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:
August 12, 2025
Closed Session: 5:00 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 4th 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) 674-
3124 at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility
City Council Agenda - Final August 12, 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 August 12, 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 - 5:00 P.M
A. CONFERENCE WITH LABOR NEGOTIATOR
(Gov’t Code Section 54957.6)
City negotiator: City Manager Jason Simpson
Employee organization: Lake Elsinore Chapter of Laborer’s International Union of North America, Local 777
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov’t Code Section 54956.8)
Property: APN 374-072-013
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Ignacio Munguia Rodriguez and Blanca Delgado
Under negotiation: Price and terms of payment
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov’t Code Section 54956.8)
Property: APNs: 389 -210-063, 389- 210-067, 389- 210-068, 389 -220-001, 389- 220- 002
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Mohr Affinity Under negotiation: Price and Terms of Payment
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
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 August 12, 2025
City of Lake Elsinore Page 4
CITY COUNCIL CONSENT CALENDAR
1) Minutes of the Regular City Council Meeting of July 22, 2025
Approve the Minutes.
2) CC Warrant Report Dated June 16, 2025 to June 22, 2025
Receive and file.
3) CC Warrant Report Dated June 23, 2025 to June 29, 2025
Receive and file.
4) CC Warrant Report Dated June 30, 2025 to July 06, 2025
Receive and file.
5) CC Warrant Report Dated July 07, 2025 to July 13, 2025
Receive and file.
6) CC Warrant Report Dated July 14, 2025 to July 20, 2025
Receive and file.
7) CC Warrant Report Dated July 21, 2025 to July 27, 2025
Receive and file.
8) Public Works Construction Agreement with Van Engineering Inc. for the Construction of the Parking Lot Project (CIP Project No. Z40037)
Approve and authorize the City Manager to execute the Public Works Construction Agreement with Van Engineering, Inc. in an amount not to exceed $526,292.00 in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $52,692.00; and authorize the City Manager to accept the improvements into the City Maintained System and the City Clerk to file the Notice of Completion with the County Recorder for the listed project.
9) Amendment No. 1 to Representation Letter (Rutan & Tucker, LLP)
Approve and authorize the City Manager to execute Amendment No. 1 to the Representation Letter with Rutan & Tucker, LLP to provide Special Counsel services to the City in such final form as approved by the City Attorney.
10) Appointment of City Council Subcommittees for the Development of Cultural Resources Management and Resource Agency Management Plans
Appoint Mayor Brian Tisdale and Mayor Pro Tem Robert E. Magee to a Subcommittee focused on developing a Cultural Resources Management Plan, and appoint Council Members Steve Manos and Timothy J. Sheridan to a Subcommittee tasked with developing a Resource Agency Management Plan.
City Council Agenda - Final August 12, 2025
City of Lake Elsinore Page 5
11) Section 8 Project-Based Voucher Program Agreement to Enter into a Housing Assistance Payments (AHAP) Contract for New Construction; and Section 8 Project-Based Voucher Program Housing Assistance Payments Contract – New Construction Part I and II between City of Lake Elsinore and the Housing Authority of the County of Riverside for the Mary McDonald Riley Street Project
1. Approve the attached form of the Section 8 Project -Based Voucher Program Agreement to Enter into a Housing Assistance Payments Contract for New Construction by and between the City of Lake Elsinore, a municipal corporation, and the Housing Authority of the County of Riverside (AHAP Contract) for Mary McDonald Riley Street Project located in the City of Lake Elsinore;
2. Approve the attached form of the Section 8 Project -Based Voucher Program Housing Assistance Payments Contract - New Construction or Rehabilitation Part 1 and 2 of HAP Contract (HAP Contract); and
3. Authorize the City Manager or designee, to execute an AHAP Contract and a HAP Contract, each substantially conforming in form and substance to the attached AHAP Contract and HAP Contract, subject to approval as to form by the City Attorney; and to take all necessary steps to implement the AHAP Contract and HAP Contract, including, but not limited to, signing subsequent necessary and relevant documents, subject to approval as to form by City Attorney.
12) Agreement with Engineering Resources of Southern California, Inc. for Civil Engineering Services for the Graham Street Parking Lot Project
Approve and authorize the City Manager to execute a professional Services Agreement with Engineering Resources of Southern California, Inc. in the amount of $62,085.00 for Civil Engineering Services for the Graham Street Parking Lot Project in such final form as approved by the City Attorney, approve and authorize the City Manager to change orders up to 10% of the agreement in an amount not to exceed $6,208.00, and approve and authorize the City Manager to accept the improvements into the City Maintained System and the City Clerk file the Notice of Completion with the County Recorder.
13) Agreement with Hester Roofing for the Fourth Floor Canopy Roofing on the New City Hall Project (CIP Project No. Z20006)
Approve and authorize the City Manager to execute an Agreement with Hester Roofing for fourth floor canopy roofing, bid set ‘G’, on the New City Hall Project (CIP Project #Z20006in an amount not -to-exceed $148,200.00 in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $14,820.00 for construction uncertainties and adjustments, and authorize the City Clerk to file the notice of completion and return withheld retention to the contractor once the entire scope of work is complete.
14) License Agreement for Seasonal Sales Lot on Dexter Road
Approve and authorize the City Manager to execute a License Agreement with ABC Tree Farms, LLC for the temporary seasonal use of the City - owned vacant and
unimproved lot at 18614 Dexter Road for seasonal sales in such final form as approved by the City Attorney.
City Council Agenda - Final August 12, 2025
City of Lake Elsinore Page 6
15) On-call Agreement with Talimar Systems, Inc. for Minor Construction and Office Furniture Installation
Approve and authorize the City Manager to execute an On- Call Services Agreement with Talimar Systems, Inc. for minor construction and office furniture installation in an amount not to exceed $181,857.19 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $18,185.72 for uncertainties and adjustments.
16) On-call Services Agreement with ALV for Lake Water Quality Services
Approve and authorize the City Manager to execute an on-call services agreement with ALV for lake water quality services in an amount not to exceed $206,000.00 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $20,600.00 for uncertainties and adjustments.
17) Agreement with Endresen Development for the Block Wall Around the New City Senior Housing Project (CIP Project No. Z20026)
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Endresen Construction in an amount not to exceed $109,225.22 for the Block Wall around the new City Senior Housing Project in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $10,922.52, and authorize the City
Clerk to record the Notice of Completion once work is completed.
18) Notice of Decision – Planning Commission Approval of Planning Application No. 2018-59 (Ministerio Puerta Del Cielo/Amazing Church) – A Conditional Use Permit Amendment (CUP-2025-04) to Expand Church Operations to Increase the Main Sanctuary Area and Reallocate Existing Church Operations for an Existing Church Located at 31712 Casino Drive, Units 5C, 6A through 6C, 7C, and 8A through 8B
Receive and File the Notice of Decision for Planning Application No. 2018 -59 approved by the Planning Commission on July 15, 2025.
19) Agreement with Metrocell Construction, Inc. for the ATP Cycle 4 Murrieta Creek Multi-Use Trail Project (ATPL 5074(021) / CIP Project No. Z30010)
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Metrocell Construction, Inc. in the amount of $2,996,533.20 for the ATP Cycle 4 Murrieta Creek Multi -Use Trail Project, ATPL- 5074(021)/CIP NO.
Z30010 in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $299,653.32, and authorize City Clerk to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City - maintained pedestrian network.
City Council Agenda - Final August 12, 2025
City of Lake Elsinore Page 7
20) Amendment No. 2 to Professional Services Agreement with Chen Ryan Associates for the Murrieta Creek Multi-use Trail Project
Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Chen Ryan Associates for Geotechnical Testing Support and Construction Support services for the Murrieta Creek Multi -Use Trail Project in the amount of $110,3 65 for a total contract amount not to exceed $712,008.83 in such final form as approved by City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $11,036.50 for unanticipated costs.
21) Agreement with Shapiro Property Services, Inc. (DBA Paul Davis Restoration) for On-Call Construction and Repair Services
Approve and authorize the City Manager to execute an agreement with Shapiro Property Services, Inc. (DBA Paul Davis Restoration) in an amount not to exceed $200,000 for On-Call construction and repair services in such final form as approved by the City Attorney.
22) Agreement with Precision Concrete Cutting for Concrete Cutting and Sidewalk Survey Services
Approve and authorize the City Manager to execute an On- Call Services Agreement with Precision Concrete Cutting for $175,000 per fiscal year in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $17,500 for unforeseen additional work.
23) On-call Services Agreements for Citywide Landscape Maintenance Services to RP Landscape & Irrigation, Inc. and to Excel Landscape, Inc.
Approve and authorize the City Manager to execute an On- Call Services Agreement with RP Landscape & Irrigation in the amount of $937,883.64 and authorize the City Manager to execute change orders not to exceed a 15% contingency of $140,682.55 for unforesee
n repairs and additional work, and approve and authorize the City Manager to execute an On- Call Services Agreement with Excel Landscape in the amount of $561,732.00 and authorize the City Manager to execute change orders not to exceed a 15% contingency of $84,259.80 in such final form as approved by the City Attorney.
SUCCESSOR AGENCY CONSENT CALENDAR
24) Minutes of the Regular Successor Agency Meeting of July 22, 2025
Approve the Minutes.
25) SA Warrant Report Dated June 16, 2025 to June 22, 2025
Receive and file.
26) SA Warrant Report Dated June 23, 2025 to June 29, 2025
Receive and file.
City Council Agenda - Final August 12, 2025
City of Lake Elsinore Page 8
27) SA Warrant Report Dated June 30, 2025 to July 06, 2025
Receive and file.
28) SA Warrant Report Dated July 07, 2025 to July 13, 2025
Receive and file.
29) SA Warrant Report Dated July 14, 2025 to July 20, 2025
Receive and file.
30) SA Warrant Report Dated July 21, 2025 to July 27, 2025
Receive and file.
PUBLIC HEARINGS
31) Public Hearing and Election for Annexation Proceedings for Annexation No. 24 Into Community Facilities District No. 2015 -2 (Maintenance Services) for PM 38195 & 38281 (Evergreen)
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. 24);
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. 24); 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.
32) Public Hearing and Election for Annexation Proceedings for Annexation No. 26 Into Community Facilities District No. 2015- 2 (Maintenance Services) for APN Nos. 377-380-003 & 377-100-003 (Cambern Apartments)
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. 26);
City Council Agenda - Final August 12, 2025
City of Lake Elsinore Page 9
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. 26); 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.
33) Establishment of Community Facilities District No. 2025 -1 of the City of Lake Elsinore (Canyon Hills Heights)
1. Hold a public hearing for establishing Community Facilities District No. 2025-1 of the City of Lake Elsinore (Canyon Hills Heights);
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2025- 1 OF THE CITY OF LAKE ELSINORE (CANYON HILLS
HEIGHTS), AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, CALLING
AN ELECTION A
ND APPROVING AND AUTHORIZING CERTAIN ACTIONS
RELATED THERETO;
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025 -1 OF THE CITY OF LAKE
ELSINORE (CANYON HILLS HEIGHTS) DETERMINING THE NECESSITY TO
INCUR BONDED INDEBT
EDNESS IN AN AMOUNT NOT TO EXCEED
$14,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 2025-1 OF THE
CITY OF LAKE ELSINORE (CANYON HILLS HEIGHTS) AND CALLING AN ELECTION THEREIN;
4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025 -1 OF THE CITY OF
LAKE ELSINORE (CANYON HILLS HEIGHTS) CERTIFYING ELECTION RESULTS; and
5. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025- 1 OF THE CITY OF LAKE ELSINORE (CANYON HILLS HEIGHTS) AUTHORIZING THE LEVY OF SPECIAL TAXES.
City Council Agenda - Final August 12, 2025
City of Lake Elsinore Page 10
34) Formation of Community Facilities District No. 2025 -2 (Cambern Apartments Services) of the City of Lake Elsinore
1. Adopt A RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2025- 2 (CAMBERN APARTMENTS SERVICES) OF THE CITY OF LAKE ELSINORE,
AUTHORIZING THE LEVY OF SPECIAL TAX THEREIN, CALLING AN
ELECTION AND APPROVING AND AUTHORIZING CERTAIN ACTI ONS RELATED THERETO;
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ELECTION RESULTS FOR
COMMUNITY FACILITIES DISTRICT NO. 2025 -2 (CAMBERN APARTMENTS SERVICES); and
3. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025- 2 (CAMBERN APARTMENTS SERVICES) OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF SPECIAL TAXES.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(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 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, August 26, 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, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the forgoing agenda was posted at City Hall at 5:30 p.m. on Thursday, August 7, 2025.
_________________________
Candice Alvarez, MMC
City Clerk
A.
CONFERENCE WITH LABOR NEGOTIATOR
(Gov’t Code Section 54957.6)
City negotiator: City Manager Jason Simpson
Employee organization: Lake Elsinore Chapter of Laborer’s International Union of North America, Local 777
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:David Mann, Assistant City Attorney
Date:August 12, 2025
Subject: CONFERENCE WITH LABOR NEGOTIATOR
(Gov’t Code Section 54957.6)
City negotiator: City Manager Jason Simpson
Employee organization: Lake Elsinore Chapter of Laborer’s International Union of North America, Local 777
B.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov’t Code Section 54956.8)
Property: APN 374-072-013
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Ignacio Munguia Rodriguez and Blanca Delgado
Under negotiation: Price and terms of payment
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:David Mann, Assistant City Attorney
Date:August 12, 2025
Subject: CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov’t Code Section 54956.8)
Property: APN 374-072-013
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Ignacio Munguia Rodriguez and Blanca Delgado
Under negotiation: Price and terms of payment
C.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov’t Code Section 54956.8)
Property: APNs: 389-210-063, 389-210-067, 389-210-068, 389-220-001, 389-220-002 Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Mohr Affinity Under negotiation: Price and Terms of Payment
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:David Mann, Assistant City Attorney
Date:August 12, 2025
Subject: CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov’t Code Section 54956.8)
Property: APNs: 389-210-063, 389-210-067, 389-210-068, 389-220-001, 389-220-002
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Mohr Affinity Under negotiation: Price and Terms of Payment
1)
Minutes of the Regular City Council Meeting of July 22, 2025 Approve the Minutes.
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:August 12, 2025
Subject:Minutes of the Regular City Council Meeting of July 22, 2025 Recommendation
Approve the Minutes.
Attachments
Attachment 1 - Draft Minutes
City Clerk's Office
City of Lake Elsinore
City Council Meeting
Minutes – Draft
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:
July 22, 2025
Closed Session: 6:00 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 6:00 p.m.
ROLL CALL
Present: 4 - Council Members Manos and Sheridan; Mayor Pro Tem Magee; and Mayor Tisdale
Absent: 1 - Council Member Johnson
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
There were no speakers.
CLOSED SESSION - 6:00 P.M.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 377-313-013 & 377-320-004
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Perris Senior Apartments Under negotiation: Price and terms of payment
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.
PLEDGE OF ALLEGIANCE
Mayor Tisdale led the Pledge of Allegiance.
City Council Minutes - Draft July 22, 2025
City of Lake Elsinore Page 2
ROLL CALL
Present: 4 - Council/Agency Members Manos and Sheridan; Mayor Pro Tem/Vice Chair Magee; and Mayor/Chair Tisdale
Absent: 1 - Council/Agency Member Johnson
CLOSED SESSION REPORT
Acting City Attorney Mann reported that one item was discussed; however, no reportable action was taken.
PRESENTATIONS/CEREMONIALS
1) Business in Action Monthly Spotlight – El Comal
Recognize El Comal as the City of Lake Elsinore’s Business in Action Monthly Spotlight for July 2025.
Mayor Tisdale recognized Miguel Casillas.
2) Calfire 2025 Second Quarter Statistical Update
Chief Reed presented the update.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
There were no speakers.
CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Manos, seconded by Mayor Pro Tem Magee to approve the City Council Consent Calendar with Agenda Item No. 14 being removed for discussion. The motion carried by the following vote:
Aye: 4 Council Members Manos and Sheridan; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None
Absent: 1 Council Member Johnson
3) Minutes of the Regular City Council Meeting of July 8, 2025
Approve the Minutes.
This item was approved on the City Council Consent Calendar.
4) CC Investment Report for June 2025
Receive and file the Investment Report for June 2025.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft July 22, 2025
City of Lake Elsinore Page 3
5) Second Reading and Adoption of an Ordinance for Annexation No. 23 Into Community Facilities District No. 2015-2 (Maintenance Services) for Canyon Hills Heights
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.
This item was approved on the City Council Consent Calendar.
6) Second Reading and Adoption of an Ordinance for Annexation No. 25 Into Community Facilities District No. 2015-2 (Maintenance Services) for Tuscany Valley & Tuscany Crest
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.
This item was approved on the City Council Consent Calendar.
7) Resolution of Consideration of Change Proceedings for Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY
VALLEY/CREST), DECLARING ITS INTENTION TO CONSIDER AMENDMENTS TO
THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT
AND INCREASING THE AUTHORIZED BONDED INDEBTEDNESS FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT.
This item was approved on the City Council Consent Calendar.
8) On-Call Services Agreement with AK Security Alarm LLC for Minor Construction and Repair Services
Approve and authorize the City Manager to execute an On-Call Services Agreement with AK Security Alarm, LLC for minor construction and repair services in an amount not to exceed $525,000.00 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $52,500.00 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft July 22, 2025
City of Lake Elsinore Page 4
9) Purchase of City Hall Furniture
Approve and authorize the City Manager to execute a Purchase Order with Talimar Systems, Inc. in the amount of $944,225 for the relocation, purchase, and set up of City Hall furniture.
This item was approved on the City Council Consent Calendar.
10) Southwest Communities Financing Authority Fifth Amendment to the Restated Joint Powers Agreement
Approve and authorize the City Manager to execute the Fifth Amended and Restated Joint Powers Agreement for the Southwest Communities Financing Authority in such final form as approved by the City Attorney
This item was approved on the City Council Consent Calendar.
11) California Department of Parks and Recreation Land and Water Conservation Fund Grant Program
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND LAKE ELSINORE PROJECT.
This item was approved on the City Council Consent Calendar.
12) Amendment No. 1 to the Agreement Dennis Janda, Inc. for On-Call Surveyor Services for City-Wide Requirements
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Dennis Janda, Inc. for on-call Surveyor Services to extend the term beginning July 22, 2025 and ending June 30, 2027 and increase the annual compensation by an additional $50,000.00 for a total amount not to exceed $85,000.00 in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
13) Agreement with PlainJoes Studios for the Maintenance and Management of the Launch Pointe Website
Approve and authorize the City Manager to execute an Agreement with PlainJoes Studios in an annual amount not to exceed $27,000 for Launch Pointe website content management 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 $2,700 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft July 22, 2025
City of Lake Elsinore Page 5
14) Temporary License to Use a Portion of Parking Lot at Alberhill Ranch Community Park for Charter School Site Pending Completion of a Permanent School Site on Riverside Drive
1. Find that the proposed temporary use project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15311 (Accessory Structures); and
2. Approve the temporary use of a portion of the parking lot at Alberhill Ranch Community Park for modular classrooms for a charter school facility and authorize the City Manager to execute the Right of Entry Agreement and License and to address any other ancillary matters as may be necessary to allow for and facilitate the use thereof, in such final form as approved by the City Attorney.
This item was removed from the City Council Consent Calendar for discussion.
15) Final Closeout Amendment No. 3 to the Professional Services Agreement with FCG for Resident Engineering Services on the Main Street/I-15 Interchange Improvement Project CIP Z10094
Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with FCG for $71,451.38 plus an additional 10% contingency for the closeout of Resident Engineering Services for the Main Street/I-15 Interchange Improvement Project as approved in final form by the City Attorney.
This item was approved on the City Council Consent Calendar.
16) Tract Map No. 34249, Canyon Hills Estates
Approve Final Tract Map No. 34249, subject to the City Engineer’s acceptance as being true and correct, authorize the City Clerk to sign the map and arrange for recordation of Final Tract Map No. 34249, and approve and authorize the City Manager to execute the Construction of Improvements Agreement for Monumentation.
This item was approved on the City Council Consent Calendar.
17) Agreement with St. Nick’s Christmas Lighting and Décor (DBA T&G Global, LLC) for the Design and Installation of Main Street Holiday Decorations
Approve and authorize the City Manager to execute an Agreement with St. Nick’s Christmas Lighting and Décor (DBA T&G Global, LLC) for the design and installation of the Main Street Holiday Decorations in an amount not to exceed $140,000.00 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $14,000 for unanticipated costs.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft July 22, 2025
City of Lake Elsinore Page 6
18) Amendment No. 2 to Agreement with Tri-Star Electric in Support of City of Lake Elsinore Public Works Operations
Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with Tri-Star Electric to increase compensation by an additional $5,951.00 for a total not to exceed $60,951.00 in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
ITEM REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION
14) Temporary License to Use a Portion of Parking Lot at Alberhill Ranch Community Park for Charter School Site Pending Completion of a Permanent School Site on Riverside Drive
2. Find that the proposed temporary use project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15311 (Accessory Structures); and
3. Approve the temporary use of a portion of the parking lot at Alberhill Ranch Community Park for modular classrooms for a charter school facility and authorize the City Manager to execute the Right of Entry Agreement and License and to address any other ancillary matters as may be necessary to allow for and facilitate the use thereof, in such final form as approved by the City Attorney.
Kim Cousins was called to speak.
A motion was made by Council Member Manos, seconded by Mayor Pro Tem Magee to approve staff's recommendations. The motion carried by the following vote:
Aye: 4 Council Members Manos, Sheridan, and Johnson; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None
Absent: 1 Council Member Johnson
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Vice Chair Magee, seconded by Agency Member Sheridan to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 4 Council Member Manos, Mayor Tisdale, Mayor Pro Tem Magee, Council Member Sheridan
Nay: 0 None
Absent: 1 Council Member Johnson
19) Minutes of the Regular Successor Agency Meeting of July 8, 2025
Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft July 22, 2025
City of Lake Elsinore Page 7
20) SA Investment Report for June 2025
Receive and file the Investment Report for June 2025.
This item was approved on the Successor Agency Consent Calendar.
PUBLIC HEARINGS
21) Citywide Landscaping and Street Lighting District and the Landscaping and Street Lighting Maintenance District No. 1 for Fiscal Year 2025-26
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND
PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FOR FISCAL YEAR 2025-26 FOR THE CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT (LLMD); and
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND
PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FOR FISCAL YEAR 2025-26 FOR THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.1.
The Public Hearing was opened at 7:19 p.m.
There were no speakers.
The Public Hearing was closed at 7:20 p.m.
A motion was made by Council Member Manos, seconded by Mayor Pro Tem Magee to adopt the two Resolutions. The motion carried by the following vote:
Aye: 4 Council Members Manos and Sheridan; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None
Absent: 1 Council Member Johnson
22) Placement of Delinquent Nuisance Abatement Charges on the Tax Roll
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS
AGAINST PARCELS OF LAND WITHIN THE PUBLIC NUISANCE ABATEMENT COSTS FOR THE FISCAL YEAR 2025-26.
The Public Hearing was opened at 7:20 p.m.
Shane Spicer presented the staff report.
There were no speakers.
The Public Hearing was closed at 7:22 p.m.
City Council Minutes - Draft July 22, 2025
City of Lake Elsinore Page 8
A motion was made by Mayor Pro Tem Magee, seconded by Council Member Sheridan to adopt the Resolution. The motion carried by the following vote:
Aye: 4 Council Members Manos and Sheridan; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None
Absent: 1 Council Member Johnson
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
Denise Lanier was called to speak.
CITY ATTORNEY COMMENTS
Acting City Attorney Mann had no comments.
CITY MANAGER'S COMMENTS
City Manager Simpson had no comments.
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Sheridan reminded the community that youth ride Riverside Transit Agency buses free through December 31, 2026; and advised that he will attend the California Joint International Powers Authority Board of Directors meeting on Wednesday, July 23, 2025.
Council Member Manos reported on his attendance at the Riverside County Airport Land Use Commission meeting on July 10, 2025; shared the grand opening of The Habit Burger & Grill; and invited the community to attend the last two of the Live at the Lakefront concert series events at 7:00 p.m. on July 24 and 31, 2025 at Launch Pointe.
Mayor Pro Tem Magee announced the reopening of the Lake Elsinore Motocross Park under new management; shared that the Links at Summerly Golf Course is also under new management; invited the community to attend the Cal Club Autocross Championship and Practice July 26-27, 2025 at Diamond Stadium; and reminded pet owners to keep their pets safe in the heat.
Mayor Tisdale announced the Lake Elsinore Food Truck Festival which will be held at Seaport Boat Launch every Friday from 5:00 to 10:00 p.m. beginning Friday, August 8, 2025; advised the community of the Sterile Insect Technique Pilot Program; shared an update on the Lakeshore Drive Sidewalk project; noted that the City of Lake Elsinore secured $8 million in federal funding through the Fiscal Year 2026 Transportation and Urban Development Appropriations Bill to advance vital water quality improvements; shared that the Riverside County Sheriff’s Office offers the Blue Envelope Program to support individuals with conditions such as Autism, dementia, anxiety, and others during law enforcement interactions; shared information on the Riverside County Sheriff’s Office Special Needs Reunification Program; and shared important dates related to the August 26, 2025 Mail Ballot Election.
City Council Minutes - Draft July 22, 2025
City of Lake Elsinore Page 9
ADJOURNMENT
The Lake Elsinore City Council adjourned at 7:45 p.m. to the next Regular meeting of Tuesday, August 12, 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.
2)
CC Warrant Report Dated June 16, 2025 to June 22, 2025
Receive and file.
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:August 12, 2025
Subject:CC Warrant Report Dated June 16, 2025 to June 22, 2025 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.
Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
Administrative Services
JUNE 16, 2025 TO JUNE 22, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 904,797.58 $
103 THE ANCHOR 61,197.83
110 GAS TAX 2,000.00
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 6,328.78 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 1,689.49 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 167.26 180 LAUNCH POINTE 75,220.89
300 INSURANCE SERVICE (12,654.74)
305 INFORMATION SYSTEMS SERVICE 80,984.06
310 SUPPORT SERVICE 349.07
315 FLEET SERVICE 23,018.12
320 FACILITIES SERVICE 11,344.84
337 CFD 2016-2 CANYON HILLS IMPROVEMENT 1,500.00
345 CFD 2003-2 IA-D CANYON HILLS IMPROVEMENT 2,540.00
347 CFD 2006-1 IA-A SUMMERLY IMPROVEMENT 2,240.00
350 CFD 98-1 SUMMERHILL IMPROVEMENT 2,660.00
357 CFD 2003-2 IA-A CANYON HILLS IMPROVEMENT 720,731.25 366 CFD 2005-6 CITY CENTER TOWNHOMES IMPROVEMENT 163,875.00 368 CFD 2006-2 VISCAYA IMPROVEMENT 332,750.00
369 CFD 2004-3 IA-1 ROSETTA CANYON IMPROVEMENT 1,298,500.00 371 CFD 2005-1 SERENITY IMPROVEMENT 482,625.00
372 CFD 2005-2 IA-A ALBERHILL RANCH IMPROVEMENT 1,209,009.00 384 CFD 2003-2 IA-B CANYON HILLS IMPROVEMENT 783,500.00 385 CFD 2004-3 IA-2 ROSETTA CANYON IMPROVEMENT 1,191,750.00 387 CFD 2007-5 RED KITE IMPROVEMENT 2,000.00
390 CFD 2003-2 IA-C CANYON HILLS IMPROVEMENT 343,285.00 392 CFD 95-1 CIVIC CENTER IMPROVEMENT 43,097.45
394 CFD 2005-5 WASSON CANYON IMPROVEMENT 2,200.00
408 LEFFA 2025A LOCAL AGENCY REVENUE REFUNDING BONDS 189.72 500 CAPITAL IMPROVEMENT PLAN 302,615.82
617 HOUSING 5,350.40
620 COST RECOVERY TRUST DEPOSITS 35,799.44
GRAND TOTAL 8,080,661.26 $
Attachment 1 1 of 1
JUNE 16, 2025 TO JUNE 22, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002435 AMERIGAS - TEMECULA 1,396.23 $
APA25002436 AZTECA CLEANING SERVICES LLC 8,742.08
APA25002437 BIO-TOX LABORATORIES 2,862.62
APA25002438 BLAIS & ASSOCIATES, INC. 3,250.00
APA25002439 CALIFORNIA, DEPARTMENT OF JUSTICE 160.00
APA25002440 CHARLES ABBOTT ASSOCIATES, INC. 8,459.34
APA25002441 COMMUNITY WORKS DESIGN GROUP 75,675.50
APA25002442 COUNTY OF RIVERSIDE, ASSESSOR - CLERK - RECORDER 251.00 APA25002443 CR&R, INC. 3,681.99
APA25002444 CR&R, INC. 4,671.97
APA25002445 DAVID TURCH & ASSOCIATES 3,500.00
APA25002446 DAVID'S EQUIPMENT REPAIR 3,303.00
APA25002447 DISCOUNT HAULING & CLEANUP SERVICE 5,600.00 APA25002448 FEHR & PEERS 487.50
APA25002449 FRONTIER CALIFORNIA - INTERNET 100.48
APA25002450 FRONTIER CALIFORNIA, INC. 90.61
APA25002451 GREAT AMERICA FINANCIAL SERVICES 349.07
APA25002452 HDL HINDERLITER, DE LLAMAS & ASSOCIATES 2,737.89 APA25002453 HEMET FENCE CORP 2,000.00
APA25002454 KOA CORPORATION 21,135.65
APA25002455 LAND IQ, LLC 2,135.00
APA25002456 LIFTOFF, LLC 426.00
APA25002457 LIUNA LOCAL 777 720.00
APA25002458 LSA ASSOCIATES, INC. 12,276.50
APA25002459 O'REILLY AUTO STORES INC/FIRST CALL 45.54
APA25002460 PRESS-ENTERPRISE, THE 4,879.83
APA25002461 RAPID FIRE SAFETY & SECURITY LLC 82,139.37
APA25002462 RIVERSIDE UNIVERSITY HEALTH SYSTEM 2,000.00 APA25002463 RP LANDSCAPE & IRRIGATION 64,954.08
APA25002464 RSG, INC. 15,225.00
APA25002465 SOUTHERN CALIFORNIA EDISON CO. 80.81
APA25002466 ULTIMATE SIGNS & GRAPHICS 696.00
9354 AK SECURITY ALARM LLC 17,700.83
9355 AMAZON BUSINESS 1,799.15
9356 BMW MOTORCYCLES OF RIVERSIDE 1,863.64
9357 BUREAU VERITAS NORTH AMERICA, INC. 12,074.30
9358 DECKARD TECHNOLOGIES, INC. 12,022.50
9359 DOWNS ENERGY 5,218.79
9360 ENDRESEN DEVELOPMENT, INC. 103,360.00
9361 ENDRESEN DEVELOPMENT, INC. 12,539.52
9362 ENDRESEN DEVELOPMENT, INC. 1,130.43
Attachment 2 1 OF 3
JUNE 16, 2025 TO JUNE 22, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
9363 ENDRESEN DEVELOPMENT, INC. 7,191.25
9364 ENGINEERING RESOURCES OF SO CA 1,237.50
9365 FLOCK SAFETY 75,000.00
9366 GENERAL UPHOLSTERY 490.00
9367 LAKE ELSINORE TIRE & AUTO, INC. 1,025.14
9368 LEIBOLD, MCCLENDON & MANN, PC 63,556.36
9369 PALMS PARK LLC 4,000.00
9370 PLANETBIDS, LLC 18,069.01
9371 PRUDENTIAL OVERALL SUPPLY 473.89
9372 RIGHTWAY SITE SERVICES, INC. 2,011.64
9373 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 3,926.77 9374 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 9,883.25 9375 SECURITAS SECURITY SERVICES USA, INC. 2,877.12
9376 SECURITAS SECURITY SERVICES USA, INC. 3,423.77
9377 SOCIAL WORK ACTION GROUP 59,000.40
9378 TC SPORTS MANAGEMENT, LLC 32,833.33
9379 TOM DODSON & ASSOCIATES 9,140.00
9380 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
9381 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
9382 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
9383 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
9384 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
9385 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
9386 WILMINGTON TRUST, NATIONAL ASSOCIATION 1,500.00
9387 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
143813 CALIFORNIA JPIA 10.00
143814 CALIFORNIA JPIA 25.00
143815 DE VRIES, DAVID 370.44
143816 EVMWD 38,377.20
143819 HANCOCK, ALEJANDRA 174.47
143820 LEE, SEBASTIAN 319.36
143821 MUNOZ, ANAHI 66.53
143822 PRADO, ELENA 125.22
143823 RAINES, ERIN 76.67
143824 SALAZAR, LESTER 85.16
DFT250726 WILMINGTON TRUST, NATIONAL ASSOCIATION 6,566,762.70 DFT250728 CALPERS 249.92
DFT250729 PAYCHEX OF NEW YORK, LLC 2,369.02
DFT250730 INTERNAL REVENUE SERVICE 198.50
DFT250731 STATE DISBURSEMENT UNIT 392.30
DFT250732 FRANCHISE TAX BOARD 1,268.10
DFT250733 STATE DISBURSEMENT UNIT 134.30
Attachment 2 2 OF 3
JUNE 16, 2025 TO JUNE 22, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
DFT250734 MISSION SQUARE RETIREMENT 549.20
DFT250735 MISSION SQUARE RETIREMENT 8,628.01
DFT250736 NATIONWIDE TRUST COMPANY, FSB 1,924.93
DFT250737 CALPERS 79,684.85
DFT250738 TASC 12,910.96
DFT250739 INTERNAL REVENUE SERVICE 146,194.86
DFT250740 FRANCHISE TAX BOARD 30,678.62
DFT250755 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 54.14 PR06182025 NET PAYROLL 377,649.15
GRAND TOTAL 8,080,661.26 $
Attachment 2 3 OF 3
3)
CC Warrant Report Dated June 23, 2025 to June 29, 2025
Receive and file.
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:August 12, 2025
Subject:CC Warrant Report Dated June 23, 2025 to June 29, 2025 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.
Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
Administrative Services
JUNE 23, 2025 TO JUNE 29, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 1,642,876.39 $
103 THE ANCHOR 1,769.15
110 GAS TAX 25,030.69
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 40,502.99 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 4,048.39 180 LAUNCH POINTE 66,894.87
300 INSURANCE SERVICE 13,635.00
305 INFORMATION SYSTEMS SERVICE 37,985.59
310 SUPPORT SERVICE 3,279.04
315 FLEET SERVICE 13,060.74
320 FACILITIES SERVICE 11,821.89
500 CAPITAL IMPROVEMENT PLAN 3,221,061.75
620 COST RECOVERY TRUST DEPOSITS 915,569.39
631 DESTRATIFICATION EQUIPMENT REPLACEMENT 8,708.40
GRAND TOTAL 6,006,244.28 $
Attachment 1 1 of 1
JUNE 23, 2025 TO JUNE 29, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002467 AAA CONSTRUCTION SERVICES, INC 60,585.00 $
APA25002468 AARON CHEVROLET 419.95
APA25002469 ACTION GAS & WELDING SUPPLY 47.93
APA25002470 ALL AMERICAN ASPHALT 1,474,655.53
APA25002471 AMBER AIR CONDITIONING, INC. 60,829.37
APA25002472 ANEEN CONSTRUCTION, INC. 808,465.20
APA25002473 ASCENT ENVIRONMENTAL, INC 9,747.50
APA25002474 BARKSHIRE LASER LEVELING, INC. 9,000.00
APA25002475 BERRYDUNN 8,094.00
APA25002476 CED LAGUNA 15,045.77
APA25002477 CONCENTRA 138.00
APA25002478 CORONA CLAY COMPANY 7,515.00
APA25002479 DISCOUNT HAULING & CLEANUP SERVICE 16,385.00 APA25002480 DP GLASS CO 8,550.00
APA25002481 ELITE CUSTOM COINS 6,030.00
APA25002482 EXCEL LANDSCAPE, INC. 700.00
APA25002483 FEDERAL EXPRESS CORPORATION 48.79
APA25002484 FEHR & PEERS 9,980.00
APA25002485 FERGUSON 445.49
APA25002486 FIX AUTO LAKE ELSINORE 744.13
APA25002487 FRONTIER CALIFORNIA - INTERNET 949.73
APA25002488 FRONTIER CALIFORNIA, INC. 79.11
APA25002489 GOLDSTAR ASPHALT PRODUCTS 2,310.94
APA25002490 GREAT AMERICA FINANCIAL SERVICES 3,230.25
APA25002491 INTERSTATE STRIPING, INC. 11,210.48
APA25002492 JIMNI SYSTEMS, INC. 1,015.00
APA25002493 KELLEN'S BAIT 210.00
APA25002494 KIMLEY-HORN & ASSOCIATES, INC. 1,720.00
APA25002495 LA MESA FUND CONTROL & ESCROW INC 64.05
APA25002496 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 285.00 APA25002497 MIG 8,109.75
APA25002498 O'REILLY AUTO STORES INC/FIRST CALL 774.15
APA25002499 ORIGINAL WATERMEN 141.39
APA25002500 PINO, KAREN 1,230.00
APA25002501 PRECISION CONCRETE CUTTING 48,933.24
APA25002502 QUINN COMPANY 1,238.63
APA25002503 RAPID FIRE SAFETY & SECURITY LLC 1,478.50
APA25002504 RUTAN & TUCKER, LLP 46,732.16
APA25002505 SAS CONSTRUCTION 665,000.00
APA25002506 SERVPRO OF CHINO 6,248.85
APA25002507 SOUTHERN CALIFORNIA EDISON CO. 26,884.05
Attachment 2 1 OF 3
JUNE 23, 2025 TO JUNE 29, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002508 STAUFFER LAWN EQUIPMENT 552.81
APA25002509 SUPERIOR PATIOS INC 1,000.00
APA25002510 TARGET SPECIALTY PRODUCTS 18,229.03
APA25002511 THE CENTRE FOR ORGANIZATION EFFECTIVENESS 13,635.00 APA25002512 UNIVERSITY ENTERPRISES CORPORATION @ CSUSB 13,000.00 APA25002513 WAXIE SANITARY SUPPLY 2,171.69
APA25002514 WEST COAST SERVICES 1,325.00
APA25002515 WESTERN RIVERSIDE COUNCIL OF GOVT'S 10,000.00 APA25002516 ZONDA ADVISORY 9,600.00
9358 DECKARD TECHNOLOGIES, INC. (12,022.50)
9388 CALPERS RETIREES 53,994.00
9445 AK SECURITY ALARM LLC 62,049.62
9446 AMAZON BUSINESS 5,157.49
9447 AREA 63 PRODUCTIONS 6,102.50
9448 CM WASH EQUIPMENT 752.11
9449 DOWNS ENERGY 4,933.70
9450 ENDRESEN DEVELOPMENT, INC. 10,680.00
9451 ENDRESEN DEVELOPMENT, INC. 6,630.00
9452 ENDRESEN DEVELOPMENT, INC. 10,035.66
9453 ENDRESEN DEVELOPMENT, INC. 5,200.00
9454 ENDRESEN DEVELOPMENT, INC. 10,500.66
9455 ENGINEERING RESOURCES OF SO CA 11,676.25
9456 EPIC LAND SOLUTIONS, INC. 4,500.00
9457 KPA SERVICES, LLC 2,606.54
9458 MICHAEL BAKER INTERNATIONAL, INC. 11,435.50
9459 MURASE, CHERYL M 16,500.00
9460 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 12,094.94 9461 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 1,406,581.45 9462 SECURITAS SECURITY SERVICES USA, INC. 3,090.24
9463 STAPLES ADVANTAGE 61.63
9464 STAPLES ADVANTAGE 217.57
9465 WEST COAST ARBORISTS, INC. 23,607.00
9466 WKE, INC. 49,537.61
143825 MCDANIELS, DELORES 426.70
143826 ANDRADE, JUAN 332.89
143827 EVMWD 39,790.42
143830 RIVERS & LANDS CONSERVANCY 8,500.00
DFT25076 CIVIC PARTNERS ELSINORE, LLC 21,781.42
DFT250721 FRONTIER CALIFORNIA - INTERNET 792.17
DFT250722 FRONTIER CALIFORNIA - INTERNET 494.59
DFT250747 MCMILLIN SUMMERLY, LLC 318,419.81
DFT250749 ORIX PUBLIC FINANCE, LLC 511,239.32
Attachment 2 2 OF 3
JUNE 23, 2025 TO JUNE 29, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
DFT250753 TASC 1,516.20
DFT250754 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 15.00 DFT260004 CORE-MARK US, LLC 1,036.73
DFT260005 CHARTER COMMUNICATIONS 2,137.97
DFT260006 CHARTER COMMUNICATIONS (714.77)
DFT260021 CHARTER COMMUNICATIONS (231.61)
GRAND TOTAL 6,006,244.28 $
Attachment 2 3 OF 3
4)
CC Warrant Report Dated June 30, 2025 to July 06, 2025
Receive and file.
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:August 12, 2025
Subject:CC Warrant Report Dated June 30, 2025 to July 06, 2025 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.
Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
Administrative Services
JUNE 30, 2025 TO JULY 06, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 1,723,883.36 $
103 THE ANCHOR 5,997.21
110 GAS TAX 4,941.74
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 22,031.64 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 9,966.80 180 LAUNCH POINTE 102,312.06
300 INSURANCE SERVICE 1,217.07
305 INFORMATION SYSTEMS SERVICE 25,417.30
315 FLEET SERVICE 11,547.24
320 FACILITIES SERVICE 21,791.00
500 CAPITAL IMPROVEMENT PLAN 735,237.63
631 DESTRATIFICATION EQUIPMENT REPLACEMENT 1,884.19
GRAND TOTAL 2,666,227.24 $
Attachment 1 1 of 1
JUNE 30, 2025 TO JULY 06, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA26000001 ALLIED TRAFFIC EQUIPMENT RENTAL 239.25 $
APA26000002 AMBER AIR CONDITIONING, INC. 226,444.69
APA26000003 AMERICAN FORENSIC NURSES, INC. 1,495.70
APA26000004 CDW GOVERNMENT, INC. 488.81
APA26000005 CED LAGUNA 127.96
APA26000006 CENTURY LINK 40.71
APA26000007 CONCENTRA 232.00
APA26000008 COTTER CONSTRUCTION, INC. 35,500.00
APA26000009 DISCOUNT HAULING & CLEANUP SERVICE 6,200.00 APA26000010 FIX AUTO LAKE ELSINORE 4,544.56
APA26000011 FRONTIER CALIFORNIA - INTERNET 146.36
APA26000012 FRONTIER CALIFORNIA, INC. 6,386.67
APA26000013 GOLDSTAR ASPHALT PRODUCTS 1,614.33
APA26000014 HEMET FENCE CORP 35,900.00
APA26000015 JOLLY JUMPS 1,295.00
APA26000016 KELLEN'S BAIT 229.60
APA26000017 LAKE ELSINORE CENTRAL AUTO GLASS & TINTING 501.25 APA26000018 LED LIGHTING SOLUTIONS 29,492.17
APA26000019 LIUNA LOCAL 777 720.00
APA26000020 MIG 44,962.50
APA26000021 MORTON PEST CONTROL INC 290.00
APA26000022 NPG, INC. 167,629.00
APA26000023 O'REILLY AUTO STORES INC/FIRST CALL 1,404.39 APA26000024 PRECISION CONCRETE CUTTING 87,119.46
APA26000025 RAPID FIRE SAFETY & SECURITY LLC 20,534.84
APA26000026 RELIABLE RENTALS, INC 2,840.00
APA26000027 RIVERSIDE COUNTY TRANSPORTATION & LAND MANAGEMENT 1,267.36 APA26000029 SOUTHERN CALIFORNIA EDISON CO. 85,994.07
APA26000030 SUNBELT RENTALS, INC. 8,256.10
APA26000031 TRB AND ASSOCIATES, INC. 2,211.42
APA26000032 TRI-STAR ELECTRIC 10,763.00
APA26000033 TRITON TECHNOLOGY SOLUTIONS, INC 32,554.00
APA26000034 TULIPS TROPHIES & TREASURES 323.25
APA26000035 VICTORY BEE REMOVAL 550.00
APA26000036 VULCAN MATERIALS COMPANY 582.17
APA26000037 WALMART COMMUNITY 180.06
APA26000038 WILLSCOT MOBILE MINI 1,319.55
APA26000039 WSP USA ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. 1,645.00 9456 EPIC LAND SOLUTIONS, INC. (4,500.00)
9467 AK SECURITY ALARM LLC 2,201.76
9468 AMAZON BUSINESS 119.02
Attachment 2 1 OF 3
JUNE 30, 2025 TO JULY 06, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
9469 DECKARD TECHNOLOGIES, INC. 12,022.50
9470 DOWNS ENERGY 300.85
9471 ENDRESEN DEVELOPMENT, INC. 576.00
9472 ENDRESEN DEVELOPMENT, INC. 32,380.46
9473 ENDRESEN DEVELOPMENT, INC. 1,835.55
9474 ENDRESEN DEVELOPMENT, INC. 3,289.56
9475 ENDRESEN DEVELOPMENT, INC. 576.00
9477 PROSTAFF, LLC 15,400.00
9478 PRUDENTIAL OVERALL SUPPLY 473.89
9479 PRUDENTIAL OVERALL SUPPLY 473.89
9480 PRUDENTIAL OVERALL SUPPLY 473.89
9481 READYREFRESH 752.15
9482 REGIONAL FIRST AID, INC. 273.22
9483 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 16,269.35 9484 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 8,293.32 9485 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 1,366,409.50 9486 SD FLAGS, BANNERS AND SIGNS 1,724.15
9487 SERVICE FIRST 2,713.63
9488 SMER RESEARCH 1, LLC 16,957.69
9489 SOCIAL WORK ACTION GROUP 2,656.50
9490 SOUTHERN CALIFORNIA MULCH, INC. 10,500.00
9491 SOUTHERN CALIFORNIA MULCH, INC. 8,400.00
9492 SOUTHERN CALIFORNIA MULCH, INC. 5,600.00
9493 WEST COAST ARBORISTS, INC. 31,900.00
143831 AMERICAN ALLIANCE DRUG TESTING 85.00
143832 DE VRIES, DAVID 264.96
143833 EVMWD 45,215.46
143837 MACLEAN, BAILEY 612.12
143838 SHERIDAN, TIMOTHY J. 820.82
DFT260001 INTERNAL REVENUE SERVICE 123,767.19
DFT260002 INTERNAL REVENUE SERVICE 198.50
DFT260007 FRANCHISE TAX BOARD 1,268.10
DFT260008 STATE DISBURSEMENT UNIT 392.30
DFT260009 STATE DISBURSEMENT UNIT 134.30
DFT260010 LEGAL SHIELD 108.65
DFT260011 FRANCHISE TAX BOARD 26,111.94
DFT260012 TASC 12,910.96
DFT260013 PAYCHEX OF NEW YORK, LLC 2,282.64
DFT260014 COLONIAL LIFE 1,693.08
DFT260015 MISSION SQUARE RETIREMENT 549.20
DFT260016 MISSION SQUARE RETIREMENT 8,613.61
DFT260017 NATIONWIDE TRUST COMPANY, FSB 1,926.94
Attachment 2 2 OF 3
JUNE 30, 2025 TO JULY 06, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
DFT260018 CALPERS 79,012.09
DFT260023 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 161.27 GRAND TOTAL 2,666,227.24 $
Attachment 2 3 OF 3
5)
CC Warrant Report Dated July 07, 2025 to July 13, 2025
Receive and file.
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:August 12, 2025
Subject:CC Warrant Report Dated July 07, 2025 to July 13, 2025 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.
Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
Administrative Services
JULY 07, 2025 TO JULY 13, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 686,816.50 $
103 THE ANCHOR 820.72
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 34,688.39 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 6,904.44 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 579.13 180 LAUNCH POINTE 46,420.10
300 INSURANCE SERVICE 1,184,918.39
305 INFORMATION SYSTEMS SERVICE 49,879.14
310 SUPPORT SERVICE 4,751.16
315 FLEET SERVICE 1,599,076.43
320 FACILITIES SERVICE 10,299.18
330 CFD 2015-2S MAINTENANCE SERVICES 11,928.89
331 CFD 2006-1 IA-CC SUMMERLY IMPROVEMENT 810.78
332 CFD 2006-1 IA-B SUMMERLY IMPROVEMENT 810.78
333 CFD 2015-4 TERRACINA IMPROVEMENT 810.78
334 CFD 2015-5 TRIESTE IMPROVEMENT 789.59
335 CFD 2003-2 IA-E CANYON HILLS IMPROVEMENT 789.59
336 CFD 2006-1 IA-FF SUMMERLY IMPROVEMENT 789.59
337 CFD 2016-2 CANYON HILLS IMPROVEMENT 766.59
338 CFD 2006-1 IA-JJ SUMMERLY IMPROVEMENT 789.59
339 CFD 2006-1 IA-KK SUMMERLY IMPROVEMENT 810.78
340 CFD 2006-1 IA-EE SUMMERLY IMPROVEMENT 789.59
342 CFD 2007-5S RED KITE SERVICES 579.13
343 CFD 2006-2S VISCAYA SERVICES 579.13
344 CFD 2005-2S ALBERHILL RANCH SERVICES 579.13
345 CFD 2003-2 IA-D CANYON HILLS IMPROVEMENT 1,600.46
347 CFD 2006-1 IA-A SUMMERLY IMPROVEMENT 1,389.90
350 CFD 98-1 SUMMERHILL IMPROVEMENT 810.78
351 CFD 2006-1 IA-II SUMMERLY IMPROVEMENT 810.78
355 RAD 2021-1 CANYON HILLS IMPROVEMENT 1,947.62
357 CFD 2003-2 IA-A CANYON HILLS IMPROVEMENT 1,042.37
358 CFD 2007-4S MAKENNA SERVICES 579.13
359 CFD 2021-1 IA-2 TUSCANY VALLEY & CREST IMPROVEMENT 694.48 361 CFD 2022-2 LAKESHORE IMPROVEMENT 674.19
362 CFD 2006-8S RUNNING DEER ESTATES SERVICES 579.13
363 CFD 2023-1 LAKESIDE IMPROVEMENT 674.19
364 CFD 2023-2 COASTAL MISSION TRAIL IMPROVEMENT 652.37 366 CFD 2005-6 CITY CENTER TOWNHOMES IMPROVEMENT 579.13 367 CFD 2006-1S SUMMERLY SERVICES 579.13
368 CFD 2006-2 VISCAYA IMPROVEMENT 579.13
369 CFD 2004-3 IA-1 ROSETTA CANYON IMPROVEMENT 810.78
370 CFD 2006-1 IA-HH SUMMERLY IMPROVEMENT 810.78
Attachment 1 1 of 2
JULY 07, 2025 TO JULY 13, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
371 CFD 2005-1 SERENITY IMPROVEMENT 810.78
372 CFD 2005-2 IA-A ALBERHILL RANCH IMPROVEMENT 810.78
373 CFD 2005-5S WASSON CANYON SERVICES 579.13
374 CFD 2005-4 LAKEVIEW VILLAS IMPROVEMENT 289.62
375 CFD 2006-4 ROSETTA HILLS IMPROVEMENT 289.62
376 CFD 2006-3 LA STRADA IMPROVEMENT 579.13
377 CFD 2006-6 TESSARA IMPROVEMENT 347.48
378 CFD 2006-8 RUNNING DEER ESTATES IMPROVEMENT 766.59
379 CFD 2022-1 ALBERHILL IMPROVEMENT 674.19
380 CFD 2015-4S TERRACINA SERVICES 567.63
383 CFD 2025-2 CAMBERN APARTMENTS SERVICES 5,000.00
384 CFD 2003-2 IA-B CANYON HILLS IMPROVEMENT 2,779.92
385 CFD 2004-3 IA-2 ROSETTA CANYON IMPROVEMENT 810.78
386 CFD 2007-4 MAKENNA IMPROVEMENT 766.48
387 CFD 2007-5 RED KITE IMPROVEMENT 766.59
390 CFD 2003-2 IA-C CANYON HILLS IMPROVEMENT 2,084.96
392 CFD 95-1 CIVIC CENTER IMPROVEMENT 810.78
394 CFD 2005-5 WASSON CANYON IMPROVEMENT 579.13
395 CFD 2018-1 WASSON CANYON II IMPROVEMENT 547.65
396 CFD 2019-2 NICHOLS RANCH IMPROVEMENT 778.82
397 CFD 2019-1 WESTLAKE IMPROVEMENT 778.82
398 CFD 2021-1 IA-1 TUSCANY VALLEY & CREST IMPROVEMENT 694.48 500 CAPITAL IMPROVEMENT PLAN 352,370.47
608 TRUST DEPOSITS 1,536.10
617 HOUSING 1,774.08
620 COST RECOVERY TRUST DEPOSITS 776.19
650 CFD 2003-1S LAW,FIRE, PARAMEDIC SERVICES 810.78
651 CFD 2006-5S PARK, OPEN SPACE, STORM DRAIN SERVICES 579.13 652 CFD 2007-1S LAW,FIRE, PARAMEDIC SERVICES 579.13
653 CFD 2009-1S PARK,OPEN SPACE,STREET LIGHT SERVICES 2,224.77 655 CFD 2015-1S LAW, FIRE, PARAMEDIC SERVICES 921.26
GRAND TOTAL 4,045,277.14 $
Attachment 1 2 of 2
JULY 07, 2025 TO JULY 13, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA26000040 ADRIANA VALENCIA JUAREZ 1,536.10 $
APA26000041 ALTA CALIFORNIA GEOTECHNICAL, INC. 2,732.60 APA26000042 AMERICAN EAGLE TROPHIES 65.25
APA26000043 ANIMAL FRIENDS OF THE VALLEY 22,063.12
APA26000044 CALIFORNIA JPIA 947,937.00
APA26000045 CALIFORNIA JPIA 246,138.00
APA26000046 CDW GOVERNMENT, INC. 6,149.20
APA26000047 CHARLES ABBOTT ASSOCIATES, INC. 8,125.50
APA26000048 CONCENTRA 338.00
APA26000049 CREATIVE INDUSTRIES MEDIA GROUP 2,459.00
APA26000050 DISCOUNT HAULING & CLEANUP SERVICE 600.00
APA26000051 DOUGLAS HINER UMPIRING SERVICES 126.00
APA26000052 DUSTIN THOMPSON PHOTOGRAPHY 3,375.00
APA26000053 ENVIROMINE, INC. 231.25
APA26000054 EPIC LAND SOLUTIONS, INC. 4,500.00
APA26000055 FEDERAL EXPRESS CORPORATION 49.31
APA26000056 FREEDOM FOREVER 129.76
APA26000057 FRONTIER CALIFORNIA - INTERNET 1,211.35
APA26000058 FRONTIER CALIFORNIA, INC. 305.80
APA26000059 HDL SOFTWARE, LLC 11,385.51
APA26000060 HEYDAY 4,400.00
APA26000061 INNOVATIVE DOCUMENT SOLUTIONS 2,701.85
APA26000062 KEYSER MARSTON ASSOCIATES, INC. 885.00
APA26000063 LOR GEOTECHNICAL GROUP 17,038.00
APA26000064 MARINA LANDSCAPE, INC 135,379.56
APA26000065 MARIPOSA ECO CONSULTING INC 1,216.50
APA26000066 MORTON PEST CONTROL INC 2,810.00
APA26000067 O'REILLY AUTO STORES INC/FIRST CALL 41.54
APA26000068 ORIGINAL WATERMEN 2,836.89
APA26000069 PRESS-ENTERPRISE, THE 451.56
APA26000070 PUBLIC SAFETY ENTERPRISE COMMUNICATION 1,269.90 APA26000071 PUBLIC SAFETY ENTERPRISE COMMUNICATION 761.94 APA26000072 PUBLIC SAFETY ENTERPRISE COMMUNICATION 761.94 APA26000073 RAPID FIRE SAFETY & SECURITY LLC 215.00
APA26000074 RIVERSIDE TRANSIT AGENCY 342.00
APA26000075 ROW TRAFFIC SAFETY, INC 7,542.90
APA26000076 SAFETY-KLEEN SYSTEMS, INC. 4,504.48
APA26000077 SAN DIEGO ICE COMPANY, INC. 11,159.43
APA26000078 SHRED-IT USA, LLC 212.40
APA26000079 SOUTHERN CALIFORNIA EDISON CO. 44,954.38
APA26000080 STK ARCHITECTURE, INC. 3,656.25
Attachment 2 1 OF 3
JULY 07, 2025 TO JULY 13, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA26000081 STORYLAND STUDIOS DBA PLAINJOE STUDIOS 686.71 APA26000082 THE CENTRE FOR ORGANIZATION EFFECTIVENESS 2,931.25 APA26000083 T-MOBILE USA, INC. 330.00
APA26000084 UNIFIRST CORP 386.58
APA26000085 VISTA PAINT CORPORATION 822.05
9495 AK SECURITY ALARM LLC 5,086.80
9496 AMAZON BUSINESS 688.66
9497 BMW MOTORCYCLES OF RIVERSIDE 2,327.18
9498 BRINKS INCORPORATED 1,037.94
9499 CHEN RYAN ASSOCIATES, INC. 10,275.97
9500 CIVIC PLUS, INC. 16,651.51
9501 CIVICA LAW GROUP, APC 17,004.84
9502 DOWNS ENERGY 4,508.87
9503 ENDRESEN DEVELOPMENT, INC. 6,500.00
9504 ENDRESEN DEVELOPMENT, INC. 4,300.00
9505 ENDRESEN DEVELOPMENT, INC. 19,200.00
9506 ENDRESEN DEVELOPMENT, INC. 19,200.00
9507 ENDRESEN DEVELOPMENT, INC. 16,899.50
9508 ENDRESEN DEVELOPMENT, INC. 10,290.66
9509 ENDRESEN DEVELOPMENT, INC. 7,924.68
9510 ENDRESEN DEVELOPMENT, INC. 576.00
9511 ENDRESEN DEVELOPMENT, INC. 576.00
9512 ENDRESEN DEVELOPMENT, INC. 576.00
9513 HDR ENGINEERING, INC. 556.94
9514 HEFINGTON MARTIAL ARTS 581.25
9515 HI-WAY SAFETY, INC. 1,229.14
9516 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 13,500.00 9517 LEIBOLD, MCCLENDON & MANN, PC 49,857.77
9518 MURPHY & EVERTZ LLP 4,000.00
9519 MURPHY & EVERTZ LLP 4,000.00
9520 QUADIENT FINANCE USA, INC. 2,000.00
9521 REGIONAL CONSERVATION AUTHORITY 130,158.65
9522 RIVERSIDE COUNTY FIRE DEPARTMENT 1,556,639.47
9523 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 105,611.00 9524 SEARLE CREATIVE GROUP LLC 8,700.00
9525 SECURITAS SECURITY SERVICES USA, INC. 3,196.80
9526 SOUTHERN CALIFORNIA EDISON - SCE INSTALL 81,827.38 9527 SOUTHERN CALIFORNIA GAS CO. 113.89
9528 SOUTHERN CALIFORNIA GAS CO. 15.29
9529 SOUTHERN CALIFORNIA GAS CO. 108.53
9530 SOUTHERN CALIFORNIA GAS CO. 15.29
9531 SOUTHERN CALIFORNIA GAS CO. 21.72
Attachment 2 2 OF 3
JULY 07, 2025 TO JULY 13, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
9532 SOUTHERN CALIFORNIA GAS CO. 61.21
9533 SOUTHERN CALIFORNIA GAS CO. 34.40
9534 SOUTHERN CALIFORNIA GAS CO. 60.29
9535 SOUTHWEST ICE MACHINES 308.60
9536 SOUTHWEST ICE MACHINES 353.19
9537 SOUTHWEST ICE MACHINES 532.63
9538 SPICER CONSULTING GROUP 67,469.50
9542 THOMSON REUTERS - WEST PUBLISHING CORP. 538.68
143839 DIAMOND CHEVROLET OF SAN BERNARDINO 30,000.00
DFT260025 PAYCHEX OF NEW YORK, LLC 150.00
PR07032025 NET PAYROLL 332,255.05
GRAND TOTAL 4,045,277.14 $
Attachment 2 3 OF 3
6)
CC Warrant Report Dated July 14, 2025 to July 20, 2025
Receive and file.
