Agenda packet — Lake Elsinore City Council, January 14, 2025 (part 1 of 2)

City of Lake Elsinore
City Council Meeting
Agenda – Final

Brian Tisdale, Mayor
Robert E. Magee, Mayor Pro Tem
Steve Manos, Council Member
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Jason Simpson, City Manager
Meeting Date:

January 14, 2025

Closed Session: 5:30 PM
Public Session: 7:00 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

The City of Lake Elsinore appreciates your attendance. Citizens’ comments, input and interests provide the City Council with valuable information regarding issues of the community.

Meeting Information
Meetings are held on the 2 nd and 4 th Tuesday of every month, and the agenda is posted 72 hours prior to each meeting outside of City Hall. The agenda and related reports are also available on the City’s website at www.Lake-Elsinore.org. Meetings are conducted in person, televised live on Spectrum Cable Station Channel 29 and Frontier Cable Channel 31, and streamed online at http://www.lake-elsinore.org/city-government/city-council/webcast-videos. If you are attending the meeting in person, please park in the parking lot across the street from the Cultural Center to assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation.

Public Comments – Addressing the City Council
Any person wishing to address the City Council on items not included on the Agenda may do so during Public Comments for 1 minute at the beginning of the meeting or during Public Comments for 3 minutes at the end of the meeting. We respectfully ask those interested in addressing the City Council to either submit a request to speak online at http://www.lake-elsinore.org/city- government/agendas-and-minutes or complete and present a “Request to Speak” form to the City Clerk at the meeting. This Form is available on the table located inside the Council Chamber.

Members of the public may also provide comments on Agenda items by noting the item on the “Request to Speak” form and will be called to address the City Council when the item is considered by the City Council during the meeting.

Written Communications
If you would like to submit written public comments, you may do so prior to the meeting either by entering them online at the link above or emailing them to the City Clerk at calvarez@lake- elsinore.org. Any written communications or additional documents distributed to the City Council within 72 hours of the meeting will also be made available to the public in accordance with Government Code Section 54957.5.

Accessibility Accommodations
In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Department at (951) 6743124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility

City Council Agenda - Final January 14, 2025

City of Lake Elsinore Page 2

Dream Extreme 2040 is the City’s FIRST long-term strategic plan to assist the City in its pursuit of achieving its vision. The plan is a living document that will be updated regularly and serve as the framework to guide all decision-making over the next 20 years by identifying key Anchors, Aspirations, and Strategies.

Our Vision is the City of Lake Elsinore will be the ultimate destination where all can live, work, play, build futures, and fulfill dreams.

The Anchors are the City of Lake Elsinore’s unique community assets and opportunities: The Lake, Downtown, and Action and Adventure.

• The Lake: Lake Elsinore is a vital community asset. Protecting, enhancing, and celebrating the Lake is critical to Lake Elsinore’s City and community health.

• Downtown: Enhancing and creating the highest quality downtown experience will serve to create a strong sense of place that will shape the City’s identity as a place where residents and visitors can live, work, and play.

• Action and Adventure: Lake Elsinore’s programs, facilities, and natural environment will define the City as a destination for action and adventure for both visitors and residents.

Our Aspirations are broad, long-term goals that encapsulate what we hope to achieve in Lake Elsinore’s future. The City has identified 4 key aspirations to work towards.

Items on the agenda that align with Aspirations from the Dream Extreme 2040 Plan are noted by the Aspiration’s icon to highlight City Council actions that help the City pursue its goals.

To read the plan and learn more about its implementation in the City, visit www.Lake-Elsinore.org/DreamExtreme2040.

City Council Agenda - Final January 14, 2025

City of Lake Elsinore Page 3

CALL TO ORDER

The regular meeting of the City Council will be called to order.

ROLL CALL

PUBLIC COMMENTS ON CLOSED SESSION ITEMS

CLOSED SESSION – 5:30 P.M.

A. Conference With Legal Counsel--anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case

B. Conference With Legal Counsel--existing Litigation
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Lake Elsinore v. Tolmasoff, et al.; U.S. District Court, Case No. 5:24-cv-00472-SSS-SHK

RECESS

The City Council will recess to Closed Session.

RECONVENE/CALL TO ORDER - 7:00 P.M.

The Regular Meeting of the City Council will reconvene and the Regular Meeting of the Successor Agency will be called to order.

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

PRESENTATIONS/CEREMONIALS

1) Recognition of Jeanie Corral and Linda Compos for 50 Years of Service with the Lake Elsinore Woman's Club

Present Certificates of Recognition to Jeanie Corral and Linda Compos in honor of their 50 years of distinguished service with the Lake Elsinore Woman’s Club.

2) Riverside County Sheriff's Office 2024 Fourth Quarter Statistical Update

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE

(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)

City Council Agenda - Final January 14, 2025

City of Lake Elsinore Page 4

CITY COUNCIL CONSENT CALENDAR

3) Minutes of the Regular City Council Meeting of December 10, 2024

Approve the Minutes.

4) CC Investment Report for November 2024

Receive and file the Investment Report for November 2024.

5) City Council Meeting Dates for 2025

Review the 2025 meeting dates and approve rescheduling the Regular meeting of November 11, 2025 to November 18, 2025 and canceling the Regular meetings of November 25 and December 23, 2025.

6) Mayor’s Recommended Council Appointments

Appoint City Council Members to serve on the various Boards, Committees, Subcommittees, and Ad-Hoc Committees.

7) Second Reading and Adoption of an Ordinance for Annexation No. 22 Into Community Facilities District No. 2015-2 (Maintenance Services) for Blazed Utopia

Adopt by title only and waive further reading of An ORDINANCE AMENDING ORDINANCE NO. 2016-1359 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) AUTHORIZING THE LEVY OF SPECIAL TAXES

8) Public Works Agreement with Double Play Glass Company for Bid Set “D”, Exterior Window/storefront & Glazing, on the New City Hall (CIP No. Z20006)

1. Award a public works agreement to Double Play Glass Company for the Bid Set “D”, Exterior Window/Storefront & Glazing, on the new City Hall Project (CIP No.

Z20006); and

2. Approve and authorize the City Manager to execute the agreement for a not-to- exceed amount of one million one hundred thirty-one thousand dollars and no cents ($1,131,000.00) with Double Play Glass Company in the form attached, and in such final form as approved by the City Attorney; and

3. Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $113,100.00 for construction uncertainties and adjustments.

4. Authorize the City to file the notice of completion once the entire scope of work is complete and return withheld retention to the contractor.

City Council Agenda - Final January 14, 2025

City of Lake Elsinore Page 5

9) California Enterprise Development Authority (CEDA) and CleanFund Property Assessed Clean Energy Program (PACE) for Commercial Properties

1. Adopt a Resolution to become an Associate Member of the California Enterprise Development Authority (CEDA), and to authorize CEDA, through CleanFund (Commercial Program Administrator), to offer its Commercial Pace (C-PACE) program and levy assessments within the City of Lake Elsinore commercial properties; and

2. Approve and authorize the City Manager, or his designee, to execute the Associate Membership Agreement with CEDA in substantially the form attached and in such final form as approved by the City Attorney; and

3. Approve and authorize the City Manager, or his designee, to execute the Indemnification Agreement with CleanFund, the commercial program administrator through CEDA in substantially the form attached and in such final form as approved by the City Attorney.

10) Cooperative Agreement Between the State of California Department of Transportation and the City of Lake Elsinore for Interstate 15 State Route 74 (SR-74)/Central Ave. Interchange

Approve and authorize the City Manager to execute the Cooperative Agreement between the State of California Department of Transportation (Caltrans) and the City of Lake Elsinore for the I-15 SR-74 (Central Ave) Interchange Improvement Project, in final form as approved by the City Attorney.

11) Change Order No. 1 to Public Works’ Construction Agreement to Cotter Construction Inc. for Serenity Park Fencing Project.

Approve and authorize the City Manager to execute Change Order No. 1 for the not to exceed amount of $31,000.00 with Cotter Construction Inc., for Serenity Park

SUCCESSOR AGENCY CONSENT CALENDAR

12) Minutes of the Regular Successor Agency Meeting of December 10, 2024

Approve the Minutes.

13) SA Investment Report for November 2024

Receive and file the Investment Report for November 2024.

14) Third Amendment to Concession License Agreement and an Eleventh Amendment to Stadium Interim Management Agreement

1. Find that the Third Amendment to the Concession License Agreement and the Eleventh Amendment to the Stadium Interim Management Agreement are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the State CEQA Guidelines; and

City Council Agenda - Final January 14, 2025

City of Lake Elsinore Page 6

2. Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING

THIRD AMENDMENT TO CONCESSION LICENSE AGREEMENT AND THE

ELEVENTH AMENDMENT TO THE STADIUM INTERIM MANAGEMENT

AGREEMENT

15) Recognized Obligation Payment Schedule (ROPS 25-26) for July 1, 2025 through June 30, 2026

1. Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines; and

2. Adopt a RESOLUTION OF THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 25-26) AND ADMINISTRATIVE BUDGET FOR THE PERIOD JULY 1, 2025, THROUGH JUNE 30, 2026

PUBLIC HEARING(S)

16) Annual AB 1600 Development Impact Fee Compliance Report for Fiscal Year 2023-24

Receive and file the AB1600 Annual Report and adopt the findings therein.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES

CITY MANAGER COMMENTS

CITY ATTORNEY COMMENTS

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

ADJOURNMENT

The Lake Elsinore City Council will adjourn to the next Regular meeting of Tuesday, January 28, 2025 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

AFFIDAVIT OF POSTING

I, Luz Reyes, CMC, Deputy City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the forgoing agenda was posted at City Hall at 5:00 p.m. on Thursday, January 9, 2025.

________________________
Luz Reyes, CMC
Deputy City Clerk
City Council Agenda - Final January 14, 2025

City of Lake Elsinore Page 7

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:Barbara Leibold, City Attorney
Date:January 14, 2025
Subject: CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case

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:Barbara Leibold, City Attorney
Date:January 14, 2025
Subject: CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Lake Elsinore v. Tolmasoff, et al.; U.S. District Court, Case No. 5:24-cv-00472-SSS-SHK

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 14, 2025
Subject:Recognition of Jeanie Corral and Linda Compos for 50 Years of Service with the Lake Elsinore Woman's Club
Recommendation
Present Certificates of Recognition to Jeanie Corral and Linda Compos in honor of their 50 years of distinguished service with the Lake Elsinore Woman’s Club.

Background
The City of Lake Elsinore is honored to recognize two extraordinary women, Jeanie Corral and Linda Compos, for their exceptional dedication to the Lake Elsinore Woman’s Club over the past five decades.
•Jeanie Corral has been a devoted member of the Club for 50 years, serving as President from 1976 to 1978. Her leadership set a standard of excellence, and her selfless contributions in numerous chair positions have advanced the Club’s mission of service and advocacy. Jeanie’s tireless commitment has enriched the lives of countless individuals and has had a lasting impact on our community. •Linda Compos has also dedicated 50 years to the Lake Elsinore Woman’s Club, serving as President from 1999 to 2001. Her visionary leadership and numerous chair roles have significantly contributed to the welfare of the community, her federation, and the state.

Linda’s enduring passion for service and generosity have inspired those around her and upheld the values of the Club.

Both Jeanie and Linda have demonstrated unparalleled commitment to their community, dedicating countless volunteer hours to improving the lives of others and making Lake Elsinore a better place to live. Their contributions exemplify the core values of service, advocacy, and compassion.

Certificates of Recognition

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Fiscal Impact
None
Attachments
Attachment 1- Certificate of Recognition for Jeanie Corral Attachment 2 - Certificate of Recognition for Linda Compos City Clerk's Office
Presented To
Jeanie Corral
in honor of your 50 Years of Distinguished Service with the Lake Elsinore Woman's Club.

The City of Lake Elsinore recognizes and celebrates your extraordinary dedication to the Lake Elsinore Woman’s Club, where you have served as a cherished member for five decades. Your leadership as President from 1976 to 1978, your numerous chairmanships, and your selfless contributions of time, wisdom, and expertise have made a profound impact on our community and beyond.

Your tireless commitment and volunteer efforts have enriched countless lives, exemplifying the mission of service and advocacy with generosity and compassion.

The City of Lake Elsinore and the Lake Elsinore Woman’s Club are forever grateful for your unwavering dedication.

With deepest gratitude and admiration, we honor your legacy of service and your devotion to making a meaningful difference.

January 14, 2025
Brian Tisdale, Mayor

Presented To
Linda Compos
in honor of your 50 Years of Distinguished Service with the Lake Elsinore Woman's Club.

The City of Lake Elsinore proudly recognizes and celebrates your extraordinary dedication to the Lake Elsinore Woman’s Club, where you have been a valued member for five decades. Your leadership as President from 1999 to 2001 and your countless chairmanships have exemplified your commitment to serving your federation, your state, and our city.

Your unwavering passion for service, boundless generosity, and tireless efforts have left a profound impact on our community, inspiring those around you and upholding the mission of the Lake Elsinore Woman’s Club with compassion and dedication.

