HomeMy WebLinkAbout06/24/2008 CC Reports
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
DARYL HICKMAN, MAYOR
GENIE KELLEY, MAYOR PRO TEM
THOMAS BUCKLEY, COUNCILMAN
ROBERT E. "BOB" MAGEE, COUNCILMAN
ROBERT SCHIFFNER, COUNCILMAN
ROBERT A. BRADY, CITY MANAGER
WWW.LAKE-ELSINORE.ORG
(951) 674-3124 PHONE
(951) 674-2392 FAX
LAKE ELSINORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
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TUESDAY, JUNE 24, 2008
STUDY SESSION AT 4:00 P.M.
CLOSED SESSION AT 5:00 P.M.
PUBLIC SESSION AT 7:00 P.M.
The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the
Council and Agency with valuable information regarding issues of the community.
Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are
televised live on Time Warner Cable Station Channel 29 and Verizon Subscribers can
view the meetings on Channel 31.
If you are attending this City Council Meeting, please park in the parking lot across the
street from the Cultural Center. This will assist us in limiting the impact of meetings on
the Downtown Business District. Thank you for your cooperation.
The agenda is posted 72 hours prior to each meeting outside of City Hall and is
available at each meeting. The agenda and related reports are also available at the
City Clerk's Office on the Friday prior to the Council meeting and are available on the
City's web site at www.lake-elsinore.orq. Any writings distributed within 72 hours of the
meeting will be made available to the public at the time it is distributed to the City
Council.
In compliance with the Americans with Disabilities Act, any person with a disability who
requires a modification or accommodation in order to participate in a meeting should
contact the City Clerk's Office at (951) 674-3124, ext. 262, at least 48 hours before the
meeting to make reasonable arrangements to ensure accessibility.
CALL TO ORDER -- 5:00 P.M.
CLOSED SESSION
No closed session items.
CALL BACK TO ORDER (7:00 P.M.)
PLEDGE OF ALLEGIANCE
INVOCATION - MOMENT OF SILENT PRAYER
ROLL CALL
CLOSED SESSION REPORT
PRESENTATIONS/CEREMONIALS
(1) Mayor Hickman will present a proclamation to Deputy Joseph Narciso who was
recently recognized by MADD for being one of the top performers in the State of
California.
(2) A representative from the Lake Elsinore Chamber of Commerce will be providing
an update on Chamber activities.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
(Please read & complete a Speaker's Form at the podium, prior to the start of the City
Council Meeting.)
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the podium, prior to the start of the City
Council Meeting. The Mayor will call on you to speak, when your item is called.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved on one motion, unless a
Councilmember or any member of the public requests separate action on a specific
item.)
(3) Minutes of the Followinq Meetinq(s)
a) Joint City Council/Redevelopment Agency Study Session - June 10, 2008
b) Regular Meeting - June 10, 2008
Recommendation: Approve as submitted.
(4) Warrant List Dated June 12.2008
Recommendation: Authorize payment of Warrant List dated June 12,2008.
(5) Investment Report - Mav 2008
Recommendation: Receive and file.
(6) Notice of Completion for Median Modification on Malaqa Road
Recommendation: Authorize the Mayor to execute the Notice of Completion and
allow the City Clerk to file the Notice of Completion with the County of Riverside.
(7) Summary Street Vacation for the Rioht-Of-Wav Known as Silver Street
Recommendation: Waive further reading and adopt a resolution for the vacation
of a portion of Silver Street.
(8) Resolution of the Fees for the Transportation Uniform Mitiqation Fee (TUMF)
Prooram
Recommendation: Waive further reading and adopt a resolution amending the
applicable Transportation Uniform Mitigation Fee (TUMF) applicable to all
developments in the City of Lake Elsinore.
(9) Professional Enqineerinq Services - Chuck Mackey
Recommendation: Authorize the City Manager to enter into a contract with
Chuck Mackey to provide on-call engineering services on an as needed basis.
(10) Professional Enoineerinq Services - Dave Solomon
Recommendation: Authorize the City Manager to enter into a contract with Dave
Solomon to provide on-call project management and engineering services on an
as needed basis.
(11) Professional Enqineerino Services - Peter Ramey
Recommendation: Authorize the City Manager to enter into a contract with Peter
Ramey to provide Construction Management Services for the Rosetta Canyon
Fire Station project.
(12) Alberhill Ranch Sports Park Turf Renovation
Recommendation: Authorize the Director of Parks and Recreation to temporarily
close Alberhill Ranch Sports Park for turf renovation and to accept the materials
donated by Cal South.
(13) Railroad Canyon Road Slope Stabilization Proiect - Construction Contract Award
Recommendation: Reject both bids and direct staff to monitor the slope for any
change in conditions. Concurrently, review the project plans for value
engineering and return to City Council for new estimated and additional funding
sources if necessary.
(14) Contract with Lilburn Corporation to Prepare CEQA Compliance Documents for
the Proiect Known as "Alberhill Southwest Shale Mine Reclamation Plan"
Recommendation: Authorize the City Manager to enter into a contract with
Lilburn Corporation, Inc. to prepare the CEQA compliance documents for the
Alberhill Southwest Shale Mine Reclamation Plan, in an amount not to exceed
$25,4 70.
(15) Contract with HDR. Inc. to Prepare CEQA Compliance Documents for the Proiect
Known as "Lake Elsinore Association II"
Recommendation: Authorize the City Manager to enter into a contract with HDR,
Inc. in an amount not to exceed $149,200.
(16) Contract with David Hoqan to Prepare CEQA Compliance Documents for the
Proiect Known as "Collier Avenue Auto Center"
Recommendation: Authorize the City Manager to enter into a contract with David
Hogan in an amount not to exceed $20,480.
(17) Contract with David Hoqan to Prepare CEQA Compliance Documents for the
Proiect Known as "Lake Street Marketplace"
Recommendation: Authorize the City Manager to enter into a contract with David
Hogan in an amount not to exceed $22,460.
(18) Annual Adoption of Investment Policy
Recommendation: Approve the City's Investment Policy.
(19) Lake Elsinore Vallev Chamber of Commerce 2008-09 Services Aqreement
Recommendation: Approve the Agreement subject to any minor modifications as
may be approved by the City Attorney.
(20) General Plan Update
Recommendation: Receive and file.
(21) Planninq Division Professional Service Contracts 2008-2009 Fiscal Year
Recommendation: Authorize the City Manager to enter into a contract with
Carole Donahoe, Kirt Coury, Linda Miller and Wendy Worthey to provide
specialized planning services on an annual basis.
(22) Purchase Authorization For a Web Based Streaminq Media Solution
Recommendation: Waive the informal bidding process and authorize the City
Manager to sign and issue a purchase order to Granicus, Inc., to acquire and
install the proposed Web based streaming media solution.
(23) Aqreement with Riverside County to Provide Road Maintenance on Portions of
Lost Road and Navaio Sprinqs Road
Recommendation: Approve the Road Maintenance Agreement between the City
of Lake Elsinore and Riverside County in substantially the form provided and
authorize the Mayor to execute the Agreement in such final form as approved by
the Director of Public Works and the City Attorney.
PUBLIC HEARINGS
(24) Continued Public Hearina - Tentative Tract Map No. 34346 for Condominium
Purposes and Residential Desiqn Review No. 2005-27. for "The Colony"
Recommendations:
a) Waive further reading and adopt a resolution adopting findings that "The
Colony" project is consistent with the Multiple Species Habitat
Conservation Plan (MSHCP).
b) Waive further reading and adopt a resolution adopting Mitigated Negative
Declaration No. 2008-06.
c) Waive further reading and adopt a resolution approving Tentative Tract
Map No. 34346.
d) Waive further reading and adopt a resolution approving Residential Design
Review No. 2005-27.
(25) Capital Improvement Proaram (CIP) for FY 2008-09 Throuah 2012-13
Recommendation: Waive further reading and adopt a resolution approving the
Capital Improvement Program for Fiscal Years 2008-2009 through 2012-2013.
(26) Zonina Ordinance Text Amendment No. 2008-03; a Request to Amend Lake
Elsinore Municipal Code Chapter 17.82 (Desian Review) in Order to Modify
Existina Guidelines For Time Extension Related to Desian Review Approvals
Recommendation: Waive further reading and introduce an ordinance amending
Chapter 17.82 of the Lake Elsinore Municipal Code regarding time extensions for
design review approvals.
BUSINESS ITEMS
(27) Sub-Committee Recommendations for Plannina Commission Expired Terms
Recommendation: Consider the sub-committee's recommendations and appoint
the following three individuals to fill terms expiring June 30, 2012, on the Planning
Commission: John Gonzales, Phil Mendoza and Michael O'Neal.
(28) Second Readina - Adoption or Ordinance No. 1254. Approvina Planned Unit
Development No. 2008-01 (Grand Solutions)
Recommendation: Waive further reading and adopt Ordinance No. 1254
approving Planned Unit Development No. 2008-01.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start of the City
Council Meeting)
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
COMMITTEE REPORTS
CITY TREASURER COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT
The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday,
July 8, 2008, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main
Street, Lake Elsinore, CA 92530.
AFFIDAVIT OF POSTING
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, do hereby affirm that a
copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this
meeting.
//ss//
VIVIAN M. MUNSON
CITY CLERK
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DATE
CITY OF ~.
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~ DREAM E;(TREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: PRESENTATION
Discussion
Mayor Hickman will recognize Deputy Joseph Narciso who was recently recognized by
MADD for being one of the top performers in the State of California.
Prepared by:
Vivian M. Muns~~
City Clerk ~
Robert A. Brady{} ~
City Manager W
Approved by:
Agenda Item No. 1
Page 1 of 1
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CITY OF .~
LAKE e::! LsiNO~
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~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: CHAMBER OF COMMERCE UPDATE
Discussion
A representative from the Lake Elsinore Chamber of Commerce will be providing an
update on Chamber activities.
Recommendation
Receive and file.
Prepared by:
Vivian M. Muns~
City Clerk
Approved by:
Robert A. Brady ~~
City Manager
Agenda Item NO.2
Page 1 of 1
MINUTES
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JUNE 10,2008
****************************************************************************************************
CALL TO ORDER
Mayor Hickman called the Joint Study Session to order at 4:06 p.m.
ROLL CALL
PRESENT:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
ABSENT:
NONE
Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber,
Administrative Services Director Pressey, Information/Communications Manager Dennis
Parks & Recreation Director Gonzales, Director of Lake and Aquatic Resources Kilroy,
Director of Public Works/City Engineer Seumalo, Community Development Director
Preisendanz, Planning Manager Weiner, Planner Miller, Planner Carlson, Building
Division Manager Chipman, Public Works Manager Payne and City Clerk Munson.
DISCUSSION ITEMS
Mayor Hickman gave an overview of the presentations and confirmed that the
presenters would be present at the 7:00 p.m. meeting.
City Manager indicated Rick Bishop OF WRCOG, will be attending a future meeting to
make his presentation.
PUBLIC COMMENTS
Bill Tiitto, resident, inquired how much information could staff disclose of the closed
session items.
City Attorney Leibold responded when a case is filed and there is an actual law suit, the
City will identify the law suit. She also stated if there is a threat of litigation against the
1
Agenda Item No. 3
Page 1 of 26
City or Redevelopment Agency and it is identified as threatened or anticipated litigation
and under the Brown Act, if the facts are not generally known, and it would compromise
the City or the Agency's position to disclose those facts, then there is no legal
requirement to disclose. She also indicated there will be no record of the action if the
case is never filed or it does not develop into real litigation.
Bill Tiitto, resident, expressed his concerns with the lack of voting identification at the
Lakeside Middle School precinct at the June 3rd election and asked for an explanation.
Bill Tiitto, resident, inquired if the approval of the 2008/09 budget had been approved
yet.
Mayor Hickman confirmed approval of the 2008/09 Budget was on the agenda for
approval.
Bill Tiitto, resident, inquired if the markings on the 1-15 lanes could be expedited.
City Manager Brady responded CalTrans is grinding the lanes, smoothing them out and
indicated there were temporary marking placed out for the lanes.
Bill Tiitto, resident, inquired if the City had any plans for a salary freeze for the City to
balance the budget.
Mayor Hickman responded Council plans to honor the Union contract and following
through on their commitment and all funds are budgeted.
CONSENT CALENDAR ITEMS
(5) Minutes of the Followinq Meetinq(s)
There were no comments.
(6) Warrant List Dated Mav 29. 2008
There were no comments.
(7) Resolutions Pertaininq to the General Municipal Election to be Held on
November 4. 2008
City Clerk Munson responded to Mr. Tiito's concerns with the election
procedures.
(8) Resolutions Adoptinq Requlations Pertaininq to Candidates' Statements
There were no comments.
2
Agenda Item NO.3
Page 2 of 26
(9) Citywide Landscapina and Liahtina Maintenance District and the Landscapina
and Street Liahtina Maintenance District No.1 for the Fiscal Year 2008-09 -
Approval of Enaineer's Reports and Resolution of Intention
There were no comments.
(10) DMA Special Activities and Street Closure
Councilman Magee inquired if the City received any opposition from the
Downtown businesses for this activity.
Parks & Recreation Director Gonzales responded he had not received any
opposition; however, he did speak with the merchants that are sponsoring the
Chili Cookoff and requested they contact the local merchants in the area of
Graham and Main. The sponsors reported there were no merchants in
opposition to the activity. He also indicated he personally spoke with Trails End,
one of the vendors, and they were not in opposition.
(11) McVicker Skate Park
Mayor Pro Tem Kelley stated she was opposed to an unsupervised park. She
also inquired about the equipment from Alliance Skate Park and asked if it would
be rented out.
Parks & Recreation Director Gonzales responded this issue needed to be worked
out with Action Park Alliance. He stated the equipment required evaluation to
determine if the City wanted to continue with its use. He also noted there will no
longer be a resident fee, simply a resident/waiver form to be completed.
(12) Joint Professional Service Aareement with Kevser Marston. Inc.
There were no comments.
(13) Approval of CDBG Cooperation Aareement Fiscal Years 2009-10. 2010-11 and
2011-12
Councilman Magee indicated next year the City will be crossing the $50,000
threshold and inquired if the City would be able to get out of the agreement.
City Manager Brady responded it was his understanding the City is committed for
the three year period. He noted staff felt this was the best way to move forward.
City Attorney Leibold also indicated those intervening years will also give the City
Council the opportunity to evaluate whether they want to take advantage of the
entitlement status or remain a participating jurisdiction.
3
Agenda Item No.3
Page 3 of 26
(14) CR&R - Annual Consumer Price Index Increase
Councilman Magee stated CR&R is a great corporate citizen Lake Elsinore. He
noted they do a great service for a very reasonable fee. He indicated with all of
the negative impacts they have to deal with in this economy, this increase was
minute.
(15) Quitclaim Deed for a Portion of Property Adiacent to Graham Avenue in Favor of
Pioneer Lumber
There were no comments.
(16) Settlement Aqreement with MSA Enterprises. Inc. (Best Western Hotel)
City Attorney Leibold indicated Council will have an opportunity to discuss this in
closed session. She also noted the other party has requested Council continue
the item off of the Consent Calendar.
PUBLIC HEARINGS
(17) Mitiqated Neqative Declaration No. 2006-03. Tentative Tract Map No. 35869 for
Condominium Purposes. Planned Unit Development No. 2008-01. and
Residential Desiqn Review No. 2006-07 for the Proiect Known as "Grand
Solutions"
There were no comments.
(18) Tentative Parcel Map No. 35890 for Condominium Purposes for "Fairway
Business Park" (APN 377-140-024)
There were no comments.
(19) Tentative Tract Map No. 34346 for Condominium Purposes and Residential
Desiqn Review No. 2005-27 for the "Colony" - Request for Continuance
There were no comments.
APPEAL(S)
(20) Consideration of Two Appeals of the Planninq Commission's Decision to
Approve Conditional Use Permit No. 2008-09. a Request for the Establishment of
Live Music. Dancinq. and Entertainment within the Restaurant Area of an
Existinq Bowlinq and Entertainment Center (Trevi Lanes)
Mayor Pro Tem Kelley distributed a flyer to the Council and indicated the flyer
was passed out in a high school classroom.
4
Agenda Item NO.3
Page 4 of 26
Councilman Magee indicated the flyer was also passed out Wednesday, June 4th
at Elsinore High School and David A. Brown Jr. High School. He stated he
brought the flyers to the attention of Mr. Knight's representative and indicated
very clearly that the information in the flyer was not anything the Council could
support and passing the flyer out in front of a Jr. High School was in poor taste.
Councilman Magee noted that it was his understanding that Mr. Knight did not
directly authorize the distribution of the flyer at any school and indicated he was
not certain if Mr. Knight knew about this flyer. He noted that once this was
brought to Mr. Knight's attention, he immediately contacted the principals at the
schools to let them know this was not the type of thing he would promote.
BUSINESS ITEMS
(21) General Fund and LLMD OperatinQ BudQets for Fiscal Year 2008-09
City Treasurer Weber stated the budget was good and conservative.
Mayor Hickman requested placing $2,000 in the budget for the Memorial Day
service.
Councilman Magee indicated he will recuse himself from voting on the budget,
specifically the line item related to the donation to the Trauma Intervention
Program.
REDEVELOPMENT AGENCY
CONSENT CALENDAR ITEMS
(2) Approval of Redevelopment Aqency Minutes
There were no comments.
(3) Warrant List Dated May 29.2008
There were no comments.
(4) Professional Service Aqreement with Keyser Marston. Inc.
There were no comments.
PUBLIC HEARINGS
5) MitiQated NeQative Declaration No. 2006-03. Tentative Tract Map No. 35869 for
Condominium Purposes. Planned Unit Development No. 2008-01.and
Residential Desiqn Review o. 2006-07 for the Proiect Known as "Grand
Solutions"
5
Agenda Item NO.3
Page 5 of 26
There were no comments.
(6) Tentative Parcel Map No. 35890 for Condominium Purposes for "Fairway
Business Park" (APN 377-140-024)
There were no comments.
(7) Tentative Tract Map No. 34346 for Condominium Purposes and Residential
Desiqn Review No. 2005-27 for the "Colony" - Request for Continuance
There were no comments.
BUSINESS ITEMS
(8) Redevelopment Aqency Operatinq Budqet for Fiscal Year 2008-09
There were no comments.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
There were no comments.
ADJOURNMENT
Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Session
at 4:39 p.m.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
THOMAS BUCKLEY, CHAIRMAN
REDEVELOPMENT AGENCY
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
6
Agenda Item No. 3
Page 6 of 26
MINUTES
CITY COUNCIL
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JUNE 10,2008
****************************************************************************************************
CALL TO ORDER - 5:00 P.M.
The Regular City Council Meeting was called to order by Mayor Hickman at 7:01 p.m.
ROLL CALL
PRESENT: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
ABSENT: NONE
CLOSED SESSION
City Attorney Leibold indicated the following items were to be discussed during Closed
Session:
(1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: 2 potential cases
The City Attorney also indicated there were facts and circumstances that have
arisen since the posting of the agenda and stated she believes would rise to the
likelihood of litigation and a need to take action or to discuss the item in Closed
Session with the City Council.
It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to
add one item of anticipated litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9.
The following vote resulted:
AYES:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN MAGEE
1
Agenda Item NO.3
Page 7 of 26
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: COUNCILMAN BUCKLEY
ABSTAIN: NONE
City Attorney Leibold indicated any action taken during Closed Session would be
reported on during the regular portion of the meeting.
The Regular City Council meeting was recessed into Closed Session at 5:00 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M)
PLEDGE OF ALLEGIANCE
Information/Communications Manager Dennis led the Pledge of Allegiance.
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Hickman led the meeting in a moment of silent prayer and also requested to remember
our soldiers overseas.
ROLL CALL
PRESENT: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
ABSENT: NONE
Also present were City Manager Brady, City Attorney Leibold, Administrative Services
Director Pressey, Director of Lake and Aquatic Resources Kilroy, Captain Fetherolf,
Public Works Director/City Engineer Seumalo, Information/Communications Manager
Dennis, Director of Parks and Recreation Gonzales, Community Development Director
Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Building Division
Manager Chipman and City Clerk Munson.
CLOSED SESSION REPORT
City Attorney Leibold reported on discussions undertaken during Closed Session. She
also indicated Council, by unanimous vote of the City Council present, one closed
session was added of anticipated litigation. No reportable action was taken.
2
Agenda Item No. 3
Page 8 of 26
PRESENTATION/CEREMONIALS
(2)
Mayor Hickman presented the Certificate of Achievements to the following Korn
Scholarship Awardees: Claire Van Zanten, Raquel Starkey, Andrea Escobar,
Trenton Paddock and Jaime Guzman.
(4)
Mayor Hickman recognized the Lake Elsinore Bass Club, which recently held a
Bass Fishing Tournament and BBQ to honor military service members from
Operation Iraqi Freedom and Operation Enduring Freedom.
Rick Bishop, Executive Director of the Western Riverside Council of
Governments presentation was postponed to a future meeting.
(3)
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Thomas Vose, Branch Manager at Lake Elsinore Library, spoke of programs the
Library will be offering this summer. He noted some of the programs offered will be
language data base, classes on financial management and testing strategies, computer
classes, financial literacy program for college students, art class for teen, poetry class
for adults, photo restoration, resume and interview workshops, debate book club,
landscaping and gardening classes, cooking classes, summer reading program for kids
and many other programs.
Kris Hertz, President Lake Elsinore Historical DMA, thanked the City Council for
placing the American Flags on Main Street. She also requested Council's approval for
a proposed event to be held over the 4th of July weekend with a weekly Farmers'
Market, Theatre Show, Antique Fair, Chili Cook-off, gun fighter show, folkloric dancers,
live music throughout the day, food vendors, art walk and a craft fair.
Robin Golden, resident and business owner, proposed a series of murals to be
painted throughout the City's historic downtown area depicting what the area looked like
in the past. She requested City Council's support and approval.
Randy Fraizer, resident, conveyed to the City Council an incident that occurred while
he and his family were driving home from Parrot Park. He indicated this person
followed him to his house and pulled a gun on his wife and stated he was with the
District Attorney's Office.
Michele Peterson, resident, further described what occurred when the District
Attorney's staff threatened them with a gun and continued to stalk them at their home.
She indicated no one from the Police Station did anything and was told to file a
complaint with the District Attorney's Office in Murrieta.
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Agenda Item No. 3
Page 9 of 26
Councilman Magee responded the City does not employ any District Attorney
investigators, requested the name of the investigator and assured Ms. Peterson that he
will contact Mr. Rod Pacheco's Office and work with the Police Chief to ensure your
situation will be taken very seriously.
Pete Dawson, LEMSAR, stated LEMSAR reported 6,770 hours of service this year to
the community. He stated the United States Coast Guard had 17 students graduate
from a boat safety class and there will be another class held in the Cultural Center
where the public is invited to attend. He also noted there were over 200 vessel exams
done in the Lake Elsinore area launches.
Lorraine Watts, resident, expressed her displeasure with Verizon and the fact they are
not broadcasting City Council meetings.
Ruth Atkins, Lake Elsinore Historical Society, complimented the City Manager and
City Staff for such a quick response in restoring their power at Historical Society
meeting. She also requested the Mayor to present Barbara Cady, who is moving to
Oregon, with some type of recognition for her service to the Elsinore Valley Arts
Network, the Lake Elsinore Woman's Club and the community.
COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 5 THROUGH 15.
EXCLUSIVE OF ITEM NO. 16
The following items were listed on the Consent Calendar for Council approval:
(5) Minutes of the Followino Meetino(s)
a) Joint City Council/Redevelopment Agency Study Session - May 27,2008
b) Regular Meeting - May 27, 2008
Recommendation: Approve as submitted.
(6) Warrant List Dated Mav 29. 2008
Recommendation: Authorize payment of Warrant List dated May 29,2008.
(7) Resolutions Pertainino to the General Municipal Election to be Held on
November 4. 2008
Recommendations:
a) Waive further reading and adopt Resolution No. 2008-52 calling and giving
notice of the holding of a General Municipal Election to be held on
Tuesday, November 4,2008, for the election of certain officers as required
by the provisions of the laws of the State of California relating to General
law cities and requesting the Registrar of Voters of the County of Riverside
to conduct said election.
4
Agenda Item No.3
Page 10 of 26
b)
Waive further reading and adopt Resolution No. 2008-53 requesting the
Board of Supervisors of the County of Riverside to render specific services
to the City relating to the conduct of a General Municipal Election to be
held on Tuesday, November 4, 2008.
(8) Resolutions Adoptina Reaulations Pertainina to Candidates' Statements
Recommendation: Waive further reading and adopt Resolution No. 2008-54
adopting regulations for candidates for elective office pertaining to candidates'
statements submitted to the voters at an election to be held on Tuesday,
November 4, 2008.
(9) Citywide Landscapina and Liahtina Maintenance District and the Landscapina
and Street Liahtina Maintenance District No.1 for the Fiscal Year 2008-09 -
Approval of Enaineer's Reports and Resolution of Intention
Recommendations:
a) Waive further reading and adopt Resolution No. 2008-55 approving the
Engineer's Report for the annual levy of assessments for fiscal years
2008-09 in a District within said City.
b) Waive further reading and adopt Resolution No. 2008-56 declaring
Council's intention to provide for an Annual Levy and Collection of
Assessments for certain maintenance in an existing District, Pursuant to
the provisions of Division, 15, Part 2 of the Streets and Highways Code of
the State of California, and setting a public hearing for July 8, 2008.
c) Waive further reading and adopt Resolution No. 2008-57 approving the
Engineer's Report for the annual levy of assessments for fiscal year 2008-
09 in a District within said City.
d) Waive further reading and adopt Resolution No. 2008-58 declaring its
intention to provide for an Annual Levy and Collection of Assessments for
certain maintenance in an existing District, pursuant to the provisions of
Division 15, Part 2 of the Streets and Highways Code of the State of
California, and setting a time and place for the public meeting and public
hearing hereon.
(10) DMA Special Activities and Street Closure
Recommendation: Authorize closure of Graham Avenue from Main Street to the
alley way for the July 5th Chili Cook-off.
(11) McVicker Skate Park
Recommendation: Approve Alternative #2 operating the McVicker Skate Park
with City staff.
5
Agenda Item No.3
Page 11 of 26
(12) Joint Professional Service Aqreement with Kevser Marston. Inc.
Recommendation: Approve the agreement and authorize the Mayor to execute
the agreement subject to any minor modifications as may be approved by the
City Attorney.
(13) Approval of CDBG Cooperation Aqreement Fiscal Years 2009-10, 2010-11 and
2011-12
Recommendations:
a) Authorize the Mayor to execute the Cooperation Agreement with the
County of Riverside allowing the City to participate in the Urban County
Community Development Block Grant and HOME Program.
b) Waive further reading and adopt Resolution No. 2008-59 confirming
participation in theCDBG and HOME Program.
(14) CR&R - Annual Consumer Price Index Increase
Recommendation: Approve the CPI and Landfill fee increase and adopt the new
rates for refuse pick-up, recycling and disposal to take effect on July 1, 2008.
(15) Quitclaim Deed for a Portion of Property Adiacent to Graham Avenue in Favor of
Pioneer Lumber
Recommendation: Authorize City staff to process a Quitclaim Deed over a
portion of Lot 11 and 12 adjacent to Spring Street between Sulphur Street and
Graham Avenue and authorize the City Manager to accept the Grant Deed for
lots 11 and 12 from Elsinore Pioneer Lumber Co.
(16) Settlement Aqreement with MSA Enterprises, Inc. (Best Western Hotel)
Recommendation: Approve the Settlement Agreement and authorize the Mayor
to execute the Agreement along with any ancillary documents, subject to any
minor modifications as may be approved by the City Attorney.
Councilman Magee pulled Consent Calendar Item No. 16 to be continued off
calendar.
It was moved by Councilman Buckley to pull Consent Calendar Item Nos. 11 and
16. There being no second, motion failed.
It was moved by Councilman Magee, and seconded by Mayor Hickman to
approve the Consent Calendar Items No. 5 through 15 to include continuing
Consent Calendar Item No. 16 off calendar.
6
Agenda Item No. 3
Page 12 of 26
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: COUNCILMAN BUCKLEY
ABSENT: NONE
ABSTAIN: NONE
Councilman Buckley indicated he wanted the opportunity to vote against Consent
Calendar Item No. 16, the Settlement Agreement with MSA Enterprises. He
commented the public improvements fell well below the amount discussed and
MSA has failed to perform on numerous occasions voiding the original
agreement of many years ago.
PUBLIC HEARINGS
(17) CITY COUNCIL ADOPTS RESOLUTIONS RELATED TO MITIGATED
NEGATIVE DECLARATION NO. 2006-03. TENTATIVE TRACT MAP NO.
35869 FOR CONDOMINIUM PURPOSES. PLANNED UNIT DEVELOPMENT
NO. 2008-01. AND RESIDENTIAL DESIGN REVIEW NO. 2006-07 FOR THE
PROJECT KNOWN AS "GRAND SOLUTIONS" AND INTRODUCES
ORDINANCE NO. APPROVING PLANNED UNIT DEVELOPMENT NO.
2008-01
Mayor Hickman opened the public hearing at 7:36 p.m.
Community Development Director Preisendanz presented the staff report. He
indicated this was a mixed use development on Grand Avenue which will allow
both commercially and residential development uses. He noted this development
will allow six live-work units and 25 residential units with a recreational center.
Mayor Hickman requested testimony from the public. He inquired if there was
anyone wishing to speak in favor or against the item. He also inquired if there
was anyone that wished to speak at all.
Matthew Fagan, stated he represented the applicant, and spoke in favor of the
project and stated they did agree to the Conditions of Approval. He also
complimented the Community Development staff on their professionalism.
There being no further testimony, Mayor Hickman closed the public hearing at
7:41 p.m.
7
Agenda Item No.3
Page 13 of 26
It was moved by Councilman Magee and seconded by Councilman Buckley to
waive further reading and adopt Resolution No. 2008-60 adopting Mitigated
Negative Declaration No. 2006-03.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was moved by Councilman Magee, and seconded by Councilman Buckley to
waive further reading and adopt Resolution No. 2008-61 adopting findings that
the entitlements are consistent with the Multiple Species Habitat Conservation
Plan (MSHCP).
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was moved by Councilman Magee and seconded by Councilman Buckley to
waive further reading and introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING PLANNED UNIT DEVELOPMENT NO.
2008-01
8
Agenda Item No. 3
Page 14 of 26
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was moved by Councilman Magee, and seconded by Councilman Buckley to
waive further reading and adopt Resolution No. 2008-62 approving Tentative
Tract Map No. 35869 for condominium purposes.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was moved by Councilman Magee, and seconded by Councilman Buckley to
waive further reading and adopt Resolution No. 2008-63 approving Residential
Design Review No. 2006-07.
The following vote resulted:
AYES:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES:
NONE
9
Agenda Item NO.3
Page 15 of 26
ABSENT: NONE
ABSTAIN: NONE
(18) COUNCIL ADOPTS RESOLUTION NO. 2008-64 APPROVING TENTATIVE
PARCEL MAP NO. 35890 FOR CONDOMINIUM PURPOSES FOR "FAIRWAY
BUSINESS PARK" (APN 377-140-024)
Mayor Hickman opened the public hearing at 7:43 p.m.
Community Development Director Preisendanz presented the staff report. He
indicated this was a subdivision for air space that the City Council approved
previously for Fairway Business Park. He stated the applicant is requesting for
the subdivision for 20 individually owned industrial office condominium.
Mayor Hickman requested testimony from the public. He inquired if there was
anyone wishing to speak in favor or against the item. He also inquired if there
was anyone that wished to speak at all.
There being none, Mayor Hickman closed the public hearing at 7:45 p.m.
It was moved by Councilman Magee, and seconded by Councilman Schiffner to
waive further reading and adopt Resolution No. 2008-64 approving Tentative
Parcel Map No. 35890.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
(19) COUNCIL CONTINUES PUBLIC HEARING REGARDING TENTATIVE TRACT
MAP NO. 34346 FOR CONDOMINIUM PURPOSES AND RESIDENTIAL
DESIGN REVIEW NO. 2005-27 FOR THE "COLONY"
Mayor Hickman opened the public hearing at 7:45 p.m.
10
Agenda Item No. 3
Page 16 of 26
Mayor Hickman requested testimony from the public. He inquired if there was
anyone wishing to speak in favor or against the item.
Mayor Hickman indicated there was a request to continue the item to the next
regular City Council meeting.
It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to
continue this matter to the City Council meeting of June 24, 2008.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
APPEAL(S)
(20) COUNCIL CONTINUES THE APPEAL OFF CALENDAR WITH REGARD TO
THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL
USE PERMIT NO. 2008-09, A REQUEST FOR THE ESTABLISHMENT OF
LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN THE RESTAURANT
AREA OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI
LANES)
Community Development Director Preisendanz presented the staff report. He
indicated this was the consideration of two appeals of the Planning Commission's
decision to approve a conditional use permit, a request for live music, dancing
and entertainment within a previously approved restaurant area within an existing
bowling entertainment center. He stated the appeals were filed by the City's
Captain Fetherolf and the owner of Best Western Hotel. He indicated staff is
recommending upholding the Planning Commission's decision to approve the
conditional use permit or overturn the decision and deny the CUP.
Captain Fetherolf stated he filed an appeal of the Planning Commission approval
of Conditional Use Permit 2008-09. He indicated the document he submitted set
forth some of his concerns, based on the removal of certain restrictions made by
the Planning Commission, from the conditional use permit as submitted by the
Planning Department which he noted he had participated in offering information
11
Agenda Item No.3
Page 17 of 26
in the preparation of the document. He stated in the original plans that were
submitted by the applicant in 2006-07, the rooms in question were proposed as a
restaurant to include a cafeteria and dinning area both inside and outside the
building proper. He stated sometime later, the idea of a nightclub was proposed
for the same area and at that time voiced opposition to the idea with meeting with
the City staff. He indicated not long thereafter, an unpermitted nightclub was
opened to the public at that particular location. He stated after considerable
violence and commotion resulting from the unauthorized and understaffed
opening of that part of the club, City Code Enforcement shut down the club
portion and forced the applicants to go through the proper CUP process. He
noted as a result of numerous staff discussions, where he provided his input and
reasons for recommending restricted use of these facilities, it included his
recommendations of the following: 1) Approval shall be limited to live
entertainment in conjunction with private parties and banquets only; 2) Night
clubs, discotheques, music/comedy concerts, and similar types of uses are
prohibited in all areas of the property and 3) No admission or cover charge shall
be required for any portion of the facility which the Planning Commission
removed at a later date.
Captain Fetherolf reviewed his concerns for allowing a night club of this
magnitude as follows: 1) Cause of a large drain on police resources to deal with
criminal activity; 2) assaults; 3) disturbing the peace; 4) public intoxication/alcohol
related problems; 5) thefts and burglaries; 6) vandalisms; 7) traffic violations; 8)
narcotics; and 9) suspicious behavior/criminal conduct. He respectfully
recommends that the City Council consider overturning the decision of the
Planning Commission and any other proposed club/venues of this magnitude in
the future.
Ajay Patel, who also filed an appeal, stated their concern with Trevi
Entertainment is the sound level. He indicated on May 24th and May 29th, he had
to call local law enforcement to complain about the noise. He stated he met with
Mr. Knight who indicated someone from his establishment would come out with a
decibel meter to read the noise level and then proceed to have it reduced if the
noise is too loud. He stated no one ever came out. He also noted the building is
not made to hold in sound and feels the sound is coming through the roof.
William Park, Corporal Marine Corp. stated he was the individual who was
having the party and did not understand why his party was broken up by the
Police who had 20 or more Police units.
Ken Howard, resident and Elks Lodge Member, spoke in opposition of denying
the conditional use permit and expressed how important it was for the Elks Lodge
to continue using Trevi Lanes.
Mayor Hickman noted this was not pertaining to the Elks portion of Trevi Lanes.
12
Agenda Item No. 3
Page 18 of 26
Dee Dee Davis, resident, spoke in opposition to the denial of the conditional use
permit.
Bob Becker, resident and former officer of the Lake Elsinore Elks Lodge, spoke
in opposition to the denial of the conditional use permit.
Axel Zanelli, Planning Commissioner, stated he was one of the two Planning
Commissioners that voted to deny the conditional use permit. He indicated at the
time of the Planning Commission meeting, there were some last minute changes
made to the conditions that they were not made aware of until that night. He
stated there is a long history that goes back with Mr. Knight that began during
construction of that building without any approvals. He noted the Planning
Commission was willing to work with him, however, over his past history of 18
months or so has shown Mr. Knight is going to do what he wants to do. He
requested the City Council overturn the Planning Commission decision, support
the Chief and the neighboring businesses that have nothing but problems with
this business.
Guy Schmidt, local band manager, spoke in favor of Mr. Knight's conditional use
permit.
Dave Bristow, Law Firm of Reid & Hellyer and applicant's representative, stated
he was there to address some of the issues and process that occurred after the
Planning Commission granted Mr. Knight's conditional use permit. He noted Mr.
Patel's appeal was filed later than it should have been under the Lake Elsinore
Municipal Code and on that basis should not be considered by this panel. He
stated he understands the public safety issues Chief Fetherolf was concerned
with; however, he did not know the issues with regard to Trevi Entertainment are
any different than the issues concerning the Storm or any other large gathering in
the City of Lake Elsinore and noted any time you have those type of crowds, you
will have an increase in public safety issues.
Mr. Bristow indicated that it appeared to him that there was a separate issue that
was going on and that is an issue with selective enforcement with regards to
singling out Mr. Knight and Trevi Entertainment. He stated he understands the
City has had some issues in the past. He noted Mr. Knight has invested over $7
million in the building and choose to do this in Lake Elsinore because he saw the
opportunity and the need for this type of venue. He noted Mr. Knight was not
provided written notice or proof of the appeal to the Planning Commission's
decision which lead Mr. Knight to believe his use was permitted. He indicated
that this struck him as unusual and contort the process that a use permit is
intended to serve. He stated because of the discrepancies of the way Mr. Knight
has been treated, he feels there is a different agenda that appears to be afoot.
He stated he requested from the City Attorney that the hearing be continued to
allow him and his client sufficient time to evaluate what the Chief was concerned
with in regards to the appeal. He reiterated this was his request tonight from the
13
Agenda Item No. 3
Page 19 of 26
City Council.
Councilman Buckley inquired from Chief Fetherolf if he had any further statistics.
Chief Fetherolf responded the Bikini Beach Club, which has a likeness to this
club, had 19 responses in a one year period, to the O'Hara Road House there
were nine, to the Wreck there were three, and to the Out House there were 16
responses in a one year time frame.
Councilman Buckley inquired of Chief Fetherolf if he had a problem with night
clubs in general.
Chief Fetherolf responded that he did not; as long as they were obeying the law.
He noted his responsibility to the City, to the citizens of this City and to this
Council, is to fairly and equitably uphold the law and his recommendation to
Council with the addition to this business, especially with the history of the
ownership and management disregarding and not respecting the law as it has
been, he has no confidence that there will be any indication on their part that they
will obey the law. He stated his recommendation to the Council is that this club
not operate.
Councilman Buckley addressed the Elks Lodge members and indicated the
meeting has nothing to do with the Elks Lodge at all and the room they use is
separate which is separately covered by the existing conditional use permit that is
not being discussed. He also pointed out to Corporal Park about the ad for his
party that indicated his party was not private according to the ad he found on the
Internet and should be upset at the owner for allowing people to crash your party
and getting it shut down.
Councilman Buckley stated it was really about health and safety for the general
public and for Mr. Knight's customers. He noted everyone on the Council wants
Trevi to succeed, no one will jeopardize the safety of the City's residents. He
stated the type of entertainment really is not the issue, it is the fact that it was
open at all, and opened improperly.
City Manager Brady indicated, prior to May 22nd, he received a call from the
representative from Trevi Entertainment with regards to the use of this facility on
May 22nd, it was discussed in length and depth with regards to the use and it was
indicated at that time that an appeal was filed. Mr. Brady indicated the
representative was made aware of that appeal and was informed at that time by
him that if this party was going to be open to the public, that it would not be
allowed and that the appeal stayed the decision of the Planning Commission.
Councilman Buckley stated for him to consider allowing the use under a
conditional use permit, the following potential conditions need to be adhered to:
inside the club - legitimate private parties may occur with music, definition of
14
Agenda Item NO.3
Page 20 of 26
legitimate to be determined by the City; charitable fund raising events to be held
by recognized non-profit social services agencies would be exempt; no leasing in
any way shape or form to outside promoters; no allowing any outside acts to
perform; no live music; OJ is ok; one bouncer per 2,000 sq.ft. of floor space
interior; two outside; all security training to be approve by LEPD; no pass route to
the main building; no cover charge allowed; all conditions of the original
conditions of approval to be complied with; shut down of the club allowable by the
Chief appeal to the City Council allowed; the facility is to remain completely
closed until all conditions are met; they may apply for modifications of conditions
in two years; behind the building shall be cleaned; no one shall be allowed behind
the building except for employees; additional sound proofing shall be installed
throughout; sound proofing around the patio and absolutely no all age functions
at the club.
Mayor Pro Tem Kelley stated she does not have a problem with nightly
entertainment or music at all. She noted the facility must be operated safely and
in a secure manner in the public interest.
Community Development Director Preisendanz responded to the inquires Mayor
Pro Tem Kelley had pertaining to various issues. He also indicated staff has tried
to work with Mr. Knight and have done everything they could to accommodate
Mr. Knight and he noted there are still outstanding conditions that have not been
satisfied.
City Attorney Leibold indicated that Mr. Patel did file his appeal within the legal
requirements and stated under the City Council Policy, the appeals come through
the City Clerk's Office who in turns forwards the appeal to the Community
Development Department and schedules the appeal hearing as soon as possible.
She stated there is noticing of the agenda and the item; however, there is no
independent requirement that written notice of the appeal be provided to the
applicant. She noted communication by the City Manager to the applicant's
representative is sufficient.
Mayor Pro Tem Kelley stated she was very disappointed in the process that Mr.
Knight has not followed; that is in place to provide safety and security for our
residents and of the things that have had occurred out there. She indicated she
cannot support a new CUP if the conditions from the first CUP have not been
met. She stated she would be in favor of continuing this item and bringing Mr.
Knight into compliance; she would like to continue this item to a calendar date
and by that date she would want to make certain that staff is absolutely certain
what area is being considered, absolutely sure about the conditions of the CUP
that have not been satisfied including the security cameras and the security
issues of concern the Chief of Police had.
15
Agenda Item No.3
Page 21 of 26
It was moved by Councilmember Magee, and seconded by Council member
Schiffner to continue this item off calendar in order to accommodate the
applicant's request for due process, and during this time, there can be no more
violations, they must comply with all of the existing CUP conditions, and be a
good corporate neighbor; work with staff and the Police Department to bring back
something all of the parties can support.
Mayor Pro Tern Kelley indicated she would like to calendar the item for a meeting
in July.
Councilman Magee asked Mr. Bristow if this would allow his client ample time to
comply with the existing conditions on the existing permit and make progress
towards resolving the outstanding issues that are under appeal this evening.
David Bristow replied he had to consult with his client. He indicated his sense is
that should be sufficient time; however, he was a concerned because there are
two competing motions. He stated is preference was to take this item off
calendar and commence the process.
Mayor Pro Tern Kelley stated if there were any further violations, that would be it
for her.
A substitute motion was made by Mayor Pro Tern Kelley, and seconded by
Councilmember Buckley to continue the appeal to the July 22nd meeting and
encourage the applicant to satisfy conditions of approval pertaining to the
existing conditional use permit and direct the applicant to work with staff and their
counsel to work through the conditions of approval with respect to the new CUP
that would be acceptable to all parties concerned and to address all safety
concerns.
The following vote resulted:
AYES: MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
NOES: MAYOR HICKMAN
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
ABSENT: NONE
ABSTAIN: NONE
Substitute motion failed.
16
Agenda Item NO.3
Page 22 of 26
The motion to continue this item off calendar vote resulted as follows:
AYES: MAYOR HICKMAN
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
ABSENT: NONE
ABSTAIN: NONE
City Attorney Leibold indicated that once this item is ready for reconsideration it
must be re-noticed as a new public hearing.
Mayor Hickman requested that everything Mr. Knight can and can't do related to
his conditional use permits be placed in writing.
CITY COUNCIL RECESSED THE MEETING AT 9:00 P.M.
COUNCIL RECONVENED THE MEETING AT 9:05 P.M.
BUSINESS ITEMS
(21) CITY COUNCIL ADOPTS RESOLUTION NO. 2008-65. ADOPTING THE
GENERAL FUND AND LLMD OPERATING BUDGETS FOR FISCAL YEAR
2008-09
Administrative Services Director Pressey presented the staff report. He reported
the Operating Budget of the General Fund includes public safety as the number
one priority and continues to be the number one priority. Public Safety is 43% of
the General Fund Budget which is up 40% from the prior year and the total
increase is a little over $.5 million. He also noted at the end of this budget year
that is being presented, it is estimated that $7.8 million to be available of which
$3.5 million is reserve.
Administrative Services Director Pressey also indicated at the agenda review
City Council requested an additional $2,000 to be added for the Memorial Day
Service to fund a portion of that cost and will be included in the budget. He
stated total revenue and expenditures are balanced at $32 million which includes
a draw from the supplemental revenue of a little more than $400,000.
Councilman Magee recognized the good works of City Manager Brady,
Administrative Services Director Pressey and City Treasurer Weber on the new
budget. He also recommended to the Community Development Department to
17
Agenda Item No. 3
Page 23 of 26
process applications quicker and response to inquiries and also assist PSAC
when appropriate. He also recused himself from voting on a line item in the
budget related to the donation to the Trauma Intervention Program.
AI Lyons, Lake Elsinore Marine Search and Rescue, thanked the City Council
for their continued support of LEMSAR.
It was moved by Mayor Pro Tern Kelley, and seconded by Councilman Schiffner
to waive further reading and adopt Resolution No. 2008-65 adopting the General
Fund Operating Budget and Lighting, Landscaping and maintenance Districts
Operating Budget of the City of Lake Elsinore, California, for Fiscal year 2008-09
to include the $2,000 to be added for the Memorial Day Service and to pull out
the line item related to the donation to the Trauma Intervention Program.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was moved by Mayor Pro Tern Kelley, and seconded by Councilman Buckley to
approved the $8,500 donation to the Trauma Intervention Program.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: COUNCILMAN MAGEE
18
Agenda Item NO.3
Page 24 of 26
PUBLIC COMMENTS
There were no public comments.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
1)
2)
3)
4)
5)
Thursday, June 12th, Farmer's Market, from 4-7:00 p.m. on Main Street and
Peck.
Saturday, June 14th, Flag Day, the City will be installing American Flags on Main
Street in celebration of Flag Day and Independence Day.
Thursday, June 19th, Movies in the Park, After Dark, 7:30 p.m. at Summerlake
Park and it is free to all.
Thursday, June 19th, EWDC Luncheon, from 11 :30 -1 :30 p.m. at Lake Elsinore
Diamond Club, reservations required.
Monday, June 23rd, Aquatic Programs at Lakeside High School Pool, Open Swim
from 1 :30 to 4:00 p.m. and 5:30 to 8:00 p.m. Registration for swim lessons will be
held June 25th, July 2nd and July 16th.
Thursday, June 26th, the Lake Elsinore Chamber of Commerce Business Mixer
will be held at Rid~estone Apartments Clubhouse.
Saturday, June 28h, Health & Safety Expo, 31700 Grape Street, 10-4:00 p.m.
Saturday, June 28th, Lake Elsinore Cruise Day - Car Show, Main Street, 5-8:00
p.m.
6)
7)
8)
CITY ATTORNEY COMMENTS
No comments.
CITY TREASURER COMMENTS
No comments.
CITY COUNCIL COMMENTS
Council member Schiffner commented on the following:
No comments.
Mayor Pro Tern Kelley commented on the following:
1) Congratulated all of the local high school graduates from Lake Elsinore.
Council member Magee commented on the following:
1) Recognized the passing of his wife's uncle, Duncan Welch. He stated he was
19
Agenda Item No. 3
Page 25 of 26
part of the greatest generation. He stated he was a formidable man who
demanded respect, both in his personal and professional life, an outstanding
husband and father and a long time resident of this County. He noted Mr. Welch
served proudly in the United States Air Force during World War II. He requested
the meeting be adjourned in his honor.
Councilmember Buckley commented on the following:
No comments.
Mayor Hickman commented on the following:
No comments.
Mayor Hickman adjourned the meeting at 9:26 p.m. in honor of the memory of Duncan
Welch.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M.MUNSON
CITY CLERK
20
Agenda Item No. 3
Page 26 of 26
CITY OF ~
LAKE ,6,LSi110RJ:
~.~ DREAM EXTREME",
REPORT TO CITY COUNCIL
FROM:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
TO:
DATE:
JUNE 24, 2008
SUBJECT: WARRANT LIST DATED JUNE 12,2008
Discussion
The warrant list is a listing of all general checks issued since the prior warrant list.
Recommendation
Authorize payment of Warrant List dated June 12, 2008.
Prepared By:
Matt N. presse\l~
Director Of Ad;-~~tive Services
Approved By:
Robert A. Brady" ~
City Manager ~ ~
Agenda Item NO.4
Page 1 of 5
JUNE 12. 2008
CITY OF LAKE ELSINORE
WARRANT
SUMMAR Y
FUND#FUND DESCRIPTION TOTAL
100 ... GEt>.JERAL FU.!'I~_______________________ _~ __~-,~04,~~.9.0Q
105 _ ~_ISC"--GENERAL PROJECT FUND _ __ ___ __ _ __ _ ___ __ ---.!35,716.51
110 STATE GAS TAX FUND 418.49
____n___ ._.___..,...____________~..._._~__..____~ ~ -~ - --- - -- - -- --- - -- -- ~
112 TRANSPORTATION/MEASUREAFUND 888.75
-------_..._------,--~---.~,.---"--_.,-'---------- --------.-----....,-....'.----- --------..- --------.-...-----------
118 _ LA~E SI[)!= F~gILlTIES QIF FlJND_____ ___ _________________. _ 7,511-.24 .
130 ____--.hLGHTINS3jLA~pSCJ\..?E t\I1AINTENANCE FUt>JI::)____ _.___ .._____ ___ _163~?01.2Q_
135 L.L.M.D. NO.1 FUND 476.10
---.. --------------- -_._".~_.._-------~-_.._--_..,-----_.._----_.._-- ,--------- ------........---.--.,------ ---------- --------- -'--"--
205 ____ TRAFFIC IMPACTEEE _FUN[)____ ._______ ______. .._____ 97~,j 33.0_Q_
211__. ___~TORt..t1DRAIt>.J C.I.P. FUN[)_________________._._ 676,373.76_
}()~__ __.fTD. 8~-3111 A/97 SER1i::S AI::)EBTSERV'ICE FUND______ __ _ 6,800.00
385 ___ _ C.F.D.:. 2004:~ SRS.2006_~._______ _____ ______ _____1&58.98
60S.__~I?\..IC 1M.r:>.ROV'!=MENI TRUST FlJND _._____ _ ___ ___ __ _----'?",059.60
6QlL___ _ _IRlJST Di::POSrrS &-'::~BE-PAlp EX.PENSi::____________ ___1,000.pQ...
620 ___ __ _ COST RECQVERYSYS!EM ._____ _________ .____{?,405.841
GRAND TOTAL
$ 6,882,820.79
6/16/2008 Warrant 061208
1 of 1
Agenda Item NO.4
Page 2 of 5
JUNE 12. 2008
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK# VENDOR NAME AMOUNT
94706 PRE-PAID LEGAL SERVICES, INc._______ $ _~5.~()_
-94707 STANDARDlt,fSURANCE.COMPANY- --________ __ __ ___10,~57.08_
94708 -STANDARD INSURANCE COMPANY- ---___________ ___ 289.5~
94709---VISfoNSERVICE -P-LAN--- --- .. - _ .__ __ .--.J~6J~.5~_
94710 --=J/VEST~RN RIVERSiDE GO.UNCII::' OF GQVE~NMgNfs____ _____ 300.00
947~__gITRUS BEL"f CH,6.pTE~, I.C.~ ______ .__________ _____ ___-.!>5.00
~~71~_ __II:-IE L.LlJ. OF N.A. ._____ _____ __________ ____3,481.ML
94713____ ... FLEXIBLE_B_ENEFITS GROUj=>, INg.__. __ .____. .__ _____---..--.~~.:~
9471.!___EL_EXIBLE BEf\JJ::FIT~ GRQUP-,-LNC. ____ .__________. __----J1I.Og.-
94715__ STAIECOMPENSATIOI\j INS!,!RAf\JCE FUND_______ _______ ______:31,250.:3jL
94716 ___ .... STAtJDARQ INSUBt-Nc.i::.COMPANL--- _ ___ ___ _______~,356.~7_
9471L__ . _---'2,6.IQLE I-I()MES____ _____ ___ ____ ._____ . ____ . _____.125. 7J
94718 __ABATi::QF C,6.~IFORNI~_ _____________--.~OO.OO
!:j5703 .___ VOID-B.y.. EN(3If'.JEEI3ING _______ ______ (2,~~0.58)
95726__YOID-DNGLE ItOME?__________ _______ _____ _~4~1.65)
~?~6~____... _ VOID":II\jTERNf.TION~~ CODE: COl!NCIL__._____.~. __ .____ .___~{65.00)
96195:96196 A_B.:_A JANI-r:QRIA_L..sERVlg~_____~___~ ______:3!950.00
961~__ ALLPHASE Ri::FRIGEf3ATION ~LAIHggNQITIONIt'!G,INC.-------_ _____870.2~
96198 ALL VALLEY OVERHEAD DOOR 150.00
-------..-' _.._-----~_.,_.,------_._._-..._------_._.._-_._~------.-......----- ..------------- ,---".-----
961_9~___A"'L1ANTIf\J..sURAf\JgE SERYICES,INC. ____________ ._______ _ 1.00~:QQ..
