Agenda packet — Lake Elsinore City Council, January 9, 2024 (part 2 of 5)

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: January 9, 2024
Subject: Second Reading of an Ordinance Authorizing the Levy of Special Taxes for Annexation No. 20 into Community Facilities District No. 2015-2 (Maintenance Services) for Alberhill
Recommendation
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES), AMENDING ORDINANCE NO. 2016-1359 AND AUTHORIZING THE LEVY OF SPECIAL TAXES.

Background/Discussion
At its Regular meeting on December 12, 2023, the City Council introduced by title only and waived further reading of the Ordinance.

Attachments
Attachment 1 – Ordinance
ORDINANCE NO. 2023-1493

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES), AMENDING ORDINANCE NO. 2016- 1359 AND AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on July 28, 2015, the City Council (the “City Council”) of the City of Lake Elsinore (the “City”) adopted Resolution No. 15-078 establishing Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California (the "CFD No. 2015-2") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on May 10, 2016, the City Council adopted Ordinance No. 2016-1359 entitled, “An Ordinance of the City of Council of the City of Lake Elsinore, California, acting in its capacity as the legislative body of Community Facilities District No. 2015-2 of the City of Lake Elsinore (Maintenance Services) authorizing the levy of special tax” (“Ordinance No. 2015-1359”), pursuant to which the City Council levied special taxes with the CFD No. 2015-2; and WHEREAS, on October 24, 2023, the City Council adopted Resolution No. 2023-83 entitled “A Resolution of the City Council of the City of Lake Elsinore Declaring its Intention to Annex Territory into Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, Adopting a Map of the Area to be Proposed (Annexation No. 20) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2015-2 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for December 12, 2023; and
WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2015-2, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and WHEREAS, on December 12, 2023, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2015-2, the levy of the special taxes therein, and the provision of Services by the CFD No. 2015-2; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2015-2, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 2023-98 entitled “A Resolution of the City Council of the City of Lake Elsinore, California, Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2015-2 (Maintenance Services) (Annexation No. 20)” (the “Resolution Calling the Election”) on December 12, 2023, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to Ord. No. 2023-1493

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the CFD No. 2015-2 at the rate and according to the method of apportionment described therein; and
WHEREAS, at said special election on December 12, 2023, the qualified electors of the territory proposed to be annexed to the CFD No. 2015-2 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and
WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 2023-99 entitled “A Resolution of the City Council of the City of Lake Elsinore, California, Declaring the Election Results for Community Facilities District No. 2015-2 (Maintenance Services) (Annexation No. 20)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2015-2 (such territory being referred to herein as “Annexation No. 20”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Amendment to Exhibit B of Ordinance No. 2016-1359. Ordinance No. 2016-1359 is hereby amended by including Exhibit B to Ordinance No. 2016-1359 attached hereto.

Section 3. Amendment to Section 2 of Ordinance No. 2016-1359. Section 2 of Ordinance No. 2016-1359 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District which are subject to taxation which are identified in Exhibit B attached hereto, pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of
apportionment set forth in Exhibit A attached hereto, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing the fiscal year specified in the Rate and Method and in each fiscal year thereafter so long as the services authorized to be finance by the District, are provided through such financing within the District.

Section 4. Future Annexations. The annexation of additional territory into the CFD No. 2015-2 was contemplated as part of the adoption of Resolution No. 15-066. The boundaries of the territory within which any property may annex to the CFD No. 2015-2 are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2015-2 (Maintenance Services) City of Lake Elsinore, County of Riverside, State of California,” as recorded on August 19, 2015 in Book 78 of Maps of Assessment and Community Facilities District, at Page 74, and as Document No. 2015-0369598 in the official records of the County of Riverside. Following a public hearing and the adoption of resolutions Ord. No. 2023-1493

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required by the Act for any additional annexations of property within said potential annexation area, Revised Exhibit B of Ordinance No. 2016-1359 shall be further amended to include any additional territory annexed to the CFD No. 2015-2. The City Council hereby authorizes and directs the officers, employees, and agents of the City to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Section 4 of this Ordinance to further include Exhibit B to Ordinance No. 2016-1359.

Section 5. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes found inapplicable to any particular parcel within the CFD No. 2015- 2, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD No. 2015-2 shall not be affected.

Section 6. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be published at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City and the CFD No. 2015-2.

Section 7. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Revised Exhibit B will include Exhibit B to Ordinance No. 2016-1359 and Section 2 of Ordinance No. 2016-1359 will be amended as described herein.

Passed, Approved, and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 9th day of January 2024.

Steve Manos
Mayor
Attest:

Candice Alvarez, MMC
City Clerk
Ord. No. 2023-1493

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Ordinance No. 2023-1493 was introduced by the City Council of the City of Lake Elsinore, California, at its Regular meeting of December 12, 2023 and adopted at its Regular meeting of January 9, 2024 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)

OF THE CITY OF LAKE ELSINORE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2015-2 (Maintenance Services) (the “CFD No. 2015-2” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2015, in an amount determined by the City Council of the City of Lake Elsinore, acting ex officio as the legislative body of CFD No. 2015-2, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2015-2, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2015-2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2015-2, or any designee thereof associated with fulfilling the CFD No. 2015-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015-2 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Lake Elsinore, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2015-2” means the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services).
“City” has the meaning set forth in the preamble.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015-2.
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015-2. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than MultiFamily Residential Property on an Assessor’s Parcel. “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2015-2 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses.

Under no circumstances shall the Special Tax A Requirement include funds for Bonds. “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2015-2, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax.

Appendix C identifies the Tax Zone in CFD No. 2015-2 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2015-2 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below.

Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 LLA-2014-2743 Non-Residential Property Acre $121
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 2 below:

TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 LLA-2014-2743 Non-Residential Property Acre $121
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special Tax
A
1 LLA-2014-2743 Acre $121
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 1 and shall be specific to each Tax Zone within the CFD.

When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 LLA-2014-2743 Non-Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 LLA-2014-2743 Non-Residential Property Acre $0
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 LLA-2014-2743 Acre $0
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall determine the Contingent Special Tax B Requirement and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax B (Contingent) equals the Contingent Special Tax B Requirement. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015-2 from time to time.

As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2015-2, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2015-2 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015-2 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

APPENDIX A

CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)

COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2015-2.

TAX ZONE 23
TR 28214-9
Item Description Estimated Cost
1 Landscaping $10,088
2 Streets $105,608
3 Drainage $12,882
4 Parks $52,426
5 Graffiti $1,545
6 Reserves $12,290
7 Admin $27,532
Total $222,371
Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent services for Fiscal Year 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2015-2 Tax Zone 23.

TAX ZONE 23 (CONTINGENT SERVICES)
TR 28214-9
Item Description Estimated Cost
1 Drainage $5,228
2 Reserves $523
3 Admin $934
Total $6,685
TAX ZONE 23
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single Family Residential RU $647 $19
Non-Residential Property Acre $2,928 $88
TAX ZONE 23
FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,928 $88

TAX ZONE SUMMARY
Annexati
on
Ta
x
Zon
e
Tract
APN
Fiscal
Year
Maximu
m Special
Tax A
Maximum
Special Tax
B
Subdivider
Original 1 LLA-2014-2743 2015-16 $121 / Acre $0 / Acre Tractor Supply 1 2 36682 2016-17 $354 / RU $102 / RU Pardee Homes
2 3 PM 29996 2017-18 $951 / Acre $165 /
Acre
Pasadena Industrial
Park, LLC
3 4 PM 36551 2017-18 $2,671 /
Acre
$201 /
Acre ARI Chaney Street, LLC
4 5 TR 32996 2017-18 $378 / RU $321 / RU LE Cottage Lane, LLC 5 6 365-030-001 2018-19 $1,004/
Acre $0 / Acre Lake Elsinore CCR, LLC
6 7 TR 33267 2019-20 $350 / RU $56 / RU Pardee Homes
7 8 PM 37284 2019-20 $1,953 /
Acre $0 / Acre Central Plaza
8 9 TR 37305 2019-20 $951 / RU $384 / RU Nichols Rd Partners, LLC 8 10 TR 37305; Lot
169
2019-20 $2,600 /
Acre $0 / Acre Nichols Rd Partners, LLC
9 11 TR 32129 &
30698
2020-21 $541 / RU $69 / RU
Donald S. Clurman &
Three Strands Properties,
LLC & Spectrum
Communities, LLC
10 12 TR 33370 2021-22 $294 / RU $30 / RU JLJ, LP
11 13 PM 37534 2021-22 $1,113 /
Acre $0 / Acre SRZ Yuma, LLC
12 14 TR 33725 2021-22 $749 / RU $87 / RU SPT-AREP III Tuscany Associates
12 15 TR 25475 2021-22 $594 / RU $62 / RU SPT-AREP III Tuscany Associates
13 16 LLA 2019-007 2021-22 $407 / Acre $0 / Acre Wal-Mart Real Estate Business Trust
14 17 TR 38008 2021-22 $366 / RU $123 / RU Tri Pointe Homes IE-SD, Inc.
15 18 TPM 37751 2021-22 $2,188 /
Acre
$2,540 /
Acre Boos-Up Lake Elsinore
16 19 PM 37710 2021-22 $1,034 /
Acre $0 / Acre Pennington Industrial, LLC
17 20 TR 37280 2022-23 $323 / RU $5 / RU Lake Elsinore Lakeshore, LLC and Erin Crowder
18 21 TR 38116 2022-23 $387 / RU $82 / RU Tri Pointe Homes IE-SD, Inc.
19 22 TR 38378 2023-24 $358 / RU $7 / RU Vista Emerald, LLC 20 23 TR 28214-9 2023-24 $647 / RU $19 / RU Pulte Home Co. 21 24 BLD-2023-
0026B 2023-24 $739 / Acre $278 / Acre Lake Street Properties, LP

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2016 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

APPENDIX B

CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.

Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015-2; as well as local roads within residential subdivisions located within CFD No. 2015-2; and any portions adjacent to the properties within CFD No. 2015-2; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or for the benefit of the properties within the boundaries of CFD No. 2015-2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-2 before CFD No. 2015-2 was created.

APPENDIX C

CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of January 9, 2024)

ASSESSOR'S PARCEL NUMBERS
Annexation Zone Owner Assessor's Parcel Numbers
Original 1 Tractor Supply 377-120-068
1 2 Pardee Homes See Below
2 3 Pasadena Industrial Park, LLC 377-120-032, -043 thru -047, - 069, and -071
3 4 ARI Chaney Street, LLC
377-140-028 thru -030, -032 thru
-035, -038 thru -041, -044 thru -
046
4 5 LE Cottage Lane, LLC See Next Page
5 6 Lake Elsinore CCR, LLC 365-030-048
6 7 Pardee Home See Next Page
7 8 Central Plaza 377-081-002 thru -009
8 9 Nichols Rd Partners, LLC
389-200-038 (por.),
389-210-008 (por.), 389-210-
032, 389-210-034, and 389-210-
036 (por.)
8 10 Nichols Rd Partners, LLC 389-200-046, -049, and -053 9 11
Donald S. Clurman &
Three Strands Properties, LLC &
Spectrum Communities, LLC
See Next Page
10 12 JLJ, LP See Next Page
11 13 SRZ Yuma, LLC 377-081-035
12 14 SPT AREP III Tuscany Associates
349-240-006, -043, -044, -045, -
046, -047, -054, -055, -056 and
349-380-024, -025
12 15 SPT AREP III Tuscany Associates 349-240-034, -038, -072, -075 13 16 Wal-Mart Real Estate Business Trust 377-090-052, -053, -054, -055, - 056, -057
14 17 Tri Pointe Homes IE-SD, Inc. 363-940-038
15 18 Boos-Up Lake Elsinore 377-243-024
16 19 Pennington Industrial, LLC 377-160-051, -052, -053 17 20 Lake Elsinore Lakeshore, LLC and
Erin Crowder 379-230-001 and 379-230-002
18 21 Tri Pointe Homes IE-SD, Inc. 379-060-005, -022, and -027 19 22 Vista Emerald, LLC 370-050-019, -020, -032
20 23 Pulte Home Co. See Next Page
EXHIBIT B (cont.)
ANNEXATION NO. 1

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
358710001 358710002 358710003 358710004 358710005 358710006 358710007 358710008 358710009 358710010 358710011 358710012 358710013 358710014 358710015 358710016 358710017 358710018 358710019 358710020 358710021 358710022 358710023 358710024 358710025 358710026 358710027 358710028 358710029 358710030 358710031 358710032 358710033 358710034 358710035 358710036 358710037 358710038 358710039 358710040 358710041 358711001 358711002 358711003 358711004 358711005 358711006 358711007 358712001 358712002 358712003 358712004 358712005 358712006 358712007 358712008 358712009 358712010 358712011 358712012 358712013 358712014 358712015 358712016 358712017 358712018 358712019 358712020 358712021 358712022 358712023 358712024 358712025 358712026
ANNEXATION NO. 4