With deepest gratitude and admiration, we honor your remarkable contributions and your enduring devotion to making a meaningful difference in our city and beyond.

January 14, 2025
Brian Tisdale, Mayor

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Attachments
Attachment 1 - Draft Minutes
City Clerk's Office

City of Lake Elsinore
City Council Meeting
Minutes – Draft

Steve Manos, Mayor
Brian Tisdale, Mayor Pro Tem
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:

December 10, 2024

Closed Session: 5:30 PM
Public Session: 7:00 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

CALL TO ORDER

The Regular Meeting of the City Council was called to order at 5:30 p.m.

ROLL CALL

Present: 5 - Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos

Absent: 0 - None

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS

There were no speakers.

CLOSED SESSION – 5:30 P.M.

A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION

(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Pechanga Band of Indians, et al v. City of Lake Elsinore; Riverside Superior Court Case No. CVR12405402

B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case

RECONVENE/CALL TO ORDER

The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 2

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Tisdale led the Pledge of Allegiance.

ROLL CALL

Present: 5 - Council/Agency Members Sheridan, Johnson, and Magee; Mayor Pro Tem/Vice Chair Tisdale; and Mayor/Chair Manos

Absent: 0 - None

CLOSED SESSION REPORT

City Attorney Leibold reported that both item were discussed; however, no reportable action was taken.

ITEM REMOVED FROM THE CONSENT CALENDAR FOR CONSIDERATION

11) Declaring the Results of the General Municipal Election Held on November 5, 2024

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

CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

Pat Kilroy was called to speak.

A motion was made by Council Member Magee, seconded by Mayor Pro Tem Tisdale to adopt the Resolution. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

PORTION OF BUSINESS ITEM MOVED FORWARD

33) Annual Reorganization of the City Council to Install the Re -elected City Council Members and City Treasurer

Install the re-elected City Council Members and City Treasurer.

Riverside County Board of Supervisors Supervisor Jeffries administered the Oath of Office to Steve Manos, Natasha Johnson, and Bob Magee, and City Clerk Alvares administered the Oath of Office to Edwin Castro.

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 3

PRESENTATIONS/CEREMONIALS

1) Recognition of Jeanie Corral and Linda Compos for 50 Years of Service with the Lake Elsinore Woman's Club

Present Certificates of Recognition to Jeanie Corral and Linda Compos in honor of their 50 years of distinguished service with the Lake Elsinore Woman's Club.

This item was continued to January 14, 2025.

2) Businesses in Action Monthly Spotlight – December Feature: Pins and Pockets

Recognize Pins and Pockets as the Business in Action Monthly Spotlight for December, present them with a Certificate of Recognition, and celebrate their contributions to the community.

Mayor Manos presented the Certificate to Pins and Pockets.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE

There were no speakers.

CITY COUNCIL CONSENT CALENDAR

A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Tisdale to approve the City Council Consent Calendar with Item No. 11 having already been considered and approved and with Item Nos. 12 and 15 being removed for discussion.

The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

3) Minutes of the Regular City Council Meeting of November 12, 2024

Approve the Minutes.

This item was approved on the City Council Consent Calendar.

4) CC Warrant Report Dated October 21, 2024 to October 27, 2024

Receive and File.

This item was approved on the City Council Consent Calendar.

5) CC Warrant Report Dated October 28, 2024 to November 03, 2024

Receive and File.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 4

6) CC Warrant Report Dated November 04, 2024 to November 10, 2024

Receive and File.

This item was approved on the City Council Consent Calendar.

7) CC Warrant Report Dated November 11, 2024 to November 17, 2024

Receive and File.

This item was approved on the City Council Consent Calendar.

8) CC Warrant Report Dated November 18, 2024 to November 24, 2024

Receive and File.

This item was approved on the City Council Consent Calendar.

9) CC Warrant Report Dated November 25, 2024 to December 01, 2024

Receive and File.

This item was approved on the City Council Consent Calendar.

10) CC Investment Report for October 2024

Receive and file the Investment Report for October 2024.

This item was approved on the City Council Consent Calendar.

11) Declaring the Results of the General Municipal Election Held on November 5, 2024

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

CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

This item was removed from the City Council Consent Calendar and approved before presentations.

12) Appointments to the Measure Z Citizens Committee and Planning Commission

Reappoint Israel Ceballos (District 1) and appoint Michele Munoz (District 3) to serve on the Lake Elsinore Measure Z Citizens Committee for terms expiring December 31, 2026; reappoint John C. Gray (District 3) to serve on the Lake Elsinore Planning Commission for a term expiring December 31, 2026; and reappoint Myles Ross (District 5) and Michael Carroll (District 4) and appoint Jason Devor (District 2) to serve on the Lake Elsinore Planning Commission for terms expiring December 31, 2028.

This item was removed from the City Council Consent Calendar for discussion.

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 5

13) Public Works Construction Agreement for Endresen Development Inc. Bid Set ‘E’ and ‘F’ Cement Plaster and Exterior Brick Walls on the New City Hall Project (CIP Project #Z20006)

Approve and authorize the City Manager to execute a Public Works Construction Agreement with Endresen Development Inc. in an amount not to exceed $960,000.00 for Bid set ‘E’ and ‘F’ Cement Plaster and Exterior Brick Walls on the new City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

14) Amendment No. 1 to the Professional Services Agreement with Inland Foundation Engineering, Inc. for Geotechnical Services on the City Hall Project #Z20006

Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Inland Foundation Engineering, Inc. in an amount not to exceed $75,000.00 for geotechnical services related to the City Hall project in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

15) Purchase of Mobile Nanobubble System

Approve and authorize the City Manager to execute a purchase order with Moleaer, Inc., in an amount not to exceed $262,685 plus applicable sales tax for the purchase of a mobile nanobubble system in such final form as approved by the City Attorney, and waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase since it is a non-replicable, custom water treatment system.

This item was removed from the City Council Consent Calendar for discussion.

16) Notice of Decision – Planning Commission Approval of Planning Application No. 2023-19 for a Construction Contractor Business (Fleming and Son's Concrete Pumping) with a 7,500 sq. ft. Building and Outdoor Storage on a 1.65- acre Site located at the Southwest Corner of the West Minthorn Street and North Riley Street Intersection

Receive and File the Notice of Decision for Planning Application No. 2023- 19 approved by the Planning Commission on November 19, 2024.

This item was approved on the City Council Consent Calendar.

17) Parcel Map 38281, Evergreen Commercial Development

Approve Parcel Map 38281 subject to the City Engineer’s acceptance as being true and correct and authorize the City Clerk to sign the parcel map and arrange for recordation.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 6

18) Streambed Alteration Agreement for Murrieta Creek Multi-use Trail Project

Approve and authorize the City Manager to execute a Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW) for the Murrieta Creek Multi-Use Trail project in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

19) Notice of Completion for Installation of Lake Levee Solar Lights

Accept the improvements and authorize the City Clerk to record the Notice of Completion for the Lake Levee Solar Lights installation completed by Lancet Contracting, Inc.

This item was approved on the City Council Consent Calendar.

20) Amendment No. 1 to the Agreement with David Evans and Associates, Inc. (DEA) for Main Street Conceptual Design Master Plan

Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with David Evans and Associates, Inc. in an amount not to exceed $319,100.00 for the preparation of construction documents for the Main Street Improvements project 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 $31,910.00 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

21) Resolution Requesting a Grant from the California State Parks Department of Boating and Waterways to Install Three Floating Restrooms

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

CALIFORNIA, IN SUPPORT OF A GRANT FROM THE CALIFORNIA STATE PARKS

DEPARTMENT OF BOATING AND WATERWAYS FOR THE INSTALLATION OF THREE FLOATING RESTROOMS BY THE CITY AT LAKE ELSINORE.

This item was approved on the City Council Consent Calendar.

ITEMS REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION

12) Appointments to the Measure Z Citizens Committee and Planning Commission

Jack Ferguson was called to speak.

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 7

A motion was made by Mayor Pro Tem Tisdale, seconded by Mayor Manos to approve staff's recommendation. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

15) Purchase of Mobile Nanobubble System

Community Support Manager Gufarotti introduced Nick Dyner, Moleaer, Inc., who presented the staff report.

A motion was made by Mayor Pro Tem Tisdale, seconded by Council Member Sheridan to approve staff's recommendation. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

SUCCESSOR AGENCY CONSENT CALENDAR

A motion was made by Mayor Pro Tem Tisdale, seconded by Council Member Johnson to approve the Successor Agency Consent Calendar. The motion Carried by the following vote:

Aye: 5 Agency Members Sheridan, Johnson, and Magee; Vice Chair Tisdale; and Chair Manos
Nay: 0 None

22) Minutes of the Regular Successor Agency Meeting of November 12, 2024

Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar.

23) SA Warrant Report Dated October 21, 2024 to October 27, 2024

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

24) SA Warrant Report Dated October 28, 2024 to November 03, 2024

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 8

25) SA Warrant Report Dated November 04, 2024 to November 10, 2024

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

26) SA Warrant Report Dated November 11, 2024 to November 17, 2024

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

27) SA Warrant Report Dated November 18, 2024 to November 24, 2024

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

28) SA Warrant Report Dated November 25, 2024 to December 01, 2024

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

29) SA Investment Report for October 2024.

Receive and file the Investment Report for October 2024.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC HEARINGS

30) Annual AB 1600 Development Impact Fee Compliance Report for Fiscal Year 2023-24

Open the Public Hearing, invite public comment, and continue to January 14, 2025.

The Public Hearing was opened at 7:48 p.m.

There were no speakers.

A motion was made by Council Member Magee, seconded by Council Member Johnson to continue the item to January 14, 2025. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 9

31) Public Hearing and Election for Annexation Proceedings for Annexation No. 22 into Community Facilities District No. 2015- 2 (Maintenance Services) for Blazed Utopia

1. Adopt 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. 22);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, DECLARING ELECTION RESULTS FOR
COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) (ANNEXATION NO. 22); and

3. Introduce by title only and waive further reading of AN ORDINANCE AMENDING ORDINANCE NO. 2016 -1359 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) AUTHORIZING THE LEVY OF SPECIAL TAXES.

The Public Hearing was opened at 7:49 p.m.

Pat Kilroy was called to speak.

The Public Hearing was inadvertently closed at 7:52 p.m. and was immediately re - opened.

After confirmation that the City Clerk received zero written protests, the Public Hearing was closed at 7:52 p.m.

A motion was made by Council Member Johnson, seconded by Council Member Sheridan to adopt the Resolution named in Recommendation No. 1. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

A motion was made by Mayor Pro Tem Tisdale, seconded by Council Member Johnson to adopt the Resolution named in Recommendation No. 2. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 10

A motion was made by Mayor Pro Tem Tisdale, seconded by Council Member Magee to adopt by title only and waive further reading of the Ordinance named in Recommendation No. 3. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

32) Extension of Time Request for Tentative Tract Map No. 37578, Conditional Use Permit No. 2019 -03, Commercial Design Review No. 2019 -05, and Uniform Sign Program No. 2019- 01 (Bamiyan Marketplace) located at the northwest corner of Grand Avenue and State Route 74

1. Find that pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, the extension of time request would not have a significant effect on the environment, and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in a previous adopted Mitigated Negative Declaration (MND) (ER 2019- 04) (SCH No. 2021120417);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING A SIX- YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 37578 TO AUGUST 9, 2030;

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING A TWO -YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2019-03 TO AUGUST 9, 2026;

4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING A TWO -YEAR EXTENSION OF TIME FOR COMMERCIAL DESIGN REVIEW NO. 2019-05 TO AUGUST 9, 2026; and

5. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING A TWO -YEAR EXTENSION OF TIME FOR UNIFORM SIGN PROGRAM NO. 2019-01 TO AUGUST 9, 2026.

The Public Hearing was opened at 7:56 p.m.

Principal Planner Huynh presented the staff report.

Pat Kilroy was called to speak.

Mary Jo Ramirez was called to speak.

The Public Hearing was closed at 8:10 p.m.

A motion was made by Council Member Johnson, seconded by Council Member Magee to approve all five of staff’s recommendations. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 11

BUSINESS ITEM

33) Annual Reorganization of the City Council to Install the Re-elected City Council Members and City Treasurer and Select the Mayor/Chair and Mayor Pro Tem/Vice-Chair for 2025

Install the re- elected City Council Members and City Treasurer and select a Mayor/Chair and Mayor Pro Tem/Vice-Chair per City Council Policy No. 200-4.

Since the installation occurred earlier in the meeting, only the portion to select the Mayor/Chair and Mayor Pro Tem/Vice Chair for 2025 was considered at this time.

Mayor Manos yielded the Chair to City Clerk Alvarez, who called for nominations to the seat of Mayor.

Council Member Johnson nominated Brian Tisdale.

Brian Tisdale was unanimously appointed as Mayor.

Mayor Tisdale called for nominations to the seat of Mayor Pro Tem.

Council Member Sheridan nominated Bob Magee.

Bob Magee was unanimously appointed as Mayor Pro Tem.

Mayor Tisdale presented a gavel plaque to Council Member Manos in recognition of his service as Mayor in 2024.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES

Bonnie Kilroy was called to speak.