96200 ALLIED TRAFFIC EQUIPMENT 609.87
____ _._._____._...._..,...____..__.___...._~___'__,..__.._____.....~.__..___._____ - __n__._......_____._ --------- ..----.---....-.--
96201 AMERICAN FORENSIC NURSES 197.50
____._ __.______.. _____._._.___.___.___.._~__.________..._______.__ ____n___
96202 ERICA ANDERSEN 331.50
____..____ ___________..__._....._______..___..._._____"._..____..._._____.____ ____n.__...___..____ ._.____.._ ---..--- ------~----..-----.- --.-
~l3.203 ___ At'-!IMAL FI3U:NDS OF THE VALL~ . __ . __u___ n______ n .__].500.00
96204 APPLE ONE EMPLOYMENT SERVICES 915.20
--------..-. -_.__.._---_.__._~._-----_.....----_._-_._..._.----_.- ----.-----. ..-_.
96205 ARCHIVE MANAGEMENT SERVICE 189.81
-----_..._._--_.._-----_..~._---------- ------.,,-----..-- .. -.-....--.--..- ---.---. ----.------- ,------------.-.- -------------...---
96206 ARCOA INDUSTRIES 202.97
- ----- -- .--.-- -----.--....--------.--.-..,,--.----.--.-------...---------- ---.--.-..------'...-..------ - ----.---- -
9620J_____~,6.q<FLOWg.ERTIFICAII9~.____u __un. . _________ . . ___n__ 1,24"hOQ.
9~?08 BANIS9F_,6.MERI.9A (0619), CITY MAN~GER'S QEE'I~nn__ __ ~8.~
962~_n ___ BANK OPAMERICA (9627), THQMAS BUCKLEY _ ___un .____J}O.OO
96_2..~___I?t.NIS9F AMEB.J9A (330j}J~FIRE STATION #8.f,______________ . 1,632.87
~!3~___ I?ANK OF AMERICA (34?0), COMfI.1ldt'-JITY Q~\.fr=LOPMEt-.lI DEPABIMENT 8~.g5_
96212__ BANK OF A~ERICA (4?45), PARKS & REC~EATION Di::PARTME_f'.JT____mu__51t.~=L
_962_1}___ BANK OEAMERICA (~400). FIRE.STATION#J!L__________ . __~0.5A_
96214 !!At-.l1S OF AMERICt. (6673), L_AKE & AQ.UATIC RESOURCES DEpARTMENT 534.01
96215_. un. BANK OF AMr=R1CA (67()!), ADMINI~LRATIVESERVICES &HlJ~AN RESQURCES . ___ 21.53
~()216 BLOOMFIELD GRQlJP, INC. ____ __ .__ ___ -===~ ____~~:60
96217 BUNDY CANYON TURF SUPPLY 82.32
962~_-BUREAUVERITAS NORTljAMERICA ___ ----- .---1;500.00
96219 CA. MUNICIPAL REVENUE & TAX ASSOCIATION --20.00
_____._____._______._.___.__ ___..n______..~ ________ _ ______ _ ______.n_m._
96220 CALlFORNIAJPJA ___________ . ___ ____ . _~~n6.,~40.00
~6?~1 STATE OF CALlFORt-.lIA, DEPt-RTMENT OF JUSTICE ____n_ __ _ 805.00
96?2~__ CEN"LEX HOMES___n_ ______ ____ 1,648,195.!f3_
96_2.?l...__~CO_tv1.elJTERALERI.SYSTEMS,INC._____n._ n __ n ___. 80.00.
~.???'!n COOK Eq(jIPMENT QF ORANGE, INC. n_____ _ ________ ... 541.51
~6225 ____I<JBI A. COURY n___ . _____ .____ 4,800.00
96226 JESS CULPEPER 150.00
96-227-CUTflNG ~[)GE STAFFING, INC~-- ____ ____-=~===_~_ 4,6i3.80
96228 D & SELECTRIC 656.00
____.__ ___.._._____m_.__ -----.--.----------.....-.-.------ --.-.----
96229 RICK DE SANTIAGO 150.00
_________.~______._ _._._____~_____._..__._____.________m..___._~..~__..____ ----.. .---~-
96230 DELTA SERVICES 308.81
- ---..-- ---- -....--------...---.-.--...-. ----- ....-.---- .----..-------- -------....--.--.--.-.-...-...---.-
96231 DEPARTMENT OF INDUSTRIAL RELATIONS 105.00
-.-" ----..-- ---..-.-.- -----------.-.-.-------.. -----_.._,,~_.------_._----
96232 DIRECTV 76.98
6/16/2008 Warrant 061208
1 OF 3
Agenda Item No.4
Page 3 of 5
JUNE 12. 2008
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK# VENDOR NAME AMOUNT
96233 DO IT CENTER __~~~~___ _ ___J7.24
96234~ -- CAROL~-K. DONAHO~, A.I.C~~____ ~~ _ _ _____ ~ __~987.?Q_
96235___J?OV''-NS COfll1MERCIALfU_ELlt"J_G-,-Ir-,J~. ._---- __ ..__ __ ..14,6JQ.75_
96236 DYNALECTRIC---------- ___3,000.OQ
---- --------- -- -~~- - 69.86
96237 D3 EQUIPMENT _ __ -- _ _ _ _ --- --------
96238-9623ff E.v:M.w~D-:-~- ~__ ___ _ ____~. ______ ~__~_~!5.t~..Z:3_
96240 _ ____ ..- E.S~~t.~COGK- & SONS, II'J_~__ ___ __~__ __ .~__~___ ____~O.OO
96241-. ----- .. ELSINORE ELECTRICAL ~U~PL Y,JN<:::"-_ ___. __~__ _____________ _~ 222:jJL
96242-~~243_ ELSINORE: PIONEER LUMBER C9____ __._.____ ______ __ _________~~3. 72
96244 ELSINORE VALLEY RENTALS _____ ~_~______~ ..~___~~06.50
96245~96~47g)$CECl..AjJb$9APE, IN<:::_______ _____~~n_ ~____ ._____~_~97.56_
~~~48-9?2~Q_EE:QERAL E)$PRESS CORPQRATION ..___.__ __ __ _~____ ___ 50I.:?~
96251__ _FIRSIAM_E:RICAr-,J CO~E LQGIC, INC._ _______._ n__. _________450&lL
96252_____FRANC@J,,1gCHRyST~L-. ___~ _________~__ . . 240.QQ.
962!5~._ GALLS REJJ\lh..c:~ ~_ _____ _ __._.______ ~ _~_ ___ ._ ..___ _ ._273.45_
96254 GJ\.bL.SJN<:::...._~_n_~ __________~ ___________~ __J ,987.?L
~6255 _n _---.It:l.E:~RApHICSCOM'=ANY-~ ___________n____ ____ . __ 135.00
96256 LQRENA.I-IANCgCK __~____________ _____~__ ___________ 5,249.00 _
_9625?_____HARBORFREI9HT TOOLS ~ ______ ________ ___ ___~~1l!5.7.2...
_~{)?~_ .._ HARQY& HARPER, INC. ____ _._._.__ ____~__~_______ ._ _~,889.50
96259 HAWKINS TRAFFIC SAFETY 140.01
--.-......---.-----..- -----~,._._-_....-.~---~_...---- -_..--------------._-_.....---------_..---- -------------.. -------
96260 HDL COREN & CONE 382.90
.----- ---....-----.-----.....-- --_._--_._._--_....._---_._...~---_.-.-......._-_..._----------------- '.
96261 __-----'-lQJ3_E:t'JGIN~ERING, INC. .__ ________~__________________.3!5??64
962_62 ttl-W A Y ?nAFETY1INC.________ .___________ .___ _1,006.7Q...
96263 GRACIELA HINES 75.00
_._~._----_..'"-"'_..~--~_._---_.__....-_._--_._...._._-- _._~------'.._----'.._.,_.._._-_.-- ...---- -------".------..-.--.--
96264 INLAND EMPIRE LOCK & KEY 12.93
________.~_.._~__....___.___..._.__________.____~__.._n___n___________._n.____._ -----.....--....--..-----
96265 INTERNATIONAL CODE COUNCIL 814.69
__ ___________...____.. ______"..__~.___~__...n___.__.__________ .. ___....__..___..~_____~.__....._._______.__._._____.._.____--....".--.---.-
96266 JOHN DEERE LANDSCAPES 723.26
-". -------.----.- ------.-... .------_.. ---. ...-.-.---.------.-.-------- ..----------..-------
96267 STEVE KARVELOT 108.75
~_..__ ..~____.._.____.________ _____ ______ _m___________
96268 LA SIERRA FIRE EQUIPMENT 568.25
__..___. ".._~_____..._____~..__..________ _____.____ _____.._,,_ _n______ _..__.___ ___~_
96269 LAKE ELSINORE FLORIST & GIFTS 32.33
------------- ----------..-.. -.--...-..------,....-.-------..-" -.---- ---------.. ..-----.---- ..------_.
96.?70 LJ\_IS.~ ELSIN()~E VAbbEY CHA_MBER OfCOMMEB<:;~_ ..___ ____ . __------.1.!'1()7.00
96J1.1___ L1M &J'..jASCIEMEN.TO ENGINEERI1'.J9.___ _.__ .~_____----.11~,4I9.46
96272 LONGTIN'S AUTO SUPPLY 20.38
__ .___...._._____ ...______.__...___.________.~__.._.______ ______m _____ __._________. ___-
96273-96~74u LOWE'S HQ_rv1E CENTERS, IN.<:;___ ______~~___ ----.bQ44.('j!"
96275~ttARLES M~gKEY JR.:~_ .__uu___.___ .____~_ _____---..l..~~?_"_5.Q.
.9..??]6 LINDA M~_MILLER_.__~____. ._~_ .__~_____.___~312.50_
9627? MOBILE _~f..TELLlTE_YENTURE~~.... ____-..-. _.______~1~
96~~ ... NBS GOVERNMENT FINANCE GROUP ____ u____________ .__----.1.!35?98
96279 NELSON PAYING, INC.~___~___ 7,059:6Q.
~6.280 __I'.JQB~E CONSULTANTS, INC._~ ...____________8()4.00.
96281 NORTH COUNTY TIMES 825.12
__.m_. _..._______ __m~_......._.__.~~__ ------- - ~--- -.-----
96282 OAKLEY SALES CORP. 100.00
---- -.---.---......----" -------- .-----.....-----.-...- -------.- -------..-........-.----
96283 OCB REPROGRAPHICS 556.89
_________'_ ...__.._.._ .__._......n.__ ________.,_._._ ____.___ _._______ _n_m_____.__.__.______
96284-96285 ORANGE COAST TITLE CQrvtPANY_ .___ ____ 6,80Q:QQ.
f}6286__gRKlt\j, INC. ._.__n__u__u_u_______ .__ ___ u_____u__ 280.0Q..
96287 __'pITNEY BOWES, INC. _______~_____~______~__----.11.6-"8!L
96288 PORT SUPPLY 864.43
__ _,,___.._____.._____~_'____...___......__________...__________....._~....._,,_____..___n_______.___._.._n____~.____'__"
96289 PRESENTA PLAQUE CORPORATION 337.82
-- ..-..-----------..--. .-- ----..--....-------. -.-.-----.--------..-...-----------.'----
96290 THE PRESS ENTERPRISE 145.20
----- .--.-.-------.-- -----.--.--------. -_..-------~_.._._-_._-,._.._------,-. --...-......------ - _.----
96291 PRUDENTIAL OVERALL SUPPLY 175.03
...__..___ ___m_"......._.._ ....._ ,---....-....--- - ----------- ----- -------.---- -"-'''--
96292.. QWEST COMMUNlCATIOfiSu__~___ ____.______1,008.I9
96293 THE RADAR SHOP 465.00
6/16/2008 Warrant 061208
20F 3
Agenda Item NO.4
Page 4 of 5
JUNE 12, 2008
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK# VENDOR NAME AMOUNT
_9~29<1_ __ _BED~VELOPMENT AGE~~Yf,-OFLTHE CIJY O~bAKE ELSINORL_. _ _ ______~J7 ,485.20_
~~295_ _ _B1GHIW A Y $_ITE SERVICE::;_,JNg. __ _ _ _ _ _ __ _ ___ _ _ _-- 2,307.8-2.2_
96296 RIVERSIDE COUNTY SHERIFF _ _ __ _____________________ ___ _.l.2QI,935.9~
9-629Y- -- COUNTY OF RIVERSIDE, OFflg~j2.E AS::;ESSOFL-______ ______ __________.J!1:QQ_
I6298--~_--__~~C()U}~TY-6FR.lVERSIDE, STH.JLEY_SNJFF,SHi::RlfL------ _ __ __ __ _ _ _ 8,968.6~
~~299__ __ SHAf3.E...CORE___ _ _ _ __ __ ____ _ _ _ ____ _ _ _ ______ __ _-.113.07_
9630Q_____?liRED-IL __ _ __ _ __ ___ __ _ _ _ ______ _ ___ _ ______90.00_
~~301__ __SlGN~bUS __________ __ _ _ __________ _ __ ___6,2~0.OO
96_302____[)f\VI[)~?OLOMON--------------- ____ _________ 3,420.00
96303 _ __~9UT!lEAST CONSTRUCTION PROPUGL$.._______.. _ ____ ______--.l{)4.4Q--
9630~-963()L$9UTtlER~ CALIFORNIA EDI~ON_______________________ _____ 53,540.49
_~{)309 _____~Ql.J!I_IERN_ CALIFORNIA G~~ CO'_ __________ ____ _____________?66.56
9631Q... .__DANANJA SOYSA__ _ ___ __ ._________ _____ ___________-.112.50
96311 STAPLES BUSINESS ADVANTAGE 486.47
~__.___""__"_ _.______..~__~___.~.~..-.....-..---.-.-.--.----..------,_..____..________n_'.______.,"_____ -------'---- ------.---..-~----,.._-~
96312 STAUFFER'S LAWN EQUIPMENT 90.60
__"'_____..._., ____ .___._~...____..,..._~_ ___,_~,____..__._._____..__ _______..'____n _______._______ -----.-- ----.."--
963~_L__TE:AM AUTOf'ID, INC. ___ ______________ ______~66.23
96314..__ _--.TIJ$CAt\j'Y HILLS LANDSCAP~~i::C. C~__ .__ __. _.______ _ 96,?.Q8.68
96315 TWIN GRAPHICS 726.46
-----"--- -.---- ---,_....---~,----..-_.-----'---------_......------_. ----_..._-----,--_.,.,---~..--.-~------_.__.------._.-----..--------.---,...---.-.-.-
96316 UNITED PARCEL SERVICES 27.67
~---_.._---_.- -- -----..--..-...--------..--.----.----..--.---....-.---.-------.---.-------..-----...-.-------- ----------..------...--.--....--
~~_317 ....___lJNITED S,..~TESPOSTAL $ERVIGL______________ ______2,300..Q!L
96?18 ____UNiVERSAL IRUc::K BODY, 11\1.<:::._ ._________________________u_...l.~_44.66
963J~_.__yE!_JUS pRINllt\I~____________ ________________n 107.~~_
96320-~6322 . Y_ERIZQN CAI..lFO~NIA, INC____ ___.n_______. __________ ____ __~~27.81_
96323 VERIZON EQUIPMENT SALES & SERVICE 542.11
-----,._-----_._---_.,._----~..---_..._--------------_._----------_...-.._--_.__.._...--------_.._--_..__._~.- -----,,--.--...--
96~~ _.JI_i::RIZOt\l9NLI~___-- _ _~ _____ _ _ __ __ ___ 159.95
96325_ VILLAGE EQUIPMENT RENTALS, INC. 247.50
96.326~_-=-- VIST~. PAINLCORPORATI9~ ====~==-~-==__~-===:_==_~=_ ._____ 432.89_
_96327 ... ___~~f\JNIS_'JI.Ifl.ITE_______m___.. _ _______________. ____ ...____ 150.QQ.._
96328 WEST COAST SERVICES 450.00
96~29-- =--=-_WILQQMAR '=-.LUMBING & [)RAIN ~ERVIC(-=--__-=-- - --=-=:_~-_~~--==~7.50 .
96330 WOODCREST UNIFORMS 882.68
96331 _- --WENDY \1\19RT~EY -==--=_-=---==-~==----=--~==---=-=----=--------- - ---6:15D.OO
$ 5,626,079.57
PIE DATE:
147,08?~~
50,117.57
----
7,587.05
50,648.01
1,306.03
----
1,000,00g.00
06/06/08 PAYROLL CASH
06/06/08 PAYROLL TAXES --.-----.------------.---------~-------.- --.----------.
~.__...-
---~-------~-- -----~--~---
06/06/08 PAYROLL TAXES
-_.._..__._..._..._---~_.._--
06/06/08 CALIFORNIA P.E.R.S.
06/11/0a----rCE:x BENEFITS --~---- .---------... __n ----
06/12/08 BANK OF NEW YORK
GRAND TOTAL
$ 6,882,820.79
CHECK STOCK #338240 THRU 338361
6/16/2008 Warrant 061208
30F3
Agenda Item NO.4
Page 5 of 5
CITY OF ~
LAKE 6LSiNO~
\ I
Y DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: INVESTMENT REPORT - MAY 2008
Discussion
The Investment Report is a listing of all funds invested for the City as of the date shown
on the report.
Recommendation
Receive and file.
Prepared By:
James R. Riley Q./
Finance Manager V
Reviewed By:
Matt N. Press~
Director of Admiili~ive Services
Approved By:
Robert A. Bradytf)1l11
City Manager ~ty
Agenda Item NO.5
Page 1 of 11
CITY OF LAKE ELSINORE
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF MAY 31, 2008
ACTIVE ACCOUNTS
Bank of America - General
Reconciling Items
Bank of America - Payroll
Bank of America - Flex Benefit
Total Active Accounts
INVESTMENTS
Local Agency Investment Fund
Bank of New York-Trust Sweep Account
Federal Home Loan Mortgage Corp.
Federal Home Loan Bank
Federal National Mortgage Association
Sub-total Investments
Unrealized Gain! (Loss) at 6-30-07 per GASB 31(LAIF)
Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (Other)
Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (Total)
Total Investments
Cashier Drawers #1 & #2
City of Lake Elsinore Petty Cash Fund
TOTAL POOLED CASH AND INVESTMENTS
BANK
BALANCE
$9,560,191.34
319.00
14,236.93
2,928.16
9,577,675.43
39,661,129.98
25,768.99
4,000,000.00
43,686,898.97
(12,160.00)
(37,337.00)
(49,497.00)
43,637,401.97
53,215,077.40
DEPOSITS
IN TRANSIT
0.00
OUTSTANG.
CHECKS
(2,206,441.96)
(1,954.16)
(1,928.16)
(2,210,324.28)
(2,210,324.28)
I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as
approved by the City Council on June 26, 2007. A copy of this policy is available in the office of the City Clerk. The
pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
Prepared by: J. Riley, Finance Manager
June 24, 2008
Date
BOOK
BALANCE
7,353,749.38
319.00
12,282.77
1,000.00
7,367,351.15
39,661,129.98
25,768.99
4,000,000.00
43,686,898.97
(12,160.00)
(37,337.00)
(49,497.00)
43,637,401.97
51,004,753.12
300.00
1,000.00
$51,006,053.12
Agenda Item NO.5
Page 2 of 11
CITY OF LAKE ELSINORE
POOLED CASH AND INVESTMENTS BY FUND
AS OF MAY 31, 2008
FUND NO FUND NAME
100 General Fund
101 Supplemental Law Enforcement Fund
102 Local Law Enforcement Block Grant Fund
103 Office of Traffic Safety Fund
104 Traffic Offender Fund
105 Misc. General Project Fund
106 Affordable Housing In Lieu Fund
107 Developer Agreement Revenue
110 State Gas Tax Fund
112 Transportation Fund
115 Traffic Safety Fund
116 City Hall-Public Works DIF Fund
117 Community Center DIF Fund
118 Lake Side Facility DIF Fund
119 Animal Shelter DIF Fund
120 Camino Del Norte DIF
130 Lighting & Landscape Maintenance Fund
135 #1 Lighting & Landscape Maintenance Fund
140 Geothermal Fund
150 C.D.B.G. Fund
201 Street C.I.P. Fund
204 Signal C.I.P. Fund
205 Traffic Impact Fee Fund
211 Storm Drain C.I.P. Fund
221 Park C.I.P. Fund
231 Library C.I.P. Fund
232 City Fire Protection Fund
254 AD 89-1 Railroad Canyon Rd. Improvement Fund
257 CFD 90-2 Tuscany Hills
259 CFD 90-3 Construction Fund
266 CFD 2004-1 Marintiqu
267 CFD 2006-1 Summerly
272 CFD 2005-2 CIP Fund
351 AD 87-2 Debt Service Fund
352 AD 86-1 Debt Service Fund
353 AD 89-1 Debt Service Fund
356 AD 90-1 Debt Service Fund
357 CFD 2003-2 Canyon Hills
358 CFD 91-2 Debt Service Fund
359 CFD 90-3 Debt Service Fund
360 AD 93-1 Debt Service Fund
362 CFD 95-1 (96 Srs.E) Debt Service Fund
363 CFD 88-3 /1997 Series F Debt Service Fund
364 CFD 88-3 III B /1997 Series B Debt Service Fund
365 CFD 98-1 Summerhill Improvement fund
366 CFD 2004-1 Debt Service Fund
367 CFD 2005-3 Summerly / Laing
368 CFD 2004-2 Vista Lago
369 CFD 2004-3 Rosetta Canyon
370 CFD 2005-x Camino Del Norte
371 CFD 2005-1 Serenity
372 CFD 2005-3 Alberhill Ranch
373 CFD 2005-5 Wasson Canyon
374 CFD 2005-4 Lakeview Villas
375 CFD 2005-1 D. Clurman
376 CFD 2005-7 La Strada
377 CFD 2006-X Tessara
378 CFD 2007-X TR#31957
379 CFD 2007-X Marina Village
380 CFD 2006-9 Tuscany W
381 CFD 2006-10 River LK
382 CFD 2006-9 Trieste
383 CFD 2007-X Canyon Hills
384 CFD 2003-2 SRS 2006A
385 CFD 2004-3 SRS 2006A
386 CFD 2007-4 Mekenna
387 CFD 2007-5 Red Kite
388 CFD 2007-6 Holiday
604 Endowment Trust Fund
605 Public Improvement Trust Fund
606 Mobile Source Air Polution Fund
608 Trust Deposit & Pre Paid Expense
610 Kangaroo Rat Trust Fund
611 Developer Agreement Trust Fund
616 Fire Station Trust Fund
620 Cost Recovery System Fund
650 CFD 2003-1 Law & Fire Service Fund
651 CFD 2006-5 Park, OpnSpc
652 CFD 2007-1 Law & Fire
Total Pooled Cash & Investments
AMOUNT
8,061,014.35
268,957.07
14,070.53
74,149.75
1,651,177.07
993,700.33
1,061,037.97
1,648,786.75
1,697,757.59
503,547.97
870,285.18
590,629.16
331,256.59
375,417.63
32,179.19
(431,596.87)
150,384.73
17,547.84
(118,972.42)
12,578.41
117,527.58
6,023,208.27
7,046,422.54
1,102,314.63
1,258,931.37
659,123.35
147,108.02
(94,047.50)
102,224.34
82,492.64
(1,570.00)
808.31
46,706.85
373,747.19
362,470.21
597,764.93
156,367.14
817,752.32
(318,703.83)
1,845,091.60
286,608.38
3,522,141.11
(976,464.98)
(48,119.73)
(16,921.77)
(5,687.20)
477,038.63
1,653,021.87
28,242.41
150,605.95
734,786.66
208,563.44
56,217.94
45,395.34
1,847.98
46,430.59
71,729.97
370.83
472.46
57,824.97
75,803.05
62,804.10
(446,812.42)
(564,465.91 )
(21,203.75)
2,091,291.24
(604.80)
18,427.88
455,018.39
224,226.72
1,281,215.07
1,454.00
1,587,790.00
16.07
875,358.14
940,685.66
(5,462.57)
CITY OF LAKE ELSINORE
INVESTMENT ACTIVITY SUMMARY
FOR THE MONTH ENDING MAY 31,2008
Total outstanding investments as of April 30, 2008
PURCHASE MATURITY!
DATE CALL DATE
COUPON YIELD TO
RATE MATURITY
Investment Purchases:
Total Purchases
Investment Maturities:
Total Maturities
Investments Called:
Total Calls
Net increase (decrease) in LAIF
Net increase (decrease) in Sweep Account
Total outstanding investments as of May 31, 2008
$ 41,724,685.72
COST
3,000,000.00
(1,037,786.75)
$ 43,686,898.97
Agenda Item No.5
Page 4 of 11
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__.._u____ ..______ ...._.___
CITY OF LAKE ELSINORE
SUMMARY OF POLICY LIMITATIONS
AS OF MAY 31,2008
DESCRIPTION
U.S. Treasury Bills
CURRENT
PERCENTAGE
BASED ON MARKET VALUE
AS OF MAY 31,2008
0.00%
MAXIMUM
PERCENTAGE
UNLIMITED
U.S. Treasury Notes
0.00%
UNLIMITED
Federal Agency Issues:
FICB
FFCB
FLB
FHLB
FNMA
FHLMC
Bank of New York - Trust Sweep Account
Current Balance
0.00% UNLIMITED
0.00% UNLIMITED
0.00% UNLIMITED
9.20% UNLIMITED
0.00% UNLIMITED
0.00% UNLIMITED
0.00% 40.00%
0.00% 25.00%
0.00% 30.00%
0.00% 15.00%
0.00% 30.00%
0.00% UNLIMITED
0.00% 20.00%
90.74% UNLIMITED
$ 39,661,129.98
0.06% UNLIMITED
$ 25,768.99
100.00%
95.42% no less than 25%
100.00%
Banker's Acceptances
Certificates of Deposit
Negotiable Certificates of Deposits
Commercial Paper
Medium Term Corporate Notes
Repurchase Agreements
Reverse Repurchase Agreements
LAIF (Local Agency Investment Fund)
Current Balance
TOTAL
% of Portfolio Maturing within one year
% of Portfolio Maturing or Callable within one year
Agenda Item NO.5
Page 10 of 11
MONTH
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
October 2006
November 2006
December 2006
January 2007
February 2007
March 2007
April 2007
May 2007
June 2007
July 2007
August 2007
September 2007
October 2007
November 2007
December 2007
January 2008
February 2008
March 2008
April 2008
May 2008
AVERAGE
CITY OF LAKE ELSINORE
PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES
JULY 2005 THROUGH MAY 2008 (INCEPTION TO DATE)
FFCB
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
% OF PORTFOLIO BY AGENCY
FHLB FHLMC FNMA
0.00% 0.00% 0.00%
0.00% 3.33% 0.00%
6.23% 3.12% 0.00%
14.23% 2.85% 0.00%
18.82% 2.69% 0.00%
22.92% 2.86% 0.00%
20.74% 2.59% 0.00%
21.01 % 2.62% 0.00%
20.49% 2.55% 0.00%
20.59% 2.57% 0.00%
19.94% 2.49% 5.02%
24.91 % 1.91 % 3.85%
25.26% 1.93% 3.90%
28.57% 2.19% 4.41%
26.17% 2.37% 4.77%
26.26% 2.38% 4.79%
24.69% 2.46% 0.00%
28.04% 2.54% 0.00%
27.59% 2.12% 0.00%
26.60% 2.21 % 0.00%
32.82% 4.68% 0.00%
30.05% 4.73% 0.00%
31.17% 4.80% 0.00%
36.37% 4.28% 0.00%
36.07% 4.25% 0.00%
41.34% 2.43% 0.00%
39.24% 0.00% 0.00%
31.02% 0.00% 0.00%
29.61 % 0.00% 0.00%
28.06% 0.00% 0.00%
16.79% 0.00% 0.00%
11.72% 0.00% 0.00%
11.72% 0.00% 0.00%
9.66% 0.00% 0.00%
9.20% 0.00% 0.00%
TOTAL % OF
PORTFOLIO IN
FEDERAL AGENCIES
0.00%
3.33%
9.35%
17.08%
21.51 %
25.78%
23.33%
23.63%
23.04%
23.16%
27.45%
30.67%
31.09%
35.17%
33.31 %
33.43%
27.15%
30.58%
29.71%
28.81%
37.50%
34.78%
35.97%
40.65%
40.32%
43.77%
39.24%
31 .02%
29.61 %
28.06%
16.79%
11.72%
11.72%
9.66%
9.20%
0.00% 22.80%
2.08%
0.76%
25.65%
Agenda Item NO.5
Page 11 of 11
CITY OF .~
LAKE 6LSiNO~
, I
Y DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: NOTICE OF COMPLETION FOR MEDIAN MODIFICATION ON
MALAGA ROAD
BackQround
Malaga Road between Diamond Drive and the Diamond Stadium frontage road was
completed as a condition of approval on the John Laing Homes residential project.
Included in the road improvement was the construction of a landscaped median located
between Diamond Drive to the east and the stadium frontage road to the west.
Because of the location of the access to lot "A" at Diamond Stadium and the adjacent
overflow parking lot "C" driveway, an opening in the median was required. On March
11, 2008, a contract was awarded to NPG Corporation for the median modification.
Discussion
On February 26, 2008, City Council approved staff recommendation to proceed with the
construction of two left turn pockets on Malaga Road adjacent to the easterly driveway
of stadium lot "A" and parking lot "C". Staff proposed using the Street Improvement In-
Lieu funds in the amount estimated to be $55,000 for this project. The contractor
completed the work on May 30, 2008, in accordance to plans and specifications.
Fiscal Impact
The cost of constructing the median opening and two left turn pockets is $39,550. One
change order for $7,844 was approved for additional work for landscaping and conduit
work in the median. Staff proposed using the Street Improvement In-Lieu funds to
complete this work in the amount of $55,000. The total actual project costs, including
Agenda Item NO.6
Page 1 of 4
Malaga Road Median Notice of Completion
June 24, 2008
Page 2
completed construction, inspection and administration were $53,119. A balance of
$1,881 will be returned to the In-Lieu Funds account.
Recommendation
Authorize the Mayor to execute the Notice of Completion and allow the City Clerk to file
the Notice of Completion with the County of Riverside.
Prepared by:
David S. Solomon
Project Engineer
Ken A. Seumalo ~
Director of Public Works
Robert A. BradY~
City Manager
Approved by:
Agenda Item NO.6
Page 2 of 4
-
-
,... RECORDING REQUESTED BY
City of Lake Elsinore
AND WHEN RECORDED MAIL TO
City Clerk
Cit"v n-F T.alr", --
(Name)
130 S. Main Street
(Street Address)
Lake Elsinore, CA 92530
(Cily, Stale and Zip)
Malaga Road Median
NOTICE
NOTICE IS HEREBY GIVEN THAT:
1, The undersigned is OWNER of the interest or e
2, The FULL NAME of the undersigned is Ci t
3. The FULL ADDRESS of the undersigned is 1
4, The NATURE OF THE INTEREST or ESTATE of
Street Right-of-Way- Malaga Roa
(If Other Than Fee, Strike "In Fee" and Ins
5, The FULL NAMES and FULL ADDRESSES of A
the undersigned as CO-OWNERS are:
NAMES
N/A
6. The full names and full addresses of the predec
subsequent to the commencement of the work
NAMES
N/A
7, A work of improvement on the property hereinaf
8. The NAME OF THE ORIGINAL CONTRACTOR, i
N.P.G. Inu~. Perris, CA
N/A (If
9, The street address of said property is
10: The property on which said work of improvemen
County of Riverside
V
I, the undersigned, say:
I am, the Director of Public Works
("
owner of the aforesaid interest in the property describ
I have read the foregoing notice' and know the cont
I declare under penalty of perjury under the Laws 0
Executed on
,C
(Place Where Signed)
....
FO
IJ11[1 FORM 288
SPACE ABOVE THIS LINE FOR RECORDER'S USE
OF COMPLETION
state below in the property hereinafter described.
y of Lake Elsinore
30 S. Main Street, Lake Elsinore, CA 92530
the undersigned is: In fee,
d
ert, For Example, "Purchaser Under Contract of Purchase," or "Lessee.")
LL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with
ADDRESS
essors in interest of the undersigned, if the property was transferred
or improvement herein referred to:
ADDRESS
ter described was COMPLETED on (date) 5-30-2008
fany...for such work of improvement is
925/2
no Contractor, Insert "None")
twas completed is in the City of Lake Elsinore
, State of California, and is described as follows:
r
(Signature of Owner Named in Paragraph 2)
Daryl Hickman, Mayor
ERIFICATION
President of", "Partner of", "Agent of", etc.)
ed .above;
ents thereof, and the facts stated therein are true of my own knowledge.
f the State of California that the foregoing is true and correct.
,20_ at
alifornia,
(Personal Signature) Agenda Item No.6
A lIJ1IJ." BUILDING NEWS FORM PREPARED BY~~~ ~~~4
RM 288 - 101996
VICINITY MAP
MEDIAN MODIFICATION ON MALAGA ROAD
A
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Agenda Item No. 6
Page 4 of 4
CITY OF ~
LAKE 6LSINOPJ;
, I
~ DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: SUMMARY STREET VACATION FOR THE RIGHT-OF-WAY KNOWN
AS SILVER STREET
Backaround
A request to process a Summary Street Vacation of a portion of the Silver Street right-
of-way has been submitted by Mathew Fagan Consulting Services. This request is
located off of Minthorn Street just south of Chaney and the street segment extends from
Minthorn Street south to the termination point approximately 622 feet away. This
section of Silver Street has not been improved and exists only as a dirt road. As a
condition of this approval, staff has required that access be made available from Lot 6, a
lot adjacent to the south end of the street vacation area, to the public right-of-way.
Discussion
Silver Street is a planned future roadway alignment which provides public access to
several lots within the proposed area. The property owner, adjacent to Collier Avenue
and north of the Silver Street right-of-way, has made access available through their lot.
Staff has discussed this request internally as it relates to the approved County use and
the adjacent undeveloped lots. After considerable evaluation, staff is in agreement with
this request.
Fiscal Impact
No direct fiscal impact to the City will result from this roadway vacation.
Recommendation
Wave further reading and adopt a Resolution for the vacation of a portion of Silver
Street.
Agenda Item No. 7
Page 1 of 8
Silver Street Vacation
June 24, 2008
Page 2
Prepared by:
Ken A. Seumalo 1t.A S
Director of Public Works
Robert A. Brady ~
City Manager
Approved by:
Attached:
Vicinity Map
Resolution
Agenda Item No. 7
Page 2 of 8
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, FOR THE VACATION
OF A PORTION OF SILVER STREET
WHEREAS, the City Council ot the City ot Lake Elsinore has determined
that a certain street right-ot-way is no longer necessary to be utilized as public right-ot-
way, said easement being more particularly described as tollows:
That the portion ot Silver Street described as tollows:
That portion ot Silver Street as shown on record ot survey tiled March 5,
1992 in Book 91 ot Records ot Survey, at Pages 1-4 tiled in the Office ot
the County Recorder ot the County ot Riverside, State ot Calitornia, said
portion being more particularly described as tollows on Exhibit "A" and
illustrated on Exhibit "B" attached hereto and made a part ot; and
WHEREAS, the City Council tor the City ot Lake Elsinore desires to vacate
said right-ot-way pursuant to the procedures set torth in Streets and Highways Code
Section 8335, et seq.; and
WHEREAS, the vacation is permitted by law under pursuant to tlhe
conditions set torth in Streets and Highways Code Section 8333; and
WHEREAS, that trom and after the date the resolution is recorded, tl1e
street, highway, or public service easement vacated no longer constitutes a street,
highway, or public service easement; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA~(E
ELSINORE, CALIFORNIA, HEREBY RESOLVE AS FOLLOWS:
1. That the toregoing recitals are true and correct.
2. That based on the evidence submitted at said public hearing, the City
Council hereby tinds that the street and alleys described in this Resolution
is unnecessary tor present and prospective use.
3. That the street and alleys right-ot-way more particular described above is
hereby ordered to be vacated.
4. That the City Clerk I hereby ordered to record the resolution ot Vacation in
the Riverside County Recorder's Office.
1
Agenda ItE!m No. 7
Pa~}e 3 ot 8
PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 24th day of June 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD, CITY ATTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore at a regular meeting held on the 24th day of June 2008, and that the
same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
VIVIAN M. MUNSON
CITY CLERK
2
Agenda Item No. 7
Paige 4 of 8
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CITY OF ~
LAKE 6LSiI'iORI:
~ DREAM EjTREME
STREET V ACA nON OF SILVER STREET
OUTFLOW CHANNEL TO MINTHORN STREET
CITY COUNCIL
CITY OF LAKE ELSINORE
JUNE 24, 2008
N Base map prepared by:
1 City of Lake Elsinore
A en le~~nee~Ov:si,
9 ~~rces:
P~n~L~i~tJ~7s
SUIte plane NAD 83
EXHffiIT "A"
LEGAL DESCRIPTION
V ACA TION OF A PORTION OF SILVER STREET
THAT PORTION OF SILVER STREET AS SHOWN ON RECORD OF SURVEY
FILED MARCH 5, 1992 IN BOOK 91 OF RECORDS OF SURVEY, AT PAGES 1-4,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF Tf!E COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT
"B" ATTACHED HERETO AND MADE A PART HEREOF:
COMMENCING AT THE CENTERLINE INTERSECTION OF MINTHORN
STREET AND SILVER STREET; THENCE ALONG SAID CENTERLINE OF
SILVER STREET SOUTH 43005'07" WEST A DISTANCE OF 30.00 FEET TO A
POINT ON A LINE LYING PARALLEL WITH AND 30.00 FEET
SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, TO SAID CENTERLINE
OF MINTHORN STREET, SAID POINT BEING THE TRUE POINT. OF
BEGINNING; THENCE ALONG SAID PARALLEL LINE, NORTH 46056'40" WEST
A DISTANCE OF 30.00 FEET TO THE EASTERLY CORNER OF LOT 8 AS SHOWN
ON THE MAP OF HEALD'S RESUBDIVISION, RECORDED IN MAP BOOK 8,
PAGE 378, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 8 SHOWN ON SAID RECORD OF
SURVEY, SOUTH 43005'07" WEST A DISTANCE OF 472.40 FEET TO THE
EASTERLY CORNER OF LOT 6 AS SHOWN ON SAID MAP OF HEALD'S
RESUBDIVISION; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT
6, SOUTH 43005'07" WEST A DISTANCE OF 150.00 FEET; THENCE LEAVING
SAID SOUTHEASTERL Y LINE, PERPENDICULARLY TO THE CENTERLINE OF
SAID SILVER STREET, SOUTH 46054'53" EAST A DISTANCE OF 30.00 FEET TO
A POINT ON SAID CENTERLINE OF SIVLER STREET; THENCE ALONG SAID
CENTERLINE OF SILVER STREET, NORTH 43005'07" EAST A DISTANCE OF
622.46 TO THE TRUE POINT OF BEGINNING.
SAID PORTION OF LAND CONTAINS 18,672.23 SQUARE FEET.
/'
Agenda ItEtm No. 7
Pa~~e6of 8
EXHIBIT "A"
LEGAL DESCRIPTION
V ACA TION OF A PORTION OF SILVER STREET
THAT PORTION OF SILVER STREET AS SHOWN ON RECORD OF SURVEY
FILED MARCH 5, 1992 IN BOOK 91 OF RECORDS OF SURVEY, AT PAGES 1-4,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF Tf!E COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT
"B" ATTACHED HERETO AND MADE A PART HEREOF:
COMMENCING AT THE CENTERLINE INTERSECTION OF MINTHORN
STREET AND SILVER STREET; THENCE ALONG SAID CENTERLINE OF
SILVER STREET SOUTH 43005'07" WEST A DISTANCE OF 30.00 FEET TO A
POINT ON A LINE LYING PARALLEL WITH AND 30.00 FEET
SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, TO SAID CENTERLINE
OF MINTHORN STREET, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID PARALLEL LINE, NORTH 46056'40" WEST
A DISTANCE OF 30.00 FEET TO THE EASTERLY CORNER OF LOT 8 AS SHOWN
ON THE MAP OF HEALD'S RESUBDIVISION, RECORDED IN MAP BOOK 8,
PAGE 378, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE ALONG THE
SOUTHEASTERL Y LINE OF SAID LOT 8 SHOWN ON SAID RECORD OF
SURVEY, SOUTH 43005'07" WEST A DISTANCE OF 472.40 FEET TO THE
EASTERLY CORNER OF LOT 6 AS SHOWN ON SAID MAP OF HEALD'S
RESUBDIVISION; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT
6, SOUTH 43005'07" WEST A DISTANCE OF 150.00 FEET; THENCE LEAVING
SAID SOUTHEASTERLY LINE, PERPENDICULARL Y TO THE CENTERLINE OF
SAID SILVER STREET, SOUTH 46054'53" EAST A DISTANCE OF 30.00 FEET TO
A POINT ON SAID CENTERLINE OF SIVLER STREET; THENCE ALONG SAID
CENTERLINE OF SILVER STREET, NORTH 43005'07" EAST A DISTANCE OF
622.46 TO THE TRUE POINT OF BEGINNING.
SAID PORTION OF LAND CONTAINS 18,672.23 SQUARE FEET.
Agenda Itl9m No. 7'7 of 8
"-
EXHIBIT "B"
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Agenda Item No. 7
Page80f 8mm
CITY OF ~
LAKE 6LSiNORJ;:
, I
V DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: A RESOLUTION OF THE FEES FOR THE TRANSPORTATION
UNIFORM MITIGATION FEE PROGRAM
Backaround
The Transportation Uniform Mitigation Fee ("TUMF") is levied and collected from nE~W
residential and non-residential development for the purpose of financing the
construction of regional road improvements and transportation programs identified in
the TUMF Program Network. Once collected, TUMF monies are transferred to the
TUMF Program Administrator (the Western Riverside Council of Governments,
"WRCOG") for allocation and expenditure.
The City Council established the TUMF Program on April 22, 2003, and last updated the
fee structured in 2007.
Discussion
The TUMF Program contemplates periodic adjustments to the TUMF based on
construction costs or other variables that could affect the dollar value to construct the
facilities identified in the TUMF Program. Construction costs are directly attributable to
delivering the projects identified in the TUMF Program and the adjustments serve to
maintain pace with inflation. Developer credits and reimbursements provided for
qualified road improvements are also adjusted proportionately.
On April 7, 2008, the WRCOG Executive Committee took no action to adjust the TUMF
Program for Fiscal Year 2008/2009.
WRCOG has requested that the City adopt a new fee schedule resolution identifying the
fee schedule as unchanged. This fee schedule will remain in place for the 2008/2009
fiscal year.
Agenda Item No. 8
Pagle 1 of 5
Adoption of TUMF Ordinance
June 24, 2008
Page 2
Fiscal Impact
There is no fiscal impact to the City. The existing TUMF will be levied on new
development upon the effective date of the Resolution.
Recommendation
Wave further reading and adopt a resolution amending the Transportation Uniform
Mitigation Fee (TUMF) applicable to all developments in the City of Lake Elsinore.
Prepared by:
Ken Seumalo ~f
Director of Public Works
Robert A. Bradyn ~
City Manager 1l.W
Approved by:
Attachment:
Amended TUMF Ordinance
Agenda Item No.8
Page 2 of 5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING THE
APPLICABLE TRANSPORTATION UNIFORM
MITIGATION FEE (TUMF) APPLICABLE TO ALL
DEVELOPMENTS IN THE CITY OF LAKE ELSINORE
WHEREAS, the City of Lake Elsinore ("City") is a member agency of the
Western Riverside Council of Governments ("WRCOG"), a joint powers agency
comprised of the County of Riverside and fourteen cities located in Western Riverside
County; and
WHEREAS, the member agencies of WRCOG recognized that there was
insufficient funding to address the impacts of new development on the regional system
of highways and arterials in Western Riverside County (the "Regional System"); and
WHEREAS, in order to address this shortfall, the member agencies
formulated a plan whereby a transportation mitigation fee would be assessed on new
development and would be used to fund the necessary improvements for the Regional
System; and
WHEREAS, in furtherance of this plan, the WRCOG Executive Committee
adopted the "Western Riverside County Transportation Uniform Fee Nexus Study",
dated October 18, 2002 (the "2002 Nexus Study"); and
WHEREAS, based on the 2002 Nexus Study, the City adopted Ordinance
No. 1096 on April 22,2003, pursuant to California Government Code sections 66000 et
seq. authorizing the City to impose the Transportation Uniform Mitigation Fee ("TUMlF")
upon new development; and
WHEREAS, on February 6, 2006, the WRCOG Executive Committee
adopted the "Western Riverside Transportation Fee Nexus Study 2005 Update" (the
"Nexus Study") which served as a basis for the City Council to adopt an amended
TUMF Ordinance on April 4, 2007; and
WHEREAS, Section 4.C., "Fee Adjustment" of the TUMF Ordinance,
Ordinance 1096 adopted April 22, 2003, authorizes periodic review and adjustment to
the applicable TUMF in accordance with any adjustments made by the WRCOG
Executive Committee; and
WHEREAS, on April 7, 2008, the WRCOG Executive Committee
recommended that member agencies not adjust their applicable TUMF to refllect
increases in the construction cost index as a result of the current economic climate; and
WHEREAS, the fees collected pursuant to this Resolution shall be used to
finance the public facilities described or identified in the Nexus Study; and
1
Agenda Item NO.8
Page 3 of 5
WHEREAS, the levying of TUMF has been reviewed by the City Council
and staff in accordance with the California Environmental Quality Act ("CEQA") and the
CEQA Guidelines and it has been determined that the adoption of this ordinance is
exempt from CEQA pursuant to Section 15061 (b )(3) of the CEQA Guidelines.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does resolve as follows:
SECTION 1. FindinQs. The recitals set forth above are hereby adopted as
findings in support of this Resolution. In addition, the City Council re-adopts the findings
contained in Section 2, "Findings" of City Ordinance 1096 in support of the adjusted
TUMF contained herein.
SECTION 2. TUMF Fee Schedule. In accordance with Section 4.C., "Fee
Adjustment" of Ordinance 1096, there is hereby adopted the following fee schedule for
the TUMF which replaces the fee schedule set forth in Section 1 of Ordinance No. 1216
Adopted on May 8, 2007:
(1) $10,046.00 per single family residential unit
(2) $7,054.00 per multi-family residential unit
(3) $1.84 per square foot of an industrial project
(4) $9.99 per square foot of a retail commercial project
(5) $5.71 per square foot of a service commercial project
(6) $2.19 per square foot of a service Class A and B Office
SECTION 3. CEQA FindinQs. The City Council hereby finds that in
accordance with the California Environmental Quality Act ("CEQA") and the CEQA
Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section
15061(b)(3).
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 24th day of June.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
2
Agenda Item No. 8
Page 4 of 5
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD, CITY ATTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hemby
certify that Resolution No. was adopted by the City Council of the City of
Lake Elsinore at a regular meeting held on the 24th day of June 2008, and that the same
was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
VIVIAN M. MUNSON
CITY CLERK
3
Agenda It43m No. 8
Page 5 of 5
CITY OF ~
LAKE 6LSiNORf
, I
Y DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: PROFESSIONAL ENGINEERING SERVICES - CHUCK MACKEY
Backaround
In December of 2005, Chuck Mackey, the City's Contract Traffic Engineer, retired from
consulting after eleven years of service to the City. After four months of retirement, staff
determined a need to retain Mr. Mackey for beneficial use of his technical knowledge of
Traffic Engineering and his corporate knowledge of the City.
Discussion
The Engineering Division of the Public Works Department is faced with several tasks
including review and analysis of development and Capital Improvement Projects. With
eleven years of experience working for the City of Lake Elsinore as the City's Traffic
Engineer, Mr. Mackey has a significant amount of City history and knowledge. It is the
intent of this request to recapture the services of Mr. Mackey and his knowledge and
use it to streamline the processing of special projects and continue to supplement City
Staff in processing of development and capital projects. Mr. Mackey's services are
limited to an as needed basis and his work is limited to 100% billable projects unl19ss
otherwise authorized by the Director of Public Works.
Fiscal Impact
No direct fiscal impact to the City will result from this contract. Projects that Mr. Maclkey
will be assigned will either be budgeted through the Capital Improvement Program, or
the billable rate will be assessed against private development project submittal through
the deposit accounts.
Agenda Item No. 9
Page 1 of 5
Consultant Contract, Chuck Mackey
June 24, 2008
Page 2
Recommendation
Authorize the City Manager to enter into contract with Chuck Mackey to provide on-call
engineering services on an as needed basis.
Prepared by:
Ken A. Seumalo 'fJt'
Director of Public Works
Approved by:
Robert A. BradyO ~
City Manager IU
Attached:
Personal Service Contract: Charles Mackey
Agenda Item No. 9
Page 2 of 5
CITY OF LAKE ELSINORE
PERSONAL SERVICES CONTRACT
*************************************************************************************************,~*********
THIS AGREEMENT made and entered into on June 24, 2008, by the City of Lake Elsinore, a municipal corporation, party of the
first part, hereinafter referred to as CITY, and
CONTRACTOR Charles Mackey
FOR USE BY THE ADMINISTRATIVE SERVICES DEPT.
S.S/E.I.N. NO. 564-507-243
Vendor #
MAILING ADDRESS 13120 Palisade PI
Purchase Order #
CITY, STATE, ZIP Moreno Valley, CA 92553
Public Works Department, Engineering Division
PHONE NUMBER (951 )
656-2862
Document Preparer: Ken Seumalo, Director of Public Works
Date June 13,2008 Ext. or Telephone #951/674-3124 x244
party of the second part, hereinafter referred to as CONTRACTOR.
CONTRACT PERIOD: From: July 01, 2008 - TO: June 30,2009.
WITNESSETH:
That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR
of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other
related expenses;
A rate of $75 per hour. Based on providing up to 20 hours per week. Additional hours may be available contingent upon approval of
the Director of Public Works. Payment processing will begin upon presentation of a time sheet (format as provided and approved by
City), and invoice for services rendered. Task Statement: (Please see attached Scope of Services description as Exhibit "A".)
EXHIBIT "A" ATTACHED
TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and
be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits
which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights..
2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense,
inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR.
3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written
consent of CITY.
4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake
Elsinore.
5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California.
6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures,
practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore.
7. TERMINATION - This agreement may be terminated by CITY immediately for any cause or by either party without cause upon thirty (30) days' written notice
of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination.
8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except
working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to
use such materials in its discretion without further compensation to CONTRACTOR or to any other party.
(Signatures follow on next page)
Agenda Item No.9
Page 3 of 5
***********************************************************************************************************
RETURN TO: CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
ATTN: CITY MANAGER
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hand to this contract this day
of ,20______
CITY OF LAKE ELSINORE
CONTRACTOR
City Manager
Contractor
Director of Public Works
***********************************************************************************************************
NON-DISCRIMINA nON CLAUSE
The City of Lake Elsinore, in compliance with Title VI and Title VII ofthe Civil Rights Act of 1964, Title IX of the Education Amendments of I 972, S'~ction 504 of
the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and
California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as
a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services.
Agenda Item No. 9
Page 4 of 5
Exhibit 'A'
Scope of Services
City of Lake Elsinore
Engineering Services
Consultant agrees to provide project management and related consulting
services for the City of Lake Elsinore's Public Works Department as directed by
the City Engineer and/or the Director of Pubic Works as set forth below. It is
understood based on the representation made by the Consultant that he/she is
specially trained, experienced and competent to perform the special services
which will be required by this scope of services. In addition, it is understood that
the consultant possess the skill, experience, ability, background, certification and
knowledge to provide the services and the terms and conditions described
herein:
1. Review and process Engineering designs for street, traffic signals,
traffic control plans, layout of streets or public works projects as
assigned by the City Engineer, Traffic Engineer or Director of Public
Works.