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
379490004 379490005 379490006 379490007 379490008 379490009 379490010 379491001 379491002 379491003 379491004 379491005 379491006 379491007 379491008 379491010 379491011 379491012 379491013 379491014 379491017 379491018 379491019 379491020 379491021 379491022 379491023 379491024 379491025 379491026 379491027 379491028 379491029 379491030 379491031 379491032 379491033 379491034 379491035 379491036 379491037
ANNEXATION NO. 6

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
379051001 379051002 379051003 379051004 379051005 379051006 379051007 379051009 379051010 379051011 379051013 379051014 379051015 379051016 379051018 379051019 379051020 379051021 379051023 379051024 379051025 379051026 379051027 379051028 379051029 379051031 379051032 379051033 379051034 379051035 379051036 379051037 379051038 379051040 379051041 379051042 379051043 379051045 379051046 379051047 379051048 379051049 379051051 379051052 379051053 379051054 379051055 379051056 379051057 379051058 379051061 379051062 379051063 379051064 379051066 379051067 379051068 379051069 379051071 379051072 379051073 379051074 379051075 379051077 379051078 379051079 379051080 379051081 379051083 379051084 379051085 379051086 379051087 379051089 379051090 379051091 379051092 379052001 379052002 379052003 379052004 379052005 379052006 379052007 379052008 379052009 379052011 379052012 379052013 379052014 379052016 379052017 379052018 379052019 379052020 379052022 379052023 379052024 379052025 379052026 379052027 379052028 379052029 379052031 379052032 379052033 379052034 379052035 379052036 379052037 379052038 379052039 379052040 379052042 379052043 379052044 379052045 379052046 379052047 379052049 379052050 379052051 379052052 379052053 379052054 379052056 Assessor's Parcel Numbers
379052057 379052058 379052059 379052060 379052061 379052062 379052064 379052065 379052066 379052067 379052068 379052087 379052088 379052089 379052090 379052091 379052092 379052094 379052095 379052096 379052097 379052098 379053001 379053002 379053003 379053004 379053005 379053006 379053007 379053008 379053009 379053010 379053011 379053012 379053014 379053015 379053016
ANNEXATION NO. 9

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
347110021 347580007 347580001 347580002 347580003 347580004 347580005 347580006 347581001 347581002 347581003 347581004 347581005 347581006 347581007 347581008 347582001 347582002 347582003 347582004 347582005 347582006 347582007 347582008 347582009 347580010 347582023 347582019 347582018 347582017 347582016 347582015 347582014 347582013 347582012 347582021 347560012 347560013 347560014 347560015 347560016 347560017 347560018 347560019 347560043 347560020 347560021 347560022 347560023 347560024 347560025 347560026 347560027 347560028 347560044 347560029 347560030 347560031 347560032 347560033 347560034 347560035 347560036 347560037 347560038 347560039 347560040 347560041 347560042 347560001 347560002 347560003 347560004 347560005 347560006 347560007 347560008 347560009 347560010 347560011 347570001 347570002 347570003 347570004 347570005 347570006 347570007 347570008 347570009 347570010 347570011 347570012 347570013 347570014 347561001 347561002 347561003 347561004 347561005 347561006 347561007 347561008 347561009 347561010 347561011 347561012 347561013 347561014 347561015 347561016 347561017 347561018 347570015 347570016 347570017 347570018 347570019 347570020 347570021 347570022 347571001 347571002 347571003 347571004 347571005 347571006 347571007 347571008 347571009 347571010 347571011 347571012 347571013 347571014 347571015 347571016 347571017 347571018 347571019 347571020 347571021 347571022 347571023 347571024 347571025 347571026 347571027 347571028 347571029 347562001 347562002 347562003 347562004 347562005 347562006 347562007 347562008 347562009 347562010 347562011 347562012 347562013 347562014 347562015 347562016 347562017
EXHIBIT B (cont.)
ANNEXATION NO. 10

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
373071040 373074054 373074040 373074047 373074033 373074026 373074017 373074002 373074007 373074049 373074035 373074042 373074028 373074022 373074013 373074018 373074003 373074008 373074050 373074036 373074043 373074029 373074023 373074014 373074019 373074004 373074009 373074051 373074037 373074044 373074030 373074024 373074015 373074020 373074005 373074010 373074052 373074038 373074045 373074031 373074025 373074016 373074001 373074006 373074011 373074053 373074039 373074046 373074032
ANNEXATION NO. 20

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
389090032 389090033 389090034 389090035 389790000 389790001 389790002 389790003 389790004 389790005 389790006 389790007 389790008 389790009 389790010 389790011 389790012 389790013 389790014 389790015 389790016 389790017 389790018 389790019 389790020 389790021 389790022 389790023 389790024 389790025 389790026 389790027 389790028 389790029 389790030 389790031 389790032 389790033 389790034 389790035 389790036 389790037 389790038 389790039 389790040 389790041 389790042 389790044 389790045 389790046 389790047 389790048 389800001 389800002 389800003 389800004 389800005 389800006 389800007 389800008 389800009 389800010 389800011 389800012 389800013 389800014 389800015 389800016 389800017 389800018 389800019 389800020 389800021 389800022 389800023 389800024 389801001 389801002 389801003 389801004 389801005 389801006 389801007 389801008 389801009 389801010 389801011 389801012 389801013 389801014 389801015 389801016 389801017 389801018 389801019 389801020 389801021 389801022 389801023 389801024 389801025 389801026 389801027 389801028 389801029 389801030 389801031 389802001 389802002 389802003 389802004 389802005 389802006 389802007 389802008 389802009 389802010 389802011 389802012 389802013 389802014 389802015 389802016 389802017 389802018 389802019 389802020 389810001 389810002 389810003 389810004 389810005 389810006 389810007 389810008 389810009 389810010 389810011 389810012 389810013 389810014 389810015 389810016 389810017 389810018 389810019 389810020 389810021 389810022 389810023 389810024 389810025 389810026 389810027 389810028 389810029 389810030 389810031 389810032 389810033 389810034 389810035 389811001 389811002 389811003 389811004 389811005 389811006 389811007 389811008 389811009 389811010 389811011 389812001 389812002 389812003 389812004 389812005 389812006 389812007 389812008 389812009 389812010 389812011 389812012 389812013 389812014 389812015 389812016 389812017 389820001 389820002 389820003 389820004 389820005 389820006 389820007 389821001 389821002 389821003 389821004 389821005 389821006 389822001 389822002 389822003 389822004 389822005 389822006 389822007 389822008 389822009 389822010 389822011 389822012 389822013 389822014 389822015 389822016 389822017 389822018 389822019 389822020 389822021 389822022 Assessor's Parcel Numbers
389822023 389822024 389822025 389822026 389822027 389822028 389822029 389822030 389822031 389822032 389822033 389822034 389822035 389822036 389822037 389823001 389823002 389823003 389823004 389823005 389823006 389823007 389823008 389830001 389830002 389830003 389830004 389830005 389830006 389830007 389830008 389830009 389830010 389830011 389830012 389830013 389830014 389830015 389830016 389830017 389830018 389830019 389830020 389830021 389830022 389831001 389831002 389831003 389831004 389831005 389831006 389831007 389831008 389831009 389831010 389831011 389831012 389831013 389831014 389831015 389831016 389831017 389831018 389831019 389831020 389832001 389832002 389832003 389832004 389832005 389832006 389832007 389832008 389832009 389832010 389832011 389840001 389840002 389840003 389840004 389840005 389840006 389840007 389840008 389840009 389840010 389840011 389840012 389840013 389840014 389840015 389840016 389840017 389840018 389840019 389840020 389840021 389840022 389840023 389840024 389841001 389841002 389841003 389841004 389841005 389841006 389841007 389841008 389841009 389841010 389841011 389841012 389841013 389841014 389841015 389841016 389841017 389841018 389841019 389841020 389841021 389841022 389841023 389841024 389841025 389841026 389841027 389841028 389841029 389841030 389841031 389841032 389841033 389841034 389841035 389841036 389841037 389841038 389841039 389841040 389841041 389841042 389841043 389841044 389841045 389841046 389841047 389841048 389841049 389841050 389841051 389841052 389841053 389841054

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: January 9, 2024
Subject: Second Reading of an Ordinance Authorizing the Levy of Special Taxes for Annexation No. 21 into Community Facilities District No. 2015-2 (Maintenance Services) for Lake Storage
Recommendation
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF

Background/Discussion
At its Regular meeting on December 12, 2023, the City Council introduced by title only and waived further reading of the Ordinance.

Attachments
Attachment 1 – Ordinance
ORDINANCE NO. 2024-1494

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES), AMENDING ORDINANCE NO. 2016- 1359 AND AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on July 28, 2015, the City Council (the “City Council”) of the City of Lake Elsinore (the “City”) adopted Resolution No. 15-078 establishing Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California (the "CFD No. 2015-2") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on May 10, 2016, the City Council adopted Ordinance No. 2016-1359 entitled, “An Ordinance of the City of Council of the City of Lake Elsinore, California, acting in its capacity as the legislative body of Community Facilities District No. 2015-2 of the City of Lake Elsinore (Maintenance Services) authorizing the levy of special tax” (“Ordinance No. 2015-1359”), pursuant to which the City Council levied special taxes with the CFD No. 2015-2; and WHEREAS, on October 24, 2023, the City Council adopted Resolution No. 2023-84 entitled “A Resolution of the City Council of the City of Lake Elsinore Declaring its Intention to Annex Territory into Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, Adopting a Map of the Area to be Proposed (Annexation No. 21) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2015-2 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for December 12, 2023; and
WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2015-2, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and WHEREAS, on December 12, 2023, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2015-2, the levy of the special taxes therein, and the provision of Services by the CFD No. 2015-2; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2015-2, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 2023-100 entitled “A Resolution of the City Council of the City of Lake Elsinore, California, Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2015-2 (Maintenance Services) (Annexation No. 21)” (the “Resolution Calling the Election”) on December 12, 2023, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to Ord. No. 2023-1494

Page 2 of 4 ends

the CFD No. 2015-2 at the rate and according to the method of apportionment described therein; and
WHEREAS, at said special election on December 12, 2023, the qualified electors of the territory proposed to be annexed to the CFD No. 2015-2 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and
WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 2023-101 entitled “A Resolution of the City Council of the City of Lake Elsinore, California, Declaring the Election Results for Community Facilities District No. 2015-2 (Maintenance Services) (Annexation No. 21)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2015-2 (such territory being referred to herein as “Annexation No. 21”).

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Amendment to Exhibit B of Ordinance No. 2016-1359. Ordinance No. 2016-1359 is hereby amended by including Exhibit B to Ordinance No. 2016-1359 attached hereto.

Section 3. Amendment to Section 2 of Ordinance No. 2016-1359. Section 2 of Ordinance No. 2016-1359 is hereby amended by deleting it in its entirety and replacing it with the following:

Page 3 of 4 ends

Passed, Approved, and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 9th day of January 2024.

Steve Manos
Mayor
Attest:

Candice Alvarez, MMC
City Clerk
Ord. No. 2023-1494

Page 4 of 4 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Ordinance No. 2023-1494 was introduced by the City Council of the City of Lake Elsinore, California, at its Regular meeting of December 12, 2023 and adopted at its Regular meeting of January 9, 2024 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)

TABLE 1

MAXIMUM SPECIAL TAX A RATES

TABLE 2

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015-2 from time to time.

F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.

APPENDIX A

CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)

TAX ZONE 24
BLD-2023-0026B
Item Description Estimated Cost
1 Landscaping $827
2 Lighting $6,870
3 Streets $858
4 Reserves $795
5 Admin $1,433
Total $10,783
Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent services for Fiscal Year 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2015-2 Tax Zone 24.

TAX ZONE 24 (CONTINGENT SERVICES)
BLD-2023-0026B
Item Description Estimated Cost
1 Drainage $3,248
2 Reserves $325
3 Admin $637
Total $4,210
TAX ZONE 24
FY 2023-24 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $739 $288
TAX ZONE 24
FY 2023-24 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $739 $288

APPENDIX B

CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)

APPENDIX C

CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of January 9, 2024)

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Jason Simpson, City Manager
Date: January 9, 2024
Subject: Authorization to Apply for Additional Unclaimed Funds Under the Community Development Block Grant (CDBG) Set Aside Funds for Project Homekey Projects
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING AN AMENDMENT TO THE STANDARD AGREEMENT ISSUED UNDER THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CORONAVIRUS RESPONSE (CDBG-CV).

Background
Addressing one of California's most urgent and substantial challenges, the City of Lake Elsinore has actively tackled homelessness through a proactive strategy. The establishment of the City's Homeless Task Force in 2017 marked the initiation of efforts to house our most vulnerable residents and explore practical approaches to reduce the homeless population, with the ultimate goal of achieving functional zero for chronic homelessness.

In 2017, the City of Lake Elsinore partnered with the Social Work Action Group (SWAG) for street outreach, housing, and case management services.

In June 2020, the City Council voted to purchase the property at 215 W. Graham Ave. for $2,250,000 for Crisis Stabilization Housing to continue our proactive approach. The property, now known as The Anchor, was purchased and renovated using a $3.1 million Project Homekey grant awarded from the State of California in September 2020. The facility officially opened on December 30, 2020. Today, the City and SWAG can house up to 20 homeless individuals at any given time for up to 90 days.