Pat Kilroy was called to speak.

CITY ATTORNEY COMMENTS

City Attorney Leibold addressed comments made by speaker Pat Kilroy.

CITY MANAGER'S COMMENTS

City Manager Simpson introduced Economic and Legislative Affairs Director Gonzalez, who presented an update on the City’s economic development efforts.

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

Council Member Sheridan congratulated the Commission appointees and the re-elected Council Members and City Treasurer; congratulated staff on a successful Winterfest event; addressed Pat Kilroy’s comments; reported on his attendance at the Riverside Transit Agency meeting on November 21, 2024; requested donations for and announced the DOCH Foundation Christmas toy drive distribution on December 21, 2024 from 10:00 a.m. – 4:00 p.m. at Diamond Stadium; and shared the routes for the Dudes of Canyon Hills Christmas parades.

City Council Minutes - Draft December 10, 2024

City of Lake Elsinore Page 12

Council Member Manos congratulated the re -elected Council Members and City Treasurer; addressed Pat Kilroy’s comments; reported on his attendance at the Southern California Association of Governments Regional Council and Transportation Committee meetings on December 5, 2024; and invited the community to participate in the Santa Dash 5K on Saturday, December 21, 2024 at 7:00 a.m. at the Lake Elsinore Levee.

Council Member Johnson reported on her attendance at the Western Riverside County Regional Conservation Authority meeting on December 2, 2024; highlighted and urged residents to utilize the Alert LE application to report issues; provided updates from the Homeless Task Force; congratulated the Students of the Month; thanked Supervisor Jeffries for administering the oath of office to her and her colleagues; congratulated the appointed Measure Z Citizens Committee members and Planning Commissioners; and recognized staff for coordinating a successful Winterfest event.

Mayor Pro Tem Magee thanked staff for coordinating a successful Winterfest event; recognized Myles Ross on his appointment to the Planning Commission; addressed Pat Kilroy’s comments; shared that he will attend the Riverside County Transportation Commission Executive Committee meeting on December 11, 2024; shared statistics from the Animal Friends of the Valleys; shared tips to keep pets safe during the holiday season; and invited the community to attend the SCCA San Diego Chapter autocross on December 14, 2024 at Diamond Stadium.

City Manager Simpson shared photos and spoke on the success of the Winterfest event which was held on Saturday, December 7, 2024.

Mayor Tisdale addressed Pat Kilroy’s comments; spoke on the 2024 election; reported on his attendance at the Western Riverside Council of Governments Executive Committee meeting on December 2, 2024 and Northwest Mosquito and Vector Control District Board meeting on November 21, 2024; shared updates on the spending of Measure Z funding; and announced his theme for 2025 and encouraged residents to Dream Bold.

ADJOURNMENT

The Lake Elsinore City Council adjourned at 9:28 p.m. to the next Regular meeting of Tuesday, January 14, 2025 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

Page 1 of 1 ends

Discussion
The Investment Report lists all funds invested for the City as the date shown on the report.

Fiscal Impact
No fiscal impact.

Attachments
Attachment 1 - Investment Report for November 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:Candice Alvarez, MMC, City Clerk
Date:January 14, 2025
Subject:City Council Meeting Dates for 2025
Recommendation
Review the 2025 meeting dates and approve rescheduling the Regular meeting of November 11, 2025 to November 18, 2025 and canceling the Regular meetings of November 25 and December 23, 2025.

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 meeting on November 11 is on Veterans Day, the meeting on November 25 is near the Thanksgiving holiday, and the meeting on December 23 is near the Christmas Holiday. Due to the potential for a lack of quorum because of the holidays, it is recommended that the November 11, 2025 meeting be rescheduled to November 18, 2025 and that the November 25 and December 23 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.
2025 Meeting Schedule

Page 2 of 2 ends

Attachments
Attachment 1 – 2025 Meetings and Holidays
City Clerk's Office
3 6
7 6
2 City Council and Successor Agency Meetings of 2025
The following dates are proposed City Council and Successor Agency Regular Meeting Dates |January 14 and 28 | February 11 and 25 | March 11 and 25 | April 8 and 22 | May 13 and 27 | June 10 and 24 | July 8 and 22 | August 12 and 26 | |September 9 and 23 | October 14 and 28 | November 25 | December 9 | The following meetings are to be canceled
| November 11 | December 23 |
2025 Federal Holidays
New Year’s Day - January 1
Martin Luther King, Jr.’s Birthday - January 20
President’s Day/Washington’s Birthday - February 17
Memorial Day - May 26
Juneteenth – June 19
Independence Day - July 4
Labor Day - September 1
Indigenous People’s Day – October 13
Veterans Day - November 11
Thanksgiving Day - November 27
Christmas Day - December 25

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 14, 2025
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 appoints 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) City Clerk's Office
DRAFT MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/14/2025 Page 1 of 6

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) 467-8736
Timothy J.

Sheridan
Steve Manos No
Executive Committee
Meetings held the Fourth
Wednesday of each month
at 5:30 p.m. (not required
to attend)
Required Annual Board
of Directors meeting –
July 24th 7 p.m. LaPalma
Campus
City Selection Committee
of Riverside County
Breanna Smith
Board of Supervisors RC
1st Flr. County Admin Center
Riverside, CA 92502
(951) 955-9688
Steve Manos Brian Tisdale Mayor is the delegate
Meetings January and May
at the same time and place
of the RC Div. of LOCC
Lake Elsinore/San Jacinto
Watershed Authority
Attn: Zyanya Ramirez, Clerk of
the Board
11615 Sterling Avenue
Riverside, CA 92503
951-354-4244
951-354-4220 Main Line
Robert Magee Steve Manos Yes Meetings held on a bi-
monthly 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.

Northwest Mosquito and
Vector Control District
Attn: Mark Breidenbaugh/Dictrict
Manager
1966 Compton Avenue
Corona, CA 92881
951-340-9792
Brian Tisdale Timothy J.

Sheridan
No Third Thursday every
Month starting in January
at 3:00 p.m. at Northwest
Mosquito and Vector
Control District.

Riverside County Habitat
Conservation Agency
Attn: Janis Leonard
3390 University Avenue, Suite
200
Riverside, CA 92501
951-405-6702
Steve Manos Timothy J.

Sheridan
Yes
Quarterly Meetings 2nd
Thursday starting in
February 2024 at 11:30
a.m. in WRCOG office.

July meeting usually
cancelled.

DRAFT MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/14/2025 Page 2 of 6

ORGANIZATION ADDRESS AND CONTACT
INFO

APPOINTED

DELEGATE

APPOINTED

ALTERNATE
File
700s

MEETING SCHEDULE
Riverside Transit Agency Attn: Samantha Samaniego
1825 3rd Street
Riverside, CA 92507
951-565-5086
[email protected]
Timothy J.

Sheridan
Robert Magee Yes
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.

Riverside County
Transportation Commission
(RCTC)
Attn: Lisa Mobley, MMC
County Regional Complex
P. O. Box 12008
Riverside, CA 92502
951-787-7960
Robert Magee Natasha Johnson Yes
Second Wednesday of the
Month at 9:30 a.m. at 4080
Lemon Street (main Board
Room, 1st Floor), Riverside
Southern California
Association of Governments
SCAG
Attn: Maggie Aguilar, Clerk of the
Board
900 Wilshire Blvd, Ste. 1700
Los Angeles, CA 90017
[email protected]
(213) 630-1420
Backup Contacts:

Cecilia Pulido Deputy Clerk of the
Board - [email protected]
Jonna Hart, Senior Admin Assistant
– [email protected]
Steve Manos N/A Yes 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.

Western Riverside Council
of Governments (WRCOG)
Attn: Janis Leonard
3390 University Avenue, Suite
200
Riverside, CA 92501
951-405-6702
Brian Tisdale Robert Magee Yes
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
location – agenda will be
distributed approx. one
week prior.

EXCEPT:

July
Western Riverside County
Regional Conservation
Attn: Lisa Mobley, MMC
County Regional Complex
P. O. Box 12008
Natasha
Johnson
Robert Magee Yes
1st Monday of the month
12:30 p.m. Held at 4080
DRAFT MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/14/2025 Page 3 of 6
Authority Board of
Directors
(RCA)
Riverside, CA 92502 Lemon Street, (First Floor
– Board Room), Riverside
Local Committees

JPA/SCFA/JPA
Animal Shelter
Attn: Scott Bruckner
4080 Lemon Street, 4th Floor
Riverside, CA 92501
951-955-9760
[email protected]
Natasha
Johnson
OPEN
Robert Magee
No Twice a year May and
October
Crime Free Multi-Family
Housing Project
Attn: Captain James Rayls
333 Limited Avenue
Lake Elsinore, CA 92530
951-245-3385
Timothy J.

Sheridan
Natasha Johnson No As Needed
EVMWD/City Group Mtg. Attn: Kristie Gonzalez
31315 Chaney Street
Lake Elsinore, CA 92530
Contact: 951-674-3146 X-8220
Natasha
Johnson
Timothy J.

Sheridan
N/A No Quarterly at 4:30 p.m.

Location alternates every
other meeting (City Hall
and EVMWD)
DRAFT MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/14/2025 Page 4 of 6

ORGANIZATION ADDRESS AND

CONTACT INFO

APPOINTED

DELEGATE

APPOINTED

ALTERNATE
File 700s MEETING SCHEDULE
Friends of the Lake
Elsinore Library
Attn: Jim Savage
600 W. Graham
Lake Elsinore, CA 92530
951-674-4517
Timothy J.

Sheridan
Brian Tisdale
No As Needed
Historical Society Attn: Kim McElroy
P.O. Box 84
Lake Elsinore, CA 92531
(951) 579-4852
Robert Magee Natasha Johnson No First Tuesday of every Month at 1:00 p.m.
183 N. Main Street
Lake Elsinore, CA 92530
LEUSD/City Group
Mtg.

Attn: Lori Schmidt,
Secretary to Assistant
Superintendent of Facilities
545 Chaney Street
Lake Elsinore, CA 92530
Contact: 951-253-7015
Timothy J.

Sheridan
Natasha
Johnson
N/A No Bi-Monthly at 4:30 p.m.

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

Sheridan
No As Needed Regionally
Southwest Riverside
County Energy
Authority
City Manager’s Office Steve Manos
Natasha
Johnson
N/A No Annual Meeting
City Committees
Arts & Culture
Subcommittee
Community Services
Department
Steve Manos
Natasha
Johnson
N/A No As Needed
Beautification
Committee
City Manager’s Office Brian Tisdale
Timothy J.

Sheridan
N/A No As Needed
Budget Subcommittee City Manager’s Office Brian Tisdale Natasha
Johnson
Allen Baldwin
Edwin Castro
N/A No
As Needed
DRAFT MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/14/2025 Page 5 of 6

ORGANIZATION ADDRESS AND

CONTACT INFO

APPOINTED

DELEGATE

APPOINTED

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

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

Sheridan
Steve Manos
N/A No
As Needed
Public Facilities
Committee
City Manager’s Office /
Community Services
Department
Robert Magee
Brian Tisdale N/A No
As Needed
Special Events
Committee
Community Services
Department
Natasha
Johnson
Robert Magee
N/A No As Needed
Lake Improvement
Projects Committee
City Manager’s Office /
Community Services
Department
Robert Magee
Steve Manos
N/A No As Needed
Mining and Grading
Oversight Committee
Engineering Department Robert Magee
Brian Tisdale
N/A No As Needed
Energy and
Technology
Committee
City Manager’s Office Robert Magee
Natasha
Johnson
N/A No As Needed
City/County
Committee
City Manager’s Office Robert Magee
Brian Tisdale
N/A No As Needed
DRAFT MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/14/2025 Page 6 of 6

ORGANIZATION ADDRESS AND

CONTACT INFO

APPOINTED

DELEGATE

APPOINTED

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

Sheridan
Natasha
Johnson
N/A No As Needed
Homeless Taskforce City Manager’s Office Brian Tisdale
Natasha
Johnson
N/A No As Needed
Public Safety City Manager’s Office Natasha
Johnson
Brian Tisdale
N/A No As Needed
Cannabis Ad Hoc
Committee
Community Development
Department
Brian Tisdale
Robert Magee
N/A No As Needed
Eastside Circulation
Subcommittee
Engineering Department /
City Manager’s Office
Timothy J.

Sheridan
Robert Magee
N/A No As Needed
Lake Elsinore Motion
Picture Commission
Subcommittee
City Manager’s Office Timothy J.

Sheridan
N/A No As Needed

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:Shannon Buckley, Assistant City Manager
Date:January 14, 2025
Subject: Second Reading and Adoption of an Ordinance for Annexation No. 22 Into Community Facilities District No. 2015-2 (Maintenance Services) for Blazed Utopia
Recommendation
Adopt by title only and waive further reading of An ORDINANCE AMENDING ORDINANCE NO. 2016-1359 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) AUTHORIZING THE

LEVY OF SPECIAL TAXES
Background
At the December 10, 2024, Council meeting, this ordinance was introduced for first reading. This is the required second reading and adoption. The Ordinance will become effective 30 days from the date of adoption.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item.