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:August 12, 2025
Subject:CC Warrant Report Dated July 14, 2025 to July 20, 2025 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.
Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
Administrative Services
JULY 14, 2025 TO JULY 20, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 868,855.38 $
103 THE ANCHOR 8,073.05
110 GAS TAX 309.86
114 SB1186 CASp EDUCATION PROGRAM 336.00
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 41,093.45 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 6,006.24 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 2,088.35 180 LAUNCH POINTE 63,968.76
300 INSURANCE SERVICE (10,668.84)
305 INFORMATION SYSTEMS SERVICE 180,506.88
310 SUPPORT SERVICE 106.58
315 FLEET SERVICE 36,968.50
320 FACILITIES SERVICE 10,942.84
330 CFD 2015-2S MAINTENANCE SERVICES 21,628.25
331 CFD 2006-1 IA-CC SUMMERLY IMPROVEMENT 835.13
332 CFD 2006-1 IA-B SUMMERLY IMPROVEMENT 835.13
333 CFD 2015-4 TERRACINA IMPROVEMENT 607.56
334 CFD 2015-5 TRIESTE IMPROVEMENT 813.33
336 CFD 2006-1 IA-FF SUMMERLY IMPROVEMENT 813.33
337 CFD 2016-2 CANYON HILLS IMPROVEMENT 789.64
338 CFD 2006-1 IA-JJ SUMMERLY IMPROVEMENT 813.33
339 CFD 2006-1 IA-KK SUMMERLY IMPROVEMENT 835.13
340 CFD 2006-1 IA-EE SUMMERLY IMPROVEMENT 813.33
342 CFD 2007-5S RED KITE SERVICES 596.52
343 CFD 2006-2S VISCAYA SERVICES 596.52
344 CFD 2005-2S ALBERHILL RANCH SERVICES 596.52
345 CFD 2003-2 IA-D CANYON HILLS IMPROVEMENT 1,648.47
347 CFD 2006-1 IA-A SUMMERLY IMPROVEMENT 1,431.65
350 CFD 98-1 SUMMERHILL IMPROVEMENT 835.13
351 CFD 2006-1 IA-II SUMMERLY IMPROVEMENT 835.13
355 RAD 2021-1 CANYON HILLS IMPROVEMENT 2,279.85
357 CFD 2003-2 IA-A CANYON HILLS IMPROVEMENT 1,073.74
358 CFD 2007-4S MAKENNA SERVICES 596.52
359 CFD 2021-1 IA-2 TUSCANY VALLEY & CREST IMPROVEMENT 13,215.28 361 CFD 2022-2 LAKESHORE IMPROVEMENT 694.44
362 CFD 2006-8S RUNNING DEER ESTATES SERVICES 596.52
363 CFD 2023-1 LAKESIDE IMPROVEMENT 694.44
364 CFD 2023-2 COASTAL MISSION TRAIL IMPROVEMENT 707.30 366 CFD 2005-6 CITY CENTER TOWNHOMES IMPROVEMENT 596.52 367 CFD 2006-1S SUMMERLY SERVICES 596.52
368 CFD 2006-2 VISCAYA IMPROVEMENT 596.52
369 CFD 2004-3 IA-1 ROSETTA CANYON IMPROVEMENT 835.13
Attachment 1 1 of 2
JULY 14, 2025 TO JULY 20, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
370 CFD 2006-1 IA-HH SUMMERLY IMPROVEMENT 835.13
371 CFD 2005-1 SERENITY IMPROVEMENT 835.13
372 CFD 2005-2 IA-A ALBERHILL RANCH IMPROVEMENT 835.13
373 CFD 2005-5S WASSON CANYON SERVICES 596.52
374 CFD 2005-4 LAKEVIEW VILLAS IMPROVEMENT 298.26
375 CFD 2006-4 ROSETTA HILLS IMPROVEMENT 298.26
376 CFD 2006-3 LA STRADA IMPROVEMENT 596.52
377 CFD 2006-6 TESSARA IMPROVEMENT 357.91
378 CFD 2006-8 RUNNING DEER ESTATES IMPROVEMENT 789.64
379 CFD 2022-1 ALBERHILL IMPROVEMENT 694.44
380 CFD 2015-4S TERRACINA SERVICES 835.13
383 CFD 2025-2 CAMBERN APARTMENTS SERVICES 5,000.00
384 CFD 2003-2 IA-B CANYON HILLS IMPROVEMENT 3,676.64
385 CFD 2004-3 IA-2 ROSETTA CANYON IMPROVEMENT 835.13
386 CFD 2007-4 MAKENNA IMPROVEMENT 789.64
387 CFD 2007-5 RED KITE IMPROVEMENT 789.64
390 CFD 2003-2 IA-C CANYON HILLS IMPROVEMENT 2,147.48
394 CFD 2005-5 WASSON CANYON IMPROVEMENT 596.52
395 CFD 2018-1 WASSON CANYON II IMPROVEMENT 564.03
396 CFD 2019-2 NICHOLS RANCH IMPROVEMENT 802.15
397 CFD 2019-1 WESTLAKE IMPROVEMENT 802.15
398 CFD 2021-1 IA-1 TUSCANY VALLEY & CREST IMPROVEMENT 715.28 500 CAPITAL IMPROVEMENT PLAN 518,410.61
617 HOUSING 8,373.10
620 COST RECOVERY TRUST DEPOSITS 43,825.12
650 CFD 2003-1S LAW,FIRE, PARAMEDIC SERVICES 835.13
651 CFD 2006-5S PARK, OPEN SPACE, STORM DRAIN SERVICES 596.52 652 CFD 2007-1S LAW,FIRE, PARAMEDIC SERVICES 596.52
653 CFD 2009-1S PARK,OPEN SPACE,STREET LIGHT SERVICES 596.52 655 CFD 2015-1S LAW, FIRE, PARAMEDIC SERVICES 5,948.95
GRAND TOTAL 1,869,267.13 $
Attachment 1 2 of 2
JULY 14, 2025 TO JULY 20, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA26000086 ACTION GAS & WELDING SUPPLY 39.30 $
APA26000087 ALL AMERICAN ASPHALT 193,239.50
APA26000088 BLAIS & ASSOCIATES, INC. 3,250.00
APA26000089 CA BUILDING STANDARDS COMMISSION 1,561.81
APA26000090 CALIFORNIA, DIVISION OF THE STATE ARCHITECT 336.00 APA26000091 CDW GOVERNMENT, INC. 222.80
APA26000092 CED LAGUNA 172.40
APA26000093 CORODATA RECORDS MANAGEMENT, INC. 153.80
APA26000094 COTTER CONSTRUCTION, INC. 191,000.00
APA26000095 COUNTY OF RIVERSIDE DEPT. OF ENVIRONMENTAL HEALTH 170.00 APA26000096 COUNTY OF RIVERSIDE DEPT. OF ENVIRONMENTAL HEALTH 170.00 APA26000097 COUNTY OF RIVERSIDE DEPT. OF ENVIRONMENTAL HEALTH 170.00 APA26000098 COUNTY OF RIVERSIDE DEPT. OF ENVIRONMENTAL HEALTH 170.00 APA26000099 COUNTY OF RIVERSIDE, AUDITOR CONTROLLER / GAD-LAFCO 10,599.49 APA26000100 CR&R, INC. 3,993.94
APA26000101 CR&R, INC. 4,671.97
APA26000102 DAVID TURCH & ASSOCIATES 3,500.00
APA26000103 DEPARTMENT OF CONSERVATION 4,031.97
APA26000104 DIRECTV 157.99
APA26000105 EGP CONSULTING, INC. 12,162.12
APA26000106 EMBROIDERY & MORE, INC. 358.88
APA26000107 EPROVAL 25,000.00
APA26000108 EWING 2,000.06
APA26000109 EXCEL LANDSCAPE, INC. 30,511.47
APA26000110 FEHR & PEERS 2,945.00
APA26000111 FREEDOM FOREVER 129.76
APA26000112 FRONTIER CALIFORNIA - INTERNET 100.48
APA26000113 FRONTIER CALIFORNIA, INC. 90.53
APA26000114 GLENN LUKOS ASSOCIATES, INC. 93.90
APA26000115 HARDING, JUSTIN 178.65
APA26000116 HELIX ENVIRONMENTAL PLANNING INC. 11,218.75 APA26000117 HEYDAY 10,450.00
APA26000118 INNOVATIVE DOCUMENT SOLUTIONS 106.58
APA26000119 INTERSTATE STRIPING, INC. 2,924.00
APA26000120 LAI GROUP 32.63
APA26000122 LAND IQ, LLC 1,202.50
APA26000123 LIUNA LOCAL 777 720.00
APA26000124 LSA ASSOCIATES, INC. 18,337.25
APA26000125 MADRIGAL, VIRGIL 500.00
APA26000126 MAXXUM SECURITY 6,300.00
APA26000127 MIG 22,180.75
Attachment 2 1 OF 3
JULY 14, 2025 TO JULY 20, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA26000128 MORTON PEST CONTROL INC 1,555.00
APA26000129 PRESS-ENTERPRISE, THE 7,056.89
APA26000130 QUINN COMPANY 2,264.69
APA26000131 RIVERSIDE COUNTY FOUNDATION OF AGING, INC 7,000.00 APA26000132 RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY 16,984.00 APA26000133 RP LANDSCAPE & IRRIGATION 73,589.85
APA26000134 RSG, INC. 4,795.00
APA26000135 SCOTT FAZEKAS & ASSOCIATES, INC. 3,833.26
APA26000136 SOUTHERN CALIFORNIA EDISON CO. 194.32
APA26000137 SOUTHERN TIRE MART, LLC 9,263.06
APA26000138 SPENCER, DARLENE 16.00
APA26000139 TENA, BRITTNI 3,580.66
APA26000140 TRB AND ASSOCIATES, INC. 2,975.58
APA26000141 UTILITY COST MANAGEMENT LLC 8,813.07
APA26000142 VERIZON WIRELESS (#1) 6,708.50
APA26000143 VERIZON WIRELESS (#2) 9,800.82
APA26000144 VULCAN MATERIALS COMPANY 238.59
APA26000145 WAXIE SANITARY SUPPLY 1,089.37
9543 AK SECURITY ALARM LLC 122,122.65
9544 ALLIANT INSURANCE SERVICES, INC. 1,379.00
9545 AMAZON BUSINESS 1,876.31
9546 AMERICAN MATERIAL COMPANY 4,939.93
9547 ARELLANO ASSOCIATES 362.62
9548 BUREAU VERITAS NORTH AMERICA, INC. 9,186.15
9549 CM WASH EQUIPMENT 6,084.36
9550 COMMERCIAL DOOR COMPANY, INC. 2,729.64
9551 DOWNS ENERGY 6,340.35
9552 ENDRESEN DEVELOPMENT, INC. 10,680.00
9553 ENDRESEN DEVELOPMENT, INC. 10,680.00
9554 ENDRESEN DEVELOPMENT, INC. 6,760.00
9555 ENDRESEN DEVELOPMENT, INC. 10,680.00
9556 ENDRESEN DEVELOPMENT, INC. 10,680.00
9557 ENDRESEN DEVELOPMENT, INC. 576.00
9558 ENDRESEN DEVELOPMENT, INC. 17,400.00
9559 ENDRESEN DEVELOPMENT, INC. 7,497.05
9560 ENDRESEN DEVELOPMENT, INC. 8,471.02
9561 ENGINEERING RESOURCES OF SO CA 1,572.50
9562 ENGINEERING RESOURCES OF SO CA 7,900.50
9563 FLOCK SAFETY 50,000.00
9564 HI-WAY SAFETY, INC. 2,410.55
9566 LEIBOLD, MCCLENDON & MANN, PC 72,354.00
9567 LYNN MERRILL AND ASSOCIATES, INC. 1,491.83
Attachment 2 2 OF 3
JULY 14, 2025 TO JULY 20, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
9568 MURPHY & EVERTZ LLP 2,034.50
9569 MURPHY & EVERTZ LLP 1,500.50
9570 MURPHY & EVERTZ LLP 2,338.00
9571 MURPHY & EVERTZ LLP 3,456.60
9572 PRECISION CONCRETE CUTTING 6,311.50
9573 PRUDENTIAL OVERALL SUPPLY 1,724.47
9574 SECURITAS SECURITY SERVICES USA, INC. 3,196.80
9575 SECURITAS SECURITY SERVICES USA, INC. 3,503.16
9576 SOUTHERN CALIFORNIA GAS CO. 592.76
9577 SOUTHERN CALIFORNIA MULCH, INC. 9,450.00
9578 SOUTHERN CALIFORNIA MULCH, INC. 12,250.00
9579 SOUTHWEST ICE MACHINES 982.14
9580 SPICER CONSULTING GROUP 100,731.78
9584 TOM DODSON & ASSOCIATES 6,370.00
9585 WILMINGTON TRUST, NATIONAL ASSOCIATION 58,312.92
9586 WKE, INC. 1,109.27
9587 YUNEX, LLC 3,328.00
143840 CALIFORNIA JPIA 25.00
143841 CALIFORNIA JPIA 10.00
143842 DE VRIES, DAVID 112.21
143843 PETTY CASH - CITY OF LAKE ELSINORE 679.31
DFT260029 TASC 12,910.96
DFT260030 INTERNAL REVENUE SERVICE 134,174.03
DFT260031 INTERNAL REVENUE SERVICE 198.50
DFT260032 FRANCHISE TAX BOARD 28,293.81
DFT260033 FRANCHISE TAX BOARD 804.37
DFT260034 PAYCHEX OF NEW YORK, LLC 2,187.90
DFT260035 STATE DISBURSEMENT UNIT 134.30
DFT260036 STATE DISBURSEMENT UNIT 245.53
DFT260037 NATIONWIDE TRUST COMPANY, FSB 1,924.93
DFT260038 MISSION SQUARE RETIREMENT 8,628.01
DFT260039 MISSION SQUARE RETIREMENT 549.20
PR07172025 NET PAYROLL 362,109.27
GRAND TOTAL 1,869,267.13 $
Attachment 2 3 OF 3
7)
CC Warrant Report Dated July 21, 2025 to July 27, 2025
Receive and file.
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:August 12, 2025
Subject:CC Warrant Report Dated July 21, 2025 to July 27, 2025 Recommendation
Receive and file.
Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.
Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
Administrative Services
JULY 21, 2025 TO JULY 27, 2025 CITY OF LAKE ELSINORECITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 1,994,546.12 $
110 GAS TAX 4,838.75
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 47,440.02 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 7,900.16 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 177.26 180 LAUNCH POINTE 25,489.39
305 INFORMATION SYSTEMS SERVICE 38,730.24
315 FLEET SERVICE 363,402.44
320 FACILITIES SERVICE 1,274.78
331 CFD 2006-1 IA-CC SUMMERLY IMPROVEMENT 2,000.00
500 CAPITAL IMPROVEMENT PLAN 305,157.86
608 TRUST DEPOSITS 10,080.64
617 HOUSING 24,507.65
620 COST RECOVERY TRUST DEPOSITS 97,829.64
GRAND TOTAL 2,923,374.95 $
Attachment 1 1 of 1
JULY 21, 2025 TO JULY 27, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA26000146 AAA CONSTRUCTION SERVICES, INC 17,325.00 $
APA26000147 ACTION GAS & WELDING SUPPLY 28.75
APA26000148 AMBER AIR CONDITIONING, INC. 96,278.16
APA26000149 ANGLER CHRONICLES, LLC 8,000.00
APA26000150 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 4,263.00 APA26000151 AZTECA CLEANING SERVICES LLC 8,742.08
APA26000152 BIO-TOX LABORATORIES 2,937.81
APA26000153 CARAHSOFT TECHNOLOGY CORPORATION 5,794.74
APA26000154 CED LAGUNA 8,741.53
APA26000155 CHARTER COMMUNICATIONS 57.64
APA26000156 CHARTER COMMUNICATIONS 57.64
APA26000157 CHARTER COMMUNICATIONS 999.22
APA26000158 COMMUNITY WORKS DESIGN GROUP 15,776.25
APA26000159 COSTCO WHOLESALE 130.00
APA26000160 COUNTY OF RIVERSIDE, EXECUTIVE OFFICE 197,414.00 APA26000161 DIAMOND VALLEY TOWING & RECOVERY 29,760.00
APA26000162 ENVIRONMENTAL SCIENCE ASSOCIATES 12,490.69
APA26000163 EXCEL LANDSCAPE, INC. 4,585.85
APA26000164 FACILITRON 4,200.00
APA26000165 FCS INTERNATIONAL, INC 6,632.00
APA26000166 FERGUSON 2,154.90
APA26000167 FRANCIS, MICHAEL J., MAI 4,950.00
APA26000168 FRONTIER CALIFORNIA - INTERNET 296.36
APA26000169 FRONTIER CALIFORNIA, INC. 79.03
APA26000170 GODOY, FERNANDO 7,507.04
APA26000171 GUIDA SERVEYING, INC. 4,700.00
APA26000172 JOLLY JUMPS 4,056.00
APA26000173 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 840.00 APA26000174 LIEBERT CASSIDY WHITMORE 4,890.00
APA26000175 ORANGE DESIGN & BUILDS INC 2,573.60
APA26000176 QUALTRICS INTERNATIONAL, INC 18,500.00
APA26000177 QUINN COMPANY 3,359.70
APA26000178 RAMIREZ, RAUL 102.75
APA26000179 RAPID FIRE SAFETY & SECURITY LLC 79,930.53
APA26000180 RIVERSIDE UNIVERSITY HEALTH SYSTEM 1,200.00 APA26000181 SAFETY-KLEEN SYSTEMS, INC. 266.76
APA26000182 SAN DIEGO ICE COMPANY, INC. 603.40
APA26000183 SOUTHERN CALIFORNIA EDISON CO. 8,142.31
APA26000184 STC TRAFFIC, INC. 4,810.00
APA26000185 T-MOBILE USA, INC. 115.00
APA26000186 TOTAL CLEAN 358,849.99
Attachment 2 1 OF 2
JULY 21, 2025 TO JULY 27, 2025 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA26000187 ULTIMATE SIGNS & GRAPHICS 1,044.00
APA26000188 UNIFIRST CORP 386.58
APA26000189 VIDEO APPROACH 4,405.00
APA26000190 WILLDAN 1,365.00
9588 AK SECURITY ALARM LLC 12,089.41
9589 AMAZON BUSINESS 5,413.04
9590 CM WASH EQUIPMENT 961.90
9591 COTTER CONSTRUCTION, INC. 7,200.00
9592 DOWNS ENERGY 4,285.69
9593 ENDRESEN DEVELOPMENT, INC. 576.00
9594 ENDRESEN DEVELOPMENT, INC. 18,306.39
9595 GENERAL UPHOLSTERY 3,087.75
9596 HDR ENGINEERING, INC. 74,114.54
9597 KPA SERVICES, LLC 892.70
9598 LEIBOLD, MCCLENDON & MANN, PC 64,417.87
9599 PALMS PARK LLC 4,000.00
9600 RIGHTWAY SITE SERVICES, INC. 5,222.11
9601 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 1,587,403.52 9602 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 4,133.11 9603 SEARLE CREATIVE GROUP LLC 9,270.00
9604 SECURITAS SECURITY SERVICES USA, INC. 3,196.80
9605 SIGNATURE SYSTEMS GROUP, LLC 91,140.00
9606 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
9607 WKE, INC. 4,291.85
9608 YUNEX, LLC 37,987.60
143845 COSTIN, TREVOR 64.92
143846 EVMWD 43,162.23
143849 KEYSER, KEVIN 13.04
DFT260024 FRONTIER CALIFORNIA - INTERNET 802.17
GRAND TOTAL 2,923,374.95 $
Attachment 2 2 OF 2
8)
Public Works Construction Agreement with Van Engineering Inc. for the Construction of the Parking Lot Project (CIP Project No. Z40037)
Approve and authorize the City Manager to execute the Public Works Construction Agreement with Van Engineering, Inc. in an amount not to exceed $526,292.00 in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $52,692.00; and authorize the City Manager to accept the improvements into the City Maintained System and the City Clerk to file the Notice of Completion with the County Recorder for the listed project.
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:August 12, 2025
Subject:Public Works Construction Agreement with Van Engineering Inc. for the Construction of the Parking Lot Project (CIP Project No. Z40037) Recommendation
Approve and authorize the City Manager to execute the Public Works Construction Agreement with Van Engineering, Inc. in an amount not to exceed $526,292.00 in such final form as approved by the City Attorney; authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $52,692.00; and authorize the City Manager to accept the improvements into the City Maintained System and the City Clerk to file the Notice of Completion with the County Recorder for the listed project.
Background
Staff contracted Engineering Resources of Southern California Inc. to design the parking lot and maximize the usability of the former railroad easement behind City Park. The project will utilize the vacated railroad easement at the rear of City Park, transforming underutilized land into valuable community infrastructure with 40 parking spaces for automobiles.
Discussion
In short, the significant elements of the Parking lot project will include excavation, grading, retaining wall, asphalt, biofilter wetland, and striping. Additionally, the project will include reconstructing an ADA-accessible sidewalk through the park. The construction of the parking lot will provide 40 additional parking spaces, improving public access to both the park and businesses along Main Street.
Van Engineering – Parking Lot Project
The bid document was prepared and advertised on May 21, 2025. On or before June 18, 2025, the bid deadline, seven bids were submitted on PlanetBids. The seven bidders with amounts are listed below:
Name Address Amount
Van Engineering
36520 Villa Del Sol
Wildomar, California 92595
$526,292.00
Metrocell Construction Inc
1166 Mildred St
Ontario, California 91761
$539,000.00
Roadway Engineering &
Construction Corp.
3121 Indian Ave
Perris, California 92571
$586,600.00
Deark E&C, Inc
1335 W. Valencia Dr. Ste P
Fullerton, California 92833
$641,500.00
E2 Contracting
306 W. Katella
Orange, California 92867
$941,694.00
Heed Engineering
Fairfield
Foothill Ranch, California 92610
$956,000.00
SAS Constructions
301 West Dyer Road, Unit D
Santa Ana, California 92707
$1,225,000.00
Following the public opening of the bids in PlanetBids, the 5th highest bidder, E2 Contracting from Orange, California, at $941,694.00, filed a bid protest with the City on June 24, 2025. The bid protest alleges the low bidder failed to list a subcontractor for the project scope. Staff thoroughly reviewed, researched, and consulted with the City’s design and construction resources to determine that the protest has no merit. For your reference, the City’s bid protest denial response (with E2 Contracting protest letter) is attached herein (Attachment C).
Fiscal Impact
This project (CIP Project Z40037) is included in the Fiscal Year 25/26 – 29/30 Capital Improvement Plan (CIP) budget. Funding is provided through Community Development Block Grant (CDBG) funds, ensuring no additional financial burden on the City’s general fund.
Attachments
Attachment 1 – Agreement
Attachment 2 - PlanetBids Bid Summary
Attachment 3 - Bid Protest Response w/E2 Contracting Protest Letter Administrative Services
1 Agreement No.Click or tap here to enter text.
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Van Engineering, Inc.
For the
CIP PROJECT NO. Z40037
City Park Improvements I & II
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of August 12, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City”) and Van Engineering, Inc. a corporation (“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:
CIP PROJECT NO. Z40037
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Engineering Resources of Southern California, Inc. are identified as:
City Park Parking Lot
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 five hundred twenty-six thousand two hundred ninety-two dollars ($526,292.00). 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 2 hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3. Completion of Work.
a. Contractor shall perform all work within 80 working days from the date of commencement specified in the Notice to Proceed and shall complete all work within eighty (80) working days, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents.
d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Fifteen Hundred Dollars ($1,500) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work.
4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claims against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.
The Director of Public Works 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 3 Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.
5. Special Federal Requirements
a. Contractor and Owner do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.
b. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
c. Contractor shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276, a-5) and the implementation regulations thereof. Contractor shall comply with the U.S.
Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010).
d. Contractor acknowledges that work under this contract is subject to the payment of prevailing wages pursuant to Section 1770 and 1773 et seq. of the Labor Code of the State of California, the Director of Industrial Relations (State Prevailing Wages), and the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (Davis-Bacon Act Prevailing Wages). The Contractor to whom the contract is awarded, and all subcontractors under him, shall pay the higher of the Federal or State prevailing wage rate for any given classification employed in the performance of this contract.
e. Contractor acknowledges that the applicable Wage Determination for this project is:
General Decision Number: CA20250025
Modification Number: 7
Date: 06/06/2025
6. Section 3 Compliance: The Contractor hereby acknowledges that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 135] and agrees to the following:
a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 4 b. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
d. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
g. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b).
7. Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and 2 CFR Part 200. Contractor, sub-contractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applicable requirements as follows:
5 a. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause. b. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.
c. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis- Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.
d. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333: Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not 6 apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. e. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD. f. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).
g. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).
h. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. i. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. j. Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces.
Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.
k. Access to Records and Records Retention: The Consultant or Contractor, and any sub- consultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The 7 Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement. l. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same. m. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871). n. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
8. 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.
9. 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.
10. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 as of March 1, 2015, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor.
Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.
11. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and Riverside County and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation 8 of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
12. 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. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage [if applicable]. 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 9 Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A: VII and shall be endorsed with the following specific language:
i. The City and Riverside County, 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 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.
13. 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.
14. If to City: City of Lake Elsinore with a copy to: City of Lake Elsinore Attn: City Manager Attn: City Clerk
130 South Main Street 130 South Main Street
Lake Elsinore, CA 92530 Lake Elsinore, CA 92530
10 to Contractor: Van Engineering, Inc.
Attn: Sara Sanders
36520 Villa Del Sol
Wildomar, CA 92595
15. 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.
16. 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.
17. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The Director of Public Works shall act as the Project administrator on behalf of the City.
11 24. 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.
25. 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.
26. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request.
b. Contractor’s attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State’s wage and the hours laws will be enforced. c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age.