On December 2, 2020, the City of Lake Elsinore was awarded $256,680 from the Homeless Housing Assistance and Prevention Program (HHAP) by the County of Riverside Continuum of Care for operating subsidy funding from July 1, 2022, through December 31, 2024.

CDBG Unclaimed Funds

Page 2 of 2 ends

Most recently, on October 28, 2021, the City of Lake Elsinore was awarded $700,000 from the California Department of Housing and Community Development under the Community Development Block Grant – Coronavirus Response. Using these grant funds, the City of Lake Elsinore started rehabilitating the Anchor, the City's homeless Crisis Stabilization Center. Repairs at Anchor have constituted improvements to the units' kitchens, bathrooms, electrical, facility laundry rooms, flooring, and air conditioning to ensure proper maintenance is done to the building for long-term sustainability.

Discussion
On November 15, 2023, the California Department of Housing and Community Development announced the availability of additional Community Development Block Grant – Coronavirus Response funding (CDBG-CV). This funding has been made available to previous CDBG-CV grantees who have existing construction projects that have experienced unanticipated cost increases. Grantees with qualifying CDBG-CV construction projects may request an additional 25 percent of their original application. As a previous applicant and awardee of CDBG-CV, the City is eligible to apply for up to $175,000.

While the City has completed significant infrastructure, interior, and exterior improvements to The Anchor as part of the previous CDBG-CV funding, replacing the sewer system is needed to ensure long-term sustainability and maintenance.

City staff recommends the adoption of the proposed resolution, approving staff to proceed with an application for $175,000. With this approval, staff will apply by January 15, 2024. If awarded, funds will be allocated in 2024, and staff will begin to complete the proposed improvements immediately.

Fiscal Impact
There is no fiscal impact on the 2023-2024 General Fund. Projects are paid through the State Home Key Grant Funding reimbursement process.

Attachments
Attachment 1- Resolution
Attachment 2- CDBG-CV Allocation of Remaining Funding Memo RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING AN AMENDMENT TO THE STANDARD
AGREEMENT ISSUED UNDER THE 2020 COMMUNITY DEVELOPMENT BLOCK

GRANT PROGRAM CORONAVIRUS RESPONSE (CDBG-CV)
Whereas, the California Department of Housing and Community Development (HCD) has announced the availability of unclaimed Community Development Block Grants – Coronavirus Response (CDBG-CV) funds; and,
Whereas, pursuant to the State’s FY 2019-2020 August 2020 Second Substantial Amendment and the CDBG-CV Method of Distribution as described in the State of California 2019-2020 Annual Action Plan Fifth Substantial Amendment, HCD has set aside unclaimed funds to support Homekey projects, located in non-entitlement or entitlement jurisdictions; and Whereas, eligible uses of these funds include construction projects that have experienced unanticipated cost increases and applications must be submitted by January 15, 2023; and, Whereas, the City of Lake Elsinore, an entitlement City, applied for and was awarded funding under the Homekey Round 2 Notice of Funding Availability issued on October 28, 2021, and is, therefore eligible to apply for $175,000 under the Homekey Program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The City of Lake Elsinore has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount of, not to exceed, $175,000 that would be added to its existing CDBG-CV Standard Agreement with the State numbered 21-CDBG-HK—00018 pursuant to the State’s June 2020 CDBG-CV1 Notice of Funding Availability for the following CDBG-CV activities, pursuant to the CDBG Method of Distribution as described in the State of California 2019-2020 Second Substantial Amendment and the CDBG-CV Method of Distribution as described in the State of California 2019-2020 Annual Action Plan August 2020 Fifth Substantial Amendment:

List of activities and amounts:

Sewer Line Replacement: $175,000
Section 2. The City hereby approves the use of Program Income in an amount not to exceed $175,000 for the CDBG-CV activities and/or CDBG activities described in Section 1.

Section 3. The City acknowledges compliance with all state and federal public participation requirements in the development of its application(s).

Section 4. The City hereby authorizes and directs the City Manager, or his or her designee, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications
Section 5. If an application is approved, the City Manager, or his or her designee, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and CC Reso No. 2024-___

Page 2 of 2 ends

3 6
9 4
5 any and all subsequent amendments thereto with the State of California for the purposes of the grant.

Section 6. If an application is approved, the City Manager, or his or her designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation, without limitation, including any covenant or regulatory agreement as may be required by the State of California from time to time in connection with the grant.

Section 7. This Resolution shall take effect from and after the date of its passage and adoption.

Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 9th day of January 2024.

Steve Manos
Mayor
Attest:

Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2024-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 9, 2024 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk

Page 1 of 3 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: January 9, 2024
Subject: Public Works Agreement with Elliott Drilling Services, Inc. for the Site Grading of the New City Hall Project (CIP Project #Z20006) Recommendation
Approve and authorize the City Manager to execute a public works agreement with Elliott Drilling Services, Inc. in an amount not to exceed $398,500.00 for the site grading of the new City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $39,850.00 for construction uncertainties and adjustments.

Background
On October 10, 2023, the City Council awarded a demolition agreement for the five buildings on the new City Hall site. The City Council also awarded a grading site development agreement on November 14, 2023. On December 15, 2023, the demolition of the five buildings was completed, and the grading immediately began after that. During the demolition and initial site development excavation, city construction management staff discovered that the wall of the building adjacent to the existing City Hall building shared an underground structural footing. Essentially, this footing supported both buildings and cannot be separated without shoring support. Half this footing must be removed from the building site to accommodate the new underground structural support.

Failing to prevent the adjacent soil from collapsing into the excavated area would impair the existing City Hall's structural integrity and create an unsafe work area within the new City Hall site.

City Hall Site Grading Agreement
Discussion
Given this potentially imminent hazardous situation and the need for a highly specialized contractor that could act quickly, a time-consuming bid process was deemed adverse to the City's public safety concerns. City staff immediately sought input from a contractor with significant experience and the workforce to take immediate remedial steps. Unfortunately, sufficient room around the perimeter of the building footprint does not exist, so conventional benching and sloping are not suitable solutions. The property limit setbacks are very narrow.

To fortify the existing City Hall building wall adjacent to the new City Hall and to create a safe, deep foundation work area, an expedited shoring design has been engineered. Shoring must be established in conjunction with excavation operations to maintain work progress safely.

Elliott Drilling Services Inc. has completed a work order and proposal to design and construct the shoring. This design/construct shoring plan will ensure the structural integrity of the existing City Hall building and provide safety elements throughout the site development, where excavation of new footings will reach depths of up to 13+ feet in restrictive areas around the site perimeter.

The deliverables in this agreement will include the following significant elements designed to ensure the continued structural integrity of the existing City Hall and provide for a safe work area for the new City Hall construction:
• Design Temporary cantilevered shoring and backside of beam lagging inside p/l for beams #1-#30.
• Furnish and install 472LF of 5ft-14ft max support beam and lagged temporary shoring for over-ex. Lagging placed on p/l. for beams#1-#46.
• Drill all soldier pile locations with proper drill rig access supplied by others. Elliott will confirm access and approach w/ the general contractor.
• Drill all soldier pile shafts.
• Furnish and install steel soldier piles into drilled shafts. • Furnish and install lean and structural concrete into drilled shafts. • Stockpile drilled and lagging spoils adjacent to each work area for removal by others. • Furnish and install timber lagging (3") along p/l to the bottom of over-ex elevations and compact soils behind lagging.
• Trim beam tops to 24" below grade.
• OSHA Notification.
• Dig Alert Notification.
• Prevailing wages.

Environmental Consideration
Approval of the agreement for grading is in furtherance of implementing the City Hall project approved by the City Council on May 10, 2022. Additionally, there is no substantial change to the project's new circumstances under which the project will be developed. Accordingly, no further environmental review is required.

City Hall Site Grading Agreement
Fiscal Impact
Funding costs are included in the Fiscal Year 23/24 – 27/28 Capital Improvement Plan (CIP) budget, CIP Project #Z20006.

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Elliott Drilling Services, Inc.

For the
City Hall Shoring
CIP PROJECT NO. Z20006
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of January 9, 2024 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Elliott Drilling Services, Inc (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

The Contractors Proposal (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:

City Hall Shoring
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being three hundred ninety eight thousand five hundred dollars and cents ($398,500.00).
2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within 45 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Elliott Drilling Services, Inc
Attn: Mark Elliott
1342 Barham Drive
San Marcos, CA 92078

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, 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 direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Elliot Drilling Services Inc.

City Manager
ATTEST:

By: Mark Elliott
Its: Owner
City Clerk
APPROVED AS TO FORM:

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Director of Administrative Services

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
Elliott Drilling Services, Inc., 1342 Barham Drive, San Marcos, CA 92078, Office (760)722-1400 Small Business Certification Ref # 0038716 www.elliottdrilling.com Elliott Drilling Services, Inc.

Contractors Business License # 651251

SHORING QUOTATION
Date: 11/30/23
Project name: Temporary Shoring-130 South Main St
Project location: Lake Elsinore, Ca
General Contractor*: The City of Lake Elsinore -*developer Phone: 951-764-2417
Attn: Gus Papagolos
Email:

We are pleased to offer the following proposal to perform the work described below per preliminary plans and specifications by Miyamoto and STK Architecture for the following prices:

Item No. Description Units Quantity Extension
1 Design Temporary cantilevered shoring per conceptual
layout (see sketch),but backside of beam lagging inside p/l for beams #1-#30
1 4430 $9,400.00
2 Mobilization $7,200.00
3 Furnish and install 472LF of 5ft-14ft max support beam and lagged temporary shoring for over-ex. Lagging placed on p/l. for beams#1-#46
Sq ft 4430 $381,900.00
4 5
6 TOTAL QUOTATION: $398,500.00
Alternates:

Item No. Description Units Quantity Extension
1 ALT Deduct-Pay invoices within 10 days ($3,200.00)
2 Return to cut out inside beam flanges $9,600.00
3 4
Included in this proposal:

Furnish Temporary Shoring engineering and plans to the City of Lake Elsinore for permits and approvals • Drill all soldier pile locations with proper drill rig access supplied by others. Elliott to confirm access and approach w/ the City of Lake Elsinore.
• Drill all soldier pile shafts
• Furnish and install steel soldier piles into drilled shafts. • Furnish and install lean and structural concrete into drilled shafts • Stockpile drilled spoils and lagging spoils adjacent to each work area for removal by others. • Furnish and install timber lagging (3”) along p/l to bottom of over-ex elevations and compact soils behind lagging.
• Trim beam tops to 24” below grade.
• OSHA Notification
• Dig Alert Notification.
• Prevailing, Non- union wages.
• Keep Chance and the City of Lake Elsinore happy.

1. Exclusions
Unless otherwise stated in the accompanying proposal, the following items of work are excluded from Elliott Drilling Services, Inc. scope of work:
• Removal of man-made or placed below grade obstructions of any kind such as footings and foundations or utilities.
• Temporary shoring design recommendations .
• Drilling of rock.
• Baseline surveying along shored areas with monitoring per the completed shoring plan. Costs for as-built plans. • All surface water runoff control measures and systems in place such that the installed shoring system and slopes remain unaffected.
• All permit costs (other than OSHA)
• All soils recommendations for permanent shoring wall design. • Encroachment fees and costs.
• Removal of installed materials provided by Elliott Drilling Services, Inc. except when the installation method has been proven to be defective or sub-standard.
• Overtime labor required by the Owner and or General Contractor • Premium charged for any payment or performance bond that may be required from Elliott Drilling Services, Inc. • Costs of repairing damage arising from the vibration, weight, access and egress of Elliott Drilling Services, Inc. equipment or materials.
• Costs of more than one mobilization at the site, if Elliott Drilling Services, Inc. work is interrupted, suspended or delayed by causes outside of its control.
• Costs related to revised engineering, plan alterations either in scope or nature of work being provided by Elliott Drilling Services, Inc. as a result of changes in site conditions or from, geotechnical discovery, hazardous material discovery, weather or off-site activities, as may occur during the course of work in excavating drilled shafts.