Attachments
Attachment 1- Location Map
Attachment 2 - Ordinance
POE
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§¨¦15
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LAKESHOREDR
3RD
ST

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MAIN
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PASADENA ST

SKYLINEDR

LAKESHORE DR

SYLVESTER ST

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·|}þ74
CFD NO. 2015-2
ANNEXATION NO. 22

PROJECT MAP

ORDINANCE NO. 2025-___
AN ORDINANCE AMENDING ORDINANCE NO. 2016-1359 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)

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 22, 2024, the City Council adopted Resolution No. 2024-54 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. 22) 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 10, 2024; 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 10, 2024, 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. 2024-60 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. 22)” (the “Resolution Calling the Election”) on December 10, 2024 wherein the Ord. No. 2025-____

Page 2 of 24 ends

3 8
2 8
2 City Council submitted the question of levying a special tax in territory proposed to be annexed to 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 10, 2024, 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. 2024-61 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. 22)” 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. 22”).

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 Ord. No. 2025-____

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2 records of the County of Riverside. Following a public hearing and the adoption of resolutions 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 AND ADOPTED by the City Council of the City of Lake Elsinore at a regular meeting held on 14th day of January 2025 by the following vote:

Brian Tisdale
Mayor
Attest:

Candice Alvarez, MMC
City Clerk
Ord. No. 2025-____

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2 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. 2025-____ was introduced at the regular City Council meeting of December 10, 2024, and adopted at the regular meeting of January 14, 2025, by the following roll call 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 1 st 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 Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2015-2 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“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 2024-25. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2015-2.

TAX ZONE 25
TPM 37710
Item Description Estimated Cost
1 Landscaping $3,342
2 Streets $2,599
3 Reserves $428
4 Admin $1,150
Total $7,519
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 2024-25. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2015-2 Tax Zone 25.

TAX ZONE 25 (CONTINGENT SERVICES)
TPM 37710
Item Description Estimated Cost
1 Drainage $695
2 Reserves $70
3 Admin $254
Total $1,019
TAX ZONE 25
FY 2024-25 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 $5,569 $755
TAX ZONE 25
FY 2024-25 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $5,569 $755

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
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 $288 / Acre Lake Street Properties, LP 22 25 TPM 37710 2024-25 $5,569/Acre $755/Acre RA & B Development

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 2024-25
(Effective as of January 14, 2025)

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
21 24 Lake Street Properties, LP 390-130-050
22 25 RA & B Development, LLC 377-220-037
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 389822023 389822024 389822025 389822026 389822027 389822028 389822029 389822030 389822031 Assessor's Parcel Numbers
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 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 14, 2025
Subject: Public Works Agreement with Double Play Glass Company for Bid Set “D”, Exterior Window/storefront & Glazing, on the New City Hall (CIP No.

Z20006)
Recommendation

1. Award a public works agreement to Double Play Glass Company for the Bid Set “D”, Exterior Window/Storefront & Glazing, on the new City Hall Project (CIP No. Z20006); and

2. Approve and authorize the City Manager to execute the agreement for a not-to-exceed amount of one million one hundred thirty-one thousand dollars and no cents ($1,131,000.00) with Double Play Glass Company in the form attached, and in such final form as approved by the City Attorney; and

3. Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $113,100.00 for construction uncertainties and adjustments.

4. Authorize the City to file the notice of completion once the entire scope of work is complete and return withheld retention to the contractor.

Background
Construction bid documents were prepared and the project was advertised for bid in accordance with the requirements set forth in the California Public Contract Code. On October 22, 2024, the city posted on PlanetBids the notice inviting bids for the City Hall project exterior window/storefront & glazing (CIP No. Z20006). On Wednesday, November 27, 2024, a site visit, and job walk were conducted at the project site. Following the job walk all responses to the notice inviting bids questions were posted in PlanetBids. Five bids were received on or before the deadline of 2:00 Double Play Glass Agreement

Page 2 of 3 ends

p.m. on Wednesday, November 27, 2024. The bids were reviewed in PlanetBids, examined, and declared by the city. The bid results were posted in PlanetBids shortly after staff’s review. Following the examination of the bids the low bidder, Double Play Glass Company, was reviewed and interviewed by staff and determined complete.

Discussion
The companies listed below submitted a bid response. Staff has verified the references and work product of the low bidder, and the contractor was briefed on the enter scope of work and performed a thorough site visit to better assess the work requirements. Listed below are the submitted proposals for the City Bid Set “D”, Exterior Window/Storefront & Glazing, on the new City Hall Project (CIP No. Z20006):

Company Address Amount
Double Play Glass Co.
240 Pauma Place Escondido,
California 92029 $1,131,000.00
SAS Construction
505 N Tustin Ave., Ste. 128
Santa Ana, California 92705 $1,241,800.00
Andys Glass
25751 Jefferson Ave.

Murrieta, California 92562 $1,590,796.00
McKernan Inc.
605 E Stuart Ave
Redlands, California 92374 $1,800,000.00
Best Contracting Services, Inc. 19027 S Hamilton Ave
Gardena, California 90248 $2,100,000.00
The exterior window/storefront & glazing work will begin immediately following the execution of the public works construction agreement and completion of the metal stud framing. In this construction agreement, the key elements will include the following items:
o Mobilization & Demobilization Including Construction Schedules o (Not to Exceed 3% of Total Bid)
o Labor Material and Performance Bonds
o All Exterior Window Storefront & Glazing (Material) o All Exterior Window Storefront & Glazing (Labor) During the construction of the exterior window/storefront & glazing work construction will be completed simultaneously with several other construction trades. The time frame for the exterior window/storefront & glazing work is 65 working days.

Fiscal Impact
Double Play Glass Agreement

Page 3 of 3 ends

Funding costs are included in the Fiscal Year 24/25 – 28/29 Capital Improvement Plan (CIP) budget, CIP No. Z20006.

Attachments
Attachment 1- Agreement
Attachment 2 - Double Play Glass Company Bidder’s Proposal Date 11/27/2024 1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Double Play Glass Company
For the
City Hall
Bid Set ‘D’ Exterior
Window/Storefront &
Glazing
CIP PROJECT NO. Z20006
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of January 14, 2025 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Double Play Glass Company (“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:

City Hall Exterior Window/Storefront & Glazing Bid Set ‘D’(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:

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

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being one million one hundred thirty one thousand dollars and no cents ($1,131,000.00).
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 65 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 $1,000 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: Double Play Glass Company
Attn: Evan Afenir
240 Pauma Place
Escondido CA 92029

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”
Double Play Glass Company
City Manager
ATTEST:

By: Evan Afenir
Its: President
City Clerk
APPROVED AS TO FORM:

By:Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Gina Gonzalez, Director of Economic Development and Legislative Affairs Date:January 14, 2025
Subject: California Enterprise Development Authority (CEDA) and CleanFund Property Assessed Clean Energy Program (PACE) for Commercial Properties
Recommendation

Background
Under Assembly Bill (AB) 811, California property owners in special assessment districts may enter voluntary contractual assessments to finance a range of authorized energy and water efficiency products and improvements. The primary goals of the bill are environmental – to lower greenhouse gas levels and to reduce energy and water consumption. Additionally, this mechanism, called Property Assessed Clean Energy (PACE) financing, is viewed by cities and counties as a stimulus program that spurs economic growth and creates new local jobs.

In accordance with Senate Bill (SB) 100, the 100 Percent Clean Energy Act of 2018, requires that California power be carbon neutral (i.e. Zero Net Energy) by 2045, and PACE assists commercial (C-PACE PROGRAM)

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property owners with these requirements. AB 802, passed October 2015, authorized the California Utilities Commission to collect energy usage data on 50,000+ square foot commercial and multifamily properties, providing a public comparative dashboard of buildings’ energy efficiency relative to their peers. The premise is that more energy efficient buildings will have lower operating expenses and be more attractive to businesses looking to occupy commercial space within a specified jurisdiction. PACE financing can be the capital source for building owners to improve their properties to peak efficiency levels.

Discussion
The City of Lake Elsinore is a member of the Western Riverside Council of Government (WRCOG) Joint Powers Authority (JPA). The City is currently a part of the WRCOG’s Residential PACE program (R[1]PACE) and the WRCOG Commercial PACE program, but not part of CEDA’s.

WRCOG currently provides its Commercial PACE Program to certain jurisdictions, the majority of which are from outside of the WRCOG Subregion as shown in the attached WRCOG Commercial Jurisdictions attachment.

Commercial Pace (C-PACE) Program Benefits
C-PACE programs offer benefits to commercial property owners such as:
•Funding for up to 20% of the construction costs;
•Financing tied to the property;
•Applicable measures are eligible for up to 30-year financing terms at a fixed interest rate; •Refinancing look back option;
•ACE can be used to refinance previously installed eligible products, going back three years;
•On average, lower interest rate than other mezzanine financing; •No upfront costs;
•Frees up equity for working capital reinvestment.

Property owners completing PACE-qualifying projects benefit from higher real estate values, potentially large tax incentives from credits and accelerated depreciation, state cash rebates, diminished monthly energy costs, and hedging against escalating energy prices. PACE imposes no encumbrance on personal or business credit since financing is based on assessed property values. And PACE assessments freely transfer to subsequent property owners.

C-PACE Eligible Projects:
•Clean energy, through the installation of solar PV panels and other non-fossil-fuel consuming mechanisms;
•Building energy efficiency;
•Water conservation and efficiency;
•Seismic strengthening; Electric Vehicle (EV) charging infrastructure; •Wildfire suppression and safety improvements.

The California Association for Local Economic Development (CALED) established CEDA- JPA.

Over 250 municipalities and counties throughout California have already joined the CEDA, (C-PACE PROGRAM)

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including five Riverside County cities: City of Beaumont, City of Indian Wells, City of Moreno Valley, City of Menifee, and the City of Riverside. CEDA offers a complete turn-key PACE solution without cost to the city and indemnifies the City for its participation in the program. Cities and counties can enter multiple JPA’s to provide multiple options for customers who are interested in the benefits of the PACE program- giving them opportunities for the best cost and rates possible.

The program enables property owners to amortize payments for eligible improvements for up to 30 years for Commercial PACE, providing long term, low interest rate funds with no money down, repaid as a line-item on property owners’ annual tax bill. Property owners in over 250 California jurisdictions can reduce their carbon footprints by investing in clean energy improvements with PACE funding.

CleanFund, the program administrator brought on by CEDA, is one of the largest and leading long-term financing for energy efficiency, water conservation, renewable energy and seismic improvements for commercial, multifamily, and other nonresidential properties in the United States. clean energy finance companies operating in the United States. www.cleanfund.com Once a city becomes an Associate Member of CEDA (via resolution- no monetary commitment), the City of Lake Elsinore would have access to public financing programs for projects for both city projects and for private development projects, thereby having access to their C-PACE Program, giving commercial property owners the ability to also join CEDA’s PACE program and secure funding for projects through the program. This would give commercial property owners an additional option to utilize (either WRCOG’s C-PACE program for PACE eligible measures or CEDA’s), providing a competitive opportunity to commercial property owners in Lake Elsinore to get the best rates and terms possible for projects. There is no cost or project requirement to join the CEDA JPA as an Associate Member, or cost to join their PACE program.

California Enterprise Development Authorities (CEDA’s) C-PACE (Commercial) Program Background:

The CleanFund C-PACE program creates a streamlined and cost-free pathway for cities and counties to authorize a financing program for energy and water efficiency products benefiting property owners within their jurisdiction. Local municipalities that are not currently within CleanFund PACE service area can join by adopting two resolutions: one authorizing the jurisdiction to join CEDA, and the second confirming the jurisdiction’s intent to join CleanFund’s C- PACE program as well as allowing CEDA to conduct assessment proceedings.

The CleanFund C-PACE program covers only commercial properties and multifamily properties containing five or more units. The program does not cover single-family residences or residences with up to four dwelling units, as the program does not offer (“R-PACE”), or residential PACE.

While C-PACE and R-PACE share the same collection mechanism, land-based assessment financing collected by a County Treasurer or Tax Collector, there are critical differences between them: C-PACE requires any existing lienholders to consent to the PACE assessment before financing can close; R-PACE does not require notification or consent, leaving lenders with an unknown exposure. Residential realtors contended that previously undisclosed PACE assessments on homes impeded their scalability, chilling the market. Prior to 2017, consumer protections for homeowners using R-PACE were virtually non-existent. A Wall Street Journal (C-PACE PROGRAM)

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investigation of R-PACE financing companies found significant gaps in compliance and monitoring that were subsequently remedied by legislation.

By contrast, legislators acknowledged that commercial property owners are more savvy and sophisticated, with the knowledge and protections in place to preclude their being exploited by contractors and financiers. CleanFund solely offers PACE on commercial properties and is a California licensed lender. By encouraging City real estate and business owners to use energy and water more efficiently, and by developing and supporting renewable energy to power properties, the CEDA program also supports the City’s climate action plan goals it might articulate and helps our residents secure a more sustainable future. However, the biggest benefit is for commercial developers to be able to reduce their cash assets requirement for construction loans, and also replace a portion of their construction loan with PACE, thereby reducing overall weighted costs- allowing projects to move forward in a difficult and costly market.