12 1810.
e. Eight hours labor constitutes a legal day’s work, as set forth in Labor Code Section
27. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONTRACTOR”
Van Engineering, Inc.
By: Click or tap here to enter text.
Its: Click or tap here to enter text.
9)
Amendment No. 1 to Representation Letter (Rutan & Tucker, LLP) Approve and authorize the City Manager to execute Amendment No. 1 to the Representation Letter with Rutan & Tucker, LLP to provide Special Counsel services to the City in such final form as approved by the City Attorney.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:David Mann, Acting City Attorney
Date:August 12, 2025
Subject:Amendment No. 1 to Representation Letter (Rutan & Tucker, LLP) Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Representation Letter with Rutan & Tucker, LLP to provide Special Counsel services to the City in such final form as approved by the City Attorney.
Background
The City entered into Representation Letter dated as of November 23, 2024 with the law firm of Rutan & Tucker, LLP to provide special counsel services in connection with pending litigation involving the Lake and Mountain project (DS & RS Investment LLC v. City of Lake Elsinore; Riverside Superior Court Case No. CVME2402627) (the “Pending Litigation”).
Discussion
Rutan & Tucker, LLP has provided excellent services and has been a key partner with the City Attorney’s office in diligently representing the City in the Pending Litigation. Continued legal services are necessary to bring the Pending Litigation to completion and to implement applicable agreements, if any, approved by the City Council. The only modification to the original Representation Letter is authorization by the City Council for continued services in excess of the City Manager’s contracting authority. All other terms and conditions for legal services remain the same.
Fiscal Impact
General Fund monies have been budgeted for legal services and will be used to pay for these services.
Amendment No. 1 to Representation Letter (Rutan & Tucker, LLP)
1 7
6 6
Attachments
Attachment 1 - Representation Letter
Attachment 2 - Amendment No. 1
William H. Ihrke
Direct Dial: (714) 338-1863
E-mail: [email protected]
November 23, 2024
R u t a n & Tu c k e r , L L P | 1 8 5 7 5 J a mb o r e e R o a d, 9 th F l o o r I r v i n e, C A 9 2 6 1 2 | 7 1 4- 6 4 1- 5 1 0 0 | Fa x 7 1 4- 546 -9 0 3 5 O r a n g e C o u n ty | P a lo A lto | S a n F ra n c is c o | Sc o t ts d a le | w w w . ru ta n . c o m 698/099999-0084
21480786.1 a11/23/24
VIA ELECTRONIC MAIL
Jason Simpson, City Manager
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
c/o Barbara Leibold, City Attorney
Re: Representation Letter
Dear Mr. Simpson:
Thank you for asking Rutan & Tucker, LLP to provide legal services. This letter sets forth our proposal for the basic terms of the engagement and the arrangement for fees and costs that will apply to the engagement.
If you have any questions about these provisions, or if you would like to discuss possible modifications, do not hesitate to call. Otherwise, if you agree, please sign the enclosed copy of this letter in the space provided below. We are pleased to have the opportunity to serve you.
1. Client; Scope of Representation. Our client in this matter will be the City of Lake Elsinore. We will be engaged to represent the City in connection with litigation entitled “DS & RS Investment LLC v. City of Lake Elsinore,” Riverside Superior Court Case No. CVME2402627.
You may limit or expand the scope of our representation from time to time, provided that we must agree to any substantial expansion or limitation of the representation. The firm will perform these services, will take reasonable steps to keep you inform ed of progress, respond to your inquiries, and will consult with you as necessary. This letter covers all preliminary work we have already performed, as well as future services we will perform.
2. Duties of Client. You agree to timely provide us such information, assistance and cooperation as is necessary for us to effectively perform our services and to timely pay our bills for fees, costs and expenses as further described herein.
3. General Terms; Fees and Expenses . To assist you in understanding our billing practices and other general terms, enclosed is a copy of our current Policy on Professional Fees and General Terms of Engagement (the “General Terms”). The General Terms are incorporated in this letter. The General Terms describe the ranges of hourly rates for our attorneys and paraprofessionals and our policies regarding reimbursement of costs and expenses. We have agreed to the hourly special counsel rates as follows: $395 per hour for Bill Ihrke, as lead attorney,
Jason Simpson, City Manager
November 23, 2024
698/099999-0084
21480786.1 a11/23/24
and for any other partners who may work on the matter after receiving authorization from the Lake Elsinore City Attorney; $365 per hour for all associates; and $200 for all paralegals . Bill Ihrke will be the lead working partner, and will be assisted by Denise Mester and potentially other associates, as needed.
4. Billing. We will submit monthly billings describing the services performed, the date services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. Services will be billed in increments of one-tenth (1/10th) of an hour.
Invoices may be submitted electronically to [email protected] with a copy to City Attorney Barbara Leibold at [email protected]. We acknowledge that City Council approval will be required in the event total compensation hereunder exceeds $30,000. In order to allow for preparation of amendment to this Representation Letter and presentation to the City Council at a regularly scheduled meeting, we will notify the City Attorney when total compensation is likely to exceed $30,000.
5. Term of Engagement . In accordance with the General Terms, either of us may terminate the engagement at any time for any reason by written notice, subject on our part to applicable Rules of Professional Conduct.
6. Retainer. It is customary under certain circumstances that we receive a retainer as an advance against fees, costs and expenses prior to commencing work on the matter. We have not, however, requested a retainer for the initial representation in this matter. It occasionally may be appropriate to require a retainer or an additional retainer (as the case may be) after the commencement of the engagement, or to require an increase in a retainer, depending on, among other things, your payment history or on the scope of the work. For example, before a trial, we may require a retainer sufficient to cover expected fees, costs and expenses. We also customarily request an advance retainer for the purpose of paying substantial out -of-pocket costs we incur on your behalf. Any retainer received by this firm will be held in our trust account as security for your payment of all amounts owing to us and applied to the final billing in the matter. It may also be applied before the final billing to out-of-pocket costs and expenses which must be advanced on your behalf or to unpaid fees in our discretion.
7. Binding Arbitration. We appreciate the opportunity to serve as your attorneys and anticipate a productive, harmonious relationship. If you become dissatisfied for any reason with the services we have performed, the fees charged, or any other aspect of the attorney -client relationship, we encourage you to bring that to our attention immediately. Similarly, if we perceive a problem with the representation, we will discuss it with you. Most such problems can be rectified by communication and discussion. A lthough in our experience disputes of any type are rare, a dispute conceivably could arise between us which cannot be resolved by discussion or negotiation.
We believe such attorney -client disputes are most satisfactorily resolved through binding arbitration rather than by litigation in court.
Jason Simpson, City Manager
November 23, 2024
698/099999-0084
21480786.1 a11/23/24
Arbitration is, as you likely know, a process by which both parties to a dispute agree to submit the matter to a retired judge or other arbitrator who has expertise in the area and to abide by the arbitrator’s decision, instead of litigating in court. In arbitration, there is no right to a trial by jury and the arbitrator’s legal and factual determinations are generally not subject to appellate review. Arbitration rules of evidence and procedure are often less formal and rigid than in a court trial. Arbitration often results in a decision much more quickly than proceedings in court, and the attorneys’ fees and other costs incurred by both sides are often substantially less.
Both the United States and California Supreme Courts have endorsed arbitration as an accepted and favored method of resolving disputes, because it is economical and expeditious.
Arbitration is also less acrimonious and more confidential than traditional l itigation and is, therefore, particularly suited to resolution of disputes between attorneys and their clients.
Your agreement to arbitrate disputes is not a condition of our agreeing to represent you, and if you do not wish to agree to arbitrate, then you should advise me before signing the copy of this letter, so we can delete this section of the agreement. You are free to discuss the advisability of arbitration with us or your independent counsel or any of your other advisors.
By signing this agreement, you agree that if any dispute arises out of or relating to this agreement, our relationship, or the services performed by us (including but not limited to any disputes regarding our fees and expenses and any failure by you to pay such fees and expenses in accordance with this agreement, claims of professional negligence, breach of contract or fiduciary duty, fraud or any claim based upon a statute), such dispute shall be resolved by submission to final and binding arbitration in Orange County, California, before a retired judge or justice of the California Superior Court or a higher court. Please be advised that by agreeing to binding arbitration, you are waiving any right to a jury trial on any such dispute. If you and we are unable to agree on a retired judge or justice, each party will name one retired judge or justice and the two named persons will select a neutral judge or justice who will act as the sole arbitrator. Should you elect to have any fee dispute arbitrated pursuant to non-binding arbitration under statutory or case law (including your rights to request mandatory fee arbitration under the rules of the Orange County Bar Association), then such non -binding arbitration shall determine only the issue of the amount of fees properly chargeable to you. Any other claims or disputes between us, including claims for professional negligence, shall remain subject to binding arbitration pursuant to this agreement. In the event of such an arbitration, the parties shall be entit led to take discovery in accordance with the provisions of the California Code of Civil Procedure, but either party may request that the arbitrator limit the amount or scope of such discovery, and in determining whether to do so, the arbitrator shall balan ce the need for the discovery against the parties ’ mutual desire to resolve disputes expeditiously and inexpensively.
8. Conflicts in this Matter . We cannot, without appropriate consents, represent any party if there is a conflict of interest with any of our other clients. In order to avoid conflicts of interest among our clients, we maintain an index of relevant names. In connection with this matter,
Jason Simpson, City Manager
November 23, 2024
698/099999-0084
21480786.1 a11/23/24
we have searched our index for the following names: (i) the City of Lake Elsinore as potential client(s) and (ii) DS & RS Investment LLC and JSVP Investment LLC as potential adverse parties.
We have not discovered any conflict which requires further action before undertaking our representation. Please advise us, at or before the time you return the signed copy of this letter, if you know of any other individual s or entities which may be involved in this matter. In addition, please inform us at once if you learn in the future of other persons or entities who may be involved so we can make a conflict of interest search with respect to them.
9. Conflicts Waiver. In undertaking this representation, our objective is to represent you to the best of our ability without forfeiting the continuing representation of our general clients.
One purpose of this letter, therefore, is to avoid our disqualification from repre senting clients which we represent on a more general basis or which we regularly represent in particular matters or controversies. Given the limited nature of our representation, there are certain conditions to our engagement which we woul d like to explain to you and to which we would like to secure your approval and consent. Rutan & Tucker , LLP is a large law firm which has represented, and continues to represent, many different corporate and individual clients with various interests in numerous industries. It is possible that, during the time we are representing your interests in this matter, you may become involved in transactions and/or disputes in which your interests are adverse to those of one of the firm’s present or future clients. Therefore, as a specific condition to our undertaking your representation, you understand and agree that this firm may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially rela ted to our work for you even if the interests of such clients in those other matters are directly adverse to your interests. We agree, however, that your prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained proprietary or other confidential information of a nonpublic nature, that, if known to such other client, could be used in any such other matter by such client to your material disadvantage.
Please be aware that you have the right to obtain the advice of independent counsel regarding the terms of this agreement, and you should feel free to do so.
This letter and the attached General Terms constitute the entire agreement between you and Rutan & Tucker, LLP with respect to our engagement. No prior oral or written understanding shall be of any force or effect with respect to these matters. This agreement may not be modified, except by a document in writing executed by both parties. A waiver of any party of any breach of any of the conditions, terms or time requirements under this letter shall not be construed as a waiver of any succeeding breach. T his letter may be executed in multiple counterparts, each of which shall be deemed an original.
Please review this letter and the General Terms attached hereto carefully. If the terms and conditions of our representation and the billing arrangements under this agreement meet with your
698/099999-0084
21480786.1 a11/23/24 -1- UPDATED AS OF: JANUARY 3, 2024
POLICY ON PROFESSIONAL FEES
AND
GENERAL TERMS OF ENGAGEMENT
Professional Fees and Billing Procedures.
Experience has shown that the attorney -client relationship works best when there is a mutual understanding about fees and payment terms. The following is intended to explain briefly our present billing policies and procedures. These policies and procedur es are subject to change.
We encourage you to discuss with us at any time any questions you might have concerning these policies and procedures.
Unless otherwise agreed in writing by you and us, our professional fees will be based on the hourly rates of the attorneys and paraprofessionals working on your matter(s). Our hourly rates for attorneys and paraprofessionals are adjusted from time to time and generally as of January 1st of each year. Adjustments in billing rates will be reflected in the invoice for legal services which constitutes our written notice to you. The current hourly billing rates for attorneys and paraprofessionals at the firm for 2024 are as follows: (i) partners range from $345.00 to $1,200.00 per hour, (ii) associates range from $310.00 to $750.00 per hour and (iii) paralegals, law clerks, legal interns, legal assistants, document clerks and other paraprofessionals range from $75.00 to $355.00.
Rutan & Tucker, LLP bills its clients for costs advanced on a client’s behalf, such as filing fees, transcript and deposition fees, reasonable travel expenses, and expert witness fees. The firm also charges for certain costs and expenses incurred on behalf of clients such as long -distance telephone calls, facsimile and tel ecopier transmissions, copying, scanning, printing, postage, mileage, messengers, and computerized research. Notwithstanding the foregoing, we may forward to you large disbursement invoices for your direct payment to the supplier.
We make every effort to include disbursements in the statement for the month in which the disbursements are incurred. Some disbursements, however, may not be available to us until the following months, in which case a subsequent statement may be rendered to you for these additional charges, or an estimated amount may be included in the initial billing and an adjustment made when the actual disbursement information is available.
In the absence of other arrangements, our billing statements ordinarily will be rendered to you on a monthly basis.
Our billing statements are due and payable upon receipt. We ask and expect payment of our statements on a current basis, as delayed payment adds to our overall costs of providing services. Unless you notify us of any objection to any such billing stateme nt (specifically describing the basis for such objection), within thirty (30) days after the date we send the billing statement to you, we will presume that you have no objection to the amounts set forth in the billing statement. If any statement remains unpaid for more than thirty (30) days after the date the statement is sent by this firm, interest may be added at the rate of 10% per annum on the unpaid balance.
698/099999-0084
21480786.1 a11/23/24 -2- UPDATED AS OF: JANUARY 3, 2024
Unless specifically agreed in writing, we cannot make any guarantee as to the amount which you will incur for attorneys’ fees and costs in any matter, as those figures will wholly depend on the time and effort required to be devoted to such matter. Any estimates of anticipated fees and costs, whether for budgeting purposes or otherwise, are, due to the uncertainties involv ed, necessarily only an approximation of potential fees and costs. Unless specifically agreed in writing, such estimates are not a maximum or minimum quotation and are not binding. The actual fees and costs will be determined in accordance with the policies described above.
General Terms.
We have been engaged to represent the person(s), company(ies) or organization(s) agreed to in writing by this firm. Unless agreed to in writing, we are not representing any of their respective members, shareholders, affiliates, subsidiaries, parent compan ies, joint ventures, officers, directors, partners, principals, investors, or employees. Accordingly, we can take on matters that may be adverse to these related parties or their legal interests, unless precluded by reason of the Rules of Professional Conduct.
Either of us may terminate the engagement at any time for any reason by written notice, subject on our part to applicable Rules of Professional Conduct. If we terminate the engagement, we will take such steps as are reasonably practicable to protect your interests in the matter(s) for which we have been engaged. If you so request, we will use reasonable efforts to suggest to you possible successor counsel and provide it with whatever documents you have provided to us, but will retain materials that we have generated, as noted below.
Unless previously terminated, our representation of you in any matter will terminate upon our sending to you our final invoice for services rendered for such matter. Upon the termination of such representation, our own lawyer work product documents, notes and files (the “Work Product Files”) pertaining to your matter will be retained by the firm. Your documents, property and files that are not Work Product Files (the “Client Files”) will be, at your request, returned to you upon the termination of such representation. Both the Client Files (unless otherwise returned to you at your request) and the Work Product Files will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents, property, files or other materials retained by us within a reasonable time after the termination of the engagement. Specifically, it is our cur rent policy to store your Client Files for a period of five (5) years and at the conclusion of such five (5) year period we will make an attempt to contact you as to the disposition of your Client Files, but if we are unable to locate you, we reserve the right to destroy such Client Files.
In the performance of our services, you may disclose personal information about individuals to us, including personal information we collect on your behalf. In doing so, you acknowledge that such disclosure is pursuant to a business purpose and not for co mmercial purposes. In performing our services, we shall not: (a) sell personal information; (b) retain, use or disclose the personal i nformation for any purpose other than for the performance of its services; (c) retain, use, or disclose personal information for commercial purposes; or (d) retain, use, or disclose per sonal information outside of our direct business relationship . We certify that we understand these restrictions and will comply with them. Notwithstanding the foregoing, we may
698/099999-0084
21480786.1 a11/23/24 -3- UPDATED AS OF: JANUARY 3, 2024
have legal and/or ethical obligations which may mandate the processing (including the collection, use, disclosure, deletion, or retention) of personal information disclosed to us by you . Rutan & Tucker, LLP shall not be liable for the processing of personal information that is, or is reasonably believed to be, necessary for: (v) compliance with a federal, state, or local law; (w) compliance with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authority; (x) cooperation with law enforcement agencies concerning conduct or activity that it believes may violate a federal, state, or local law; (y) the exercising or defending of legal claims; (z) compliance with our ethical duties. Moreover, the processing restrictions placed upon us in this paragraph shall not apply where compliance with such restriction(s) would violate an evidentiary privilege under California (or other states ’) law , and shall not prevent us from providing personal information of a n individual to a person covered by an evidentiary privilege under California (or other states’) law as part of a privileged communication. For purposes of this section, “personal information ” means information that identified, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal information does not include publicly available information, deidentified information, or aggregate consumer information.
You are engaging the firm to provide legal services in connection with specific matter(s).
After completion, changes may occur in the applicable laws or regulations that could have an impact upon your future rights and liabilities. Unless you actually en gage us after these matters have been completed to provide additional advice on issues arising from these matters, this firm has no continuing obligation to advise you with respect to future legal developments. In particular, please be advised that this f irm does not undertake to perform further actions on your behalf in connection with renewal of perfection of liens, filing of UCC continuation statements, and the like in connection with any loan related matter. Further, we do not offer the service of annuity/maintenance fee payments with respect to patent prosecution.
We have made no representations, promises or guarantees to you regarding the outcome of your matter. Any comments about the outcome of your matter at any time during the performance of services do not constitute promises, guarantees, or assurances, as to the outcome of your matter.
Unless otherwise agreed in a signed writing, the firm shall have no responsibility to investigate or evaluate whether insurance is available for any matter covered by this engagement or to tender any matter covered by this engagement to any insurance carrier.
If we are required to respond to a subpoena of our records relating to services we have performed for you, or testify by deposition or otherwise concerning such services, then we will take reasonable steps to consult with you as to whether you wish to sup ply the information demanded or assert objections to the extent you may properly do so. You agree to pay us for our time and costs incurred in responding to any such demand, in accordance with the provisions of this letter, including, but not limited to, time and expense incurred in search and photocopying costs, reviewing documents, appearing at depositions or hearings, and otherwise litigating issues raised by the request.
In order to maximize efficiency, please be advised that attorneys and paraprofessionals at this firm routinely use the following communications methods to the fullest extent possible:
e-mail, document transfer by computer, mobile telephones, and facsimile transfers.
698/099999-0084
21480786.1 a11/23/24 -4- UPDATED AS OF: JANUARY 3, 2024
Although not required in California, some states require that a law firm disclose the existence of errors and omissions insurance coverage applicable to the services to be rendered.
Rutan & Tucker, LLP hereby confirms the existence of such insurance cover age for the purposes of complying with such a requirement.
Duty to Preserve Relevant Evidence in the Event of Litigation or Disputes.
If you are currently involved in a dispute which has resulted or is likely to result in litigation, or if you become involved in such a dispute at a later date, please be aware that you have a legal obligation to preserve “documents and data ” potentially relevant to any such dispute. In addition to the obvious fact that we may need the evidence to help prove or defend your case, the primary reason we need to tell you about this obligation is because, if you do not take such steps, you could suffer severe sanctions in any litigation (or arbitration) that might arise. Those sanctions could include, among others, direct and substantial monetary sanctions, “issue sanctions”, resulting in a directed finding against you on certain issues in the case, or even possibly a directed judgment against you, resulting in loss of the entire case.
Compliance with the obligation to preserve all potentially relevant evidence may not be as easy as it sounds. Preservation obligations include, for example, the obligation to suspend normal document destruction routines and otherwise protect against inadv ertent deletion of evidence, especially electronic evidence. You need to notify and work with all of your employees and managerial personnel who might possess any such evidence, and consider all of the places where such evidence might be located, such as, e.g., home computers, laptop computers, cell phones, backup devices, and a wide range of other electronic devices and physical locations outside your normal offices and outside your network. You also need to evaluate the extent to which any of your agents, outside professionals, or consultants may have evidence which should be preserved.
Furthermore, all of this needs to be documented.
We ask that you coordinate with our professional staff to ensure that proper steps have been taken to preserve all potentially relevant evidence, including electronic evidence whenever litigation, or a dispute which may lead to litigation, arises. To the extent that you have qualified and sophisticated in -house personnel experienced with document preservation activities, such coordination may simply consist of providing us with the documentation reflecting the steps taken and review of that documentation and the processes reflected. To the extent you do not have such in-house capabilities, our staff can help lead you through the process. In either event, it is very important for us to confirm the steps that have been taken so that we can later both establish your compliance with the obligation to preserve potentially relevant evidence and also utilize the documentation to coordinate the efficient identification, retrieval, and production of evidence for the presentation of your case.
Please let me know if you have any questions and, in any event, please let me know who within your organization would be best to coordinate these efforts so that I can put them in touch with our staff.
3 7
7 4
6 AMENDMENT NO. 1
TO REPRESENTATION LETTER
Rutan & Tucker, LLP
Special Legal Services
This Amendment No. 1 to Representation Letter is made and entered into as of 8/12/2025, by and between the City of Lake Elsinore, a municipal corporation (“City) and Rutan & Tucker, LLP, a California limited liability partnership (“Firm”).
RECITALS
A. The City and Firm entered into that certain Representation Letter dated as of 11/23/2024 (the “Original Agreement”) for Special Counsel services in connection with pending litigation involving the Lake and Mountain project (DS & RS Investment LLC v. City of Lake Elsinore; Riverside Superior Court Case No. CVME2402627) (the “Pending Litigation”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement requires City Council approval to authorize compensation for services in an amount greater than $30,000.
C. The Firm has performed legal services pursuant to the Original Agreement and City desires Firm to continue to provide legal services requested by City to bring the Pending Litigation to completion and to implement applicable agreements, if any, approved by the City Council.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Firm agree as follows:
1. The last paragraph of Section 3, Fees and Expenses, of the Original Agreement is deleted in its entirety. Except for this change, all other terms and conditions of the Original Agreement shall remain in full force and effect and legal services will be provided by Firm to City in accordance with the terms and conditions thereof.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
City of Lake Elsinore, a municipal
corporation
Jason Simpson, City Manager
“FIRM”
Rutan & Tucker, LLP
William H. Ihrke
ATTEST:
Candice Alvarez, CMC City Clerk
APPROVED AS TO FORM:
David Mann, Acting City Attorney
10)
Appointment of City Council Subcommittees for the Development of Cultural Resources Management and Resource Agency Management Plans Appoint Mayor Brian Tisdale and Mayor Pro Tem Robert E. Magee to a Subcommittee focused on developing a Cultural Resources Management Plan, and appoint Council Members Steve Manos and Timothy J. Sheridan to a Subcommittee tasked with developing a Resource Agency Management Plan.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Jason Simpson, City Manager
Date:August 12, 2025
Subject:Appointment of City Council Subcommittees for the Development of Cultural Resources Management and Resource Agency Management Plans
Recommendation
Appoint Mayor Brian Tisdale and Mayor Pro Tem Robert E. Magee to a Subcommittee focused on developing a Cultural Resources Management Plan, and appoint Council Members Steve Manos and Timothy J. Sheridan to a Subcommittee tasked with developing a Resource Agency Management Plan.
Background
To address the complex development, environmental, and cultural considerations unique to the City of Lake Elsinore, the Mayor has proposed forming two City Council subcommittees. These subcommittees will lead efforts to proactively address issues critical to responsible growth, environmental stewardship, and tribal relations.
Cultural Resources and Resource Agency Plans Subcommittees
Discussion
Cultural Resources Management Plan Subcommittee
Mayor Tisdale has proposed that both he and Mayor Pro Tem Magee be appointed to a subcommittee dedicated to the development of a Cultural Resources Management Plan. The primary objective of this effort is to strengthen relations between the City and the Pechanga and Soboba tribal governments. By identifying shared priorities and working collaboratively, the City and tribal partners can ensure that land development plans are respectful of cultural heritage while supporting economic and community goals. This subcommittee will explore pathways to formalize agreements or frameworks that facilitate mutual understanding and long-term collaboration.
Resource Agency Management Plan Subcommittee
To address the City’s unique environmental constraints and regulatory challenges, the Mayor has also proposed appointing Council Members Steve Manos and Timothy J. Sheridan to a separate subcommittee. This group will focus on developing a Resource Agency Management Plan aimed at balancing economic development and environmental conservation. This work aligns with the goals of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the largest such plan in the nation.
Given the City's environmental complexity—proximity to the lake, surrounding hills, protected species habitats, and three major fault lines—development in Lake Elsinore requires a more nuanced and coordinated approach than other communities in the MSHCP Plan Area. This subcommittee will be tasked with initiating and strengthening partnerships with state and federal agencies to explore the possibility of a pre-approved conservation and development strategy that expedites projects while maintaining compliance with environmental standards.
The work of both subcommittees is intended to proactively address regulatory and cultural challenges that affect development, foster meaningful partnerships, and ensure a sustainable future for Lake Elsinore.
Fiscal Impact
There is no fiscal impact associated with the formation of these subcommittees at this time.
Attachments
Attachment 1 – Mayor’s List of Council Appointments to Subcommittees City Manager's Office
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/10/2025 Page 1 of 5
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
24 th 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.
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/10/2025 Page 2 of 5
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, 1
st 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
Authority Board of
Directors
(RCA)
Attn: Lisa Mobley, MMC
County Regional Complex
P. O. Box 12008
Riverside, CA 92502
Natasha
Johnson
Robert Magee
Yes
1st Monday of the month
12:30 p.m. Held at 4080
Lemon Street, (First Floor –
Board Room), Riverside
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/10/2025 Page 3 of 5
ORGANIZATION ADDRESS AND CONTACT
INFO
APPOINTED
DELEGATE
APPOINTED
ALTERNATE
File
700s
MEETING SCHEDULE
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
Brian Tisdale
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)
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
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/10/2025 Page 4 of 5
ORGANIZATION ADDRESS AND CONTACT
INFO
APPOINTED
DELEGATE
APPOINTED
ALTERNATE
File
700s
MEETING SCHEDULE
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
Edwin Castro
N/A
No
As Needed
Cultural Resources
Management Plan
City Manager’s Office Brian Tisdale
Robert Magee
N/A No As Needed
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
Brian Tisdale
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
MAYOR’S RECOMMENDED COUNCIL APPOINTMENTS LIST
January-December 2025
Council Approval: 1/10/2025 Page 5 of 5
ORGANIZATION ADDRESS AND CONTACT
INFO
APPOINTED
DELEGATE
APPOINTED
ALTERNATE
File
700s
MEETING SCHEDULE
Resource Agency
Management Plan
City Manager’s Office Steve Manos
Timothy J.