2. General Contractor (The City of Lake Elsinore) Coordination and Support Throughout the project the General Contractor shall be responsible for providing Elliott Drilling Services, Inc. with each of the following items and services:
• Coordinating all work of the other contractors and suppliers so as not to hinder, interfere with or delay Elliott Drilling Services, Inc. work.
• All required field engineering, surveying and layout, including clearly marked center lines, center points, grades, offset stakes, and elevations at each hole location and maintenance of same. • Notify Dig Alert and have all utilities, services, conduits, fiber optic cables, pipelines, etc. marked out both on site and on any adjacent property where work will encroach to maintain such markings. • All required soil, concrete and materials testing, pile testing if required, inspection and or system monitoring, permits including all SWPPP requirements, licenses, surveying, easement, permissions to encroach, reports, asbuilt drawings, notices to government agencies. • Increased costs for steel, concrete and lumber 30 days after the proposal date. • Suitable areas on or adjacent to the site for Elliott Drilling Services, Inc. Office trailer, storage bin, fabrication and staging and storage of materials, parking spaces for Elliott Drilling Services, Inc. employees. • Protection, location, relocation, removal, rerouting and or repair of all pavement, sidewalks, conduits, wires, fiber optic devices, pipelines and other utilities, weather underground at grade or overhead, in the project area and adjacent property, as required to prevent interference with or compromise safety of Elliott Drilling Services, Inc. work.
• Continuous removal and disposal of all spoils and waste materials, debris, excess concrete, produced during the course of Elliott Drilling Services, Inc. work, so as not to interfere with or compromise the progress or, the safety of Elliott Drilling Services, Inc. employees and their work. • Site de-watering, if required, before, during and after Elliott Drilling Services, Inc. work so as to prevent hydrostatic head and sand piping that might interfere with the progress of work and compromise site safety. • Site water run-off, storm water management, siltation, and drainage • Sumps, holding tanks, or silting basins and the regular cleaning thereof as may be reasonably required to pump drilling fluids from shafts during the course of Elliott Drilling Services, Inc. work. • Reasonable traffic control and protection, including all labor (Flag persons, flashers, traffic control devices etc.) and equipment, street cleaning, barricades, fences, handrails and traffic diversion as required. • Construction Water, lighting, telephone service, sanitary facilities and electrical power shall be provided within two hundred feet of the work location in such quantity and quality as required by Elliott Drilling Services, Inc.

3. Access
Throughout the project, the General Contractor shall be responsible for providing reasonable and safe access by which concrete trucks, cranes, drill rigs, and other construction related equipment and vehicles can move under their own power to and from each location without limitation where Elliott Drilling Services, Inc. is required to work.

4. Scheduling
General Contractor and Elliott Drilling Services, Inc. shall adhere to a mutually agreed upon schedule.

A work day shall consist of eight consecutive hours between 7:00 am and 5:00pm and a work week shall consist of Monday thru Friday excluding holidays.

5. Excavation
The General Contractor shall be responsible for coordination of mass excavation, drilled shaft spoils removal, lagging spoils removal, and shall prevent unsafe over excavation of un-shored or under supported wall faces. Elliott Drilling Services, Inc. assumes no responsibility for stability or maintenance of the excavation or for the backfilling of overexcavation caused by others. Mass excavation and trimming of material to the face of the soldier piles or to the face of lagging, will be done by others so as not to interfere with the progress or safety of Elliott Drilling Services, Inc. work and personnel. Excavation for the purpose of lagging installation shall not exceed five (5ft.) lifts of open face. When existing footings are to be underpinned, sequential excavations to the bottom of the existing foundation is to be done by others at no cost to Elliott Drilling Services, Inc.

6. Shoring and Underpinning and Tiebacks
Horizontal tolerances for excavation support systems shall be +/- 2 inches of the wall alignment unless specified under special conditions. Unless permanent tiebacks are required shoring tie backs are temporary. Removal of materials once installed is excluded unless such work is covered by a specific bid item. It is further the responsibility of the General Contractor to obtain permissions, license, and all permits and to contact all governing authorities and agencies where tieback encroachments pass through other properties public or private, under right of ways etc. and to have all utilities, pipelines, fiber optic conduits and any below ground structure clearly marked out or potholed prior to the drilling or installation of tieback structures, underpinning or other installation provide by Elliott Drilling Services, Inc..

7. Time Delays
Elliott Drilling Services, Inc. shall not be responsible for time delays, and their associated costs, outside of its control.

Including but not limited to weather, refusal obstructions, ground water or excessive seepage, delays resulting from work of others, discovery of undocumented or unreported utilities, hazardous materials, archeological discovery, access restrictions or unsafe sub-grade conditions.

8. Hazardous Materials
Elliott Drilling Services, Inc. shall not be required to remove, transport or dispose of hazardous materials, substances or contaminated materials. The General Contractor shall disclose in writing all hazardous and contaminated materials at the project site of which it is aware and that can be obtained from the owner or the owners agents. The General Contractor shall provide all necessary governing agencies permits, notifications, licenses and be responsible for all costs related to these. The General Contractor and or the owner or the owner's agents shall furnish all tests, inspections and notices required by law.

9. Concrete (by Elliott)

10. Acceptance of Work and Payment
General Contractor shall promptly inspect and accept or reject each drilled shaft after it is complete, including installation of concrete and each lift of lagging as its installation is complete. Changes made after that acceptance will be compensable to Elliott Drilling Services, Inc. In lieu of General Contractors signature as proof of acceptance it shall be generally accepted that the job site supervisor shall have accepted the work unless specifically brought to the attention of Elliott Drilling Services, Inc. personnel at the time of work, rejection of work following installation of lagging shall also be considered compensable to Elliott Drilling Services, Inc. No work by others shall be charged back to Elliott Drilling Services, Inc. unless such chargeback is approved in writing by Elliott Drilling Services, Inc. prior to the commencement of the work. If an equitable price cannot be agreed upon for services to which Elliott Drilling Services, Inc. is entitled, the fee shall be calculated as cost plus 20% for overhead.

11. Payment
During the course of work progress payments shall be made monthly. These payments shall include reimbursements for costs of all labor, management, and materials as well as all subcontracted work performed by others. All invoices for materials that have been purchased and or satisfactorily fabricated, even if they have as yet not been installed shall be due monthly. Retentions, if withheld, shall be no more that 5% (per California Public Contract Code Section 7201) of the original contract amount exclusive of change orders. All additional work outside the scope of the original contract shall be considered separate from the original contract and billed at time and materials rates which are not subject to retention. All invoices with the exception of the final invoice are due net thirty days from the date of the invoice. Full and complete final payment for all contracted services, change orders and retentions is due sixty days from completion and acceptance of Elliott Drilling Services, Inc. originally contracted work.

12. Limitations on Damages
Elliott Drilling Services, Inc. shall under no circumstances be liable to the owner and or the General Contractor or any agents, employees, contractors, consultants of the owner and or General Contractor for any indirect, consequential, or exemplary damages.

13. Differing Site Conditions
Notwithstanding any other provision in any contract documents, Elliott Drilling Services, Inc. shall be entitled to an equitable adjustment to its contracted compensation and schedule whenever its work is adversely affected by encountering any latent condition at the project site that differs from conditions indicated by the contract documents, soils report and boring logs furnished to Elliott Drilling Services, Inc. at the time of bid or ordinarily encountered and generally recognized as inherent in work of the character provided in the contract.

14. Indemnity
Elliott Drilling Services, Inc. shall indemnify, but not defend, the owner and or General Contractor with respect to any claim that arises directly from the negligence or intentional fault, if any, of Elliott Drilling Services, Inc. in the performance of its work hereunder, but the extent of such indemnity shall be limited to Elliott Drilling Services, Inc. portion of the total fault causing the loss on which the claim was based. Elliott Drilling Services, Inc. shall have no other responsibility to defend, pay for, or indemnify the owner and or the General Contractor or its agents with respect to claims arising from or related to Elliott Drilling Services, Inc. work hereafter.

15. Insurance
Elliott Drilling Services, Inc. shall maintain in place, throughout the performance of its work hereunder, worker's compensation coverage as required by the law, and commercial general liability insurance, for bodily injury and property damage coverage (without exclusion for explosion, collapse and underground loss), with a limit of $1,000,000.00 per occurrence and $2,000,000.00 aggregate. Excess liability coverage with a limit of $1,000,000.00 per occurrence and $2,000,000.00 aggregate shall also be maintained. Coverage and endorsements for additional insured parties shall be limited to Elliott Drilling Services, Inc. portion of the total fault causing the loss on which the claim was based. Should additional limits of coverage be required the fee shall be the additional policy costs plus 20% for overhead and administration.

If the project is considered residential construction (single family, condominiums, or multiple unit) and other than apartments, then the General Contractor shall supply Elliott Drilling Services, Inc. with an OCIP Policy: a general liability policy naming Elliott Drilling Services, Inc. as insured to the minimum limits of $2,000,000.00 per occurrence and $3,000,000.00 aggregate or to greater limits as required by the project documents. Owner Controlled Insurance Policies (OCIP) that are required for residential construction as listed above shall not have a deductible greater than $10,000 or the General Contractor shall be financially responsible for any differences between $10,000 and whatever the deductible is.

16. Amendment
These general conditions shall not be nullified or suspended except by a subsequent document signed by an authorized Elliott Drilling Services, Inc. representative.

17. Disputes
Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by binding arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association, any judgment rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute arises out of, or relates to, this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its construction industry mediation rules before resorting to arbitration, litigation, or some other dispute resolution technique. Elliott Drilling Services, Inc. shall be entitled to recover damages in addition to costs otherwise allowed, all reasonable attorney's fees, expert witness fees, and other expenses incurred in the pursuit of Elliott Drilling Services, Inc. right to payment or other benefits under this contract, irrespective of whether such enforcement is accomplished through the filling of an action at law, the prosecution of arbitration proceeding or otherwise.

18. Precedence
These conditions shall be attached to and become part of the contract and shall take precedence over any conflicting provisions.

19. Expiration
Unless specified otherwise this bid quotation shall not remain in effect after thirty (30) days from bid date, unless accepted in writing by contract.

20. Project specific agreements
We assumed shoring load values for this proposal. Active pressure-45Pcf, passive pressure :260 pcf and building load at rest-65 pcf.

If recommendations by the project soils engineer are greater we would have an RFCO increase .

Elliott Drilling Services, Inc.

Signature:

Name: Mark Elliott
Title: President
Date:

Contractor’s License # 651251A
General Contractor: The City of Lake Elsinore-developer Signature:

Name:

Title:

Date:

Contractor’s License #

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: January 9, 2024
Subject: City Council Meeting Dates for 2024
Recommendation
Review the 2024 meeting dates and approve canceling the Regular meetings of November 26 and December 24, 2024.

Background
The Regular meetings of the City Council and the Successor Agency are set in the Municipal Code as the second and fourth Tuesdays of the month. The City Council has the authority to cancel meetings as necessary.

Discussion
The meetings on November 26th and December 24th are near the Thanksgiving and Christmas Holidays. Due to the potential of a lack of quorum because of the holidays, it is recommended that the meetings be canceled. All remaining meeting dates for the year, as listed in Attachment 1, do not pose any foreseen conflicts at this time.

Fiscal Impact
There is no cost associated with this item.

Attachments
Attachment 1 - 2024 Meetings and Holidays
City Council and Successor Agency Meetings of 2024
The following dates are of proposed City Council and Successor Agency Regular Meetings
|January 9 and 23 | February 13 and 27 | March 12 and 26 | April 9 and 23 | |May 14 and 28 | June 11 and 25 | July 9 and 23 | August 13 and 27 | |September 10 and 24 | October 8 and 22 | November 12 | December 10 | The following meetings are to be canceled
| November 26 | December 24 |
2024 Federal Holidays
New Year’s Day - January 1
Martin Luther King, Jr.’s Birthday - January 15
President’s Day/Washington’s Birthday - February 19
Memorial Day - May 27
Juneteenth – June 19
Independence Day - July 4
Labor Day - September 2
Indigenous People’s Day – October 14
Veterans Day - November 11
Thanksgiving Day - November 28
Christmas Day - December 25

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: January 9, 2024
Subject: Reappointments to the Measure Z Citizens Committee Recommendation
Reappoint Edwin Castro (District 2) and Jimmy Gist (District 5) to serve on the Lake Elsinore Measure Z Citizens Committee for a term expiring December 31, 2025.

Background
Following the passage of Measure Z in November 2020, a Citizen Committee was established to review and advise upon the spending and use of Measure Z funding per the Ordinance establishing the transactions and use tax. This Committee provides financial transparency and ensures this funding is used appropriately to the community's established goals and needs.

According to City Council Policy No. 200-5A, members shall be at least 18 years of age, not serve on any other Commission or be an officer or employee of the City or a person under an employment contract. Members must reside within the City Council District represented by the appointing City Council Member. Members shall be subject to a routine background check administered by the Police Department.

Discussion
According to City Council Policy No. 200-5A, the Committee includes one (1) resident member from each City's five council districts. The district's elected Council Member nominates each member. The City's elected City Treasurer also serves as an Ex-Officio, non-voting member of the Committee. Three (3) terms of appointment (Districts 2, 4 and 5) ended on December 31, 2023. The City Clerk's Office posted a Notice of Accepting Applications for the Measure Z Citizen MZCC Appointments

Page 2 of 2 ends

Committee from November 21, 2023, through December 22, 2023. Four applications were received during the application period. After reviewing applications, Mayor Manos selected Edwin Castro and Councilmember Magee selected Jimmy Gist for formal appointment by the full City Council. Council Member Johnson is reviewing applications and will recommend an appointment on a future agenda.

Fiscal Impact
There are no fiscal impacts related to this item at this time.

Attachments
Attachment 1 – Edwin Castro (District 2)
Attachment 2 – Jimmy Gist (District 5)

If Yes, please explain.

Why are you interested in serving on this Commission/Committee?* I wish to continue my involvement in the community and serve as a beacon and representative of my neighborhood.

I believe Lake Elsinore does a great job in promoting a diverse and inclusive culture.

Together we can make Lake Elsinore a better place for out families and friends.