In conclusion, staff recommends that the Lake Elsinore City Council consider becoming an Associate JPA member of CEDA, and adopt the C-PACE Financing Program with CleanFund, in addition to WRCOGs program. This would allow for commercial property owners in the City of Lake Elsinore to have another option, and to voluntarily place assessment liens on their own property for the purpose of installing energy efficiency and conservation, water efficiency and conservation, renewable energy generation upgrades, seismic retrofits, and wildfire suppression in areas of the City that are deemed a Very High Fire Hazard, to provide another available C- PACE program for commercial property owners in the City of Lake Elsinore to consider and as a way to reduce overall costs, and develop efficiencies and innovation in commercial centers.

Fiscal Impact
There is no fiscal impact associated with the recommended actions; participation in the CEDA program would create a voluntary mechanism for Lake Elsinore commercial entities to add energy efficient improvements to their sites or projects thereby reducing overall costs of construction, and provide efficiencies, sustainability and innovation to commercial plaza and centers within the city.

Attachments
Attachment 1 – Resolution CEDA PACE 2024
Attachment 2 – Associate Membership Agreement
Attachment 3 – Indemnification Agreement
Attachment 4 – WRCOG Commercial Jurisdictions
Attachment 5 – C-PACE WRCOG Benefits flyer
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING ASSOCIATE MEMBERSHIP BY THE CITY IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY;

AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE

MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY; AUTHORIZING THE CITY TO JOIN THE CEDA PACE PROGRAM; AUTHORIZING THE CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL ASSESSMENT

PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF CITY OF LAKE ELSINORE, CALIFORNIA; AND

AUTHORIZING RELATED ACTIONS
Whereas, the City of Lake Elsinore, California, a municipal corporation and general law city duly organized and existing under and by virtue of the Constitution and laws of the State of California (the “City”); and
Whereas, the City, upon authorization of the City Council, may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the "JPA Law") enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and
Whereas, the City and other public agencies wish to jointly participate in economic development financing programs for the benefit of businesses and nonprofit entities within their jurisdictions offered by membership in the California Enterprise Development Authority (the “Autority” or "CEDA") pursuant to an associate membership agreement and Joint Exercise of Powers Agreement Relating to the California Enterprise Development Authority (the “Agreement”); and
Whereas, under the JPA Law and the Agreement, CEDA is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of CEDA will not be the debts, liabilities or obligations of the City or the other members of the Authority; and Whereas, the form of Associate Membership Agreement (the “Associate Membership Agreement”) between the City and CEDA is attached; and
Whereas, the City is willing to become an Associate Member of CEDA subject to the provisions of the Associate Membership Agreement; and
Whereas, CEDA is a joint exercise of powers authority, comprised of cities and counties in the State of California; and
Whereas, CEDA is implementing the Property Assessed Clean Energy (PACE) program, which it has designated CEDA PACE, consisting of the CEDA PACE program each administered by a separate program administrator (collectively with any successors assigns, replacements or additions, the “Program” or “CEDA PACE”), to allow the financing or refinancing of certain renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, wildfire suppression for any portion of the City that lies within a Very High Fire Hazard Severity Zone and water efficiency improvements (collectively, the "Improvements") through the levy of CC Reso. No. 2025-

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3 contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29"), and the issuance of improvement bonds or other evidences of indebtedness (the "Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual assessments; and; Whereas, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and
Whereas, the City desires to allow the owners of commercial property (“Participating Parcel”) within its jurisdiction ("Participating Property Owners") to participate in CEDA PACE, and to allow CEDA to conduct assessment proceedings under Chapter 29 and to issue Bonds under the 1915 Act to finance the Improvements; and
Whereas, CEDA will conduct assessment proceedings under Chapter 29 to establish an assessment district (the “District”) and issue Bonds under the 1915 Act to finance Improvements; and
Whereas, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted by CEDA in connection with such assessment proceedings (the "ROI"), a copy of which is attached hereto as Exhibit A; and
Whereas, said ROI sets forth the territory within which assessments may be levied for CEDA PACE which territory shall be coterminous with the City's official boundaries of record at the time of adoption of the ROI (the "Boundaries"); and Whereas, pursuant to Chapter 29, the City authorizes CEDA to conduct assessment proceedings, levy assessments, pursue remedies in the event of delinquencies, and issue bonds or other forms of indebtedness to finance the Improvements in connection with CEDA PACE; and Whereas, to protect the City in connection with operation of the CEDA PACE program, CleanFund LLC, a program administrator, has agreed to defend and indemnify the City; and Whereas, the City will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the case of delinquencies, the issuance, sale or administration of the bonds or other indebtedness issued in connection with CEDA PACE.

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

Section 1. Findings. The City Council hereby specifically finds and declares that the actions authorized hereby constitute public affairs of the City. The City Council further finds that the statements, findings and determinations of the City set forth in the preambles above are true and correct.

Section 2. Approval. The Associate Membership Agreement and Indemnification Agreement presented to this meeting and on file with the City Clerk are hereby approved in substantially the form presented and in such final form as approved by the City Attorney. The Mayor of the City, the City Manager, the City Clerk and other officials of the City are each hereby authorized and directed, for and on behalf of the City, to execute and deliver the Associate Membership Agreement in substantially said form attached to this Resolution as Exhibit B, and CC Reso. No. 2025-

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3 the Indemnification Agreement in substantially said form attached to this Resolution as Exhibit C, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 3. Authorization. The officers and officials of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this resolution and the Associate Membership Agreement. All such actions heretofore taken by such officers and officials are hereby confirmed, ratified and approved.

Section 4. Good Standing. The City is a municipal corporation and in good standing.

Section 5. Public Benefits. On the date hereof, the City Council hereby finds and determines that the Program and issuance of Bonds by CEDA in connection with CEDA PACE will provide significant public benefits, including without limitation, savings in effective interest rates, bond preparation, bond underwriting and bond issuance costs and reductions in effective user charges levied by water and electricity providers within the boundaries of the City.

Section 6. Appointment of CEDA. The City hereby appoints CEDA as its representative to (i) record the assessment against the Participating Parcels, (ii) administer the District in accordance with the Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of the California Streets and Highways Code (commencing with Section 8500 et seq.) (the “Law”), (iii) prepare program guidelines for the operations of the Program and (iv) proceed with any claims, proceedings or legal actions as shall be necessary to collect past due assessments on the properties within the District in accordance with the Law and Section 6509.6 of the California Government Code. The City is not and will not be deemed to be an agent of CleanFund LLC or CEDA as a result of this Resolution.

Section 7. Assessment Proceedings. In connection with CEDA PACE, the City hereby consents to the special assessment proceedings by CEDA pursuant to Chapter 29 on any property within the Boundaries and the issuance of Bonds under the 1915 Act, provided that:
(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI;
(2) The Participating Property Owners, who shall be the legal owners of such property, voluntarily execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (3) The City will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the case of delinquencies in such assessment payments, or the issuance, sale or administration of the Bonds in connection with CEDA PACE.

Section 8. Program Report. The City Council hereby acknowledges that pursuant to the requirements of Chapter 29, CEDA has prepared and will update from time to time the "Program Report" for CEDA PACE (the "Program Report") and associated documents, and CEDA will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report.

Section 9. Foreclosure. The City Council hereby acknowledges that the Law permits foreclosure in the event that there is a default in the payment of assessments due on a property.

CC Reso. No. 2025-

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3 The City Council hereby designates CEDA as its representative to proceed with collection and foreclosure of the liens on the defaulting properties within the District, including accelerated foreclosure pursuant to the Program Report.

Section 10. Indemnification. The City Council acknowledges that CleanFund LLC has provided the City with an Indemnification Agreement, as shown in Exhibit C, for negligence or malfeasance of any type as a result of the acts or omissions of CleanFund LLC, its officers, employees, subcontractors and agents. The City Council hereby authorizes the appropriate officials and staff of the City to execute and deliver the Indemnification Agreement to CleanFund LLC.

Section 11. City Contact Designation. The appropriate officials and staff of the City are hereby authorized and directed to make applications for CEDA PACE available to all property owners who wish to finance Improvements. The following staff persons, together with any other staff designated by the City Manager from time to time, are hereby designated as the contact persons for CEDA in connection with CEDA PACE: Jason Simpson, City Manager, 951-674-3124 ext 204, [email protected].

Section 12. CEQA. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act (“CEQA”), because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4)).

Section 13. Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Authority.

Section 14. Costs. Services related to the formation and administration of the assessment district will be provided by CEDA at no cost to the City.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 14th day of January 2025.

Brian Tisdale
Mayor
Attest:

Candice Alvarez, MMC
City Clerk
CC Reso. No. 2025-

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3 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. 2025- was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of December 10, 2024 and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
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3 EXHIBIT A
CEDA Resolution of Intention
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RESOLUTION OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY

DECLARING INTENTION TO FINANCE INSTALLATION OF DISTRIBUTED GENERATION

RENEWABLE ENERGY SOURCES, ENERGY EFFICIENCY, SEISMIC RETROFITS,

ELECTRIC VEHICLE CHARING INFRASTRUCTURE, AND WATER EFFICIENCY

IMPROVEMENTS IN THE CITY OF CITY OF LAKE ELSINORE, CALIFORNIA WHEREAS, the California Enterprise Development Authority (“CEDA”) is a joint powers authority authorized and existing pursuant to Joint Powers Act (Government Code Section 6500 et seq.) and that certain Joint Exercise of Powers Agreement (the “Agreement”) dated as of June 1, 2006, by and among the cities of Eureka, Lancaster and Selma; and WHEREAS, CEDA is authorized under the Agreement and Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California and in accordance with Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State of California (“Chapter 29”) to authorize assessments to finance the installation of certain renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, wildfire suppression for any portion of the City that lies within a Very High Fire Hazard Severity Zone and water efficiency improvements that are permanently fixed to real property (“Authorized Improvements”); and WHEREAS, CEDA has obtained authorization from the City of Lake Elsinore, California (the “City”) to enter into contractual assessments for the financing of the installation of Authorized Improvements in the City; and
WHEREAS, CEDA desires to declare its intention to establish a CEDA PACE program (“CEDA PACE”) in the City, pursuant to which CEDA, subject to certain conditions set forth herein, would enter into contractual assessments to finance the installation of Authorized Improvements in the City.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AS FOLLOWS:

Section 1. Findings. The Board of Directors hereby finds and determines the following:
(a) The above recitals are true and correct and are incorporated herein by this reference.
(b) Energy and water conservation efforts, including the promotion of Authorized Improvements to commercial, industrial, or other real property, are necessary to address the issue of global climate change and the reduction of greenhouse gas emissions in the City.
(c) The upfront cost of making commercial, industrial, or other real property more energy and water efficient, along with the fact that most commercial loans for that purpose are due on the sale of the property, prevents many property owners from installing Authorized Improvements.
(d) A public purpose will be served by establishing a contractual assessment program, to be known as CEDA PACE, pursuant to which CEDA will finance the installation CC Reso. No. 2025-

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of Authorized Improvements to residential, commercial, industrial, or other real property in the City.

Section 2. Determination of Public Interest. The Board of Directors hereby determines that (a) it would be convenient, advantageous, and in the public interest to designate an area, which shall encompass the entire geographic territory within the boundaries of the City, within which CEDA and property owners within the City may enter into contractual assessments to finance the installation of Authorized Improvements pursuant to Chapter 29 and (b) it is in the public interest for CEDA to finance the installation of Authorized Improvements in the City pursuant to Chapter 29.

Section 3. Identification of Authorized Improvements. CEDA hereby declares its intention to make contractual assessment financing available to property owners to finance installation of Authorized Improvements, including but not limited to those improvements detailed in the Report described in Section 8 hereof (the “Report”), as that Report may be amended from time to time.

Section 4. Identification of Boundaries. Contractual assessments may be entered into by property owners located within the entire geographic territory of the City including unincorporated territory within City Boundaries. A property owner located within a City within the City may enter into contractual assessments with CEDA only after such City has adopted a resolution to authorize participation in the PACE Program.

Section 5. Proposed Financing Arrangements. Under Chapter 29, CEDA may issue bonds, notes or other forms of indebtedness (the “Bonds”) pursuant to Chapter 29 that are payable by contractual assessments. Division 10 (commencing with Section 8500) of the Streets & Highways Code of the State (the “Improvement Bond Act of 1915”) shall apply to any indebtedness issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not in conflict with Chapter 29. The creditworthiness of a property owner to participate in the financing of Authorized Improvements will be based on the criteria developed by program administrators upon consultation with the Program underwriters or other financial representatives, CEDA general counsel and bond counsel, and as shall be approved by the Board of Directors of CEDA. In connection with indebtedness issued under the Improvement Bond Act of 1915 that are payable from contractual assessments, serial and/or term improvement bonds or other indebtedness shall be issued in such series and shall mature in such principal amounts and at such times (not to exceed 20 – 39 years from the second day of September next following their date) and at such rate or rates of interest (not to exceed the maximum rate permitted by applicable law) as shall be determined by the Board of Directors at the time of the issuance and sale of the indebtedness.