2. Prepare or cause to be prepared by processing, managing and
monitoring the preparation of any County, State or Federal documents
related to project development or processing.
3. Prepare interoffice memoranda, prepare routine staff reports and
recommendations to the City Engineer, Traffic Engineer or Director of
Public Works.
4. Respond to inquiries, both orally and in writing, interpret Engineering
policies.
5. Perform field inspections and attend meeting or other public functions
as an ex-officio member of City Staff.
6. Consultant shall provide his/her own automobile and pager/cell phone.
7. If determined necessary, provided assistance at the public counter.
Agenda Item NO.9
Page 5 of 5
CITY OF ~~
LAI(l:: 6LSiNORf:
, I
Y DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: PROFESSIONAL ENGINEERING SERVICES - DAVE SOLOMON
Backaround
Mr. Solomon has been involved in processing projects and implementing the Capital
Improvement Program with the City of Lake Elsinore since 2004. He brings over 2:0-
years of Engineering experience to this position, most of which was in the public sector.
Over the past five years, Mr. Solomon has provided project management services for
the City's Capital Improvement Program and consistently delivers projects within the
project schedule and within the approved budget. Mr. Solomon also provides valuable
grant writing services and his high success rate has yielded several hundred thousand
dollars in project funding.
Discussion
As a matter of procedure, the Engineering Division for the City of Lake Elsinore
conducts an informal evaluation of a contract employee prior to the contract renewal.
Mr. Solomon has worked well with the general public, contractors and City Staff. He
consistently delivers projects on time and under budget and has been successful in
applying for Public Works Grants. As Mr. Solomon's 2007-2008 contract will expire at
the end of June, the Engineering Division is recommending the renewal of his contract
Fiscal Impact
No direct fiscal impact to the City's General Fund will result from thi,s contract. Projects
to which Mr. Solomon will be assigned are budgeted through the Capital Improvememt
Program projects themselves under "Administration".
Agenda Item No. 10
Pa!~e 1 of 5
Consultant Contract, Dave Solomon
June 24, 2008
Page 2
Recommendation
Authorize the City Manager to enter into contract with David Solomon to provide on-call
project management and engineering services on an as needed basis.
Prepared by:
Ken A. Seumalo '(Jf
Director of Public Works
Robert A. Brady,()~
City Manager ~L4.V
Approved by:
Attached:
Personal Service Contract: Dave Solomon
Agenda Item No. 10
Pa!~e 2 of 5
CITY OF LAKE ELSINORE
PERSONAL SERVICES CONTRACT
************************************************************************************************~,**********
THIS AGREEMENT made and entered into on June 24, 2008 by the City of Lake Elsinore, a municipal corporation, party of the
first part, hereinafter referred to as CITY, and
CONTRACTOR David Solomon
FOR USE BY THE ADMINISTRATIVE SERVICES DEPT.
S.S/E.I.N. NO. 311-44-6591
Vendor #
MAILING ADDRESS 2230 Eucalvotus Avenue
Purchase Order #
CITY, STATE, ZIP Escondido, CA 92029
Public Works Department, Engineering Division
PHONE NUMBER (760) 746-2182
Document Preparer: Ken Seumalo, Director of Public Works
Date 06/13/08 Ext. or Telephone # 951/674..3124 x244
party of the second part, hereinafter referred to as CONTRACTOR.
CONTRACT PERIOD: From: July 01, 2008 - TO: June 30,2009.
WITNESSETH:
That in consideration ofthe covenants and agreements herein expressed and of the faithful performance by CONTRACTOR
of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other
related expenses;
A rate of$75.00 per hour. Based on providing up to 40 hours per week. Additional hours may be available contingent upon approval
of the Director of Public Works. Payment processing will begin upon presentation of a time sheet (format as provided and approved
by City), and invoice for services rendered. Task Statement: (Please see attached Scope of Services description as Exhibit "A".)
EXHIBIT "A" ATTACHED
TERMS AND CONDITIONS
I. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and
be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits
which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights..
2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injUl)' to persons, and loss, expense,
inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR.
3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written
consent of CITY.
4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of th., City of Lake
Elsinore.
5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California.
6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures,
practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore.
7. TERMINATION - This agreement may be terminated by CITY immediately for any cause or by either party without cause upon thirty (30) days' written notice
of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination.
8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except
working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have t!he sole right to
use such materials in its discretion without further compensation to CONTRACTOR or to any other party.
(Signatures follow on next page)
Agenda Item No. 10
Page 3 of 5
***********************************************************************************************************
RETURN TO:
CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
ATTN: CITY MANAGER
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hand to this contract this day
of ,20______
CITY OF LAKE ELSINORE
CONTRACTOR
City Manager
Contractor
Director of Public Works
***********************************************************************************************************
NON-DISCRIMINATION CLAUSE
The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, Section 402 ofthe Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and n:gulations and
California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as
a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services.
Agenda Item No. 10
Page 4 of 5
CITY OF LAKE ELSINORE
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
Scope of Services - Engineering Consultant
Consultant agrees to provide project management and related consulting
services for the City of Lake Elsinore Public Works Department as directed by
the Director of Public Works and/or City Engineer as set forth below. It is
understood based on the representations made by the Consultant that he/she is
specially trained, experienced, and competent to perform the special services
which will be required by this scope of services. In addition, it is understood that
the consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services and the terms and conditions described
herein:
1 . Review and process Engineering design for streets, storm drains or public
works projects as assigned by the Director of Community Development and/or
City Engineer.
2. Prepare or cause to be prepared by processing, managing, and monitoring
the preparation of any County State or Federal documents related to project
development or processing.
3. Prepare interoffice memoranda, prepare routine staff reports and
recommendations to the Director of Public Works and/or City Engineer.
4. Respond to inquiries, both orally and in writing, interpret Engineering policies,
state laws, and local ordinances, explain division and department procedures.
5. Perform field inspections, and attend meetings or other public functions as an
ex-officio member of City Staff.
6. Consultant shall provide his/her own automobile and pager/cell phone.
7. If determined necessary, provide assistance at the public counter.
Agenda Item No. 10
Page 5 of 5
CITY OF ~
LAKE 6LSiNO~
, I
Y DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: PROFESSIONAL ENGINEERING SERVICES - PETER RAMEY
Backaround
The City Council has directed staff to complete the proposed fire station located in the
Rosetta Canyon Specific Plan area by the summer of 2009. Located off of Rosetta
Canyon Road near State Route 74, this station will provide services to the eastern
region of the City as well as mutual aid to neighboring communities. Through the
requirements of the Rosetta Canyon Specific Plan, Centex Homes dedicated the fire
station site as well as the adjacent land for development as a park.
Discussion
Plans for the Rosetta Canyon fire station have been completed and the project is
currently accepting bids for construction. Building a fire station requires speGific
construction management experience to coordinate the various construction trades (Le.
plumbing, electrical, HVAC, etc.), maintain a schedule and resolve the various confliicts
inherent with this type of project. Mr. Ramey has managed several fire station and
other public building projects of this type for the City of Moreno Valley. Two of his
projects, a fire station and an animal shelter, won awards from the American Public
Works Association. Four potential candidates representing various consulting firms
were interviewed for this work and because of his experience and success, staff is
recommending Mr. Ramey for this project.
Fiscal Impact
The cost of the service shall not exceed $150,000 which includes participation in pre-
construction meetings, construction over site and post-construction close-outs. Funds
for this service shall be paid through a combination of several funds including Fire
Agenda Item No. 11
Pa~le 1 of 18
Consultant Contract, Peter Ramey
June 24,2008
Page 2
Facility Fees, Developer Agreements, Community Center Impact Fees and Park Impact
Fees. Sufficient funds are available for this work.
Recommendation
Authorize the City Manager to enter into a contract with Peter Ramey to provide
Construction Management services for the Rosetta Canyon Fire Station project.
Prepared by:
Ken A. Seumalo ~
Director of Public Works
Robert A. Brady(l M1.
City Manager W
Approved by:
Attachment:
Professional Services Contract
Vicinity Map
Agenda Item No. 11
Pa~Je 2 of 18
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement"), dated for identification
purposes only as of June 24, 2008, by and between the City of Lake Elsinore, a municipal
corporation ("City") and Peter Ramey ("Consultant").
RECIT ALS
A. Consultant will manage the construction of the Rosetta Canyon Fire Station in accordance
with this Agreement (the "Project").
B. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the terms and conditions described herein.
D. City desires to retain Consultant to render professional consulting services and related work
as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction ofthe City provided to
Consultant through City staff from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of three (3) years, subject to annual review by the City
Council.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $150,000 without additional
authorization from the City Manager. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days
after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that
Consultant perform Extra Work. As used herein, "Extra Wark" means any work which is determined
by City to be necessary for the proper completion of the Project, but which the parties did not
reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant
shall not perform, nor be compensated for, Extra Work without written authorization from City.
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Agenda ItE~m No. 11
Pa!~e 3 of 18
Extra work will be invoiced separately from services performed in accordance with the Scope of
Services.
6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal documents, shall become the property ofthe City
upon payment to Consultant for such work, and the City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City upon written request. City acknowledges that any use of such materials in a manner
beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further
agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees
and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expenses in connection therein), arising out of the City=s
use of such materials in a manner beyond the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and
other documents or works of authorship fixed in any tangible medium of expression, including but
not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require that all subcontractors agree in writing that City is grante:d a
nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any and
all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant or provided
to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at
any time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other Documents &
Data either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agreement. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs relating to project for which Consultant's services are rendered, or any publicity
pertaining to the Consultant's services under this Agreement in any magazine, trade paper,
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Agenda ItE~m No. 11
Pa!ge 4 of 18
newspaper, television or radio production or other similar medium without the prior written consent
of City.
8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouch(~rs,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period ofthree (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period ofthree (3) years, or for any longer period required by
law, from the date of termination 01' completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when :it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above-named officers, require that custody of the records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consul tant' s successor-in -interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may
have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Consultant's services hereunder. Consultant further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
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Agenda ItHm No. 11
Pa!ge 5 of 18
a. will conduct research and arrive at conclusions with respect to hislher rendition of
information, advice, recommendation or counsel independent ofthe control and direction of the City
or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. l8700(a)(2).)
11. Professional Ability of Consultant. City has relied upon the professional training and ability
of Consultant to perform the services hereunder as a material inducement to enter into this
Agreement. Consultant shall therefore provide properly skilled professional and technical personnel
to perform all services under this Agreement. All work performed by Consultant under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, pennits,
qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant
to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any
licenses, permits, insurance and approvals which are legally required of Consultant to practic(;~ its
profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employees and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out of the sole
negligence or willful misconduct ofthe City, its officers, agents, employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Work,ers'
Compensation Insurance and Employer's Liability Insurance for hislher employe(;~s in
accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any notice of cancellation or
non-renewal of all Workers' Compensation policies must be received by the City at
least thirty (30) days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Consultant for City.
4
Agenda Item No. 11
Pa~)e 6 of 18
ii. General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commerdal
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 perfomled
under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit.
111. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities ofthe
Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount ofthis insurance shall not
be less than two hundred and fifty thousand dollars ($250,000) on a claims-made
annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best=s rating of no less than A: VII and shall be endorsed with the
following specific language:
i The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability arising out
of work performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
111. 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 ofliability
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 ofthe policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, emploY1ees,
agents, or volunteers.
5
Agenda ItElm No. 11
Pa~~e 7 of 18
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the City's option, Consultant shall demonstrate
financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during
the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
party at the address set forth below. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided in this section.
If to City:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant:
Peter Ramey
27479 Darlene Drive
Moreno Valley, CA 92555
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City
for entering into this Agreement is the professional reputation, experience and competenc(~ of
Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations
ofthe Consultant under this Agreement will be permitted only with the express consent ofthe City.
Consultant shall not subcontract any portion of the work to be performed under this Agreement
except as provided in Exhibit D without the written authorization of the City. If City consents to
such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to payor to see to the
payment of any monies due to any such subcontractor other than as otherwise is required by law.
6
Agenda Item No. 11
Pa~)e 8 of 18
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness ft::es,
discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall
have the option to strike two of the five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may
commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and to bind each respective party.
27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting Drom
the award or making of this Agreement. For breach or violation ofthis warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom.
28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
7
Agenda ItElm No. 11
Pa~~e 9 of 18
STREET
MEDIANS & PARKWAYS
ICLASSIFICATION IMEDIAN IPARKWAY
Grand Avenue Urban Arterial
Scales Way to Ontario Way 643.66
South of Windward Way to Shoreline Drive 940.96
Macy Street to Machado Street 4286.88
Machado Street
Lincoln Street to Lakeshore Drive Maior 3739.77
Corydon Street Maior 6788.85
to Mission Trail
Mission Trail
Corydon Street to Railroad Canyon Road Urban Arterial 10250.1
Bundy Canyon Road
Diamond Drive
Lakeshore Drive
Railroad Canyon Road
Riverside Drive
Lake Street
Coal Avenue
Nichols Road
T erraCotta
Corydon Street
Lemon Street
Lost road
Canyon hills Road
Holland Road
Franklin Street
Diamond Drive
Grape Street
Casino Drive
Stoneman Street
Graham Ave
Lakeshore Drive
Chaney Street
Central Street
Colllier Avenue
Machado Street .
Lincoln Street
Grand Avenue
Riverside Street
RamsQate Drive
Urban Arterial Highway
Major Highway
6-lane, 120ft row wi 14' raised median
4-lane, 100ft row wi 14' raised median
Agenda Item No. 11
Page 10 of 18
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.
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
written above.
"CITY"
CITY OF LAKE ELSINORE,
a municipal corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Leibold, McClendon & Mann, P.c.
Barbara Zeid Leibold, City Attorney
"CONSULTANT"
By:
Peter Ramey
8
Agenda ItE~m No. 11
Pagl3 11 of 18
EXHIBIT "A"
SCOPE OF SERVICES
Agenda ItElm No. 11
Pago 12 of 18
Scope of Work
Pre-Construction Services
Review Contract plans and special provisions for quality, accuracy,
constructability and safety
Review bid and contract documents
Assist in the evaluation of the contractor's bid documents, if needed
Attend pre-construction conferences
Review and analyze traffic handling and traffic control plans submitted by the
contractor
Verify implementation and compliance to the Storm Water Pollution Prevention
Plan
Coordinate and assist the contractor in obtaining a city traffic control permit,
encroachment permits, and other permits required for this project.
Review and analyze contractor's construction schedule to verify all project
requirements are included
Recommend to the City to issue a Notice to Proceed with construction
Construction services
Review the contractor's schedule of values
Coordinate comprehensive contract administration with City Project Manager
Review contractor's submittals and coordinate with other agencies, and property
owners for final approval.
Review contractor in place work for quality assurance prior to building inspection
Monitor and inspect contractor's daily progress
Issue Weekly working day schedule
Residence engineers Daily Log
Assist the City in cost engineering and estimating prepare, process and monitor
CCO's
Prepare CCO Diaries
Review RFl's and review plans to resolve RFI
Review contract change order requests
Prepare quantity calculations and monthly progress payment reports
Conduct labor interviews and monitor labor compliance and verify certified payroll
Monitor utility relocations and service installations
Review on-going traffic handling and traffic control plans
Conduct regular safety reviews of the entire project site to ensure full compliance
with safety
Assist the Architect in preparing the punch list
Post-Construction Services
Complete Contract Close-out, including item adjustments, final estimates and
relief of maintenance
Assist the Architect in as-built drawings
Assist in obtaining certificate of occupancy
Assist in the preparation of final staff reports
5
Agenda Item No. 11
Page 13 of 18
Schedule of Charges
Not-to-Exceed Cost Proposal
Classification Hours Hourly Rate Cost
Pre-Construction Phase
Project Manager 120 $90 $ 10,800.00
Construction Phase (12 months)
Project Manager 1,506 $90 $ 135,540.00
Post-Construction Phase (5 Days)
Project Manager 40 $90 $ 3.600.00
Total 1,660 149,940.00
Explanation of Rates
1. Rates are good for 12 months after city approval of the Agreement for
Professional Services. After 12 months rates will be subject to renegotiation.
2. Contract time may be extended by weather or unforeseen delays that arise
during construction.
3. All rates include vehicles, cell phone, safety gear, laptops, and office supplies.
4. The City will provide/supply office space and necessary utilities at no cost.
6
Agenda ItHm No. 11
Pag1e 14 of 18
EXHIBIT "B"
SCHEDULE OF CHARGES
Agenda Item No. 11
Pagl3 15 of 18
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California
Executed on this
California.
day of
,200_ at
Consultant
Agenda Item No. 11
Pago 16 of 18
EXHIBIT "D"
LIST OF SUBCONTRACTORS
[INSERT]
Agenda ItE~m No. 11
PagH 17 of 18
VICINITY MAP
ROSETTA CANYON FIRE STATION
CITY COUNCIL
Agenda Item No. 11
Pagl3 18 of 18
CITY OF IJ'Y~
LA~ ,6,LSII10Rf
?;t." DREAM E;(TREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: ALBERHILL RANCH SPORTS PARK TURF RENOVATION
Backaround
Alberhill Ranch Sports Park is comprised of five (5) soccer fields among other
amenities. These fields have extensively been utilized during the past year, five days
per week for soccer practices and league games by various Lake Elsinore soccer
organizations. Due to the amount of use these fields have and continue to receive, the
turf is in need of renovation on the four lower fields, especially in high use areas of each
field.
Discussion
With the assistance of the Elsinore Valley Youth Soccer League (EVYSL), staff has
taken a proactive approach to securing donations of materials from outside agencies in
order to complete this needed renovation. Cal South, a state regional governing soccer
organization, has secured the materials for the renovation. In addition, the School
District and the Storm Stadium have made their turf renovation equipment available for
the renovation. By working collaboratively with these organizations, $28,500 in materials
was obtained and the cost to rent equipment was not incurred.
The renovation will be performed by City staff and volunteers and will take about one
week to complete. The park renovation will include: aeration of four fields, adding a Cine
inch layer of top soil over each field, applying grass seed and fertilizer. In order to
provide sufficient time for the grass seed to germinate and to establish a mature root
base, the park will be closed for public use. It is anticipated the park will be available for
public use in mid-October 2008.
On Thursday, May 29 staff met with the adult and youth soccer organizations regarding
the park renovation and closure. All organizations are supportive of the renovation and
have agreed to use alternative fields located at other parks and will use school district
fields.
Agenda Item No. 12
Page 1 of 2
Alberhill Ranch Sports Park Turf Renovation
Council Report June 24,2008
Page 2
Staff contacted the Boys and Girls Club to inform them of the park renovation and
closure, and they are also supportive of the renovation project. During the closure, the
Boys & Girls Club will remain open and will operate as usual through the duration of the
renovation. The field located adjacent to the Boys and Girls Club will continue to be
available for outside activities.
Park staff will install a temporary gate across the park entrance of the driveway of
Alberhill Park, and will post a large sign informing the public the park is under
renovation and is temporarily closed.
Fiscal Impact
No impact to the City General Fund.
Recommendation
Authorize the Director of Parks and Recreation to temporarily close Alberhill Ranch
Sports Park for turf renovation and to accept the materials donated by Cal South.
Prepared by:
Jess Culpeper
Parks Supervisor
Ray Gonzales ~/
Director of Parks and Recreation
Robert A. BradY()~
City Manager ) LeJ
Approved by:
Approved by:
Agenda Item No. 12
Page 2 of 2
CITY OF ~
LAKJ: ,6/LSiNO~
~~ DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: RAILROAD CANYON ROAD SLOPE STABILIZATION PROJECT-
CONSTRUCTION CONTRACT AWARD
Backaround
In February of 2005, there was a slope failure along Railroad Canyon Road just west of
the eastbound travel lanes about half way between Grape Street and Canyon Hills
Road. A lane closure and temporary fencing was installed to detour traffic and provide
a safety buffer for the traveling public from further slides. The permanent solution was
determined to be a debris fence and "pinning" the larger material into the slope.
Based on the recommendations of the geotechnical consultant, the repair would be
constructed in two phases. The consultant recommended a combination of mid-level
and lower level catchment fences, rock bolting and horizontal drain installation. In FY
2006/07 and 2007/08, the budget for the Railroad Canyon Slope repair in the amount of
$465,000, was set for the two phases.
The first phase of work which included the placement of mid-level and lower I€~vel
catchment fences was completed in 2007. The second phase will involve the
installation of rock bolting and drains.
Discussion
On June 17, 2008 at 1 :30 p.m., the City received bids from contractors to repair the
slope on Railroad Canyon Road. Project specifications required all contractors to be
pre-qualified. Qualifications depended on their ability to perform work similar to the one
in contract specifications. The bidders were as follows:
1.
2.
HI-TECH Rockfall Construction, Inc.
AIS Construction Company
$225,000
$302,920
Agenda Item No. 13
Page 1 of 2
Railroad Canyon Slope Repair
June 24, 2008
Page 2
Engineer's estimate for the project is $120,000.
Staff has evaluated the performance of the initial repair and has documented minor
sloughing with no significant rock fall.
Fiscal Impact
In FY 2006/07 and 2007/08, $465,000 was programmed for the two phases of Railroad
Canyon Road Slope Repair. For FY 2007/08, $197,028 was budgeted for phase twOl of
the repair work. This budget amount included costs for preparation of engineering
plans, construction, contingencies, inspection and administration. The lowest bid is
eighty-eight percent (88%) over engineers estimate. The second bid is over two and
one half times over engineers estimate.
Recommendation
Reject both bids and direct staff to monitor the slope for any change in conditions.
Concurrently, review the project plans for value engineering and return to City Council
for new estimate and additional funding sources if necessary.
Prepared by:
David S. Solomon
Project Engineer
Ken A. SeumalolLJkS'
City Engineer
Approved by:
Robert A. Brady" ML
City Manager \l@)
Agenda Item No. 13
Page 2 of 2
CITY OF ^~
LA~ \6,LSift()~
~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: CONTRACT WITH L1LBURN CORPORATION TO PREPARE CEQA
COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS
"ALBERHILL SOUTHWEST SHALE MINE RECLAMATION PLAN"
Backaround
The City of Lake Elsinore serves as the lead agency to evaluate the environmelntal
impacts of development projects proposed within the City. The Community Development
Department is responsible for the preparation of the necessary information and,
depending on the scope and size of the project, will either prepare the environmEmtal
documents in-house or have a consultant prepare the documents and studies. The cost of
preparing the environmental analysis is paid for by the project applicant (Maruhachi
Ceramics of America. Inc.) through the application fee process.
Discussion
Mining activities associated with the Alberhill Southwest Shale Mine include the extraction
of clay and rock aggregate over a 15-year timeframe. These activities are vested undHr an
existing mining permit and are exempt from the California Environmental Quality Act
(CEQA). However, one of the future requirements includes the preparation of a
Reclamation Plan which is subject to CEQA. The mining reclamation site is located north
and east of Interstate 15, APNs 390-210-014 and -019.
Pursuant to the California Environmental Quality Act (CEQA), a determination on the
appropriate type of CEQA document will be made by Staff upon completion of an Initial
Study (IS) and supporting technical studies. Should the IS provide evidence that all
impacts are less than significant or can be mitigated to a level of less-than-significant, a
MND will be the appropriate CEQA document for the proposed project.
Agenda Itl3m No. 14
Page 1 of 18
Lilburn Contract For MCA Reclamation Plan
June 24, 2008
Page 2 of 2
However, should the IS conclude that there will be potentially significant impacts that
cannot be mitigated, an Environmental Impact Report (EIR) will be prepared. Based upon
the size of the project, and the anticipated level of significance of impacts, the scope
prepared by the consultant estimated the costs associated with preparation of an MND.
Should an EIR be required, this contract could be amended by the City Council in the
future.
Lilburn Corporation, Inc. is not currently on the existing CEQA Consultant List but was
specifically requested by the applicant. City Staff met with Lilburn staff, reviewed CEiQA
documents they prepared on previous related projects, and contacted references.
Because of Lilburn's extensive past experience with mining reclamation plans and
associated CEQA document preparation, Staff concurs that contracting with Lilburn is the
best approach towards CEQA compliance for this project. The proposed cost of preparing
the environmental review is not to exceed $25,470.
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the
developer through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
Recommendation
Authorize the City Manager to enter into a contract with Lilburn Corporation, Inc. to
prepare the CEQA compliance documents for the Alberhill Southwest Shale Mine
Reclamation Plan, in an amount not to exceed $25,470.
Prepared by: Tom Weiner~
Planning Manager
Approved by: Robert A. Brady ()~
City Manager ~
Attachments
Agenda Item No. 14
Page, 2 of 18
CONSULTANT SERVICES CONTRACT
***********************************************************************************************************
THIS AGREEMENT made and entered into on ,20_. by the City of Lake Elsinore, a municipal
corporation, party of the fIrst part, hereinafter referred to as CITY, and
CONTRACTOR
FOR USE BY CITY MANAGER'S OFFICE ONLY
S.S/E.I.N. NO.
Vendor #
Acct.
Purchase Order #
Amount $
MAILING ADDRESS
Obj. Code
CITY, STATE, ZIP
PHONE NUMBER (
)
City Division
ACCT. To Be Chgd.
Document Preparer
Date Ext. or Telephone #
party of the second part, hereinafter referred to as CONTRACTOR.
CONTRACT PERIOD: From
.20
TO
,20
WITNESSETH:
That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR
of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other
related expenses;
($
Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services
description as Exhibit "A".)
TERMS AND CONDITIONS
I. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and
be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits
which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights...
2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense,
inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR.
3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written
consent of CITY.
4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake
Elsinore.
5. APPLICABLE LAW - This agreement shall be govemed by and construed in accordance with the laws of the State ofCalifomia.
6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures,
practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore.
7. TERMINATION - This agreement may be terminated by CITY immediately for cause or by either party without cause upon thirty (30) days' written notice of
termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination.
8. DOCUMENTS - All plans, studies, documents and other Writings prepared by and for CONTRACTOR in the course of implementing this agreement, except
working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to
use such materials in its discretion without further compensation to CONTRACTOR or to any other party.
(Signatures follow on next page)
Agenda Item No. 14
Page 3 of 18
Wendy Worthey
11552 Alkaid Drive
San Diego, CA 92126
(619) 890-2762
June 16, 2008
Thomas Weiner, Planning Manager
City of Lake Elsinore Planning Division
130 South Main
Lake Elsinore, CA 92530
SUBJECT: Contract Planning Services
Dear Tom:
This letter serves to confirm that I will continue to provide Contract Planning and
Consulting Services to the City of Lake Elsinore (City) as the Principal
Environmental Planner on an "as needed" basis, which shall be determined by
you or any other appropriate City representative. My hours will be full-time,
including being on-call every day of the week. My hours in the office shall
remain: Tuesdays - At least 8:00 a.m. to 5:00 p.m.; Wednesdays - At least 8:00
a.m. to 5:00 p.m.; and, Thursdays - At least 8:00 a.m. to 5:00 p.m.
My services shall be provided at the same rate of $75.00 per hour. I shall submit
invoices periodically to the City, which are due and payable upon receipt. My
services shall include environmental planning functions, including but not
limited to: CEQA review and analysis of proposed projects, MSHCP consistency
determinations, early planning and coordination with developers, regulators, and
consultants to increase efficiency in the environmental process, working towards
a successful completion of the environmental process for the AutoMall Overlay
District, providing assistance to RDA, preparation of and/or updating the
environmental guidelines, developing a mitigation program for wetlands impacts,
educating other Planners about new or revised environmental regulations and
policies, and CEQA/NEP A reviews of documents prepared by other jurisdictions
that could affect the City. My workload will also continue to include
coordinating with City Staff towards the successful completion of the General
Plan Update and Environmental Impact Report.
I have appreciated and enjoyed my professional relationship with the City, and
look forward to being part of another exciting year!
Agenda Item No. 14
Page 4 of 18
ALBERHILL SOUTHWEST SHALE MINE
RECLAMATION PLAN
APN'S:390-21 0-014 & 019
PROJECT SITE
Agenda Item No. 14
Page 5 of 18
Scope of Work
June 10, 2008
Initial Study and Mitigated Negative Declaration -
Alberhill Southwest Shale Mine Reclamation Plan
Applicant Name
Maruhachi Ceramics of America, Inc. (MCA)
This scope of work for preparation and processing of an Initial Study/Mitigated Negative
Declaration (IS/MND) has been developed based upon information provided by the City
of Lake Elsinore, Planning Division and Maruhachi Ceramics of America, Inc. (MCA)
("Applicant"). A determination on the appropriate type of CEQA document will be made
upon completion of the Initial Study (IS). Because Lilburn Corporation ("CONSULTANT")
does not anticipate unavoidable adverse impacts resulting from the proposed project,
which is a reclamation plan, a Mitigated Negative Declaration (MND) is expected to be
recommended as the appropriate CEQA document for purposes of reclamation plan
approval and the permits of any responsible and trustee agencies. However, if the IS
concludes that there are potentially significant impacts, for which mitigation cannot be
identified, an Environmental Impact Report (EIR) may be required. CONSULTANT will
provide a revised scope and fee if an EIR is required.
Project Understanding
It is our understanding that APPLICANT has submitted a request to the City of Lake
Elsinore, Planning Division, for approval of a Reclamation Plan for the Alberhill
Southwest Shale Mine ("proposed project") in the City. The City has determined that the
mining operation is a vested right, not requiring a land use approval (mining permit).
Thus, only reclamation plan approval is required, which is the project for purposes of
CEQA and the Initial Study.
Based upon preliminary discussions with the City, it appears that an IS/MND will likely
be the appropriate type of CEQA documentation for the proposed project. This IS/MND
will be prepared in accordance with CEQA and the CEQA Guidelines. The technical
reports listed below, which are currently being prepared by the Applicant, will, following
review by CONSULTANT, provide the basis of the conclusions reached in the IS. If it is
found through the IS process that environmental impacts resulting from the proposed
project can not be mitigated to a "less than significant" level, the CEQA document will be
elevated to an EIR. Further, if necessary, this contract would be amended to cover the
costs of an EIR. CONSULTANT also understands that time is of the essence and that
the Applicant has an aggressive CEQA document preparation and processing schedule.
For cost estimating purposes, it is assumed that the following documentation and
supporting information will be prepared on behalf of the Applicant, and provided to
CONSULTANT for review of adequacy, CONSULTANT will use these reports in
preparing the IS/MND (as appropriate, need hardcopy and electronic files for each):
. Project Description - All project features, including but not limited to the following:
o Site Access
o Mining operations for purposes of defining reclamation,
o Production levels,
o Reclamation plans,
1
Agenda Item No. 14
Page 6 of 18
o Truck trips and equipment needs, and
o Phasing schedule.
· Assessor Parcel Numbers for the project site;
· Site Plan;
· Entitlement Documentation/Applications (as required by the City);
· Mining elevations and slopes;
· Grading Plan (AutoCAD);
· Utilities including water, etc;
· Revegetation Plan;
· Site Photographs;
. Air Quality Analysis;
· Biological Resources Technical Study;
· Geotechnical Feasibility Investigation;
. Noise Analysis; and
. Traffic Analysis
To meet the accelerated schedule, CONSULTANT would need all of the above
information (as applicable) at the Notice to Proceed. This scope assumes that the
technical consultants will provide copies of their studies to the City for review and
approval.
Task 1 - Project Initiation
All project initiation and coordination activities will occur under this task including an
estimate of 25 hours for CONSULTANT'S Project Manager to attend up to five meetings
related to the proposed project. This task includes the following:
· Coordination with the City and Applicant to gather all necessary data and
information;
· Development of appropriate level of detail and format for the document;
· Discussion with regulatory agencies, as appropriate, to identify their approach to
resource protection in this area;
. Identification of additional data needs; 1 and
· One kick-off meeting, one Planning Commission public hearing; and, one City
Council public hearing. CONSULTANT will attend any additional required
meetings beyond this allowance, if requested, and will invoice in accordance with
the fee schedules in effect at that time, following receipt of written authorization
to proceed.
Task 2 - Cultural Resources Study
Under this task, CONSULTANT's subconsultant, McKenna et aI., will prepare a records
search report for cultural and historic resources. McKenna et al. will assess the potential
for the presence of potentially significant prehistoric and historic sites in accordance with
City CEQA guidelines. This study will consist of a review of literature and site records on
file with the Eastern Information Center (EIC) at UC Riverside.
I Although not anticipated, CONSULTANT is aware that changed site conditions or regulations
occasionally result in the need to amend the contract scope and costs. CONSULTANT would coordinate
any additional needs with both the City and Applicant for approval.
2
Agenda Item No. 14
Page 7 of 18
Task 3 - Initial Studyl Mitigated Negative Declaration Preparation
The Draft IS checklist will be prepared pursuant to Section 15060-15065 of the CEQA
Guidelines, and City of Lake Elsinore CEQA implementing procedures and
requirements. Preparation of the IS will be based on existing available public information
to the maximum extent practical. In addition, technical studies, prepared by Applicant-
retained consultants, will be referenced in the IS. The IS will (1) describe the proposed
project and any related offsite infrastructure improvements, (2) document the
environmental conditions on the project site for a variety of factors outlined below,
(3) determine the level of impact to onsite environmental resources, if any, and (4) make
the CEQA mandated findings.
As stated above, it currently appears likely that there will be no environmental impacts
that cannot be mitigated to a "less than significant" level, and that an MND would thus be
the appropriate type of CEQA document. If potentially significant environmental impacts
are identified in the IS, CONSULTANT will consult with the City regarding the
preparation of an EIR. The MND will be prepared in accordance with CEQA guidelines
and requirements.
The following provides a brief discussion of the work to be undertaken for each of the
key areas in the Draft IS/MND:
Introduction/Proiect Descriotion/General Environmental Settine: The project description
will be based on information provided by the Applicant and City, and will include the
proposed project location and setting, site characteristics, project objectives, and the
characteristics of the proposed project, including technical studies done describing
impact areas determined to be less than significant. This section will also include the
requested permits and approvals. Transmittal of all entitlement documentation to
CONSULTANT in a timely manner is crucial to meeting established environmental
document preparation and processing schedules.
This section will also provide an overview of the environmental and jurisdictional
setting for the proposed project. An analysis of the environmental characteristics and
surrounding land uses will be presented, along with a discussion of the past, present,
and reasonably foreseeable future projects and activities in the surrounding areas that
will serve as the basis for the cumulative impact analysis.
Environmental Imoact Analvsis: For each question asked in the IS checklist, the
IS/MND will include a discussion of the environmental setting, significance thresholds,
project impacts, mitigation measures, cumulative impacts, and the level of significance
after mitigation. The assessment of impacts will be consistent with CEQA requirements
and will utilize defined thresholds of significance to determine the impacts of the
proposed reclamation plan.
It is assumed that, where applicable, most of the environmental issue areas will be
discussed based upon information from a technical study provided by the Applicant.
CONSULTANT will review all of the technical reports provided (up to five assumed for
cost purposes) for CEQA adequacy. This review will include confirmation that there is
adequate discussion of existing conditions, impacts, significance of impacts and
mitigation. Conclusions must be substantiated by data. If any of the information is
missing or conclusions do not appear to be substantiated, CONSULTANT will notify the
City that the report will require modification to provide an adequate level of analysis.
3
Agenda Item No. 14
Page 8 of 18
Where possible, the IS/MND will use the existing City General Plan, General Plan EIR
(1990) and Supplemental E1R (1994, for updates to Circulation and Housing). The
following is an overview of the approach to the key environmental issues:
Aesthetics and Visual Resources - Existing onsite and surrounding area viewsheds
will be photographed and described in this section. CONSULTANT will analyze the
photographs to determine if any significantly altered viewsheds will occur with
reclamation and identify any mitigation measures needed to reduce any impacts from
reclamation to less than significant.
Agricultural Resources - CONSULTANT will review the General Plan and
California Department of Conservation (CDC) Division of Land Resource Protection
(DLRP) agriculture maps to determine the presence of agricultural resources on the
proposed project site. If applicable, mitigation measures will be developed to
reduce impacts to less than significant.
Air Quality - CONSULTANT will incorporate the findings of the air quality report
provided by the Applicant into the IS/MND for the operations of the site. The existing
air basin will be described and county, state and federally mandated significance
thresholds will be documented. Project related emissions during reclamation will be
documented for the reclaimed end use. Mitigation measures will be proposed in
response to conclusions of significant project impacts.
Biological Resources - CONSULTANT will incorporate the biological resources report
as provided by the Applicant into the Draft IS/MND. The IS/MND will include a
discussion of existing onsite biological resources, including threatened and
endangered species, sensitive habitat, and state and federal regulatory agency
resources. The potential impacts to biological resources as a result of the proposed
project will be documented. Mitigation measures will be proposed in response to
conclusions of significant project impacts.
Cultural Resources - CONSULTANT will incorporate the findings of the cultural
resources report prepared under Task 2 into the IS/MND. Project related impacts to
historical, archaeological, and paleontological resources will be evaluated and
mitigation measures developed, if required. Potential project-related impacts to cultural
resources will be evaluated and mitigation measures developed, if required.
Geology and Soils / Hazards / Mineral Resources - Onsite soils and geotechnical
conditions will be evaluated in a geotechnical feasibility investigation and any related
hazards will be documented. Features to be documented include unstable soils/slopes,
historical landslides, earthquake faults, seismic safety zones, and onsite soil types.
Soils and geologic features will be graphically depicted, if applicable. Project-related
impacts to geotechnical resources will be evaluated and mitigation measures
developed, if required.
Hazardous Materials - Project-related impacts to hazardous materials will be evaluated
and mitigation measures developed, if required.
Hydrology/Water Quality - Onsite hydrologic conditions will be summarized to the extent
possible, using existing data in the City General Plan. The following features: evaluation
of 1 DO-year flood plains, dam inundation areas, existing Qso runoff volumes, post
development hydrology conditions, and any required mitigation measures will be
4
Agenda Item No. 14
Page 9 of 18
doc~mented. Water quality information will include Best Management Practices, Best
AvaIlable Technology, and Best Conventional Technology.
Land Use - Existing onsite and surrounding land uses, as well as proposed General
Plan and zoning designations, will be documented. Potential inconsistencies with
existing and future general plan and zoning designations will be documented and any
necessary mitigation measures will be formulated. Compatibility with adjacent land uses
will also be evaluated.
Noise -- CONSULTANT will incorporate the findings of the noise report provided by the
Applicant on the operations of the site. This section of the MND will document the relevant
General Plan documents related to the acoustical environment and City Noise
Standards. The analysis will include a discussion of the vicinity and the proposed
project site. County, state and federal mandated significance thresholds will be
documented. Project related noise generation will be documented. Mitigation measures
will be developed to mitigate any significant adverse impacts to less than significant
levels.
Population/Housing - Impacts to population and housing will be described using the
General Plan documents, however a reclamation plan would likely not have any impacts
for this issue.
Public SeNices and Utilities - Project-related impacts to each public service and utility
will be documented and appropriate mitigation measures developed to reduce impact to
less than significant levels; however a reclamation plan would likely not have any
impacts for this issue.
Transportation/Traffic - CONSULTANT will incorporate findings from a traffic report
(prepared by Applicant-retained consultant) that will document existing traffic and
circulation conditions in the vicinity of the proposed project and project-related
traffic/circulation impacts. The IS/MND will address City concerns regarding substandard
traffic and circulation conditions. If necessary, mitigation measures will be proposed to
reduce traffic impacts to less than significant levels.
Persons and Organizations Consulted/References - CONSULTANT will prepare this
section of the IS/MND to document all persons and sources that contributed to the
environmental analysis.
Note: Should any revisions of any of the above technical studies be necessary in order
to comply with CEQA, these revisions will be made at the expense of the technical
consultant or the Applicant. Revised copies will be provided to CONSULTANT and City
as required.
Screencheck Initial Study/ MNO- Submittal to City for Review
CONSULTANT will submit three copies of the Draft IS/MND for City and Applicant
review. Following City review of the Draft IS/MND, CONSULTANT will finalize the
IS/MND and incorporate necessary changes. CONSULTANT assumes that changes will
be minimal due to early consultation with the City and previous review of technical
reports by CONSULTANT and City personnel. CONSULTANT assumes that 50 copies
of the Draft IS/MND will be provided for distribution. CONSULTANT will prepare the
IS/MND for public circulation and review, and will assist the City in transmitting the
required copies to the State Clearinghouse CONSULTANT will also prepare/distribute
5
Agenda Item No. 14
Page 1 0 of 18
the Notice of Intent to Adopt (NOI) containing a discussion of the project description and
CEQA requirements.
Task 4 - Response to Comments
Under this task CONSULTANT will review and address all comments received on the
Draft IS/MND. For the purposes of this proposal, CONSULTANT has assumed 20 hours
of staff time to respond to comments. In the event that the public comments on the
IS/MND are greater than expected, CONSULTANT would meet with the City to develop
adjustments to the work program as necessary.
Response to Comments/ Final 15/ MND- Submittal to City
CONSULTANT will submit three administrative drafts including response to comments of
the Final IS/MND for City and Applicant review. Upon approval, 24 final copies will be
submitted to the City for Planning Commission and City Council meetings.
Task 5 - Mitigation Monitoring and Reporting Program
Preparation
Should mitigation measures be proposed, CONSULTANT will prepare a Mitigation
Monitoring and Reporting Program (MMRP) and matrix in table format for submittal to
the City and Applicant after comments have been received at the close of the public
review period. The MMRP will contain a compilation of mitigation measures identified in
the MND. These mitigation measures and the established MMRP will be fully consistent
with City policies and programs and will meet the requirements of Section 21081.6(a) of
the Public Resources Code.
Task 6 - Finalize IS/MND and MMRP per PC and CC
Amendments and Conditions
CONSULTANT will finalize all CEQA documents including the Initial Study/Mitigated
Negative Declaration and MMRP per amendments and revisions from the Planning
Commission and City Council hearings and planning staff.
6
Agenda Item No. 14
Page 11 of 18
Schedule
CONSULTANT understands that time is of the essence and the CEOA environmental
documents will be prepared in an efficient manner. The following schedule depicts the
IS/MND preparation and review process schedule and includes the major project CEOA
milestones:
TASK TASK DESCRIPTION DURATION MILESTONES
1 Kick-off Meeting; Data Assembly; and Develop Project 2 weeks Weeks 1 - 2
Description a
2 Conduct Cultural Resources Records Check a 3 weeks Weeks 1 - 3
Review Technical Studies; Prepare Initial Study jMND a 4 weeks Weeks 1 - 4
3 City Review; Incorporate City Comments; Finalize b 2 weeks Weeks 5 - 6
Circulate for Public Review (30 days) with NOI 5 weeks Weeks 7 - 11
4 Respond to Comments; City Review b; Finalize ISjMND 3 weeks Weeks 12 - 14
and Circulate as Required
5 Prepare Mitigation Monitoring and Reporting Program 1 week Week 13
as part of Final MND
Final Public Notification; Planning Commission; City Est. 8 weeks Weeks 15 - 22
-- Council b
6 Finalize ISjMND and MMRP per PC and CC amendments 1 week Week 23
a Tasks 1, 2, and 3 will be completed concurrently. Tasks 4 and 5 will be completed concurrently.
b This review period is an estimate, dependent on City schedule.
7
Agenda Item No. 14
Page 12 of 18
Cost Estimate
The following cost estimate (Table 1) has been prepared to outline costs to complete the
above scope of work tasks. The total cost of $25,470.00 is a Not-To-Exceed amount.
Document reproduction is an estimate only and a detailed estimate will be obtained prior
to document production. Costs are based upon the CONSULTANT standard hourly rate
sheet (Attachment A).
Should the need arise for additional professional services beyond those set forth in the
scope of services due to revisions to the project, the regulatory environment,
requirements exceeding our specified budget allowances, CONSULTANT will only
undertake such additional services upon receipt of authorization by the City of Lake
Elsinore.
8
Agenda Item No. 14
Page 13 of 18
AUTHORIZATION
By signing below, the City of Lake Elsinore and Lilburn Corporation agree to the
Scope of Work, Cost Estimate, and Terms and Conditions attached hereto
(Attachment B).
Lilburn Corporation
By:
Name: Martin Derus
Title: Vice President
Address: 1905 Business Center Dr.
San Bernardino. CA 92408
Attest:
Vivian Munson, City Clerk
City of Lake Elsinore
City of Lake Elsinore
By:
Name: Robert A. Bradv
Title: City Manaaer
Address: 130 South Main Street
Lake Elsinore. CA 92530
Approved as to Form:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
9
Agenda Item No. 14
Page 15 of 18
ATTACHMENT A
LILBURN CORPORATION
1905 Business Center Drive
San Bernardino, California 92408
STANDARD SCHEDULE OF CHARGES
(Effective January 1, 2008)
PROFESSIONAL SERVICES
HOURLY RATE
Principal ..................................................................................................................... .$190
Senior Program Manager ........................... ................. .......... .......... ......... ..... ........... ......$165
Program Manager. .... ...................... .......... ................. ............... .............. ......... ....... ....... .$150
Senior Proj ect Manager................................................................................................. .$140
Proj ect Manager............................................................................................................ .$130
Senior Analyst/Planner ................................................................................................. .$120
Environmental Analyst/Planner N ................... ..... ....... ........................ ............ ....... ......$1 05
Environmental Analyst/Planner ill .... ..... ..... .......... ........................... ............ ...................$95
Environmental Analyst/Planner ll...;............................................................................... .$85
Environmental Analyst/Planner I.................................................................................... .$70
Senior Biologist............................................................................................................ .$11 0
Senior Designer............................................................................................................... .$95
CAD Operator ... .................... ...................... ................................... ........... ..... ... ....... .......$70
Word Processor/Office Administrator............................................................................ .$75
Office Technician............................................................................................................ .$70
Student Intern.................................................................................................................. .$5 5
Expert witness testimony billed two times normal billing rates with a two hour minimum, plus
expenses
EXPENSES AT COST:
Specialty Equipment and Rentals
Delivery Services
Printing (Blueprints, Photo Services, Color Copies, Specialty Supplies)
OTHER DIRECT COSTS
Auto Mileage....................................................................................................... $0.55 mile
Agency PermitsIF ees................................................................................................. At Cost
Consultants and Subcontractors..............................................................Cost Plus 12 - 15%
Agenda Item No. 14
Page 16 of 18
ATTACHMENT B
Contract Terms
WHEREAS, the City of Lake Elsinore ("Client") finds it advisable to obtain the assistance of
Lilburn Corporation ("Lilburn") to provide certain professional services more fully described in
the Scope of Services, for purposes of assisting Client.
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein, and for valuable consideration, it is understood between the parties as follows:
a. Client agrees to pay Lilburn as full compensation for the performance of the
Services the amounts determined in accordance with the Scope of Work and as may be mutually
amended by Client and Lilburn. Client shall, within thirty (30) days following receipt of each
invoice submitted by Lilburn, make payment to Lilburn of the amounts due pursuant to that
invoice. Amounts not paid within 60 days of mailing of the invoice to Client shall bear interest at
a rate of 12% per year, until paid in full.
b. The parties mutually agree that the total amount of the compensation to be paid
for Services shall not exceed the cost estimate set forth herein unless otherwise amended.
Lilburn shall not proceed with further services until it provides Client with an estimate of any
additional charges necessary to complete such services and Client provides written authorization
for such additional charges.
c. Lilburn shall, at its discretion, have the right to suspend work, until full payment
on services, if the Client has any monthly invoice more than 60 days past due.
This Agreement shall commence on the date written above and shall continue until the
earliest of the following:
d. The date on which Lilburn notifies Client in writing that it has completed all of
the services required hereunder;
e. Five (5) working days after written notice by either party of substantial failure by
the other party to fulfill its obligations under this Agreement in a timely manner through no fault
of the terminating party; or
f. Unless completed or extended, this contract will terminate automatically three (3)
years from the date of execution.
g. Lilbum shall employ, supervise, direct and control all persons necessary for the
performance of the services. Lilburn shall have the right to engage such subcontractor as Lilburn
deems necessary to perform the Services.
Agenda Item No. 14.Page 17 of 18
h. Lilburn shall perform the Services to be furnished by it hereunder in accordance
with customarily accepted good professional practices. No other warranty, express or implied, is
included in this Agreement. Lilburn shall not be precluded from rendering similar services to any
other person or entity.
i. Lilburn shall commence the performance of its services under this Agreement as
of the date of execution hereof and shall diligently proceed in accordance with the project
schedule, subject to delays for causes beyond the reasonable control ofLilburn, including but not
limited to changes in the design of the Project, the failure of Client to perform its obligations in a
timely fashion, and/or inaction of government agencies.
2
Agenda Item No. 14
Page 18 of 18
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT
WITH HDR, INC. TO PREPARE CEQA COMPLIANCE DOCUMENTS
FOR THE PROJECT KNOWN AS "LAKE ELSINORE ASSOCIATION II"
Backaround
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
impacts of development projects proposed within the City. The Community
Development Department is responsible for the preparation of the necessary
information and, depending on the scope and size of the project, will either prepare the
environmental documents in-house or have a consultant prepare the documents and
studies. The cost of preparing the environmental analysis is paid for by the project
applicant through the application fee process and cost recovery system.
Discussion
The project proposes residential, industrial, and showroom industrial uses on
approximately 24 acres, located along Collier Avenue, Baker Street, and SR-74.
Pursuant to the California Environmental Quality Act (CEQA), a determination on the
appropriate type of CEQA document will be made by Staff upon completion of an Initial
Study (IS) and supporting technical studies. However, based upon the size of the
project, and the anticipated level of impact significance, the scope prepared by the
consultant estimates the costs associated with preparation of an Environmental Impact
Report (EIR). At the Applicant's request, HDR has also included costs for mitigation
implementation and compliance.
The proposed cost for HDR, Inc. to prepare the IS and EIR as well as complete the
CEQA process for the Lake Elsinore Association II is not to exceed $149,200.
Agenda Item No. 15
Page 1 of 18
HDR Contract for Lake Elsinore Association II
June 24, 2008
Page 2 of 2
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the
applicant through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
Recommendation
Authorize the City Manager to enter into a contract with HDR, Inc. in an amount not to
exceed $149,200.
Prepared by:
Tom Weiner~
Planning Manager
Robert A. BradY\1~
City Manager - ~
Approved by:
Attachments
Agenda Item No. 15
Page 2 of 18
LAKE ELSINORE ASSOCIATION II
Agenda Item No. 15
Page 3 of 18
June 5, 2008
Mr. Tom Weiner
City of Lake Elsinore
Community Development Department
Planning Division
130 South Main Street
Lake Elsinore, CA 92530
RE: Proposal for Preparation of California Environmental Quality Act
(CEQA) Compliance Documentation Services -
Lake Elsinore Association II Project (Lake Elsinore)
Dear Mr. Weiner:
Selecting HDR to prepare environmental documentation for the Lake Elsinore
Association II Project will provide the City of Lake Elsinore with a legally
defensible document that addresses all issues in an objective, fair manner. HDR will
provide the City with the following benefits:
· A team that is very experienced with City of Lake Elsinore procedures and
policies, thereby allowing us to anticipate your needs and follow City
procedures without extensive effort and training on your part.
· A team that is familiar with the project vicinity and area community groups,
facilitating comprehensive, accurate analysis.
· Experienced staff that will get it done right the first time!
Melyssa Sheeran will serve as Project Manager for this assignment and will be
responsible for leading the project team, as well as providing oversight for
preparation and delivery of work products. She is a responsive, results-oriented
project manager who will serve as the day-to-day contact with the City to ensure
smooth processing of the environmental documentation.
Lloyd Zola will serve as Principal-in-Charge providing QAlQC for HDR work
products and leading overall project strategy. Lloyd has over 30 years of experience
in all phases of environmental documentation and planning.
The HDR CEQA documentation team has completed numerous successful
residential, commercial, and industrial projects within the City including: Fairway
Business Park MND, Spyglass Ranch Specific Plan EIR, Village of Porto Romano
Specific Plan EIR, Waterbury (East Lake Specific Plan Amendment No.8) and the
Tessera Condominiums. We possess knowledge of City procedures and processes,
as well as knowledge of the project area, therefore resulting in a faster
HDR Engineering, Inc.
8690 Balboa Avenue
Suite 200
San Diego, CA 92123
858-712-8400
858-712-8333 (fax)
Agenda Item No. 15
Page 4 of 18
Mr. Tom Weiner
June 5, 2008
Page Two
environmental review process for the City. Both Lloyd and Melyssa will be
available for project meetings and public hearings.