Please list any qualifications you may have to serve on the Commission/Committee you are applying for, i.e. education, related service or work experience, budgeting or financial experience, community involvement, etc.* I have experience working directly with members of the public. As a former City Commissioner I understand the complexity of public service.

I work well with people with different backgrounds and beliefs. Its important we work together and find a common goal that will make Lake Elsinore a better place for our community.

I have a background in Banking and Finance and work well with Business owners.

Currently serving as Chairman of the Measure Z Committee.

For example, if you are applying for the Measure Z Citizen Committee, please list any financial or budgeting experience.

Please note
Appointees will be required to take an Oath of Office and file a completed Statement of Economic Interest form, if appointed to a position specified in the City’s Conflict of Interest Code. Appointees are not considered to be City employees for purposes of benefits, such as workers compensation and health insurance.

Applicant's Declaration and Signature
I certify under penalty of the perjury laws of the State of California that all information on this form is true and correct. By typing my name and the date completed on this form, I am affirming my intent to be a candidate for appointment to a Commission for the City of Lake Elsinore. If appointed I pledge to follow the laws of the City of Lake Elsinore, the policies as set forth by the City Council and to conduct myself in such a manner as to be a good representative of the City.

Signature (Please type your name)*
Edwin Castro
Date*
11/27/2023

Signature (Please type your name)*
Jimmy Gist
Date*
12/21/2023

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: January 9, 2024
Subject: Mayor’s Recommended Council Appointments
Recommendation
Appoint City Council Members to serve on the various Boards, Committees, Subcommittees, and Ad-Hoc Committees.

Background
Each year, the Mayor makes recommendations and appointing individual Council Members to various Governmental Agency Boards and City Committees, Subcommittees, and Ad-Hoc Committees.

Discussion
The Mayor is not recommending any changes this year; however, contacts and meeting schedules are being updated.

Fiscal Impact
There is no cost associated with this item.

Attachments
Attachment 1 - Mayor’s Recommended Council Appointments List (Redlined) MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2024

ORGANIZATION ADDRESS AND CONTACT INFO APPOINTED

DELEGATE

APPOINTED

ALTERNATE
File
700s

MEETING SCHEDULE
Regional Committees
California Joint
Powers Insurance
Authority
Attn: Veronica Ruiz
8081 Moody Street
La Palma, CA 90623
(562) 467-8736800-229-2343
Executive Committee
Meetings held the Fourth
Wednesday of each month
at 5:30 p.m. (not required to
attend)
Timothy J.

Sheridan
Steve Manos No
Required Annual meeting
of Board of Directors
meeting – July 24th 7 p.m.

LaPalma Campus
City Selection
Committee of
Riverside County
Breanna SmithLisa Wagner
Board of Supervisors RC
1 st Flr. County Admin Center
Riverside, CA 92502
Steve Manos Brian Tisdale Mayor is the delegate
Meetings January and May
at the same time and place
of the RC Div. of LOCC
(951) 955-9688
Lake Elsinore/San
Jacinto Watershed
Authority
Attn: Zyanya Ramirez, Clerk of the
Board Dawna Munson
11615 Sterling Avenue
Riverside, CA 92503
951-354-42447
951-354-4220 Main Line
Robert Magee Steve Manos Yes Meetings held on a bimonthly basis (February, April, June, August,
October, December) the
third Thursday at 4:00 p.m.
at Elsinore Valley
Municipal Water District,
31315 Chaney Street, Lake
Elsinore, CA 92531.Third
Thursday of each Month at
3:00 p.m.

Northwest Mosquito
and Vector Control
District
Attn: Mark Breidenbaugh/Dictrict
ManagerWilliam Van Dyke, Dist. Mgr.
1966 Compton Avenue
Corona, CA 92881
951-340-9792
Brian Tisdale
Steve Manos
Timothy J.

Sheridan
No Third Thursday every other
Month starting in February
January at 34:00 p.m. at
EVMWD Board
RoomNorthwest Mosquito
and Vector Control District.

Riverside County Attn: Janis Leonard (First Floor – Board Habitat Conservation 3390 University Avenue, Suite 200
Agency Riverside, CA 92501
Timothy J.

Sheridan
Yes Room)Quarterly Meetings
2 nd Thursday starting in
Council Approval: 1/9/2024 Page 1 of 6
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2024
4080 Lemon Street, 3rd Fl
MS1032
February 2024 at 11:30 a.m.
in WRCOG office. July
Riverside, CA 92501
951-405-6702955-8320
Attn: Samantha SamaniegoJoan
Hepworth
1825 3rd Street
Riverside, CA 92507
951-565-508666
[email protected]
Attn: Lisa Mobley, MMC
County Regional Complex
meeting usually cancelled.

Riverside Transit
Agency
Meetings held the Fourth
Thursday of Month at 2:00
p.m. January November and
December 2024 meetings
are held the Third Thursday
at 2:00 p.m.

Second Wednesday of the
Month at 9:30 a.m. at 4080
Lemon Street (main Board
Room, 1st Floor), Riverside
Timothy J.

Sheridan
Robert Magee Yes
Yes
Riverside County
Transportation Robert Magee Natasha Johnson
Commission (RCTC) P. O. Box 12008
Riverside, CA 92502
951-787-7960

ORGANIZATION ADDRESS AND CONTACT INFO APPOINTED

DELEGATE
Attn: Maggie Aguilar, Clerk of the Board Steve Manos
818 West 7th Street, 12th Floor
Los Angeles, CA 90017
213-630-1420900 Wilshire Blvd, Ste.
1700
Los Angeles, CA 90017

APPOINTED

ALTERNATE
N/A
File
700s
Yes

MEETING SCHEDULE
Southern California
Association of
Governments
SCAG
All regular meetings of the
Executive/Administration
Committee - 1st Wednesday of
each month
All regular meetings of the
Regional Council and Policy
Committees – 1st Thursday of
each month.Monthly + As
Needed
[email protected]
(213) 630-1420
Backup Contacts:

Cecilia Pulido Deputy Clerk of the Board -
[email protected]
Jonna Hart, Senior Admin Assistant –
[email protected]
Western Riverside
Council of
Governments
(WRCOG)
Attn: Janis Leonard
4080 Lemon Street, 3rd Fl
MS1032
Riverside, CA 92501
951-955-83203390 University Avenue,
Suite 200
First Monday of the Month
at 2:00 p.m. at Riverside
County Admin. Bldg., 4080
Lemon Street, Riverside
January special meeting
will be at a different
Brian Tisdale Robert Magee Yes
Riverside, CA 92501
951-405-6702
location – agenda will be
Council Approval: 1/9/2024 Page 2 of 6
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2024
distributed approx. one
week prior.

EXCEPT:

Julyanuary and July
1 st Monday of the month
12:30 p.m. Held at 4080
Lemon Street, (First Floor –
Board Room), Riverside
Western Riverside
County Regional
Conservation
Authority Board of
Directors
Attn: Lisa Mobley, MMC
County Regional Complex
P. O. Box 12008
Riverside, CA 92502
Attn: April Boydd
3403 10th Street, Suite 320
Riverside, CA 92501
951-955-0042
Natasha
Johnson
Robert Magee Yes
(RCA)
Local Committees
Animal Shelter Natasha

JPA/SCFA/JPA
Animal Shelter
Attn: Scott BrucknerCaitlin Storm,
4080 Lemon Street, 4th Floor
Riverside, CA 92501
Brian Tisdale
Natasha Johnson
N/A
No
No
No
Twice a year May and
Johnson OctoberAnnual--TBD
951-955-9760
[email protected]@rivco.org
Attn: Captain James RaylsMichael
Lujan
Crime Free Multi
Family Housing
Project
Timothy J.

Sheridan
As Needed
333 Limited Avenue
Lake Elsinore, CA 92530
951-245-3385
EVMWD/City Group Attn: Kristie Gonzalez Terese Quintar Natasha Quarterly at 4:30 p.m.

Location alternates every
other meeting (City Hall
and EVMWD)
Mtg. 31315 Chaney Street
Lake Elsinore, CA 92530
Contact: 951-674-3146 X-8220223
Johnson
Timothy J.

Sheridan
Council Approval: 1/9/2024 Page 3 of 6
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2024

ORGANIZATION ADDRESS AND

CONTACT INFO
Attn: Jim SavageLeiloni
Purcell

APPOINTED

DELEGATE
Timothy J.

APPOINTED

ALTERNATE
Brian Tisdale
File 700s MEETING SCHEDULE
Friends of the Lake
Elsinore Library Sheridan No As Needed
31750 Machado Street600
W. Graham
Lake Elsinore, CA 92530
951-674-4517245-0535
Attn: Kim McElroy
P.O. Box 84
Lake Elsinore, CA 92531
(951) 579-4852951-678-
1537
Attn: Judiel SanchezMary
Griggs
545 Chaney Street
Lake Elsinore, CA 92530
Contact: 951-253-70057000 X7005
Historical Society Robert Magee Natasha Johnson No
No
First Tuesday of every Month
at 1:00 p.m.
183 N. Main Street
Lake Elsinore, CA 92530
LEUSD/City Group
Mtg.

Timothy J.

Sheridan
Natasha
N/A Bi-Monthly at 4:30 p.m.

Location alternates every other
meeting (City Hall and
Johnson LEUSD)
Lake City Manager’s Office Robert Magee
Brian Tisdale
N/A No
No
No
As Needed
Elsinore/Wildomar
Joint Committee
Move I-15 through
Temecula Valley Task Randi Johl, City Clerk
Force
Southwest Riverside
County Energy
Authority
City of Temecula Robert Magee Timothy J.

Sheridan
MonthlyAs Needed Regionally
City Manager’s Office Steve Manos Annual Meeting
Natasha
Johnson
N/A
City Committees
Steve Manos
Natasha
Johnson
Brian Tisdale
Timothy J.

Arts & Culture
Subcommittee
Community Services
Department
N/A
N/A
No
No
As Needed
Beautification As Needed
Committee
City Manager’s Office
Sheridan
Budget Subcommittee City Manager’s Office
Council Approval: 1/9/2024
Brian Tisdale As Needed

Page 4 of 6 ends

N/A No
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2024
Natasha
Johnson
Allen Baldwin

ORGANIZATION ADDRESS AND

CONTACT INFO

APPOINTED

DELEGATE

APPOINTED

ALTERNATE
File 700s MEETING SCHEDULE
Dream Extreme 2040 City Manager’s Office Brian Tisdale As Needed Robert Magee
Natasha
N/A No
Economic City Manager’s Office As Needed
Development
Committee
Johnson
Steve Manos
Alternate:

Brian Tisdale
Steve Manos
Robert Magee
N/A No
No
No
Executive Project
Review Subcommittee Community Development
Department
Lake Elsinore Main
Street Committee
City Manager’s Office / N/A
N/A
As Needed
As Needed
As Needed
As Needed
As Needed
City Manager’s Office /
Community Development
Department
City Manager’s Office /
Community Services
Department
Timothy J.

Sheridan
Steve Manos
Robert Magee
Brian Tisdale
Public Facilities
Committee N/A
N/A
No
Special Events No
Committee
Community Services
Department
Natasha
Johnson
Robert Magee
Robert Magee
Steve Manos
Lake Improvement
Projects Committee
City Manager’s Office /
Community Services
Department
N/A No
Mining and Grading
Oversight Committee
Engineering Department Robert Magee
Brian Tisdale
N/A
N/A
No
No
As Needed
Energy and As Needed
Technology
Committee
City/County
Committee
City Manager’s Office
City Manager’s Office
Robert Magee
Natasha
Johnson
Robert Magee
Brian Tisdale
N/A No As Needed
Council Approval: 1/9/2024 Page 5 of 6
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2024

ORGANIZATION ADDRESS AND

CONTACT INFO

APPOINTED

DELEGATE

APPOINTED

ALTERNATE
File 700s MEETING SCHEDULE
City Council As Needed
Affordable Housing
Subcommittee
City Manager’s Office /
Community Development
Department
Timothy J.

Sheridan
Natasha
N/A No
Johnson
Homeless Taskforce
Public Safety
City Manager’s Office
City Manager’s Office
Brian Tisdale
Natasha
Johnson
N/A
N/A
No
No
As Needed
Natasha As Needed
Johnson
Brian Tisdale
Brian Tisdale
Robert Magee
Timothy J.

Sheridan
Cannabis Ad Hoc
Committee
Eastside Circulation
Subcommittee
Community Development
Department
Engineering Department /
City Manager’s Office
N/A
N/A
No
No
As Needed
As Needed
Robert Magee
Timothy J.

Sheridan
Lake Elsinore Motion City Manager’s Office
Picture Commission
N/A No As Needed
Subcommittee
Council Approval: 1/9/2024 Page 6 of 6

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Jason Simpson, City Manager
Date: January 9, 2024
Subject: Agreement for Contractor Services with Ballard Marine Construction for Installation of Electrical Equipment and Barge Anchorage Recommendation

1. Approve and authorize the City Manager to execute the Contractor Services Agreement with Ballard Marine Construction in an amount not to exceed $656,590 for installation of electrical equipment and barge anchorage in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $65,659 for uncertainties and adjustments.

2. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for the contractor services to be performed by Ballard Marine Construction given the highly specialized work, essential heavy equipment and unique qualifications of the contractor.

Background
As part of our recently adopted lake management plan, the City Council approved the use of nanobubble treatment for Lake Elsinore. The equipment will be installed in a shipping container on a floating barge approximately 100 feet off the shoreline.

The system will use an oxygen concentrator to produce oxygen and ozone that will be injected into the nanobubbles. The barge will be installed on the East side of the lake between Mohr Street and Davis Street with underwater intake and discharge lines. The nanobubbles will eat up the muck (organic matter) at the bottom of the lake, which will improve the water quality.

Agreement with Ballard Marine Construction

Page 2 of 2 ends

Discussion
Staff is recommending a Contractor Services Agreement with Ballard Marine Construction for installation of Electrical Equipment and Barge Anchorage. Due to the special nature of underwater work and specialized cranes required to install the electrical equipment and anchoring of the floating barge, staff recommends that the City Council waive the formal bidding process per Municipal Code Section 3.08.070(G).

Ballard Marine Construction has fifty years of experience in the heavy civil marine construction industry and is uniquely qualified to perform the installation work of the electrical equipment and barge anchorage to integrate with the custom nanobubbler system. Ballard maintains a proven track record of safe, efficient, and innovative marine construction solutions throughout the United States with offices in southern California. In addition to the unique experience and qualifications of the crew, Ballard will also provide the specialized heavy equipment necessary to properly perform the work and will assist the City with engineering of the barge to ensure stability of the equipment.

Fiscal Impact
Funding costs are included in the Fiscal Year 2023/2024 Measure Z Budget.

Attachments
Attachment 1 - Agreement
Exhibit A - Quote
Attachment 2 - Ballard Marine Construction Agreement Page 1

AGREEMENT FOR CONTRACTOR SERVICES
Ballard Marine Construction
Installation of Electrical Equipment and Barge Anchorage This Agreement for Contractor Services (the “Agreement”) is made and entered into as of January 9, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Ballard Marine Construction, Inc., a Corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following contractor services:

Installation of Electrical Equipment and Barge Anchorage for Lake Water Quality Equipment.

B. Consultant has submitted to City a proposal, dated January 4, 2024, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such contractor services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.

Page 2 ends

c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Six Hundred and Fifty-Six Thousand and Five Hundred and Ninety dollars ($656,590) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

Page 3 ends

7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

Page 4 ends

b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered

Page 5 ends

by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of

Page 6 ends

law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

Page 7 ends

iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
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.

Page 8 ends

c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Ballard Marine Construction
Attn: Chuck Phipps
6200 Angelo Ct.

Loomis, CA 95650

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. 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.

20. 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.

Page 9 ends

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. 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.

26. 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.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to

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make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. 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.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONSULTANT”
Ballard Marine Construction, Inc., a
Corporation
By: Click or tap here to enter text.

Its: Click or tap here to enter text.

Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
www.ballardmc.com
A Proposal Prepared For:

Lake Elsinore Barge and Nano Bubbler Install
City of Lake Elsinore
Bid Date: 1/4/2024
Prepared By:

Ballard Marine Construction
Chuck Phipps
[email protected]
866.782.6750

CONFIDENTIALITY
This proposal, including pricing, contains confidential and proprietary information and shall not be duplicated, used or disclosed – in whole or in part – for any purpose other than to evaluate this proposal for the specific project named above. The proposal and the information contained herein may be shared with Client’s customer, employees, consultants and agents only to the extent such entities and individuals have a need to know such information in connection with the Project and have been informed of the confidential and proprietary nature of the information. Client shall take all reasonable precautions to prevent disclosure of confidential and proprietary information to any other person or entity. In the event Client or third party uses any information in this proposal for purposes other than as stated above, Ballard Marine shall not be liable in any way relating to such use.
1/4/2024
Adam Gufarotti
City of Lake Elsinore
Lake Elsinore, CA
(951) 674-3124 Ext. 314
[email protected]
RE: Lake Elsinore Barge and Nano Bubbler Install
Dear Adam Gufarotti,
Ballard Marine Construction (Ballard) appreciates the opportunity to submit our proposal for the Lake Elsinore Barge and Nano Bubbler Install as per your requested scope of work. Ballard personnel will comply with all local, state and federal rules and regulations applicable to the performance of our services.

Ballard looks forward to working with you on this project. Should additional information be required, or if I may be of further assistance, please do not hesitate to contact me.

Respectfully Submitted,
Ballard Marine Construction
Chuck Phipps
866.782.6750 | [email protected]

ABOUT BALLARD
Ballard Marine Construction (Ballard) has been working in the heavy civil marine construction industry since the 1970s; providing complete infrastructure inspection, construction, rehabilitation and maintenance solutions on projects worldwide since our inception. Ballard has always taken an innovative approach to offering highly technical heavy civil marine and underwater solutions to our local, national, and international clients in the power, transportation, environmental, water and wastewater, and industrial markets.

PROJECT OVERVIEW
Ballard will provide a crew and marine equipment to perform Lake Elsinore Barge and Nano Bubbler Install. This project is quoted as lump sum and Time and Materials Client: City of Lake Elsinore Start Date: January 2024
Location: Lake Elsinore, CA Duration (est.): 5-7 Days
Project Location

PROJECT PRICING SUMMARY
Price Excluding Item 4: Diving to Jet Power Cord
Price Including Item 4: Diving to Jet Power Cord
Pricing Notes:
• Mobilization Rate – applies during preparation and loading of all equipment and supplies require to perform the work, and during travel time to the Project site in preparation for initial setup.
• Working Day Rate(s) – apply from initial arrival of crew at the Project site and at all times crew is on site until work is completed, all equipment is loaded, and crew leaves the Project site.
• Standby Rate – applies at any time Client requires crew to stand by at an offsite location or near the Project site. Will be billed at a minimum of eight (8) hours per day/40 hours per week at each employee’s billable classification. Owned equipment will be billed at sixty percent (60%) of rate(s) shown above. Rented equipment will be billed at one hundred percent (100%) of the rate(s) shown above.

Item Description Actual Unit Est. Units Cost/Unit Subtotal 1 Mobilization / Demobilization LS 1.00 $ 88,810.00 $ 88,810.00 2 Barge Assembly, Mooring, and Installation (6 Man Crew, 10hr Day) LS 1.00 $ 97,970.00 $ 97,970.00 3 Service Crane (Nano-Bubbler Barge Assembly) LS 1.00 $ 45,100.00 $ 45,100.00 4 Diving to Jet Power Cable Below Lakebed (6 man dive Crew, 10hr day) LS 0.00 $ 92,180.00 $ - 5 Electrical Work and Sub Marine Cable LS 1.00 $ 293,000.00 $ 293,000.00 6 Nano Bubbler Permanent Barge Anchorage LS 1.00 $ 63,570.00 $ 63,570.00 7 HDPE Piping, Davit, and Bases LS 1.00 $ 68,140.00 $ 68,140.00 $ 656,590.00

BALLARD MARINE CONSTRUCTION PRICING SUMMARY
Estimate Price
Item Description Actual Unit Est. Units Cost/Unit Subtotal 1 Mobilization / Demobilization LS 1.00 $ 88,810.00 $ 88,810.00 2 Barge Assembly, Mooring, and Installation (6 Man Crew, 10hr Day) LS 1.00 $ 97,970.00 $ 97,970.00 3 Service Crane (Nano-Bubbler Barge Assembly) LS 1.00 $ 45,100.00 $ 45,100.00 4 Diving to Jet Power Cable Below Lakebed (6 man dive Crew, 10hr day) LS 1.00 $ 92,180.00 $ 92,180.00 5 Electrical Work and Sub Marine Cable LS 1.00 $ 293,000.00 $ 293,000.00 6 Nano Bubbler Permanent Barge Anchorage LS 1.00 $ 63,570.00 $ 63,570.00 7 HDPE Piping, Davit, and Bases LS 1.00 $ 68,140.00 $ 68,140.00 $ 748,770.00

BALLARD MARINE CONSTRUCTION PRICING SUMMARY
Estimate Price
• Demobilization Rate – applies after completion of the work from the point equipment and crew leave the Project site, return to Ballard’s facility, and until all restocking of equipment is completed.
• Dive System Maintenance: when applicable, maintenance will be performed daily for up to one (1) hour, accruing up to eight (8) hours per project, and will not be considered down time.
• Other:
o Consumables, materials and third party services required to complete the work will be billed at cost plus 15% for T&M Change Orders for additional work scope. o Additional items will also be billed at cost plus 15%, including:
▪ Additional Client requested for T&M Change Orders for additional work scope, services, equipment, or tooling (when available) ▪ Mobilization of additional equipment, unless Ballard and Client agree Client will be directly responsible for mobilization
▪ Welders provided by Ballard for any Client provided equipment o All work performed will be in accordance with working rules of applicable local union agreements, prevailing wage, and/or Davis Bacon requirements. o Rates do not include any applicable sales or use taxes.

Project Specific Notes, Clarifications, and Exclusions

1. Pricing is based on the preliminary drawings provided by The City of Lake Elsinore. 80F0- 200-GAD PRELIMINARY dated 10/24/2023

2. An RFP/RFQ has not been provided to Ballard to base the pricing. All pricing is based on email and verbal communication, and the preliminary plans provided (80F0-200-GAD PRELIMINARY dated 10/24/2023).

3. Preliminary drawings provided by the City of Lake Elsinore do not show or mention a design of anchoring system, sacrificial anodes, system piping hoists or frames, security fencing, or cover plates for medication once piping is installed.

4. A Bill of Materials (BOL) has not been provided by the City of Lake Elsinore.

5. Bonding and permitting not included in the proposal.

6. Ballard is not responsible for the condition of the existing aeration lines or power cable that are laid across the lakebed.

7. Pricing assumes aeration lines and power cables will be marked out by others at the four (4) anchorage drop points.

8. Pricing assumes Power Cable installation onshore can be direct burial conduit and NOT concrete incased conduit.

9. Pricing assumes Power Cable will be laid on the lakebed and not protected.

10. If diver jetting of the power cable below the lakebed is selected, Ballard will use a diver’s water jet to bury the power cable below the surface of the lakebed. If the power cable is to cross/intersect existing cables, piping or other components/obstructions that prevent the cable from being directly jetted down at any specific location, Ballard will not be responsible to jet down the existing obstruction to facilitate the burial of the new power cable.

11. Ballard is not responsible for damage to the In-Water Power cable after demobilization since in-water protection (Submar Mats) was declined.

12. Ballard to connect power cable to Nano-Bubbler barge breaker panel, other barge power connections and installations to be performed by others.

13. Ballard is not responsible for any unmarked/unknown lines that are not identified through the 811 process.

14. If the City of Lake Elsinore chooses to forgo stability and anchoring engineering of the floating nano-bubbler barge, Ballard will not be held responsible for the stability of the barge or the failure to maintain the barge positioning once installed.

15. Pricing may be subject to change with additional work scope is added to the project or product substitution as directed by the City of Lake Elsinore or engineering firm Moleaer.

16. Period of performance is subject to availability of materials, engineering, and the city to approve the engineered design plans provided by Ballard.

17. Ballard to not be liable for the public mooring up to or boarding the barge.

18. Painting of existing, modified, and/or newly installed components is excluded from the Ballard pricing and scope.

General Notes, Clarifications, and Exclusions
The following are made part of the contract and supersede any provisions thereof unless expressly agreed otherwise in writing by Ballard.

1. This proposal is contingent upon:
a. the parties reaching mutually agreeable terms and conditions under a fully executed written agreement, and
b. availability of personnel and equipment.

2. Ballard and Client acknowledge:
a. this proposal is submitted in response to an RFP or other request (i.e., schedule of rates) from Client and is based on assumptions and quantities specified therein, and
b. changes to assumptions and/or fluctuations in quantities may affect costs associated with providing the services contemplated herein.

3. Exclusions:
a. This proposal does not include, and Ballard will not be responsible for, any impact, delay or costs resulting from events or circumstances beyond Ballard’s control, including but not limited to: acts of God; acts of the public enemy; acts of the Client, Project owner, or their respective agents; fires; floods; epidemics or pandemics; government orders or restrictions; strikes; severe weather; or supply chain issues such as scarcity of commodities or unusual delivery delay. b. Any deviation in site conditions, scope of services, and/or deliverables specified herein will be considered a change and subject to negotiation and agreement in writing prior to commencement of work affected by any such change. c. Unless specifically stated otherwise, this proposal does not include any environmental controls or engineering services.
d. Ballard is not responsible for any expenses related to decontamination of equipment or reclamation of water or property contacted by contaminated materials at the work site during the Project. Any diving equipment or support equipment contaminated by radio nuclides, damaged, or destroyed by hydrocarbons, solvents, chemicals and/or other environmental conditions will be replaced at cost plus fifteen percent (15%) daily rental until the equipment is replaced.
e. Spoils, debris, water treatment/filtration and trash disposal are not included and are the responsibility of others, unless expressly included as part of Ballard’s scope of work. Damaged equipment will become the property of the Client. f. Cost of performance, payment or warranty bonds is not included. If required by Client, bonds will be furnished at cost plus fifteen percent (15%).