The provisions of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is the intention of the Board of Directors to create a special reserve fund for the bonds under Part 16 of the Improvement Bond Act of 1915. Neither CEDA, nor any of its members participating in the CEDA PACE Program, shall advance available surplus funds from its treasury to cure any deficiency in the redemption fund to be created with respect to the indebtedness; provided, however, that this determination shall not prevent CEDA or any of its members from, in their sole discretion, so advancing funds. The Bonds may be refunded under Division 11.5 of the California Streets and Highways Code or other applicable laws permitting refunding, upon the conditions specified by and upon determination of CEDA.

CEDA hereby authorizes the program administrators, upon consultation with CEDA general counsel, bond counsel and the CEDA PACE underwriter, to commence preparation of documents and take necessary steps to prepare for the issuance of bonds, notes or other forms CC Reso. No. 2025-

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of indebtedness as authorized by Chapter 29.

In connection with the issuance of bonds payable from contractual assessments, CEDA expects to obligate itself, through a covenant with the owners of the bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment installments under specified circumstances.

Section 6. Public Hearing. Pursuant to the Act, CEDA hereby orders that a public hearing be held before CEDA Board (the “Board”), at 2150 River Plaza Dr., Suite 275 Sacramento, California 95833, on _________, __________, at _____ A_, for the purposes of allowing interested persons to object to, or inquire about, the proposed CEDA PACE Program.

The public hearing may be continued from time to time as determined by the Board for a time not exceeding a total of 180 days.

At the time of the hearing, the Report described in Section 8 hereof shall be summarized, and the Board shall afford all persons who are present an opportunity to comment upon, object to, or present evidence with regard to the proposed CEDA PACE Program, the extent of the area proposed to be included within the boundaries of the assessment district, the terms and conditions of the draft assessment contract described in Section 8 hereof (the “Contract”), or the proposed financing provisions. Following the public hearing, CEDA may adopt a resolution confirming the Report (the “Resolution Confirming Report”) or may direct the Report’s modification in any respect, or may abandon the proceedings.

The Board hereby orders the publication of a notice of public hearing once a week for two successive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates not counting such publication dates are sufficient. The period of notice will commence upon the first day of publication and terminate at the end of the fourteenth day. The first publication shall occur not later than 20 days before the date of the public hearing.

Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the Streets & Highways Code, written notice of the proposed contractual assessment program within the City to all water and electric providers within the boundaries of the City has been provided.

Section 8. Report. The Board hereby directs the program administrators to prepare the Report and file said Report with the Board at or before the time of the public hearing described in Section 6 hereof containing all of the following:
(a) A map showing the boundaries of the territory within which contractual assessments are proposed to be offered, as set forth in Section 4 hereof. (b) A draft contractual assessment contract (the “Contract”) specifying the terms and conditions of the agreement between CEDA and a property owner. (c) A statement of CEDA’s policies concerning contractual assessments including all of the following:
(1)Identification of types of Authorized Improvements that may be financed through the use of contractual assessments.
(2)Identification of the CEDA official authorized to enter into contractual assessments on behalf of CEDA.
(3)A maximum aggregate dollar amount of contractual assessments.

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(4)A method for setting requests from property owners for financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount.
(d) A plan for raising a capital amount required to pay for work performed in connection with contractual assessments. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28 of Chapter 29. The plan (i) shall include a statement of, or method for determining, the interest rate and time period during which contracting property owners would pay any assessment, (ii) shall provide for any reserve fund or funds, and (iii) shall provide for the apportionment of all or any portion of the costs incidental to financing, administration and collection of the contractual assessment program among the consenting property owners and CEDA.

A report on the results of the discussions with the County Auditor-Controller described in Section 10 hereof, concerning the additional fees, if any, that will be charged to CEDA for inclusion of the proposed contractual assessments on the general property tax roll of the City, and a plan for financing the payment of those fees.

Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and the interest and any penalties thereon, will constitute a lien against the lots and parcels of land on which they are made, until they are paid. Unless otherwise directed by CEDA, the assessments shall be collected in the same manner and at the same time as the general taxes of the City on real property are payable, and subject to the same penalties and remedies and lien priorities in the event of delinquency and default.

Section 10. Consultations with County Auditor-Controller. CEDA hereby directs the program administrators to enter into discussions with the County Auditor-Controller in order to reach agreement on what additional fees, if any, will be charged to CEDA for incorporating the proposed contractual assessments into the assessments of the general taxes of the County on real property.

Section 11. Preparation of Current Roll of Assessment. Pursuant to Section 5898.24(c), CEDA hereby designates the program administrators as the responsible party for annually preparing the current roll of assessment obligations by assessor’s parcel number on property subject to a voluntary contractual assessment.

Section 12. Procedures for Responding to Inquiries. The program administrators shall establish procedures to promptly respond to inquiries concerning current and future estimated liability for a voluntary contractual assessment.

Section 13. Effective Date. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this _____ day of ______, 20___.

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CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY
By:____________________________
Gurbax Sahota, Chair
ATTEST:
______________________________________
Helen Schaubmayer, Assistant Secretary
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EXHIBIT B
Associate Membership Agreement
CC Reso. No. 2025-

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ASSOCIATE MEMBERSHIP AGREEMENT
by and between the

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and the

CITY OF LAKE ELSINORE
THIS ASSOCIATE MEMBERSHIP AGREEMENT (this “Associate Membership Agreement”), dated as of ______________, 2024 by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the “Authority”) and the CITY OF LAKE ELSINORE, CALIFORNIA, a municipal corporation and general law city duly organized and existing under and by virtue of the Constitution and laws of the State of California; WITNESSETH:

WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a “Member” and collectively, the “Members”), have entered into a Joint Exercise of Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the Authority and prescribing its purposes and powers; and
WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the Board of Directors of the Authority; and
WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and
WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an “Associate Member”); and WHEREAS, the City desires to become an Associate Member of the Authority; and WHEREAS, the City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; and WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority;
NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows:

Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority.

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Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority.

Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by the Agreement and the Bylaws of the Authority.

Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City.

IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above.

CALIFORNIA ENTERPRISE DEVELOPMENT

AUTHORITY
By
Gurbax Sahota
Chair of the Board of Directors
Attest:

By
Michelle Stephens, Assistant Secretary
CITY OF LAKE ELSINORE:
________, Mayor
Attest:

By
____________, City Clerk
Approved as to form:

By
, City Attorney
4910-1442-9443.1

EXHIBIT C
Indemnification Agreement
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INDEMNIFICATION AGREEMENT

BY AND BETWEEN

THE CITY OF LAKE ELSINORE AND

CLEANFUND LLC
This Indemnification Agreement (the “Agreement”) is entered into by and between the City of Lake Elsinore, California, a municipal corporation or political subdivision, duly organized and existing under the laws of the State of California (the “City”) and CleanFund LLC, a Delaware corporation, the administrator of the CEDA Property Assessed Clean Energy and Job Creation Program (the “Administrator”), which is a program of the California Enterprise Development Authority, a California joint exercise of powers authority (the “Authority”).

RECITALS
WHEREAS, the Authority is a joint exercise of powers authority whose members include the City in addition to other cities and counties in the State of California; and WHEREAS, the Authority established the CEDA PACE Program (the “CEDA PACE Program”) to allow the financing the installation of certain renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, wildfire suppression for any portion of the City that lies within a Very High Fire Hazard Severity Zone and water efficiency improvements that are permanently fixed to real property through the levy of assessments voluntarily agreed to by the participating property owners pursuant to Chapter 29 of Division 7 of the Streets and Highways Code (“Chapter 29”) and the issuance of improvement bonds, or other forms of indebtedness, under the Improvement Bond Act of 1915 upon the security of the unpaid assessments; and
WHEREAS, the Authority has conducted or will conduct proceedings required by Chapter 29 with respect to the territory within the boundaries of the City; and WHEREAS, the legislative body of the City adopted or will adopt a resolution authorizing the City to join the CEDA PACE Program; and
WHEREAS, the City will not be responsible for the formation, operation and administration of the CEDA PACE Program as well as the sale and issuance of any bonds or other forms of indebtedness in connection therewith, including the conducting of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the Authority on behalf of the CEDA PACE Program; and
WHEREAS, the Administrator is an administrator of the CEDA PACE Program and agrees to indemnify the City in connection with the operations of the CEDA PACE Program as set forth herein;
NOW, THERFORE, in consideration of the above premises and of the City’s agreement to join the CEDA PACE Program, the parties agree as follows:

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1 . Indemnification. The Administrator has provided CEDA with an indemnification for negligence or malfeasance of any type as a result of the acts or omissions of the Administrator, its officers, employees, subcontractors and agents, arising from or related to the Administrator PACE Program, the assessments, the assessment districts, the improvements or the financing and marketing thereof. The Administrator agrees to defend, indemnify and hold harmless the City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys’ fees, for injury or damage due to negligence or malfeasance of any type claims as a result of the acts or omissions of the Administrator, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the Administrator.

2. Amendment/Interpretation of this Agreement. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions.

3. Section Headings. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose.

4. Waiver. No waiver of any of the provisions of this Agreement shall be binding unless in the form of writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

5. Severability and Governing Law. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California.

6. Notices. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows:

If to the Administrator CleanFund LLC
5695 Castle Dr.

Oakland, California 94611
Attn: Chief Executive Officer
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If to the City: _______________________________________

_______________________________________

7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument.

8. Effective Date. This Agreement will be effective as of the date of the signature of City’s representative as indicated below in the signature block.

IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below.

APPROVED AS TO FORM:

City Attorney
City of Lake Elisinore
By
Name:

Title:

Date:

CleanFund LLC
By
Name:

Title:

Date:
4880-9407-2374.2

ASSOCIATE MEMBERSHIP AGREEMENT
by and between the

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and the

CITY OF LAKE ELSINORE
THIS ASSOCIATE MEMBERSHIP AGREEMENT (this “Associate Membership Agreement”), dated as of September 10, 2024, by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the “Authority”) and the CITY OF LAKE ELSINORE, a California municipal corporation, duly organized and existing under the laws of the State of California (the “City”);
WITNESSETH:

WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a “Member” and collectively, the “Members”), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the “Agreement”), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and
WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and
WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an “Associate Member”); and WHEREAS, the City desires to become an Associate Member of the Authority; and WHEREAS, Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; and WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority;
NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows:
2 4880-9407-2374.2
3 7
8 2
1 Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority.

Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the City shall have any right to become an officer or director of the Authority.

Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by the Agreement and the Bylaws of the Authority.

Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City.

Section 5. Execution of the Agreement. Execution of this Associate Membership Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. 3 4880-9407-2374.2
3 7
8 2
1 IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above.

CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY
By
Gurbax Sahota, Chair of the
Board of Directors
Attest:

By
Michelle Stephens, Assistant Secretary

CITY OF LAKE ELSINORE
By
Brian Tisdale, Mayor
Attest:

By
City Clerk
Approved as to Form:

By
City Attorney
By
Assistant City Manager

INDEMNIFICATION AGREEMENT

BY AND BETWEEN

THE CITY OF LAKE ELSINORE AND
CLEANFUND LLC.

This Indemnification Agreement (the “Agreement”) is entered into by and between the City of Lake Elsinore, a municipal corporation or political subdivision, duly organized and existing under the laws of the State of California (the “Public Entity”) and CleanFund LLC., a Delaware public benefit corporation (“CleanFund”), the administrator of the CleanFund Property Assessed Clean Energy and Job Creation Program (the “Administrator”), which is a program of the California Enterprise Development Authority, a California joint exercise of powers authority (the “Authority”).

RECITALS
WHEREAS, the Authority is a joint exercise of powers authority whose members include the Public Entity in addition to other cities and counties in the State of California; and WHEREAS, the Authority established the CleanFund Property Assessed Clean Energy and Job Creation Program (the “CleanFund PACE Program”) to allow the financing of certain renewable energy, energy and water efficiency improvements, seismic strengthening, electric vehicle charging infrastructure, and wildfire suppression and safety improvements that are permanently affixed to real property through the levy of assessments voluntarily agreed to by the participating property owners pursuant to Chapter 29 of Division 7 of the Streets and Highways Code (“Chapter 29”) and the issuance of improvement bonds, or other forms of indebtedness, under the Improvement Bond Act of 1915 upon the security of the unpaid assessments; and WHEREAS, the Authority has conducted or will conduct proceedings required by Chapter 29 with respect to the territory within the boundaries of the Public Entity; and
WHEREAS, the legislative body of the Public Entity adopted or will adopt a resolution authorizing the Public Entity to join the CleanFund PACE Program; and WHEREAS, the Public Entity will not be responsible for the formation, operation and administration of the CleanFund PACE Program as well as the sale and issuance of any bonds or other forms of indebtedness in connection therewith, including the conducting of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the Authority on behalf of the CleanFund PACE Program; and
WHEREAS, the Administrator is the administrator of the CleanFund PACE Program and agrees to indemnify the Public Entity in connection with the operations of the CleanFund PACE Program as set forth herein;
NOW, THERFORE, in consideration of the above premises and of the Public Entity’s agreement to join the CleanFund C-PACE Program, the parties agree as follows:
1 . Indemnification. CleanFund has provided the CEDA with an indemnification for negligence or malfeasance of any type as a result of the acts or omissions of Dividend, its officers, employees, subcontractors and agents, arising from or related to the CleanFund C-PACE Program, the assessments, the assessment districts, the improvements or the financing and marketing thereof. CleanFund agrees to defend, indemnify and hold harmless the Public Entity, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys’ fees, for injury or damage due to negligence or malfeasance of any type claims as a result of the acts or omissions of Clean Fund, except for such loss or damage which was caused by the sole negligence or willful misconduct of the Public Entity. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CleanFund.