Sheridan
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
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
11)
Section 8 Project-Based Voucher Program Agreement to Enter into a Housing Assistance Payments (AHAP) Contract for New Construction; and Section 8 Project- Based Voucher Program Housing Assistance Payments Contract – New Construction Part I and II between City of Lake Elsinore and the Housing Authority of the County of Riverside for the Mary McDonald Riley Street Project
1. Approve
the
attached
form
of
the
Section
8 Project-Based
Voucher
Program
Agreement
to
Enter
into
a
Housing
Assistance
Payments
Contract
for
New
Construction
by
and
between
the
City
of
Lake
Elsinore,
a
municipal
corporation,
and
the
Housing
Authority
of
the
County
of
Riverside
(AHAP
Contract)
for
Mary
McDonald
Riley
Street
Project
located in the City of Lake Elsinore;
2. Approve
the
attached
form
of
the
Section
8 Project-Based
Voucher
Program
Housing
Assistance
Payments
Contract
-
New
Construction
or
Rehabilitation
Part
1 and
2 of
HAP Contract (HAP Contract); and
3. Authorize
the
City
Manager
or
designee,
to
execute
an
AHAP
Contract
and
a
HAP
Contract,
each
substantially
conforming
in
form
and
substance
to
the
attached
AHAP
Contract
and
HAP
Contract,
subject
to
approval
as
to
form
by
the
City
Attorney;
and
to
take
all
necessary
steps
to
implement
the
AHAP
Contract
and
HAP
Contract,
including,
but
not
limited
to,
signing
subsequent
necessary
and
relevant
documents,
subject
to
approval as to form by City Attorney.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:David Mann, Acting City Attorney
Date:August 12, 2025
Subject:Section 8 Project-Based Voucher Program Agreement to Enter into a Housing Assistance Payments (AHAP) Contract for New Construction; and Section 8 Project-Based Voucher Program Housing Assistance Payments Contract – New Construction Part I and II between City of Lake Elsinore and the Housing Authority of the County of Riverside for the Mary McDonald Riley Street Project
Recommendation
1. Approve the attached form of the Section 8 Project-Based Voucher Program Agreement to Enter into a Housing Assistance Payments Contract for New Construction by and between the City of Lake Elsinore, a municipal corporation, and the Housing Authority of the County of Riverside (AHAP Contract) for Mary McDonald Riley Street Project located in the City of Lake Elsinore;
2. Approve the attached form of the Section 8 Project-Based Voucher Program Housing Assistance Payments Contract - New Construction or Rehabilitation Part 1 and 2 of HAP Contract (HAP Contract); and
3. Authorize the City Manager or designee, to execute an AHAP Contract and a HAP Contract, each substantially conforming in form and substance to the attached AHAP Contract and HAP Contract, subject to approval as to form by the City Attorney; and to take all necessary steps to implement the AHAP Contract and HAP Contract, including, but not limited to, signing subsequent necessary and relevant documents, subject to approval as to form by City Attorney.
Mary McDonald Riley Street Project Contract Approvals
1 7
6 6
Background
The Housing Authority of the County of Riverside (HACR) awarded City of Lake Elsinore, a general law city and incorporated municipality (City), 15 Housing Choice Voucher Program (HCVP) Project Based Vouchers (PBVs) for the Mary McDonald Riley Street Project, formerly the Riley Senior Apartments (Proposed Project).
The PBVs were awarded pursuant to a competitive Request for Proposal released by the HACR pursuant to Section 21.3 of the HACR’s Administrative Plan for the HCVP and in compliance with 24 CFR 983.51 on June 2, 2023 (RFP No. 2023-110).
The City has taken the lead on developing a 15 affordable unit rental project for seniors situated on approximately 0.53 acres of City-owned land located at 200 N. Riley Street, in the City of Lake Elsinore, also identified as Assessor’s Parcel Number 374-162-063 (Property).
Pursuant to the National Environmental Policy Act (NEPA), on July 9, 2024 (Minute Order 3.12), the Riverside County Board of Supervisors adopted the Environmental Assessment prepared by the County of Riverside Housing and Workforce Solutions (HWS) as the Responsible Entity which found that the proposed project would not have a significant effect on the environment.
The Board of Commissioners of the Housing Authority of the County of Riverside approved both agreements at its July 29th meeting.
Discussion
The Proposed Project will provide a total of 16 one-bedroom apartment units, including a resident manager’s unit. The rental units will be reserved for participants who are a part of the HACR Section 8 Housing Choice Voucher Program waitlist at, or below, 30% of the area median income for the County of Riverside. The County’s Housing Authority has agreed to enter into an Agreement to Enter Into Housing Assistance Payments (AHAP) with the City. The PBVs have an estimated value of $6,886,800 over the 20-year term of the agreement and may be extended for an additional 20 years.
On-site amenities will include a BBQ and picnic area, garden area, and the Project’s namesake– the Mary McDonald Gazebo located on the northeast corner of Heald Avenue and Riley Street.
Additionally, the Proposed Project is strategically located in the City’s downtown area which provides opportunities for shared resources and services, such as the Lake Elsinore Senior Activity Center, Lake Elsinore River Walk, and Lake Community Center.
The rental assistance that the PBVs are providing the Proposed Project will have a positive impact on the residents to stabilize housing and operation of the new construction housing complex in addition to providing affordable housing to the community.
Fiscal Impact
No additional fiscal impact.
Mary McDonald Riley Street Project Contract Approvals
1 7
6 6
Attachments
Attachment 1 - HAP and AHAP Contracts
City Attorney’s Office
OMB Approval No. 2577–0169
(exp.(04/30/2026))
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
AGREEMENT TO ENTER INTO A
HOUSING ASSISTANCE PAYMENTS CONTRACT
NEW CONSTRUCTION OR REHABILITATION
PART I
OMB Burden Statement. The public reporting burden for this collection of information is estimated to average 0.25 hours, including the time for collecting, reviewing and reporting the data. The information is required to establish terms between the PHA and the owner prior to execution of a HAP contract for PBV assistance as provided in §983.152. Assurances of confidentiality are not provided under this collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Office of Public and Indian Housing, US.
Department of Housing and Urban Development, Washington, DC 20410. HUD may not conduct and sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number.
Privacy Notice. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by 24 CFR § 983.152. The information is being collected to establish the agreement between the PHA and owner prior to execution of a HAP contract for PBV assistance as provided in §983.153. The Personally Identifiable Information (PII) data collected on this form are not stored or retrieved within a system of record.
1.1 Parties
This Agreement to Enter into Housing Assistance Payments Contract (“Agreement”) is between:
___________________________________(“PHA”) and
___________________________________(“owner”).
1.2 Purpose
The owner agrees to develop the Housing Assistance Payments Contract (“HAP Contract”) units to in accordance with Exhibit B and to comply with Housing Quality Standards (“HQS”), and the PHA agrees that, upon timely completion of such development in accordance with the terms of the Agreement, the PHA will enter into a HAP Contract with the owner of the Contract units.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
Housing Authority of the County of Riverside
City of Lake Elsinore
1.3 Contents of Agreement
This Agreement consists of Part I, Part II, and the following Exhibits:
EXHIBIT A: The approved owner’s PBV proposal. (Selection of proposals must be in accordance with 24 CFR 983.51.)
EXHIBIT B: Description of work to be performed under this Agreement, including:
x if the Agreement is for rehabilitation of units, this exhibit must include the rehabilitation work write-up and, where the PHA has determined necessary, specifications and plans.
x if the Agreement is for new construction of units, the work description must include the working drawings and specifications.
x any additional requirements beyond HQS relating to quality, design and architecture that the PHA requires.
x work items resulting from compliance with the design and construction requirements of the Fair Housing Act and implementing regulations at 24 CFR 100.205, the accessibility requirements under section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.22 and 8.23, and accessibility requirements under Titles II and III of the Americans with Disabilities Act at 28 CFR parts 35 and 36, as applicable.
EXHIBIT C: Description of housing, including:
project site.
total number of units in project covered by this Agreement. x
x
locations of contract units on site.
number of contract units by area (size) and number of bedrooms and bathrooms.
x
x
services, maintenance, or equipment to be supplied by the owner without charges in addition to the rent to owner.
x
utilities available to the contract units, including a specification of utility services to be paid by the owner (without charges in addition to rent) and utility services to be paid by the tenant.
x
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
x estimated initial rent to owner for the contract units.
EXHIBIT D: The HAP contract.
1.4 Significant Dates
A. Effective Date of the Agreement: The Agreement must be executed promptly after PHA notice of proposal selection to the owner has been given. The PHA may not enter this Agreement with the owner until a subsidy layering review has been performed and an environmental review has been satisfactorily completed in accordance with HUD requirements.
B. A project may either be a single-stage or multi-stage project. A single- stage project will have the same Agreement effective date for all contract units. A multi-stage project will separate effective dates for each stage. _____ Single-stage project
i. Effective Date for all contract units:____________
ii. Date of Commencement of the Work: The date for
commencement of work is not later than ___________
calendar days after the effective date of this Agreement. iii. Time for Completion of Work: The date for completion of the work is not later than ______________calendar days
after the effective date of this Agreement.
_____ Multi-Stage Project
Enter the information for each stage upon execution of
the Agreement for the corresponding stage.
STAGE NUMBER
OF UNITS
EFFECTIVE
DATE
DATE OF
COMMENCEMENT
OF WORK
TIME FOR
COMPLETION
OF WORK
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
July 29, 2025
sixty (60)
five hundred eighty (580)
✔
1.5 Nature of the Work
_____ This Agreement is for New Construction of units to be assisted by the project-based Voucher program.
_____ This Agreement is for Rehabilitation of units to be assisted by the project- based Voucher program.
1.6 Schedule of Completion
A. Timely Performance of Work: The ow ner agrees to begin work no later than the date for commencement of work as stated in Section 1.4. In the event the work is not commenced, diligently continued and completed as required under this Agreement, the PHA may terminate this Agreement or take other appropriate action. The owner agrees to report promptly to the PHA the date work is commenced and furnish the PHA with progress reports as required by the PHA.
B. Time for Completion: All work must be completed no later than the end of the period stated in Section 1.4. Where completion in stages is provided for, work related to units included in each stage shall be completed by the stage completion date and all work on all stages must be completed no later than the end of the period stated in Section 1.4.
C. Delays: If there is a delay in th e completion due to unforeseen factors beyond the owner’s control as determined by the PHA, the PHA agrees to extend the time for completion for an appropriate period as determined by the PHA in accordance with HUD requirements.
1.7 Changes in Work
A. The owner must obtain prior PHA approval for any change from the work specific in Exhibit B which would alter the design or quality of the rehabilitation or construction. The PHA is not required to approve any changes requested by the owner. PHA approval of any change may be conditioned on establishment of a lower initial rent to owner at the amounts determined by PHA.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
✔
B. If the owner makes any changes in the work without prior PHA approval, the PHA may establish lower initial rents to owner at the amounts determined by PHA in accordance with HUD requirements.
C. The PHA (or HUD in the case of in sured or coinsured mortgages) may inspect the work during rehabilitation or construction to ensure that work is proceeding on schedule, is being accomplished in accordance with the terms of the Agreement, meets the level of material described in Exhibit B and meets typical levels of workmanship for the area.
1.8 Work completion
A. Conformance with Exhibit B: The work must be completed in accordance with Exhibit B. The owner is solely responsible for completion of the work.
B. Evidence of Completion: When the work in completed, the owner must provide the PHA with the following:
1. A certification by the owner that the work has been completed in accordance with the HQS and all requirements of this Agreement.
2. A certification by the owner that the owner has complied with labor standards and equal opportunity requirements in the development of the housing. (See 24 CFR 983.155(b)(1)(ii).)
3. Additional Evidence of Completion: At the discretion of the PHA, or as required by HUD, this Agreement may specify additional documentation that must be submitted by owner as evidence of completion of the housing. Check the following that apply:
_____
_____
A certificate of occupancy or other evidence that
the contract units comply with local requirements.
An architect’s or developer’s certification that the
housing complies with:
_____ the HQS;
_____ State, local, or other building codes;
_____ Zoning;
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
✔
✔
✔
✔
✔
_____
_____
_____
The rehabilitation work write-up for rehabilitated
housing;
The work description for newly constructed
housing; or
Any additional design or quality requirements
pursuant to this Agreement.
1.9 Inspection and Acceptance by the PHA of Completed Contract Units
A. Completion of Contract Units: Upon receipt of owner notice of completion of Contract units, the PHA shall take the following steps:
1. Review all evidence of completion submitted by owner.
2. Inspect the units to determine if the housing has been completed in accordance with this Agreement, including compliance with the HQS and any additional requirements imposed by the PHA under this Agreement.
B. Non-Acceptance: If the PHA determin es the work has not been completed in accordance with this Agreement, including non-compliance with the HQS, the PHA shall promptly notify the owner of this decision and the reasons for the non-acceptance. The parties must not enter into the HAP contract.
C. Acceptance: If the PHA determines housing has been completed in accordance with this Agreement, and that the owner has submitted all required evidence of completion, the PHA must submit the HAP contract for execution by the owner and must then execute the HAP contract.
1.10 Acceptance where defects or deficiencies are reported:
A. If other defects or deficiencies ex ist, the PHA shall determine whether and to what extent the defects or deficiencies are correctable, whether the units will be accepted after correction of defects or deficiencies, and the requirements and procedures for such correction and acceptance.
B. Completion in Stages: Where completion in stages is provided for, the procedures of this paragraph shall apply to each stage.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
✔
✔
1.11. Execution of HAP Contract
A. Time and Execution: Upon acceptance of the units by the PHA, the owner and the PHA execute the HAP contract.
B. Completion in Stages: Where completion in stages is provided for the number and types of units in each stage, and the initial rents to owner for such units, shall be separately shown in Exhibit C of the contract for each stage. Upon acceptance of the first stage, the owner shall execute the contract and the signature block provided in the contract for that stage. Upon acceptance of each subsequent stage, the owner shall execute the signature block provided in the contract for such stage.
C. Form of Contract: The terms of the contract shall be provided in Exhibit D of this Agreement. There shall be no change in the terms of the contract unless such change is approved by HUD headquarters. Prior to execution by the owner, all blank spaces in the contract shall be completed by the PHA.
D. Survival of owner Obligations: Even after execution of the contract, the owner shall continue to be bound by all owner obligations under the Agreement.
1.12 Initial determination of rents
A. The estimated amount of initial re nt to owner shall be established in Exhibit C of this Agreement.
B. The initial amount of rent to owne r is established at the beginning of the HAP contract term.
C. The estimated and initial contract rent for each units may in no event exceed the amount authorized in accordance with HUD regulations and requirements. Where the estimated initial rent to owner exceeds the amount authorized in accordance with HUD regulations, the PHA shall establish a lower initial rent tow owner, in accordance with HUD regulations and requirements.
1.13 Uniform Relocation Act
A. A displaced person must be provided relocation assistance at the levels described in and in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
(URA) (42 U.S.C. 4201-4655) and implementing regulations at 49 CFR part 24.
B. The cost of required relocation as sistance may be paid with funds provided by the owner, or with local public funds, or with funds available from other sources. Payment of relocation assistance must be paid in accordance with HUD requirements.
C. The acquisition of real property for a project to be assisted under the program is subject to the URA and 49 CFR part 24, subpart B.
D. The PHA must require the owner to comply with the URA and 49 CFR part 24.
E. In computing a replacement housing payment to a residential tenant displaced as a direct result of privately undertaken rehabilitation or demolition of the real property, the term “initiation of negotiations” means the execution of the Agreement between the owner and the PHA.
1.14 Protection of In-Place Families
A. In order to minimize di splacement of in-place families, if a unit to be placed under Contract is occupied by an eligible family on the proposal selection date, the in-place family must be placed on the PHA’s waiting list (if they are not already on the list) and, once their continued eligibility is determined, given an absolute selection preference and referred to the project owner for an appropriately sized unit in the project.
B. This protection does not apply to families that are not eligible to participate in the program on the proposal selection date.
C. The term “in-place family” means an eligible family residing in a proposed contract unit on the proposal selection date.
D. Assistance to in-place families may only be provided in accordance with the program regulations and other HUD requirements.
1.15 Termination of Agreement and Contract
The Agreement or HAP contract may be terminated upon at least 30 days notice to the owner by the PHA or HUD if the PHA or HUD determines that the contract units were not eligible for selection in conformity with HUD requirements.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
1.16 Rights of HUD if PHA Defaults Under Agreement
If HUD determines that the PHA has failed to comply with this Agreement or has failed to take appropriate action to HUD’s satisfaction or as directed by HUD, for enforcement of the PHA’s rights under this Agreement, HUD may assume the PHA’s rights and obligations under the Agreement, and may perform the obligations and enforce the rights of the PHA under the Agreement. HUD will, if it determines that the owner is not in default, pay Annual Contributions for the purpose of providing housing assistance payments with respect to the dwelling unit(s) under this Agreement for the duration of the HAP contract.
1.17 Owner Default and PHA Remedies
A. Owner Default
Any of the following is a default by the owner under the Agreement:
1. The owner has failed to comply with any obligation under the Agreement.
2. The owner has violated any obligation under any other housing assistance payments contract under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
3. The owner has committed any fra ud or made any false statement to the PHA or HUD in connection with the Agreement.
4. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing
assistance program.
5. If the property where the contract units are located is subject to a lien or security interest securing a HUD loan or mortgage insured by HUD and:
a. The owner has failed to comply with the regulations for the applicable HUD loan or mortgage insurance program, with the mortgage or mortgage note, or with the regulatory
agreement; or
b. The owner has committed f raud, bribery, or any other corrupt or criminal act in connection with the HUD loan or HUD-insured mortgage.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
6. The owner has engaged in any dr ug-related criminal activity or any violent criminal activity.
B. PHA Remedies
1. If the PHA determines that a breach has occurred, the PHA may exercise any of its rights or remedies under the Agreement.
2. The PHA must notify the owner in writing of such determination.
The notice by the PHA to the owner may require the owner to take corrective action (as verified by the PHA) by a time prescribed in the notice.
3. The PHA’s rights and remedies under the Agreement include but are not limited to: (i) terminating the Agreement; and (ii) declining to execute the HAP contract for some or all of the units.
C. PHA Remedy is not Waived
The PHA’s exercise or non-exercise of any remedy for owner breach of the Agreement is not a waiver of the right to exercise that remedy or any other right or remedy at any time.
1.18 PHA and Owner Relation to Third Parties
A. Selection and Performance of Contractor
1. The PHA has not assumed any resp onsibility or liability to the owner, or any other party for performance of any contractor, subcontractor or supplier, whether or not listed by the PHA as a qualified contractor or supplier under the program. The selection of a contractor, subcontractor or supplier is the sole responsibility of the owner and the PHA is not involved in any relationship between the owner and any contractor, subcontractor or supplier.
2. The owner must select a comp etent contractor to undertake rehabilitation or construction. The owner agrees to require from each prospective contractor a certification that neither the contractor nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contract by the Comptroller General or any federal Department or agency. The owner agrees not to award contracts to, otherwise engage in the service of, or fund any contractor that does not provide this certification.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
B. Injury Resulting from Work under the Agreement: The PHA has not assumed any responsibility for or liability to any person, including a worker or a resident of the unit undergoing work pursuant to this Agreement, injured as a result of the work or as a result of any other action or failure to act by the owner, or any contractor, subcontractor or supplier.
C. Legal Relationship: The owner is not the agent of the PHA and this Agreement does not create or affect any relationship between the PHA and any lender to the owner or any suppliers, employees, contractor or subcontractors used by the owner in the implementation of the Agreement.
D. Exclusion of Third Party Claims: Nothing in this Agreement shall be construed as creating any right of any third party (other than HUD) to enforce any provision of this Agreement or the Contract, or to assert any claim against HUD, the PHA or the owner under the Agreement or the Contract.
E. Exclusion of owner Claims against HU D: Nothing in this Agreement shall be construed as creating any right of the owner to assert any claim against HUD.
1.19 PHA-Owned Units
Notwithstanding Section 1.18 of this Agreement, a PHA may own units assisted under the project-based voucher program, subject to the special requirements in 24 CFR 983.59 regarding PHA-owned units.
1.20 Conflict of Interest
A. Interest of Members, Officers, or Employees of PHA, Members of Local Governing Body, or Other Public Officials
1. No present or former member or officer of the PHA (except tenant-commissioners), no employee of the PHA who formulates policy or influences decisions with respect to the housing choice voucher program or project-based voucher program, and no public official or member of a governing body or State or local legislator who exercises functions or responsibilities with respect to these programs, shall have any direct or indirect interest, during his or her tenure or for one year thereafter, in the Agreement or HAP contract.
2. HUD may waive this provision for good cause.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
B. Disclosure
The owner has disclosed to the PHA any interest that would be a violation of the Agreement or HAP contract. The owner must fully and promptly update such disclosures.
1.21 Interest of Member or Delegate to Congress
No member of or delegate to the Congress of the United States of America or resident-commissioner shall be admitted to any share or part of the Agreement or HAP contract or to any benefits arising from the Agreement of HAP contract.
1.22 Transfer of the Agreement, HAP Contract, or Property A. PHA Consent to Transfer
The owner agrees that the owner has not made and will not make any transfer in any form, including any sale or assignment, of the Agreement, HAP contract, or the property without the prior written consent of the PHA. A change in ownership in the owner, such as a stock transfer or transfer of the interest of a limited partner, is not subject to the provisions of this section. Transfer of the interest of a general partner is subject to the provisions of this section.
B. Procedure for PHA Acceptance of Transferee
Where the owner requests the consent of the PHA for a transfer in any form, including any sale or assignment, of the Agreement, the HAP contract, or the property, the PHA must consent to a transfer of the Agreement or HAP contract if the transferee agrees in writing (in a form acceptable to the PHA) to comply with all the terms of the Agreement and HAP contract, if the transferee is acceptable to the PHA. The PHA’s criteria for acceptance of the transferee must be in accordance with HUD requirements.
C. When Transfer is Prohibited
The PHA will not consent to the transfer if any transferee, or any principal or interested party, is debarred, suspended, subject to a limited denial of participation, or otherwise excluded under 2 CFR part 2424, or is listed on the U.S. General Services Administration list of parties excluded from Federal procurement or nonprocurement programs.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
1.23 Exclusion from Federal Programs
A. Federal Requirements
The owner must comply with and is subject to requirements of 2 CFR part 2424.
B. Disclosure
The owner certifies that:
1. The owner has disclosed to the PH A the identity of the owner and any principal or interested party.
2. Neither the owner nor any principal or interested party is listed on the U.S. General Services Administration list of parties excluded from Federal procurement and nonprocurement programs; and none of such parties are debarred, suspended, subject to a limited denial of participation, or otherwise excluded under 2 CFR part 2424.
1.24 Lobbying Certifications
A. The owner certifies, to the best of the owner’s knowledge and belief, that:
1. No Federally appropriated funds ha ve been paid or will be paid, by or on behalf of the owner, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of the Agreement or HAP contract, or the extension, continuation, renewal, amendment, or modification of the HAP contract.
2. If any funds other than Federa lly appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Agreement or HAP contract, the owner must complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
B. This certification by the owner is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
1.25 Subsidy Layering
A. Owner Disclosure
The owner must disclose to the PHA, in accordance with HUD requirements, information regarding any related assistance from the Federal government, a State, or a unit of general local government, or any agency or instrumentality thereof, that is made available or is expected to be made available with respect to the contract units. Such related assistance includes, but is not limited to, any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect assistance.
B. Limit of Payments
Housing assistance payments under the HAP contract must not be more than is necessary, as determined in accordance with HUD requirements, to provide affordable housing after taking account of such related assistance. The PHA will adjust in accordance with HUD requirements the amount of the housing assistance payments to the owner to compensate in whole or in part for such related assistance.
1.26 Prohibition of Discrimination
A. The owner may not refuse to leas e contract units to, or otherwise discriminate against, any person or family in leasing of a contract unit, because of race, color, religion, sex (including sexual orientation and gender identity), national origin, disability, age, or familial status.
B. The owner must comply with the following requirements:
1. The Fair Housing Act (42 U.S.C. 3601–19) and implementing regulations at 24 CFR part 100 et seq.;
2. Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1959–1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing Programs) and implementing regulations at 24 CFR part 107;
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
3. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d–2000d– 4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1;
4. The Age Discrimination Act of 1975 (42 U.S.C. 6101–6107) and implementing regulations at 24 CFR part 146;
5. Section 504 of the Rehabilitati on Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8;
6. Title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; 28 CFR part 35
Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964–1965 Comp., p. 339; 3 CFR, 1966–1970 Comp., p. 684; 3 CFR, 1966–1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60;
7. 8. Executive Order 11625, as amended by Executive Order 12007 (3 C FR, 1971–1975 Comp.., p. 616 and 3 CFR, 1977 Comp., p. 139) CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women’s Business Enterprise).
(Minority Business Enterprise Development); and
9. Executive Order 12138, as amended by Executive Order 12608 (3
10. HUD’s Equal Access Rule at 24 CFR 5.105.
The PHA and the owner must cooperate with HUD in the conducting of compliance reviews and complaint investigations pursuant to all applicable civil rights statutes, Executive Orders, and all related rules and regulations.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
1.27 Owner Duty to Provide Information and Access to HUD and PHA A. The owner must furnish any informat ion pertinent to this Agreement as may be reasonably required from time to time by the PHA or HUD. The owner shall furnish such information in the form and manner required by the PHA or HUD.
B. The owner must permit the PHA or HUD or any of their authorized representatives to have access to the premises during normal business hours and, for the purpose of audit and examination, to have access to any books, documents, papers, and records of the owner to the extent necessary to determine compliance with this Agreement.
1.28 Notices and Owner Certifications
A. Where the owner is required to give any notice to the PHA pursuant to this Agreement, such notice shall be in writing and shall be given in the manner designated by the PHA.
B. Any certification or warranty by th e owner pursuant to the Agreement shall be deemed a material representation of fact upon which reliance was placed when this transaction was entered into.
1.29 HUD Requirements
A. The Agreement and the HAP cont ract shall be interpreted and implemented in accordance with all statutory requirements, and will all HUD requirements, including amendments or changes in HUD requirements. The owner agrees to comply with all such laws and HUD requirements.
B. HUD requirements are requirements that apply to the project-based voucher program. HUD requirements are issued by HUD Headquarters as regulations, Federal Register notices, or other binding program directives.
1.30 Applicability of Part II Provisions — Check All that Apply ____ Equal Employment Opportunity
Section 2.1 applies only to construction contracts of more than $10,000.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
✔
____ Labor Standards Requirements
Sections 2.3, 2,7, and 2.9 apply only when this Agreement covers nine or more units.
____ Flood Insurance
Section 2.10 applies if units are located in areas having special flood hazards and in which flood insurance is available under the National Flood Insurance Program.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Part 1 of 2
Previous Editions are obsolete (04/2023)
✔
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 1 of 15
(4/2023)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
AGREEMENT TO ENTER INTO A
HOUSING ASSISTANCE PAYMENTS CONTRACT
NEW CONSTRUCTION OR REHABILITATION
PART II
OMB Burden Statement. The public reporting burden for this collection of information is estimated to average 0.25 hours, including the time for collecting, reviewing and reporting the data. This form is required to establish terms between a PHA and owner to provide housing assistance. Assurances of confidentiality are not provided under this collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Office of Public and Indian Housing, US. Department of Housing and Urban Development, Washington, DC 20410. HUD may not conduct and sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number.
2.1 Equal Employment Opportunity
A. The owner shall incorporate or cause to be incorporated into any contract in excess of $10,000 for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR chapter 60, which is to be performed pursuant to this Agreement, the following nondiscrimination clause:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, creed, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 2 of 15
(4/2023)
by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, creed, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided by or at the direction of the Government advising the labor union or workers representative of the contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The contractor of will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and with the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imported and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law.
7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 3 of 15
(4/2023)
as the Government may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Government, the contractor may request the United States to enter into such litigation to protect the interest of the United States.
B. The owner agrees to be bound by the above nondiscrimination clause with respect to his or her own employment practices when participating in federally assisted construction work.
C. The owner agrees to assist and cooperate actively with HUD and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the nondiscrimination clause and the rules, regulations, and relevant orders of the Secretary of Labor, to furnish HUD and the Secretary of Labor such information as they may require for the supervision of such compliance, and to otherwise assist HUD in the discharge of HUD’s primary responsibility for securing compliance.
D. The owner further agrees to refrain from entering into any contract or contract modification subject to Executive Order No. 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the nondiscrimination clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of Labor pursuant to the Executive Order. In addition, if the owner fails or refuses to comply with these undertakings, HUD may take any or all of the following actions; cancel, terminate, or suspend in whole or in part this Agreement; refrain from extending any further assistance to the owner under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the owner, and refer the case to the Department of Justice for appropriate legal proceedings.
2.2 Reserved
2.3 HUD—Federal Labor Standards Provisions
The owner is responsible for inserting the entire text of section 2.3 of this Agreement in all construction contracts and, if the owner performs any rehabilitation work on the project, the owner must comply with all provisions of section 2.3. (Note: Sections 2.3(b) and (c) apply only when the amount of the prime contract exceeds $100,000.)
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 4 of 15
(4/2023)
(a)(1) Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made part hereof regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) Any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 5 of 15
(4/2023)
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, D. C. 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the
recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determinations or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 6 of 15
(4/2023)
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractors under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due.
(3)(i) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 7 of 15
(4/2023)
Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD the PHA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included in weekly transmittals.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired.
Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at:
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 8 of 15
(4/2023)
or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees.(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 9 of 15
(4/2023)
individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employee and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 10 of 15
(4/2023)
individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR part 3 which are incorporated by reference in this Agreement.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in section 2.3(a)(1) through (11) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 11 of 15
(4/2023)
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section 2.3(a).
(7) Contract Terminations; Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the PHA, HUD, the U. S.
Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this Agreement, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR part 24.
(ii) No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, section 1010, Title 18, U.S.C., “Federal Housing
Administration transactions, provides in part: “Whoever, for the purpose of ...influencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both.”
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 12 of 15
(4/2023)
standards provisions of this Agreement are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Agreement to his employer.