Please review the attached scope of work/fee proposal, and contact Melyssa Sheeran
at 858-712-8349 if you have any questions or require further information or
clarification. HDR is prepared to begin work immediately on the CEQA
documentation effort upon receipt of notice to proceed from the City of Lake
Elsinore.
Sincerely,
HDR ENGINEERING, INC.
~
~~.J~
Lloyd Zola
Vice President
Melyssa Sheeran
Environmental Project Manager
Attachments: Scope of Work / Cost Proposal
Hourly Rate Schedule
General Terms and Conditions
HDR Engineering, Inc.
Agenda Item No. 15
Page 5 of 18
Scope of Work
June 5, 2008
Environmental Documentation for the Lake Elsinore
Association II Project
Southwest Land Consultants
City of Lake Elsinore, California
This scope of work is for preparation and processing of an Initial Study (IS) and Environmental Impact
Report (EIR). This scope has been developed based upon information provided by the City of Lake
Elsinore (City) and Southwest Land Consultants (Applicant).
Project Understanding
The Applicant has submitted a request to the City Planning Division, for approval to construct residential,
industrial, and showroom industrial uses on approximately 70 acres in the City of Lake Elsinore.
For cost estimate purposes, it is assumed the following documentation and supporting information will be
prepared on behalf of the Applicant under separate contract, and provided to HDR for review and use in
preparing the environmental documentation (as appropriate, need hardcopy and electronic files for each):
. Project Description
. Identification of all Discretionary Actions requested of the City and all Discretionary Actions that
will be required to fully implement the project, i.e., Tentative Map, and Planned Development
. Site Plan and Related Design Information, including description of any off-site infrastructure
needs (.shp files, if possible; if not, then AutoCAD)
. Air Quality Technical Report (RK Engineering)
. Biological Resources Technical Report (Teracor Biology)
. Cultural and Paleontological Resources Report (Jean Keller)
. Geology Report
. HydrologylDrainage Report (Jehn Engineering)
. Noise Report (Dr. Howard Chang)
. Phase I Environmental Site Assessment
. Traffic Impact Assessment Report (RK Engineering)
. Water Quality Management Plan (Jehn Engineering)
. Water Supply Assessment
ID~
1
~~cjOOirn No. 15
Page 6 of 18
Task 1 - Project Initiation/Coordination and Attendance at
Meetings
All project initiation and coordination activities, including attendance at meetings, will be undertaken
under this task. This task includes an allowance for up to 140 hours of staff time for coordination efforts
related to the proposed project. This task includes the following:
. Coordination with the City and Applicant to gather all necessary data and information;
. Development of appropriate level of detail and format for the document;
. Coordination with project consultants and subconsultants;
. Identification of additional data needs;!
. Attendance of Project Manager at one (1) kick-off meeting and four (4) project coordination
meetings;
. Bi-weekly conference calls with project team to review project status and outstanding items; and
. Attendance of Project Manager and Program Director at one (1) Planning Commission meeting,
and one (1) City Council hearing.
HDR will attend any additional meetings beyond this allowance, if requested, and will invoice in
accordance with current fee schedules, following receipt of written authorization to proceed.
Task 2 - Preparation of Initial Study and Notice of
Preparation
2.1 Initial Study
HDR will prepare an Initial Study (IS) pursuant to Section 15060-15065 of the CEQA Guidelines and
City of Lake Elsinore CEQA implementing procedures and requirements. Based upon information
provided by the Applicant and the City, HDR will perform an internal Quality Assurance/Quality Control
(QAlQC) review of the IS and then finalize the IS. This will involve a determination that all necessary
information has been provided in the IS and that the document is appropriate for public review.
Preparation of the IS will be based on existing available public information (e.g., General Plan, General
Plan EIR), and technical studies prepared by the Applicant's consultants. The IS will: (1) describe the
proposed project and any related off-site infrastructure improvements; (2) document environmental
conditions on the project site for each of the factors contained in the checklist; (3) determine the level of
potential impacts to on-site and surrounding environmental resources, if any; and (4) make the CEQA
mandated findings.
HDR will submit a Screencheck IS to the City and, if desired by the City, Applicant for review.
Following review of the Screencheck IS, HDR will prepare the IS and make revisions as appropriate.
! Although not anticipated, HDR is aware that changed site conditions or regulations occasionally result in the need
to amend the contract scope and costs. HDR would coordinate any additional needs with both the City and Applicant
for approval.
fi)~
2
~~Qn No. 15
Page 7 of 18
Task 2.2
Notice of Preparation
HDR will prepare a Notice of Preparation (NOP) for a Draft EIR (DEIR) for public review to accompany
the IS. Following City review of the IS/NOP, HDR will finalize the IS/NOP and incorporate necessary
changes. HDR assumes that changes will be minimal, due to early consultation with the City and previous
review of technical reports by HDR and City personnel. HDR assumes that 75 copies of the IS/NOP will
be required for distribution. HDR will prepare the IS/NOP for public circulation and review, and transmit
the required copies to the State Clearinghouse and agencies on the City's distribution list. HDR will also
prepare the NOC for transmittal to the State Clearinghouse. The IS/NOP will be circulated for a 30-day
public/agency review to solicit comments regarding the scope of the DEIR. All NOP response issues
received during the public review period will be evaluated in the DEIR.
Deliverables:
. Screencheck IS (3 hard copies, 1 electronic copy)
. IS/NOP (75 hard copies, 1 electronic copy)
· NOC for IS/NOP (1 electronic copy)
Task 3 - Preparation of Environmental Impact Report
If the City concludes that, based on the IS, the project would potentially result in significant and
unmitigated impacts, HDR will prepare an Environmental Impact Report (EIR).
Task 3.1
Draft Environmental Impact Report
The DEIR will be prepared in accordance with Sections 15080-15097 ofthe CEQA Guidelines and will
include all CEQA- and City-required sections. Environmental analysis will cover the proposed
development on the project site. Each environmental factor identified in the IS as needed to be addressed
in the EIR will be evaluated for existing conditions, project impacts, level of significance of project and
cumulative impacts, mitigation measures, and level of significance with mitigation measures
incorporated.
The following provides a brief discussion of the work to be undertaken for each of the key sections in the
DEIR (unless impacts were concluded to be less than significant in the IS):
Section 1.0 - Introduction and Executive Summary: The introduction will include information
regarding the purpose of the DEIR and procedural information. This section is also intended to provide a
quick understanding of the proposed project's predicted impacts and mitigation measures. It will identify,
in an overview fashion, the proposed project under consideration and its objectives, including any design
features that will be implemented. This section will briefly discuss the environmental impacts associated
with project implementation (whether beneficial or adverse, significant or less than significant).
Section 2.0 - Project Description: The project description will include the proposed project location and
setting, site characteristics, project objectives, and the characteristics of the project. This section will also
include the permits, entitlements, and approvals needed for the project, including those being requested at
this time and the future permit, entitlements, and approval needed for project implementation.
Section 3.0 - Regional Environmental Setting: This section will provide an overview of the
environmental and jurisdictional setting for the proposed project. An analysis of the major environmental
characteristics and surrounding land uses will be presented, along with a discussion of the past, present,
and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the
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basis for the cumulative impact analysis. This regional environmental setting will constitute the general
baseline of physical conditions by which the City determines an impact to be significant.
Section 4.0 - Environmental Impact Analysis: For each potentially significant issue identified in the
IS/NOP, this section of the EIR will include a discussion of the project-specific environmental setting,
significance thresholds, project impacts, mitigation measures, cumulative impacts, and the level of
significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and
will utilize defined thresholds of significance to determine the impacts of the proposed project. It is
assumed that the majority of the environmental issue areas will be discussed based upon information from
a technical study provided by the Applicant. HDR will review these technical reports for consistency with
the project description and review conclusions for incorporation into the EIR. If any inconsistencies are
identified, HDR will inform the City and the applicant. Only those issues identified as being significant in
the IS will be included in the EIR. The following is an overview of the approach to the key environmental
issues that might need to be addressed in an EIR for the project:
Aesthetics - If the IS determines aesthetics to be significant, HDR will prepare an EIR section
which analyzes the project's impacts on scenic resources and vistas. Additionally, this section of
the EIR will address the visual character of the project site and surroundings as well as
lighting/glare issues. Any significantly altered view sheds will be described and mitigation
measures developed to reduce any impacts to less than significant. This scope of work does not
assume the preparation of visual simulations for the aesthetics analysis. If the City determines that
visual simulations are needed, HDR can prepare them under a separate scope of work.
Air Quality - HDR will review the air quality report prepared by the Applicant's consultant to
check for consistency with the project description and review conclusions for incorporation into the
EIR. If the IS determines air quality to be significant, HDR will incorporate the findings of the air
quality technical report. The section will describe the existing air basin county, state, and federal
mandated significance thresholds will be documented. Project-related emissions (construction,
operation, and special event) will be documented for each proposed land use and results of the
carbon monoxide hot spot analysis run by the Applicant's consultant. Mitigation measures will be
proposed in response to conclusions of potentially significant project impacts. In addition, the air
quality report will include a quantitative analysis of the project's generation of green house gas
emissions. HDR will incorporate this information into the EIR and address the project's
contribution to global climate change.
Biological Resources - HDR will review the biological technical report prepared by the
Applicant's consultant to check for consistency with the project description and review conclusions
for incorporation into the EIR. If the IS determines biological resources to be significant, HDR will
incorporate the findings of the biological technical report into the DEIR, which will include a
discussion of existing on-site biological resources, including threatened and endangered species,
sensitive habitat, and state and federal regulatory agency resources. The project's consistency with
the Western Riverside County Multiple Species Habitat Conservation Plan will also be discussed.
The potential impacts to biological resources as a result of the project will be documented.
Mitigation measures will be proposed in response to conclusions of significant project impacts, if
applicable.
Cultural Resources and Paleontological Resources - HDR will review the cultural resources study
and paleontological resources record search prepared by the Applicant's consultant to check for
consistency with the project description and review conclusions for incorporation into the EIR. The
DEIR will include a summary of the records searches and field reconnaissance conclusions. The
DEIR will identify project-related impacts to cultural and paleontological resources and mitigation
measures will be developed, if required. If the project includes a General Plan Amendment, HDR
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will assist the City with initiating Senate Bill 18 Native American Tribal consultation, by
contacting the Native American Heritage Commission to retrieve a list of Tribes, preparing letters
to the Tribes on behalf of the City, mailing the letters, and tracking responses.
Geology and Soils - HDR will review the geotechnical report prepared by the Applicant's
consultant to check for consistency with the project description and review conclusions for
incorporation into the EIR. Features to be documented include unstable soils/slopes, historical
landslides, earthquake faults and seismic safety zones, and on-site soil types. Soils and geologic
features will be graphically depicted. Project-related impacts to geotechnical resources will be
evaluated and mitigation measures included, if required.
Hazardous Materials - HDR will review the Phase I cultural resources study and paleontological
resources record search prepared by the Applicant's consultant to check for consistency with the
project description and review conclusions for incorporation into the EIR. HDR will incorporate
the findings of the Phase 1 ESA, into this section of the EIR. Analysis will include review of
historical aerial photographs, county records and a site analysis. Mitigation measures will be
included for any identified contaminated areas.
Hydrology/Water Quality - HDR will review the findings of the Hydrology Report and Water
Quality Management Plan prepared by the Applicant's consultant to check for consistency with the
project description and review conclusions for incorporation into the EIR. Based on the Hydrology
report, the EIR will analyze the following: on-site hydrologic conditions, evaluation of 100 year
flood plains, dam inundation areas, existing runoff volumes, post development hydrology
conditions, and any required mitigation measures. Depending on the extent of information, this
section may be split into separate sections for Hydrology and Water Quality. Water quality
information will include Best Management Practices, Best Available Technology, and Best
Conventional Technology.
Land Use -If the IS determines land use impacts to be potentially significant, existing on-site and
surrounding land uses, as well as General Plan (GP) and zoning designations, will be documented.
Consistency with the applicable goals, policies, and implementing strategies of the existing GP and
proposed GP Update will be analyzed. If applicable, mitigation measures will be identified to
reduce impacts to below a level of significance.
Noise - HDR will review the noise study prepared by the Applicant's consultant to check for
consistency with the project description and review conclusions for incorporation into the EIR. The
noise analysis will address the acoustical environment on and surrounding the proposed project
site, and mandated significance thresholds will be documented. Project-related noise generation
will be documented and graphically depicted. Mitigation measures will be included to mitigate any
potentially significant adverse impacts to less than significant levels.
Public Services and Utilities - Existing public services and facilities that would serve the project
will be documented, including water, wastewater treatment, solid waste, recycling, electricity,
natural gas, education, police protection, fire protection, recreation, and library services. Project-
related impacts to each public service and utility will be documented, and appropriate mitigation
measures will be included to reduce impact to less than significant levels.
Transportation/I'raffic - HDR will review the traffic study prepared by the Applicant's consultant
to check for consistency with the project description and review conclusions for incorporation into
the EIR. The DEIR section will document existing traffic and circulation conditions in the vicinity
ofthe proposed project and project-related traffic/circulation impacts (construction and operation).
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If applicable, feasible mitigation measures will be included to reduce potentially significant traffic
impacts.
Section 5.0 - Project Alternatives: Alternatives will be established in discussions among HDR, the
City, and the Applicant early in the process. For the purposes of this proposal, three alternatives will be
considered in this section of the DEIR, including, the No Project/No Development Alternative. For each
alternative, a description of the alternative, consideration of the alternative's feasibility in relation to the
proposed project's basic objectives, and a comparative analysis of the environmental impacts attributable
to the alternative versus those associated with the proposed project for each of the environmental
categories discussed above will be provided. Consideration of any further alternatives, which may be
required, will require modifications to the project budget.
Section 6.0 - Environmental Effects Found Not to be Significant: This section will provide an
overview of the environmental issue areas that were determined to be less than significant during the IS
process.
Section 7.0 - Growth-Inducing Impacts: HDR will prepare this CEQA-required analysis section, which
will disclose any impacts of the project that would induce growth in the area.
Section 8.0 - Inventory of Unavoidable Adverse Impacts: HDR will prepare this CEQA-required
analysis section, which will disclose significant and unmitigated impacts that may result from the project,
if any.
Section 9.0 - Significant Irreversible Changes: HDR will prepare this CEQA-required analysis section,
which will disclose any significant irreversible environmental change that may result from the project.
Section 10.0 - Persons and Organizations ConsultedlReferences: HDR will prepare this section of the
EIR to document all persons and sources that contributed to the environmental analysis.
Screencheck and Draft EIR
HDR will submit up to six copies of the Screencheck DEIR for City and, if desired by the City, Applicant
review. Following review of the Screencheck DEIR, HDR will prepare the DEIR that incorporates final
changes as approved by the City. HDR assumes that changes will be minimal due to early consultation
with the City and Applicant, and previous approval of technical reports by City personnel. Should
additional copies of the screencheck be requested, a supplemental cost estimate will be prepared. HDR
assumes that 75 copies (hardcopy) of the DEIR and technical appendices (on CD) will be provided for
distribution. HDR will prepare the Notice of Completion to be distributed along with public circulation of
the DEIR and will assist in transmitting the required copies to the State Clearinghouse and reviewing
agencies. HDR will distribute up to 75 copies of the document via a trackable method (e.g., FedEx, UPS,
or Golden State Overnight).
Task 3.2
Response to Comments/Final EIR/CEQA Findings
At the conclusion of the public review period, HDR will obtain all comments received on the DEIR from
the City. Mter consultation with the City, HDR will prepare the Screencheck Final EIR (FEIR). It will
contain proposed responses to comments and revisions to the DEIR identified from review comments
once all comments are received. Because it is difficult to predict the level of public comment on the EIR,
for the purposes of this proposal, a contingency estimate is provided. HDR has assumed up to 40 hours of
staff time to respond to comments. In the event that the public comments on the DEIR are greater than
expected, HDR would consult with the City to develop adjustments to the work program as necessary.
Revisions to the text will be addressed in a "Corrections and Additions" section of the FEIR. Up to six
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copies of the Screencheck FEIR will be submitted to the City and, if desired by the City, Applicant for
review.
Upon incorporation of one round of comments on the Screencheck FEIR, HDR will prepare the FEIR and
CEQA Findings for submittal to the City. If the project results in significant and unmitigated impacts,
HDR will also prepare a Statement of Overriding Considerations. The FEIR and Findings will be
presented at the City Planning Commission and the City Council meetings. Responses to Comments will
be distributed to responders at least 10 days prior to City Council approval. HDR will submit 24 copies
each of these final documents to the City.
Task 3.3-A Mitigation Monitoring and Reporting Program Preparation
HDR will prepare a draft MMRP for submittal with the FEIR. The MMRP compiles mitigation measures
presented in the EIR. These mitigation measures and the established MMRP will be fully consistent with
City policies and programs and will meet the requirements of Section 21081.6(a) ofthe California Public
Resources Code. The draft MMRP will be revised and finalized based upon one round of City comments.
HDR will submit 24 copies of the MMRP to the City.
Task 3.3-8 Mitigation Implementation Coordination
In this era of increased scrutiny and litigation on CEQA projects, it has become even more important to
ensure mitigation measures are tracked and implemented after project approval. Under Task 3.3-A of this
proposal, HDR has included a task for preparation of an MMRP pursuant to CEQA Guidelines Section
15097. This task expands upon Task 3.3-A by providing additional mitigation compliance and
coordination support to the City and Applicant.
Under this task, HDR will create, manage, and implement a mitigation tracking tool ("Mitigation
Tracker") to facilitate the City and Applicant with tracking and monitoring policy goals and mitigation
measures outlined in the EIR. The Mitigation Tracker is a customized web-based database that tracks in
an organized fashion a variety of different measures by milestone, issue area (i.e., air quality),
department, (i.e., planning), and status (i.e., measure completed). Additionally, the Mitigation Tracker
would store information (i.e., monitoring reports, policy updates, and changes in conditions) regarding
policies and mitigation and would provide the City with the ability to prepare status reports.
This task includes the following activities:
. Meeting with City staff to identify specific needs;
. Development of the Mitigation Tracker;
. Data entry of all the relevant policies and mitigation measures; and
. 80 hours of on-going maintenance and support for the database.
Deliverables:
. Screencheck DEIR (6 hard copies, 1 electronic copy)
. DEIR (75 hard copies with technical appendices on CD, 1 electronic copy)
. Screencheck FEIR including Response to Comments (6 hard copies, 1 electronic copy)
. FEIR including Response to Comments (24 hard copies, 1 electronic copy)
. CEQA Findings (24 hard copies, 1 electronic copy)
. Draft MMRP (3 hard copies, 1 electronic copy)
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. Final MMRP (24 hard copies, 1 electronic copy)
. Mitigation Tracker Database
Schedule
HDR understands that time is of the essence and the CEQA environmental documents will be prepared in
an efficient manner. The following schedule depicts the EIR preparation and review process schedule and
includes the major project CEQA milestones:
TASK DURATION
1 Project Initiation/Coordination and Attendance at Meetings Ongoing
2 Preparation of Initial Study and Notice of Preparation 13 weeks
Prepare Screencheck Draft IS and NOP 3 weeks a
HDR Internal ONOC Process 1 week
City/Applicant Review 2 weeks b
Incorporate City/Applicant edits on IS and NOP 1 week
City/Applicant Review and Final Preparation 1 week b
Finalize/Print/Distribute IS/NOP 1 week
IS/NOP Public Review Period 4 weeks
3 Preparation of Environmental Impact Report 25 weeks
Prepare Screencheck DEIR 6 weeks a
City/Applicant Review 3 weeks b
Incorporate Edits and Prepare DEIR for Distribution 2 weeks
City/Applicant Review 1 week b
Finalize/Print/Distribute DEIR 1 week
DEIR Public Review Period 6 weeks
Prepare Screencheck FEIR, Response to Comments, MMRP 3 weeks
City/Applicant Review 1 week
Incorporate Edits and Prepare Final Documents for Public
Hearing 2 weeks
TOTAL 38 weeks
· Assumes all technical reports have been provided by the Applicant and approved by the City.
b This review period is an estimate, dependent on City schedule.
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Cost Estimate
Reimbursable expenses, including traveVcomputer, technology charges, etc. will be invoiced in
accordance with HDR standard rate schedule. Document reproduction is an estimate only and a detailed
estimate will be obtained prior to document production. Costs are based upon the HDR standard hourly
rate sheet (Attachment A). The costs are broken down by task according to each option below.
TASK COST
1 Project Initiation/Coordination and Attendance at Meetings
Task 1 Subtotal $16,750
2 Preparation of Initial Study and Notice of Preparation
2.1 Initial Study $9,500
2.2 Notice of Preparation $1,000
Task 2 Subtotal $10,500
4 Preparation of Environmental Impact Report
3.1 Draft Environmental Impact Report $70,000
3.2 Response to Comments/FEIR/CEQA Findings $13,000
3.3-A Mitigation Monitoring and Reporting Program Preparation $1,800
3.3-8 Mitigation Implementation Coordination $24,7501
Task 3 Subtotal $109,550
Document Reproductlon/Relmbursables2
Printing $8,200
Mailing $3,200
Travel $1000
R/R Subtotal $12,400
Total (Tasks 1, 2, and 3) $149,200
,. , . .
The Cost for development and maintenance of HDR s basic MitigatIOn Tracker option would be $24,750. Depending on
the City's specific needs, the cost for developing the Mitigation Tracker may vary. HDR would meet with the City to adjust
the work program accordingly.
2 Document printing costs can be eliminated if the Applicant prefers to use a direct bill reproduction account
Should the need arise for additional professional services beyond those set forth in the scope of services
due to revisions to the project, the regulatory environment, or requirements exceeding our specified
budget allowances, HDR will only undertake such additional services upon receipt of authorization by the
City of Lake Elsinore.
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AUTHORIZATION
By signing below, the City of Lake Elsinore and HDR Engineering, Inc. agree to the Scope of Work, Cost
Estimate, and Terms and Conditions attached hereto (Attachment B).
HDR Engineering, Inc.
City of Lake Elsinore
Betty Dehoney
Vice President
8690 Balboa Ave.. #200
San Diego. CA 92123
By:
Name:
Title:
Address:
By:
Name:
Title:
Address:
Robert A. Brady
City Manager
130 South Main Street
Lake Elsinore. CA 92530
Attest:
Approved as to Form:
Vivian Munson, City Clerk
City of Lake Elsinore
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
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lilt I
ONE COMPANY
Many Solutions'M
Attachment A
HDR ENGINEERING, INC.
Southern California Operations
2008 SCHEDULE OF CHARGES FOR PROFESSIONAL SERVICES
LABOR
Engineers
Senior Company Officer
Senior Principal Engineer
Senior Engineer Section Manager
Senior Project Manager
Senior Engineer
Project Manager
Task Manager
Project Engineer
Associate Engineer
Staff Engineer
Junior Engineer
Engineering Intern
Architects
Arch. Senior Project Manager
Arch. Project Manager
Specification Writer
Project ArchitecVSenior Designer
Project Designer
Assistant Project Designer
Architectural Intern
Scientists and Environmental Planners
Program Manager
Section Manager
Environ. Senior Project Manager
Environ. Project Manager
Senior ScientisVPlanner
Project ScientisVPlanner
Associate ScientisVPlanner
Staff ScientisVPlanner/Field Monitor
Junior ScientisVPlanner/Field Monitor
Environ. Intern
Technicians
Senior Technician
Project Technician
Staff Technician
GIS
$280
$260
$250
$225
$200
$175
$150
$125
$110
$100
$ 90
$ 60
OTHER DIRECT COSTS
In-House Exoenses
. Vehicle Mileage (per mile) $0.505
(subject to change to reflect IRS Mileage Reimbursement Rate)
. Photocopies (per copy) $0.10
. Plotting (per square foot)
Mylar
Vellum
Color
Blueline
$3.00
$1.00
$2.00
$1.00
$175
$150
$125
$125
$200
$100
$ 60
Outside Exoenses - Reimbursed At Cost + 15%
. Contract Services - sUbconsultants, typing services,
printing, etc.
. Miscellaneous Supplies - equipment rental, project-
specific supplies, etc.
. Task Order-Related Travel Expenses - lodging,
airfare, meals, car rentals, etc.
. Mailing - postage, courier, overnight delivery, etc.
. Communication - long distance telephone, fax, etc.
$250
$220
$190
$175
$150
$125
$110
$100
. $ 90
$ 60
$120
$110
$ 80
GIS Manager $170
GIS Operator $120
GIS Staff Operator $110
Administrative Personnel
Contracts Manager $120
Project Coordinator $100
Document Production Specialist $ 95
Clerk $ 55
E&RM-Schedule of Fees-A-2008
01l2.O08
Agenda Item NO. 15
Page 16 of 18
Attachment B
HDR Engineering, Inc.
Terms and Conditions for Professional Services
1. STANDARD OF PERFORMANCE
The standard of care for all professional engineering, consulting and
related services performed or furnished by ENGINEER and its
employees under this Agreement will be the care and skill ordinarily
used by members of ENGINEER's profession practicing under the
same or similar circumstances at the same time and in the same
locality. ENGINEER makes no warranties, express or implied, under
this Agreement or otherwise, in connection with ENGINEER's
services.
2. INSURANCE
ENGINEER agrees to procure and maintain, at its expense, Workers'
Compensation insurance as required by statute; Employer's Liability of
$250,000; Automobile Liability insurance of $1,000,000 combined
single limit for bodily injury and property damage covering all vehicles,
including hired vehicles, owned and non-owned vehicles; Commercial
General Liability insurance of $1,000,000 combined single limit for
personal injury and property damage; and Professional Liability
insurance of $1,000,000 per claim for protection against claims
arising out of the performance of services under this Agreement
caused by negligent acts, errors, or omissions for which ENGINEER
is legally liable. Upon request, OWNER shall be made an additional
insured on Commercial General and Automobile Liability insurance
policies and certificates of insurance will be furnished to the OWNER.
ENGINEER agrees to indemnify OWNER for the claims covered by
ENGINEER's insurance.
3. OPINIONS OF PROBABLE COST (COST ESTIMATES)
Any opinions of probable project cost or probable construction cost
provided by ENGINEER are made on the basis of information available
to ENGINEER and on the basis of ENGINEER's experience and
qualifications, and represents its judgment as an experienced and
qualified professional engineer. However, since ENGINEER has no
control over the cost of labor, materials, equipment or services
furnished by others, or over the contractor(s'} methods of determining
prices, or over competitive bidding or market conditions, ENGINEER
does not guarantee that proposals, bids or actual project or
construction cost will not vary from opinions of probable cost
ENGINEER prepares.
4. CONSTRUCTION PROCEDURES
ENGINEER's observation or monitoring portions of the work performed
under construction contracts shall not relieve the contractor from its
responsibility for performing work in accordance with applicable
contract documents. ENGINEER shall not control or have charge of,
and shall not be responsible for, construction means, methods,
techniques, sequences, procedures of construction, health or safety
programs or precautions connected with the work and shall not
manage, supervise, control or have charge of construction.
ENGINEER shall not be responsible for the acts or omissions of the
contractor or other parties on the project. ENGINEER shall be entitled
to review all construction contract documents and to require that no
provisions extend the duties or liabilities of ENGINEER beyond those
set forth in this Agreement. OWNER agrees to include ENGINEER as
an indemnified party in OWNER's construction contracts for the work
which shall protect ENGINEER to the same degree as OWNER. '
Further, OWNER agrees that ENGINEER shall be listed as an
additional insured under the construction contractor's liability insurance
policies.
5. CONTROLLING LAW
This Agreement is to be governed by the law of the state where
ENGINEER's services are performed.
6. SERVICES AND INFORMATION
OWNER will provide all criteria and information pertaining to OWNER's
requirements for the project, including design objectives and
constraints, space, capacity and performance requirements, flexibility
and expandability, and any budgetary limitations. OWNER will also
provide copies of any OWNER-furnished Standard Details, Standard
Specifications, or Standard Bidding Documents which are to be
incorporated into the project.
OWNER will furnish the services of soils/geotechnical engineers or
other consultants that include reports and appropriate professional
recommendations when such services are deemed necessary by
ENGINEER. The OWNER agrees to bear full responsibility for the
technical accuracy and content of OWNER-furnished documents and
services.
In performing professional engineering and related services hereunder
it is understood by OWNER that ENGINEER is not engaged in '
rendering any type of legal, insurance or accounting services, opinions
or advice. Further, it is the OWNER's sole responsibility to obtain the
advice of an attorney, insurance counselor or accountant to protect the
OWNER's legal and financial interests. To that end, the OWNER
agrees that OWNER or the OWNER's representative will examine all
studies, reports, sketches, drawings, specifications, proposals and
other documents, opinions or advice prepared or provided by
ENGINEER, and will obtain the advice of an attorney, insurance
counselor or other consultant as the OWNER deems necessary to
protect the OWNER's interests before OWNER takes action or
forebears to take action based upon or relying upon the services
provided by ENGINEER.
7. SUCCESSORS AND ASSIGNS
OWNER and ENGINEER, respectively, bind themselves, their
partners, successors, assigns, and legal representatives to the
covenants of this Agreement. Neither OWNER nor ENGINEER will
assign, sublet, or transfer any interest in this Agreement or claims
arising therefrom without the written consent of the other.
8. RE-USE OF DOCUMENTS
All documents, including all reports, drawings, specifications, computer
so~are or other items prepared or furnished by ENGINEER pursuant
to thiS Agreement, are instruments of service with respect to the
project. ENGINEER retains ownership of all such documents.
OWNER may retain copies of the documents for its information and
reference in connection with the project; however, none of the
documents are intended or represented to be suitable for reuse by
OWNER or others on extensions of the project or on any other project.
Any reuse without written verification or adaptation by ENGINEER for
the specific purpose intended will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, and OWNER will defend
indemnify and hold harmless ENGINEER from all claims, damag~s,
losses and expenses, including attorney's fees, arising or resulting
therefrom. Any such verification or adaptation will entitle ENGINEER to
further compensation at rates to be agreed upon by OWNER and
ENGINEER.
9. TERMINATION OF AGREEMENT
OWNER ~r ENGINEER may terminate the Agreement, in whole or in
part, by giving seven (7) days written notice, if the other party
substantially fails to fulfill its obligations under the Agreement through
no fault of the terminating party. Where the method of payment is
"lump sum," or cost reimbursement, the final invoice will include all
services and expenses associated with the project up to the effective
date of termination. An equitable adjustment shall also be made to
provide for termination settlement costs ENGINEER incurs as a result
of commitments that had become firm before termination, and for a
reasonable profit for services performed.
10. SEVERABILITY
If any provision of this agreement is held invalid or unenforceable, the
remaining provisions shall be valid and binding upon the parties. One
or more waivers by either party of any provision, term or condition shall
not be construed by the other party as a waiver of any subsequent
breach of the same provision, term or condition.
(1~~~~da Item No. 15
Page 17 of 18
Attachment B
law or regulation. the appropriate governmental officials, and
ENGINEER may, at its option and without liability for delay,
consequential or any other damages to OWNER, suspend
performance of services on that portion of the project affected by
hazardous materials until OWNER: (i) retains appropriate specialist
consultant(s} or contractor(s} to identify and, as appropriate, abate,
remediate, or remove the hazardous materials; and (ii) warrants that
the project site is in full compliance with all applicable laws and
regulations. OWNER acknowledges that ENGINEER is performing
professional services for OWNER and that ENGINEER is not and
shall not be required to become an "arranger," "operator,"
"generator," or "transporter" of hazardous materials, as defined in
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1990 (CERCLA), which are or may be encountered at
or near the project site in connection with ENGINEER's services
under this Agreement. If ENGINEER's services hereunder cannot
be performed because of the existence of hazardous materials,
ENGINEER shall be entitled to terminate this Agreement for cause
on 30 days written notice. To the fullest extent permitted by law,
OWNER shall indemnify and hold harmless ENGINEER, its officers,
directors, partners, employees, and subconsultants from and
against all costs, losses, and damages (including but not limited to
all fees and charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other dispute resolution
costs) caused by, arising out of or resulting from hazardous
materials, provided that (i) any such cost, loss, or damage is
attributable to bodily injury, sickness, disease, or death, or injury to
or destruction of tangible property (other than completed Work),
including the loss of use resulting therefrom, and (ii) nothing in this
paragraph shall obligate OWNER to indemnify any individual or
entity from and against the consequences of that individual's or
entity's sole negligence or willful misconduct.
11. INVOICES
ENGINEER will submit monthly invoices for services rendered and
OWNER will make prompt payments in response to ENGINEER's
invoices.
ENGINEER will retain receipts for reimbursable expenses in general
accordance with Internal Revenue Service rules pertaining to the
support of expenditures for income tax purposes. Receipts will be
available for inspection by OWNER's auditors upon request.
If OWNER disputes any items in ENGINEER's invoice for any reason,
including the lack of supporting documentation, OWNER may
temporarily delete the disputed item and pay the remaining amount of
the invoice. OWNER will promptly notify ENGINEER of the dispute
and request clarification and/or correction. After any dispute has been
settled, ENGINEER will include the disputed item on a subsequent,
regularly scheduled invoice, or on a special invoice for the disputed
item only.
OWNER recognizes that late payment of invoices results in extra
expenses for ENGINEER. ENGINEER retains the right to assess
OWNER interest at the rate of one percent (1 %) per month, but not to
exceed the maximum rate allowed by law, on invoices which are not
paid within thirty (30) days from the date of the invoice. .In the event
undisputed portions of ENGINEER's invoices are not paid when due,
ENGINEER also reserves the right, after seven (7) days prior written
notice, to suspend the performance of its services under this
Agreement until all past due amounts have been paid in full.
12. CHANGES
The parties agree that no change or modification to this Agreement, or
any attachments hereto, shall have any force or effect unless the
change is reduced to writing, dated. and made part of this Agreement.
The execution of the change shall be authorized and signed in the
same manner as this Agreement. Adjustments in the period of
services and in compensation shall be in accordance with applicable
paragraphs and sections of this Agreement. Any proposed fees by
ENGINEER are estimates to perform the services required to
complete the project as ENGINEER understands it to be defined. For
those projects involving conceptual or process development services,
activities often are not fully definable in the initial planning. In any
event, as the project progresses, the facts developed may dictate a
change in the services to be performed, which may alter the scope.
ENGINEER will inform OWNER of such situations so that changes in
scope and adjustments to the time of performance and compensation
can be made as required. If such change, additional services, or
suspension of services results in an increase or decrease in the cost
of or time required for performance of the services, an equitable
adjustment shall be made, and the Agreement modified accordingly.
13. CONTROLLING AGREEMENT
These Terms and Conditions shall take precedence over any
inconsistent or contradictory provisions contained in any proposal,
contract, purchase order, requisition, notice-ta-proceed, or like
document.
14. EQUAL EMPLOYMENT AND NONDISCRIMINATION
In connection with the services under this Agreement, ENGINEER
agrees to comply with the applicable provisions of federal and state
Equal Employment Opportunity, and other employment. statutes and
regulations.
15. HAZARDOUS MATERIALS
OWNER represents to ENGINEER that, to the best of its
knowledge, no hazardous materials are present at the project site.
However, in the event hazardous materials are known to be present,
OWNER represents that to the best of its knowledge it has
disclosed to ENGINEER the existence of all such hazardous
materials, including but not limited to asbestos, PCB's, petroleum,
hazardous waste, or radioactive material located at or near the
project site, including type, quantity and location of such hazardous
materials. It is acknowledged by both parties that ENGINEER's
scope of services do not include services related in any way to
hazardous materials. In the event ENGINEER or any other party
encounters undisclosed hazardous materials, ENGINEER shall
have the obligation to notify OWNER and, to the extent required by
Terms & Conditions for Professional Services 2
16. EXECUTION
This Agreement, including the exhibits and schedules made part
hereof, constitute the entire Agreement between ENGINEER and
OWNER, supersedes and controls over all prior written or oral
understandings. This Agreement may be amended, supplemented or
modified only by a written instrument duly executed by the parties.
17. LIMITATION OF LIABILITY
ENGINEER's and its employees' total liability to OWNER for any loss
or damage, including but not limited to special and consequential
damages arising out of or in connection with the performance of
services or any other cause, including ENGINEER's and its
employees' professional negligent acts, errors, or omissions, shall not
exceed the greater of $50,000 or the total compensation received by
ENGINEER hereunder, except as otherwise provided under this
Agreement, and OWNER hereby releases and holds harmless
ENGINEER and its employees from any liability above such amount.
18. LmGATION SUPPORT
In the event ENGINEER is required to respond to a subpoena,
government inquiry or other legal process related to the services in
connection with a legal or dispute resolution proceeding to which
ENGINEER is not a party, OWNER shall reimburse ENGINEER for
reasonable costs in responding and compensate ENGINEER at its
then standard rates for reasonable time incurred in gathering
information and documents and attending depositions, hearings, and
trial.
19. UTILITY LOCATION
If underground samplingltesting is to be performed, a local utility
locating service shall be contacted to make arrangements for all
utilities to determine the location of underground utilities. In addition,
OWNER shall notify ENGINEER of the presence and location of any
underground utilities located on the OWNER's property which are not
the responsibility of private/public utilities. ENGINEER shall take
reasonable precautions to avoid damaging underground utilities that
are properly marked. The OWNER agrees to waive any claim against
ENGINEER and will indemnify and hold ENGINEER harmless from
any claim of liability, injury or loss caused by or allegedly caused by
ENGINEER's damaging of underground utilities that are not properly
marked or are not called to ENGINEER's attention prior to beginning
the underground samplingltesting.
(1 Q/2006)
Agenda Item No. 15
Page 18 of 18
CITY OF .~
LAIZB ,5,LSifiORJ:
~~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: CONTRACT WITH DAVID HOGAN TO PREPARE CEQA COMPLIANCE
DOCUMENTS FOR THE PROJECT KNOWN AS "COLLIER AVENUE
AUTO CENTER"
Backaround
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
impacts of development projects proposed within the City. The Community Development
Department is responsible for the preparation of the necessary information and,
depending on the scope and size of the project, will either prepare the environmental
documents in-house or have a consultant prepare the documents and studies. The cost of
preparing the environmental analysis is paid for by the project applicant through the
application fee process and cost recovery system.
Discussion
The project proposes six (6) light industrial buildings on approximately 7.5 acres, located
at the corner of Collier Avenue and Riverside Drive. Pursuant to the California
Environmental Quality Act (CEQA), a determination on the appropriate type of CEQA
document will be made by Staff upon completion of an Initial Study (IS) and supporting
technical studies. However, based upon the size of the project, and the anticipated level of
impact significance, the scope prepared by the consultant estimates the costs associated
with preparation of a Mitigated Negative Declaration (MND).
The proposed cost for Dave Hogan to prepare the IS and MND as well as complete other
tasks required during the CEQA process is not to exceed $20,480.
Agenda Item No. 16
Page 1 of 8
David Hogan Contract For Collier Auto Center
June 24, 2008
Page 2 of 2
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the
applicant through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
Recommendation
Authorize the City Manager to enter into a contract with David Hogan in an amount not to
exceed $20,480.
Prepared by:
Tom Weine~
Planning Manager
Robert A. Brady~ rf7
City Manager .~
Approved by:
Attachments
Agenda Item No. 16
Page 2 of 8
COLLIER AUTO CENTER
APN'S: 389-220-003, 004, 005 & 006
Agenda Item No. 16
Page 3 of 8
DAVID HOGAN, AICP
PLANNING AND ENVIRONMENTAL CONSULTING
40595 WINDSOR ROAD
TEMECULA, CA 92591
(951)-587-5692 FAX: (951 )-308- 1392
May 29,2008
Ms. Wendy Worthey, Principal Environmental Planner
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
SUBJECT: Collier Avenue Auto Center
Dear Ms. Worthey:
Per your request, the City of Lake Elsinore has requested a proposal to assist the City of Lake
Elsinore in conducting CEQA review and document preparation for the construction and operation of
an automotive services center located on the eastside of Collier Avenue north of the intersection
with Riverside Drive. The site is also known as APNs 389-220-003 through -006.
You also indicated that if the Initial Study, supported by technical studies, provides evidence that all
potential impacts can be mitigated to less than significant levels, preparation of a Mitigated Negative
Declaration (MND) would be appropriate. Should the Initial Study provide evidence that one or more
impacts are unable to avoided or mitigated, preparation of an Environmental Impact Report (EIR)
would be appropriate. For the purposes of this proposal, and until the technical evidence proves
otherwise, the efforts outlined in this proposal will be estimates based upon preparation of a MND.
This proposal outlines the work effort that will be necessary to provide sufficient environmental
consulting support to achieve the goal of complying with the California Environmental Quality Act
(CEQA) for this project. The following tasks discussed below ultimately result in the preparation of
an Initial Study and possible MND for the proposed project:
Task 1: Prepare a project description.
Consultant will compile all relevant data regarding concerning the project and evaluate any
additional information or study needs that are necessary to complete the other tasks in this proposal.
The fee for this task will be $1,120.
Task 2. Prepare Draft Initial Study document.
Utilizing the project description, Consultant will prepare a detailed Initial Study that will forecast the
potential impacts of the project, including site specific environmental resource issues and determine
the appropriate CEQA documentation that will need to be developed. The fee for preparing an Initial
Study for a Mitigated Negative Declaration is $7,560.00. If an EIR should be required, an additional
scope and contract will be necessary. It is anticipated that Task 3 will include one (1) screencheck
review of the Draft Initial Study and MND by the City Principal Environmental Planner.
Collier Auto Center (May. 2008)
Agenda Item No. 16
Page 4 of 8
Certain technical studies may be required for this project, and the applicant will need to provide
certain data for the Initial Study. Below is a list of the technical studies that may be required. Any
additional studies required will be provided by the project applicant. In addition, Consultant will need
the Site Plan, as well as any other applicable plans (Le., site plan, grading plan, landscape plan,
etc.) for the completion of this task along with all required special studies (as needed).
1. General Biological Study;
2. MSHCP Consistency Analysis;
3. Cultural Resources Report;
4. Hydrology Study;
5. Water Quality Management Plan;
6. Phase 1 Environmental Site Assessment;
7. Traffic/Circulation Study;
8. Noise Study; and,
9. Soils/Geotechnical.
Task 3: Prepare a Response to Comments received on the Draft Initial Study.
Based upon the comments received from the public agencies and individuals, Consultant will
prepare a formal response. The response will provide a technically supportable response based
upon the technical studies, draft initial study, and project characteristics. If requested by the City, a
written response will be provided to any public agencies with potentially substantive comments or
concerns. It is anticipated that Task 3 will include one (1) screencheck reviews of the Response to
Comments by the City Principal Environmental Planner. The fee for this task will be $1,960.
Task 4: Prepare the Final Initial Study and the Mitigation Monitoring Program
Based upon the comments received on the Draft Initial Study and direction from the City, Consultant
will prepare the Final Initial Study and Mitigation Monitoring Program Consultant. The Final Initial
Study document will be prepared in a Redline/Strike-Out format to identify any changes that may
have been made in response to the public comments on the Draft Initial Study. It is anticipated that
Task 4 will include one (1) screencheck review of the Final Initial Study and Mitigation Monitoring
Program by the City Principal Environmental Planner. The fee for this task will be $1,960.
Task 5: Assist the City to process the recommended CEQA determination, including document
production and distribution.
Working with the City and applicant, Consultant will undertake the public circulation of the Initial
Study for the proposed project to the agencies identified by the City; prepare the Notice of
Determination, attend any hearings for the proposed project before the City; and distribute the Draft,
Final, and Certified Initial Study documents as well as the Mitigation Monitoring Program documents
as needed. Total budget for completing the Initial Study, including printing and shipping costs are
inherently open ended, and unlike the previous tasks which I can perform on a fixed fee basis, must
be performed on a time and materials basis with a not-to-exceed fee of $6,200.
Task 6: Prepare the Air Quality Study.
Utilizing the most recent version of the Urbemis computer model, Consultant will complete the
required air quality analysis for incorporation into the Initial Study based upon the construction phase
information provided by the applicant. The fee for this task will be $1,680.
Collier Auto Center (May, 2008)
Agenda Item No. 16
Page 5 of 8
The end result of implementing the above proposal will be the completion of the CEQA process for
the proposed project. All work will be performed in a timely manner to meet identified City
schedules. The total estimated fee to complete the tasks outlined in this proposal is $20,480. The
task totals are provided below.
Task 1 - Prepare Project Description
Task 2 - Prepare Draft Initial Study
Task 3 - Prepare Response to Comments
Task 4 - Prepare Final Initial Study/Mitigation Monitoring Program
Task 5 - CEQA Processing and reimbursable expenses
Task 6 - Prepare Air Quality Study
PROJECT TOTAL
$ 1,120
$ 7,560
$ 1,960
$ 1 ,960
$ 6,200
$ 1,680
$20,480
If this proposal and the conditions in Attachment A are acceptable to you, Consultant is ready to
initiate this work effort immediately upon authorization. This work effort will be scheduled closely
with the City's goals for implementing the proposed review of the project. Should you have any
questions regarding this proposal, please feel fee to give me a call.
Sincerely,
David Hogan, AICP
Collier Auto Center (May, 2008)
Agenda Item No. 16
Page 6 of 8
ATTACHMENT A
1. Consultant shall not have any liability for the accuracy of any information furnished to the
Applicant by other consultants or individuals referred to the Applicant by the Consultant.
2. Additional meetings, beyond those described in the scope of work, will be billed on a time
and materials basis.
3. The Agreement for Consulting Services shall terminate when the City determines that the
tasks described herein are complete.
4. Either party may terminate the Agreement for Consulting Services upon fifteen (15) calendar
day's written notice to the other party of this Agreement.
Agenda Item No. 16
Page 7 of 8
AUTHORIZATION
By signing below, the City of Lake Elsinore and David Hogan, AICP agree to the Scope of Work,
Cost Estimate, and Terms and Conditions attached hereto (Attachment A).
David Hogan Consulting
City of Lake Elsinore
David Hogan
Consultant
40595 Windsor Road
Temecula. CA 92591
By:
Name: Robert A. Bradv
Title: Citv Manager
Address: 130 South Main Street
Lake Elsinore. CA 92530
By:
Name:
Title:
Address:
Attest:
Approved as to Form:
Vivian Munson, City Clerk
City of Lake Elsinore
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
Agenda Item No. 16
Page 8 of 8
CITY OF ~
LAKE ~6/LSiI'ioRt
~ DREAM EXtREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: CONTRACT WITH DAVID HOGAN TO PREPARE CEQA COMPLIANCE
DOCUMENTS FOR THE PROJECT KNOWN AS "LAKE STREET
MARKETPLACE"
Backaround
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
impacts of development projects proposed within the City. The Community Development
Department is responsible for the preparation of the necessary information and,
depending on the scope and size of the project, will either prepare the environmental
documents in-house or have a consultant prepare the documents and studies. The cost of
preparing the environmental analysis is paid for by the project applicant through the
application fee process and cost recovery system.
Discussion
The project proposes four pads for commercial development, including a Fresh and Easy
tenant, located at the corner of Lake Street and Mountain Street. The net development will
be approximately four acres; however, the project requires a substantial amount of off-site
grading that is part of the overall project, grossing approximately seven acres. Pursuant to
the California Environmental Quality Act (CEQA), a determination on the appropriate type
of CEOA document will be made by Staff upon completion of an Initial Study (IS) and
supporting technical studies. However, based upon the size of the project, and the
anticipated level of impact significance, the scope prepared by the consultant estimates
the costs associated with preparation of a Mitigated Negative Declaration (MND).
The proposed cost for Dave Hogan to prepare the IS and MND as well as complete other
tasks required during the CEQA process is not to exceed $22,460.
Agenda Item No. 17
Page 1 of 8
David Hogan Contract For Lake Street Marketplace
June 24, 2008
Page 2 of 2
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the
applicant through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
Recommendation
Authorize the City Manager to enter into a contract with David Hogan in an amount not to
exceed $22,460.
Prepared by:
Tom Weiner~
Planning Manager
Robert A. Brad.ll~
City Manager yygw
Approved by:
Attachments
Agenda Item No. 17
Page 2 of 8
LAKE STREET MARKET PLACE
APN: 389-030-014 THOUGH 018
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Agenda Item No. 17
Page 3 of 8
DAVID HOGAN, AICP
PLANNING AND ENVIRONMENTAL CONSULTING
40595 WINDSOR ROAD
TEMECULA, CA 92591
(951 )..587..5692 FAX: (951 )..30& 1392
June 10, 2008
Ms. Wendy Worthey, Principal Environmental Planner
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
SUBJECT: Proposal for Lake Street Marketplace
Dear Ms. Worthey:
Per your request, the City of Lake Elsinore has requested a proposal to assist the City of Lake
Elsinore in conducting CEQA review and document preparation for the construction and operation of
a commercial/retail development proposed by Marinita Development Company. The proposed
project site is located on a 4-acre site at the corner of Mountain and Lake Streets known as APNs
389-030-014 through 018 and may include additional offsite areas.
You also indicated that if the Initial Study, supported by technical studies, provides evidence that all
potential impacts can be mitigated to less than significant levels, preparation of a Mitigated Negative
Declaration (MND) would be appropriate. Should the Initial Study provide evidence that one or more
impacts are unable to avoided or mitigated, preparation of an Environmental Impact Report (EIR)
would be appropriate. For the purposes of this proposal, and until the technical evidence proves
otherwise, the efforts outlined in this proposal will be estimates based upon preparation of a MND.
This proposal outlines the work effort that will be necessary to provide sufficient environmental
consulting support to achieve the goal of complying with the California Environmental Quality Act
(CEQA) for this project. The following tasks discussed below ultimately result in the preparation of
an Initial Study and possible MND for the proposed project:
Task 1: Prepare a project description for the project.
Consultant will compile all relevant data regarding concerning the project and evaluate any
additional information or study needs that are necessary to complete the other tasks in this proposal.
The fee for this task will be $1,400.
Task 2: Prepare an Initial Study in conformance with the State CEQA Guidelines that will allow the
City to make an independent decision regarding appropriate environmental document for the project.
Utilizing the project description, Consultant will prepare a detailed Initial Study that will forecast the
potential impacts of the project, including site specific environmental resource issues and determine
the appropriate CEQA documentation that will need to be developed. The fee for preparing an Initial
Study for a Mitigated Negative Declaration is $10,600.00. If an EIR should be required, an
additional scope and contract will be necessary. It is anticipated that Task 3 will include one (1)
screencheck review of the Draft Initial Study and MND by the City Principal Environmental Planner.
Agenda Item No. 17
Page 4 of 8
Certain technical studies may be required for this project, and the applicant will need to provide
certain data for the Initial Study. Below is a list of the technical studies that may be required. Any
additional studies required will be provided by the project applicant. In addition, Consultant will need
the Site Plan, as well as any other applicable plans (Le., grading plan, landscape plan, etc.) for the
completion of this task along with all required special studies (as needed).
1. Air Quality;
2. General Biological Study;
3. MSHCP Consistency Analysis;
4. MSHCP Clearance documents;
5. Cultural Resources Report;
6. Hydrology Study;
7. Water Quality Management Plan;
8. Traffic/Circulation Study;
9. Noise Study; and,
10. Soils/Geotechnical.
Task 3: Prepare a response to any comments on the Draft Initial Study.
Based upon the comments received from the public agencies and individuals, Consultant will
prepare a formal response. The response will provide a technically supportable response based
upon the technical studies, draft initial study, and project characteristics. If requested by the City, a
written response will be provided to any public agencies with potentially substantive comments or
concerns. It is anticipated that Task 4 will include two (2) screencheck reviews of the Response to
Comments by the City Principal Environmental Planner. The fee for this task will be $2,100.
Task 4: Prepare the Final Initial Study and the Mitigation Monitoring Program
Based upon the comments received on the Draft Initial Study and direction from the City, Consultant
will prepare the Final Initial Study and Mitigation Monitoring Program Consultant. The Final Initial
Study document will be prepared in a Redline/Strike-Out format to identify any changes that may
have been made in response to the public comments on the Draft Initial Study. It is anticipated that
Task 5 will include one (1) screencheck review of the Final Initial Study and Mitigation Monitoring
Program by the City Principal Environmental Planner. The fee for this task will be $2,160.
Task 5: Assist the City to process the recommended CEQA determination, including document
production and distribution.
Working with the City and applicant, Consultant will undertake the public circulation of the Initial
Study for the proposed project to the agencies identified by the City; prepare the Notice of
Determination, attend any hearings for the proposed project before the City; and distribute the Draft
and Final Initial Study documents, and Mitigation Monitoring Program documents as needed. Total
budget for completing the Initial Study, including printing and shipping costs are inherently open
ended, and unlike the previous tasks which I can perform on a fixed fee basis, must be performed
on a time and materials basis with a not-to-exceed fee of $6,200.
The end result of implementing the above proposal will be the completion of the CEQA process for
the proposed project. All work will be performed in a timely manner to meet identified City
schedules.