3. Section Headings. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose.

If to the Administrator CleanFund LLC
5695 Castle Drive
Oakland, CA, 94611
Attn: [email protected]
If to the Public Entity: City of Lake Elsinore
130 Main Street
Lake Elsinore, CA 92530
Attn: City Manager

7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument.

8. Effective Date. This Agreement will be effective as of the date of the signature of Public Entity’s representative as indicated below in the signature block.

IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below.

APPROVED AS TO FORM:
_____________________________
Barbara Liebold,
City Attorney
City of Lake Elsinore
By _____________________________
Name: Jason Simpson
Title: City Manager
Date: _____________________________
CleanFund LLC., a Delaware public benefit corporation
By _____________________________
Name: John Kinney
Title: Managing Partner
WRCOG- Jurisdictions Launched
1 Alameda County Unincorporated Alameda
2 Albany Alameda
3 Alhambra Los Angeles
4 Aliso Viejo Orange
5 Amador Amador
6 Amador County Unincorporated Amador
7 American Canyon Napa
8 Anaheim Orange
9 Antioch Contra Costa
10 Arcadia Los Angeles
11 Arcata Humboldt
12 Arvin Kern
13 Atherton (Town of) San Mateo
14 Atwater Merced
15 Avalon (Commercial Only) Los Angeles
16 Avenal Kings
17 Azusa Los Angeles
19 Baldwin Park Los Angeles
20 Beaumont Riverside
21 Bell Gardens (Commercial Only) Los Angeles
22 Bellflower Los Angeles
23 Belmont San Mateo
24 Belvedere Marin
25 Benicia Solano
26 Berkeley Alameda
27 Bishop Inyo
28 Blue Lake Humboldt
29 Blythe Riverside
30 Bradbury Los Angeles
31 Brawley Imperial
32 Brea Orange
33 Brentwood Contra Costa
34 Brisbane San Mateo
35 Buena Park Orange
36 Burlingame San Mateo
37 Butte County Unincorporated (Residential Only) Butte 38 Calabasas (Commercial Only) Los Angeles
39 Calexico Imperial
40 California City Kern
Launched Jurisdictions
41 Calipatria Imperial
42 Calistoga Napa
43 Camarillo Ventura
44 Campbell Santa Clara
45 Capitola Santa Cruz
46 Carlsbad San Diego
47 Carmel Monterey
48 Carson Los Angeles
49 Cathedral City Riverside
50 Ceres Stanislaus
51 Chico Butte
52 Chowchilla Madera
53 Chula Vista San Diego
54 Citrus Heights Sacramento
55 Claremont Los Angeles
56 Clayton Contra Costa
57 Cloverdale Sonoma
58 Clovis Fresno
59 Coachella Riverside
60 Coalinga Fresno
61 Colma (Town of) San Mateo
62 Colusa County Unincorporated Colusa
63 Commerce Los Angeles
64 Concord Contra Costa
65 Contra Costa County Unincorporated Contra Costa
66 Corcoran Kings
67 Corning Tehama
68 Coronado San Diego
69 Costa Mesa Orange
70 Cotati Sonoma
71 Covina Los Angeles
72 Crescent City Del Norte
73 Cupertino Santa Clara
74 Cypress Orange
75 Daly City San Mateo
76 Danville Contra Costa
77 Davis Yolo
78 Del Mar San Diego
79 Del Norte County Unincorporated Del Norte
80 Del Rey Oaks Monterey
81 Delano Kern
82 Desert Hot Springs Riverside
83 Diamond Bar Los Angeles
84 Dinuba Tulare
85 Dixon Solano
86 Dorris Siskiyou
87 Dos Palos Merced
88 Dublin Alameda
89 Dunsmuir Siskiyou
90 El Cajon San Diego
91 El Centro Imperial
92 El Cerrito Contra Costa
93 El Dorado County Unincorporated El Dorado
94 El Monte Los Angeles
95 El Segundo Los Angeles
96 Elk Grove Sacramento
97 Encinitas San Diego
98 Escondido San Diego
99 Etna Siskiyou
100 Eureka Humboldt
101 Exeter Tulare
102 Fairfax Marin
103 Fairfield Solano
104 Farmersville Tulare
105 Ferndale Humboldt
106 Fillmore Ventura
107 Firebaugh Fresno
108 Fort Bragg Mendocino
109 Fortuna Humboldt
110 Foster City San Mateo
111 Fountain Valley Orange
112 Fowler Fresno
113 Fremont Alameda
114 Fresno Fresno
115 Fresno County Unincorporated Fresno
116 Galt Sacramento
117 Garden Grove Orange
118 Gardena Los Angeles
119 Gilroy Santa Clara
120 Glendora Los Angeles
121 Glenn County Unincorporated Glenn
122 Gonzales Monterey
123 Grass Valley Nevada
124 Greenfield Monterey
125 Grover Beach SLO
126 Gustine Merced
127 Half Moon Bay San Mateo
128 Hanford Kings
129 Hawthorne Los Angeles
130 Hayward Alameda
131 Healdsburg Sonoma
132 Hermosa Beach Los Angeles
133 Hillsborough San Mateo
134 Holtville Imperial
135 Hughson Stanislaus
136 Humboldt County Unincorporated Humboldt
137 Huntington Beach Orange
138 Huron Fresno
139 Imperial Imperial
140 Imperial Beach San Diego
141 Imperial County Unincorporated Imperial
142 Indian Wells Riverside
143 Indio Riverside
144 Industry Los Angeles
145 Inglewood Los Angeles
146 Ione Amador
147 Irwindale Los Angeles
148 Isleton Sacramento
149 Jackson Amador
150 Kerman Fresno
152 King City Monterey
153 Kings County Unincorporated Kings
154 Kingsburg Fresno
155 La Canada Flintridge Los Angeles
156 La Habra Orange
157 La Mesa San Diego
158 La Palma Orange
159 La Quinta Riverside
160 La Verne Los Angeles
161 Lafayette Contra Costa
162 Laguna Beach Orange
163 Laguna Hills Orange
164 Lake Forest Orange
165 Lancaster Los Angeles
166 Larkspur Marin
167 Lathrop San Joaquin
168 Lawndale Los Angeles
169 Lemon Grove San Diego
170 Lemoore Kings
171 Lindsay Tulare
172 Live Oak Sutter
173 Livingston Merced
174 Lodi San Joaquin
175 Lomita Los Angeles
176
177 Long Beach Los Angeles
178 Los Banos Merced
179 Loyalton Sierra
180 Madera Madera
181 Madera County Unincorporated Madera
182 Malibu Los Angeles
183 Mammoth Lakes Mono
184 Manteca San Joaquin
185 Marin County Unincorporated Marin
186 Mariposa County Unincorporated Mariposa
187 Martinez Contra Costa
188 Marysville Yuba
189 McFarland Kern
190 Mendocino County Unincorporated Mendocino
191 Mendota Fresno
192 Menlo Park San Mateo
193 Merced Merced
194 Merced County Unincorporated Merced
195 Mill Valley Marin
196 Millbrae San Mateo
197 Mission Viejo Orange
198 Modesto Stanislaus
199 Mono County Unincorporated Mono
200 Monrovia Los Angeles
201 Montebello Los Angeles
202 Monterey Monterey
203 Monterey County Unincorporated Monterey
204 Monterey Park Los Angeles
205 Moorpark Ventura
206 Moraga Contra Costa
207 Morgan Hill Santa Clara
208 Morro Bay SLO
209 Mount Shasta Siskiyou
210 Mountain View Santa Clara
211 Napa Napa
212 Napa County Unincorporated Napa
213 National City San Diego
214 Nevada City Nevada
215 Newark Alameda
216 Newman Stanislaus
217 Newport Beach Orange
218 Novato Marin
219 Oakdale Stanislaus
220 Oakland Alameda
221 Oakley Contra Costa
222 Oceanside San Diego
223 Ojai Ventura
224 Orange Cove Fresno
225 Orland Butte
226 Oroville Butte
227 Oxnard Ventura
228 Pacific Grove Monterey
229 Pacifica San Mateo
230 Palm Desert Riverside
231 Palm Springs Riverside
232 Palmdale Los Angeles
233 Paradise Butte
234 Parlier Fresno
235 Paso Robles SLO
236 Patterson Stanislaus
237 Piedmont Alameda
238 Pinole Contra Costa
239 Pittsburg Contra Costa
240 Placentia Orange
241 Placerville El Dorado
242 Pleasant Hill Contra Costa
243 Plymouth Amador
244 Point Arena Mendocino
245 Pomona Los Angeles
246 Port Hueneme Ventura
247 Porterville Tulare
248 Portola Valley San Mateo
249 Poway San Diego
250 Rancho Cordova Sacramento
251 Rancho Mirage Riverside
252 Rancho Palos Verdes Los Angeles
253 Rancho Santa Margarita Orange
254 Redding Shasta
255 Redondo Beach Los Angeles
256 Redwood City San Mateo
257 Reedley Fresno
258 Richmond Contra Costa
260 Rio Vista Solano
261 Ripon San Joaquin
262 Riverbank Stanislaus
263 Riverside County Eastern Uncorporated Riverside
264 Rohnert Park Sonoma
265 Rolling Hills Los Angeles
266 Rolling Hills Estates Los Angeles
267 Rosemead Los Angeles
268 Sacramento Sacramento
269 Sacramento County Unincorporated Sacramento
270 Salinas Monterey
271 San Anselmo Marin
272 San Bruno San Mateo
273 San Buenaventura Ventura
274 San Carlos San Mateo
275 San Clemente Orange
276 San Diego San Diego
277 San Diego County Unincorporated San Diego
278 San Dimas Los Angeles
279 San Fernando Los Angeles
280 San Francisco San Francisco
281 San Gabriel Los Angeles
282 San Joaquin Fresno
283 San Joaquin County Unincorporated San Joaquin
284 San Jose Santa Clara
285 San Juan Bautista San Benito
286 San Leandro Alameda
287 San Luis Obispo SLO
288 San Luis Obispo County Unincorporated SLO
289 San Marcos San Diego
290 San Marino Los Angeles
291 San Mateo San Mateo
292 San Mateo County Unincorporated San Mateo
293 San Pablo Contra Costa
294 San Rafael Marin
295 San Ramon Contra Costa
296 Sand City Monterey
297 Sanger Fresno
298 Santa Ana Orange
299 Santa Clara Santa Clara
300 Santa Cruz Santa Cruz
301 Santa Cruz County Unincorporated Santa Cruz
302 Santa Monica Los Angeles
303 Santa Paula Ventura
304 Santa Rosa Sonoma
305 Santee San Diego
306 Sausalito Marin
307 Scotts Valley Santa Cruz
308 Seaside Monterey
309 Sebastopol Sonoma
310 Selma Fresno
311 Shafter Kern
312 Shasta County Unincorporated Shasta
313 Shasta Lake Shasta
314 Sierra Madre Los Angeles
315 Simi Valley Ventura
316 Siskiyou County Unincorporated Siskiyou
317 Solana Beach San Diego
318 Solano County Unincorporated Solano
319 Sonoma Sonoma
320 Sonoma County Unincorporated Sonoma
321 South El Monte Los Angeles
322 South Lake Tahoe El Dorado
323 South Pasadena Los Angeles
324 South San Francisco San Mateo
325 St. Helena Napa
326 Stanton Orange
327 Stockton San Joaquin
328 Suisun City Solano
329 Sutter Creek Amador
330 Taft Kern
331 Tehachapi Kern
332 Tehama Tehama
333 Tehama County Unincorporated Tehama
334 Temple City Los Angeles
335 Thousand Oaks Ventura
336 Tiburon Marin
337 Torrance Los Angeles
338 Tracy San Joaquin
339 Trinidad Humboldt
340 Tulare (City of) Tulare
341 Tulare County Unincorporated Tulare
342 Turlock Stanislaus
343 Tustin Orange
344 Ukiah Mendocino
345 Union City Alameda
346 Vacaville Solano
347 Vallejo Solano
349 Vista San Diego
350 Walnut Los Angeles
351 Walnut Creek Contra Costa
352 Wasco Kern
353 Waterford Stanislaus
354 Watsonville Santa Cruz
355 Weed Siskiyou
356 West Covina Los Angeles
357 West Sacramento Yolo
358 Westminster Orange
359 Wheatland Yuba
360 Windsor Sonoma
361 Winters Yolo
362 Woodlake Tulare
363 Woodland Yolo
364 Woodside San Mateo
365 Yolo County Unincorporated Yolo
366 Yorba Linda Orange
367 Yountville Napa
368 Yreka Siskiyou
369 Yuba City Sutter
370 Yuba County Unincorporated Yuba
371 1. City of Banning Riverside - WRCOG Sub Region
372 2. City of Beaumont Riverside - WRCOG Sub Region
373 3. City of Calimesa Riverside - WRCOG Sub Region
374 4. City of Canyon Lake Riverside - WRCOG Sub Region 375 5. City of Corona Riverside - WRCOG Sub Region
376 6. City of Eastvale Riverside - WRCOG Sub Region
377 7. City of Hemet Riverside - WRCOG Sub Region
378 8. City of Jurupa Valley Riverside - WRCOG Sub Region 379 9. City of Lake Elsinore Riverside - WRCOG Sub Region 380 10. City of Menifee Riverside - WRCOG Sub Region
381 11. City of Moreno Valley Riverside - WRCOG Sub Region 382 12. City of Murrieta Riverside - WRCOG Sub Region
383 13. City of Norco Riverside - WRCOG Sub Region
384 14. City of Perris Riverside - WRCOG Sub Region
385 15. City of Riverside Riverside - WRCOG Sub Region
386 16. City of San Jacinto Riverside - WRCOG Sub Region 387 17. City of Temecula Riverside - WRCOG Sub Region
388 18. City of Wildomar Riverside - WRCOG Sub Region