(b) Contract Work Hours and Safety Standards Act. The provisions of this paragraph (b) are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for Unpaid Wages and Liquidated Damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 13 of 15
(4/2023)
the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.
(c) Health and Safety. The provisions of this paragraph (c) are applicable only where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous to his health and safety as established under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issue by the Secretary of Labor pursuant to Title 29 part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 14 of 15
(4/2023)
2.4 Reserved
2.5 Reserved
2.6 Reserved
2.7 Wage and Claims Adjustments
The owner shall be responsible for the correction of all violations under section
2.3, including violations committed by other contractors. In cases where there is evidence of underpayment of salaries or wages to any laborers or mechanics (including apprentices and trainees) by the owner or other contractor or a failure by the owner or other contractor to submit payrolls and related reports, the owner shall be required to place an amount in escrow, as determined by HUD sufficient to pay persons employed on the work covered by the Agreement the difference between the salaries or wages actually paid such employees for the total number of hours worked and the full amount of wages required under this Agreement, as well as an amount determined by HUD to be sufficient to satisfy any liability of the owner or other contractor for liquidated damages pursuant to section 2.3. The amounts withheld may be disbursed by HUD for and on account of the owner or other contractor to the respective employees to whom they are due, and to the Federal Government in satisfaction of liquidated damages under section 2.3.
2.8 Reserved
2.9 Evidence of Unit(s) Completion; Escrow
A. The owner shall evidence the completion of the unit(s) by furnishing the PHA, in addition to the requirements listed in Part I of this Agreement, a certification of compliance with the provisions of sections 2.3 and 2.7 of this Agreement, and that to the best of the owner’s knowledge and belief there are no claims of underpayment to laborers or mechanics in alleged violation of these provisions of the Agreement. In the event there are any such pending claims to the knowledge of the owner, the PHA, or HUD, the owner will place a sufficient amount in escrow, as directed by the PHA or HUD, to assure such payments.
B. The escrows required under this section and section 2.7 of shall be paid to HUD, as escrowee, or to an escrowee designated by HUD, and the conditions and manner of releasing such escrows shall be designated and approved by HUD.
2.10 Flood Insurance
If the project is located in an area that has been identified by the Federal Emergency Management Agency as an area having special flood hazards and if
Agreement to Enter into a PBV HAP Contract
HUD 52531B, Part 2 of 2
Previous Editions are obsolete Page 15 of 15
(4/2023)
the sale of flood insurance has been made available under the National Flood Insurance Program, the owner agrees that: (1) the project will be covered, during the life of the property, by flood insurance in an amount at least equal to its development or project cost (less estimated land cost) or to the limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less; and (2) that it will advise any prospective purchaser or transferee of the property in writing of the continuing statutory requirement to maintain such flood insurance during the life of the property.
Exhibit A
Approved PBV Proposal
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
300 North Los Angeles Street, Suite 4054
Los Angeles, CA 90012
OFFICE OF PUBLIC HOUSING
MEMORANDUM FOR: Housing Authority of the County of Riverside – CA027 FROM: Meena Bavan, Director, Office of Public Housing, Los Angeles Field Office 9DPH SUBJECT: Project Based Subsidy Layering Review Approval Housing Authority of the County of Riverside – CA027
Mary McDonald Riley Street Apartments
200 N. Riley Street
Lake Elsinore, CA 92530
The Housing Voucher Financial Management Division, Office of Housing Voucher Programs has completed a subsidy layering review for the project referenced above. Their review was based upon financial documentation submitted by the project owner and the Public Housing Authority (PHA), the Project-based Voucher regulations at 24 CFR part 983, and the Administrative Guidelines, Final Rule published in the Federal Register on March 13, 2023.
As a result of the review, US. Department of Housing an d Urban Development (HUD) is authorizing the rents set by the housing author ity, which are within the statutory limit.
Should the total tenant payment for assisted families in the project result in housing assistance payments (HAP) that exceed the authorized per unit funding level, the PHA shall ensure that the appropriate adjustments are made in its voucher program so as not to exceed its available budget authority and program rese rves (HUD-held and net restricted position) balance for the calendar year. Renewal funding will be pursuant to the H.R. 1968 – Full- Year Continuing Appropriations and Extensions Act, 2025. Approval of the subject property subsidy layering is contingent upon the Housing Authority of the County of Riverside meeting the Project-based Voucher regulatory requirements at 24 CFR 983, including the approval of any required waivers.
If you have any questions, please contact Jameel Hill, at (213) 534-2458 or [email protected].
Meena
Exhibit B
Scope of Development
ĞƐĐƌŝƉƟŽŶŽĨǁŽƌŬ
dŚĞŝƚLJŽĨ>ĂŬĞ
ůƐŝŶŽƌĞ;ŝƚLJͿŽǁŶƐĨĞĞƟƚůĞƚŽƚŚĞWƌŽũĞĐƚ^ ŝƚĞůŽĐĂƚĞĚĂƚϮϬϬE͘ZŝůĞLJ^ƚƌĞĞƚŝŶƚŚĞ>ĂŬĞ
ůƐŝŶŽƌĞ ĚŽǁŶƚŽǁŶ͕ ĐůŽƐĞ ƚŽ ŝƚLJ ,Ăůů͕ ĚŽǁŶƚŽǁŶ ƐĞƌǀŝĐĞƐ͕ ƚŚĞ >Ă Ŭ Ğ ů Ɛ ŝ Ŷ Ž ƌ Ğ Ɛ Ğ Ŷ ŝ Ž ƌ Đ Ğ Ŷ ƚ Ğ ƌ Ă Ŷ Ě Ž ƚ Ś Ğ ƌ ĞdžŝƐƟŶŐĂŶĚƉƌŽƉŽƐĞĚĂīŽƌĚĂďůĞŚŽƵƐŝŶŐƉƌŽũĞĐƚƐ͘dŚĞ͘ϱϯĂĐƌĞƐŝƚĞŝƐůŽĐĂƚĞĚŝŶĞŶƐƵƐdƌĂĐƚϰϯϬ͘Ϭϲ͘ The DĂƌLJDĐŽŶĂůĚZŝůĞLJ^ƚƌĞĞƚƉĂƌƚŵĞŶƚƐ (WƌŽũĞĐƚ) ǁŝůůďĞĐŽŶƐƚƌƵĐƚĞĚŽŶĂ͘ϱϯĂĐƌĞƐŝƚĞůŽĐĂƚĞĚĂƚϮϬϬ E͘ZŝůĞLJ^ƚƌĞĞƚŝŶƚŚĞŝƚLJŽĨ>ĂŬĞ
ůƐŝŶŽƌĞĂŶĚǁŝůůĐŽŶƐŝƐƚŽĨŽŶĞϮ-ƐƚŽƌLJďƵŝůĚŝŶŐĂŶĚŽŶĞϯ-ƐƚŽƌLJďƵŝůĚŝŶŐ ǁŝƚŚĂƚŽƚĂůŽĨϭϲŽŶĞ -ďĞĚƌŽŽŵƵŶŝƚƐƚŽƚĂůŝŶŐϭϳ͕ϯϳϮƐƋƵĂƌĞĨĞĞƚ͘ůůƵŶŝƚƐŚĂǀĞĂŶŽ ƵƚƐŝĚĞƉĂƟŽĂƌĞĂ͘ &ŝŌĞĞŶƵŶŝƚƐǁŝůůďĞƌĞƐƚƌŝĐƚĞĚƚŽĞdžƚƌĞŵĞůLJůŽǁŝŶĐŽŵĞ;ϯϬйD /ͿƐĞŶŝŽƌŚŽƵƐĞŚŽůĚƐĂƚĂīŽƌĚĂďůĞƌĞŶƚ ĨŽƌĂƉĞƌŝŽĚŽĨϱϱLJĞĂƌƐ͘ZĞƐŝĚĞŶƚƐŵƵƐƚďĞϲϮLJĞĂƌƐŽƌŽůĚĞƌ ͘dǁŽƵŶŝƚƐǁŝůůďĞ ĐŽŵƉůŝĂŶƚĂĐĐĞƐƐŝďůĞ ƚŽŝŶĚŝǀŝĚƵĂůƐǁŝƚŚŵŽďŝůŝƚLJŝŵƉĂŝƌŵĞŶƚƐĂŶĚƚŽŝŶĚŝǀŝĚƵĂůƐǁŝƚ ŚƐĞŶƐŽƌLJŝŵƉĂŝƌŵĞŶƚƐ͘ ůĞǀĞŶƵŶŝƚƐǁŝůů
ďĞĂĚĂƉƚĂďůĞ͘KŶĞƵŶŝƚǁŝůůďĞŽĐĐƵƉŝĞĚďLJĂŶŽŶ-ƐŝƚĞŵĂŶĂŐĞƌ ͘ WƌŽũĞĐƚĂŵĞŶŝƟĞƐǁŝůůŝŶĐůƵĚĞĂYĂŶĚƉŝĐŶŝĐĂƌĞĂ͕ŐĂƌĚĞŶĂƌĞĂ͕ĂŶĚƚŚĞWƌŽũĞĐƚ͛ƐŶĂŵĞƐĂŬĞ– the Mary DĐŽŶĂůĚ'ĂnjĞďŽůŽĐĂƚĞĚŽŶƚŚĞŶŽƌƚŚĞĂƐƚĐŽƌŶĞƌŽĨ,ĞĂůĚǀĞŶƵĞĂŶĚZŝůĞLJ^ƚƌĞĞƚ͘ĚĚŝƟŽŶĂůƉůĂŶŶĞĚ ŝŵƉƌŽǀĞŵĞŶƚƐŝŶĐůƵĚĞƉĂƌŬŝŶŐ͕ƚƌĂƐŚĞŶĐůŽƐƵƌĞĂŶĚ ŽƚŚĞƌĂŶĐŝůůĂƌLJĂŶĚƌĞůĂƚĞĚŝŵƉƌŽǀĞŵĞŶƚƐ͘&ƌŽŶƚĂŐĞ ĂŶĚůĂŶĚƐĐĂƉĞŝŵƉƌŽǀĞŵĞŶƚƐĂůŽŶŐďŽƚŚ,ĞĂůĚĂŶĚEŽƌƚŚZŝůĞLJĂƌĞ ŝŶĐůƵĚĞĚĂƐƉĂƌƚŽĨƚŚĞĚĞǀĞůŽƉŵĞŶƚ ŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚ͘
5(9,6,216
%8,/',1*%
+(,*+7
122)6725,(6
648$5()227$*(
35,9$7(23(163$&(6
3/$<*5281'
6)
%%43,&1,&$5($
6)
/$:1$5($
6)
%8,/',1*)/225$5($
%8,/',1*$
/(9(/
$3$570(176
$$$
%'%$($
$3$570(17 6)
3$7,2
6)
/(9(/
$3$570(176
$$$
%'%$($
$3$570(17
6)
*$5$*(3$5.,1*
63$&(6($
6)
%8,/',1*$29(5$//727$/
6)
%8,/',1*%
/(9(/
$3$570(176% %
%'%$($
(;73$5.,1*63$&(($
$3$570(17 6)
3$7,2 6)
&200216(59,&($5($6 6)
%8,/',1*%*$5$*( 6)
%8,/',1*%/(9(/727$/
6)
%8,/',1*%
/(9(/
$3$570(176%% %
%'%$($
*$5$*(3$5.,1*63$&(($
$3$570(17
%
6)
3$7,2 6)
% 6)
3$7,2
6)
% 6)
3$7,2
6)
%
6)
3$7,2 6)
&200216(59,&($5($6
6)
%8,/',1*%/(9(/727$/
6)
%8,/',1*%
/(9(/
$3$570(176 % % % %
%' %$ ($
10’), AND 2% IF
UCTED A MINIMUM
SLOPES.
REPORT WHICH
GINEER SHALL BE
RING, INC. AND
INEERING, INC.,
EVATION. WHERE
N ELEVATION WITH
HALL BE GIVEN.
THE BUILDING
ED INTO FIRM
TO PLACEMENT
ERRACED AREAS
VERTICAL HEIGHT SHALL HAVE PERMANENT IRRIGATION SYSTEMS WITH BACKFLOW PREVENTION DE
26. APPROVED PROTECTIVE MEASURES AND TEMPORARY DRAINAGE PROVISIONS MUST BE USED TO P R DURING THE GRADING PROJECT.
27. APPROVED EROSION PREVENTIVE DEVICES SHALL BE PROVIDED AND MAINTAINED DURING THE RAI N PLACE AT THE END OF EACH DAY’S ALL WORK.
28. ALL WORK SHALL CONFORM TO THE CITY AND STATE CONSTRUCTION SAFETY ORDERS. WORK.
29. THE LOCATION AND PROTECTION OF ALL UTILITIES IS THE RESPONSIBILITY OF THE PERMITTEE.
30. AN APPROVED SET OF GRADING PLANS SHALL BE ON THE JOB SITE AT ALL TIME.
31. SANITARY FACILITIES SHALL BE MAINTAINED ON THE SITE FROM BEGINNING TO COMPLETION OF GR A
32. ALL SLOPES SHALL BE PLANTED AND IRRIGATION FACILITIES SHALL BE PROVIDED FOR ALL SLOPES I N VERTICAL HEIGHT WITHIN NINETY (90) DAYS AFTER COMPLETION OF ROUGH GRADING AND SHALL BE LAKE ELSINORE GRADING ORDINANCE NO. 882 PRIOR TO THE APPROVAL OF FINAL INSPECTION.
33. ANY CONTRACTOR PERFORMING WORK ON THIS PROJECT SHALL FAMILIARIZE HIMSELF WITH THE SI T
FOR ANY DAMAGE TO EXISTING FACILITIES RESULTING DIRECTLY OR INDIRECTLY FROM HIS OPERATI FACILITIES ARE SHOWN ON THESE PLANS.
34. THE DESIGN ENGINEER SHALL PROVIDE A MINIMUM OF ONE (1) BLUE TOP PER FINISHED PAD, PRIOR T
35. APPROXIMATE DATE OF:
BEGINNING OPERATION: _____________________
COMPLETION: _____________________
36. NO ROCK OR OTHER IRREDUCIBLE MATERIAL WITH A MAXIMUM DIMENSION GREATER THAN THREE I N FILLS WITHIN ROADBED AREAS OR THREE FEET (3’) OF FINISH GRADES, UNLESS THE LOCATION, MATE ARE SPECIFICALLY APPROVED BY THE SOILS ENGINEER.
37. THE ENGINEER MUST SET GRADE STAKES FOR ALL DRAINAGE DEVICES AND OBTAIN INSPECTION BE F
38. GRADING PLANS WILL NOT BE APPROVED UNTIL ALL RETAINING WALLS ARE APPROVED BY THE BUIL D
DESCRIPTION
LEGAL
EXISTING CHANNEL INLET
PROTECT IN PLACE
ED SIGN W/SOLAR
BE RELOCATED
XISTING CONCRETE
O BE REMOVED
EXISTING ASPHALT
TO BE REMOVED
EXISTING FENCE
AND BOLLARDS
PROTECT IN PLACE
BOLLARD DETAIL
TYPE 6B WALL DETAI
N19°04'21"E 186.55'
RILEY STREET
FOR CONTINUATION S
POR BLK 51MB 8 / 378
WALKWAY
WALL
CURB &GUTTER
PROPERTY BOUNDARY
HEALD
RILEY ST
%$7+
5(9,6,216
5()
55
+$//:$<
.,7&+(1
%'%'
&/ &/
/$81'5<
+9$&
"
%'
55
5(9,6,216
%$7+
$
7<3
*$5$*(
%$7+
6&$/(
+6(&7,21 %/'*$1257+6287+6(&7,21
5(9,6,216
$
7<
7<3 7<3 7<3
$
'*%1257+(/(9$7,21
5(9,6,216
6&$/(
'9LHZ
6&$/(
'9LHZ
5(9,6,216
Exhibit C
Description of Housing
AHAP PART I
EXHIBIT C
Mary McDonald Riley Street Senior Apartments
200 N. Riley Street
Lake Elsinore, CA 92530
APN: 374-162-065
(formerly known as APN 374-161-036)
Total Number of Project Based Voucher (PBV) Units in Project Covered by HAP Contract: 15 Total Number Units in the Project: 16
Description and Quantity in Project:
Unit Mix Summary
1 -bedroom units 15
Manager’s units 1 (1-bedroom unit)
Project Based Section 8 Voucher: *Accessible with mobility feature **Accessible with communication feature
Bedroom/Bathroom AMI Quantity Unit #s and Accessible Features 1-bedroom/1-bathroom 30% 15 Building A:
101A,102A, 103A, 201A, 202A, 203A
Building B:
101B*/**, 102B*/**, 201B, 202B, 203B, 301B,
302B, 303B, 304B
Total 15
Apartment units 101B and 102B will be compliant with the Americans with Disabilities Act (ADA) and suitable for the mobility and sensory impaired. All the units will be ADA “adaptable,” meaning that they can be converted to ADA compliant units with a minimal amount of cost.
Initial Rent to Owner for Contract Units (net of HACR utility allowance):
o See attached PBV Contract Rent Determination dated February 25, 2025
February 25, 2025
City of Lake Elsinore
130 S. Main Street,
Lake Elsinore, CA 92530
Attn: Jason Simpson
RE: Estimate of Initial Rents – HCV Project-Based V ouchers Mary McDonald Riley Street Apartments, City of Lake Elsinore
Dear Mr. Simpson:
The Housing Authority of the County of Riverside in accordance with the Code of Federal Regulation (CFR) 983.301 has completed a rent comparability analysis to determine the estimated initial rents for the Project-Based V ouchers that will be utilized for Mary McDonald Riley Street Senior Apartments, City of Lake Elsinore. The estimated initial contract rent, current applicable utility allowance and gross contract rent are as follows:
PBV Contract Rent Determination
Bedroom Size 1BR
Rent Requested by Owner $2,140
Reasonable Rent
$1,913 per
AffordableHousing.com
110% of 2025 FMR eff 10/1/24 $2,037 ($1,852 +
$185)
less Standard Utility Allowance eff 7/1/24 $106
FMR Rent Cap $1,931
The PBV Contract Rent is determined
according to 24 CFR 983.301(b) and is set at
the lowest of: (1) the Reasonable Rent, (2) the
rent requested by the owner, or (3) the Fair
Market Rent (FMR) cap minus the Utility
Allowance.
$1,913
Actual rents will be determined prior to execution of the Project-Based V oucher Program Housing Assistance Payment (HAP) Contract. If you have any questions, please feel free to contact me at (951) 343-5434.
Sincerely,
Erlan Gonzalez
Erlan Gonzalez
Principal Development Specialist
Main Office
5555 Arlington Avenue
Riverside, CA 92504-2506
(951) 351-0700
FAX (951)354-6324
TDD (951) 351-9844
Indio Office
44-199 Monroe, Ste. B
Indio, CA 92201
(760) 863-2828
(760) 863-2838 FAX
TDD (760) 863-2830
Website:harivco.org
HOUSING AUTHORITY
of the County of Riverside
24 Code of Federal Regulations (CFR) 983.301 Determining the rent to owner. (a) Initial and redetermined rents. (1) The amount of the initial and redetermined rent to owner is determined in accordance with this section and § 983.302.
(b) Amount of rent to owner. Except for certain tax credit units as provided in paragraph (c) of this section, the rent to owner must not exceed the lowest of:
(1) An amount determined by the PHA, not to exceed 110 percent of the applicable fair market rent (or any exception payment standard approved by the Secretary) for the unit bedroom size minus any utility allowance; (2) The reasonable rent; or (3) The rent requested by the owner.
(c) Rent to owner for certain tax credit units. (1) This paragraph (c) applies if: (i) A contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986 (see 26 U.S.C. 42); (ii) The contract unit is not located in a qualified census tract; (iii) In the same building, there are comparable tax credit units of the same unit bedroom size as the contract unit and the comparable tax credit units do not have any form of rental assistance other than the tax credit; and (iv) The tax credit rent exceeds the applicable fair market rental (or any exception payment standard) as determined in accordance with paragraph (b) of this section. (2) In the case of a contract unit described in paragraph (c)(1) of this section, the rent to owner must not exceed the lowest of: (i) The tax credit rent minus any utility allowance; (ii) The reasonable rent; or (iii) The rent requested by the owner. (3) The ‘‘tax credit rent’’ is the rent charged for comparable units of the same bedroom size in the building that also receive the low- income housing tax credit but do not have any additional rental assistance (e.g., additional assistance such as tenant-based voucher assistance). (4) A ‘‘qualified census tract’’ is any census tract (or equivalent geographic area defined by the Bureau of the Census) in which: (i) At least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI); or (ii) Where the poverty rate is at least 25 percent and where the census tract is designated as a qualified census tract by HUD. (d) Rent to owner for other tax credit units. Except in the case of a tax-credit unit described in paragraph (c)(1) of this section, the rent to owner for all other tax credit units may be determined by the PHA pursuant to paragraph (b) of this section. (e) Reasonable rent. The PHA shall determine the reasonable rent in accordance with § 983.303. The rent to the owner for each contract unit may at no time exceed the reasonable rent, except in cases where, the PHA has elected within the HAP contract not to reduce rents below the initial rent to owner and, upon redetermination of the rent to owner, the reasonable rent would result in a rent below the initial rent. If the PHA has not elected within the HAP contract to establish the initial rent to owner as the rent floor, the rent to owner shall not at any time exceed the reasonable rent. (ii) Redetermination of rent to owner. When redetermining the rent to owner, the PHA shall use the most recently published FMR and the PHA utility allowance schedule in effect at the time of redetermination. At its discretion, the PHA may use the amounts in effect at any time during the 30-day period immediately before the redetermination date.
Note: 24 CFR 983.301(c) pertaining to tax credits mentioned above is not applicable when the development/unit is located within a Qualified Census Tract (QCT). It is also not applicable when Tax Credit Rents are less then FMR. Mary McDonald Riley Street Apartments is located in a QCT 430.06 and Tax Credit Rents do not exceed FMR so paragraph(c) does not apply.
24 CFR 983.302 Redetermination of rent to owner.
(a) The PHA must redetermine the rent to owner:
(1) Upon the owner’s request; or (2) When there is a 10 percent decrease in the published FMR. (b) Rent increase. (1) The PHA may not make any rent increase other than an increase in the rent to owner as determined pursuant to § 983.301. (Provisions for special adjustments of contract rent pursuant to 42 U.S.C. 1437f(b)(2)(B) do not apply to the voucher program.)
(2) The owner must request an increase in the rent to owner at the annual anniversary of the HAP contract by written notice to the PHA. The length of the required notice period of the owner request for a rent increase at the annual anniversary may be established by the PHA. The request must be submitted in the form and manner required by the PHA. [Refer to 24 CFR 983.1, 983.2, 982.308(g)(4) The owner must notify the PHA of any changes in the amount of the rent to owner at least sixty days before any such changes go into effect, and any such changes shall be subject to rent reasonableness requirements.]
(3) The PHA may not approve, and the owner may not receive any increase of rent to owner until and unless the owner has complied with all requirements of the HAP contract, including compliance with the HQS. The owner may not receive any retroactive increase of rent for any period of noncompliance. (c) Rent decrease. (1) If there is a decrease in the rent to owner, as established in accordance with § 983.301, the rent to owner must be decreased, regardless of whether the owner requested a rent adjustment. (2) If the PHA has elected within the HAP contract to not reduce rents below the initial rent to owner, the rent to owner shall not be reduced below the initial rent to owner for dwelling units under the initial HAP contract, except: (i) To correct errors in calculations in accordance with HUD requirements; (ii) If additional housing assistance has been combined with PBV assistance after the execution of the initial HAP contract and a rent decrease is required pursuant to § 983.55; or (iii) If a decrease in rent to owner is required based on changes in the allocation of responsibility for utilities between the owner and the tenant. (d) Notice of rent redetermination. Rent to owner is redetermined by written notice by the PHA to the owner specifying the amount of the redetermined rent (as determined in accordance with 24 CFR 983.301 and 983.302). The PHA notice of the rent adjustment constitutes an amendment of the rent to owner specified in the HAP contract. (e) Contract year and annual anniversary of the HAP contract. (1) The contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term. (2) The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year. The adjusted rent to owner amount applies for the period of 12 calendar months from the annual anniversary of the HAP contract. (3) See § 983.207(c) for information on the annual anniversary of the HAP contract for contract units completed in stages.
24 CFR 983.207(c) Staged completion of contract units. Even if contract units are placed under the HAP contract in stages commencing on different dates, there is a single annual anniversary for all contract units under the HAP contract. The annual anniversary for all contract units is the annual anniversary date for the first contract units placed under the HAP contract. The expiration of the HAP contract for all the contract units completed in stages must be concurrent with the end of the HAP contract term for the units originally placed under HAP contract.
Fuel Type
0 BR 1 BR 2 BR 3 BR 4 BR 5 BR
Natural Gas $19.00 $22.00 $25.00 $27.00 $28.00 $31.00
Bottle Gas $60.00 $69.00 $78.00 $87.00 $92.00 $101.00
Electric (avg) $16.00 $19.00 $23.00 $27.00 $32.00 $36.00 Fuel Oil
Natural Gas $5.00 $5.00 $8.00 $9.00 $13.00 $14.00
Bottle Gas $14.00 $14.00 $23.00 $32.00 $41.00 $46.00
Electric (avg) $8.00 $10.00 $14.00 $19.00 $23.00 $27.00 Non-SCE (avg) $26.00 $30.00 $42.00 $54.00 $66.00 $77.00 SCE (Monthly Credit) $30.00 $38.00 $58.00 $78.00 $98.00 $119.00 Air Conditioning $14.00 $17.00 $23.00 $29.00 $36.00 $42.00 Natural Gas $9.00 $11.00 $16.00 $20.00 $25.00 $30.00
Bottle Gas $32.00 $37.00 $50.00 $64.00 $78.00 $96.00
Electric (avg) $19.00 $22.00 $28.00 $35.00 $41.00 $47.00 Fuel Oil
(avg)(MF) $27.00 $27.00 $30.00 $32.00 $35.00 $38.00
(avg)(MF) $34.00 $34.00 $34.00 $34.00 $34.00 $34.00
(avg) $32.00 $32.00 $32.00 $32.00 $32.00 $32.00
$26.00 $26.00 $26.00 $26.00 $26.00 $26.00
$5.00 $5.00 $5.00 $5.00 $5.00 $5.00
$42.00 $42.00 $42.00 $42.00 $42.00 $42.00
Range/Microwave $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00
Allowance
Other Electric
Refrigerator
Water
Sewer
Trash Collection
Other Electric
Other specify: Electric Charge $41.79
(Monthly (Riverside Public Utilities)
Utility Allowance Schedule
See Public Reporting and Instructions on back.
OMB Approval No. 2577-0169
(exp. 04/30/2026)
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
Locality/PHA Housing Authority of the
County of Riverside, CA
Unit Type: Multi-Family
(Apartment)
Date (mm/dd/yyyy)
The following allowances are used to determine the total cost of tenant-furnised utilities and appliances.
Utility of Service
(Standard)
Other specify: Electric Charge $25.83
(Non SCE/Non-Rev Public Monthly)
Other specify: Natural Gas Charge $5.10
Heating
Cooking
Water Heating
Utility/Service/ApplianceActual Family Allowances-May be used by the family to compute allowance while searching for a unit.
Head of Household Name
Heating
Cooking
Other Electric
Air Conditioning
Water Heating
Range/Microwave
Refrigerator
Total
Number of Bedrooms
Water
Sewer
Trash Collection
Other
Unit Address
The Nelrod Company 1/2024 Update
adapted from form HUD-52667
(04/2023)
15LOH\6WUHHW/DNH(OVLQRUH&$
8$ %5
5LOH\6WUHHW$SDUWPHQWV
Fuel Type
6 BR 7 BR
Natural Gas $34.00 $38.00
Bottle Gas $110.00 $119.00
Electric (avg) $39.00 $42.00
Fuel Oil
Natural Gas $16.00 $17.00
Bottle Gas $50.00 $55.00
Electric $30.00 $32.00
Non-SCE (avg) $84.00 $91.00
SCE (Monthly Credit) $132.00 $144.00
Air Conditioning $46.00 $49.00
Natural Gas $33.00 $34.00
Bottle Gas $105.00 $110.00
Electric (avg) $51.00 $54.00
Fuel Oil
(avg)(MF) $40.00 $42.00
(avg)(MF) $34.00 $34.00
(avg) $32.00 $32.00
$26.00 $26.00
$5.00 $5.00
$42.00 $42.00
Range/Microwave $11.00 $11.00
$12.00 $12.00
AllowanceUtility/Service/Appliance
Heating
Cooking
Other Electric
The following allowances are used to determine the total cost of tenant-furnised utilities and appliances.