4. Client Responsibilities:
a. Provide all permits required for the Project or performance of the services other than business or contractors’ licenses required in the location of the Project. b. Pay for any and all customs, import/export fees, foreign tax, duties, work permits, tariffs or any other related fees associated to the Project. c. Provide sufficient access to and from the project site.

5. Safety & Compliance:
a. Ballard dive teams are OSHA compliant and adhere strictly to ADCI regulations and guidelines. OSHA requires a minimum of a three (3) man properly trained dive team on each commercial diving project.
b. Ballard reserves the right to add more personnel as needed to safely perform the work depending on site conditions, depth of water, additional equipment, and any other conditions or circumstances that may affect safe performance of the work. Client shall be responsible for all resulting additional costs. c. Ballard’s supervisor/superintendent will have sole authority to determine if working conditions, including weather, allow for safe performance of the work.

Weather conditions that may prevent safe performance of the work may include but are not limited to snow, ice, lightning, high winds/surf, extreme heat or cold, currents, and poor visibility caused by fog, snow, or heavy rain. d. Ballard may take immediate action to prevent the loss of life or limb, to prevent undue suffering, or to prevent further property or environmental damage as necessary without prior written authorization from Client. Any action so taken will be documented and an appropriate change order issued as soon as reasonably practical thereafter.

6. All pricing is quoted and to be paid in U.S. Dollars.

7. This proposal is good for thirty (30) days.

The terms and pricing of this proposal and any subsequent contract assume no impact from an infectious disease outbreak, including but not limited to the COVID-19 pandemic, whether directly or indirectly. Ballard Marine Construction’s ability to comply with any schedule requirement contemplated by this proposal is directly contingent on a lack of impact by an infectious disease outbreak. Such impacts could include but are not limited to: 1) any government or other public authority decision causing delay or impact; 2) any cost increase or lack of availability of personnel, materials, equipment and any other resources necessary for the performance of the work related to the proposal; or 3) any additional costs incurred to disinfect areas of the project site due to an infectious disease contamination or potential contamination. Ballard Marine Construction reserves its right to seek an extension of time and additional compensation if it or its subcontractors or suppliers are unable to maintain planned crew sizes due to an infectious disease outbreak, supply shortages or governmental restraints on business, travel or assembly or otherwise meet schedule requirements.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Assistant Community Development Director Date: January 9, 2024
Subject: Notice of Decision – Planning Commission Approval of Planning Application No. 2023-40 (Inland Boat Center) Approving a Conditional Use Permit in connection with the establishment of a new boat dealership in an existing 126,661 sq. ft. building with a 29,895 sq. ft. outdoor display area and a 38,736 sq. ft. outdoor storage area located at 31700 Grape Street Applicant: James Mark Dakan, Inland Boat Center, Inc.

Recommendation
Receive and file the Notice of Decision for Planning Application No. 2023-40 approved by the Planning Commission on December 5, 2023.

Background
Planning Application No. 2023-40 (Conditional Use Permit No. 2023-15) is proposed in connection with the establishment and operation of a new boat dealership in an approximately 126,661 sq. ft. existing retail building which will be utilized as a showroom, offices, storage, and maintenance/repair drive-through area. The Conditional Use Permit is necessary as related to certain ancillary uses, including two (2) fenced outdoor display areas totaling approximately 29,895 sq. ft. and three (3) fenced storage areas totaling 38,736 sq. ft. in size.

The facility will be used to buy and sell new and used boat, vehicles, recreational vehicles, trailers, all-terrain vehicles (ATVs), motorcycles, equipment, and all marine related products. The facility will also sell marine related accessories and parts and provides service and maintenance to new and used boats, motors, and trailers.

The 12.39-acre project site is located south of Railroad Canyon Road and east of Grape Street, more specifically 31700 Grape Street (APNs: 363-530-003 and 363-530-006).

PA 2023-40 (Inland Boat Center)

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On December 5, 2023, the Planning Commission by a 5-0 vote:

1. Found that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and

2. Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2023-40 (CONDITIONAL USE PERMIT NO. 2023-15) IN CONNECTION WITH ESTABLISHING

AND OPERATING A NEW BOAT DEALERSHIP IN AN EXISTING BUILDING CONTAINING APPROXIMATELY 126,661 SQUARE FOOT AREA WITH A 29,895 SQUARE FOOT OUTDOOR DISPLAY AREA AND A 38,736 SQUARE FOOT OUTDOOR STORAGE AREA LOCATED AT 31700 GRAPE STREET (APNS: 363-530-003 AND 363- 530-006).

Discussion
The Planning Commission voted 5-0 to approve the project at its regular meeting on December 5, 2023. There were no public comments. Only the applicant attended the hearing.

The Commission’s decision is final, and no action by the City Council is required unless the City Council, by majority vote, elects to review and reconsider the Commission’s decision by ordering the matter set for a future noticed public hearing according to Section 17.410.110.F of the Lake Elsinore Municipal Code (LEMC), or the applicant or an interested person files a complete appeal application within 15 days of this notice appearing on the City Council’s Agenda.

Fiscal Impact
The time and cost related to processing this application have been covered by fees paid for by the applicant. No. General Fund budgets have been allocated or used in the processing of this application. Project approval does not fiscally impact the City’s General Fund. Mitigation Measures to protect the City fiscally have already been included in the Conditions of Approval.

Attachments
Attachment 1 – Planning Commission Staff Report

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REPORT TO PLANNING COMMISSION
To: Honorable Chair and Members of the Planning Commission From: Damaris Abraham, Assistant Community Development Director Date: December 5, 2023
Subject: Planning Application No. 2023-40 ( Inland Boat Center) – A Request for a Conditional Use Permit in connection with the establishment of a new boat dealership in an existing 126,661 sq. ft. building with a 29,895 sq. ft. outdoor display area and a38,736 sq. ft. outdoor storage area located at 31700 Grape Street
Applicant: James Mark Dakan, Inland Boat Center, Inc.

Recommendation

1. Find that the proposed project is exempt from the California Environmental Quality Act CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and

2. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2023-40 CONDITIONAL USE PERMIT NO. 2023-15) IN CONNECTION WITH ESTABLISHING AND

OPERATING A NEW BOAT DEALERSHIP IN AN EXISTING BUILDING CONTAINING APPROXIMATELY 126,661 SQUARE FOOT AREA WITH A 29,895 SQUARE FOOT OUTDOOR DISPLAY AREA AND A 38,736 SQUARE FOOT OUTDOOR STORAGE AREA LOCATED AT 31700 GRAPE STREET (APNS: 363-530-003 AND 363-530-006).

Project Location
The 12.39-acre project site is located south of Railroad Canyon Road and east of Grape Street, more specifically 31700 Grape Street (APNs: 363-530-003 and 363-530-006).

Project Description
Planning Application No. 2023-40 ( Conditional Use Permit No. 2023-15) is proposed in connection with the establishment and operation of a new boat dealership in an approximately 126,661 sq. ft. existing retail building which will be utilized as a showroom, offices, storage, and maintenance/repair drive-through area. The Conditional Use Permit is necessary as related to PA 2023-40 (Inland Boat Center)

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certain ancillary uses, including two ( 2) fenced outdoor display areas totaling approximately 29,895 sq. ft. and three (3) fenced storage areas totaling 38,736 sq. ft. in size.

Environmental Setting

EXISTING

LAND USE

GENERAL PLAN ZONING
Project Site Commercial
Center
Elsinore City Center
Specific Plan ( ECCSP) ECCSP – General Commercial
North Commercial
Center General Commercial ( GC) General Commercial ( C-2) South Commercial
Center
Elsinore City Center
Specific Plan (ECCSP) ECCSP – General Commercial
East Open Space Open Space ( OS) Open Space ( O-S)
West I-15 Freeway I-15 Freeway I-15 Freeway
Discussion
The project is located within the Elsinore City Center Specific Plan, Amendment No. 1 (ECCSP 1) and has a land use designation of Elsinore City Center Specific Plan Zone. This designation provides opportunities for a full range of retail stores, offices, restaurants, personal services, and other similar uses. The project is proposing to establish a new boat dealership within an existing building with an outdoor display area. The proposed project is consistent with the land use goals and policies of the ECCSP#1. The original ECCSP and Amendment No. 1 were subject to a consistency finding with the General Plan prior to adoption. Therefore, the Project is consistent with the General Plan.

Recreational vehicle sales and service, including outdoor display and storage is not specifically listed in ECCSP#1 as a permitted use. Pursuant to Section IV.A.2.zz of the ECCSP#1, on December 5, 2023, the Planning Commission has adopted a resolution finding that recreational vehicle sales and service is a permitted use, noting that outdoor display and storage is subject to a Conditional Use Permit.

The project also complies with the onsite parking standards listed in Lake Elsinore Municipal Code LEMC) Chapter 17.148 ( Parking Requirements). Section 17.148.030.A and E of the LEMC requires one (1) parking space for each 250 square feet gross floor area, plus one space for each 1,000 square feet of outside sales, display or storage area. 606 parking spaces would be required for the proposed project. The project will have sufficient parking as there is an existing shared parking agreement whereas 778 parking spaces are available.

PA 2023-40 (Inland Boat Center)

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Appropriate Conditions of Approval have been included toensure compliance with adopted plans, policies, and regulations. Building and Safety and Fire Divisions will conduct occupancy inspections to ensure the space complies with all applicable codes.

Environmental Determination
Staff has determined that the proposed Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The project proposes to operate a new boat dealership in an approximately 126,661 sq. ft. existing retail building. The site is fully developed, and only minor interior alterations are planned in association with the proposed use.

The project is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The project site is completely disturbed and is developed with an existing commercial center. The project site is not located in a Criteria Cell and was not required to be processed through the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review JPR) processes. The project complies with all other applicable requirements of the MSHCP.

Public Notice
Notice of the hearing for this application has been published in the Press-Enterprise newspaper and mailed to property owners within 300 feet of the subject property. As, of the writing of this report, no written comments concerning this application have been received by staff.

Attachments
Attachment 1 – CUP Resolution
Attachment 2 – Conditions of Approval
Attachment 3 – GIS Exhibits
Attachment 4 – Project Plans
Attachment 5 – Project Description
Attachment 6 – Public Notice Materials
RESOLUTION NO. 2023-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2023-40 CONDITIONAL USE PERMIT NO. 2023-15) IN CONNECTION WITH

ESTABLISHING AND OPERATING A NEW BOAT DEALERSHIP IN AN EXISTING BUILDING CONTAINING APPROXIMATELY 126,661 SQUARE FOOT AREA WITH A 29,895 SQUARE FOOT OUTDOOR DISPLAY AREA AND A 38,736 SQUARE FOOT OUTDOOR STORAGE AREA LOCATED AT 31700 GRAPE STREET (APNS:
363-530-003 AND 363-530-006)
Whereas, James Mark Dakan on behalf of Inland Boat Center, Inc. has filed an application with the City of Lake Elsinore ( City) requesting approval of Planning Application No. 2023-40 Conditional Use Permit No. 2023-15) proposing to establish and operate a new boat dealership in an approximately 126,661 sq. ft. existing retail building which will be utilized as a showroom, offices, storage, and maintenance/repair drive-through area. The project also includes two ( 2) fenced outdoor display areas totaling approximately 29,895 sq. ft. and three (3) fenced storage areas totaling 38,736 sq. ft. in size. The 12.39-acre project site is located south of Railroad Canyon Road and east of Grape Street, more specifically referred to as 31700 Grape Street APNs: 363-530-003 and 363-530-006);
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process ( LEAP) and Joint Project Review ( JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria;
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives;
Whereas, Chapter 17.415.070.A of the Lake Elsinore Municipal Code (LEMC) provides that certain uses have operational characteristics that, depending on the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a Conditional Use Permit, which allows the City to comprehensively review and approve the use;
Whereas, pursuant to Chapter 17.415.070.B of the LEMC, the Planning Commission Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying Conditional Use Permits; and
Whereas, on December 5, 2023, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The Commission has considered the project and has found it acceptable.

PC Reso. No. 2023-____

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Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency:

1. The project is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.

2. The project site is developed with existing commercial uses. The project is proposing to remodel the interior of an existing multi-tenant commercial building. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable.

3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as set forth in MSHCP Section 6.3.2 because the project is not located within any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas.

4. The project is consistent with the Fuels Management Guidelines because the project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.

5. The project is exempt from MSHCP local development mitigation fees pursuant to LEMC Section 16.85.090.B because the project involves remodeling to an existing development project and will not result in additional usable square footage.

Section 3: The Commission hereby finds and determines that the project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and CEQA Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section 15301 ( Class 1 – Existing Facilities). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The project proposes to operate a new boat dealership in an approximately 126,661 sq. ft. existing retail building. The site is fully developed, and only minor interior alterations are planned in association with the proposed use.

Section 4: That in accordance with California Planning and Zoning Law and the LEMC Section 17.415.070.C ( Findings), the Commission makes the following findings regarding Conditional Use Permit No. 2023-15:

1. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located.