Agenda Item No. 17
Page 5 of 8
The total estimated fee to complete the tasks outlined in this proposal is $22,460. The task totals
are provided below.
Task 1 - Project Description
Task 2 - Prepared Draft Initial Study
Task 3 - Prepare Response to Comments
Task 4 - Final MND and Mitigation Monitoring Program
Task 5 (includes reimbursable expenses and mileage costs)
TOTAL
$1 ,400
$10,600
$ 2,100
$ 2,160
$ 6,200
$22,460
If this proposal and the conditions in Attachment A are acceptable to you, Consultant is ready to
initiate this work effort immediately upon authorization. This work effort will be scheduled closely
with the City's goals for implementing the proposed review of the project. Should you have any
questions regarding this proposal, please feel fee to give me a call.
Sincerely,
Qjj~
r
David Hogan, AICP
Agenda Item No. 17
Page 6 of 8
AUTHORIZATION
By signing below, the City of Lake Elsinore and David Hogan, AICP agree to the Scope of Work,
Cost Estimate, and Terms and Conditions attached hereto (Attachment A).
David Hogan Consulting
City of Lake Elsinore
David Hogan
Consultant
40595 Windsor Road
Temecula. CA 92591
By:
Name: Robert A. Bradv
Title: City Manager
Address: 130 South Main Street
Lake Elsinore. CA 92530
By:
Name:
Title:
Address:
Attest:
Approved as to Form:
Vivian Munson, City Clerk
City of Lake Elsinore
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
Agenda Item No. 17
Page 7 of 8
ATTACHMENT A
1. Consultant shall not have any liability for the accuracy of any information furnished to the
Applicant by other consultants or individuals referred to the Applicant by the Consultant.
2. Additional meetings, beyond those described in the scope of work, will be billed on a time
and materials basis.
3. The Agreement for Consulting Services shall terminate when the City determines that the
tasks described herein are complete.
4. Either party may terminate the Agreement for Consulting Services upon fifteen (15) calendar
day's written notice to the other party of this Agreement.
Agenda Item No. 17
Page 8 of 8
CITY OF ~
LAKE 6LSiNO~
\ I
~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: ANNUAL ADOPTION OF INVESTMENT POLICY
Backaround
Under Government Code Section 53646(a), the City's Investment Policy should be
reviewed and adopted by City Council annually.
Discussion
Upon reviewing the investment policy and comparing it to the current Government
Code, the City investment policy was determined to conform. The policy also has all
required elements as outlined in the Model Investment Policy of the Municipal
Treasurers' Association of the United States & Canada. No changes to the prior year
investment policy are being proposed.
Fiscal Impact
No fiscal impact.
Recommendation
Approve the City's investment policy.
Prepared by:
Matt N. Presse~
Director of Adniinis~ve Services
Robert A. Brady D~
City Manager ~
Approved by:
Agenda Item No. 18
Page 1 of 28
June 2008
CITY OF LAKE ELSINORE INVESTMENT POLICY
1) POLICY
In accordance with the City Council Policy of the City of Lake Elsinore and under
authority granted by the City Council, the City Treasurer's function and
responsibility for investing the unexpended cash in the City Treasury has been
designated to the City Manager.
The investment of the funds of the City of Lake Elsinore is directed to the goals of
safety, liquidity and yield. The authority governing investments for municipal
governments is set forth in the California Government Code (CDC), Sections
53601 through 53659.
The primary objective of the investment policy of the City of Lake Elsinore is
SAFETY OF PRINCIPAL. Investments shall be placed in those securities as
outlined by type and maturity sector in this document. Effective cash flow
management and resulting cash investment practices are recognized as
essential to good fiscal management and control. The City's portfolio shall be
designed and managed in a manner responsive to the public analysis and, as a
result the balance between the various investments and maturities may change
in order to give the City of Lake Elsinore the optimum combination of necessary
liquidity and optimal yield based on cash flow projections.
2) SCOPE
The investment policy applies to all financial assets of the City of Lake Elsinore
as accounted for in the Comprehensive Annual Financial Report (CAFR). Policy
statements outlined in this document focus on the City of Lake Elsinore's pooled
funds, but will also apply to all other funds under the City Manager's span of
control unless specifically exempted by statute or ordinance. This policy is
applicable, but not limited, to all funds listed below:
. General Fund
. Special Revenue Fund
. Debt Service Fund
· Capital Project Fund
. Enterprise Fund
Agenda Item No. 18
Page 2 of 28
CITY OF LAKE ELSINORE INVESTMENT POLICY
· Trust and Agency Funds
· Any new fund created by the City Council unless specifically
exempted.
Bond proceeds and reserve funds under the direct administration of a third party
trustee may have investments that may exceed the five-year policy period and
are intended to coincide with liquidity needs.
3) PRUDENCE
The standard to be used by investment officials shall be that of a "prudent
person" and shall be applied in the context of managing all aspects of the overall
portfolio. Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence, direction, and
intelligence exercise in the management of their own affairs, not for speculation,
but for investment, considering the probable safety of their capital as well as the
probable income to be derived.
It is the City's full intent, at the time of purchase, to hold all investments until
maturity to ensure the return of all invested principal dollars.
However, it is realized that market prices of securities will vary depending on
economic and interest rate conditions at any point in time. It is further
recognized, that in a well-diversified investment portfolio, occasional measured
losses are inevitable due to economic, bond market, or individual security credit
analysis. These occasional losses must be considered within the context of the
overall investment program objectives and the resultant long-term rate of return.
The City Manager and other individuals assigned to manage the investment
portfolio, acting within the intent and scope of the investment policy and other
written procedures, an individual security's credit risk or market price changes,
provided deviations from expectations are reported in a timely manner, and
appropriate action is taken to control adverse developments.
4) OBJECTIVES
As specified in CGC 53600.5, when investing, reinvesting, purchasing, acquiring,
exchanging, selling, and managing public funds, the primary objectives, in priority
order, of the investment activities shall be:
A) Safety of Principal
Safety of principal is the foremost objective of the City of Lake
Elsinore. Each investment transaction shall seek to ensure that capital
losses are avoided, whether form securities default, broker/dealer
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CITY OF LAKE ELSINORE INVESTMENT POLICY
default, or erosion of market value. The City shall seek to preserve
principal by mitigating the two types of risk, credit risk and market risk.
Credit Risk. defined as the risk of loss due to failure of the issuer of a
security, shall be mitigated by investing in investment-grade securities
and by diversifying the investment portfolio so that the failure of any
one issuer does not unduly harm the City's capital base and cash flow.
Market Risk, defined as market value fluctuations due to overall
changes in the general level of interest rates, shall be mitigated by
limiting the average maturity of the City's investment portfolio to two
years, the maximum maturity of anyone security to five years,
structuring the portfolio based on historic and current cash flow
analysis eliminating the need to sell securities prior to maturity, and
avoiding the purchase of long-term securities for the sole purpose of
short-term speculation.
B) Liquidity
Historical cash flow trends are compared to current cash flow
requirements on an ongoing basis in an effort to ensure that the City's
investment portfolio will remain sufficiently liquid to enable the City to
meet all reasonably anticipated operating requirements.
C) Yield
The investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and economic
cycles, taking into account the investment risk constraints and the cash
flow characteristics of the portfolio.
5) PERFORMANCE EVALUATION
Investment performance is continually monitored and evaluated by the Director of
Administrative Services. Investment performance statistics and activity reports
are generated on a monthly basis for presentation to the City Manager, City
Council and City Treasurer.
6) DELEGATION OF AUTHORITY
Daily management responsibility of the investment program has been delegated
to the Director of Administrative Services who shall establish procedures for the
operation consistent with this investment policy. Such procedures shall include
explicit delegation of authority to persons responsible for investment
transactions. No person may engage in an investment transaction except as
provided under the terms of this policy and the procedures established by the
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Director of Administrative Services. The Director of Administrative Services shall
be responsible for all transactions undertaken and shall establish a system of
controls to regulate the activities of subordinate officials. Under the provisions of
California Government Code 53600.3, the Director of Administrative Services is a
trustee and a fiduciary subject to the prudent investor standard.
7) INVESTMENT PROCEDURES
The Director of Administrative Services shall establish written investment
procedures and guidelines for the operation of the investment program consistent
with this policy. The procedures should include reference to: safekeeping, PSA
repurchase agreements, wire transfer agreements, banking service contracts and
collateral/depository agreements. Such procedures shall include explicit
delegation of authority to persons responsible for investment transactions. No
person may engage in an investment transaction except as provided under the
terms of the policy and the procedures established by the Director of
Administrative Services.
8) ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from
personal business activity that conflicts with proper executions of the investment
program, or impairs their ability to make impartial investment decisions.
Additionally, the city Officials are required to annually file applicable financial
disclosures as required by the Fair Political Practices Commission (FPPC).
9) SAFEKEEPING AND CUSTODY
To protect against fraud or embezzlement of losses caused by collapse of an
individual securities dealer, all securities owned by the City shall be held in
safekeeping by a third party bank / trust department.
All security transactions entered into by the City of Lake Elsinore shall be
conducted on delivery-versus-payment (DVP) basis. All securities purchased
or acquired shall be delivered to the City of Lake Elsinore by book entry, physical
delivery, or by third part custodial agreement as required by CGC 53601.
Securities held custody of the City shall be independently audited on an annual
basis to verify investment holdings.
All exceptions to this safekeeping policy must be approved by the City Manager
in written form and included in monthly reporting to the City Council.
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CITY OF LAKE ELSINORE INVESTMENT POLICY
1 0) DIVERSIFICATION
The City of Lake Elsinore will diversify its investments by security type and
institution. It is the policy of the City of Lake Elsinore to diversify its investment
portfolio. Assets shall be diversified to eliminate the risk of loss resulting from
over concentration of assets in a specific maturity, a specific issuer, or a specific
class of securities. Diversification strategies shall be determined and revised
periodically. In establishing specific diversification strategies, the following
general policies and constraints shall apply:
(a) Maturities selected shall provide for stability of income and liquidity.
(b) Disbursement and payroll dates shall be covered through maturity
investments, marketable U.S. treasury bills, or other cash
equivalent instruments such as money market mutual funds.
11) INTERNAL CONTROL
The investment portfolio and all related transactions are reviewed and balanced
to appropriate general ledger accounts by the Finance Staff on a monthly basis.
An independent analysis by an external auditor shall be conducted annually to
review internal control, account activity, and compliance with policies and
procedures and reported to City Council.
12) REPORTING
The City Director of Administrative Services shall review and render monthly
investment reports to the City Manager, City Council and City Treasurer. The
report shall include the face amount of the cash investment, the classification of
the investment, the name of the institution or entity, the rate of interest, the
maturity date, the current market value, and accrued interest due for all
securities. The report shall also detail all repurchase agreements and reverse
repurchase positions and associated liabilities.
The report will also include the source of the portfolio valuation. As specified in
CGC 53646 (e), if all funds are placed in LAIF, FDIC-insured accounts, and/or in
a county investment pool, the foregoing report elements may be replaced by
copies of the latest statements from such institutions. The report must also
include a certification that (1) all investment actions executed since the last report
have been made in full compliance with the investment policy, and (2) the City of
Lake Elsinore will meet its expenditure obligations for the next six months as
required by CGC 53646 (b) (2) and (3), respectively. The Director of
Administrative Services shall maintain a complete and timely record of all
investment transactions.
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CITY OF LAKE ELSINORE INVESTMENT POLICY
13) QUALIFIED BROKER DEALERS
The City shall transact business only with banks, saving and loans, and with
brokers/dealers. For brokers/dealers of government securities and other
investments, the standing with the California Department of Securities, the
Securities and Exchange Commission, the National Association of Securities
Dealers, or other applicable self-regulatory organizations.
Before engaging in investment transactions with a broker/dealer, the Director of
Administrative Services shall have received from said firm a signed certification
form. This form shall attest that the individual responsible for the City of Lake
Elsinore's account with that firm has reviewed the City of Lake Elsinore's
investment policy, and that the firm understands the policy and intends to present
investment recommendations and transactions to the City of Lake Elsinore that
are appropriate under the terms and conditions of the investment policy. In
addition, broker/dealers must supply the Director of Administrative Services the
following:
. Audited financial statements
. Proof of National Association of Security Dealers certification
. Proof of state registration
· Complete broker/dealer questionnaire
An annual review of the financial condition and registrations of qualified bidders
will be conducted by the Director of Administrative Services.
Exceptions will be made only upon written authorization of the City Council.
14) AUTHROIZED INVESTMENTS
Investment of City funds is governed by the California Government Code
sections 53601 et seq. The California Government Code allows the City to invest
in the following media:
· Securities of the U.S. Government, or its government sponsored agencies
· Small Business Administration loans
· Certificates of deposit, placed with commercial banks and savings and loan
companies
. Negotiable certificates of deposit
. Bankers acceptances
· Commercial paper
· Corporate notes and bonds, including medium term notes
· Local Agency Investment Fund
· Repurchase agreements
. Reverse repurchase agreements
· Passbook savings account demand deposits
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CITY OF LAKE ELSINORE INVESTMENT POLICY
· County Treasurer demand deposits
· Asset-backed and mortgage-backed securities
· Money market mutual funds
Within the context of the limitations, the following investments are authorized, as
further limited herein.
Investment Type
Authorization Limit %
Maximum
Maturity
US Treasury Bond/Notes/Bills 0 to 100%
US Government Sponsored Agency Issues 0 to 100%
Banker's Acceptances 0 to 40%
Time Certificates of Deposit 0 to 25%
Negotiable Certificates of Deposit 0 to 30%
Commercial Paper 0 to 15%
Medium Term Corporate Notes 0 to 30%
Repurchase Agreements 0 to 100%
Reverse Repurchase Agreements 0 to 20%
Local Agency Investment Fund 0 to 100%
5 Years
5 Years
180 Days
5 Years
5 Years
270 Days
5 Years
1 Year
92 Days
N/A
U.S. Treasury Bills - Issued weekly with maturity dates up to one year. They are
issued and traded on a discount basis with interest figured on a 360-day basis,
actual number of days. They are issued in amounts of $10,000 and up, in multiples
of $5,000. They are a highly liquid security.
U.S. Treasury Notes - Initially issued with two- to ten-year maturities. They are
actively traded in a large secondary market and are very liquid. The Treasury may
issue Note issues with a minimum of $1,000, however, the average minimum is
$5,000.
Federal Government Sponsored Aqency Issues - Guaranteed directly or indirectly
by the United States Government. All agency obligations qualify as legal
investments and are acceptable as security for public deposits.
They usually provide higher yields than regular Treasury issues with all of the same
advantages. Examples include:
· FICBs (Federal Intermediate Credit Bank Debentures) - Loans to lending
institutions used to finance the short-term and intermediate needs of
farmers, such as seasonal production. They are usually issued monthly in
minimum denominations of $3,000 with a nine-month maturity. Interest is
payable at maturity and is calculated on a 360-day, 30-day month basis.
· FFCBs (Federal Farm Credit Bank) - Debt instruments used to finance the
short and intermediate term needs of farmers and the national agricultural
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CITY OF LAKE ELSINORE INVESTMENT POLICy
industry. They are issued monthly with three- and six-month maturities. The
FFCB issues larger issues (one to ten year) on a periodic basis. These
issues are highly liquid.
· FLBs (Federal Land Bank Bonds) - Long-term mortgage credit provided to
farmers by Federal Land Banks. These bonds are issued at irregular times
for various maturities ranging from a few months to ten years. The minimum
denomination is $1,000. They carry semi-annual coupons. Interest is
calculated on a 360-day, 3D-day month basis.
. FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal
Home Loan Bank System to help finance the housing industry. The notes
and bonds provide liquidity and home mortgage credit to savings and loan
associations, mutual savings banks, cooperative banks, insurance
companies, and mortgage-lending institutions. They are issued irregularly
for various maturities. The minimum denomination is $5,000. The notes are
issued with maturities of less than one year and interest is paid at maturity.
The bonds are issued with various maturities and carry semi-annual
coupons. Interest is calculated on a 360-day, 3D-day month basis.
. FNMAs (Federal National MortQaQe Association) - Used to assist the home
mortgage market by purchasing mortgages insured by the Federal Housing
Administration and the Farmers Home Administration, as well as those
guaranteed by the Veterans Administration. They are issued about four
times a year for maturities ranging from a few months to eight years. They
are issued in minimum denominations of $10,000. They carry semi-annual
coupons. Interest is computed on a 360-day, 3D-day month basis.
. FHLMCs (Federal Home Loan MortQaQe Corporation) - A government-
sponsored corporation established to develop the secondary market for
conventional home mortgages. Mortgages are purchased solely from the
Federal Home Loan Bank System member lending institutions whose
deposits are insured by agencies of the United States Government. They
are issued for various maturities and in minimum denominations of $10,000.
Interest is paid semi-annually and is calculated on a 360-day, 3D-day month
basis.
. Other federal agency issues are Small Business Administration notes
(SBAs), Government National Mortgage Association notes (GNMAs),
Tennessee Valley Authority notes (TVAs), and Student Loan Marketing
Association notes (SALLlE-MAEs). As a matter of practice, the City does not
invest in these issues as they do not suit our purposes as well as other
investment opportunities available.
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CITY OF LAKE ELSINORE INVESTMENT POLICY
The City limits its investments to no more than 40% of its surplus funds in anyone
Federal Agency.
Bankers Acceptances - Short-term credit arrangements to enable businesses to
obtain funds to finance commercial transactions. They are time drafts drawn on a
bank by an exporter or importer to obtain funds to pay for specific merchandise. By
its acceptance, the bank becomes primarily liable for the payment of the draft at its
maturity. An acceptance is a high-grade negotiable instrument. Bankers
Acceptances can be purchased in various denominations for 30, 60, or 90 days, but
no longer than -180 days. The interest is calculated on a 360-day discount basis
similar to Treasury Bills. Local agencies may not invest more than 40% of their
surplus funds in bankers acceptances or more than 10% of the agency's surplus
funds in bankers acceptances of anyone commercial bank.
Certificates of Deposit - Time deposits of a bank or savings and loan. They are
purchased in various denominations with maturities ranging from 30 to 360 days.
The interest is calculated on a 360-day, actual-day month basis and is payable
monthly.
Neqotiable Certificates of Deposit - Unsecured obligations of the financial
institution, bank or savings and loan, bought at par value with the promise to pay
face value plus accrued interest at maturity. They are high-grade negotiable
instruments, paying a higher interest rate than regular certificates of deposit. The
primary market issuance is in multiples of $1,000,000; the secondary market
usually trades in denominations of $500,000, although smaller lots are occasionally
available. As a matter of practice, only the ten largest U.S. banks where there is a
secondary market established for continued liquidity are considered for investment.
The City's total investment in negotiable certificates of deposit may not exceed 30%
of surplus funds.
Commercial Paper - Short-term unsecured promissory notes issued by a
corporation to raise working capital. These negotiable instruments are purchased
at a discount to par value or at par value with interest bearing.
Local agencies are permitted by State law to invest in commercial paper of "prime"
quality of the highest ranking or of the highest letter and numerical rating as
provided by Moody's Investor's Service, Inc., and/or Standard and Poor's
Corporation. Eligible paper is further limited to issuing corporations that are
organized and operating within the United States and having total assets in excess
of five hundred million dollars ($500,000,000) and having an "A" or higher rating for
the issuer's debt other than commercial paper. Commercial Paper issued by an
Issuer that has a rating of "A" on their debt other than commercial paper but are on
credit watch for a possible downgrade by a nationally recognized rating agency
shall not be considered for investment purposes. Purchases of eligible commercial
paper may not exceed -270 days maturity nor represent more than 10% of the
outstanding paper of an issuing corporation. Purchases of commercial paper may
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CITY OF LAKE ELSINORE INVESTMENT POLICY
not exceed 15 percent of the portfolio. An additional 15%, for a total of 30 percent
of the portfolio, may be invested only if the dollar-weighted average of the entire
investment in commercial paper does not exceed 31 days. "Dollar-weighted
average maturity" is defined as the sum of the amount of each outstanding
commercial paper investment multiplied by the number of days to maturity, divided
by the total amount of outstanding commercial paper.
Medium Term Corporate Notes - Unsecured promissory notes issued by a
corporation organized and operating in the United States. These are negotiable
instruments and are traded in the secondary market. Medium term corporate notes
can be defined as extended maturity commercial paper.
Local agencies are restricted by the Government Code to investments in
corporations rated in the top three note categories by Moody's Investors Service,
Inc., and/or Standard and Poor's Corporation. For medium-term notes, eligible
purchases consist of instruments that have a rating of "A" or better by both Moody's
Investors Service, Inc., and Standard and Poor's Corporation. Corporate Notes
issued by an issuer that has a rating of "A" but are on credit watch for a possible
downgrade by a nationally recognized rating agency shall not be considered for
investment purposes. If the security's credit rating falls below "A" by one of these
agencies, then awareness is heightened and the security monitored closely to
determine if credit risk has been significantly increased. If a security falls below "A"
by both rating agencies, then the Director of Administrative Services will evaluate
the need to sell the security prior to maturity. Further restrictions are a maximum
term of five years to maturity and total investments in medium term corporate notes
may not exceed 30% of the local agency's surplus funds.
Repurchase Aqreements - A repurchase agreement is a short-term investment
transaction. Banks buy temporarily idle funds from a customer by selling U.S.
Government or other securities with a contractual agreement to repurchase the
same securities on a future date. Repurchase agreements are typically for one to
ten days in maturity. The customer receives interest from the bank. The interest
rate reflects both the prevailing demand for Federal funds and the maturity of the
repurchase agreement. Some banks will execute repurchase agreements for a
minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000.
The term of a repurchase agreement may not exceed one year. The market value
of securities that underlay a repurchase agreement shall be valued at 102 percent
or greater of the funds borrowed against those securities and the value shall be
adjusted no less than quarterly. Repurchase Agreements can only be executed
with financial institutions or broker/dealers that have signed a Master Repurchase
Agreement with the City.
Reverse Repurchase Aqreements - A reverse repurchase agreement is the
opposite of a repurchase agreement. The City loans a security to a bank in
exchange for cash. The City agrees to payoff the loan with interest on a future
date. As this type of investment actually involves a loan arrangement, the City may
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Agenda Item No. 18
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CITY OF LAKE ELSINORE INVESTMENT POLICY
not invest more than 10% of its surplus funds in reverse repurchase agreements,
and must always match its maturities to the reinvestment. Reverse repurchase
agreements may be utilized only when either of the following conditions are met:
1. The security was owned or specifically committed to purchase, by the local
agency, prior to December 31, 1994, and was sold using a reverse
repurchase agreement on December 31, 1994.
2. The security:
a) to be sold has been owned and fully paid for a minimum of 30 days prior to
sale; and
b) total of all reverse repurchase agreements owned does not exceed 10
percent of the base value of the portfolio; and
c) agreement does not exceed a term of 92 days, unless the agreement
includes a written codicil guaranteeing a minimum earning or spread for the
entire period between the sale of a security using a reverse repurchase
agreement and the final maturity date of the same security.
LAIF (Local Aqencv Investment Fund) - A special fund in the State Treasury which
local agencies may use to deposit funds for investment. There is no minimum
investment period and the minimum transaction is $5,000, in multiples of $1,000
above that, with a maximum balance of $40,000,000 for any agency. The City is
restricted to a maximum of fifteen transactions per month. It offers high liquidity
because deposits can be converted to cash in 24 hours and no interest is lost. All
interest is distributed to those agencies participating on a proportionate share basis
determined by the amounts deposited and the length of time they are deposited.
Interest is paid quarterly. The State retains an amount for reasonable costs of
making the investments, not to exceed one-quarter of one percent of the earnings.
California Government Code S16429.3 states, in part:
"money placed with the State Treasurer for deposit in the Local
Agency Investment Fund by cities, counties, or special districts shall
not be subject to impoundment or seizure by any state official or state
agency."
Prohibited Investments
Under the provisions of CGC 53601.6 and 53631.5, the City of Lake Elsinore
shall not invest any funds covered by this investment policy in inverse floaters,
range notes, interest-only strips derived from mortgage pools, or any investment
that my result in a zero interest accrual if held to maturity.
Investment of Bond Proceeds
When investing proceeds from the issuance of bonds, the City of Lake
Elsinore will follow this Investment Policy when determining allowable
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Agenda Item No. 18
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CITY OF LAKE ELSINORE INVESTMENT POLICY
investments. Should the trust agreement of a particular bond issue be more
or less restrictive than the City's policy on permitted investments, then the
trust agreement will take precedence.
15) COLLATERAL REQUIREMENTS
Collateral is required for investments in certificates of deposit, repurchase
agreements, and reverse repurchase agreements. All certificates of deposit
must be collateralized by U.S. Treasury Obligations. Collateral must be held by a
third party trustee and valued on a monthly basis. In order to reduce market risk,
the collateral level will be set at the maximum allowed by state and federal law.
16) DERIVATIVE INVESTMENTS
Derivative investments have value "derived" from a benchmark or index. That
benchmark can be almost any financial measure from interest rates to
commodity and stock prices. Investing in any derivative investment is prohibited.
17) LEGISLATIVE CHANGES
Any State of California legislative action that further restricts allowable maturities,
investment type or percentage allocations will be incorporated into the City of
Lake Elsinore's investment policy and superseded any and all applicable
language.
18) INTEREST EARNINGS
All moneys earned and collected from investments authorized in this policy shall
be allocated quarterly to various fund accounts based on the cash balance in
each fund as a percentage of the entire pooled portfolio.
19) LIMITING MARKET VALUE EROSION
The longer the maturity of securities, the greater their market price volatility.
Therefore, it is the general policy of the City to limit the potential effects from
erosion in market values by adhering to the following guidelines:
All immediate and anticipated liquidity requirements will be addressed prior to
purchasing all investments.
Maturity dates for long-term investments will coincide with significant cash flow
requirements where possible, to assist with short-term cash requirements at
maturity.
All long-term securities will be purchased with the intent to hold ,all investments to
maturity under then prevailing economic conditions. However, economic or
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CITY OF LAKE ELSINORE INVESTMENT POLICY
market conditions may change, making it the City's best interest to sell or trade a
security prior to maturity.
20) PORTFOLIO MANAGEMENT ACTIVITY
The investment program shall seek to augment returns consistent with the intent
of this policy, identified risk limitations, and prudent investment principals. These
objectives will be achieved by use of the following strategy.
Utilize the expert investment professionals of the State (Local Agency Investment
Fund).
21) POLICY REVIEW
The City of Lake Elsinore's investment policy shall be adopted by the City
Council on an annual basis. This investment policy shall be reviewed at least
annually to insure its consistency with the overall objectives of preservation of
principal, liquidity and yield, and its relevance to current law and financial and
economic trends. Any amendments to the policy shall be forwarded to the City
Council for approval.
The current policy of utilizing State Local Agency Investment Funds will continue
to be the primary investment instrument of the City.
22) GLOSSARY
Because this policy is to be available to the public as well as the governing body,
it is important that a glossary of related terminology be part of the policy.
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Agenda Item No. 18
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CITY OF LAKE ELSINORE INVESTMENT POLICY
Agency: Federal agency securities and
lor Government-sponsored enterprises.
Bankers' Acceptance (BA): A draft or
bill or exchange accepted by a bank or
trust company. The accepting institution
guarantees payment of the bill, as well
as the issuer.
Broker: A broker brings buyers and
sellers together for a commission.
California Local Government Debt: Is
bonds, notes, warrants, or other
evidences of indebtedness of any local
agency within California. California local
government debt is a permitted
investment under the California
Government Code. The Government
Code does not specify minimum credit
ratings for local government debt in
which local agencies may invest. The
Authority does not invest in these
securities.
Certificate of Deposit (CD):
deposit with a specific
evidenced by a certificate.
denomination CD's are
negotiable.
A time
maturity
La rge-
typically
Collateral: Securities, evidence of
deposit of other property which a
borrower pledges to secure repayment
of a loan. Also refers to securities
pledged by a bank to secure deposits of
public monies.
Comprehensive Annual Financial
Report (CAFR): The official annual
report for the City of Lake Elsinore. It
includes five combine statements for
each individual fund and account group
Glossary
prepared in conformity with GAAP. It
also includes supporting schedules
necessary to demonstrate compliance
with finance-related legal and
contractual provisions, extensive
introductory material, and a detailed
Statistical Section.
Coupon: (a) The annual rate of interest
that a bond's issuer promises to pay the
bondholder on the bond's face value.
(b) A certificate attached to a bond
evidencing interest due on a payment
date. DEALER: A dealer, as opposed
to a broker, acts as a principal in all
transactions, buying and selling for his
own account.
Debenture: A bond secured only by the
general credit of the issuer.
Delivery versus Payment: There are
two methods of delivery of securities:
delivery versus payment and delivery
versus receipt. Delivery versus
payment is delivery of securities with an
exchange of money for the securities.
Delivery versus receipt is delivery of
securities with an exchange of a signed
receipt for the securities.
Derivatives: (1) Financial instruments
whose return profile is linked to, or
derived from, the movement of one or
more underlying index or security, and
may include a leveraging factor, or (2)
financial contracts based upon notional
amounts whose value is derived from an
underlying index or security (interest
rates, foreign exchange rates, equities
or commodities).
Discount: The difference between the
cost price of a security and its maturity
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CITY OF LAKE ELSINORE INVESTMENT POLICY
when quoted at lower than face value.
A security selling below original offering
price shortly after sale also is
considered to be at a discount.
Diversification: Dividing investment
funds among a variety of securities
offering independent returns.
Federal Credit Agencies: Agencies of
the Federal government set up to supply
credit to various classes of institutions
and individuals, e.g., S&L's, small
business firms, students, farmers, farm
cooperatives, and exporters.
Federal Deposit Insurance
Corporation (FDIC): A federal agency
that insures bank deposits, currently up
to $100,000 per deposit.
Federal Funds Rate: The rate of
interest at which Fed funds are traded.
This rate is currently pegged by the
Federal Reserve through open-market
operations.
Federal Home Loan Banks (FHLB):
Government sponsored wholesale
banks (currently 12 regional banks)
which lend funds and provide
correspondent banking services to
member commercial banks, thrift
institutions, credit unions and insurance
companies. The mission of the FHLB is
to liquefy the housing related assets of
it's members who must purchase stock
in their district Bank.
Federal National Mortgage
Association (FNMA): FNMA, like
GNMA was chartered under the Federal
National Mortgage Association Act in
1938. FNMA is a federal corporation
working under the auspices of the
Department of Housing and Urban
Development (HUD). It is the largest
single provider of residential mortgage
funds in the United States. Fannie Mae,
as the corporation is called, is a private
stockholder-owned corporation. The
corporation's purchases include a
variety of adjustable mortgages and
second loans, in addition to fixed-rate
mortgages. FNMA's securities are also
highly liquid and are widely accepted.
FNMA assumes and guarantees that all
security holders will receive timely
payment of principal and interest.
Federal Open Market Committee
(FOMC): Consists of seven members of
the Federal Reserve Board and five of
the twelve Federal Reserve and
Presidents. The President of the New
York Federal Reserve Bank is a
permanent member, while the other
Presidents serve on a rotating basis.
The Committee periodically meets to set
Federal Reserve guidelines regarding
purchases and sales of Government
Securities in the open market as a
means of influencing the volume of bank
credit and money.
Federal Reserve System: The central
bank of the United States created by
Congress and consisting of a seven
member Board of Governors in
Washington, D.C., 12 regional banks
and about 5,700 commercial banks that
are members of the system.
Government National Mortgage
Association (GNMA or Ginnie Mae):
Securities influencing the volume of
bank credit guaranteed by GNMA and
issued by mortgage bankers,
commercial banks, savings and loan
associations, and other institutions.
Security holder is protected by full faith
and credit of the U.S. Government.
15
Agenda Item No. 18
Page 16 of 28
CITY OF LAKE ELSINORE INVESTMENT POLICY
Ginnie Mae securities are backed by the
FHA, VA or FmHA mortgages. The
term "pass-throughs" is often used to
describe Ginnie Maes.
Issuer: Any corporation, government
unit or financial institution which borrows
money through the sale of securities.
Liquidity: A liquid asset is one that can
be converted easily and rapidly into
cash without a substantial loss of value.
In the money market, a security is said
to be liquid if the spread between bid
and asked prices is narrow and
reasonable size can be done at those
quotes.
Local Agency Investment Fund
(LAIF): A special fund in the State
Treasury which local agencies may use
to deposit funds for investment. All
interest is distributed to those agencies
participating on a proportionate share
determined by the amounts deposited
and the length of time they are
deposited. Interest is paid quarterly via
direct deposit to the LAIF account. The
State keeps an amount for reasonable
costs of making the investments, not to
exceed one-quarter of one per cent of
the earnings.
Local Government Investment Pool
(LGIP): The aggregate of all funds from
political subdivisions that are placed in
the custody of the State Treasurer for
investment and reinvestment.
Market Value: The price at which a
security is trading and could presumably
be purchased or sold.
Master Repurchase Agreement: A
written contract covering all future
transactions between the parties to
repurchase reverse repurchase
agreements that establishes each
party's rights in the transactions. A
master agreement will often specify,
among other things, the right of the
buyer-lender to liquidate the underlying
securities in the event of default by the
seller-borrower.
Maturity: The date upon which the
principal or stated value of an
investment becomes due and payable.
Member: Refers to a governmental
entity which is a signatory to the Joint
Powers Agreement establishing the
California Joint Powers Insurance
Authority.
Money Market: The market in which
short-term debt instruments (bills,
commercial paper, bankers'
acceptances, etc.) are issued and
traded.
Mutual Funds: Referred to in the
Government Code, Section 53601 (k) as
"shares of beneficial interest issued by
diversified management companies."
The Mutual Fund must be restricted by
its by-laws to the same investments as
the local agency by the Government
Code. These investments are Treasury
issues, Federal Agency issues, State of
California and City (within California)
debt obligations, Bankers Acceptances,
Commercial Paper, Certificates of
Deposit, Negotiable Certificates of
Deposit, Repurchase Agreements,
Reverse Repurchase Agreements, and
Medium Term Corporate Notes. The
quality rating and percentage
restrictions in each investment category
applicable to the local agency also apply
to the Mutual Fund.
16
Agenda Item No. 18
Page 17 of 28
CITY OF LAKE ELSINORE INVESTMENT POLICY
Negotiable: Term used to designate a
security, the title to which is transferable
by delivery.
Offer: The price asked by a seller of
securities. (When you are buying
securities, you ask for an offer). See
Asked and Bid.
Open Market Operations: Purchases
and sales of government and certain
other securities in the open market by
the New York Federal Reserve Bank as
directed by the FOMC in order to
influence the volume of money and
credit in the economy. Purchases inject
reserves into the bank system and
stimulate growth of money and credit;
sales have the opposite effect. Open
market operations are the Federal
Reserve's most important and most
flexible monetary policy tool.
Portfolio: Collection of securities held
by an investor.
Primary Dealer: A group of
government securities dealers who
submit daily reports of market activity
and positions and monthly financial
statements to the Federal Reserve Bank
of New York and are subject to its
informal oversight. Primary dealers
included Securities and Exchange
Commission (SEC) registered
securities broker-dealers, banks, and a
few unregulated firms.
Principal: Describes the original cost of
a security. It represents the amount of
capital or money which the investor
pays for the investment.
Prudent Person Rule: An investment
standard. In some states the law
requires that a fiduciary, such as a
trustee, may invest money only in a list
of securities selected by the custody
state - the so-called legal list. In other
states the trustee may invest in a
security if it is one which would be
bought by a prudent person of discretion
and intelligence who is seeking a
reasonable income and preservation of
capital.
Qualified Public Depositories: A
financial institution which does not claim
exemption from the payment of any
sales or compensating use or ad
valorem taxes under the laws of this
state, which has segregated for the
benefit of the commission eligible
collateral having a value of not less than
its maximum liability and which has
been approved by the Public Deposit
Protection Commission to hold public
deposits.
Rate of Return: The yield obtainable
on a security based on its purchase
price or its current market price. This
may be the amortized yield to maturity
on a bond the current income return.
Repurchase Agreement (RP or Repo):
A holder of securities sells these
securities to an investor with an
agreement to repurchase them at a
fixed price on a fixed date. The security
"buyer" in effect lends the "seller" money
for the period of the agreement, and the
terms of the agreement are structured to
compensate him for this. Dealers use
RP extensively to finance their positions.
Exception: When the Fed is said to be
doing RP, it is lending money, that is,
increasing bank services.
Safekeeping: A service to customers
rendered by banks for a fee whereby
securities and valuables of all types and
17
Agenda Item No. 18
Page 18 of 28
CITY OF LAKE ELSINORE INVESTMENT POLICY
descriptions are held in the bank's
vaults for protection.
Secondary Market: A market made for
the purchase and sale of outstanding
issues following the initial distribution.
Securities & Exchange Commission:
Agency created by Congress to protect
investors in securities transactions by
administering securities legislation.
SEC Rule 15C3-1: See Uniform Net
Capital Rule.
Structured Notes: Notes issued by
Government Sponsored Enterprises
(FHLB, FNMA, SLMA, etc.) and
Corporations which have imbedded
options (e.g., call features, step-up
coupons, floating rate coupons,
derivative-based returns) into their debt
structure. Their market performance is
impacted by the fluctuation of interest
rates, the volatility of the imbedded
options and shifts in the shape of the
yield curve.
Treasury Bills: A non-interest bearing
discount security issued by the U.S.
Treasury to finance the national debt.
Most bills are issued to mature in three
months, six months, or one year.
Treasury Notes: Medium-term coupon-
bearing U.S. Treasury securities issued
as direct obligations of the U.S.
Government and having initial maturities
from two to ten years.
Uniform Net Capital Rule: Securities
and Exchange Commission requirement
that member firms as well as
nonmember broker-dealers in securities
maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1;
also called net capital rule and net
capital ratio. Indebtedness covers all
money owed to a firm, including margin
loans and commitments to purchase
securities, one reason new public issues
are spread among member of
underwriting syndicates. Liquid capital
includes cash and assets easily
converted into cash.
Yield: The rate of annual income return
on an investment, expressed as a
percentage. (a) Income Yield is
obtained by dividing the current dollar
income by the current market price for
the security. (b) Net Yield or Yield to
Maturity is the current income yield
minus any premium above par or plus
any discount from par in purchase price,
with the adjustment spread over the
period from the date of purchase to the
date of maturity of the bond.
18
Agenda Item No. 18
Page 19 of 28
CITY OF LAKE ELSINORE
INVESTMENT PROCEDURES, GUIDELINES AND STRATEGY
I. PROCEDURES AND GUIDELINES - Procedures and guidelines are established to
direct and control activities in such a manner that previously established goals are
achieved and policies are followed.
1. Investment Selection. Every investment transaction must be authorized by
City Council and reviewed by the Director of Administrative Services.
The Director of Administrative Services reviews how much of the cash
balance is available for investment as determined by the Finance Manager
and selects the area of the yield curve that most closely matches the
required maturity date.
A review of some of the flowing sources should be made to determine
whether the investments should be placed to match projected
expenditures or shorter, or to take advantage of current and expected
interest rate environments:
a) Wall Street Journal or similar daily business publication.
b) Input from approved broker/dealers.
c) Input from depository banks.
d) Publications on general trends of economic statistics.
e) Input from data services (Telerate, Bloomberg, Reuters, etc.)
2. Pooled Cash. Whenever practical, local agency cash is consolidated into
one bank account and invested on a pooled concept basis. Interest
earnings are allocated quarterly according to month-end cash and
investment balances for each fund.
3. Competitive Bids. Purchase and sales of securities are made on the basis
of competitive offers and bids when practical.
4. Cash Forecast. The cash flow for the City is analyzed with the receipt of
revenues and maturity of investments scheduled so that adequate cash will
be available to meet disbursement requirements.
5. Liquiditv. The marketability of a security is considered at the time of
purchase, as the security may have to be sold at a later date to meet
unanticipated cash demands.
19
Agenda Item No. 18
Page 20 of 28
INVESTMENT PROCEDURES, GUIDELINES AND STRATEGY
(Continued)
6. Diversification. The portfolio should consist of a mix of various types of
securities, issuers, and maturities.
7. Purchasinq an Investment
Establish with whom the City of Lake Elsinore is going to transact
business. This should be accomplished through the use of a
questionnaire, which helps provide the following evaluation:
a) Financial condition, strength and capability to fulfill commitments.
b) Overall reputation with other dealers and investors.
c) Regulatory status of the broker/dealer (providers).
d) Background and expertise of the individual representative.
The following must be determined prior to contacting the providers:
a) Settlement - cash, regular (next day), corporate (3 business days)
or when-issued of a new issue.
b) Amount - either par value or total dollars to be invested.
c) Type of security to be purchased, or type to be excluded.
d) Targeted maturity, or maturity range.
e) Time limit to show offering - 5 minutes, 15 minutes, etc.
Before concluding the transaction, the Director of Administrative Services
should validate the following:
a) The security selected for purchase meets all criteria, including
portfolio diversification, collateralization (if appropriate) and
maturity. If the security has any imbedded options such as call
provisions or coupon adjustments, these should also be reviewed.
b) Yield calculations should be verified.
c) Total purchase cost (including accrued interest) does not exceed
funds available for investment.
d) Advise the successful provider that their offering has been selected
for purchase.
e) After confirmation of the purchase, as a courtesy, notify the other
broker/dealers that you have placed the investment. Best price
may be disclosed, if you choose.
20
Agenda Item No. 18
Page 21 of 28
INVESTMENT PROCEDURES, GUIDELINES AND STRATEGY
(Continued)
After consummation of the transaction, and prior to settlement date, the
Director of Administrative Services and the provider should exchange and
review the following information to ensure prompt, and uninterrupted
settlement:
a) Name of third-party safekeeping agent.
b) ABA number of safekeeping agent.
c) Safekeeping account number.
d) Reconfirm amount of transaction.
e) Reconfirm settlement date.
f) Acquire CUSIP number of security, if applicable.
8. Evaluate Certificates of Deposit
a) Certificates of Deposit shall be evaluated in terms of FDIC coverage.
For deposits in excess of the insured maximum of $100,000,
approved collateral at full market value shall be required. (California
Government Code Section 53652 and/or 53651 (m) and
53651.2(a)(1 ).
b) Negotiable Certificates of Deposit shall be evaluated in terms of the
credit worthiness of the issuer, as these deposits are uninsured and
uncollateralized promissory notes.
9. Settlement & Follow-throuQh
The Director of Administrative Services should forward to the safekeeping
agent a report of the investment transaction. The report may be verbal,
but a written form should be sent and acknowledged. When applicable,
the following should be verified:
a) Provision of receipt of disbursement of funds.
b) Internal transfer or wiring of funds.
c) Validation of written "safekeeping receipt"
d) Notification of discrepancy prior to acceptance or rejection of the
transaction.
e) Immediate notification if a fail has occurred: by provider if they are
responsible, by safekeeping agent if they are responsible.
10. SafekeepinQ: All transactions will be handled on a Delivery Verses
Payment (DVP) using a third party safekeeping custodian.
21
Agenda Item No. 18
Page 22 of 28
11. Repurchase aqreements, wire transfer aqreements. bankinq service
contracts and collateral/depository aqreements: All investing agreements
will be reviewed by the City Attorney, managed by the Director of
Administrative Services, and executed by the City Manager.
II. STRATEGY - Strategy refers to the ability to manage financial resources in the most
advantageous manner.
1. Economic Forecasts. Economic Forecasts are obtained periodically from
economists and financial experts through bankers and brokers to assist the
Director of Administrative Services with the formulation of an investment
strategy for the local agency.
2. Implementinq Investment Strateqy. Investment transactions are executed
which conform with anticipated interest rate trends and the current
investment strategy plan.
3. Preserve Portfolio Value. Field standards are developed in order to
maintain earnings near the market and to preserve the value of the portfolio.
22
Agenda Item No. 18
Page 23 of 28
CITY OF LAKE ELSINORE
INVESTMENT PROCEDURES
INTERNAL CONTROL - GUIDELINES
OBJECTIVES OF INTERNAL CONTROL
Internal control is the plan of organization and all the related systems established by the
management's objective of ensuring, as far as practicable:
. The orderly and efficient conduct of its business, including adherence to
management policies.
. The safeguarding of assets.
. The prevention or detection of errors and fraud.
. The accuracy and completeness of the accounting records.
. The timely preparation of reliable financial information.
LIMITATIONS OF INTERNAL CONTROL
No internal control system, however elaborate, can by itself guarantee the achievement of
management's objectives. Internal control can provide only reasonable assurance that the
objectives are met, because of its inherent limitations, including:
. Management's usual requirement that a control be cost-effective.
. The direction of most controls at recurring, rather than unusual, types of
transactions.
. Human error due to misunderstanding, carelessness, fatigue, or distraction.
. Potential for collusion that circumvents controls dependent on the segregation of
functions.
. Potential for a person responsible for exercising control abusing that responsibility;
a responsible staff member could be in a position to override controls which
management has set up.
23
Agenda Item No. 18
Page 24 of 28
CITY OF LAKE ELSINORE
INVESTMENT PROCEDURES
INTERNAL CONTROL - GUIDELINES
(Continued)
ELEMENTS OF INTERNAL CONTROL
Elements of a system of internal control are the means by which an organization can
satisfy the objectives of internal control. These elements are:
1. ORGANIZATION
Specific responsibility for the performance of duties should be assigned and lines of
authority and reporting clearly identified and understood.
2. PERSONNEL
Personnel should have capabilities commensurate with their responsibilities.
Personnel selection and training policies together with the quality and quantity of
supervision are thus important.
3. SEGREGATION OF FUNCTIONS
Segregation of incompatible functions reduces the risk that a person is in a position
both to perpetrate and conceal errors or fraud in the normal course of duty. If two
parts of a transaction are handled by different people, collusion is necessary to
conceal errors or fraud. In particular, the functions that should be considered when
evaluating segregation of functions are authorization, execution, recording, custody
of assets, and performing reconciliations.
4. AUTHORIZATION
All transactions should be authorized by an appropriate responsible individual. The
responsibilities and limits of authorization should be clearly delineated. The
individual or group authorizing a specific transaction or granting general authority
for transactions should be in a position commensurate with the nature and
significance of the transactions. Delegation of authority to authorize transactions
should be handled very carefully.
5. CONTROLS OVER AN ACCOUNTING SYSTEM
Controls over an accounting system include the procedures, both manual and
computerized, carried out independently to ascertain that transactions are
complete, valid, authorized, and properly recorded.
24
Agenda Item No. 18
Page 25 of 28
CITY OF LAKE ELSINORE
CASH CONTROLS
PROCEDURES PERFORMED BY EXTERNAL AUDITORS WITH RESPECT TO CASH
RECEIPTS
A. City procedures and controls are reviewed. Some of the system strengths are:
1. Receipts are controlled upon receipt by proper registration devices.
2. Receipts are reconciled on a daily basis.
3. Amounts are deposited intact.
4. Bank reconciliations are reviewed.
5. Prompt posting of cash receipt entries in books.
6. Proper approval required for write-offs of customer accounts.
7. Checks are restrictively endorsed upon receipt or when run through cash
register.
8. Adequate physical security over cash.
19 Individuals that handle cash do not post to customer account records or
process billing statements.
10. Adequate supervision of Finance Department operations.
B. Significant revenues are confirmed directly with payer and compared with City
books to make sure amounts are recorded properly.
C. Cash balances are substantiated by confirming all account balances recorded in
books. Bank reconciliations are reviewed for propriety and recalculated by the
auditor. All significant reconciling items on bank reconciliations are verified as valid
reconciling items by proving to subsequent bank statements.
25
Agenda Item No. 18
Page 26 of 28
CITY OF LAKE ELSINORE
SEGREGATION OF RESPONSIBILITIES OF
THE TREASURY FUNCTIONS
Function Responsibility
1. Formal Investment Policy should be:
* Prepared By: Director of Administrative Services
* Approved By: City Council
2. Investment Plan with specific City Council
investments in mind
3. Investment Transactions for Director of Administrative Services
execution of Investment Plan
should be approved by
4. Execution of investment Finance Manager
transactions
5. Timely recording of investment Finance Manger (but reviewed by
transactions: Director)
Recording of investment transactions Finance Manger (but reviewed by
in the City's records Director)
Recording of investment Account Specialist
transactions in the
accounting records
6. Verification of investment, Director of Administrative Services
i.e., match broker confirma-
tion to City's records
7. Safeguarding of Assets and Records:
Reconciliation of City's Finance Manger
records to the accounting records
Reconciliation of City's Finance Manager (but reviewed by
records to bank statements and Director)
safekeeping records
26
Agenda Item No. 18
Page 27 of 28
CITY OF LAKE ELSINORE
SEGREGATION OF RESPONSIBILITIES OF
THE TREASURY FUNCTIONS
(Continued)
Function
Responsibility
8. Safeguarding of Assets and Records
( continued):
Annual review of (a) financial
institution's financial condition,
(b) safety, liquidity, and potential
yields of investment instruments.
Director of Administrative Services
9.
No less than an annual
review of investment
portfolio as prepared by
Director of Administrative Services
Independent Auditors
27
Agenda Item No. 18
Page 28 of 28
CITY OF ~
LAKB ,5,LSiNORt:
~ DREAM ExtREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 2008-09
SERVICES AGREEMENT
Backaround
The City has contracted with the Lake Elsinore Chamber of Commerce assist the City
with marketing/tourism promotion and business retention, expansion, and attraction for
many years.
Discussion
The fiscal year 2008-09 Services Agreement with the Lake Elsinore Valley Chamber of
Commerce is attached. The Agreement is the same as prior year contact and is for a
one year term. The Agreement has been reviewed and approved by the City Attorney's
office.
The City Council has approved $40,000 to enhance tourism efforts in addition to the
historic $50,000 for the other services for a total annual payment of $90,000. Per the
request of the Chamber, monthly payments of $4,167 will be paid first nine months (July
'08 through March '09) and the last three months (March '09 to 'June '09) will be $1,000,
$1,000 and $497, respectively.
The Chamber has provided a detailed list in Exhibit A to the contract, which
demonstrates how their efforts will be carried out in the next 2008-09 fiscal year.
Also attached is the 1 st quarter 2008 progress report as required by section 5 of the
Agreement.
Agenda Item No. 19
Page 1 of 10
Lake Elsinore Valley Chamber of Commerce 2008-09 Services Agreement
June 24, 2008
Page 2
Fiscal Impact
The total annual cost of the services will be $90,000 including the $40,000 for the
specific tourism efforts.
Recommendation
Approve the attached Agreement subject to any minor modifications as may be
approved by the City Attorney.
Prepared by:
Matt N. Presse~
Director of Ad~f~i;t;ifive Services
Robert A. Brady" &"
City Manager ~
Approved by:
Agenda Item No. 19
Page 2 of 10
AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE
AND
THE LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
2008-09 SERVICES AGREEMENT
This Agreement is entered into by and between the City of Lake Elsinore, a
municipal corporation (hereinafter called "City"), and the Lake Elsinore Valley
Chamber of Commerce, a nonprofit California corporation (hereinafter called
"Chamber").
RECIT ALS
WHEREAS, the City is desirous of promoting its advantages as a business,
educational, cultural, recreational, industrial and residential center, disseminating
information relative thereto, and properly following up and giving consideration to
inquiries made from time to time relative to the various activities of the City; and
WHEREAS, the Chamber is a nonprofit organization designed to advance the
commercial, financial, industrial and civic interests of the Lake Elsinore
community and to serve as an information bureau and a research and promotion
medium;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
The Chamber shall employ competent personnel to carry on promotional
activities herein enumerated and maintain regular office hours of 8:00 a.m. - 4:30
p.m., Monday through Friday, excluding holidays, with variations as deemed
necessary by the Board of Directors and/or staff. However, office hours may
begin earlier than 8:00 a.m. and extend later than 4:30 p.m. Chamber staff shall
answer promptly all correspondence relative to the business, industrial,
residential, educational, cultural and recreational advantages and opportunities in
the City, and disseminate information by correspondence, newspaper publicity
and personal contacts favorably advertising such advantages and opportunities.
The Chamber shall serve as an information bureau and referral agency to its
members and all contacts requesting information and shall disseminate City
publications and materials provided by the City.
In addition, the Chamber shall work in good faith to accomplish services
described in Exhibit A addressing major tasks such as marketing/tourism
promotion; business retention, expansion, and attraction; and City/Chamber
Partnerships, attached hereto and incorporated herein.
Agenda Item No. 19
Page 3 of 10
2. COMPENSATION
Subject to and in accordance with the term and provisions of said Agreement, the
City agrees to pay Chamber for services, as set forth in Exhibit A, a total sum of
$50,000 per year, payable in quarterly installments of $12,500, for which the City
will receive Chamber of Commerce membership benefits. The annual total sum
payment shall be subject to approval on an annual basis by the City Council
upon recommendation by the City Manager. Quarterly installments shall be
made on or about the 15th of September, December, March and June of the
2008/09 fiscal year.