Heating
Utility of Service
(Standard)
Cooking
Water
Range /Microwave
Refrigerator
Number of Bedrooms
Total
Other specify: Electric Charge $25.83
(Non SCE/Non-Rev Public Monthly)
Other specify: Natural Gas Charge $5.10
Air Conditioning
Water Heating
Actual Family Allowances-May be used by the family to compute allowance while searching for a unit.
Head of Household Name
Unit Address
Water
Sewer
Trash Collection
Other
Refrigerator
Utility Allowance Schedule
See Public Reporting and Instructions on back.
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
OMB Approval No. 2577-0169
(exp. 04/30/2026)
Locality/PHA Housing Authority of the
County of Riverside, CA
Unit Type: Multi-Family
(Apartment)
Date (mm/dd/yyyy)
Other specify: Electric Charge $41.79
(Monthly (Riverside Public Utilities)
Sewer
Trash Collection
Other Electric
Water Heating
Other Electric
The Nelrod Company 1/2024 Update
adapted from form HUD-52667
(04/2023)
0 Bedroom
(Efficiency) 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Bedroom 7 Bedroom $1,7ϳϲ $1,ϴϱϮ $2,ϯϬϲ $ϯ,07ϵ $3,ϳ4ϱ $ϰ,ϯϬϲ $4,ϴϲϴ $ϱ,ϰϯϬ CALCULATE 110% OF FMR BY BEDROOM SIZE (MUST ROUND DOWN) 0 Bedroom
(Efficiency) 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Bedroom 7 Bedroom 100% FMR $1,7ϳϲ $1,ϴϱϮ $2,ϯϬϲ $ϯ,07ϵ $3,ϳϰϱ $ϰ,ϯϬϲ $4,ϴϲϴ $ϱ,ϰϯϬ 10% FMR 1ϳϳ 1ϴϱ 2ϯϬ ϯ 0ϳ 3ϳϰ ϰϯϬ 4ϴϲ ϱϰϯ
110% FMR $1,ϵϱϯ $Ϯ,Ϭϯϳ $2,ϱϯϲ $ϯ,ϯϴϲ $ϰ,ϭϭϵ $4,7ϯϲ $ϱ,ϯϱϰ $5,9ϳϯ Proceed to next step of deducting utility allowance from 110% of FMR to determine FMR RENT CAP 0 Bedroom
(Efficiency) 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom 6 Bedroom 7 Bedroom 110% FMR $1,ϵϱϯ $Ϯ,Ϭϯϳ $2,ϱϯϲ $ϯ,ϯϴϲ $ϰ,ϭϭϵ $4,7ϯϲ $ϱ,ϯϱϰ $5,9ϳϯ Minus
Utility
Allowance
FMR RENT
CAP
Attach Utility Allowance Calculation for each BR Size
FY 202ϱ FMR EFFECTIVE 10/1/202ϰ THROUGH 9/30/202ϱ
ŚƚƚƉƐ͗ͬͬǁǁǁ͘ŚƵĚƵƐĞƌ͘ŐŽǀͬƉŽƌƚĂůͬĚĂƚĂƐĞƚƐͬĨŵƌͬĨŵƌƐͬ&zϮϬϮϱͺĐŽĚĞͬϮϬϮϱƐƵŵŵĂƌLJ͘ŽĚŶ The FMRs for unit sizes larger than four bedrooms are calculated by adding 15 percent to the four bedroom FMR, for each extra bedroom. For example, the FMR for a five bedroom unit is 1.15 times the four bedroom FMR, and the FMR for a six bedroom unit is 1.30 times the four bedroom FMR. FMRs for single-room occupancy units are
0.75 times the zero bedroom (efficiency) FMR.
ΨϭϬϲ
Ψϭ͕ϵϯϭ
ϭϴ
Subject Comparable 1 Comparable 2 Comparable 3
Address 301 W Heald 16840 Bell Ave Upstairs 33113 Buena Vista St 33285 Arbolado Ln Model 1/1/0/800 1/1/0/900 1/1/0/900
City Lake Elsinore 92530 Lake Elsinore 92530 Lake Elsinore 92530 Lake Elsinore 92530
LOCATION
Subdivision
Proximity to Subject 2.48 2.45 4.04
Adjustment Similar / Adj: $0.00 Similar / Adj: $0.00 Similar / Adj: $0.00 Size
Beds/Baths/Half Baths 1/1/0 1/1/0 1/1/0 1/1/0
Sq. Ft. 700 800 900 900
Adjustment Superior / Adj: -$18.00 Superior / Adj: -$36.00 Superior / Adj: -$36.00 TYPE
Property Type apartment apartment apartment apartment
Adjustment Similar / Adj: $0.00 Similar / Adj: $0.00 Similar / Adj: $0.00 AGE
Year Built 2025
Adjustment Similar / Adj: $0.00 Similar / Adj: $0.00 Similar / Adj: $0.00
CONDITION & QUALITY
Rating Excellent Average Average Average
Adjustment Inferior / Adj: $169.50 Inferior / Adj: $180.00 Inferior / Adj: $195.00
UTILITIES
Heat Electric / Tenant Natural Gas / Owner Natural Gas / Tenant Natural Gas / Tenant Hot Water / Paid By Electric / Tenant Natural Gas / Owner Natural Gas / Tenant Natural Gas / Tenant Cooking / Paid By Electric / Tenant Natural Gas / Owner Natural Gas / Tenant Natural Gas / Tenant Sewer Type / Paid By Public Sewer / Owner Public Sewer / Owner Public Sewer / Owner Public Sewer / Owner Water Type / Paid By City Water / Tenant City Water / Owner City Water / Owner City Water / Owner Lights / Other Electric Tenant Owner Tenant Tenant
Adjustment Superior / Adj: -$149.00 Superior / Adj: -$28.00 Superior / Adj: -$28.00
MAINTENANCE
Maintenance Lawn, Pest, Trash Lawn, Pest, Trash Lawn, Pest, Trash Lawn, Pest, Trash Adjustment Similar / Adj: $0.00 Similar / Adj: $0.00 Similar / Adj: $0.00
AMENITIES
Amenities Dishwasher, Garbage Disposal,
Onsite Laundry, Refrigerator,
Stove
Garbage Disposal, W/D Hookups,
Refrigerator, Stove
Garbage Disposal, W/D Hookups,
Refrigerator, Stove
Garbage Disposal, W/D Hookups,
Refrigerator, Stove
AC Central Central Central Central
Heat Central Unknown Unknown Unknown
Parking 1 Covered Space Unknown Unknown Unknown
Exterior Features
Lot Size
Adjustment Inferior / Adj: $15.00 Inferior / Adj: $15.00 Inferior / Adj: $15.00
RENT ADJUSTMENTS
Data Source Internet Listing Internet Listing Internet Listing Date Listed 1/18/2025 11/21/2024 12/14/2024
Date Rented
Listing Status Rented Rented Rented
Asking Rent $2,140.00 $1,695.00 $1,800.00 $1,950.00
Actual Rent
Adjustment $17.50 $131.00 $146.00
Adjusted Monthly Rent $1,712.50 $1,931.00 $2,096.00
COMPARABLE BREAKDOWN
15,977 Recent comparables in jurisdiction
1,692 Similar 1 bedroom comparables in Riverside County 36 Similar 1 bedroom comparables in the City of Lake Elsinore 98 Within 4.25 miles
CERTIFICATION
I (we) estimate the monthly market rent of the subject as of 02/26/2025 to be $1,913.17.
The adjusted reasonable rent range is $1,712.50 to $2,096.00.
Requested Rent Amount: $2,140.00 Rent Approved: $1,913.00.
RR Certifier Signature: Liz Alaniz
QC Certifier Signature:
In accordance with 24 CFR 982.4, 982.54 (d) (15), 982.158(f)(7) and 982.507, I certify that based on the information provided to the Housing Authority of the County of Riverside, the requested rent of $2,140.00 IS NOT reasonable, and the approved rent of $1,913.00 IS reasonable.
Certification ID 037F360C-3C07-45AC-AACF-CC8FCC47BC78
Certification
Date 2025-2-25
Version AVM 6.1, RRC 7.0, RW5
Client
Reference
Voucher
Bedroom 1
Family Name Riley Street Apts
Housing
Authority Housing Authority of the County of Riverside
Certifier Liz Alaniz
Utility
Schedule
7/24 Riverside / Multi- Family/ Energy Efficient/
Non-SCE
Asking
Rent
Paymt.
Std.
Asking Rent
y
Riverside
Median $1725
Average $1762
Lake Elsinore
Median $1698
Average $1690
4.25 miles
Median $1800
Average $1792
0 500
1000
1500
2000
2500
The adjusted reasonable rent range is $1,712.50 to $2,096.00.
Comparable 1: $1,712.50 88.67% Somewhat Similar
Comparable 2: $1,931.00 88.98% Somewhat Similar
Comparable 3: $2,096.00 89.01% Somewhat Similar
Comments on market data, property condition, recent improvements, general market conditions, final reconciliation of market rent, or any rent concessions:
Comparable 1:
Living area for comparable is superior to subject (-$18.00 adjustment) Quality for comparable is inferior to subject ($169.50 adjustment) Dish washer for comparable is inferior to subject ($15.00 adjustment) Heating utility for comparable is superior to subject (-$19.00 adjustment) Cooking utility for comparable is superior to subject (-$5.00 adjustment) Hot water utility for comparable is superior to subject (-$9.00 adjustment) Other electic utility for comparable is superior to subject (-$25.00 adjustment) Cooling utility for comparable is superior to subject (-$14.00 adjustment) Water utility for comparable is superior to subject (-$28.00 adjustment) Range/Stove utility for comparable is superior to subject (-$11.00 adjustment) Refrigerator utility for comparable is superior to subject (-$12.00 adjustment) Electric service charge for comparable is superior to subject (-$26.00 adjustment) Gated community for comparable is unknown ($0 adjustment) Pool for comparable is unknown ($0 adjustment)
Total adjustment for this property is ($17.50)
Comparable 2:
Living area for comparable is superior to subject (-$36.00 adjustment) Quality for comparable is inferior to subject ($180.00 adjustment) Dish washer for comparable is inferior to subject ($15.00 adjustment) Water utility for comparable is superior to subject (-$28.00 adjustment) Gated community for comparable is unknown ($0 adjustment) Pool for comparable is unknown ($0 adjustment)
Total adjustment for this property is ($131.00)
Comparable 3:
Living area for comparable is superior to subject (-$36.00 adjustment) Quality for comparable is inferior to subject ($195.00 adjustment) Dish washer for comparable is inferior to subject ($15.00 adjustment) Water utility for comparable is superior to subject (-$28.00 adjustment) Gated community for comparable is unknown ($0 adjustment) Pool for comparable is unknown ($0 adjustment)
Total adjustment for this property is ($146.00)
This rent reasonable certification is based on information provided by others and/or obtained from outside sources. No opinion, warranty, or guarantee of the reliability of the data relied upon is implied or expressed by the use of that data herein, an d GOsection8.com does not warrant the correctness of the data. All Data should be verified by the RR Certifier for accuracy.
MENU
An oÓicial website of the United States government Here's how you know Overview of 2024 and 2025 Small DDAs and QCTs
The 2025 Qualified Census Tracts (QCTs) and DiÓicult Development Areas (DDAs) are eÓective January 1, 2025. The 2025 QCT designations use tract boundaries from the 2020 Decennial census. The 2025 metro DDAs use ZIP Code Tabulation Area (ZCTA) boundaries from the 2020 Decennial census. The designation methodology is explained in the Federal Register notice published September 9, 2024.
The 2025 Small DiÓicult Development Areas layer has been temporarily disabled as we are in the process of updating the layer.
Current zoom: 13
Select Year:
2025 2024
Select Layer(s):
LIHTC Projects (Zoom 11+) FMR Outlines (Zoom 4+)
Difficult Development Areas (Zoom 7+) Non-Metro Difficult Development Areas Color QCT Quali¬ed Tracts (Zoom 7+)
Tracts Outline (Zoom 11+)
2/25/25, 4:27 PM 2024 and 2025 Small DDAs and QCT s | HUD USER https://www.huduser.gov/portal/sadda/sadda_qct.html 1/3
301N Heald Ave, Lake Els
County of Riverside, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, M… Powered by Esri About PD&R
PD&R Mission
Organization Chart
PD&R Events
PD&R Guidelines & Brochures
HUD Secretary's Awards
Disclaimer of Liability and
Endorsement
Reference
Contact Us
First Time Visitor
HUD User eBookstore
HUD User Archives
Webstore
Research
Case Studies
Datasets
Periodicals
Regulatory Barriers
Clearinghouse
Research & Reports
Note: Guidance documents, except when based on statutory or regulatory authority or law, do not have the force and eÓect of law and are not meant to bind the public in any way. Guidance documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
Accessibility | Contact Info | Privacy Policy | FOIA | Web Management and Web Policies | Inspector General | No Fear Act | PaymentAccuracy.gov
2/25/25, 4:27 PM 2024 and 2025 Small DDAs and QCT s | HUD USER https://www.huduser.gov/portal/sadda/sadda_qct.html 2/3
HUD USER
P .O. Box 23268, Washington, DC 20026-3268
Toll Free:1-800-245-2691
TDD: 1-800-927-7589
Local: 1-703-964-0670 Fax: 1-202-708-9981
2/25/25, 4:27 PM 2024 and 2025 Small DDAs and QCT s | HUD USER https://www.huduser.gov/portal/sadda/sadda_qct.html 3/3
Exhibit D
)RUPRI3%9+RXVLQJ$VVLVWDQFH3D\PHQWV
+$3
&RQWUDFW
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 1 of Part 1
(04/2023)
OMB Burden Statement. The public reporting burden for this collection of information is estimated to average 1 hour, including the time for collecting, reviewing and reporting the data. This form is required to establish terms between a PHA and owner to provide housing assistance. This contract allows a PHA to enter into a HAP contract with the owner to provide housing assistance payments for eligible families. Assurances of confidentiality are not provided under this collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Office of Public and Indian Housing, US. Department of Housing and Urban Development, Washington, DC 20410. HUD may not conduct and sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number.
Privacy Notice. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by 24 CFR § 983.202. The information sets forth the PHA and owner’s agreement to provide housing under the project-based component of the Housing Choice Voucher Program. The Personally Identifiable Information (PII) data collected on this form are not stored or retrieved within a system of record.
1. CONTRACT INFORMATION
a. Parties
This housing assistance payments (HAP) contract is entered into between:
____________________________________________________ ( PHA) and ____________________________________________________ (owner). b. Contents of contract
The HAP contract consists of Part 1, Part 2, and the contract exhibits listed in paragraph c.
c. Contract exhibits
The HAP contract includes the following exhibits:
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
HOUSING ASSISTANCE PAYMENTS CONTRACT
NEW CONSTRUCTION OR REHABILITATION
PART 1 OF HAP CONTRACT
Housing Authority of the County of Riverside
City of Lake Elsinore
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 2 of Part 1
(04/2023)
EXHIBIT A: TOTAL NUMBER OF UNITS IN PROJECT COVERED BY
THIS HAP CONTRACT; INITIAL RENT TO OWNER; AND
DESCRIPTION OF THE CONTRACT UNITS. (See 24 CFR
983.203 for required items.) If this is a multi-stage project, this exhibit must include a description of the units in each completed phase.
EXHIBIT B: SERVICES, MAINTE NANCE AND EQUIPMENT TO BE
PROVIDED BY THE OWNER WITHOUT CHARGES IN
ADDITION TO RENT TO OWNER
EXHIBIT C: UTILITIES AVAILABLE IN THE CONTRACT UNITS,
INCLUDING A LISTING OF UTILITY SERVICES TO BE
PAID BY THE OWNER (WITHOUT CHARGES IN ADDITION
TO RENT TO OWNER) AND UTILITIES TO BE PAID BY THE
TENANTS
EXHIBIT D: FEATURES PROVIDED TO COMPLY WITH PROGRAM
ACCESSIBILITY FEATURES OF SECTION 504 OF THE
REHABILITATION ACT OF 1973 AND IMPLEMENTING
REGULATIONS AT 24 CFR PART 8
ADDITIONAL EXHIBITS
d. Single-Stage and Multi- Stage Contracts (place a check mark in front of the applicable project description).
___ Single-Stage Project
This is a single-stage project. For all contract units, the effective date of the HAP contract is:
________________________________.
___ Multi-Stage Project
This is a multi-stage project. The units in each completed stage are designated in Exhibit A.
The PHA enters the effective date for each stage after completion and PHA acceptance of all units in that stage. The PHA enters the effective date for each stage in the “Execution of HAP contract for contract units completed and accepted in stages” (starting on page 9).
TBD
✔
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 3 of Part 1
(04/2023)
The annual anniversary date of the HAP contract for all contract units in this multi-stage project is the anniversary of the effective date of the HAP contract for the contract units included in the first stage. The expiration date of the HAP contract for all of the contract units completed in stages must be concurrent with the end of the HAP contract term for the units included in the first stage (see 24 CFR 983.207(c)).
e. Term of the HAP contract
1. Beginning of term
The PHA may not enter into a HAP contract for any contract unit until the PHA (or an independent entity, as applicable) has determined that the unit meets PBV inspection requirements. The term of the HAP contract for any unit begins on the effective date of the HAP contract.
2. Length of initial term
a. Subject to paragraph 2.b, the initi al term of the HAP contract for any contract units is:
________________________________.
b. The initial term of the HAP cont ract for any unit may not be less than one year, nor more than twenty years.
3. Extension of term
The PHA and owner may agree to enter into an extension of the HAP contract at the time of initial HAP contract execution, or any time prior to expiration of the contract. Any extension, including the term of such extension, must be in accordance with HUD requirements. A PHA must determine that any extension is appropriate to achieve long-term affordability of the housing or expand housing opportunities.
4. Requirement for sufficie nt appropriated funding
a. The length of the initial term and any extension term shall be subject to availability, as determined by HUD, or by the PHA in accordance with HUD requirements, of sufficient appropriated funding (budget authority), as provided in appropriations acts and in the PHA's annual contributions contract (ACC) with HUD, to make full payment of housing assistance payments due to the 20 OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 4 of Part 1
(04/2023)
owner for any contract year in accordance with the HAP contract. b. The availability of sufficient funding must be determined by HUD or by the PHA in accordance with HUD requirements. If it is determined that there may not be sufficient funding to continue housing assistance payments for all contract units and for the full term of the HAP contract, the PHA has the right to terminate the HAP contract by notice to the owner for all or any of the contract units. Such action by the PHA shall be implemented in accordance with HUD requirements.
f. Occupancy and payment
1. Payment for oc cupied unit
During the term of the HAP contract, the PHA shall make housing assistance payments to the owner for the months during which a contract unit is leased to and occupied by an eligible family. If an assisted family moves out of a contract unit, the owner may keep the housing assistance payment for the calendar month when the family moves out (“move-out month”). However, the owner may not keep the payment if the PHA determines that the vacancy is the owner’s fault.
2. Vacancy payment
THE PHA HAS DISCRETION WHETHER TO INCLUDE THE
VACANCY PAYMENT PROVISION (PARAGRAPH f.2), OR TO
STRIKE THIS PROVISION FROM THE HAP CONTRACT FORM.
a. If an assisted family moves ou t of a contract unit, the PHA may provide vacancy payments to the owner for a PHA-determined vacancy period extending from the beginning of the first calendar month after the move-out month for a period not exceeding two full months following the move-out month.
b. The vacancy payment to the owner for each month of the maximum two-month period will be determined by the PHA, and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner (including amounts available from the tenant’s security deposit).
Any vacancy payment may cover only the period the unit remains vacant.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 5 of Part 1
(04/2023)
c. The PHA may make vacancy pa yments to the owner only if:
1. The owner gives the PHA prom pt, written notice certifying that the family has vacated the unit and the date when the family moved out (to the best of the owner’s knowledge
and belief);
2. The owner certifies that the va cancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed;
3. The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and
4. The owner provides any addi tional information required and requested by the PHA to verify that the owner is
entitled to the vacancy payment.
d. The PHA must take every reasonable action to minimize the likelihood and length of vacancy.
e. The owner may refer families to the PHA for placement on the PBV waiting list.
f. The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payments.
3. PHA is not responsible for family damage or debt to owner Except as provided in this paragraph f (Occupancy and Payment), the PHA will not make any other payment to the owner under the HAP contract. The PHA will not make any payment to the owner for any damages to the unit, or for any other amounts owed by a family under the family’s lease.
g. Income-mixing requirement
1. Except as provided in paragraphs g.2 through g.5 below, the PHA will not make housing assistance payments under the HAP contract for more than OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 6 of Part 1
(04/2023)
the greater of 25 units or 25 percent of the total number of dwelling units (assisted or unassisted) in any project. The term “project” means a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land assisted under this HAP contract.
2. The limitation in paragr aph g.1 does not apply to single-family buildings.
3. In referring eligible families to th e owner for admission to the number of contract units in any project exceeding the 25 unit or 25 percent limitation under paragraph g.1, the PHA shall give preference to the applicable families as listed in g.8 below, for the number of contract units exclusively made available for occupancy by such families. The owner shall rent that number of contract units to such families referred by the PHA from the PHA waiting list.
4. Up to the greater of 25 units or 40 pe rcent of units (instead of the greater of 25 units or 25 percent of units) in a project may be project-based if the project is located in a census tract with a poverty rate of 20 percent or less.
5. Units that were previously subject to certain federal rent restrictions or receiving another type of long-term housing subsidy provided by HUD do not count toward the income-mixing requirement if, in the five years prior to issuance of the Request for Proposal or notice of owner selection (for projects selected based on a prior competition or without competition), the unit received one of the forms of HUD assistance or was under a federal rent restriction as described in g.6 and g.7, below.
6. The following specifies the number of contract units (if any) that received one of the following forms of HUD assistance:
___ Public Housing or Operating Funds;
___ Project-Based Rental Assistan ce (including Mod Rehab and Mod Rehab Single-Room Occupancy);
___ Housing for the Elderly (Section 202 or the Housing Act of 1959); ___ Housing for Persons with Di sabilities (Section 811 of the Cranston-Gonzalez Affordable Housing Act);
___ Rent Supplement Program;
___ Rental Assistance Program;
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 7 of Part 1
(04/2023)
___ Flexible Subsidy Program.
Place a check mark in front of the form of assistance received by any of the contract units. The following total number of contract units received a form of HUD assistance listed above:
___________________________________________.
If all of the units in the project received such assistance, then skip number g.8, below.
7. The following specifies the number of contract units (if any) that were under any of the following federal rent restrictions:
___ Section 236;
___ Section 221(d)(3) or (d)(4) BMIR (below-market interest rate); ___ Housing for the Elderly (Section 202 or the Housing Act of 1959); ___ Housing for Persons with Di sabilities (Section 811 of the Cranston-Gonzalez Affordable Housing Act);
___ Flexible Subsidy Program.
Place a check mark in front of the type of federal rent restriction that applied to any of the contract units. The following total number of contract units were subject to a federal rent restriction listed above:
___________________________________________.
If all of the units in the project were subject to a federal rent restriction, then skip number g.8, below.
8. The following specifies the number of contract units (if any) exclusively made available to elderly families, families eligible for supportive services, or eligible youth receiving Family Unification Program or Foster Youth to Independence (FUP/FYI) assistance:
a Place a check mark here ___ if a ny contract units are exclusively made available for occupancy by elderly families; The following number of contract units shall be rented to elderly families:
___________________________________________.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 8 of Part 1
(04/2023)
b. Place a check mark here ___ if a ny contract units are exclusively made available for occupancy by families eligible for supportive services. The following number of contract units shall be rented to families eligible for supportive services:
___________________________________________.
c. Place a check mark here ___ if any contract units are exclusively made available for occupancy by eligible youth receiving FUP/FYI assistance. The following number of contract units shall be rented to eligible youth receiving FUP/FYI assistance:
___________________________________________.
9. The PHA and owner must comply wi th all HUD requirements regarding income mixing.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 10 of Part 1
(04/2023)
EXECUTION OF HAP CONTRACT FOR CONTRACT UNITS COMPLETED
AND ACCEPTED IN STAGES
(For multi-stage projects, at acceptance of each stage, the PHA and the owner sign the HAP contract execution for the completed stage.)
I/We, the undersigned, certify under penalty of perjury that the information provided above is true and correct.
WARNING: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §3729, 3802).
STAGE NO. 1: The Contract is hereby executed for the contract units in this stage.
STAGE EFFECTIVE DATE: The effective date of the Contract for this stage is:
Date
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 11 of Part 1
(04/2023)
STAGE NO. 2: The Contract is hereby executed for the contract units in this stage.
STAGE EFFECTIVE DATE: The effective date of the Contract for this stage is:
Date
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 12 of Part 1
(04/2023)
STAGE NO. 3: The Contract is hereby executed for the contract units in this stage.
STAGE EFFECTIVE DATE: The effective date of the Contract for this stage is:
Date
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 13 of Part 1
(04/2023)
STAGE NO. __: The Contract is hereby executed for the contract units in this stage.
STAGE EFFECTIVE DATE: The effective date of the Contract for this stage is:
Date
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By:
Signature of authorized representative
Name and official title (Print)
Date
Exhibit' of HAP
HAP EXHIBIT D
Features Provided to Comply with Program Accessibility Features of Section 504 of the Rehabilitation Act of 1973
At Section 504 Accessible Units:
Building: Building B, Level 1
Units: Units 101B and 102B
x Ground floor units
x Accessible path to unit entrance
x Accessible path within the unit to all rooms
x Kitchens - countertops at 34” height
x Kitchens - upper cabinets at 46” max to lower shelf
x Kitchens – 30” long accessible work counter space
x Kitchens - Adaptable cabinets (removable base and doors) x Kitchens - sink depth 6” or less
x Bathrooms - appropriate toilet clearances, grab bars; vanity height and faucet clearances; grab bars as required
x Bathrooms – appropriate tub/shower clearances
At Units for Visually or Hearing Impaired:
Building: Building B, Level 1
Units: Units 101B and 102B
x Ground Floor Units
x Visual/flashing doorbell
x Additional audible/vi sual fire alarms
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 1 of Part 2
(04/2023)
OMB Burden Statement. The public reporting burden for this collection of information is estimated to average 1 hour. This form is required to establish terms between a PHA and owner to provide housing assistance. This contract allows a PHA to enter into a HAP contract with the owner to provide housing assistance payments for eligible families.
Assurances of confidentiality are not provided under this collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Office of Public and Indian Housing, US. Department of Housing and Urban Development, Washington, DC 20410. HUD may not conduct and sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number.
2. DEFINITIONS
Agreement. Agreement to enter into HAP Contract between the owner and the PHA. The HAP contract was entered into following new construction or rehabilitation of the contract units by the owner pursuant to an Agreement.
Contract units. The housing units covered by this HAP contract. The contract units are described in Exhibit A.
Controlling interest. In the context of PHA-owned units (see definition below), controlling interest means:
(a) Holding more than 50 percent of the stock of any corporation; or (b) Having the power to appoint more than 50 percent of the members of the board of directors of a non-stock corporation (such as a non-profit corporation); or (c) Where more than 50 percent of the members of the board of directors of any corporation also serve as directors, officers, or employees of the PHA; or (d) Holding more than 50 percent of all managing member interests in an LLC; or (e) Holding more than 50 percent of all general partner interests in a partnership; or
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
HOUSING ASSISTANCE PAYMENTS CONTRACT
NEW CONSTRUCTION OR REHABILITATION
PART 2 OF HAP CONTRACT
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 2 of Part 2
(04/2023)
(f) Having equivalent levels of control in other ownership structures.
Family. The persons approved by the PHA to reside in a contract unit with assistance under the program.
HAP contract. This housing assistance payments contract between the PHA and the owner. The contract consists of Part 1, Part 2, and the contract exhibits (listed in section 1.c of the HAP contract).
Household. The family and any PHA-approved live-in aide.
Housing assistance payment. The monthly assistance payment by the PHA for a contract unit, which includes: (1) a payment to the owner for rent to the owner under the family’s lease minus the tenant rent; and (2) an additional payment to or on behalf of the family if the utility allowance exceeds total tenant payment.
Housing quality standards (HQS). The HUD minimum quality standards for dwelling units occupied by families receiving project-based voucher program assistance.
HUD. U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements which apply to the project-based voucher program. HUD requirements are issued by HUD headquarters, as regulations, Federal Register notices or other binding program directives.
Newly constructed housing. Housing units that do not exist on the proposal selection date and are developed after the date of selection pursuant to an Agreement between the PHA and owner for use under the project-based voucher program.
Owner. Any person or entity who has the legal right to lease or sublease a unit to a participant.
PHA. Public Housing Agency. The agency that has entered into the HAP contract with the owner. The agency is a public housing agency as defined in the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)).