The project is located within the Elsinore City Center Specific Plan, Amendment No. 1 ECCSP #1) and has a land use designation of Elsinore City Center Specific Plan Zone.

This designation provides opportunities for a full range of retail stores, offices, restaurants, personal services, and other similar uses. The project is proposing toestablish anew boat dealership within an existing building with an outdoor storage and display area. The proposed project is consistent with the land use goals and policies of the ECCSP#1. The original ECCSP and Amendment No. 1 were subject to a consistency finding with the General Plan prior to adoption. Therefore, the Project is consistent with the General Plan.

Recreational vehicle sales and service is not specifically listed in ECCSP#1 as a use PC Reso. No. 2023-____

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subject to a Conditional Use Permit. Pursuant to Section IV.A.2.zz of the ECCSP#1, on December 5, 2023 the Planning Commission has adopted a resolution finding that recreational vehicle sales and service is a permitted use, noting that outdoor display and storage would be subject to approval of a Conditional Use Permit as provided herein.

2. The proposed conditional use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City.

The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. The project has been conditioned as such to avoid any possible negative impacts associated with the conversion and operation of the proposed facility.

3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title.

The proposed use has been reviewed for compliance with applicable sections of the LEMC, and the proposed use will complement the existing uses, based on the submitted plans and attached conditions of approval.

4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use.

The proposed use is located within an existing built environment, inclusive of streets. The existing streets are of adequate size to facilitate safe and convenient transportation to and from the site.

5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof.

The project has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects.

6. Adequate conditions and safeguards pursuant to Section 17.415.070.B of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located.

Pursuant to Section 17.415.070.B of the LEMC, the project was considered by the Commission at a duly noticed Public Hearing on December 5, 2023, appropriate and applicable conditions of approval have been included to protect and promote the public health, safety, and general welfare.

Section 5: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby recommends that the Council find that the project is consistent with the MSHCP.

PC Reso. No. 2023-____

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Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon theproject, the Commission hereby approves Planning Application No. 2023-40 (Conditional Use Permit No. 2023-15).

Section 7: This Resolution shall take effect immediately upon its adoption.

Passed and Adopted on this 5th day of December 2023.

Michael Carroll, Chairman
Attest:

Damaris Abraham,
Assistant Community Development Director

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Damaris Abraham, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held December 5, 2023 and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Damaris Abraham,
Assistant Community Development Director
Applicant’ s Initials: Page 1 of 4

CONDITIONS OF APPROVAL
PROJECT: PA 2023-40/CUP 2023-15
PROJECT NAME: Inland Boat Center
PROJECT LOCATION: APNs: 363-530-003 and 363-530-006
APPROVAL DATE:

EFFECTIVE DATE:

EXPIRATION DATE:

GENERAL

1. Planning Application No. 2023-40 ( Conditional Use Permit No. 2023-15) proposes to establish and operate a new boat dealership in an approximately 126,661 sq. ft. existing retail building which will be utilized as ashowroom, offices, storage, and maintenance/repair drive-through area. The project also includes two (2) fenced outdoor display areas totaling approximately 29,895 sq. ft. and three (3) fenced storage areas totaling 38,736 sq. ft. in size. The facility will be used to buy and sell new and used boats, vehicles, recreational vehicles, trailers, all-terrain vehicles (ATVs), motorcycles, equipment, and all marine related products. The facility will also sell marine related accessories and parts andprovides service and maintenance to new and used boats, motors, and trailers. The 12.39-acre project site is located south of Railroad Canyon Road and east of Grape Street, more specifically referred to as 31700 Grape Street (APNs: 363-530-003 and 363-530-006).

2. The applicant shall defend ( with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of CUP 2023-15, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of CUP 2023-15 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition.

3. Within 30 days of Project approval and prior to issuance of any building permits, the applicant shall sign and complete an “Acknowledgement of Conditions,” and shall return the executed original to the Community Development Department for inclusion in the case records.

PLANNING DIVISION

4. Conditional Use Permit No. 2023-15 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) PA 2023-40/CUP 2023-15 PC: December 5, 2023
Conditions of Approval CC: TBD
Applicant’ s Initials: Page 2 of 4
prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with theland andshall continue tobevalid upon achange of ownership of the site or structure, which was the subject of the Conditional Use Permit application.

5. Operational activities shall be conducted entirely within the leased area and in accordance with the site plan and floor plan approved by the Planning Commission.

6. Any outdoor activity will require a temporary use permit or special event permit, as applicable, shall be obtained from the City of Lake Elsinore prior to conducting any outdoor events on the subject property.

7. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of the Section 17.415.070 of the LEMC, in a similar manner as a new application.

8. If operation of this use raises concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a Public Hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said Conditional Use Permit.

9. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities.

10. All future development proposals shall be reviewed by the City on a project-by-project basis.

If determined necessary by the Community Development Director or designee, additional environmental analysis will be required.

11. Any proposed minor revisions to the approved plans are subject to review and approval by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application.

12. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) at all times.

13. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site.

14. There shall be no loitering in or around the establishment.

15. Graffiti shall be removed within 24 hours.

PA 2023-40/CUP 2023-15 PC: December 5, 2023
Conditions of Approval CC: TBD
Applicant’ s Initials: Page 3 of 4

16. The vicinity of the establishment shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours.

17. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.

BUILDING DIVISION

18. The applicant shall meet all applicable building codes in effect at the time, including requirements for the occupancy.

19. A building permit shall be obtained prior to construction of building alterations.

CITY OF LAKE ELSINORE FIRE MARSHAL

20. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal.

PA 2023-40/CUP 2023-15 PC: December 5, 2023
Conditions of Approval CC: TBD
Applicant’ s Initials: Page 4 of 4
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the abovereferenced project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City of Lake Elsinore Planning Commission on ______________. I also acknowledge that all Conditions shall be met as indicated.

Date:

Applicant’s Signature:

Print Name:

Address:

Phone Number:

SITE PLAN/TITLE
PAGEAS 1.0GHGHAHEMPIREDESIGNGROUPInc. 31700

GRAPE STREET LAKE ELSINORE,
CA 92532 INLAND BOAT CENTER - CUP INLANDBOATCENTER,
EXISTINGFLOOR PLANA 1.
0GHGHAHEMPIREDESIGNGROUPInc. 31700 GRAPE STREET
LAKE ELSINORE, CA 92532
INLAND BOAT CENTER - CUP INLANDBOATCENTER, INC. EXISTING

EXISTING EXTERIORPHOTOGRAPHIC VIEWSA

2.0GHGHAHEMPIREDESIGNGROUPInc. 31700 GRAPE

STREET LAKE ELSINORE, CA
92532 INLAND BOAT CENTER - CUP INLANDBOATCENTER, INC.

EXISTING EXTERIORPHOTOGRAPHIC VIEWSA

2.1GHGHAHEMPIREDESIGNGROUPInc. 31700 GRAPE

STREET LAKE ELSINORE, CA
92532 INLAND BOAT CENTER - CUP INLANDBOATCENTER, INC.

Inland Boat and RV
681 E San Jacinto Ave
Perris, CA 92571
PHONE ( 951) 928- 4180
FAX ( 951) 928- 8686
E- MAIL Inlandboats@aol. com
WEB SITE http:// www. inlandboatcenter. com
Inland Boat and RV
681 E San Jacinto Ave
Perris, CA 92571
PHONE ( 951) 928- 4180
FAX ( 951) 928- 8686
E- MAIL Inlandboats@aol. com
WEB SITE http:// www. inlandboatcenter. com
11/2/23
Inland Boat Center Business Plan Overview
Inland Boat Center Inc. is a company that: buys and sells new boats, used boats, vehicles, RV’s, trailers, ATV’s, motorcycles, equipment, all marine related products and all like products.

Inland boat Center Inc. sells: all marine related accessories, parts and service items, new and used motors.

Inland Boat Center Inc. provides service and maintenance to new and used boats, motors and trailers.

Inland Boat Center
681 E San Jacinto Ave
Perris CA 92571
951)928-4180
Inland Boat Center | 681 E San Jacinto Ave | Perris CA 92571 Tel: 951-928-4180 | Fax: 951-928-8686

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Lake Elsinore, California, will hold a Public Hearing on December 5, 2023, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 6:00 p.m., or as soon thereafter as the matter may be heard, to consider the following:

Planning Application No. 2023-40 (Inland Boat Center): A request by Mark Dakan, Inland Boat Services requesting approval of Conditional Use Permit No. 2023-15 to establish and operate a new boat dealership in an approximately 126,661 sq. ft. retail building which will be utilized as a showroom, offices, storage, and maintenance/ repair drive-through area (Project). The Project also includes an approximately 20,973 sq. ft. outdoor display area. The Project is located south of Railroad Canyon Road and east of Grape Street, more specifically 31700 Grape Street ( APNs:
363-530-003 and 363-530-006).

The proposed Project is exempt from the California Environmental Quality Act (Cal. Pub. Res.

Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15301 Existing Facilities.

ALL INTERESTED PERSONS are invited to submit written information, express opinions or otherwise submit written evidence by email to dlongoria@Lake- Elsinore.org.

If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the Administrative Secretary at (951) 674-3124 ext. 297. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org the Friday before the Public Hearing.

FURTHER INFORMATION on this item may be obtained by contacting Damaris Abraham, Assistant Community Development Director in the Planning Division at dabraham@lakeelsinore.org or (951) 674-3124, ext. 913.

Damaris Abraham
Assistant Community Development Director
mailto:dabr
aham@lak
eelsinore.or
g
http://www.lakeelsinore.org/
mailto:dlongoria@LakeElsinore.org
mailto:dabraha
m@lakeelsinore.org
PA 2023-40 (Inland Boat Center) - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
951) 368-9229
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Publication: The Press-Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011634747
FILE NO. 0011634747

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the aboveentitled matter. I am an authorized representative of THE PRESSENTERPRISE, a newspaper of general circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person( s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
11/24/2023
I certify ( or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: November 24, 2023.

At: Riverside, California
Signature

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Assistant Community Development Director Date: January 9, 2024
Subject: Professional Services Agreement with Michael Baker International Inc. for On-call Contract Planning Services
Recommendation
Approve and authorize the City Manager to execute an Agreement for Professional Services with Michael Baker International Inc. to provide on-call contract planning services in the amount of $280,800, in such final form as approved by City Attorney.

Background
The Planning Division of the Community Development Department operates to assist citizens, businesses, and City departments to ensure that land use complies with the General Plan and Zoning regulations and meets the needs of the City and its citizens. Currently, the Planning Division has vacant positions. Michael Baker International Inc. (Michael Baker) will provide oncall planning services to allow the department to continue to provide the needed customer service to the public while the full-time positions are being filled.

Discussion
Michael Baker will provide on-call planning services which will include a combination of in-person and remote support services. Michael Baker will provide contract planning services at a Senior/Project Manager level to assist both the Advanced Planning Section as well as the Current Section in the technical review and evaluation of a wide variety of discretionary land development applications.

The planning functions that will be performed by the contract planner(s) will include the following:
• Review, analyze and process discretionary cases consistent with City codes, policies, and standards.
• Provide direction to the City’s consultant regarding the General Plan Update. • Provide direction to junior staff regarding industry best practices.

Michael Baker Agreement

Page 2 of 2 ends

• Prepare environmental analysis, including, but not limited to, Initial Studies and Negative Declarations, as required by the California Environmental Quality Act (CEQA). • Prepare and file Notice of Determination (NOD) Notice of Exemption (NOE). • Coordinate the preparation and filing of all required notices. • Provide Plan check services
• Route plans to City departments; consolidate comments; and present recommendations and revisions to the applicant.
• Review proposed development plans for compliance with City's General Plan, Zoning Ordinance, and any applicable design guidelines.
• Coordinate the City's interdepartmental review of proposed projects which would include interaction with various homeowner associations and other interest groups. • Meet and/or teleconference with staff and/or the applicant as necessary to identify and discuss critical items and develop workable solutions, as necessary. • Prepare staff reports, for consideration and action by the appropriate decision-making bodies.
• Prepare resolutions and/or ordinances related to proposed development projects.

Fiscal Impact
The cost for these services will be paid from salary savings and no General Funds shall be used to pay for said services.

Attachments
Attachment 1 – Agreement
Exhibit A - Proposal
Attachment 1 - Agreement.pdf Page 1

AGREEMENT FOR PROFESSIONAL SERVICES

MICHAEL BAKER INTERNATIONAL

ON-CALL CONTRACT PLANNING SERVICES
This Agreement for Professional Services (the “Agreement”) is made and entered into as of January 9, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and , a Michael Baker International, Inc., a California Corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

On-call Planning services.

B. Consultant has submitted to City a proposal, dated November 16, 2023, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.

Page 2 ends

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Two hundred eighty thousand and eight hundred dollars ($280,800.00) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

Page 3 ends

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If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Michael Baker International, Inc
Attn: William Hoose
3760 Kilroy Airport Way, Suite 270
Long Beach, CA 90806

19. 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.

Page 9 ends

Lake Elsinore City CouncilJanuary 9, 2024

Lake Elsinore City Council
January 9, 2024