3. RECORDS AND AUDITS
The Chamber shall provide monthly financial reports and an annual financial
statement to the City Manager. Upon reasonable request by the City Manager
and by appointment with the Executive Director of the Chamber, financial
information will be reviewed with the City Manager or his/her designated
representative.
4. TERM OF AGREEMENT
(a) The term of Agreement shall continue on an annual basis until such
time that it is cancelled by either party. Each fiscal year, as part of the
budget process, the City will consider whether or not to budget for the
funding of this Agreement as provided for in Section 2. This
Agreement may be terminated at will by the City on the grounds of
proven fraud or malfeasance on the part of the Chamber with no
further monies to be paid to the Chamber.
(b) This Agreement shall be effective as of the July, 1, 2008, and shall
automatically terminate on June 30, 2009 unless renewed by the
mutual consent of the parties.
5. REPORTS
The Chamber shall submit progress reports, on a quarterly basis, to the City
Manager relating to the scope of service outlined herein as well as the activities
undertaken as specified in this contract. The report shall recount the Chamber's
services and its activities during the quarterly reporting period.
Within ninety (90) days of the close of the City's fiscal year or termination of this
Agreement, the Chamber shall submit to the City a fiscal year expenditure report
with a detailed accounting of all expenditures related to the scope of services
provided for by this Agreement, including the receipt and appropriated
expenditures of compensation by the Chamber hereunder.
2
Agenda Item No. 19
Page 4 of 10
6. INDEMNIFICATION
The Chamber agrees to defend and hold the City and all its officers, agents,
employees and representatives harmless from and against any and all claims
brought for or on account of personal injury, including death, claims for breach of
confidentiality, or business and property damage, which may arise from the
Chamber's willful or negligent acts, errors or omissions under this Agreement.
The Chamber agrees to defend and indemnify the City and its officers, agents,
employees and representatives from any suits or actions at law of equity for
damages caused, or alleged to have been caused, by reason of the Chamber's
willful or negligent acts, errors or omissions.
7. INSURANCE
The Chamber shall, throughout the duration of this Agreement, maintain
comprehensive general liability and property damage insurance covering all
operations hereunder of Chamber, its agents and employees, including but not
limited to premises and automobile, with minimum coverage of One Million
Dollars ($1,000,000) combined single limits. The policy shall name the City of
Lake Elsinore, inclusive of each of its officers and employees, as an additional
insured, and a Certificate of Insurance shall be furnished to the City Clerk at 130
S. Main Street, Lake Elsinore, CA 92530. Said policy or policies shall provide
thirty (30) days notice to the City Clerk of the City of Lake Elsinore of cancellation
or of a material change. The Chamber shall also carry worker's compensation
insurance in a statutory amount, evidence of which is to be furnished to the City
Clerk in the form of a Certificate of Insurance. All such policies shall be in a form
satisfactory to the City Attorney.
8. INDEPENDENT CONTRACTOR
The parties agree that the Chamber is an independent contractor and shall not in
any way be considered to be an employee of the City, nor shall any
representative or employee of the Chamber represent or imply directly or
indirectly that he or she represents or is authorized to speak for or bind the City.
9. NOTICES
(a) Any notice may be served upon either party by delivering it in person,
or by depositing it in a U.S. mail deposit box with the postage thereon
fully prepaid, and addressed to the party at the address set forth
below:
City:
City Manager
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
3
Agenda Item No. 19
Page 5 of 10
Chamber:
Executive Director
Chamber of Commerce
132 W. Graham Avenue
Lake Elsinore, CA 92530
(b) Any notice given hereunder shall be deemed effective in the case of
personal delivery, upon receipt thereof, or, in the case of mailing, at the
moment of deposit in the course of transmission with the United States
Postal Service, with the exception of a notice of termination which shall
be effective three (3) days following deposit with the United States
Postal Service.
10. ASSIGNMENT
This is a professional services contract for unique services. Neither the Chamber
nor the City may assign or transfer any rights or obligations arising from this
Agreement, or any part thereof, without the prior written consent of the other
party.
11. ATTORNEY'S FEES
If either party commences an action against the other party arising out of or in
connection with this Agreement, the prevailing party shall be entitled to recover
from the losing party reasonable attorney's fees and expenses of litigation,
including but not limited to court costs.
12. AMENDMENTS
The provisions of this Agreement may be amended only by an instrument in
writing duly executed by each of the parties hereto.
13. INTEGRATION
This writing constitutes the entire and complete Agreement between the parties
hereto relative to the subject hereof. No party relies upon any warranty or
representation, express or implied not specifically set forth herein.
14. WAIVER
Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision
under this Agreement.
4
Agenda Item No. 19
Page 6 of 10
15. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
16. CONTROLLING LAW VENUE
This Agreement and all matters relating to it shall be governed by the laws of the
State of California and any action brought relating to this Agreement shall be held
exclusively in a State court in the County of Riverside.
17 . MEDIATION
The parties agree to make a good faith attempt to resolve any disputes arising
out of this Agreement through mediation prior to commencing litigation. The
parties shall mutually agree upon the mediator and share the costs of mediation
equally. It the parties are unable to agree upon a mediator, the dispute shall be
submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS
shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and
thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
18. 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.
19. AUTHORITY TO ENTER AGREEMENT
The Chamber 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.
20. PROHIBITED INTERESTS
The Chamber maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for the
Chamber, to solicit or secure this Agreement. Further, the Chamber 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 the Chamber, 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
5
Agenda Item No. 19
Page 7 of 10
this warranty, the City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of the
City, during the term of his or her service with the City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
21. EQUAL OPPORTUNITY EMPLOYMENT
The Chamber 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on , 2008.
City of Lake Elsinore
Lake Elsinore Valley
Chamber of Commerce
By:
By:
Executive Director
Mayor
Attest:
Approved as to Form:
By:
By:
City Attorney
City Clerk
6
Agenda Item No. 19
Page 8 of 10
EXHIBIT A-1
The City of Lake Elsinore
and
The Lake Elsinore Valley Chamber of Commerce
Scope of Services 2008-2009 Contract
The listing below is services, goals and objectives that the Chamber shall work in good
faith to accomplish.
Lake Elsinore Marketinq/New Business/Potential New Home Buvers
o LEVCC will distribute relocation packages for new residents
o LEVCC will distribute economic development packages to potential businesses
o LEVCC will perform mailings, answer phone inquiries, stock materials and use
other means to promote the City of Lake Elsinore
o Work cooperatively with the City and other businesses and groups to promote
the City of Lake Elsinore
o Southwest California Economic Development Corporation
o Southwest California Economic Alliance
o Murrieta/Temecula Group
o Southwest California Legislative Council
Business Retention. Expansion and Attraction
o LEVCC will hold monthly Economic Workforce Development Luncheons (EWDC)
- minimum of 10 per year
o LEVCC will conduct a minimum of 2 business visitations per month
o LEVCC will promote the City of Lake Elsinore and LEVCC through press, media
stories, City banner at events, etc.
o Chamber Report will be given at the 4th meeting of the month to City Council.
Chamber shall attend other meetings and events of interest to the business
community.
o LEVCC will maintain a website and link to the City of Lake Elsinore website
o LEVCC will develop, publish and maintain a Business Directory of Chamber
Members on the website.
o LEVCC will promote business growth through Ribbon Cutting and
groundbreaking ceremonies. Notification to the City Manager's Office is
required.
o LEVCC will refer all relocation requests to the City Manager's Office.
City/Chamber Partnerships
o LEVCC/City will continue to partner on facility use of the Chamber Office in the
historic train depot and other sites for events and programs.
o LEVCC will provide monthly written status reports to the City Council Liaison and
the City Manager.
o LEVCC will provide a schedule for all functions and meetings of the Chamber,
listing of officers and committee members to the City Council Liaison and the City
Manager.
o Chamber will continue to provide information for all inquiries about the City and
City Services. The Chamber continues to act as the "411" for the City.
o LEVCC will continue to provide point of contact for economic development.
o LEVCC will continue to provide support for the Brand rollout.
Agenda Item No. 19
Page 9 of 10
EXHIBIT A-2
LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
TOURISM CONTRACT
DELlVERABLES:
.:. CREATE A TOURISM INVENTORY FOR THE CITY OF LAKE ELSINORE (LE).
IDENTIFY EXISTING ASSETS, PROGRAMS AND FUTURE NEEDS
o Ongoing Analysis linked to Tourism Advisory Board
.:. ACQUIRE & PROTECT WEBSITE ADDRESSES FOR LE TOURISM
o Acquired per Attachment July 2006 - Ongoing Request for 2008-09
.:. CREATE, DEVELOP & DIRECT A TOURISM ADVISORY BOARD. BOARD
MEMBERS TO CONSIST OF CITY, HOTEL/MOTEL, RESTAURANT,
WATERCRAFT & RECREATIONAL BUSINESSES
.:. DEVELOP STRATEGIES TO ENHANCE TOURISM TRAFFIC
o Part of Features within new Website including Reservations, On-line
Store & Box Office, Featured Package & What's Happening
.:. DEVELOP UNIQUE & ROBUST TOURISM WEBSITE LINKED TO THE CITY &
CHAMBER WEBSITES AND MAINTAIN COMMUNITY CALENDAR OF
EVENTS
.:. CREATE UNIQUE MARKETING PROGRAMS TO ATTRACT TOURIST
FUNDED BY CREATION OF A TOURISM IMPROVEMENT DISTRICT (T.I.D.)
OR INCREASE IN THE TRANSIENT OCCUPANCY TAX (T.O.T)
o Future Enhancement based upon recommendations of Tourism
Advisory Board
.:. HIRE ADDITIONAL RESOURCE TO HANDLE ANY & ALL TOURISM
INQUIRIES AT THE CHAMBER OR BY PHONE OR E-MAIL
o Maintain full time resource
.:. IDENTIFY AND STAFF CONVENTIONS (BOAT, RECREATIONAL, ETC) AS
AGREED TO BY CITY & CHAMBER, ADDITIONAL FUNDS REQUIRED FOR
TRAVEL EXPENSES & TO UPDATE TOURISM MARKETING MATERIALS
(INCLUDING BUT NOT LIMITED TO BROCHURES, DISPLAYS,
PROMOTIONAL PRODUCTS, TOURISM KIOSK, ETC.)
o As discussed, this is not part of the scope of the original contract.
Each event must be negotiated and funding will be required.
.:. IDENTIFY AND DEVELOP EVENTS TO ATTRACT TOURISTS WHEREBY
THE CHAMBER IS THE PROMOTER AS AGREED TO BY THE CITY &
CHAMBER
o Promoter - Lake Elsinore Frontier Days - April of each year, a 3 day
family event
o Co-Promoter - Lake Elsinore Rodeo - June of each year, a 3 day
event
o Co-Promoter - Lake Elsinore Grand Prix - November of each year
Agenda Item No. 19
Page 1 0 of 1 0
CITY OF .~
LAI(J:: ,6,LSiNOR&
Y DREAM E,XTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: GENERAL PLAN UPDATE
Discussion
As reported in the last update to the City Council, the Planning Commission continued
the General Plan Update in order to continue "fine tuning" the Draft Preferred Land Use
Plan to insure that all land uses are correct and applicable and will provide a well
balanced community and are conducive to the topography.
Staff continues to anticipate that a full analysis and recommendation, which includes;
Planning Commission's recommended land use changes and direction resulting from
public input; staff's recommendation of land use changes as a result of the "fine tuning"
of the Preferred Land Use Plan; any policy and/or text amendments to the General Plan
or District Plans and considerations as to circulation be brought back to the Planning
Commission in July.
Recommendation
Receive and File.
Prepared by:
Rolfe M. Preisendanz /Yv;_ ~
Director of Community Development I / / r -
Robert A. Bradyn1il
City Manager ~
Approved by:
Agenda Item No. 20
Page 1 of 1
CITY OF .~
LAKE 6LSiNO~
" ~
'iJ!~'" DREAM E~TREME",
FROM:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
TO:
DATE:
JUNE 24, 2008
SUBJECT: PLANNING DIVISION PROFESSIONAL SERVICE CONTRACTS FOR
2008-2009 FISCAL YEAR
Backaround
The City of Lake Elsinore has been utilizing contract personnel to assist in the
performance and provision of specialized planning duties in the Community
Development Department for over ten years. Currently, contract planning staff manages
projects including, but not limited to the following: annexations, zone changes, specific
and General Plan amendments, commerciallindustrial design review, large subdivisions,
conditional use permits, minor design reviews, and CEQAlMSHCP review.
Discussion
As established in the previous Fiscal Year (FY) 2007-2008, the agreements for contract
Planning staff commence, expire, and coincide with the City's budget cycle. The
contracts, if approved, would extend through FY 2008-2009, and would be open for
renewal in June 2009.
All of the existing contracts will remain at the same rate as the previous year (FY 2007-
2008) with one contract eliminated (Sandra Massa-Lavitt). This is the second
consecutive year where a majority of the contract rates remain at the same level with no
increases.
The contract staff members listed in the following chart are included with this request.
The chart reflects average hours for two-week pay periods in the first half and second
half of the 2007-2008 fiscal year, as well as the percentage decrease in hours.
Agenda Item No. 21
Page 1 of 13
Planning Division Professional Service Contracts FY 2008-2009
June 24, 2008
Page 2
Carole Donahoe
36
35
3%
Kirt Cou
74.75
66
12%
Linda Miller
72.8
65.5
10%
81.7
76.68
6%
As reflected above, a decrease in contract staff hours coincides with slowing
development. Contract staff will continue to provide services that are paid through the
developer deposit cost recovery system (CRS). The aforementioned contract staff
brings several years of experience working within Southwest Riverside County and, in
the course of their work with the City, has established professional relationships with the
development community.
Staffina and Levels of Service
A conservative approach to staffing levels has been maintained in the Planning Division
while sustaining acceptable service levels to the residential, business, and development
community. On average, the Planning Division receives approximately 200 requests for
service every week. This number includes telephone inquiries, public counter
assistance, e-mails, and contact with developers/architects/property owners regarding
pending or proposed projects. Staff has made a priority of increasing customer service
levels and handling every phone call and public counter inquiry in a timely manner.
Varying service demands have to be properly managed in order to sustain an
acceptable level of timeliness in processing public hearing project applications. Despite
the exponential growth the City of Lake Elsinore experienced, a responsible approach to
staffing levels has been maintained. In May of 2008, a survey of other Inland Empire
Cities was conducted. Those cities that responded with requested staff level information
are included in the following matrix.
Agenda Item No. 21
Page 2 of 13
Planning Division Professional Service Contracts FY 2008-2009
June 24, 2008
Page 3
Full Time Planning Staff Levels Comparison
Rancho
Cucamon a 18 0 2 6 26
Ontario 19 0 2 5 26
Murrieta 9 4 2 3 18
T emecula 7 0 4 4 15
Corona 5 0 3 3 11
Hemet 6 0 1 3 10
Perris 7 0 1 2 10
Lake Elsinore 4 4 1 1 10
As reflected in the chart above, staffing levels for Lake Elsinore are conservative when
compared to other cities. While many of the cities listed above have higher population
numbers than Lake Elsinore, several of the surveyed cities are at, or are approaching,
build out of available land.
Fiscal Impact
The proposed planning consultant contracts will generate minimal fiscal impact to the
City in that they will be approximately 90% billable through the developer deposit cost
recovery system (CRS). Contract staff does not maintain assigned public counter and
telephone duties, which are non-billable and maintained by non-contract City Planning
staff.
Recommendation
Authorize the City Manager to prepare and enter into contract with Carole Donahoe, Kirt
Coury, Linda Miller, and Wendy Worthey to provide specialized planning services on an
annual basis.
Agenda Item No. 21
Page 3 of 13
Planning Division Professional Service Contracts FY 2008-2009
June 24, 2008
Page 4
Prepared by:
Approved by:
Attachment
Tom Weine~
Planning Manager
Robert A. Bradyllra
City Manager ~W
Agenda Item No. 21
Page 4 of 13
CONSULT ANT SERVICES CONTRACT
***********************************************************************************************************
THIS AGREEMENT made and entered into on June 18
party of the fIrst part, hereinafter referred to as CITY, and
CONTRACTOR Linda Miller
,2008 by the City of Lake Elsinore, a municipal corporation,
FOR USE BY CITY MANAGER'S OFFICE ONLY
MAILING ADDRESS 23854 Chelsea Way
Vendor # Amount $
Acct.
Purchase Order # Obj. Code
S.S/E.I.N. NO. 563-58-5628
City Division
ACCT. To Be Chgd.
Document Preparer
Date Ext. or Telephone #
CITY, STATE, ZIP Murrieta, CA. 92562
PHONE NUMBER (951 ) 677-1237
party of the second part, hereinafter referred to as CONTRACTOR.
CONTRACT PERIOD: From July L
, 2008 TO June 30,
,20D'L.
WITNESSETH:
That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR
of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other
related expenses;
Seventy- fIve dollars (plus the prevailing rate for mileage incurred) ($75.00)
Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services
description as Exhibit "A".)
Manage a variety of City proiects including: SFRs, Commercial. Industrial. Residential. TTM, TPM, CUP's, GPA. ZC, & Annexations;
Meetings with applicant. Staff and Planning Commission: coordination with City Division, CEQA and MSHCP consultants: manage;
Manage correspondence and files.
TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the perfonnance of the work and services agreed to be perfonned, shall act as and
be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits
which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights...
2. HOLD HARMLESS - CONTRACTOR shall he responsihle for and hold the CITY hannless from all damage to property, injury to persons, and loss, expense,
inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR.
3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written
consent of CITY.
4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee ofthe City of Lake
Elsinore.
5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California.
6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures,
practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore.
7. TERMINATION - This agreement may be tenninated by CITY immediately for cause or by either party without cause upon thirty (30) days' written notice of
tennination. Upon tennination, CONTRACTOR shall be entitled to compensation for services perfonned up to the effective date oftennination.
8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except
working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to
use such materials in its discretion without further compensation to CONTRACTOR or to any other party.
(Signatures follow on next page)
Agenda Item No. 21
Page 5 of 13
***********************************************************************************************************
RETURN TO: CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
A TTN: CITY MANAGER
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hand to this contract this day
of ,20______
CITY OF LAKE ELSINORE
CONTRACTOR
(Contractor Must Sign Here)
City Manager
Department Director
***********************************************************************************************************
NON-DISCRIMINATION CLAUSE
The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and
California law and regulations, does not discriminate on the basis ofrace, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as
a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services.
Agenda Item No. 21
Page 6 of 13
CONSULTANT SERVICES CONTRACT
***********************************************************************************************************
THIS AGREEMENT made and entered into on June 17. ,2008_. by the City of Lake Elsinore, a municipal
corporation, party of the ftrst part, hereinafter referred to as CITY, and
FOR USE BY CITY MANAGER'S OFFICE ONLY
CONTRACTOR Carole Donahoe
S.S/E.I.N. NO.
561-64-6437
Vendor # Amount $
Acct.
Purchase Order # Obj. Code
MAILING ADDRESS 22993 Rosemont Court
City Division
ACCT. To Be Chgd.
Document Preparer
Date Ext. or Telephone #
CITY, STATE, ZIP
Murrieta. CA 92562
PHONE NUMBER (951 ) 600-0051
party of the second part, hereinafter referred to as CONTRACTOR.
CONTRACT PERIOD: From Julv 1.
WITNESSETH:
,2008_ TO June 30,
,2009_.
That in consideration dfthe covenants and agreements herein expressed and of the faithful performance by CONTKAC 1 UR
of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other
related expenses;
See below. ($ 7'5. <to )
Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services
description as Exhibit "A".)
A rate of$75.00 per hour and $0.505 per mile or the prevailing standard mileage reimbursement rate (for mileage incurred on City
business) whichever is higher. Hours are provided as necessarv to carry out proiect loads contingent upon approval of the Director of
Community Development. Services include but are not limited to: management of a variety of land use proiects: meetings with
applicant. City staff. Planning Commission and City Council: coordination with all City Divisions. outside agencies. CEQA and
MSHCP specialists: documentation of all caseftle correspondence. exhibits and documents. Pavment processing will begin upon
presentation of time sheet (format provided and approved bv the City). and invoice for services rendered.
TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and
be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits
which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights...
2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense,
inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR.
3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written
consent of CITY.
4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake
Elsinore.
5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California.
6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures,
practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore.
7. TERMINATION - This agreement may be terminated by CITY immediately for cause or by either party without cause upon thirty (30) days' written notice of
termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination.
8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except
working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole Pllht to
use such materials in its discretion without further compensation to CONTRACTOR or to any other party. Agenda Item NO. 21
Page 7 of 13
***********************************************************************************************************
RETURN TO: CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
ATTN: CITY MANAGER
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hand to this contract this day
of ,20_
CITY OF LAKE ELSINORE
CONTRACTOR
City Manager
(Contractor Must Sign Here)
Department Director
***********************************************************************************************************
NON-DISCRIMINATION CLAUSE
The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and
California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as
a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services.
Agenda Item No. 21
Page 8 of 13
CONSULTANT SERVICES CONTRACT
***********************************************************************************************************
THIS AGREEMENT made and entered into on June 17.2008 by the City of Lake Elsinore, a municipal corporation, party of
the fIrst part, hereinafter referred to as CITY, and
FOR USE BY CITY MANAGER'S OFFICE ONLY
CONTRACTOR Wendv Worthey
S.S/E.I.N. NO.
dQd-7d-8620
Vendor # Amount $
Acct.
Purchase Order # Obj. Code
MAILING ADDRESS 11!'i!'i2 Alkaid Drive
CITY, STATE, ZIP San Diel!o. CA Q2126
City Division
ACCT. To Be Chgd.
Document Preparer
Date Ext. or Telephone #
PHONE NUMBER (619) 8QO-2762
party of the second part, hereinafter referred to as CONTRACTOR.
CONTRACT PERIOD: From Julv 1
WITNESSETH:
.2008_ TO
June ~o
, 2009_.
That in consideration of the covenants and agreements herein expressed and ofthe faithful performance by CONTRACTOR
of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other
related expenses;
See below. ($ 75: DO )
Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services
description as Exhibit "A".)
A rate of $7!'i.00 per hour and $0.!'i0!'i per mile or the prevailinl! standard mileal!e reimbursement rate
(for mileage incurred on City business) whichever is hi~er. Services shall include environmental
planninl! functions. including but not limited to: CEOA review and analysis of proposed nrojects. MSHCP
consistency determinations. early planning and coordination with developers. regulators. and
consultants to increase efficiency in the environmental nrocess. working towards a successful completion
of the environmental nrocess for the AutoMall Overlay District. providinl! assistance to RDA. nrenaration
of and/or undatinl! the environmental guidelines. developing a mitigation nrogram for wetlands impacts.
educating other Planners about new or revised environmental rel!Ulations and Qolicies. and CEQA/NEPA
reviews of documents prepared by other 1urisdictions that could affect the City. Mv workload will also
include coordinating with City Staff towards the successful completion of the General Plan Undate and
Environmental Impact Report. Payment processinl! will bel!in upon nresentation of timesheet (format
provided and annroved by City). and invoice for services rendered.
Agenda Item No. 21
Page 9 of 13
TERMS AND CONDITIONS
I. INDEPENDENT CONTRACTOR _ It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and
be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits
which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights...
2. HOLD HARMLESS _ CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense,
inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR.
3. NON-ASSIGNMENT _ It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written
consent of CITY.
4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake
Elsinore.
5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State ofCalifomia.
6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures,
practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore.
7 . TERMINATION _ This agreement may be terminated by CITY immediately for cause or by either party without cause upon thirty (30) days' written notice of
termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination.
8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except
working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to
use such materials in its discretion without further compensation to CONTRACTOR or to any other party.
(Signatures follow on next page)
Agenda Item No. 21
Page 10 of 13
***********************************************************************************************************
RETURN TO: CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
A1TN: CITY MANAGER
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hand to this contract this day
of ,20______
CITY OF LAKE ELSINORE
CONTRACTOR
City Manager
(Contractor Must Sign Here)
Department Director
***********************************************************************************************************
NON-DISCRIMINA nON CLAUSE
The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and
California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as
a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services.
Agenda Item No. 21
Page 11 of 13
CONSULT ANT SERVICES CONTRACT
***********************************************************************************************************
THIS AGREEMENT made and entered into on June 17 ,2008_. by the City of Lake Elsinore, a municipal
corporation, party of the first part, hereinafter referred to as CITY, and
CONTRACTOR Kirt A. Coury
S.S/E.I.N. NO. 568-79-1361
FOR USE BY CITY MANAGER'S OFFICE ONLY
Vendor # Amount $
Acct.
Purchase Order # Obj. Code
MAILING ADDRESS 5711 Calle Polvorosa
CITY, STATE, ZIP San Clemente, CA 92673
PHONE NUMBER (949) 369-9434
City Division
ACCT. To Be Chgd.
Document Preparer
Date Ext. or Telephone #
party of the second part, hereinafter referred to as CONTRACTOR.
CONTRACT PERIOD: From July 1
WITNESSETH:
,2008_ TO June 30
,2008_.
That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR
of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other
related expenses;
See Below ($75.00 )
Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services
description as Exhibit "A".)
A rate of$75.00 per hour and $0.505 per mile or prevailing standard mileage reimbursement rate (for mileage incurred on City
Business" whichever is higher. Hours are provided as necessary to carry out proiect loads contingent ullon approval of the Director
Of Community Development. Services include but are not limited to: management of a variety of land use proiects: meetings with
Applicant, City Staff, Planning Commission and City Council: coordination with all City Divisions, outside agencies, CEOA and
MSHCP specialists: documentation of all casefile correspondence, exhibits and documents. Payment processing will begin upon
Presentation of time sheet (format provided and approved bv the City), and invoice for service rendered.
TERMS AND CONDITIONS
I. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and
be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits
which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights...
2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense,
inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR.
3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written
consent of CITY.
4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake
Elsinore.
5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California.
6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures,
practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore.
7. TERMINATION - This agreement may be terminated by CITY immediately for cause or by either party without cause upon thirty (30) days' written notice of
termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination.
Agenda Item No. 21
Page 12 of 13
8. DOCUMENTS - All. plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except
working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to
use such materials in its discretion without further compensation to CONTRACTOR or to any other party.
***********************************************************************************************************
RETURN TO: CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
ATTN: CITY MANAGER
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hand to this contract this day
of ,20____
CITY OF LAKE ELSINORE
CONTRACTOR
City Manager
(Contractor Must Sign Here)
Department Director
***********************************************************************************************************
NON-DISCRIMINATION CLAUSE
The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and
California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as
a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services.
Agenda Item No. 21
Page 13 of 13
CITY OF .~
LAIZE ,6,LSifioRi
~ DREAM EXTREME
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
FROM:
DATE:
JUNE 24, 2008
SUBJECT: PURCHASE AUTHORIZATION FOR A WEB BASED STREAMING
MEDIA SOLUTION
Backaround
Consider a Granicus, Inc. Web based streaming media solution purchase to enable the
City to webcast and deliver live and archived City Council meetings to all constituents with
I nternet access.
Discussion
The City has embarked on a complete redesign of the lake-elsinore.org Website. The Web
based streaming media solution from Granicus, Inc. will allow City Council meetings to be
available over the Internet and as searchable archives that can be used for efficient long-
term record keeping. Public access is improved beyond what is available through cable
and Verizon "realtime" meeting coverage.
Fiscal Impact
The one-time purchase price is $10,481.24, including tax and installation, as shown in the
attached quote (Exhibit A). Sufficient funding for this project will come from 2007-2012
CIP, project ID No. GEN 0042 E-Gov Initiative Phase II Technology Purchases (Exhibit B).
The monthly managed service fee is $911.20 which will be funded through the IT
operations budget for Fiscal Year 2008-2009.
This purchase is exempt from the City's purchasing policy requiring informal bids because
it is in the best interest of the City to use the preferred vendor for streaming video
services. Granicus is the leading provider of municipal streaming video in California.
Agenda Item No. 22
Page 1 of 25
Purchase Web Based Streaming Media Solution
June 24, 2008
Page 2
Recommendation
Waive the informal-bidding process and authorize the City Manager to sign and issue a
purchase order to Granicus, Inc., to acquire and install the proposed Web based
streaming media solution.
Prepared by:
Mark Dennis
Information & Communications Manager
Robert A. Brady().A'fl,
City Manager {~
Approved by:
Attachments
Agenda Item No. 22
Page 2 of 25
Proposed Solution Pricine:
Sales 7.75
Software Subtotal
$3,600.00
$450.00
$313.87
$4,363.87
Software Modules
MediaManager
Outcast Encoder Software (I License
Professional Services
Software Installation and Configuration
On-Site Training (I Day)
Phone/Web Training (2 Hours
(I) - Document Template
(I) - Player Template
(I) - View
$1,282.50
$2,000.00
Sales
Professional Services
Jit
Agenda Item No. 22
Page 3 of 25
Proposed Solution Pricinl!
Hardware
*
Sales
Hardware
$450.00
$34.87
$484.87
$25.00
(1) - Osprey 230 Video Capture Card
ront Software, Professional Services & Hardware
Total Monthly Managed Services
$10,481.24
$911.20
This Proposal was generated by Matt Mincks of Granicus, Inc. on 5/21/2008 and it expires on
11/21/2008.
*
Price and hardware model are subject to change after 90 days without prior notice.
+ Additional sales tax may apply depending on your organization's tax status and the tax laws
unique to your state, county and/or municipality.
IE
11II
II
Agenda Item No. 22
Page 4 of 25
Granicus MediaManae:er™ Software
Granicus MediaManager™ consists of a set of web-based software tools designed to efficiently
organize and manage your public meeting and non-meeting content. These tools put the control of
web publishing, public meeting workflow and system reporting into the hands of non-technical
users.
Public Site:
Our solution includes several pages for your Internet users to access on-demand media and live
broadcasts. Users will use these pre-built pages to search out specific footage, and jump to specific
events within your audio/video archive. The Granicus solution also allows for a key word search
based on all of the index points associated with the complete library of video archives related to the
City. This functionality substantially increases the convenience of access to and use of meeting
archives. Around these core pages you can instantly control user access using a registration and log
in system. All public web pages are seamlessly integrated into your current website, so that the
look and feel of your site remains consistent.
Protected Administration Site:
As a client of Granicus, you will have access to a web based administrative site that will allow you
to create and manage archives, schedule and index live events, link documents and minutes of
meeting to the video, view real time usage reporting, and configure content distribution. You will
also have access to a series of video editing tools that can be used to enhance your on-demand
content once it has been broadcasted or encoded.
· Media Acquisition tools give you the ability to add audio and video content to your content
library from a variety of sources. Utilizing the Granicus Outcast™ encoder, live events can
be simultaneously broadcast and archived to the library easily and directly through the live
event manager. During a broadcast you can add times stamped data, such as agenda item
indices or slides, allowing you to create rich multimedia presentations. You are also given a
simple media import tool that can be used to import any pre-encoded content from your
desktop into your archive listing. Finally, the Granicus Outcast™ encoder, which is included
with MediaManager™ - Basic, can be used to encode your analog video by replacing the live
signal with that of a standard video playback device such as a standard VCR or DVD player.
In this scenario, the same capture tools for managing a live broadcast can be used to make
your valued offline content available online. Granicus also offers in house from encoding
from VHS or DVD as part of our professional services.
· Automatic Live Event Scheduler and Archive Publishing - Live events, such as City
Supervisors meetings, can be easily scheduled to be both broadcast live and archive through
the Granicus Live Event Manager. By utilizing this tool, the City will not require staff time
or technical assistance to start, stop or archive their live events. Archives are automatically
transferred from the Granicus OutCast™ encoder to the Granicus MediaCenter™ and
automatically published the web site of City. These features substantially decrease the need
for staff time to manage content creation and publishing to the web site of City .
11/
..
Agenda Item No. 22
Page 5 of 25
· Media Clip Administration provides clients the tools to create, edit, delete, index, trim and
merge digital video clips. Once the media is in the archive library you can utilize indexing
tools that allow you to set multiple "Jump To" points into the video, providing your end user
the ability to easily navigate your streaming content. Various other editing and organizational
tools allow you to modify your archives and add to the searchable Meta data associated with
each archive.
· Meeting Agenda Parser allows the City to index its video archives based on agenda item
titles, by automatically pulling the agenda item titles and descriptions from the agenda of the
City and loading them into the Granicus MediaManager™. These agenda item titles are than
loaded into the live event manager, which allows you to index your video in real time by
simply clicking on an agenda item title and pressing enter when the councilor board begins
discussing that issue. Other solutions, if they offer indexing, force you to manually retype
and load the text for each agenda item. The Agenda Parser feature assures quality indexing
and substantially decreases the staff time need to create indices.
· Searchable Indexes - Audio and Video archives, which are viewable over the Internet, can
be easily indexed with multiple jump points through the Granicus MediaManager™
software. These indexes allow users to jump directly to the specific point in the audio/video
archive of the City. The Granicus solution also allows for a key word search based on all of
the index points associated with the complete library of video archives of the City. For
example a key word search on "Water" will return to the user a direct link to all of the
audio/video archives, which discuss water usage in the City. This functionality substantially
increases the convenience of access to meeting archives.
· Searchable Closed Captioning - The Granicus solution supports the use of closed
captioning, and the association of the captioning with the streaming media. Captions are
viewable during live and archived streaming for full ADA compliance. For archived
meetings the captions can also be searched by key words allowing the user to jump to the
appropriate point in the video archive. In addition captions can also be used to create a
transcript for a particular agenda item through the Granicus MediaManager™ Software.
· Document Management enables documents to be manually loaded and linked to video
archives and directly associated to the appropriate agenda items, resulting in a searchable
archive that includes both the audio/video record of your meeting and the staff reports or
other documents that were used during the meeting. Cross-linking documents and
audio/video archives provide the most comprehensive records archive system available. To
improve the efficiency of integrating and linking your meeting documents with your meeting
audio / video see the Document management Integration option included with
MinutesMaker™.
· CD Download with Indexing - AudioNideo Archives can be quickly downloaded and
burned to CD by any administrator of the Granicus solution. The CD download also includes
the agenda item indexing information so users of the CD can still jump directly to the agenda
items they are interested in. This tool conveniently provides offline copies of your meetings
for those citizens without Internet access.
III
Agenda Item No. 22
Page 6 of 25
. Media Delivery subsystems, such as the Granicus StreamReplicator™ and MediaVault™,
maximize your existing infrastructure investment by allowing you to deliver content using
local storage and bandwidth when appropriate. These systems function transparently as part
of the Granicus solution, and complement the robust delivery architecture at the Granicus
MediaCenter™. No special training is required to operate these devices as they function
autonomously and are controlled by Granicus MediaManager™ software.
· Summary Reports provide you with detailed usage reports concerning: streaming requests,
average user bandwidth, outbound bandwidth, content popularity, and media storage usage.
· Complete Template Language - The Granicus MediaManager™ software uses a tag-based
template language to display all published content. This allows you to finely control the look
and feel of your video and video-related pages, and does not restrict your layout like a
header/footer based publishing system would. These templates can be easily managed
through our HTML editor by your webmaster.
. Views System - The views system is the counterpart to the template language. The Granicus
MediaManager™ software allows you to publish video archives and a list of upcoming live
broadcast to the web by creating views. To create a view you simply select the appropriate
template and specific content you would like to have published. For example, a City may
want to publish all of its City Council archives and the upcoming live broadcast of the City
Council meeting on one webpage. To do this simply select the City Council archive folder
and City Council event and then select the appropriate template. This will generate an HTML
web page with the appropriate look and feel and content. Link this page into your existing
website and your ready to go.
Agenda Item No. 22
Page 7 of 25
Granicus Mana2ed Services
Granicus has crafted the Managed Services program to compliment each individual solution and
ensure its success, regardless of your network environment or technical expertise. Implementing
this program provides each client expert attention and support. The Granicus Managed Services
program is based on four comprehensive components: storage and distribution management,
proactive systems management, continuous software upgrades and unlimited customer advocacy.
Storage and Distribution Management:
Most organizations are drawn toward the public accessibility that streaming offers; however,
Granicus recognizes that many organizations are not in a position to make the costly labor and
network infrastructure changes necessary to provide this service. Granicus resolves network
concerns by hosting your data and software at the Granicus MediaCenter.
· Extensive Archive Library. Your solution includes customized retention schedules for each
of your meeting bodies. Your solution also includes 200 hours of storage for non-meeting
related content. Regardless of the number of times each meeting body convenes, or how long
they convene for, your twelve months of meeting-related storage is guaranteed. The 200
hours dedicated to non-meeting content generally accommodates a large number of internal
trainings, emergency preparedness and public service announcements. Options to extend
your archive library beyond the standard package are also available
· Unlimited Bandwidth. Through the hosted model, Granicus offers every client unlimited
bandwidth. No matter how many simultaneous requests for audio/video content Granicus
fulfills, bandwidth expenses remain the same. Unlimited bandwidth facilitates reliable,
consistent streaming, even in governments and public agencies with limited IT resources.
Proactive Systems Management:
Granicus goes above and beyond traditional support models by using systems management
software to constantly monitor every component of your solution. Our systems management
software sends us immediate notification to if an error occurs. Our support professionals work
diligently to troubleshoot and resolve these issues remotely, so you are continually running with
minimal downtime. While clients are responsible for maintaining their own networks, operating
systems, video signal and client-procured hardware, our support team will notify and collaborate
with proper client personnel when malfunctions are affecting the integrity of your Granicus
solution.
Continuous Software Upgrades:
Granicus Managed Services ensures that your Granicus software is up-to-date with the latest
available security fixes, recommended updates and feature releases. Our feature release process
alerts clients when new software versions become available and guarantees that each client
experiences a successful update. Many of our new features are in response to the needs expressed
by our client family. As a result, we offer a simple, online method of submitting feature requests
through our Customer Service Portal.
"
,.
ill
III
Agenda Item No. 22
Page 8 of 25
Unlimited Customer Support:
The foundation of our customer philosophy is demonstrated by our dedication to immediate support
and unlimited access to the Granicus Customer Advocacy Team. Comprised of four specialty
groups, this team ensures each client the highest level of success with their Granicus solution. The
team combines Outside and Inside Advocates, who are expert trainers and client-relationship
managers, with skilled Technical Support Representatives and Web Designers, who go behind the
scenes to resolve outstanding issues. Personalized attention, incident response, and on-demand
solutions drive our Customer Advocacy philosophy, which is committed to maintaining the
technical integrity of every Granicus solution throughout its lifecycle.
· Personalized Attention. Granicus Customer Advocacy philosophy dictates that each client
is ensured an Outside Advocate as part of their Managed Services. Outside Advocates not
only prepare clients to go live with our solution, they also pro actively monitor their client's
progress. This is accomplished using a sophisticated customer success matrix that helps
Advocates determine if their client needs additional training and/or services. As a client's
main point of contact for the longevity ofthe relationship, Advocates develop a unique
understanding of the client's processes, technical requirements and training needs. Advocates
communicate this knowledge to the rest of the team to ensure smooth and accurate
resolutions that meet the client's satisfaction.
· Rapid Incident Response: When issues arise, the Customer Advocacy team is standing by
ready to deliver proactive advisory and responsive services. Outside Advocates, Inside
Advocates and Technical Support Representatives are all available by phone and email to
provide technical and strategic incident management during regular business hours: 5am-7pm
PST. Granicus Customer Advocacy provides complete support for incident diagnosis and
resolution. If a system problem involves complex support procedures, a Case (or help ticket)
is created and sent to our support professionals for assessment. Throughout the resolution
process, clients are updated with their Case status to guarantee timely and effective progress.
Our dedicated support team devotes their complete attention and expertise to the Case until it
is resolved and closed. We also provide 24-hour emergency phone support to safeguard our
clients from any irregularities during evening meetings.
· Customer Service Portal. Granicus Managed Services means a proprietary knowledgebase
is just a few mouse clicks away. The Customer Service Portal (CSP) provides all clients with
24/7 access to on-demand support and mentorship. The CSP allows users to access
documentation, research solutions to commonly encountered issues or post questions or
comments in the User Forum. Additionally, clients may report problems by logging into our
secure Portal and opening a Case online. Such Cases are instantaneously entered into the
Granicus support queue for quick and efficient problem isolation and response by our
Technical Support Representatives. Additionally, clients may continue to expand their
knowledge base by attending online classes offered through Granicus UniversityTM. These
free, online training sessions are held weekly by our professional Advocates. Upon request,
online classes may be specially customized to fit your organization's needs. Furthermore,
Granicus offers an annual User Conference filled with innovative classes, collaborative
learning and one-on-one training assistance.
II
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Agenda Item No. 22
Page 9 of 25
Granicus Professional Services
Granicus takes a proactive approach to every product implementation. Our professionals lay a
foundation for success by analyzing your business requirements and developing a deployment plan
that speaks to your unique needs. The Professional Services model includes a dedicated team to
manage each step of the process, from design and configuration to testing and implementation.
Granicus exceeds traditional deployment services with personalized project planning and staff
transitioning plans. All components of our personalized service model coalesce to smoothly
integrate your Granicus solution into your current network environment and day-to-day operations.
Network Assessment. A solid network assessment is part of Granicus' preemptive strategy to
eliminate network susceptibilities before they affect your streaming operations. Through testing
and analysis, deployment engineers work with appropriate personnel to design a solution that
fulfills the unique requirements of your network infrastructure. Completion of the network
assessment phase verifies that your existing infrastructure is properly configured for a successful
deployment.
System Deployment. Flexible deployment options empower organizations to bring implementation
goals into alignment with existing staff and budget limitations. By adjusting roles and
responsibilities, our three deployment options meet a variety of needs without compromising
quality. Every system deployment includes installation, configuration and validation.
· Remote: Remote deployments are ideal for organizations aiming to meet budget constraints.
Using this cost-effective method, clients take the lead in acquiring hardware assets, while
Granicus Deployment Engineers utilize remote access to perform configuration and
installation.
Website Integration. Customized website integration drives your global audience to a
user-friendly portal of on-demand content that is accessible from your website. A dedicated Web
Designer builds fully customized archive pages and player templates that replicate your website's
current look and feel. An archive page serves as the interface of your video library with a
comprehensive list of live and on-demand content. The player template dictates user experience
when viewing live or archived video content. Together, the archive page and player template
organize your content in a user-friendly fashion that will keep your constituents coming back.
..
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111
Agenda Item No. 22
Page 10 of 25
Training. Granicus Professional Services offers a training program that is unparallel in quality.
Our Customer Advocacy department exceeds premier service organizations by extending a
personalized Customer Advocate to maximize the value of your newly installed and configured
system. Through pre-training consultations, your Customer Advocate defines your organization's
training needs and creates a transition plan that migrates staff members and workflows into your
Granicus environment. Advocates take a leading role in project management by serving as the
primary contact and working with our Deployment Engineers and Web Designers to confirm
system installation, configuration and validation. Next, your Customer Advocate travels to your
location to educate individual staff members about their unique role in the Granicus solution. User
training is designed to offer comprehensive instruction on how to utilize the Granicus system in the
before, during and after-meeting stages. From streaming a live event to capturing motions and
votes, our skilled Advocates provide hands-on instruction in the comfort of your meeting and
legislative environment.
Document Templates. Our MinutesMaker and V oteCast solutions produce agenda and minutes
documents that resemble your print versions but offer constituents much more in terms of
functionality. Each agenda or minutes item is a live link that takes viewers directly to the relevant
portion of the audio/video. In order to ensure the visual integrity of your online documents, a
Granicus engineer assesses your current format and customizes an HTML-enhanced document
template that closely resembles the original. Granicus Professional Services is dedicated to
satisfaction by providing a template that maintains the high formatting standards of your original
documents.
'"
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Agenda Item No. 22
Page 11 of 25
Granicus MediaCenter™
Comprised of two world-class data centers, the Granicus MediaCenter is at the core of our hosted
service model. MediaCenter servers store and distribute the audio/video streaming files,
applications and deployment services that complete each Granicus solution. This design alleviates
your organization of unwanted network congestion while meeting and exceeding the highest
industry standards and compliance requirements with 24/7/365 power, cooling, connectivity and
security capabilities.
. Storage and Distribution. Granicus facilitates the creation of a robust archive library
without the costly purchase of memory. The large files contained in your archive library,
such as videos, agendas, minutes and supporting legislative documents sit on our servers
outside your network. Staff and constituent requests for content are sent directly to our
MediaCenter. The MediaCenter fulfills all requests at optimum speeds through our unlimited
bandwidth model.
. Application Performance. At the heart of each Granicus solution is MediaManager™, a
web-based application that drives your live and on-demand streaming and legislative
operations from our MediaCenter. By placing this critical application into the hands of our
MediaCenter, it is secured around the clock by onsite engineers who ensure optimum
network and power availability. MediaCenter houses a number of other integral applications,
such as Audio-Video Podcasting, RSS Feeds and our Video Search Engine.
. Deployment Services. Granicus MediaCenter facilitates the centralization of our deployment
process. As a result, we offer flexible options that minimize the complications of
Enterprise-wide software integrations. Beyond deployment, the MediaCenter augments the
effectiveness of your solution with on-going updates and new versions.
. Data Redundancy and Security. In the event of a national disaster, hardware malfunction,
or application failure, Granicus MediaCenter delivers business continuity by ensuring the
availability of your day-to-daystreaming operations. The Granicus defense strategy
mandates automatic data replication between world-class data centers in San Francisco, CA
and Ashburn, VA. This collocation strategy ensures security while delivering mission critical
content to clients across the nation.
World-Class MediaCenter
. Hosted environment for consistent service
. 2 locations for optimum redundancy
. 24 hour engineers onsite
. Redundant Power capacity on an Independent Power Grid
. Biometrically secured 24 hours a day, 7 days a week, 365 days a year
. Climate Controlled
. Superior, redundant bandwidth providers
Ag'enda Item No. 22
Page 12 of 25
Granicus Outcast™ Encoder - Feature Rich Encodin2
The Granicus Outcast encoder coupled with the Granicus MediaManager™ Software makes live
streaming and archiving a simple and hands off process. Most encoders simply convert an audio
video signal into a digital format that can be used for streaming; the Granicus Outcast™ does much
more. Using the Granicus Outcast™ with your Granicus solution allows for live indexing,
synchronized captioning and automatic archiving and file transfer to distribution servers. Your
Outcast encoder is also monitored and maintained by Granicus as a part of your monthly managed
services.
Granicus OutCast~b Encoder
How it Works
The Granicus Outcast Encoder has a video capture card (Osprey 230 by Viewcast) placed into the
PCI slot of on the Outcast encoder server. It is important to get a clean video and/or audio signal to
the Osprey card. The Osprey comes with an "octopus" cable that accepts the following physical
connections:
Video:Composite (BNe), S-Video
Audio: Balanced stereo (2 x XLR), Unbalanced stereo (2 x RCA)
While broadcasting a live event, the on-site Granicus Outcast™ Encoder receives your A V signal
and converts it from analogue to digital. Next, it converts the signal to the Windows Media format
(multiple bit rates are supported). While streaming live, the outcast encoder also writes a copy of
the Windows Media file to the encoder server's the hard drive. During the encoding process, the
ender is responsible for adding the index points and closed captioning meta data to the live event
and archive file. When the event is over, the encoder will then automatically transfer the archive
file to the hosted and client side distribution servers. When the file transfer is complete,
MediaManager will automatically publish links to the integrated public record.
Agenda Item No. 22
Page 13 of 25
EXHIBIT "B"
City of Lake Elsinore
FY 2008/09-2012/13 Capital Improvement Program
Project Description
Project 10 No.:
Project Number:
Project Type:
GEN - 0042
New
E-Gov Initiative Phase II Technology Purchases
Online e-government service purchases with 3rd party vendors that integrate with City Enterprise
Systems to provide citizens with timely information.
Description:
Location:
City Wide
PITD Actual
Costs & Carryforward
Encumbrance Budget Avail. FY 2008 - FY 2009 - FY 2010 - FY 2011 - FY 2012
Funding Source s at 3-31-08 at 3-31-08 2009 2010 2011 2012 2013 Total
105 - General Fund $ - $ 25,000 $25,000
- -
- -
- -
- -
- -
- -
Total Funding $ - $ . $ 25,000 $ . $ - $ - $ . $ 25,000
Project Costs
Design - $0
Env. Permit - -
R/W - -
Admin - -
Construction Cost - -
Contingency - -
Other $ - $ 25,000 $ - 25,000
Total Project Costs $ - $ . $ 25,000 $ . $ - $ - $ - $ 25,000
PITD=Project Inception to Date
70
Agenda Item No. 22
Page 14 of 25
GRANICUS, INC.
SERVICES AGREEMENT
TIDS AGREEMENT, dated as of ----.J 2008 is between GRANICUS, INC.,
a California Corporation and the City of Lake Elsinore (the "Client").
A. Granicus, Inc. has developed a streaming media solution and Media Management
Software that specializes in Internet Broadcasting.
B. The Client desires to (i) purchase the Granicus Solution which will facilitate
streaming and distribution of live and archived video and audio content, (ii) engage Granicus, Inc.
to integrate its Media Management Software onto the Client's existing website, and (iii) contract
with Granicus, Inc. to administer the Streaming Solution through a Managed Services solution.
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements,
covenants, representations and warranties herein contained, the parties hereto agree as follows:
1. GRANICUS SOLUTION~ INSTALLATION~ MAINTENANCE~ PAYMENT.
1.1 Installation of Granicus Solution.
(a) Granicus, Inc. shall have the following obligations in connection with the
installation of the Granicus Solution:
(i) install, set-up and test the Granicus Solution, including, if
necessary, installing the computers, and loading any necessary software;
(ii) conduct one initial "train the trainer" training session, using a
combination of written procedures (in English) and hands-on training, on the use
of the Granicus Solution; and
(b) The Client shall have the following obligations in connection with the
installation of the Granicus Solution:
(i) provide physical space at the site locations that is appropriate and
sufficient for the Granicus Solution, including a controlled access area for the
computers and associated hardware, equipment and accessories; and
(ii) Compensate all costs related to the installation and deployment of
the Granicus solution as described in Section 1.3.
(iii)
Section 5.2.
Compensate all Managed Services payments as described In
1.2 Maintenance of Equipment.
(a) For three (3) years after the Purchase Date, Granicus, Inc. shall repair or
replace any Dell or Tangent Equipment, provided directly from Granicus, Inc., that fails to
1
V~g~.ljem No. 22
Page 15 of 25
function properly due to normal wear and tear, provided that any such failure is not
covered by insurance maintained by the Client. For one (1) year after the Purchase Date,
Granicus, Inc. shall repair or replace all other Equipment, provided directly from Granicus,
Inc., that fails to function properly due to normal wear and tear, provided that any such
failure is not covered by insurance maintained by the Client. Granicus, Inc. shall not be
responsible, however, for any such failure that is due to other causes, such as power surge,
fire, flood or other casualty, accident, vandalism, misuse or abuse, alteration of the
Equipment or failure of the Client to maintain a proper environment or otherwise properly
care for the Equipment.
(b) Granicus, Inc. has the technology in place to continually monitor all
equipment and should any malfunction appear Granicus, Inc. shall immediately notify the
Client. Granicus, Inc. shall respond to requests to repair or replace any non-functioning
Equipment, provided directly from Granicus, within twenty-four (24) hours from the time
that notice is received, and the Client shall grant Granicus, Inc. or its Representative's
access to the Equipment for this purpose at reasonable times. Granicus, Inc. will keep the
Client informed regarding the time frame and progress of the repairs or replacements.
(c) Granicus, Inc. shall offer continuous customer support to the Client and
shall be dedicated to ensuring that the Client is completely satisfied with Granicus products
and services. Granicus staff shall be available to the Client twenty-four (24) hours a day,
three-hundred and sixty-five (365) days a year, via the customer support lines. All support
numbers are listed at the end of this Agreement.
1.3 Payment.
(a) Upon execution of this Agreement, Granicus, Inc. shall invoice and the
Client agrees to pay Granicus, Inc. fifty percent (50%) of the cost of software and services
as outlined in the Proposal and the first month's Managed Service Fees, totaling five
thousand, eight hundred and ninety-six dollars and eighty-eight cents ($5,896.88).
(b) Upon the successful delivery of Equipment, Granicus, Inc. shall invoice
and the Client agrees to pay Granicus, Inc. the cost of hardware (including shipping costs)
in full as outlined in the Proposal, totaling five hundred and nine dollars and eighty-seven
cents ($509.87).
(c) Upon the successful completion of Client training, Granicus, Inc. shall
invoice and the Client agrees to pay Granicus, Inc. the remaining fifty percent (50%) of the
cost of software and services as outlined in the Proposal, totaling four thousand, nine
hundred and eighty-five dollars and sixty-nine cents ($4,985.69).