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

COMMERCIAL PACE
Property Assessed Clean Energy (PACE) programs offer property owners ﬁ nancing options for energy efﬁ ciency, water conservation, and seismic strengthening improvements. www.wrcog.us

C-PACE BENEFITS

ELIGIBLE IMPROVEMENTS
» Funding for up to 20% of construction costs
» Financing is tied to the property
» New construction is eligible for up to 30-year ﬁ nancing term » Reﬁ nancing look back option
PACE can be used to reﬁ nance previously installed
eligible products, going back 3 years
» On average, lower interest rate than other mezzanine ﬁ nancing » No upfront costs
» Frees up equity
» Renewable energy systems
» Water conservation/efﬁ ciency
» Energy efﬁ ciency
HVAC, windows, roof, lighting, automated controls
» Seismic strengthening
» Fire hardening
» Approved custom eligible products
Energy management systems, battery storage, electric vehicle charging

PROPERTY ELIGIBILITY
» Property cannot be in default
» Property must be current on property taxes
» Total ﬁ
market value

C-PACE HIGHLIGHTS

CASE STUDY
Casey Dailey, Director of Energy & Environmental Programs [email protected] - (951)405-6720
nanced amount must not exceed 20-35%* of the property market value *Limitations are dependent upon the provider
» Annual property tax and assessments cannot exceed 5% of the property’s » West Coast Exotic Cars in Murrieta
$ 2.9 Million in C-PACE Financing
» Hotel Cerro in San Luis Obispo
$10 Million in C-PACE Financing
» Pullman Lofts in Santa Rosa
$ 8.6 Million in C-PACE Financing

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:Remon Habib, City Engineer
Date:January 14, 2025
Subject:Cooperative Agreement Between the State of California Department of Transportation and the City of Lake Elsinore for Interstate 15 State Route 74 (SR-74)/Central Ave. Interchange
Recommendation
Approve and authorize the City Manager to execute the Cooperative Agreement between the State of California Department of Transportation (Caltrans) and the City of Lake Elsinore for the I-15 SR-74 (Central Ave) Interchange Improvement Project, in final form as approved by the City Attorney.

Background
Interstate 15 State Route 74 (Central Ave) Interchange Improvement project first initiated in early 2000’s, where the Project Initiation Document was completed on April 25, 2005. The Project Approval and Environmental Document (PAED) phase initiated in January 2018 with the Mitigated Negative Declaration (MND) and Finding of No Significant Impact (FONSI) approved on October 30, 2024. An executed Cooperative Agreement is required prior to the start of the next phase.

Discussion
The Cooperative Agreement establishes the project components, which the City will be responsible as the Implementing Agency. The City will be responsible to deliver the Plan, Specifications, and Estimate (PS&E) phase, which is the development of plans, specifications; obtaining resource agency permits; and the advertisement/award of construction contract, and Right of Way (ROW) phase, which includes coordination with utility owners; pre-construction monument preservation; acquisition of right-of-way interests; post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The City will also be responsible to furnish the Quality Management Plan for Caltrans review and approval.

I15/SR74 Interchange Cooperative Agreement

Page 2 of 2 ends

Fiscal Impact
No fiscal impact to executing this agreement. Project has been budgeted in the CIP program for FY 24/25.

Attachments
Attachment 1 - Cooperative Agreement
Engineering
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 1

COOPERATIVE AGREEMENT COVER SHEET
Work Description

WORK WILL INVOLVE THE MODIFICATION OF AN INTERCHANGE, NORTHBOUND HOOK RAMPS WITH NORTHBOUND LOOP OFF-RAMP AT INTERSTATE 15 (I-15) AND STATE ROUTE 74 (SR-74)
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.

CALTRANS
Emad Makar, Project Manager
464 West Fourth Street
San Bernardino, CA 92401
Office Phone: (909) 383-4978
Email: [email protected]

CITY OF LAKE ELSINORE
Remon Habib, City Engineer
130 South Main Street
Lake Elsinore, CA 92530
Office Phone: (951) 670-3124
Email: [email protected]
DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 2

COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Lake Elsinore, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, work will involve the modification of an interchange, northbound hook ramps with northbound loop off-ramp at Interstate 15 (I-15) and State Route 74 (SR-74), will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents.

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
•PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
•RIGHT-OF-WAY (R/W)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 3
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

5. The following work associated with this PROJECT has been completed or is in progress:
•CALTRANS completed the Project Initiation Document (PID) on April 25, 2005. •CALTRANS approved the Mitigated Negative Declaration on October 30, 2024. •CALTRANS approved the Finding of No Significant Impact (FONSI) on October 30, 2024.

6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

RESPONSIBILITIES
Sponsorship

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

9. CITY is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. •CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. •CITY is the RIGHT-OF-WAY IMPLEMENTING AGENCY.

RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; pre-construction monument preservation; the acquisition of right-of- way interests; and post-construction work such as right-of-way monumentation/recordation, DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
Agreement No. 08-1796 | 08-RIV-015 | EA: 08-0F310
Page | 4
relinquishments/vacations, and excess land transactions. The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).

11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.

12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.

14. Each PARTY is responsible for the costs they incur in performing the WORK.

CALTRANS' Quality Management

15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

16. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

18. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.

19. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.

DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
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Page | 5
CEQA/NEPA Lead Agency

20. CALTRANS is the CEQA Lead Agency for the PROJECT.

21. CALTRANS is the NEPA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

22. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT.

23. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

24. The PROJECT requires the following environmental permits/approvals:

ENVIRONMENTAL PERMITS/REQUIREMENTS
401 Regional Water Quality Control Board
1602 California Department of Fish & Wildlife
Air Quality Permits
Air Quality Permits
Plans, Specifications, and Estimate (PS&E)

25. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

26. CALTRANS will be responsible for completing the following PS&E activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.15.10.xx Quality Management

27. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
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Page | 6

28. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

29. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to CITY until the following conditions are met:
•Any new or amended Maintenance Agreement required for the WORK are executed. •Any new or amended Freeway Agreement required for the WORK are executed.

RIGHT-OF-WAY

30. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-OF- WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

31. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.25.10.xx Quality Management

32. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.

33. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.

34. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.

35. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

36. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.

DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
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Page | 7

37. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.

CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance. CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.

38. If CITY acquires any right-of-way to be incorporated into the State Highway System (SHS), CITY will first acquire in its own name.

No right-of-way will be acquired in CALTRANS' name.

Title to the SHS right-of-way will ultimately be vested in the State. CALTRANS' acceptance of title will occur after the Right-of-Way Closeout activities are complete.

39. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.

CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.

CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract.

40. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

41. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.

42. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.

Schedule

43. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
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Page | 8
Additional Provisions
Standards

44. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards.

CALTRANS standards include, but are not limited to, the guidance provided in the:
•CADD Users Manual
•CALTRANS policies and directives
•Plans Preparation Manual
•Project Development Procedures Manual (PDPM)
•Workplan Standards Guide
•Standard Environmental Reference
•Highway Design Manual
•Right of Way Manual
•Stewardship and Oversight Agreement
•Construction Manual Supplement for Local Agency Resident Engineers •Local Agency Structure Representative Guidelines
Noncompliant Work

45. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.

Qualifications

46. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

47. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Encroachment Permits

48. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

49. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

DRAFT Agreement No. 08-1796
Project No.: 0800000124
EA: 08-0F310
08-RIV-015-21.6/23.5
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Protected Resources

50. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

51. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

52. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Hazardous Materials

53. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

54. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.

55. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of-way.

56. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

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CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.

57. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.

CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

58. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.

Claims

59. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.

60. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

61. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

Accounting and Audits

62. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

63. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

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Interruption of Work

64. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of- way in a safe and operable condition acceptable to CALTRANS.

65. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgments and Settlements

66. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.

67. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

68. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

69. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

Environmental Compliance

70. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.

GENERAL CONDITIONS

71. All portions of this AGREEMENT, including the RECITALS section, are enforceable.

Venue

72. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

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Exemptions

73. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification

74. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

75. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties

76. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

77. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance

78. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

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79. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults

80. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution

81. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation.

PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief and/or to preserve the statute of limitations, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.

82. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage

83. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.

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If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.

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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA DEPARTMENT

OF TRANSPORTATION
Catalino A. Pining III
District 8 Director
Verification of Funds and Authority:

Corina Harriman
District 8 Budget Manager
Certified as to financial terms and policies:

Darwin Salmos
HQ Accounting Supervisor
HQ Legal Representative
HQ Legal Rep Title

CITY OF LAKE ELSINORE
Jason Simpson
City Manager

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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick De Santiago, Public Works Manager
Date:January 14, 2025
Subject:Change Order No. 1 to Public Works’ Construction Agreement to Cotter Construction Inc. for Serenity Park Fencing Project.

Recommendation
Approve and authorize the City Manager to execute Change Order No. 1 for the not to exceed amount of $31,000.00 with Cotter Construction Inc., for Serenity Park Background
On July 23, 2024, the request for proposal was posted in PlanetBids for the installation of the Serenity Park fencing. Before the deadline of August 2, 2024, Cotter Construction Inc., provided the lowest qualifying proposals. On August 13, 2024, the city awarded a Public Works’ Construction Agreement to Cotter Construction Inc., for installation of new park fencing at Serenity Park. Staff has determined the need to expand the scope of work for more fencing around Serenity Park to further limit the access to only foot traffic and pedestrian use. Motorcycles are riding through the park causing damage to equipment, landscape and irrigation infrastructure. Also, this unfortunate situation creates an unsafe park condition for the citizens enjoying the park.

Discussion
The City has purchased all the additional fencing needed for this project and the contractor shall install an additional 320 lineal feet of new fencing at the Serenity Park located. The expanded scope of work in this change order will include the below elements:

Demo and haul away of existing fence panels posts and footings Minor Excavation
Install 320 feet of added clear vu fencing
Repair landscape and irrigation
remove all construction materials haul away and dump fees Change Order No. 1 Serenity Park Fencing

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Fiscal Impact
Funds are available through in the Fiscal Year 2024/2025 operating budget.

Attachments
Attachment 1- Change Order No. 1
Exhibit A- Proposal
Public Works
1 DATE:

QUANTITY UNIT
Lump Sum 1.00
TOTAL
SUM OF
1 Review by: Initials Date Date

PRIOR TO THIS CHANGE ORDER
CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES:

City Manager

UNIT PRICE EXTENSIONITEM
See Attached Quote Dated
ITEM

QUANTITIES DECREASED
$31,000.00$31,000.00
12/19/2024

UNIT PRICE
CITY PROJECT #
August 13, 2024DATE AWARDED:

PROJECT TITLE: Serenity Park Fencing Cotter Construction Inc.

Authorized by: Jason Simpson TOTAL AMOUNT OF CONTRACT
$62,000.00

QUANTITIES INCREASED

CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
(951) 674-3124
January 14, 2025
PROJECT CHANGE ORDER CHANGE ORDER #
THIS CHANGE ORDER IS APPLICABLE TO:

CONTRACT AWARDED TO:

City Manager:
$31,000.00
Approved by:

Contractor
Change Order No.

Assistant City Manager

EXTENSION

THE AMOUNT OF THE CONTRACT WILL BE (INCREASED) BY THE
$31,000.00
None

QUANTITY

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REPORT TO SUCCESSOR AGENCY
To:Honorable Chair and Members of the Successor Agency
From:Jason Simpson, Executive Director
Prepared by:Candice Alvarez, MMC, Secretary
Date:January 14, 2025
Subject:Minutes of the Regular Successor Agency Meeting of December 10, 2024 Recommendation
Approve the Minutes.