PHA-owned units. A unit is “owned by a PHA” if the unit is in a project that is:
(a) Owned by the PHA (which includes a PHA having a “controlling interest” in the entity that owns the unit; see definition above);
(b) Owned by an entity wholly controlled by the PHA; or OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 3 of Part 2
(04/2023)
(c) Owned by a limited liability company (LLC) or limited partnership in which the PHA (or an entity wholly controlled by the PHA) holds a controlling interest in the managing member or general partner.
Premises. The building or complex in which a contract unit is located, including common areas or grounds.
Principal or interested party. This term includes a management agent and other persons or entities participating in project management, and the officers and principal members, shareholders, investors, and other parties having a substantial interest in the HAP contract, or in any proceeds or benefits arising from the HAP contract.
Program. The project-based voucher program (see authorization for project- based assistance at 42 U.S.C. 1437f(o)(13)).
Proposal selection date. The date the PHA gives written notice of proposal selection to the owner whose proposal is selected in accordance with the criteria established in the PHA’s administrative plan.
Rehabilitated housing. Housing units that exist on the proposal selection date but do not substantially comply with the HQS on that date and are developed pursuant to an Agreement between the PHA and owner for use under the project-based voucher program.
Rent to owner. The total monthly rent payable to the owner under the lease for a contract unit. Rent to owner includes payment for any housing services, maintenance and utilities to be provided by the owner in accordance with the lease.
Tenant. The person or persons (other than a live-in aide) who executes the lease as a lessee of the dwelling unit.
Tenant rent. The portion of the rent to owner payable by the family, as determined by the PHA in accordance with HUD requirements. The PHA is not responsible for paying any part of the tenant rent.
3. PURPOSE
a. This is a HAP contract be tween the PHA and the owner. b. The purpose of the HAP contract is to provide housing assistance payments for eligible families who lease contract units that comply with OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 4 of Part 2
(04/2023)
the HUD HQS from the owner.
c. The PHA must make housing assist ance payments to the owner in accordance with the HAP contract for contract units leased and occupied by eligible families during the HAP contract term. HUD provides funds to the PHA to make housing assistance payments to owners for eligible families.
4. RENT TO OWNER; HOUSING ASSISTANCE PAYMENTS
a. Amount of initial rent to owner
The initial rent to owner for each contract unit is stated in Exhibit A, which is attached to and made a part of the HAP contract. At the beginning of the HAP contract term, and until rent to owner is adjusted in accordance with section 5 of the HAP contract, the rent to owner for each bedroom size (number of bedrooms) shall be the initial rent to owner amount listed in Exhibit A.
Place a check mark here ___ if the PHA has elected not to reduce rents below the initial rent to owner.
b. HUD rent requirements
Notwithstanding any other provision of the HAP contract, the rent to owner may in no event exceed the amount authorized in accordance with HUD requirements. The PHA has the right to reduce the rent to owner, at any time, to correct any errors in establishing or adjusting the rent to owner in accordance with HUD requirements. The PHA may recover any overpayment from the owner.
c. PHA payment to owner
1. Each month the PHA must make a housing assistance payment to the owner for a unit under lease to and occupied by an eligible family in accordance with the HAP contract.
2. The monthly housing assistance payment to the owner for a contract unit is equal to the amount by which the rent to owner exceeds the tenant rent.
3. Payment of the tenant rent is the responsibility of the family. The PHA is not responsible for paying any part of the tenant rent, or for paying any other claim by the owner against a family. The PHA is responsible only for making housing assistance payments to the OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 5 of Part 2
(04/2023)
owner on behalf of a family in accordance with the HAP contract.
4. The owner will be paid the hous ing assistance payment under the HAP contract on or about the first day of the month for which payment is due, unless the owner and the PHA agree on a later date.
5. To receive housing assistance pa yments in accordance with the HAP contract, the owner must comply with all the provisions of the HAP contract. Unless the owner complies with all the provisions of the HAP contract, the owner does not have a right to receive housing assistance payments.
6. If the PHA determines that the ow ner is not entitled to the payment or any part of it, the PHA, in addition to other remedies, may deduct the amount of the overpayment from any amounts due the owner, including amounts due under any other housing assistance payments contract.
7. The owner will notify the PHA promptly of any change of circumstances that would affect the amount of the monthly housing assistance payment, and will return any payment that does not conform to the changed circumstances.
d. Termination of assistance for family
The PHA may terminate housing assistance for a family under the HAP contract in accordance with HUD requirements. The PHA must notify the owner in writing of its decision to terminate housing assistance for the family in such case.
5. ADJUSTMENT OF RENT TO OWNER
a. PHA determination of adjusted rent
1. At each annual anniversary duri ng the term of the HAP contract, the PHA shall adjust the amount of rent to owner, upon request to the PHA by the owner, in accordance with law and HUD
requirements. In addition, the PHA shall adjust the rent to owner when there is a ten percent decrease in the published, applicable Fair Market Rent in accordance with 24 CFR 983.302. However, if the PHA has elected within the HAP contract not to reduce rents OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 6 of Part 2
(04/2023)
below the initial rent to owner, the rent to owner shall not be reduced below the initial rent to owner except in those cases described in 24 CFR 983.302(c)(2).
2. The adjustment of rent to owne r shall always be determined in accordance with all HUD requirements. The amount of the rent to owner may be adjusted up or down, in the amount defined by the PHA in accordance with HUD requirements.
b. Reasonable rent
The rent to owner for each contract unit, as adjusted by the PHA in accordance with 24 CFR 983.303, may at no time exceed the reasonable rent charged for comparable units in the private unassisted market, except in cases where the PHA has elected within the HAP contract not to reduce rents below the initial rent to owner. The reasonable rent shall be determined by the PHA in accordance with HUD requirements. c. No special adjustments
The PHA will not make any special adjustments of the rent to owner. d. Owner compliance with HAP contract
The PHA shall not approve, and the owner shall not receive, any increase of rent to owner unless all contract units are in accordance with the HQS, and the owner has complied with the terms of the assisted leases and the HAP contract.
e. Notice of rent adjustment
Rent to owner shall be adjusted by written notice by the PHA to the owner in accordance with this section. Such notice constitutes an amendment of the rents specified in Exhibit A.
6. OWNER RESPONSIBILITY
The owner is responsible for:
a. Performing all manageme nt and rental functions for the contract units. b. Maintaining the units in accordance with HQS.
c. Complying with equal opportunity requirements.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 7 of Part 2
(04/2023)
d. Enforcing tenant obligations under the lease.
e. Paying for utilities and housing se rvices (unless paid by the family under the lease).
f. Collecting from the tenant:
1. Any security deposit;
2. The tenant rent; and
3. Any charge for unit damage by the family.
7. OWNER CERTIFICATION
The owner certifies that at all times during the term of the HAP contract:
a. All contract units are in good and tenantable condition. The owner is maintaining the premises and all contract units in accordance with the HQS.
b. The owner is providing all the servic es, maintenance and utilities as agreed to under the HAP contract and the leases with assisted families. c. Each contract unit for which the owner is receiving housing assistance payments is leased to an eligible family referred by the PHA, and the lease is in accordance with the HAP contract and HUD requirements. d. To the best of the owner’s knowledge, the members of the family reside in each contract unit for which the owner is receiving housing assistance payments, and the unit is the family’s only residence.
e. The owner (including a principal or other interested party) is not the parent, child, grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit unless the PHA has determined that approving leasing of the unit would provide a reasonable accommodation for a family member who is a person with disabilities.
f. The amount of the housing assistance payment is the correct amount due under the HAP contract.
g. The rent to owner for each contract unit does not exceed rents charged by the owner for other comparable unassisted units.
h. Except for the housing assi stance payment and the tenant rent as provided OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 8 of Part 2
(04/2023)
under the HAP contract, the owner has not received and will not receive any payments or other consideration (from the family, the PHA, HUD, or any other public or private source) for rental of the contract unit. i. The family does not own, or have any interest in the contract unit. If the owner is a cooperative, the family may be a member of the cooperative.
8. CONDITION OF UNITS
a. Owner maintenance and operation
The owner must maintain and operate the contract units and premises to provide decent, safe and sanitary housing in accordance with the HQS, including performance of ordinary and extraordinary maintenance. The owner must provide all the services, maintenance and utilities set forth in Exhibits B and C, and in the lease with each assisted family. b. PHA inspections
1. The PHA must inspect each contra ct unit before execution of the HAP contract. The PHA may not enter into a HAP contract covering a unit until the unit fully complies with the HQS.
2. Before providing assistance to a ne w family in a contract unit, the PHA must inspect the unit. The PHA may not provide assistance on behalf of the family until the unit fully complies with the HQS.
3. At least biennially during the te rm of the HAP contract, the PHA must inspect a random sample, consisting of at least 20 percent of the contract units in each building, to determine if the contract units and the premises are maintained in accordance with the HQS.
Turnover inspections pursuant to paragraph 2 of this section are not counted toward meeting this biennial inspection requirement.
4. If more than 20 percent of the samp le of inspected contract units in a building fail the initial inspection, the PHA must reinspect 100 percent of the contract units in the building.
5. The PHA must inspect contra ct units whenever needed to determine that the contract units comply with the HQS and that the owner is providing maintenance, utilities, and other services in accordance with the HAP contract. The PHA must take into account complaints and any other information that comes to its attention in scheduling inspections.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 9 of Part 2
(04/2023)
c. Violation of the housing quality standards
1. If the PHA determines a contract uni t is not in accordance with the HQS, the PHA may exercise any of its remedies under the HAP contract for all or any contract units. Such remedies include termination, suspension or reduction of housing assistance payments, and termination of the HAP contract.
2. The PHA may exercise any such contractual remedy respecting a contract unit even if the family continues to occupy the unit.
3. The PHA shall not make any housi ng assistance for a dwelling unit that fails to meet the HQS, unless the owner corrects the defect within the period specified by the PHA and the PHA verifies the correction. If a defect is life threatening, the owner must correct the defect within no more than 24 hours. For other defects, the owner must correct the defect within no more than 30 calendar days (or any PHA-approved extension).
d. Maintenance and replacemen t—owner’s standard practice Maintenance and replacement (including redecoration) must be in accordance with the standard practice for the building concerned as established by the owner.
9. LEASING CONTRACT UNITS
a. Selection of tenants
1. During the term of the HAP cont ract, the owner must lease all contract units to eligible families selected and referred by the PHA from the PHA waiting list. (See 24 CFR 983.251.)
2. The owner is responsible for a dopting written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low-income families and reasonably related to program eligibility and an applicant’s ability to perform the lease obligations.
3. Consistent with HUD requirement s, and Federal civil rights and fair housing requirements, the owner may apply its own
nondiscriminatory tenant selection procedures in determining whether to admit a family referred by the PHA for occupancy of a OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 10 of Part 2
(04/2023)
contract unit. The owner may refer families to the PHA for placement on the PBV waiting list.
4. The owner must promptly notify in writing any rejected applicant of the grounds for rejection.
5. The PHA must determine family eligibility in accordance with HUD requirements.
6. The contract unit leased to each family must be appropriate for the size of the family under the PHA’s subsidy standards.
7. If a contract unit was occupied by an eligible family at the time the unit was selected by the PHA, or is so occupied on the effective date of the HAP contract, the owner must offer the family the opportunity to lease the same or another appropriately-sized contract unit with assistance under the HAP contract.
8. The owner is responsible for scre ening and selecting tenants from the families referred by the PHA from its waiting list. b. Vacancies
1. The owner must promptly notif y the PHA of any vacancy in a contract unit. After receiving the owner notice, the PHA shall make every reasonable effort to refer a sufficient number of families for owner to fill the vacancy..
2. The owner must rent vacant contra ct units to eligible families on the PHA waiting list referred by the PHA.
3. The PHA and the owner must make reasonable, good faith efforts to minimize the likelihood and length of any vacancy.
4. If any contract units have been vacant for a period of 120 or more days since owner notice of vacancy (and notwithstanding the reasonable good faith efforts of the PHA to fill such vacancies), the PHA may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (by number of bedrooms) that have been vacant for such period.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 11 of Part 2
(04/2023)
10. TENANCY
a. Lease
The lease between the owner and each assisted family must be in accordance with HUD requirements. In all cases, the lease must include the HUD-required tenancy addendum. The tenancy addendum must include, word-for-word, all provisions required by HUD. b. Termination of tenancy
1. The owner may only terminate the tenancy in accordance with the lease and HUD requirements.
2. The owner must give the PHA a copy of any owner eviction notice to the tenant at the same time that the owner gives notice to the tenant. Owner eviction notice means a notice to vacate, or a complaint or other initial pleading used to commence an eviction action under State or local law.
c. Family payment
1. The portion of the monthly rent to owner payable by the family (“tenant rent”) will be determined by the PHA in accordance with HUD requirements. The amount of the tenant rent is subject to change during the term of the HAP contract. Any changes in the amount of the tenant rent will be effective on the date stated in a notice by the PHA to the family and the owner.
2. The amount of the tenant rent as determined by the PHA is the maximum amount the owner may charge the family for rent of a contract unit, including all housing services, maintenance and utilities to be provided by the owner in accordance with the HAP contract and the lease.
3. The owner may not demand or acce pt any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess rent payment to the tenant.
4. The family is not responsible fo r payment of the portion of the contract rent covered by the housing assistance payment under the HAP contract. The owner may not terminate the tenancy of an OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 12 of Part 2
(04/2023)
assisted family for nonpayment of the PHA housing assistance payment.
5. The PHA is responsible only fo r making the housing assistance payments to the owner on behalf of the family in accordance with the HAP contract. The PHA is not responsible for paying the tenant rent, or any other claim by the owner.
d. Other owner charges
1. Except as provided in paragraph 2, the owner may not require the tenant or family members to pay charges for meals or supportive services. Nonpayment of such charges is not grounds for termination of tenancy.
2. In assisted living developments receiving project-based voucher assistance, owners may charge tenants, family members, or both for meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of reasonable rent. Non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development.
3. The owner may not charge the te nant or family members extra amounts for items customarily included in rent in the locality or provided at no additional cost to the unsubsidized tenant in the premises.
e. Security deposit
1. The owner may collect a securi ty deposit from the family.
2. The owner must comply with HUD and PHA requirements, which may change from time to time, regarding security deposits from a tenant.
3. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted families.
4. When the family moves out of the contract unit, the owner, subject to State and local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid tenant rent, damages to the unit or OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 13 of Part 2
(04/2023)
other amounts which the family owes under the lease. The owner must give the family a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the owner, the owner must promptly refund the full amount of the balance to the family.
5. If the security deposit is not su fficient to cover amounts the family owes under the lease, the owner may seek to collect the balance from the family. However, the PHA has no liability or
responsibility for payment of any amount owed by the family to the owner.
11. FAMILY RIGHT TO MOVE
a. The family may terminate its lease at any time after the first year of occupancy. The family must give the owner advance written notice of intent to vacate (with a copy to the PHA) in accordance with the lease. If the family has elected to terminate the lease in this manner, the PHA must offer the family the opportunity for tenant-based rental assistance in accordance with HUD requirements.
b. Before providing notice to terminate the lease under paragraph a, the family must first contact the PHA to request tenant-based rental assistance if the family wishes to move with continued assistance. If tenant-based rental assistance is not immediately available upon lease termination, the PHA shall give the family priority to receive the next available opportunity for tenant-based rental assistance.
12. OVERCROWDED, UNDER-OCCUPIED, AND ACCESSIBLE UNITS
The PHA subsidy standards determine the appropriate unit size for the family size and composition. The PHA and owner must comply with the requirements in 24 CFR 983.260. If the PHA determines that a family is occupying a wrong-size unit, or a unit with accessibility features that the family does not require, and the unit is needed by a family that requires the accessibility features, the PHA must promptly notify the family and the owner of this determination, and of the PHA’s offer of continued assistance in another unit. 24 CFR 983.260(a).
13. PROHIBITION OF DISCRIMINATION
a. The owner may not refuse to leas e contract units to, or otherwise discriminate against any person or family in leasing of a contract unit, because of race, color, religion, sex (including sexual orientation and gender identity), national origin, disability, age or familial status.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 14 of Part 2
(04/2023)
b. The owner must comply with the following requirements: The Fair Housing Act (42 U.S.C. 3601–19) and implementing regulations at 24 CFR part 100 et seq.; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959–1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing Programs) and implementing regulations at 24 CFR part 107; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1; the Age Discrimination Act of 1975 (42 U.S.C. 6101–6107) and implementing regulations at 24 CFR part 146; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8; title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. ; 28 CFR part 35; Executive Order 11246, as amended by Executive Orders 113 75, 11478, 12086, and 12107 (3 CFR, 1964–1965 Comp., p. 339; 3 CFR, 1966–1970 Comp., p. 684; 3 CFR, 1966–1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60; Executive Order 11625, as amended by Executive Order 12007 (3 CFR, 1971–1975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245) (Women’s Business Enterprise).
c. The owner must comply with HUD’s Equal Access to HUD-assisted or - insured housing rule (24 CFR 5.105(a)(2)).
d. The owner must comply with the Violence Against Women Act, as amended, and HUD’s implementing regulation at 24 CFR part 5, Subpart L, and program regulations.
e. The PHA and the owner must coope rate with HUD in the conducting of compliance reviews and complaint investigations pursuant to all applicable civil rights statutes, Executive Orders, and all related rules and regulations.
14. PHA DEFAULT AND HUD REMEDIES
If HUD determines that the PHA has failed to comply with the HAP contract, or has failed to take appropriate action to HUD’s satisfaction or as directed by HUD, for enforcement of the PHA’s rights under the HAP contract, HUD may assume OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 15 of Part 2
(04/2023)
the PHA’s rights and obligations under the HAP contract, and may perform the obligations and enforce the rights of the PHA under the HAP contract.
15. OWNER DEFAULT AND PHA REMEDIES
a. Owner default
Any of the following is a default by the owner under the HAP contract:
1. The owner has failed to comply with any obligation under the HAP contract, including the owner’s obligations to maintain all contract units in accordance with the housing quality standards.
2. The owner has violated any obligation under any other housing assistance payments contract under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
3. The owner has committed any fra ud or made any false statement to the PHA or HUD in connection with the HAP contract.
4. The owner has committed fraud, br ibery or any other corrupt or criminal act in connection with any Federal housing assistance program.
5. If the property where the contract units are located is subject to a lien or security interest securing a HUD loan or a mortgage insured by HUD and:
i. The owner has failed to comply with the regulations for the applicable mortgage insurance or loan program, with the mortgage or mortgage note, or with the regulatory
agreement; or
ii. The owner has committed fraud, bribery or any other corrupt or criminal act in connection with the HUD loan or HUD-insured mortgage.
6. The owner has engaged in any drug- related criminal activity or any violent criminal activity.
b. PHA remedies
1. If the PHA determines that a breach has occurred, the PHA may exercise any of its rights or remedies under the HAP contract.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 16 of Part 2
(04/2023)
2. The PHA must notify the owner in writing of such determination.
The notice by the PHA to the owner may require the owner to take corrective action (as verified by the PHA) by a time prescribed in the notice.
3. The PHA’s rights and remedies under the HAP contract include recovery of overpayments, termination or reduction of housing assistance payments, and termination of the HAP contract. c. PHA remedy is not waived
The PHA’s exercise or non-exercise of any remedy for owner breach of the HAP contract is not a waiver of the right to exercise that remedy or any other right or remedy at any time.
16. OWNER DUTY TO PROVIDE INFORMATION AND ACCESS
REQUIRED BY HUD OR PHA
a. Required information
The owner must prepare and furnish any information pertinent to the HAP contract as may reasonably be required from time to time by the PHA or HUD. The owner shall furnish such information in the form and manner required by the PHA or HUD.
b. PHA and HUD access to premises
The owner must permit the PHA or HUD or any of their authorized representatives to have access to the premises during normal business hours and, for the purpose of audit and examination, to have access to any books, documents, papers and records of the owner to the extent necessary to determine compliance with the HAP contract, including the verification of information pertinent to the housing assistance payments or the HAP contract.
17. PHA AND OWNER RELATION TO THIRD PARTIES
a. Injury because of owner action or failure to act
The PHA has no responsibility for or liability to any person injured as a result of the owner’s action or failure to act in connection with the implementation of the HAP contract, or as a result of any other action or failure to act by the owner.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 17 of Part 2
(04/2023)
b. Legal relationship
The owner is not the agent of the PHA. The HAP contract does not create or affect any relationship between the PHA and any lender to the owner or any suppliers, employees, contractors or subcontractors used by the owner in connection with the implementation of the HAP contract. c. Exclusion of third-party claims
Nothing in the HAP contract shall be construed as creating any right of a family or other third party (other than HUD) to enforce any provision of the HAP contract, or to assert any claim against HUD, the PHA or the owner under the HAP contract.
d. Exclusion of owner claims against HUD
Nothing in the HAP contract shall be construed as creating any right of the owner to assert any claim against HUD.
18. PHA-OWNED UNITS
Notwithstanding Section 17 of this HAP contract, a PHA may own units assisted under the project-based voucher program, subject to the special requirements in 24 CFR 983.59 regarding PHA-owned units.
19. CONFLICT OF INTEREST
a. Interest of members, officers, or employees of PHA, members of local governing body, or other public officials
1. No present or former member or officer of the PHA (except tenant- commissioners), no employee of the PHA who formulates policy or influences decisions with respect to the housing choice voucher program or project-based voucher program, and no public official or member of a governing body or State or local legislator who exercises functions or responsibilities with respect to these programs, shall have any direct or indirect interest, during his or her tenure or for one year thereafter, in the HAP contract.
2. HUD may waive this provision for good cause.
b. Disclosure
The owner has disclosed to the PHA any interest that would be a violation of the HAP contract. The owner must fully and promptly update such OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 18 of Part 2
(04/2023)
disclosures.
c. Interest of member of or delegate to Congress
No member of or delegate to the Congress of the United States of America or resident-commissioner shall be admitted to any share or part of this HAP Contract or to any benefits arising from the contract.
20. EXCLUSION FROM FEDERAL PROGRAMS
a. Federal requirements
The owner must comply with and is subject to requirements of 2 CFR part 2424.
b. Disclosure
The owner certifies that:
1. The owner has disclosed to the PH A the identity of the owner and any principal or interested party.
2. Neither the owner nor any principa l or interested party is listed on the U.S. General Services Administration list of parties excluded from Federal procurement and nonprocurement programs; and none of such parties are debarred, suspended, subject to a limited denial of participation or otherwise excluded under 2 CFR part 2424.
21. TRANSFER OF THE CONTRACT OR PROPERTY
a. When consent is required
1. The owner agrees that neither the HAP contract nor the property may be transferred without the advance written consent of the PHA in accordance with HUD requirements.
2. “Transfer” includes:
a. Any sale or assignment or other transfer of ownership, in any form, of the HAP contract or the property;
b. The transfer of any right to receive housing assistance payments that may be payable pursuant to the HAP
contract;
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 19 of Part 2
(04/2023)
c. The creation of a security in terest in the HAP contract or the property;
d. Foreclosure or other execution on a security interest; or e. A creditor’s lien, or transfer in bankruptcy.
3. If the owner is a corporation, part nership, trust or joint venture, the owner is not required to obtain advance consent of the PHA pursuant to paragraph a for transfer of a passive and non- controlling interest in the ownership entity (such as a stock transfer or transfer of the interest of a limited partner), if any interests so transferred cumulatively represent less than half the beneficial interest in the HAP contract or the property. The owner must obtain advance consent pursuant to paragraph a for transfer of any interest of a general partner.
b. Transferee assumption of HAP contract
No transferee (including the holder of a security interest, the security holder’s transferee or successor in interest, or the transferee upon exercise of a security interest) shall have any right to receive any payment of housing assistance payments pursuant to the HAP contract, or to exercise any rights or remedies under the HAP contract, unless the PHA has consented in advance, in writing to such transfer, and the transferee has agreed in writing, in a form acceptable to the PHA in accordance with HUD requirements, to assume the obligations of the owner under the HAP contract, and to comply with all the terms of the HAP contract. c. Effect of consent to transfer
1. The creation or transfer of a ny security interest in the HAP contract is limited to amounts payable under the HAP contract in accordance with the terms of the HAP contract.
2. The PHA’s consent to transfer of the HAP contract or the property does not to change the terms of the HAP contract in any way, and does not change the rights or obligations of the PHA or the owner under the HAP contract.
3. The PHA’s consent to transfer of the HAP contract or the property to any transferee does not constitute consent to any further transfers of the HAP contract or the property, including further transfers to any successors or assigns of an approved transferee.
OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 20 of Part 2
(04/2023)
d. When transfer is prohibited
The PHA will not consent to the transfer if any transferee, or any principal or interested party is debarred, suspended subject to a limited denial of participation, or otherwise excluded under 2 CFR part 2424, or is listed on the U.S. General Services Administration list of parties excluded from Federal procurement or nonprocurement programs.
22. SUBSIDY LAYERING
a. Owner disclosure
The owner must disclose to the PHA, in accordance with HUD requirements, information regarding any related assistance from the Federal Government, a State, or a unit of general local government, or any agency or instrumentality thereof, that is made available or is expected to be made available with respect to the contract units. Such related assistance includes, but is not limited to, any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect assistance.
b. Limit of payments
Housing assistance payments under the HAP contract must be no more than is necessary, as determined in accordance with HUD requirements, to provide affordable housing after taking account of such related assistance.
The PHA will adjust in accordance with HUD requirements the amount of the housing assistance payments to the owner to compensate in whole or in part for such related assistance.
23. OWNER LOBBYING CERTIFICATIONS
a. The owner certifies, to the best of owner’s knowledge and belief, that:
1. No Federally appropriated funds have been paid or will be paid, by or on behalf of the owner, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of the HAP contract, or the extension, continuation, renewal, amendment, or modification of the HAP contract.
2. If any funds other than Federa lly appropriated funds have been paid or will be paid to any person for influencing or attempting to OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 21 of Part 2
(04/2023)
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the HAP contract, the owner must complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. b. This certification by the owner is a pr erequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
24. TERMINATION OF HAP CONTRA CT FOR WRONGFUL SELECTION
OF CONTRACT UNITS
The HAP contract may be terminated upon at least 30 days notice to the owner by the PHA or HUD if the PHA or HUD determines that the contract units were not eligible for selection in conformity with HUD requirements.
25. NOTICES AND OWNE R CERTIFICATIONS
a. Where the owner is required to give any notice to the PHA pursuant to the HAP contract or any other provision of law, such notice must be in writing and must be given in the form and manner required by the PHA. b. Any certification or warranty by the owner pursuant to the HAP contract shall be deemed a material representation of fact upon which reliance was placed when this transaction was made or entered into.
26. NOTICE OF TERMINATION OR EXPIRATION WITHOUT
EXTENSION
a. An owner must provide notice to the PHA, and to the affected tenants, not less than 1 year prior to the termination or expiration without extension of a HAP contract.
b. An owner who fails to provide such notice must permit tenants to remain in their units for the required notice period with no increase in the tenant portion of the rent. During this time period, an owner may not evict a tenant as a result of the owner’s inability to collect an increased tenant portion of rent. With PHA agreement, an owner may extend the terminating contract for a period of time sufficient to give tenants 1 years’s advance notice.
27. FAMILY’S RIGHT TO REMAIN
Upon termination or expiration of the contract without extension, each family assisted under the contract may elect to use its assistance to remain in the project OMB Approval No. 2577–0169
(exp. 04/30/2026)
Project-Based Voucher Program
HAP Contract for New Construction/Rehab
Previous editions are obsolete
HUD 52530A Page - 22 of Part 2
(04/2023)
if the family’s unit complies with the inspection requirements under section 8(o)(8) (42 U.S.C. 1437f(o)(8) of the U.S. Housing Act of 1937 (“the 1937 Act”)), the rent for the unit is reasonable as required by section 8(o)(10)(A) of the 1937 Act, and the family pays its required share of the rent and the amount, if any, by which the unit rent (including the amount allowed for tenant-paid utilities) exceeds the applicable payment standard.
28. ENTIRE AGREEMENT; INTERPRETATION
a. The HAP contract, including the exhi bits, is the entire agreement between the PHA and the owner.
b. The HAP contract must be interpre ted and implemented in accordance with all statutory requirements, and with all HUD requirements, including amendments or changes in HUD requirements during the term of the HAP contract. The owner agrees to comply with all such laws and HUD requirements. Any regulatory citation specifically included in this HAP contract is subject to any subsequent revision of such citation. 12)
Agreement with Engineering Resources of Southern California, Inc. for Civil Engineering Services for the Graham Street Parking Lot Project Approve and authorize the City Manager to execute a professional Services Agreement with Engineering Resources of Southern California, Inc. in the amount of $62,085.00 for Civil Engineering Services for the Graham Street Parking Lot Project in such final form as approved by the City Attorney, approve and authorize the City Manager to change orders up to 10% of the agreement in an amount not to exceed $6,208.00, and approve and authorize the City Manager to accept the improvements into the City Maintained System and the City Clerk file the Notice of Completion with the County Recorder.