(d) Client agrees to pay all invoices from Granicus, Inc. within thirty (30) days
of receipt of invoice.
2. USE OF MEDIA MANAGEMENT SOFTWARE.
2.1 Use. Granicus, Inc. agrees to provide Client with a Revocable, non-transferable
and non-exclusive account to access the Media Management Software; and grants Client a
Revocable, non-sublicensable, non-transferable and non-exclusive right to use the Media
Management Software. The Media Management Software is proprietary to Granicus, Inc., and
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protected by intellectual property laws and international intellectual property treaties. Client's
access to, and use of the Media Management Software is licensed and not sold. Client will be
responsible for any applicable costs and taxes associated with Client's use of the Services, or use of
the Services through Client's account.
3. CONTENT PROVIDED TO GRANlCDS. INC.
3.1 Responsibility for Content. The Client shall have sole control and responsibility
over the determination of which data and information shall be included in the Content that is to be
transmitted, including, if applicable, the determination of which cameras and microphones shall be
operational at any particular time and at any particular location. The Client shall not provide to
Granicus, Inc., or permit to be provided to Granicus, Inc., any Content that (a) infringes or violates
any third parties' Intellectual Property Rights, rights of publicity or rights of privacy, (b) contains
any defamatory material, or (c) violates any federal, state, local or foreign laws, regulations or
statutes.
4. OWNERSHIP: INTELLECTUAL PROPERTY RIGHTS & SECURITY.
4.1 Content Ownership. The Client shall own all right, title and interest in and to all
Content on a worldwide basis, including, without limitation, all Intellectual Property Rights
relating thereto, (i) with respect to Content captured by cameras or microphones at the venue, at the
time such Content is so captured and prior to the time it is transmitted to the computer at the venue
and (ii) with respect to all other Content, at the time such Content is transmitted or otherwise
provided to Granicus, Inc. pursuant to this Agreement. To the extent that any such Content is
protectable by copyright, such Content shall be deemed to be ''works made for hire" under the
copyright laws of the United States.
4.2 Trademark Ownership and License.
(a) The Client shall retain all right, title and interest in and to its Trademarks,
including any goodwill associated therewith, subject to the limited license granted to
Granicus, Inc. pursuant to Section 4.2 hereof.
(b) Granicus, Inc. shall retain all right, title and interest in and to the Granicus,
Inc. Trademarks, including any goodwill associated therewith, subject to the limited
license granted to the Client pursuant to Section 4.2 hereof.
(c) Each party grants to the other a non-exclusive, non-transferable (other than
as provided in Section 6.1 hereof), limited license to use the other party's Trademarks as is
reasonably necessary to perform its obligations under this Agreement, provided that any
promotional materials containing the other party's trademarks shall be subject to the prior
written approval of such other party, which approval shall not be unreasonably withheld.
(d) Neither party shall use the other party's Trademarks in a manner that
disparages the other party or its products or services, or portrays the other party or its
products or services in a false, competitively adverse or poor light. Each party shall
comply with the other party's requests as to the use of the other party's Trademarks and
shall avoid any action that diminishes the value of such Trademarks.
4.3 Security of Data.. Granicus, Inc. will take commercially reasonable efforts to
protect and control access to Client Content. However, Granicus, Inc. makes no guarantee and
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assumes no liability for the security of any of Client Content or other data provided to Granicus,
Inc., including any of Client Content or data placed on any servers including "secure servers."
Client will be responsible for the creation and protection of username and password. In no event
shall Granicus, Inc. be liable for any direct, indirect or other damages arising out of any breach of
security or otherwise.
5. MANAGED SERVICES FEES
5.1 Terms of Agreement
(a) Granicus, Inc. agrees to provide the Client the hosting, storage, and
bandwidth necessary for the Client to broadcast its content to the Internet for at least one
(1) year in accordance with the Granicus Managed Services defmed in the Proposal.
(b) The Client agrees to purchase hosting, storage, and bandwidth necessary
for the Client to broadcast its content to the Internet for at least one (1) year in accordance
with the Granicus Managed Services defined in the Proposal.
5.2 Payment of Maintenance Fees
(a) Upon execution of this Agreement, the Client agrees to pay Granicus, Inc.
the first month's Managed Service Fees as described in Section 1.3.
(b) Upon completion of training, the invoicing for the monthly Managed
Service Fees shall begin. Client agrees to pay all invoices from Granicus, Inc. within thirty
(30) days of receipt of invoice.
5.3 Cancellation of Managed Service Plan
(a) In the event of a cancellation of Managed Services by Client within twelve
(12) months of the "Live" date, the Client will be responsible for paying the amount due
for the remainder of the first year.
(b) Cancellation of the Client's Managed Services will also result in the
immediate termination of the Client's Media Management Software license as described in
Section 2.1.
6. CONFIDENTIAL INFORMA nON & OWNERSIDP.
6.1 Disclosure. Except to the extent necessary as contemplated by this Agreement,
each party agrees not to disclose any Confidential Information to any person and agrees to use its
best efforts to prevent inadvertent disclosure of any Confidential Information to any person.
Without limiting the generality of the preceding sentence, each party agrees to treat the
Confidential Information of the other party with at least the degree of care that such party treats
similar information of its own. Each party may disclose such Confidential Information to a court
or other governmental authority to the extent that such disclosure is required by governmental
order or by law; provided that the receiving party shall (i) notify the disclosing party in writing of
such required disclosure as soon as reasonably possible prior to such disclosure, specifying in detail
the reasons why such disclosure is required, (ii) use its commercially reasonable efforts at its
expense to cause such disclosed Confidential Information to be treated by such governmental
authority as trade secrets and as confidential, and (iii) use its commercially reasonable efforts at its
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expense to obtain such other protective orders and protections with respect thereto as the disclosing
party may reasonably request.
6.2 Use. Each party agrees not to use any Confidential Information for any purpose
whatsoever except to the extent necessary as contemplated by this Agreement. Each party agrees
not to disclose the Confidential Information to any of its Representatives except those who are
required to have the Confidential Information in connection with such purpose and then only if
such Representative is either subject to a written confidentiality agreement that would cover the
confidential treatment of the Confidential Information or otherwise subject to fiduciary obligations
of confidentiality that would cover the confidential treatment of the Confidential Information.
6.3 Termination of Confidentiality Obligations. The obligations of this Section 6 shall
terminate with respect to any particular portion of the Confidential Information when receiving
party can prove by appropriate documentation that such Confidential Information (a) was
previously known to the receiving party as shown by the receiving party's files at the time of
disclosure thereof, (b) was already in the public domain at the time of the disclosure thereof, or (c)
entered the public domain through no action of the receiving party subsequent to the time of the
disclosure thereof.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
7.1 Disclaimer of Warranty. EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY IN CONNECTION WITH THE
SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL
IMPLIEI? WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES
REGARDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.2 Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE
FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR
LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE,
REGARDLESS OF WHETHER THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8. TERM AND TERMINATION.
8.1 Term. The term {)f this Agreement shall commence on the date hereof and shall
continue in full force and effect for one (1) year after the date hereof. This Agreement shall
automatically renew for additional three (3) terms of one (1) year each, unless either party notifies
the other in writing at least thirty (30) days prior to such automatic renewal that it does not wish to
renew this Agreement.
8.2 Termination. This Agreement may be terminated, in whole or in part, pursuant to
the following terms and conditions:
(a) by mutual written consent of the parties hereto;
(b) by either party if there has been a material default or breach on the part of
the other party in any of its representations, warranties, covenants or obligations contained
in this Agreement and such default or breach is not cured within ninety (90) days following
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written notice from the non-breaching party;
8.3 Obligations Upon Termination. Upon any termination of this Agreement, the
following shall apply:
(a) The parties shall remain responsible for any payments that have become
due and owing as of the effective date of termination.
(b) The provisions of Articles 6 and 7 hereof (together with all other
provisions that reasonably may be interpreted as surviving termination of this Agreement)
shall survive termination of this Agreement and continue in full force and effect.
(c) Except as provided in Article 8 hereof, no party shall have any liability
upon any termination of this Agreement.
9. MISCELLANEOUS.
9.1 Assignment~ Successors and Assigns. Neither this Agreement nor any rights or
obligations herein may be assigned by either party, by operation of law or otherwise, without the
written consent of the other party; provided, however, that, without the consent of the Client,
Granicus, Inc. may assign this Agreement in connection with a merger, consolidation, assignment,
sale or other disposition of substantially all of the assets or business relating to the portion of the
Granicus, Inc.' operations that is the subject of this Agreement. This Agreement shall be binding
on and inure to the benefit of the parties hereto and their heirs, legal representatives, successors and
permitted assigns.
9.2 Amendment and Waiver. This Agreement may be amended, modified, waived or
canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the
party waiving compliance. No failure or delay by either party in exercising any right or remedy
under this Agreement shall waive any provision of this Agreement nor shall any single or partial
exercise by either party of any right or remedy under this Agreement preclude either of them from
otherwise or further exercising these rights or remedies or any other rights or remedies granted by
any law or any other document.
9.3 Governing Law. The laws of the State of California shall govern the validity,
construction, and performance of this Agreement, without regard to the conflict of laws provisions
of any jurisdictions. Any legal proceeding related to this Agreement shall be brought in an
appropriate California court, and each of the parties hereto consents to the exclusive jurisdiction of
that court for this purpose.
9.4 Construction. Wherever possible, each prOVISIon of this Agreement shall be
interpreted so that it is valid under applicable law. If any provision of this Agreement is to any
extent invalid under applicable law in any jurisdiction, that provision shall still be effective to the
extent it remains valid. The remainder of this Agreement also shall continue to be valid, and the
entire Agreement shall continue to be valid in other jurisdictions.
9.5 Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall constitute an original, but all of which, when taken together, shall constitute one and
the same instrument.
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9.6 Entire Agreement. This Agreement supersedes all previous and contemporaneous
oral negotiations, commitments, writing, and understandings among the parties hereto concerning
the matters in this Agreement.
9.7 Notices. All notices and other communications required or permitted under this
Agreement must be in writing and must be hand delivered or sent by registered fIrst-class mail,
postage prepaid or by overnight courier service. Such notices or other communications shall be
effective upon receipt if hand delivered, and ten (10) business days after mailing (or, for overnight
courier, the number indicated in the mailing instructions) if sent, in the case of the Client, to the
address set forth below and, in the case of Granicus, Inc., to its principal executive offices to the
attention of the Chief Executive Officer, or at such other address for a party as may be specified by
like notice.
9.8 SpecifIc Performance; Remedies Cumulative. The parties acknowledge that a
breach of this Agreement shall result in irreparable and continuing damage and cannot be
adequately compensated for by money damages and agree that specific performance is an
appropriate remedy for any breach or threatened breach hereof. Accordingly, in addition to any
other remedies available to a party at law, in equity or by statute, the parties (a) consent to the
issuance of any injunctive relief or the enforcement of other equitable remedies against it (without
bond or other security) to compel performance of any of the terms of this Agreement, and (b)
waive any defenses thereto, including without limitation, the defenses of failure of consideration,
breach of any other provision of this Agreement, and availability of relief in damages. All
remedies, whether under this Agreement, provided by law, or otherwise, shall be cumulative and
not alternative.
9.9 Mediation and Arbitration. If any dispute, controversy or claim arises under this
Agreement, the parties shall negotiate in good faith to settle the matter. If the parties are unable to
resolve the matter within a reasonable time, the parties shall submit the matter to mediation by a
trained mediator approved by both parties, the cost of which shall be shared equally by the parties.
Any dispute, controversy or claim arising under this Agreement not resolved through mediation
within a reasonable period of time (not to exceed ninety (90) days) shall be fInally settled by
arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration
Association in effect on the date of this Agreement by a single arbitrator appointed in accordance
with such Rules. The appointing authority shall be the American Arbitration Association. The
parties shall share the costs of any arbitration equally, unless the award of the arbitrator provides
otherwise. The arbitrator's award shall be non-appealable and enforceable in any court of
competent jurisdiction. The place of mediation or arbitration shall be San Francisco, California.
Nothing in this Section 9.9 shall preclude any party from seeking injunctive relief or other
equitable remedies (whether prior to or during such mediation or arbitration) if necessary to protect
the interests of such party.
10. DEFINITIONS.
In addition to the capitalized terms otherwise defined herein, the following additional
capitalized terms shall have the meanings set forth below, unless the context clearly otherwise
requITes:
10.1 "Confidential Information" shall mean all business, technical and other
information (including without limitation, all product, services, financial, marketing, engineering,
research and development information, product specifications, technical data, data sheets,
programs, software, inventions,. processes, know-how, chip designs, mask works, designs,
7
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drawings and any other documentation), disclosed from time to time by the disclosing party to the
receiving party, directly or indirectly in any manner whatsoever (including without limitation, in
writing, orally, electronically, in all types of disks, diskettes, computer memory or storage or other
media, or by drawings or inspection of physical items, and whether or not modified or merged into
other materials); provided, however, that the term "Confidential Information" shall not include the
Content that is intended to be published on the Website.
10.2 "Content" shall mean any and all, documents, graphics, video, audio, images,
sounds and other content that is streamed or otherwise transmitted or provided by, or on behalf of,
the Client to Granicus, Inc.
10.3 "Granicus Solution" shall mean the product specified 10 Client's proposal
henceforth identified as Proposal hereto.
lOA "Equipment" shall mean the hardware components of the Granicus Solution.
10.5 "Purchase Date" shall mean the date on which Granicus purchases Equipment
from the manufacturer on behalf of the Client.
10.6 "The Proposal" shall mean the document which specifies the Products or Services
the Client chooses to utilize from Granicus, Inc.
10.7 "Media Management Software" shall mean all software included with the Granicus
Solution including but not limited to the web application used to administer streaming media.
10.8 "Intellectual Property Rights" shall mean all right, title and interest in and to any
and all intellectual property rights throughout the world, including, without limitation, any and all
patents, patent applications, copyrights, copyright applications, moral rights, trademarks, trade
secret rights, rights to know-how, inventions and algorithms, and any and all similar or equivalent
rights throughout the world.
10.9 "Representatives" shall mean the officers, directors, employees, agents, attorneys,
accountants, f10ancial advisors and other representatives of a party.
10.10 "Trademarks" shall mean, with respect to each party to this Agreement, all
trademarks, trade names and logos of such party listed on Exhibit A attached hereto and any other
trademarks, trade names and logos that such party may specify in writing to the other party from
time to time.
10.11 "Managed Services" shall mean monthly fees paid to Granicus, Inc. by Client for
bandwidth usage associated with live and archived Internet streaming, data storage, and Granicus
Solution maintenance and monitoring.
10.11 "Live" shall mean the time at which "Managed Services" are activated and
monthly billing begins.
10.12 "Revocable" shall mean that Client's right to use or access the media management
software shall be annulled because Client has either discontinued their use of a Granicus Managed
Services program, failed to pay any Granicus fees for more than thirty (30) days, or breached the
terms of this Agreement.
8
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date fIrst
above written.
GRANICUS, INC.
.~[~
By: ....~ .
Thomas A. -pe~
Its: Chief Executive Officer
Address:
568 Howard St., Suite 300
San Francisco, CA 94105
CLIENT
By:
Nrume: Robert A. Brady
Its: City Manager
Address:
130 S. Main Street
Lake Elsinore, CA 92530
Date:
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Granicus. Inc. Support Information
Address:
Granicus, Inc.
568 Howard Street, Suite 300
San Francisco, CA 94105
Phone:
Direct (8:00am to 6:00pm Pacific time): 415-357-3618
Toll Free (8:00am to 6:00pm Pacific time): 877-889-5495
On-call Technical Support (available 24 hours, 7 days a week): 415-637-0520
Fax: 415-618-0201
Web:
Site: www.granicus.com
Email: support@granicus.com
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Page 24 of 25
Granicus Registered Trademarks @
, granicus"
Granicus logo as a mark
Granicus Trademark Names ™
OutCast™
MediaManager™
MediaVault™
StreamReplicator™
MobileEncoderTM
MinutesMaker™
Client Trademarks
EXHIBIT A
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Page 25 of 25
CITY OF !"7~
LAKE ,e;,LSiNORI:
Y DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: AGREEMENT WITH RIVERSIDE COUNTY TO PROVIDE ROAD
MAINTENANCE ON PORTIONS OF LOST ROAD AND NAVAJO
SPRINGS ROAD
Backaround
On May 24, 2007, the City of Lake Elsinore submitted an application to the Riverside
Local Agency Formation Commission (LAFCO) for the annexation of 246.4 acres
located south of Canyon Hills. Road west of Lost Road in Riverside County. This
annexation, identified as "Annexation No. 75", was processed through the City's
Planning Commission on February 26, 2006, and approved by the Council on April 11,
2006. On October 26, 2006, LAFCO adopted Resolution No. 120-06 conditionally
approving Annexation No. 75. One of the conditions, the subject of this Staff Report,
required the City to enter into an agreement with Riverside County for the maintenance
of a segment of Lost Road and Navajo Springs Road.
Discussion
Lost Road and Navajo Springs Road is located east of Lost Road just south of the
Canyon Hills development. In order to complete the annexation, LAFCO has required
the adoption of a roadway maintenance agreement between the City of Lake Elsinore
and Riverside County. A 24-foot wide segment of this roadway will be located within the
County's jurisdiction extending from the tract boundary on Navajo Springs Road to the
intersection of Navajo Springs Road and a 30-foot segment on Lost Road. The
agreement includes the roadway segment of Lost Road between Navajo Springs Road
and the City Limits. However, the balance of both Navajo Springs Road and Lost Road
will remain within the County. Consequently, the attached agreement identifies the
maintenance and jurisdictional responsibilities between the County and the City for this
segment of Navajo Springs Road and Lost Road.
Agenda Item No. 23
Page 1 of 21
Road Maintenance Agreement
June 24, 2008
Page 2
Fiscal Impact
In the initial two to three years, the roadways will be new and need minimal attention,
then regular maintenance will be conducted as required.
Recommendation
Approve the Road Maintenance Agreement between the City of Lake Elsinore and
Riverside County in substantially the form attached and authorize the Mayor to execute
the Agreement in such final form as approved by the Director of Public Works and the
City Attorney.
Prepared by:
Ken A. Seumalo ~f)
Director of Public Works
Robert A. 8rad~
City Manager ~
Approved by:
Attached:
Agreement with Riverside County
Agenda Item No. 23
Page 2 of 21
ROAD MAINTENANCE AGREEMENT
This Road Maintenance Agreement (the "Agreement") is made and entered into
this _ day of , 2008 by and between the CITY OF LAKE
ELSINORE, a municipal corporation, (hereinafter referred to as "City") and the
COUNTY OF RIVERSIDE, a political subdivision of the State of California,
(hereinafter referred to as "County").
RECIT ALS:
WHEREAS, Trumark Companies, LLC owns approximately 246.4 acres of land
located generally between Lost Road and Cottonwood Canyon Road adjacent to the
Canyon/Cottonwood Hills Specific Plan approved for annexation into the City of Lake
Elsinore, more particularly shown in Exhibit A attached hereto (the "Property"); and
WHEREAS, on May 24, 2007, pursuant to the terms of the Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000 (the "Cortese Knox Act"), the
City filed an application with the Riverside Local Agency Formation Commission
("LAFCO") to annex into the City's corporate boundaries certain parcels of the Property,
which in the aggregate consist of approximately 246.4 net acres and which are more
particularly described in Exhibit A and mapped out in Exhibit A (hereinafter referred to
as the "Annexation Property"); and
WHEREAS, on February 26, 2006, the Lake Elsinore Planning Commission
adopted Resolution 2006-15, recommending that the City Council of the City of Lake
Elsinore approve General Plan Amendment No. 2005-08, Resolution 2006-16,
recommending that the City Council of the City of Lake Elsinore approve Zone Change
No. 2005-09, and Resolution 2006-17, recommending that the City Council of the City of
Lake Elsinore commence proceedings to annex the Property into the corporate
boundaries of the City ("Annexation No. 75"); and
WHEREAS, on April 11, 2006, the Lake Elsinore City Council adopted
Resolution 2006-15, approving General Plan Amendment No. 2005-08, Resolution 2006-
16, approving Zone Change No. 2005-09, and Resolution 2005-68, commencing
proceedings to annex the Property, and preliminarily approved, after first reading,
Ordinance No. 1152, approving Zone Change No. 2005-09; and
WHEREAS, on July 26, 2005, upon second reading of Ordinance No. 1152, the
Lake Elsinore City Council formally adopted Zone Change No. 2005-09; and
WHEREAS, on October 26, 2006, LAFCO adopted Resolution No. 120-06,
approving LAFCO 2006-105-1 &3, amending the Sphere of Influence of the City of Lake
Elsinore (Addition) and Removal from the Wildomar Unincorporated Community; and
Agenda Item No. 23
Page 3 of 21
WHEREAS, on January 16, 2007, the City of Lake Elsinore Planning
Commission adopted Resolution No. 2007-06, recommending that the City Council of
the City of Lake Elsinore certify Environmental Impact Report No. 2006-02, Resolution
No. 2006-09, recommending that the City Council of the City of Lake Elsinore approve
Specific Plan No. 2006-01, Resolution No. 2006-08, recommending that the City Council
of the City of Lake Elsinore approve General Plan Amendment No. 2006-04, and
Resolution No. 2007-10, recommending that the City Council of the City of Lake
Elsinore approve Tentative Tract Map No. 34249, and;
WHEREAS, on January 23, 2007, the City of Lake Elsinore City Council
adopted Resolution No. 2007-04, certifying the Environmental Impact Report No. 2006-
02, Ordinance No. 2107, approving Specific Plan No. 2006-01, Resolution No. 2007-06,
approving General Plan Amendment No. 2006-04, and Resolution No. 2007-07,
approving Tentative Tract Map No. 34249, and;
WHEREAS, with regard to Annexation No. 75, the City complied with all pre-
annexation requirements as set forth in the Cortese Knox Act and the LAFCO local rules
and procedures; and
WHEREAS, on May 24, 2007, LAFCO adopted Resolution No. 57-07,
conditionally approving Annexation No. 75 (LAFCO 2007-05-1&3) such that LAFCO
will not record a Certificate of Completion for Annexation No. 75 until such time that the
City satisfies one condition; and
WHEREAS, the condition requires that the County enter into an agreement with
the City regarding maintenance of only those segments of Lost Road and Navajo Springs
Road between the annexation boundaries and the current City boundary that prior to
Annexation No. 75 was a thirty foot (30') public road for Lost Road, and a twenty four
(24') road for Navajo Springs Road, both of which were under the County's jurisdiction
and which after approval of Annexation No. 75 will remain a public right-of-ways within
the County's jurisdiction, and which are more particularly described in Exhibit Band
depicted in Exhibit B (hereinafter referred to as the "Road Maintenance Area"); and
WHEREAS, it is the parties intent to enter into this Road Maintenance
Agreement in satisfaction ofthe condition of approval for Annexation No. 75.
NOW, THEREFORE, IN CONSIDERATION OF THE FORGOING
RECITALS, WHICH ARE INCORPORATED HEREIN BY REFERENCE, CITY
AND COUNTY AGREE AS FOLLOWS:
1. County hereby consents to City's maintenance, at City's sole cost and expense
and without reimbursement from the County, of the Road Maintenance Area.
2. Within the Road Maintenance Area, City shall maintain the roadway surface,
curbs, gutters, and sidewalks in accordance with County Street Maintenance
Standards. Maintenance shall include, but shall not be limited to, repair,
resurfacing, street sweeping, and other duties typical to the maintenance of the
roadway and adjoining curb, gutters, and sidewalks.
2
Agenda Item No. 23
Page 4 of 21
3. In its current condition, the Road Maintenance Area is thirty feet (30') of right- of-
way for Lost Road and twenty four (24') of right-of-way for Navajo Springs
Road. Depending upon development of the Annexation Property and other
projects in the immediate vicinity of the Annexation Property, it is possible that
Lost Road may be expanded to greater widths. In the event that development of
the Annexation Property requires expansion of Lost Road and Navajo Springs
Road, the County agrees to maintain the Road Maintenance Area as expanded.
4. In the event that the Road Maintenance Area is expanded, it shall be improved in
such a way that the improved section is compatible with and safely transitions to
the existing improvements on the unincorporated portions of Lost Road and
Navajo Springs Road.
5. City shall refer all applicants wishing to obtain permits to work, enter, close, or in
any way modify the roadway to the County to obtain the appropriate County
Permit(s) prior to any commencement of work, entry upon, or closure of the
Roadway Maintenance Area.
6. The City agrees to ensure that Lost Road and Navajo Springs Road continues to
be accessible and usable by the Annexation Property and County Residents.
7. Except for the negligence or willful misconduct of the County, or for any
development, design, inspection, construction, or structural defects in connection
with the expansion of the Road Maintenance Area, City shall defend, indemnify,
and hold harmless the County, its officers, employees, and agents from and
against any and all liability, loss, expense (including reasonable attorneys fees), or
claims for injury or damages arising out of the maintenance of the Road
Maintenance Area. This indemnification provision shall survive the expiration or
early termination of this Agreement.
8. County shall defend, indemnify, and hold harmless the City, its officers,
employees, and agents harmless from and against any and all liability, loss,
expense (including reasonable attorneys fees), or claims for injury or damages
arising out of any development, design, inspection, or structural defects made in
connection with the expansion of the Road Maintenance Area. This
indemnification provision shall survive the expiration or early termination of this
Agreement.
9. By executing this Agreement, City certifies that City is aware of and will comply
with Section 3700 of the Labor Code of the State of California requiring every
employer to be insured against liability for workers' compensation or to undertake
self-insurance before commencing any of the work required as part of this
Agreement. City shall carry the insurance or provide for self-insurance required
by California law to protect County from claims under the Workers
Compensation Act.
3
Agenda Item No. 23
Page 5 of 21
10. This Agreement may be amended, supplemented, or terminated only by written
documents signed by both parties.
11. Any correspondence regarding this Agreement shall be addressed as follows:
City Manager
CITY OF LAKE ELSINORE
130 S. Main Street
Lake Elsinore, CA 92530
Director of Transportation
COUNTY OF RIVERSIDE
4080 Lemon Street
Riverside, CA 92501
12. Any action at law or in equity, brought by either of the parties to this Agreement,
for the purpose of enforcing a right or rights provided for by this Agreement, shall
be tried in a court of competent jurisdiction in the County of Riverside, State of
California, and the parties hereby waive all provisions of law providing for a
change of venue in such proceedings to any other county.
13. If either party commences an action to enforce any right provided for or arising
out of this Agreement, the prevailing party shall be entitled to have or recover
from the other party reasonable attorneys' fees and costs of the suit.
14. During performance of this Agreement, the parties each agree not to discriminate
on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition, including the medical
condition of Acquired Immune Deficiency Syndrome (AIDS), or any condition
related thereto, marital status, sex, or sexual orientation, in the selection and
retention of employees and the procurement of materials and equipment, except as
provided in Section 12940 of the California Government Code. Further, the
parties agree to conform to the requirements of the Americans with Disabilities
Act in the performance of this Agreement.
15. Each provision, term, condition, covenant, and/or restriction, in whole and in part,
in this Agreement shall be considered severable. In the event any provision, term,
condition, covenant, and/or restriction, in whole and/or in part, in this Agreement
is declared invalid, unconstitutional, or void for any reason, such provision or part
thereof shall be severed from this Agreement and shall not affect any other
provision, term, condition, covenant, and/or restriction of this Agreement and the
remainder of the Agreement shall continue in full force and effect.
16. The individuals executing this Agreement each represent and warrant that they
have the legal power, right, and actual authority to bind City and County to the
terms and conditions set forth in this Agreement.
17. This Agreement constitutes the final, complete, and exclusive statement of the
terms of the Agreement between the Parties pertaining to the subject matter of this
Agreement, and supersedes all prior and contemporaneous understandings or
agreements of the parties. Neither party has been induced to enter into this
4
Agenda Item No. 23
Page 6 of 21
Agreement, nor is either party relying upon, any representation or warranty
outside those expressly set forth in this Agreement.
[SIGNATURES FOLLOW ON NEXT PAGE]
5
Agenda Item No. 23
Page 7 of 21
IN WITNESS WHEREOF City and County have caused this Agreement to be
duly executed on the day and year first above written.
CITY OF LAKE ELSINORE, a
municipal corporation
COUNTY OF RIVERSIDE, a political
subdivision of the state of California
By:
By:
Daryl Hickman,
Mayor
[Printed Name]
Attest:
Vivian Munson,
City Clerk
Attest:
[Printed Name]
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
Barbara Zeid Leibold,
City Attorney
By:
Deputy County Counsel
6
Agenda Item No. 23
Page 8 of 21
EXHIBIT "A"
REORGANIZATION TO INCLUDE ANNEXATION 75 TO THE CITY OF LAKE ELSINORE,
ANNEXATION TO THE NORTHWEST MOSQUITO AND VECTOR CONTROL DISTRICT
AND DETACHMENT FROM THE WILOOMAR UNINCORPORATED COMMUNITY AND
THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT
LAFCO 2007-05-1 &3
THAT PORTION OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO BASE
AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID SECTION 13, SAID SECTION CORNER ALSO
BEING THE NORTHEASTERLY CORNER OF PARCEL 4, AS SHOWN ON PARCEL MAP NO, 14611, RECORDED
IN BOOK 87 PAGE 73 OF PARCEL MAPS, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
(1) THENCE, SOUTH 00003' 04" WEST, ALONG THE EASTERLY SECTION LINE OF SAID SECTION 13, A
DISTANCE OF 2664,17 FEET TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID PARCEL 4, SAID
INTERSECTION ALSO BEING THE EAST QUARTER CORNER OF SAID SECTION 13, SAID EASTERLY LINE
ALSO BEING THE CENTERLINE OF FLORENCE STREET (30,00 FOOT HALF-WIDTH) AS SHOWN ON SAID
PARCEL MAP;
(2) THENCE, SOUTH 890 37' 42" WEST, ALONG THE QUARTER SECTION LINE OF SAID SECTION 13 AND
SAID SOUTHERLY LINE, 3974.91 FEET TO THE WESTERLY LINE OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 13, SAID WESTERLY LINE ALSO BEING THE EASTERLY LINE OF TRACT NO.
2910, RECORDED IN BOOK 51 PAGES 96 THROUGH 98 OF MAPS, IN THE COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
(3) THENCE, NORTH 000 20' 21" WEST, ALONG SAID WESTERLY LINE, 2146.16 FEET TO THE
SOUTHEASTERLY CORNER OF LOT 30 OF SAID TRACT;
(4) THENCE, NORTH 690 19' 02" WEST, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 30, A
DISTANCE OF 306.85 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 30, SAID LINE ALSO BEING THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF NAVAJO SPRINGS ROAD (60.00 FOOT IN WIDTH);
(5) THENCE, NORTH 200 40' 58" EAST, ALONG SAID NORTHWESTERLY LINE, 441.56 FEET TO THE:
NORTHWEST CORNER OF SAID LOT 30, SAID NORTHWEST CORNER ALSO BEING A POINT ON THE
NORTHERLY LINE OF SAID SECTION 13, SAID NORTHERLY LINE ALSO BEING THE CENTERLINE OF
HEMLOCK STREET (30.00 FOOT HALF-WIDTH);
(6) THENCE, NORTH 89041' 21" EAST, ALONG SAID NORTHERLY LINE, 4121.08 FEET TO THE POINT OF
BEGINNING.
CONTAINING AN AREA OF 246.17 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"N, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
MICHAEL SIMON, P.L.S. 6034
REGISTRATION EXPIRES 6/30/07
K;\f)rawings\SP'SP6068 Lake EIsiIl0re\SURVEY\OFFICE\U\PCo\Exhibit A.doc
Agenda Item No. 23
Page 9 of 21
EXHIBIT A
MAP OF TRUMARK PROPERTIES WITHIN
THE CITY OF LAKE ELSINORE'S
SPHERE OF INFLUENCE AND CITY BOUNDARY
[TO BE INSERTED]
Agenda Item No. 23
Page 10 of 21
EXHIBIT "A"
REORGANIZATION TO INCLUDE ANNEXATION 75 TO THE CITY OF LAKE ELSINORE,
ANNEXATION TO THE NORTHWEST MOSQUITO AND VECTOR CONTROL DISTRICT
AND DETACHMENT FROM THE WILDOMAR UNINCORPORATED COMMUNITY AND
THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT
LAFCO 2007-05-1 &3
11
14
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CANYON ROAD
N'L Y LINE SEC 13 &:
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GROSS AREA: 246.17 ACRES
BASIS OF BEARINGS:
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Engineering. Surveying. Environmental
701 PARKCENTER DRIVE, SANTA ANA, CAl.IFORNIA 92705
TEL. (714) 56A~da Item No.
EXHIBIT B
ASSESSOR'S PARCEL NUMBERS FOR ANNEXATION PROPERTY
[TO BE INSERTED]
Agenda Item No. 23
Page 12 of 21
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EXHIBIT" e"
September 19, 2006
IN 10-104414
Page 1 of1
LEGAL DESCRIPTION
STREET RIGHT -OF- WAY DEDICATION
OVER DOCUMENT NO. 2006-0518402, O.R.
That certain parcel of land situated in the unincorporated territory of the County of Riverside, State of
California, being that portion of the Northwest quarter of Section 13, Township 6 South, Range 4 West,
San Bernardino Meridian described in the Grant Deed to Cary Schroeder and Brenda L. Schroeder,
Trustees of The Cary Schroeder and Brenda L. Schroeder Revocable Trust dated June 30, 2006, and
being more particularly described as follows:
A strip ofland 88.00 feet wide, the centerline of which is described as follows:
COMMENCING at the Northwest comer of said Section 13; thence along the northerly line of said
Section 13, South 89055'06" East 16.32 feet to the TRUE POINT OF BEGINNING and a point on a
non-tangent curve concave easterly and having a radius of 1600.00 feet, a radial line of said curve from
said point bears South 89055'06" East; thence along said curve southerly 197.86 feet through a central
angle of 07005'07"; thence tangent from said curve South 07000'13" East 311.03 feet to the beginning of
a tangent curve concave westerly and having a radius of 1100.00 feet; thence along said curve southerly
283.78 feet through a central angle of 14046'52" to the northerly line of Lot "C" of Tract No. 2910 as
shown on a map thereof filed in Book 51, Pages 96 through 98 of Maps, in the Office of the County
Recorder of said Riverside County.
Said strip of land shall be lengthened or shortened so as to originate in said northerly line of Section 13
and terminate in said northerly line of Lot "C".
EXCEPTING THEREFROM that portion lying west ofthe westerly line of said Section 13.
EXHIBIT "B" attached and by this reference made a part hereof.
~tf
Gregory A. Helmer, L.S. 5134
H:lpdatall 01 044 I 4\CADDIMapping\LegalsI4414-LGL-00 I.doc
Agenda Item No. 23
Page 14 of 21
TRACT NO. 23848-11
M.B'I 308 / 73 ~I 81
LOT 'H' LoT 'A' 1
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TRACT NO. 29811
VLOT 'A' M.B. ~04 / 95 - 100
LOT 8 L LOT 15
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DOCUMENT NO. ~18402. O.R.
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14046' 52" 1100.00 .
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DOCUMENT NO. 2006-0518402, O.R.
(REC 07/17/2006)
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14725 Alton Parkway
Irvine, California 92618
EXHIBIT" 8 "
September 19,2006
IN 10-104414
Page 1 of 1
LEGAL DESCRIPTION
STREET RIGHT-OF-WAY DEDICATION
OVER O.R. 1978-100446
That certain parcel of land situated in the unincorporated territory of the County of Riverside, State of
California, being that portion of the Northeast quarter of the Northeast quarter of Section 14, Township
6 South, Range 4 West, San Bernardino Meridian described in the Quitclaim Deed to Lucille Ferguson
Hogya recorded May 19, 1978 in Book 1978, Page 100446 of Official Records, in the Office of the
County Recorder of said Riverside County, and being more particularly described as follows:
COMMENCING at a point on the easterly line of said Section 14, said point being the northeast comer
of Parcel 1 of Parcel Map No. 14,195 as shown on a map thereof filed in Book 83, Pages 66 and 67 of
Parcel Maps, in the Office of the County Recorder of said Riverside County; thence along the northerly
line of said Parcell, North 89057'59" West 2.51 feet to the TRUE POINT OF BEGINNING; thence
continuing along said northerly line North 89057'59" West 89.89 feet to the northeast comer of Parcel 4
of said Parcel Map No. 14,195; thence along the northerly prolongation of the easterly line of said Parcel
4, North 11048'43" East 450.79 feet to said easterly line of Section 14; thence along said easterly line of
Section 14, South 00000'57" East 429.33 feet to an intersection with a line parallel with and 88.00 feet
southeasterly of said course hereinabove described as being "North 11048'43" East 450.79 feet"; thence
along said parallel line South 11048'43" West 12.23 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 20,373 square feet, more or less.
EXHIBIT "B" attached and by this reference made a part hereof.
y,~
Gregory A. Helmer, L.S. 5134
H:\pdala\ 1 0 1 044 I 4\CADD\Mapping\Legals\4414-LGL-002.doc
Agenda Item No. 23
Page 16 of 21
DATA TABLE
-------------------------------------
~ BRNG/DElTA RADIUS lENGTH
-------------------------------------
1
2
3
N89057'59"W
N89057'59"W
S11048'43"W
2.51'
89.89'
12.23'
NE 1/4, NE 1/4, SEe. 14,
TOWNSHJP 6 SOUTH
RANGE 4 WEST, S,B,M,
O,R. 1978-100446
(REe 05/19/1978)
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SKETCH TO NXOMPNff A
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DEDICATION OVER
O.R.1978-100446
CONTAINING: 20,373 S.F.
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EXHIBIT C
LEGAL DESCRIPTION FOR ANNEXATION PROPERTY (LAFCO 2007-05-1&3)
[TO BE INSERTED]
Agenda Item No. 23
Page 18 of 21
EXHIBIT D
PLAT OF ANNEXATION PROPERTY (LAFCO 2007-05-1&3)
[TO BE INSERTED]
Agenda Item No. 23
Page 19 of 21
EXHIBIT E
LEGAL DESCRIPTION FOR ROAD MAINTENANCE AREA
[TO BE INSERTED]
Agenda Item No. 23
Page 20 of 21
EXHIBIT F
PLAT OF ROAD MAINTENANCE AREA
[TO BE INSERTED]
Agenda Item No. 23
Page 21 of 21
CITY OF ~
LAKE ,5,LSiNORJ;
~~ DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: TENTATIVE TRACT MAP NO. 34346 FOR CONDOMINIUM PURPOSES
AND RESIDENTIAL DESIGN REVIEW NO. 2005-27, FOR "THE
COLONY"
Discussion
On May 6, 2008, the Planning Commission unanimously approved various entitlements
allowing for the construction of "The Colony," a multiple family residential community for
active seniors consisting of 211 attached town homes and amenities, and for the
subdivision of the project for condominium purposes. The project is located within the
East Lake Specific Plan, south of Mission Trail, east of the Laing Homes (under
construction), west of Corydon, and north of Como Street.
During the Commission's public hearing, Leonard Leichnitz provided testimony and
hand-outs as the lone opponent to the project. Mr. Leichnitz believed that the project
was too dense and questioned the density calculation by staff. Mr. Leichnitz also
questioned the viability of a senior community stating that his research indicated there
was little market for this type of project in Lake Elsinore. He feared that the project
would ultimately not be built as a senior community. Lastly, Mr. Leichnitz was concerned
that other development along Mission Trail would create a proliferation of driveways
onto this busy street. His hand-outs were excerpts from the East Lake Specific Plan and
its amendments that supported his opinions.
Staff responded that the density calculation contained in the Lake Elsinore Municipal
Code was applied to this project, and that the project was conditioned to limit occupancy
to persons aged 55 years and older and monitored by the homeowners' association.
Lastly, staff indicated that development along Mission Trail appears to
Agenda Item No. 24
Page 1 of 1 05
Tentative Tract Map 34346 and Residential Design Review 2005-27
June 24, 2008
Page 2
package small lots together to achieve a viable project in the Lake Elsinore market. Staff
did not anticipate that limited ingress/egress from Mission Trail will affect such
development.
Commissioner Zanelli responded that the City needed a project such as "The Colony." In
his opinion, it had a good layout and would be an excellent addition to the City.
Commissioner Flores also believed it was a good project. His concern regarding traffic
circulation was satisfied when he was advised that Mitigation Measures required two
traffic signals on Mission Trail, one at Olive Street and the other at Lemon Street.
Commissioner Mendoza felt that the City needed this senior community. In response to
his question, the applicant confirmed that the project had elevators. In response to
Commissioner Gonzales, the applicant indicated that it was not their intent that golf carts
be driven on Mission Trail or other streets to access the Links at Summerly golf course.
Commissioner Gonzales also conferred with the applicant's engineer regarding drainage
in the area. Chairman O'Neal indicated that he did not favor three-story condos, but he
supported staffs recommendation.
Recommendations
1. Waive further reading and adopt a resolution adopting findings that the Colony
Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP).
2. Waive further reading and adopt a resolution adopting Mitigated Negative
Declaration 2008-06.
3. Waive further reading and adopt a resolution approving Tentative Tract Map No.
34346.
4. Waive further reading and adopt a resolution approving Residential Design Review
No. 2005-27.
Prepared by:
Carole K. Donahoe, AICP
Project Planner
Robert A. Brady () ~
City Manager JlJV
Approved by:
Attachments
Agenda Item No. 24
Page 2 of 105
VICINITY MAP
TTM 34346 FOR CONDOMINIUM PURPOSES,
RESIDENTIAL DESIGN REVIEW 2005-27, CUP 2005-26
APN's 365-030-004 thru 007, -016 thru 023,
-027 thru 035, -037, & -046
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CITY COUNCIL
JUNE 24 2008
Agenda Item No. 24
Page 3 of 105
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING
FINDINGS THAT THE COLONY PROJECT IS
CONSISTENT WITH THE MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP)
WHEREAS, ARI Lake Elsinore, LLC filed an application with the City of
Lake Elsinore requesting approval of Residential Design Review No. 2005-27, Tentative
Tract Map No. 34346, and Conditional Use Permit No. 2005-26 (the "Project") for the
design and construction of 211 attached senior condominiums, recreational facility, and
open space on a 19.46 acre site with related improvements covering an area totaling
25.7 acres, located on north of Corydon Road, east of Grand Avenue, west of Mission
Trail, and south of Stoneham Street, (the "Property"); and
WHEREAS, Section 6.0 of the MSHCP requires that all projects which are
proposed on land covered by an MSHCP criteria cell and which require discretionary
approval by the legislative body undergo the Lake Elsinore Acquisition Process
("LEAP") and a Joint Project Review ("JPR") between the City and the Regional
Conservation Authority ("RCA") prior to public review of the project applications; and
WHEREAS, Section 6.0 further requires that development projects not
within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan-Wide
Requirements"; and
WHEREAS, the Project is discretionary in nature and requires review,
approval and recommendation by the Planning Commission and approval by the City
Council; and
WHEREAS, the Project is not within an MSHCP Criteria Cell, Core or
Linkage, but is within the Elsinore Plan Area of the MSHCP, and therefore, the Project
was reviewed pursuant to the MSHCP "Plan-Wide Requirements"; and
WHEREAS, Section 6.0 of the MSHCP requires that the City adopt
consistency findings prior to approving any discretionary project entitlements for
development of property that is subject to the MSHCP; and
WHEREAS, the Planning Commission recommended to the City Council
that the discretionary project entitlements for The Colony are consistent with the
MSHCP; and
WHEREAS, public notice of the Project has been given, and the City
Council has considered evidence presented by the Community Development
1
Agenda Item No. 24
Page 4 of 105
Department and other interested parties at a public hearing held with respect to this
item on June 24, 2008.
NOW, THEREFORE, the City Council of the City of Lake Elsinore
California, does hereby resolve as follows: '
Section 1. The City Council has considered the proposed application and its
consistency with the MSHCP prior to making a decision to adopt findings that the
Project is consistent with the MSHCP.
Section 2. That in accordance with the Lake Elsinore Municipal Code and the
MSHCP, the City Council makes the following findings:
1. The proposed project is a project under the City's MSHCP Resolution, and the
City must make an MSHCP Consistency finding before approval.
The Property is not located within an MSHCP Criteria Cell. However, the
Property is within the Elsinore Plan Area and as such, the Project must be
reviewed for consistency with the MSHCP "Plan Wide Requirements," including
Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines.
2. The proposed project is subject to the City's LEAP and the County's Joint Project
Review processes.
As stated above, the Property is not located within an MSHCP Criteria Cell and
therefore the Project was not reviewed through the LEAP or Joint Project Review
processes.
3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal
Pools Guidelines.
The Project would potentially impact areas of tamarisk and mule fat that are
considered "riparianlriverine" under the MSHCP. A total of 3.3 acres of tamarisk
stand/non-native grasslands and 0.8 acre of tamarisk stand/mule fat scrub could
be impacted both on-site and within the off-site improvements area. According to
the Determination of Biologically Equivalent or Superior Preservation Report
(DBESP), the Project would be required to implement mitigation thus reducing
impacts to below a level of significance. This mitigation will be accomplished at a
1:1 ratio and by plating approximately 4 acres of native riparian species within
the project's flood storage area. All potential impacts to riparianlriverine habitat
have been handled in accordance with the MSHCP. In addition, no vernal pools
exist on the Property; therefore, due to the lack of suitable habitat, there is a very
low potential, if any, for vernal pool species to occur. The Project is therefore
consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth
in Section 6.1.2 of the MSHCP. No further action regarding this section of the
MSHCP is required.
2
Agenda Item No. 24
Page 5 of 105
4. The proposed project is consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
Per MSHCP requirements, the Property is not subject to the Narrow Endemic
Plant Species Guidelines set forth in Section 6.1.3. No further action regarding
this section of the MSHCP is required.
5. The proposed project is consistent with the Additional Survey Needs and
Procedures.
Per MSHCP requirements, the Property is not subject to any of the Critical Area
Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP, with
the exception of Burrowing Owl. A focused burrowing owl survey was conducted
in accordance with the Burrowing Owl Survey Instructions of the MSHCP. No
burrowing owls or burrowing owl signs were observed on the Property or
adjacent lands. As required by the MSHCP, mitigation has been included to
conduct a Burrowing Owl survey 30 days prior to any ground-disturbance,
including removal vegetation or other debris. No further action regarding this
section of the MSHCP is required.
6. The proposed project is consistent with the UrbanlWildlands Interface
Guidelines.
The Property is not located within or adjacent to an MSHCP Conservation Area;
however, project design features and best management practices are
incorporated into the Project to address and minimize edge effects associated
with run-off, night lighting, and noise-generating land uses. Therefore, the
Project is consistent with Urban/Wildlands Interface Guidelines set forth in
Section 6. 1.4 of the MSHCP. No further action regarding this section of the
MSHCP is required.
7. The proposed project is consistent with the Vegetation Mapping requirements.
The Project biologist has. mapped the riparian/riverine resources as part of the
DBESP, in accordance with the requirements of Vegetation Mapping set forth in
Section 6.3. 1 of the MSHCP. No further action regarding this section of the
MSHCP is required.
8. The proposed project is consistent with the Fuels Management Guidelines.
The Property does not encompass areas that would be subject to the Fuels
Management Guidelines. However, the site is adjacent to some vacant parcels
that may require on-going brush abatement to reduce fire risk. The City has a
program in place to address brush abatement when necessary. As such, the
Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not
applicable to the Project. No further action regarding this section of the MSHCP
is required.
3
Agenda Item No. 24
Page 6 of 105
9. The proposed project will be conditioned to pay the City's MSHCP Local
Development Mitigation Fee.
The developer will be required to pay the City's MSHCP Local Development
Mitigation Fee.
10. The proposed project is consistent with the MSHCP.
The Project is consistent with all applicable provisions of the MSHCP. No further
actions related to the MSHCP are required.
Section 3. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the City Council hereby adopts findings that the Project
is consistent with the MSHCP.
Section 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 24th day of June 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
4
Agenda Item No. 24
Page 7 of 105
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City of
Lake Elsinore at a regular meeting held on the 24th day of June 2008, and that the same
was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
VIVIAN M. MUNSON
CITY CLERK
5
Agenda Item No. 24
Page 8 of 105
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING
MITIGATED NEGATIVE DECLARATION NO. 2008-06
WHEREAS, ARI Lake Elsinore, LLC (the "Developer") filed an application
with the City of Lake Elsinore requesting approval of Residential Design Review No.
2005-27, Tentative Tract Map No. 34346, and Conditional Use Permit No. 2005-26 (the
"Project") for the design and construction of 211 attached senior condominiums,
recreational facility, and open space on a 19.46 acre site with related improvements
covering an area totaling 25.7 acres, located on north of Corydon Road, east of Grand
Avenue, west of Mission Trail, and south of Stoneham Street, (the "Property"); and
WHEREAS, the Project is subject to the provisions of the California
Environmental Quality Act (Public Resources Code ~~ 21000, et seq.: "CEQA") and the
State Implementation Guidelines for CEQA (14 California Code of Regulations ~~
15000, et seq.: "CEQA Guidelines") because the Project involves an activity which may
cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment, and involves the issuance of a lease,
permit license, certificate, or other entitlement for use by one or more public agencies
(Public Resources Code ~ 21065); and
WHEREAS, pursuant to CEQA Guidelines Section 15063, the City
conducted an Initial Study to determine if the Project would have a significant effect on
the environment. The Initial Study revealed that the project would have potentially
significant environmental impacts but those potentially significant impacts could be
mitigated to less than significant levels; and
WHEREAS, based upon the results of the Initial Study, and based upon
the standards set forth in CEQA Guidelines Section 15070, it was determined
appropriate to prepare and circulate Mitigated Negative Declaration No. 2008-06 for the
Project (the "Mitigated Negative Declaration") ; and
WHEREAS, pursuant to CEQA Guidelines Section 15072, on February 4,
2008, the City duly issued a notice of intent to adopt the Mitigated Negative Declaration;
and
WHEREAS, in accordance with CEQA Guidelines Section 15073, the
Mitigated Negative Declaration was made available for public review and comment for
thirty days beginning on February 4, 2008, and ending on March 5, 2008~ and
WHEREAS, on May 20, 2008, the Lake Elsinore Planning Commission
considered the Project and unanimously recommended that the City Council approve
the entitlements for The Colony; and
1
Agenda Item No. 24
Page 9 of 105
WHEREAS, public notice of the Project and the Mitigated Negative
Declaration have been given, and the City Council has considered evidence presented
by the Community Development Department and other interested parties at a public
hearing held with respect to this item on June 24, 2008.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
Section 1. The foregoing recitals are true and correct and are hereby
incorporated into these findings by this reference.
Section 2. The City Council has evaluated all comments, written and oral,
received from persons who have reviewed the Mitigated Negative Declaration. Written
responses to comments received on the Mitigated Negative Declaration during the
public comment period were prepared and circulated. The City Council hereby finds
and determines that all public comments have been addressed.
Section 3. The City Council hereby determines that the Mitigated Negative
Declaration for the Project is adequate and has been completed in accordance with
CEQA, the State CEQA Guidelines, and the City's procedures for implementation of
CEQA. The City Council has reviewed and considered the information contained in the
Mitigated Negative Declaration and finds that the Mitigated Negative Declaration
represents the independent judgment of the City.
Section 4. The City Council further finds and determines that none of the
circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the
Mitigated Negative Declaration are present and that it would be appropriate to adopt the
Mitigated Negative Declaration as proposed.
Section 5. The City Council hereby makes, adopts, and incorporates the
following findings regarding the lack of potential environmental impacts of the Project
and the analysis and conclusions set forth in the Mitigated Negative Declaration:
1. Revisions in the Project plans or proposals made by or agreed to by the
applicant before a Mitigated Negative Declaration and Initial Study are
released for public review would avoid the effects or mitigate the effects to a
point where clearly no significant effects would occur.
Based upon the Initial Study conducted for the Project, there is substantial
evidence suggesting that all potential impacts to the environment resulting
from the Project can be mitigated to the less than significant levels. All
appropriate and feasible mitigation has been incorporated into the Project
design. The Mitigation Monitoring and Reporting Plan contains an
implementation program for each mitigation measure. After implementation
of the mitigation contained in the Mitigation Monitoring and Reporting Plan,
2
Agenda Item No. 24
Page 10 of 105
potential environmental impacts are effectively reduced to less than
significant levels.
2. There is no substantial evidence, in the light of the whole record before the
agency, that the Project as revised may have significant effect on the
environment.
Pursuant to the evidence received, and in the light of the whole record
presented, the Project will not have a significant effect on the environment.
Section 6. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the City Council approves the Mitigated Negative
Declaration.
Section 7. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 24th of June 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 24
Page 11 of 105
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 24th of June 2008 and that
the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 24
Page 12 of 105
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP NO. 34346
WHEREAS, an application has been filed with the City of Lake Elsinore by
ARI Lake Elsinore, LLC (the "Applicant") requesting approval of Tentative Tract Map No.
34346, which proposes to subdivide 19.44 acres for condominium purposes (the
"Subdivision"); and
WHEREAS, the 19.44 acres of land to be subdivided is located within the
East Lake Specific Plan, south of Mission Trail, west of Corydon, east of the Laing
Homes project, and north of the future extension of Diamond Drive, and known as
Assessor's Parcel Nos. 365-030-004 thru -007, -016 thru -023, -027 thru -035, -037, and
-046 (the "Site"); and
WHEREAS, the Applicant proposes to construct 32 residential buildings
for 211 townhomes, three recreation area lots, two landscape lots, and one common
area lot that includes a clubhouse with pool, private streets, driveways, parking spaces,
and building landscaping on the Site and has named the development "The Colony" ;
and
WHEREAS, on May 20, 2008, the Lake Elsinore Planning Commission
considered the Subdivision and unanimously recommended that the City Council
approve the land division subject to the proposed conditions of approval; and
WHEREAS, public notice of the Subdivision has been given, and the City
Council has considered evidence presented by the Community Development
Department and other interested parties at a public meeting held with respect to this
item on June 24, 2008.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
Section 1. The City Council has considered proposed Tentative Tract Map No.
34346 prior to making a decision to approve the Subdivision.
Section 2. The City Council has considered Mitigated Negative Declaration
No. 2008-06 for The Colony, and the Mitigation Measures appertaining thereto.
Mitigated Negative Declaration No. 2008-06 was prepared pursuant to Section 15162 of
the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were
made, and the City Council adopts Mitigated Negative Declaration No. 2008-06.
1
Agenda Item No. 24
Page 13 of 105
Section 3. That in accordance with the Subdivision Map Act and the City of
Lake Elsinore Municipal Code, the City Council hereby makes the following findings for
the approval of Tentative Tract Map No. 34346:
1. The proposed subdivision, together with the provisions for its design and
improvements, is consistent with the goals and objectives policies, general
land uses, and programs specified in the General Plan (Government Code
Section 66473.5).
The design of the proposed Subdivision is consistent with the East Lake
Specific Plan and all approved amendments thereto. In addition, the
Subdivision is consistent with the General Plan.
2. The site of the proposed division of land is physically suitable for the
proposed density of development in accordance with the General Plan.
The project provides open space areas that support lake management
objectives. The project design does not have the effect of increasing nor
decreasing capacity in the project area beyond the specified density range.
The project design does not increase the backbone infrastructure construction
nor increase maintenance costs in the project area.
3. The effects that this project are likely to have upon the housing needs of the
region, the public service requirements of its residents and the available fiscal
and environmental resources have been considered and balanced.
a. The Subdivision is consistent with the City's General Plan. During the
approval of the City's General Plan, housing needs, public services and
fiscal resources were scrutinized to achieve a balance within the City.
b. The Subdivision has been conditioned to annex into community facilities
districts to offset the annual negative fiscal impacts of the project on public
safety operations and maintenance issues in the City.
c. The Subdivision has been conditioned to annex into Lighting and
Landscape Maintenance District No. 1 to offset the annual negative fiscal
impacts of the project on public right-of-way landscaped areas to be
maintained by the City, and for street lights in the public right-of-way for
which the City will pay for electricity and a maintenance fee to Southern
California Edison.
4. The design of the proposed division of land or type of improvements is not
likely to cause serious public health problems.
The Subdivision is conditioned to comply with all development standards of
the East Lake Specific Plan. These standards have been prepared and
reviewed to benefit the public health, safety and welfare.
2
Agenda Item No. 24
Page 14 of 105
5. The design of the proposed division of land or the type of improvements will
not conflict with easements, acquired by the public at large, for access
through or use of property within the proposed division of land.
a. All known easements or requests for access have been incorporated into
Tentative Tract Map No. 34346.
b. The map has been circulated to City departments and outside agencies,
and appropriate conditions of approval have been applied for their
approval during construction.
Section 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached to the resolution for Residential Design Review No.
2005-27, the City Council hereby approves Tentative Tract Map No. 34346.
Section 5. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 24th of June 2008
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 24
Page 15 of 105
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City of
Lake Elsinore at a regular meeting held on the 24th day of June 2008, and that the same
was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 24
Page 16 of 105
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Page 19 of 105
JV>?\1l\ '.<...0.:<'>\"'"
WARREN D. WILLIAMS
ieneral Manager-Chief Engineer
1995 MARKET STREET
RlVERSlDE, CA 9250 I
951.955.1200
951.788.9965 FAX
104198 7
RlVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERV A TION DISTRlCT
December 29,2005
. 6 Vt- LAKE tLvll\,,,,.
RECEIVEr.
JAN ] - 2[Wa
~-'$LANNING DEPT.
Mr. Matthew Harris
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Dear Mr. Harris:
Re:
R ?005..27 (TTM 34346)
The District does not normally recommend conditions for land divisions or other land use cases in
incorporated cities. The District also does not plan check City land use cases or provide State
Division of Real Estate letters or other flood hazard reports for such cases. District
comments/recommendations for such cases are normally limited to items of specific interest to the
District including District Master Drainage Plan facilities, other regional flood control and drainage
facilities which could be considereqi a logical component or extension of a master plan system, and
District Area Drainage Plan fees (development mitigation fees). In addition, information of a general
nature is provided.
The District has not reviewed the proposed project in detail and the following comments do not in
any way constitute or imply District approval or endorsement of the proposed project with respect to
flood hazard, public health and safety or any other such issue:
. Any storage volume lost between Elevations 1240 and 1263.3 feet-NGVD29 due to this
project shall be made up by excavating a volume of earthwork that is 1.3 times the
displaced volume. The excavation shall come from an area of the lake margin that is
contiguous with the project and located within the range of elevations as stated above. The
engineer may provide calculations justifying the use of a value less than 1.3 times.
However, the adjustment factor for make-up volume shall 00t be less thm1 1. I timS's the
displaced volume.
. This project is subject tGl Army Corps of Engineers Permit No. 88-00215-RRS, which
requires a HEC-5 analysis to be conducted and resubmitted to the District for review and to
[he Corps of Engineers for approval. Prior to initiating the study, the study consultant
should contact the District's Flood Plain Management Section to arrange setting up an
engineering review cost account and to discuss the approach to be taken in conducting the
study. Please contact Mekbib Degaga, Senior Civil Engineer, at 951.955.1265 for
additional information.
. Detail plans of proposed flood control improvements including pumps shall be provided to
the City for their review.
. A comprehensive O&M plan for all lake management features and drainage facilities shall
be submitted for the City's review, approval and adoption.
Agenda Item No. 24
Page 20 of 105
104198_7
Mr. Matthew Harris
City of Lake Elsinore
Re: R 2005-27 (TTM 34346)
-2-
December 29,2005
. The O&M plan shall clearly show in a quantifiable manner that there will be minimal
impact in the area downstream of the lake as a result of this project.
. All facilities that serve to drain the Back Basin, including pumps, shall be maintained by a
public entity.
. All new developments in a Federal Emergency Management Agency (FEMA) mapped
floodplain shall comply with the requirements of the National Flood Insurance Program
(NFIP) and any other City requirements. The City should require the applicant to provide
all studies, calculations, plans and other information required to meet FEMA requirements,
and should further requite that the applicant obtain a Conditional Letter of Map Revision
(CLOMR) prior to gradiI).g, recordation or other final approval of the project, and a Letter
of Map Revision (LOMRJ) prior to occupancy.
. All regulatory permits shall be obtained as needed.
. There is a geotechnical risk of long term settlement and loss of flooding freeboard.
. There are potential effects of long term submergence on underground utilities, roads, pads
and foundations.
. There is statistical uncertainty associated with the estimated lOa-year flood event and there
are risks of flooding that exceed the design flood level. Alternative methods of hydrologic
analysis should be compared.
Please be aware that development within the Lake Elsinore Back Basin has unique flooding issues.
Reference is made to District letters to the City dated December 13, 1999, April 22, 2004 and
November 18, 2004 for Tract 31920, within the Back Basin area.
GENERAL INFORMATION
This project may require a Nationall Pollutant Discharge Elimination System (NPDES) permit from
the State Water Resources Control Board. Clearance for grading, recordation or other final approval
should not be given until the City has determined that the project has been granted a permit or is
shown to be exempt.
The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation
Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All
applicable CEQA and MSHCP documents and permits shall address the construction, operation and
maintenance of all onsiteand offsite drainage facilities. Draft CEQA documents shall be forwarded
to the District during the public revi~w period.
Agenda Item No. 24
Page 21 of 105
104198 7
Mr. Matthew Harris
City of Lake Elsinore
Re: R 2005-27 (TTM 34346)
-3-
December 29,2005
If a natural watercourse or mapped floodplain is impacted by this project, the City should require the
applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory
permits include, but are not limited to a Section 404 Permit issued by the U.S. Army Corps of
Engineers in compliance with Section 404 of the Clean Water Act, a California State Department of
Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code
Section 1600 et seq., and a 40 I Water Quality Certification or a Report of Waste Discharge
Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water
Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant
shall also be responsible for complying with all mitigation measures as required under CEQA and all
Federal, State and local environmental rules and regulations.
Very truly yours,
~J-L~KV
STUART MCKIBBIN
Chief of Planning Division
c: City of Lake Elsinore
Attn: Ken Seumalo
Riverside County Planning Department
Attn: David Mares
AM:blj
Agenda Item No. 24
Page 22 of 105
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
RESIDENTIAL DESIGN REVIEW 2005-27
WHEREAS, an application has been filed with the City of Lake Elsinore by
ARI Lake Elsinore, LLC (the "Developer") requesting approval of Residential Design
Review No. 2005-27 (the "Design Review") for the improvements that are proposed in
connection with Tentative Tract Map No. 34346; and
WHEREAS, Tentative Tract Map No. 34346 proposes to subdivide land
located within the East Lake Specific Plan, south of Mission Trail, west of Corydon, east
of the Laing Homes project, and north of the future extension of Diamond Drive, and
known as Assessor's Parcel Nos. 365-030-004 thru -007, -016 thru -023, -027 thru -035,
-037, and -046 (the "Site"); and
WHEREAS, the Design Review includes design details for the 32
residential buildings for 211 townhomes, three recreation area lots, two landscape lots,
and one common area lot that includes a clubhouse with pool, private streets,
driveways, parking spaces, and building landscaping on the Site; and
WHEREAS, on May 20, 2008, the Lake Elsinore Planning Commission
considered the Design Review and unanimously recommended that the City Council
approve the proposed architectural design and building layout; and
WHEREAS, public notice of said application has been given, and the City
Council has considered evidence presented by the Community Development
Department and other interested parties at a public meeting held with respect to this
item on June 24, 2008.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
Section 1. The City Council has considered the proposed design for the 211
condominium units and related amenities prior to making a decision and has found them
acceptable.
Section 2. The City Council has considered Mitigated Negative Declaration No.
2008-06 for the Design Review, and the Mitigation Measures appertaining thereto.
Mitigated Negative Declaration No. 2008-06 was prepared pursuant to Section 15162 of
the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were
made, and the City Council approves Mitigated Negative Declaration No. 2008-06.
1
Agenda Item No. 24
Page 23 of 105
Section 3. That in accordance with Section 17.82 of the City of Lake Elsinore
Municipal Code, the City Council makes the following findings for the approval of
Residential Design Review No. 2005-27:
1. The project as conditioned will comply with the goals and objectives of the
East Lake Specific Plan (ELSP), and therefore the City of Lake Elsinore
General Plan. The ELSP designates the site for Residential-2 (up to 14
dwelling units per acre) and Residential-3 (up to 22 dwelling units per acre).
The design of the proposed subdivision and density are consistent with the
East Lake Specific Plan No. 93-3 and related subsequent amendments, and
therefore with the General Plan. The project proposes multiple family
residential lots with 211 attached, for sale senior townhome condominiums,
ranging in size from 992 square feet to 1,527 square feet. Project amenities
include a clubhouse with swimming pool and spa, village green with event
pavilion, park benches, putting green, barbecues and walking paseos.
2. The site of the proposed division of land is physically suitable for the
proposed density of development in accordance with the General Plan.
The Design Review provides open space areas that support lake
management objectives. The project design does not have the effect of
increasing nor decreasing capacity in the project area beyond the specified
density range. The project design does not increase the backbone
infrastructure construction nor increase maintenance costs in the project area.
3. The effects that this project are likely to have upon the housing needs of the
region, the public service requirements of its residents and the available fiscal
and environmental resources have been considered and balanced.
The project design is consistent with the City's General Plan. During the
approval of the City's General Plan, housing needs, public services and fiscal
resources were scrutinized to achieve a balance within the City. The project
has been conditioned to annex into community facilities districts to offset the
annual negative fiscal impacts of the project on public safety operations and
maintenance issues in the City. The map has been conditioned to annex into
Lighting and Landscape Maintenance District No. 1 to offset the annual
negative fiscal impacts of the project on public right-of-way landscaped areas
to be maintained by the City, and for street lights in the public right-ot-way tor
which the City will pay for electricity and a maintenance fee to Southern
California Edison.
4. The design of the proposed division of land or type of improvements is not
likely to cause serious public health problems.
The project is conditioned to comply with all development standards of the
East Lake Specific Plan. These standards have been prepared and reviewed
to benefit the public health, safety and welfare.
2
Agenda Item No. 24
Page 24 of 105
5. The design of the proposed division of land or the type of improvements will
not conflict with easements, acquired by the public at large, for access
through or use of property within the proposed division of land.
All known easements or requests for access have been incorporated into
Tentative Tract Map No. 34346. The map has been circulated to City
departments and outside agencies, and appropriate conditions of approval
have been applied for their approval during construction.
Section 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the City Council approves Residential Design Review
No. 2005-27.
Section 5. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 24th day of June 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 24
Page 25 of 105
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 24th day of June 2008,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 24
Page 26 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
Citv Counci/- June 24. 2008
PLANNING DIVISION
1. The approval of the subject Design Review will lapse and be void unless a building
permit is issued within one (1) year of approval. Should the City adopt provisions to
extend the life of design review approvals, and the applicant complies with the
requirements of such provisions, the applicant may request such consideration by
filing an application for a time extension and required fee a minimum of one (1)
month prior to the expiration date.
2. Tentative Tract Map No. 34346 for condominium purposes will expire with the
expiration of Residential Design Review 2005-27. In accordance with the
Subdivision Map Act (SMA), a final map shall not be filed with the County
Recorder, or an extension of time granted by the City if the applicant allows the
design review approval to expire.
3. Tentative Tract Map No. 34346 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the Lake
Elsinore Municipal Code (Title 16), unless modified by approved Conditions of
Approval.
4. Conditional Use Permit No. 2005-26 will expire with the expiration of Residential
Design Review No. 2005-27 or Tentative Tract Map No. 34346. CUP No. 2005-26
allows for the design of the project as condominiums, with the appropriate tentative
tract map, in accordance with Chapter 17.30 of the City of Lake Elsinore Zoning
Code. CUP No. 2005-26 also allows for the development of multiple family dwelling
units on property partially designated Residential-2 (up to 14 dwelling units per
acre), in accordance with the East Lake Specific Plan, Section VII - Development
Regulations.
5. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, and Agents from any
claim, action, or proceeding against the City, its Officials, Officers, Employees, or
Agents, concerning the project attached hereto.
6. The City intends to file a Notice of Determination with the Riverside County Clerk's
office within five (5) business days from the approval of this project by the City
Council. The applicant shall forward to the Planning Division secretary a check
made payable to the Riverside County Clerk, in the amount of $1,940.75 that pays
Page 1 of 23
Agenda Item No. 24
Page 27 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346, & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023, -027 thru -035, -037, and -046.
Citv Counci/- June 24. 2008
the current Department of Fish and Game filing fee, as well as the $64 Riverside
County Clerk filing fee. This check shall be received by the secretary no more than
48 hours from the approval by the Council.
7. The applicant shall comply with the Mitigation Monitoring & Reporting Program
(MMRP) adopted for this project.
a. At least thirty (30) days prior to grading permit the applicant shall contact the
appropriate Tribe to notify the Tribe of grading, excavation, and the monitoring
program, and to coordinate with the City and the Tribe to develop a Cultural
Resources Treatment and Monitoring Agreement, in accordance with mitigation
measure CR-1 of the Mitigation Monitoring and Reporting Program (MMRP) for
the project.
b. Prior to the issuance of any grading permit, the project archaeologist shall file a
pre-grading report with the City to document the proposed methodology for
grading activity observation, in accordance with mitigation measure CR-2 of the
MMRP for this project.
c. If human remains are encountered during grading and other construction
excavation, work in the immediate vicinity shall cease and the County Coroner
shall be contacted pursuant to State Health and Safety Code Section 7050.5.
d. If unexpected discoveries of subsurface archaeological resources are
discovered during grading, the developer, the project archaeologist, and the
appropriate Tribe shall assess the significance of such resources and shall
meet and confer regarding mitigation for such resources, in accordance with
mitigation measure CR-3 of the MMRP for this project.
e. Prior to development, the applicant's geotechnical and soils consultant, shall
provide a thorough assessment of potential long term settlement of the
sediments underlying the proposed development to the City.
f. Architectural enhancements to address noise attenuation associated with the
existing motocross facility adjacent to this project shall be required. In the event
that the motocross facility vacates the adjacent property, these enhancements
are not required.
g. Prior to project occupancy, final noise analysis shall be prepared to confirm that
Page 2 of 23
Agenda Item No. 24
Page 28 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Council- June 24. 2008
the required sound thresholds have been met through project mitigation
measures.
8. The applicant shall fund the implementation of the MMRP through every stage of
development. The City shall appoint an environmental monitor who shall
periodically inspect the project site, the documents submitted by the applicant, the
permits issued, and any other pertinent material, in order to monitor and report
compliance to the City until the completion of the project.
9. The East Lake Specific Plan No. 93-3 (ELSP) and its applicable amendments shall
govern this project.
10. All site improvements shall be constructed as indicated on the approved site plan
and building elevations or as specified by these Conditions of Approval. Any other
revisions to the approved exhibits shall be subject to the review and approval of the
Director of Community Development or his designee.
11. All lots shall meet the minimum setback requirements and must comply with the
Development Standards for the East Lake Specific Plan No. 93-3. Wherever the
Specific Plan is silent, the standards of the most similar residential zone in the Lake
Elsinore Municipal Code shall apply.
12. The project shall limit occupancy to persons aged 55 years and older, in
accordance with guidelines included within the HOA CC&Rs approved for the
project. In the event that the project is anticipated to change to accommodate all
ages, the Director of Community Development shall be notified, and subsequent
environmental analysis may be required.
13. The applicant shall provide to the Director of Community Development within thirty
(30) days of map approval, a final approved version of Tentative Tract Map No.
34346 and a final approved version of the site plan for Residential Design Review
No. 2005-27 in digitized format.
14. The applicant shall sign and return an "Acknowledgment of Conditions" to the
Community Development Department within 30 days of project approval by the City
Council.
Page 3 of 23
Agenda Item No. 24
Page 29 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Council - June 24. 2008
PRIOR TO FINAL TRACT MAP:
15. A precise survey with closures for boundaries and all lots shall be provided per the
LEMC.
16. Street names within the subdivision shall be approved by the Director of
Community Development or his designee prior to final map approval.
17. All of the improvements shall be designed by the developer's Civil Engineer to the
specifications of the City of Lake Elsinore.
18. If the developer chooses to phase the final map, he shall comply with the SMA, and
shall comply with the final approved Phasing Plan associated with this map and as
revised by these Conditions of Approval.
19. Prior to final map approval, the applicant shall initiate and complete the formation
of a homeowners' association approved by the City, recorded and in place. All
Association documents shall be reviewed and approved by the City and recorded,
such as the Articles of Incorporation and Covenants, Conditions and Restrictions
(CC & R's). The HOA shall be responsible for the maintenance of all common
areas, open space areas, slopes, drive aisles and streets, parking spaces,
landscaping and maintenance easement areas within the project. The HOA shall
maintain or shall coordinate with the appropriate agency approved by the Director
of Community Development or his designee, for such maintenance.
a. In the event that the Homeowners' Association fails to meet its responsibilities
with regards to the maintenance of open space areas, the City's Lighting,
Landscaping and Maintenance District shall automatically provide such
maintenance and assess the HOA for such service.
b. CC&Rs shall prohibit roof-mounted microwave satellite antennas.
c. The CC&Rs shall expressly designate the City of Lake Elsinore as a Third party
beneficiary to the CC&Rs such that the City has the right, but not the obligation,
to enforce the provisions of the CC&Rs.
d. The CC&Rs shall designate the homeowners' association as the entity
responsible for maintenance, repair, irrigation, and stability of all slopes and
landscaping within the common area as such term is defined in the CC&Rs.
Page 4 of 23
Agenda Item No. 24
Page 30 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346, & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023, -027 thru -035, -037, and -046.
Citv Counci/- June 24, 2008
e. The CC&Rs shall require reciprocal access easements by and between all
property owners for the use of all driveways and drive aisles.
f. The CC&Rs shall define and limit appropriate use of driveways, drive aisles,
and landscape areas surrounding buildings.
20. All lettered lots shall be owned and maintained by the HOA or other entity
approved by the Director of Community Development and so noted on the Final
Map.
PRIOR TO GRADING AND BUILDING PERMITS:
21. These Conditions of Approval shall be reproduced upon Page One of the Building
Plans prior to their acceptance by the Building Division.
22. All lots shall comply with building codes in effect at the City.
23. The applicant shall comply with the Phasing Plan approved for this project which
shows primary, secondary and construction access for each phase of the project.
Any changes to the approved Phasing Plan shall be submitted for review and
approval by the Director. of Community Development or his designee, with
concurrence by the Engineering, Planning, and Building Divisions, and the Fire
Department. Before combustible materials are brought to the site, the applicant
shall provide two points of access acceptable to the Riverside County Fire
Divisions.
a. Recreation Area "A" shall be installed during Phase 2 of the project.
b. Recreation Area "B" shall be installed during Phase 7 of the project.
24. The City's Noise Ordinance shall be met during all site preparation activity.
Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m.,
Monday through Friday. Construction activity shall not take place on Saturday,
Sunday or any legal holidays.
25. Upon violation by the applicant of the City's Noise Ordinance or the Condition of
Approval immediately previous, the applicant shall cease all construction activities
and shall be permitted to recommence such activities only upon depositing with the
Page 5 of 23
Agenda Item No. 24
Page 31 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023. -027 thru -035. -037. and -046.
City Counci/- June 24, 2008
City a $5,000 cash deposit available to be drawn upon by the City to fund any
future law enforcement needs that may be caused by potential project construction
violations and the enforcement of the City's Noise Ordinance and related Condition
of Approval. The applicant shall replenish the deposit upon notice by the City that
the remaining balance is equal to or less than $1,000.
26. The applicant shall install a weatherproofed 3' X 3' sign at the entrance to the
project site identifying the approved days and hours of construction activity, and a
statement that complaints regarding the operation can be lodged with the City of
Lake Elsinore Code Enforcement Division, (951) 674-3124. The sign shall be
placed on the property prior to the issuance of a grading permit.
27. Prior to the issuance of a grading permit, the applicant shall have a qualified
biologist conduct a focused burrowing owl survey within 30 days prior to any
ground-disturbing activities at the site, and shall submit the report to the
Community Development Department.
28. The applicant has on file with the City a Determination of Biologically Equivalent or
Superior Preservation (DBESP) report prepared for the project, and included in
Appendix C.4 of the environmental document.
29. To avoid impacts to nesting raptors, the removal of potential nesting vegetation
(trees, shrubs, ground cover, etc.) supporting raptors should be avoided during the
nesting season, recognized from February 15 through August 31. Vegetation
removal shall be conducted in accordance with mitigation measure BI-2 of the
MMRP for this project.
30. Impacts to 3.3 acres of tamarisk stand/non-native grassland, and 0.8 acres of
tamarisk stand/mule fat scrub, shall be mitigated at a 1:1 ratio in accordance with
mitigation measure BI-3 of the MMRP for this project.
31. Prior to the issuance of a building permit, the applicant shall pay the City's Multiple
Species Habitat Conservation Plan Local Development Mitigation Fee in effect at
that time.
32. Prior to issuance of any building permit for the Project, the Developer shall enter
into an agreement with the City and the Redevelopment Agency of the City of Lake
Elsinore to provide (a) 15% of the units constructed in the Project as affordable
housing units in accordance with the requirements of Section 33413(b )(2) of the
Page 6 of 23
Agenda Item No. 24
Page 32 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346, & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023, -027 thru -035, -037, and -046.
City Council- June 24, 2008
California Community Redevelopment Law (Health & Safety Code Sections 33000
et.seq.), or (b) an alternative equivalent action as determined by the City which
may include (without limitation) dedication of vacant land or construction of
affordable units on another site, or (c) payment of an in lieu fee at a rate of $2.00
per square foot of assessable space for each dwelling unit in the Project. For
purposes of this condition, "assessable space" means all of the square footage
within the perimeter of a residential structure, not including any carport, walkway,
garage, overhang, patio, enclosed patio, detached accessory structure, or similar
area. The amount of the square footage within the perimeter of a residential
structure shall be calculated by the building department of the City in accordance
with the standard practice of the City in calculating structural perimeters.
33. The applicant shall comply with the requirements of the Lake Elsinore Unified
School District under the provisions of SB 50, wherein the owner or developer shall
pay school fees or enter into a mitigation agreement prior to the issuance of a
certificate of compliance by the District.
34. The applicant shall provide connection to public sewer for each lot within the
subdivision. Service laterals shall be delineated on engineering sewer plans and
profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). No
service laterals shall cross adjacent property lines unless approved by EVMWD
and the City Building Division.
35. All storm drains are to be maintained in accordance with the cooperative
agreement with the Riverside County Flood Control and Water Conservation
District.
36. The developer shall submit plans to the electric utility company to layout the street
lighting system. The cost of street lighting, installation, and energy charges shall be
the responsibility of the developer and/or the Association until streets are accepted
by the City. Said plans shall be approved by the City and installed in accordance
with City Standards.
37. The applicant shall meet all requirements of the providing electric utility company.
38. The applicant shall meet all requirements of the providing gas utility company.
39. The applicant shall meet all requirements of the providing telephone utility
company.
Page 7 of 23
Agenda Item No. 24
Page 33 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Counci/- June 24. 2008
40. A bond is required guaranteeing the removal of all trailers used during construction.
41. All signage shall be subject to Planning Division review and approval prior to
installation.
42. Construction Landscape Plans and Irrigation Details for the project is required.
These drawings shall be submitted along with a cost estimate for review and
approval by the City's Landscape Architect Consultant and the Director of
Community Development or his designee prior to issuance of building permits. A
Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project
at the time of submittal.
a. Plans shall include vegetative screening of retention basins and service roads.
b. The applicant shall install street trees a maximum of thirty feet (30') apart, and
at least twenty-four inch (24") box in size.
c. The plans shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to
the use of Xeriscape or drought resistant plantings with combination drip
irrigation system shall be used to prevent excessive watering.
d. Planting within fifteen feet (15') of ingress/egress points shall be no higher
than thirty-six inches (36").
e. Planters within the project site may range in width, with a minimum size of six-
inches to accommodate ivy or other vines adjacent to garages.
43. Any alterations to the topography, ground surface, or any other site preparation
activity will require appropriate grading permits. A Geologic Soils Report with
associated recommendations will be required for grading permit approval, and all
grading must meet the City's Grading Ordinance, subject to the approval of the City
Engineer and the Planning Division. Analysis of impacts of fills and cuts greater
than sixty feet (60') shall be provided. Interim and permanent erosion control
measures are required. The applicant shall bond 100% for material and labor for
one (1) year for erosion control landscaping at the time the site is rough graded.
44. A detailed fencing plan shall be required for review and approval by the Director of
Page 8 of 23
Agenda Item No. 24
Page 34 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY."
on APNs 365-030-004 thru -007, -016 thru -023. -027 thru -035. -037, and -046.
City Counci/- June 24. 2008
Community Development prior to construction.
a. All walls visible to the public shall be constructed of stucco, slumpstone, sand,
Spanish lace or smooth or flat finish stucco, to match the adjacent buildings.
b. All theme walls are required to be coated with anti-graffiti paint.
c. Fencing on slopes shall be tubular steel or wrought iron.
d. Any tubular steel view fencing installed shall be of industrial-grade material for
safety purposes.
e. Retaining walls within front yards shall be limited to three feet in height.
Retaining walls within rear yards shall be limited to six feet. An acceptable
method of compliance is to have two or more wall systems separated by
landscaping.
f. Walls located in any front yard shall not exceed thirty-six inches (36") in
height with the exception that wrought iron fences may be five feet (5') in
height. Chain link fences are prohibited.
g. Construction drawings for interior wood fencing shall comply with the City
Standard Drawing Exhibit "A."
45. Materials and colors depicted on approved materials exhibits shall be used unless
modified by the applicant and approved by the Director of Community Development
or his designee.
a. The applicant shall remove all vinyl shutters from building elevations.
b. The applicant shall replace all Bahama vinyl awnings with shade structures
and material reviewed and approved by the Director of Community
Development.
46. Garages shall be constructed to provide a minimum of ten feet by twenty feet (10' x
20') of clear space for each car. Tandem spaces shall be a total interior clear space
of ten feet by forty feet (10' x 40').
Page 9 of 23
Agenda Item No. 24
Page 35 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Counci/- June 24. 2008
PRIOR TO FINAL APPROVAL
47. At least thirty (30) days before requesting a final inspection, the applicant shall
execute a Faithful Performance Bond and Agreement for the proper maintenance
of landscaping and irrigation systems for one year following the approval of the last
certificates of occupancy. The bond shall cover ten percent (10%) of the actual cost
of labor, equipment and material as shown on the approved Cost Estimate.
ENGINEERING DIVISION
The Engineering Division has completed review of the project and recommends
approval subject to the following conditions:
GENERAL REQUIREMENTS:
48. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be
required if the grading exceeds 50 cubic yards or the existing flow pattern is
substantially modified as determined by the City Engineer. If the grading is less
than 50 cubic yards and a grading plan is not required, a grading permit shall still
be obtained so that a cursory drainage and flow pattern inspection can be
conducted before grading begins.
49. Prior to commencement of grading operations, applicant to provide to the City a
map of all proposed haul routes to be used for movement of debris. Such routes
shall be subject to the review and approval of the City Engineer.
50. All grading shall be done under the supervision of a geotechnical engineer and he
shall certify all slopes steeper than 2 to 1 for stability and proper erosion control.
51. A Phasing Plan shall be approved by the City Engineer.
52. An Encroachment Permit shall be obtained prior to any work on City right-of-way.
53. Arrangements for relocation of utility company facilities (power poles, vaults, etc.)
out of the roadway shall be the responsibility of the property owner or his agent.
Overhead utilities shall be undergrounded.
54. Underground water rights shall be dedicated to the City pursuant to the provisions
of Section 16.52.030 (LEMC), and consistent with the City's agreement with the
Page 10 of 23
Agenda Item No. 24
Page 36 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Counci/- June 24. 2008
Elsinore Valley Municipal Water District.
55. Applicant shall obtain any necessary County permits and meet all County
requirements for any work within County right-of-way on Mission Trail.
56. The applicant shall install permanent bench marks per Riverside County Standards
and at locations to be determined by the City Engineer.
57. The applicant shall install blue dot markers at fire hydrant locations per Riverside
County Standards.
58. Provide fire protection facilities as required in writing by the Riverside County Fire
Department.
59. Applicant shall pay all applicable development fees, including but not all inclusive:
TUMF, MSHCP, TIF and area drainage fees.
60. Ten-year storm runoff shall be contained within the curb and the 100 year storm
runoff shall be contained within the street right-of-way. When either of these criteria
is exceeded, drainage facilities shall be provided.
61. All drainage facilities in this project shall be constructed to Riverside County Flood
Control District Standards.
62. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division
before final inspection of public works improvements will be scheduled and
approved.
63. Slope maintenance along right-of-ways and open spaces shall be maintained by a
property owner's association or other maintenance mechanism approved by the
City.
64. All waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or other phases of the construction shall be
disposed of at appropriate. recycling centers. The applicant should contract with
CR&R Inc. for recycling and storage container services, but the applicant may use
the services of another recycling vendor. Another recycling vendor, other than
CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the
Page 11 of 23
Agenda Item No. 24
Page 37 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Counci/- June 24. 2008
applicant is not using CR&R Inc. for recycling services and the recycling material is
either sold or donated to another vendor, the applicant shall supply proof of debris
disposal at a recycling center, including verification of tonnage by certified weigh
master tickets.
65. All natural drainage traversing the site shall be conveyed through the site, or shall
be collected and conveyed by a method approved by the City Engineer.
66. Applicant shall protect all downstream properties from damages caused by
alteration of the drainage patterns, Le., concentrations or diversion of flow.
Protection shall be provided by constructing adequate on-site drainage facilities
including enlarging existing facilities and/or by securing a drainage easement. A
maintenance mechanism shall be in place for any private drainage facilities
constructed on-site or off-site. Any grading or drainage that alters the drainage
patterns (Le, concentrations or diversion of flow) onto private off site or adjacent
property shall require a written permission to grade and/or a permission to drain
letter from the affected landowner.
67. Roof drains shall not be allowed to outlet directly through coring in the street curb.
Roofs should drain to a landscaped area.
68. Applicant shall comply with all NPDES requirements in effect; including the
submittal of Water Quality Management Plan (WQMP) as required per the Santa
Ana Regional Water Quality Control Board.
69. Education guidelines and Best Management Practices (BMP) shall be provided to
residents of the development in the use of herbicides, pesticides, fertilizers as well
as other environmental awareness education materials on good housekeeping
practices that contribute to protection of storm water quality and met the goals of
the BMP in Supplement "A" in the Riverside County NPDES Drainage Area
Management Plan. (Required for lot of one acre or more)
70. Applicant shall provide BMP's that will reduce storm water pollutants from parking
areas and driveway aisles. (Required for lot of one acre or more)
71. City of Lake Elsinore has adopted ordinances for storm water management and
discharge control. In accordance with state and federal law, these local storm water
ordinances prohibit the discharge of waste into storm drain system or local surface
waters. This includes non-storm water discharges containing oil, grease,
Page 12 of 23
Agenda Item No. 24
Page 38 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023. -027 thru -035, -037. and -046.
Citv Counci/- June 24, 2008
detergents, trash, or other waste remains. Brochures of "Storm water Pollution,
What You Should Know" describing preventing measures are available at City Hall.
PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or
waterways -without Regional Water Quality Control Board permit or waver - is strictly
prohibited by local ordinances and state and federal law.
72. Interior streets and drainage facilities within this project shall be privately
maintained. A maintenance mechanism shall be approved by the City.
Prior to Approval of final Map, unless other timing is indicated, the subdivider shall
complete the following or have plans submitted and approved, agreements executed
and securities posted:
73. Dedicate right-of-way and construct street improvements on Mission Trail, along
the property frontage, per City's General Plan (part-width improvements), and
subject to the approval from the City. The improvements include asphaltic concrete
pavement, curb and gutter, sidewalk, median, deceleration lane, offsite asphaltic
concrete transitions, street lighting, signing and striping. The median shall be
constructed to regulate access at the driveway to a right-in/out only.
74. Construct a traffic signal at Mission Trail and Olive.
75. Provide on-site circulation as recommended on Exhibit 1-5 of the traffic study by
Urban Crossroads dated June 5, 2007.
76. Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
77. Applicant shall submit traffic control plans for the required street improvements
and plans for on-site signing/striping of the project. All signing and striping and
traffic control devices shall be installed prior to final inspection of public
improvements. This includes Street Name Signs and No Parking Signs for streets
within the project.
78. A Calif. Registered Civil Engineer shall prepare the street and traffic improvement
plans. Improvements shall be designed and constructed to Riverside County Road
Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
79. Interior streets shall be approved as private streets. In addition, the map shall note
Page 13 of 23
Agenda Item No. 24
Page 39 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Council- June 24. 2008
that the City has access rights to the site for emergency maintenance of drainage
facilities.
80. Applicant shall enter into an agreement with the City for the construction of public
works improvements and shall post the appropriate bonds prior to final map
approval.
81. Applicant shall obtain all necessary off-site easements for off-site grading from the
adjacent property owners prior to final map approval.
82. Make an offer of dedication for all public streets and easements required by these
conditions or as shown on the Map. All land so offered shall be granted to the City
free and clear of all liens and encumbrances and without cost to the City.
83. All Public Works improvements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final
map approval. The improvements shall include street and drainage improvements,
street lighting, and associated traffic improvements related to the project.
PRIOR TO ISSUANCE OF A GRADING PERMIT:
84. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports
prepared by a Registered Civil Engineer for approval by the City Engineer.
Developer shall mitigate any flooding and/or erosion downstream caused by
development of the site and/or diversion of drainage.
85. A portion of the project is in the floodplain. This project shall comply with the
requirements of the City's Floodplain Management program.
86. The grading plan shall show that no structures, landscaping, or equipment are
located near the project entrances that minimize sight distance standards.
87. A recreation trail that is accessible to the public shall be designed and installed
along the project frontage on Mission Trail. The design shall be coordinated with
the City to include an additional two-feet (2') incorporated into the proposed
meandering sidewalk and parkway.
88. Construction Project access and hauling route shall be submitted and approved by
the City Engineer.
Page 14 of 23
Agenda Item No. 24
Page 40 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346, & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023, -027 thru -035, -037, and -046.
City Counci/- June 24. 2008
89. Provide soils,
recommendations.
recommendations.
geology and seismic
Provide final soils
report including street design
report showing compliance with
90. An Alquist-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
91. The applicant shall obtain all necessary off-site easements and/or permits for off-
site grading and/or drainage acceptance from the adjacent property owners prior to
grading permit issuance.
92. Applicant to provide erosion control measures as part of their grading plan. The
applicant shall contribute to protection of storm water quality and meet the goals of
the BMP in Supplement "A" in the Riverside County NPDES Drainage Area
Management Plan.
93. Applicant shall provide the City with proof of his having filed a Notice of Intent with
the Regional Water Quality Control Board for the National Pollutant Discharge
Elimination System (NPDES) program with a storm water pollution prevention plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post
construction, which describes BMP's that will be implemented for the development
including maintenance responsibilities. The applicant shall submit the SWPPP to
the City for review and approval.
94. An approved WQMP plan shall be provided.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
95. Unless other arrangements are approved by the City, all Public Works
requirements shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior to building permit.
96. Submit a "Will Serve" letter to the City Engineering Division from the applicable
water agency stating that water and sewer arrangements have been made for this
project and specify the technical data for the water service at the location. such as
water pressure and volume etc. Submit this letter prior to applying for a building
permit.
Page 15 of 23
Agenda Item No. 24
Page 41 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346, & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023, -027 thru -035, -037, and -046.
City Counci/- June 24, 2008
97. No structures, landscaping, or equipment shall be located near the project
entrances that compromise sight distance requirements.
98. Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees
(LEMC 16.34).
PRIOR TO OCCUPANCY:
99. Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Division for construction of off-site public works improvements
(LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit
shall be fulfilled before Certificate of Occupancy.
100. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division
before final inspection of off-site improvements will be scheduled and approved.
101. The traffic signal at Mission Trail and Olive and the median on Mission Trail shall
be completed and operational prior to 1st occupancy. The developer is eligible for
credit under the City's TIF program with the approval of the City Engineer, and may
execute agreements with other developers to share in the cost of these
improvements.
102. All public improvements shall be completed in accordance with the approved plans
or as conditions of development to the satisfaction of the City Engineer.
103. All signing and striping and traffic control devices shall be installed. This includes
Street Name Signs, No Parking Signs, signing and striping onsite and on Mission
Trail.
104. Water and sewer improvements shall be completed in accordance with Water
District requirements.
105. Proof of maintenance responsibility and acceptance shall be provided for all open
space, slopes, and drainage facilities outside of the public right-of-way.
106. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time
when the Certificate of Occupancy is obtained.
Page 16 of 23
Agenda Item No. 24
Page 42 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346, & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023, -027 thru -035, -037, and -046.
City Counci/- June 24, 2008
107. The applicant shall submit as-built plans where necessary, and shall be
responsible for revising the mylar plans. A digital copy of all completed public
improvement plans shall also be provided. A bond (amount to be determined by the
City Engineer) is required to guarantee compliance of this requirement.
PARKS AND RECREATION DEPARTMENT
108. The HOA shall maintain all private parks, pools, common walkways, open space
and recreational facilities.
109. The developer shall pay park fees per the City's Park Improvement Fees prior to
issuance of building permits.
110. No park fee credit will be allowed for private parks and facilities.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into Law Enforcement. Fire and Paramedic Services CFD
111. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special
Use Permit (as applicable), the applicant shall annex into the Law Enforcement,
Fire and paramedic Services Mello-Roos Community Facilities District to offset the
annual negative fiscal impacts of the project on public safety operations and
maintenance issues in the City. Applicant shall make a four thousand two hundred
dollar ($4,200) non-refundable deposit to cover the cost of the annexation process.
Contact Dennis Anderson, Harris & Associates at (040) 655-3900 x334 or
danderson@harris-assoc.com.
Annex into Parks. Open Space and Storm Drain Maintenance CFD
112. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special
Use Permit or building permit (as applicable), the applicant shall annex into the
Parks, Open Space and Storm Drain Maintenance Mello-Roos Community Facility
District to fund the on-going operation and maintenance of the new parks,
parkways, open space and public storm drains constructed within the development
and federal NPDES requirements to offset the annual negative fiscal impacts of the
project. Applicant shall make a four thousand two hundred dollar ($4,200) non-
refundable deposit to cover the cost of the annexation process. Contact Dennis
Page 17 of 23
Agenda Item No. 24
Page 43 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Counci/- June 24. 2008
Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-
assoC.com.
Annex into LLMD No.1
113. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special
Use Permit or building permit (as applicable), the applicant shall annex into
Lighting and Landscape Maintenance District No. 1 to offset the annual negative
fiscal impacts of the project on public right-of-way landscaped areas and
neighborhood parks to be maintained by the City and for street lights in the public
right-of-way for which the City will pay for electricity and a maintenance fee to
Southern California Edison. Applicant shall make a four thousand seven hundred
dollar ($4,700) non-refundable deposit to cover the cost of the annexation process.
Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or
danderson@harris-assoc.com.
RIVERSIDE COUNTY FIRE DEPARTMENT
CITY CASE STATEMENT
114. With respect to the conditions of approval for the referenced project, the Fire
Department recommends the following fire protection measures be provided in
accordance with Riverside County Ordinances and/or recognize fire protection
standards:
ROOFING MATERIAL
115. All buildings shall be constructed with class B roofing materials as per the
California Building Code.
BLUE DOT REFELECTOR
116. Blue retro reflective pavement markers shall be mounted on private street, public
streets And driveways to indicate location of fire hydrants. Prior to installation,
placement of markers must be approved by Lake Elsinore Fire Services.
Page 18 of 23
Agenda Item No. 24
Page 44 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Council- June 24. 2008
MINIMUM REO FIRE FLOW
117. Minimum required fire flow shall be 2875 GPM for 3 hour duration at 20 PSI
residual operating pressure, which must be available before any combustible
material is placed on the job site. Fire flow is based on type V-B construction per
the 2007 CBC and building(s) having a fire sprinkler system.
ON/OFF LOOPED HYD
118. A combination of on-site and off site super fire hydrants, on a looped system with
the average spacing between Super fire hydrant (s) (6" x 4" x 2 %" x 2 % ") shall be
not exceed 400 feet between hydrants and have a maximum distance of 225 feet
from any point on the street or road frontage to a hydrant as measured along
approved vehicular travel ways. The required fire flow shall be available from any
3 adjacent hydrants (s) in the system.
RAPID HAZMAT BOX
119. Rapid entry Hazardous Material data and key storage cabinet shall be installed on
outside of the building. Plans shall be submitted to the Lake Elsinore Fire Services
for approval prior to installation (Current plan check fee is $126.00)
GATE ENTRANCES
120. Gate entrances shall be at least two feet wider than the width of the traffic lane (s)
serving that gate. Any gate providing access from a road to a driveway shall be
located at least 35 feet from the roadway and shall open to allow vehicle to stop
with out obstructing traffic on the road. Where a one-way road with a single traffic
lane provides access to a gate entrance, 40 foot turning radius shall be used.
AUTO/MAN GATES
121. Gate (s) shall be automatic or manual operated, minimum 24 feet width, with a
setback of 35 feet from face of curb/flow line. Gate access shall be equipped with a
rapid entry system. Plans shall be submitted to the Fire Department for approval
prior to installation. Automatic/manual gate pins shall be rated with shear pin force,
not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency
backup power. Gates activated by the rapid entry system shall remain open until
closed by the rapid entry system. (Current plan check fee is $126.00)
Page 19 of 23
Agenda Item No. 24
Page 45 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
Citv Council- June 24. 2008
WATER PLANS
122. The applicant or developer shall separately submit two copies of the water system
plans to the Fire Department for review. Plans shall conform to the fire hydrant
types, location and spacing, and the system shall meet the fire flow requirements.
Plans shall be signed/approved by a registered civil engineer and the local water
company with the following certification: "I certify that the design of the water
system is in accordance with the requirements prescribed by the Lake Elsinore
Fire Services."
BLDG PLAN CHECK FEES
123. Building plan check deposit fee of $1 ,056.00, shall be paid in a check or money
order to the City of Lake Elsinore before plans have been approved by our office.
WATER CERTIFICATION
124. The applicant or developer shall be responsible to submit written certification from
the water company noting the location of the existing fire hydrant and that the
existing water system is capable of delivering 2875 GPM fire flow for a 3 hour
duration at 20 PSI residual operating pressure. If a water system currently does not
exist, the applicant or developer shall be responsible to provide written certification
that financial arrangements have been made to provide them.
WATER PLANS
125. The applicant or developer shall separately submit two copies of the water system
plans to the Fire Department for review and approval. Calculated velocities shall
not exceed 100 feet per second. Plans shall conform to the fire hydrant types,
location and spacing, and the system shall meet the fire flow requirements. Plans
shall be signed and approved by a registered civil engineer and the local Water
Company with the following certification: "I certify that the design of the water
system is in accordance with the requirements prescribed by the Lake Elsinore
Fire Services."
Page 20 of 23
Agenda Item No. 24
Page 46 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346, & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023, -027 thru -035, -037, and -046.
Citv Council- June 24, 2008
PRIOR TO BUILDING FINAL INSPECTION
FIRE LANES
126. The applicant shall prepare and submit to the Fire Department for approval, a site
plan designating required fire lanes with appropriate lane painting and/or signs.
DISPLAY BOARDS
127. Display Boards will be as follows: Each complex shall have an illuminated
diagrammatic representation of the actual layout which shows name of complex, all
streets, building designators, unit members, and fire hydrant locations within
dimension and located next to roadway access.
SUPER FH/FLOW
128. Minimum required fire flow shall be 2875 GPM for 3 hour duration at 20 PSI
residual operating pressure, which must be available before any combustible
material is placed on the job site. Fire flow is based on type V-B construction per
the 2007 CBC and building(s) having a fire sprinkler system.
129. The average spacing between Super fire hydrant (s) (6" x 4" x 2 %" x 2 % ") shall
be not exceed 400 feet between hydrants and have a maximum distance of 225
feet from any point on the street or road frontage to a hydrant as measured along
approved vehicular travel ways.
SPRINKLER SYSTEM
130. The applicant shall install a complete fire sprinkler system per NFPA 13 2002
edition (903.3 Califomia Fire Code) in all buildings requiring a fire flow of 1500
GPM or greater sprinkler system (s) with pipe size in excess of 4" inch diameter
will require the project structural engineer to certify (wet signature) the stability of
the building system for seismic and gravity loads to support the sprinkler system.
All fire sprinkler risers shall be protected from any physical damage and be
accessible form the exterior of the building. The post indicator valve and fire
department connection shall be located to the front, within 50 feet of a hydrant, and
the minimum of 25 feet from the building (s). A statement that the building (s) will
be automatically fire sprinkled must be included on the title page of the building
plans. (Current sprinkler plan check fee is $614.00 per riser)
Page 21 of 23
Agenda Item No. 24
Page 47 of 105
CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26.
FOR "THE COLONY."
on APNs 365-030-004 thru -007. -016 thru -023. -027 thru -035. -037. and -046.
City Council - June 24. 2008
131. The applicant or developer shall be responsible to install a .L. Central Station
Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler
system (s) water flow. P.I.V.'s and all control valves. Plans must be submitted to
the Fire Department for approval prior to installation. Contact Fire Department for
guideline handout (current Monitoring plan check fee is $192.00)
VOICE FIRE ALARM
132. The applicant or developer shall be responsible to install a manual and automatic
pre-recorded VOICE Fire Alarm System. Plans must be submitted to the Fire
Department for approval prior to installation. (Current plan check fee Is $627.00)
AUTO/MAN FIRE ALARM
133. The applicant or developer shall be responsible to install a manual and automatic
Fire Alarm System. Plans must be submitted to the Fire Department for approval
prior to installation. (Current plan check fee $627.00)
LOW LEVEL EXIT SIGN
134. Door - level exit signs, exit markers and exit path marking shall be installed per the
California Building Code.
EXTINGUISHERS
135. The applicant shall install portable fire extinguishers with a minimum rating of 2A-
10BC and signage. Fire Extinguishers located in public areas shall be in a
recessed cabinet mounted 48" (Inches) to enter above the floor level with
Maximum 4" projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation.
TITLE 19
136. The applicant shall comply with Title 19 of the California Administrative Code.
Page 22 of 23
Agenda Item No. 24
Page 48 of 105
CONDITIONS OF APPROV At FOR RESIDENTIAL DESIGN REVIEW NO. 2005-27,
TENTATIVE TRACT MAP NO. 34346. & CONDITIONAL USE PERMIT NO. 2005-26,
FOR "THE COLONY,"
on APNs 365-030-004 thru -007, -016 thru -023, -027 thru -035. -037, and -046.
City Counci/- June 24. 2008
OTHER AGENCIES
137. The applicant shall comply with the requirements of the Riverside County Flood
Control and Water Conservation District as detailed in their letter dated December
29,2005.
Attachments:
Riverside County Flood Control and Water Conservation District,
dated December 29,2005.
(End of Conditions)
Page 23 of 23
Agenda Item No. 24
Page 49 of 105
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EAST LAKE SPECIFIC Pl,AN AMENDMENTS CONSOL.IDATION MAP
Official Planning Dep1: Docume..q~nda Item No. 24
Page 87 of 105
EAST LAKE SPECIRC PLAN
. 5.1
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DEVELOPMENT PLAN AND STANDARDS
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Note: For further reference, a
1"=1200' Conceptual Land
Use Plan is provided in the
map pocket at the back of this
Specific Plan
LEGEND
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FIGURE 4A
CONCEPTIJAL LAND USE PlAN
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Sectian V - The Pltm
Agenda Item No. 24
Page 88 of 105
Figure :J
EAST LAKE SPEC:IF,IC PLAN AMENDMENT No. 1
<ID
Official Planning Dep1: Documen1:Agenda Item No. 24
Page 89 of 105
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CONSOLIDATED
EAST LAKE SPECIFIC PLAN AMENDMENT SUMMARY:
The East Lake Specific Plan (ELSP) was originally approved on June 8, 1993.
Subsequent to this approval, there have been several amendments to the Specific Plan as
a result of environmental regulations, flood storage requirements in the plan, and
infrastructure and circulation needs in the area. Revisions to the housing types,
architectural design guidelines and development standards have been made to pertinent
sections of the Specific Plan.
TheELSP is a large master planned area comprised of three Planning Districts: Marina
District, Lakeside Resort District and Recreation Village District (see Figure 2, "ELSP
District Areas" contained in this Summary section). All approved Amendments, as of
November 2006, have been to portions of the Recreation Village and Marina District (see
Figures 3, 4 and 5 "ELSP Amendment Nos. 1,2,6 and 8 ").
Therefore, the original 1993 East Lake Specific Plan is still in effect for land within the
Marina District outside of Amendment No.2, the Recreation Village District outside of
Amendment Nos. 1, 6, and 8, and the Lakeside Resort District (see Figure 6, "ELSP
Amendments Consolidation Map").
f
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Figure 1 consolidates the current Land Use Plan for the entire ELSP area resulting from
all the Amendments. This map should be used to determine the ELSP land use zones. Use
Figure 6 to locate the appropriate development regulations, either in an ELSP
Amendment covering the site, or in the original 1993 ELSP document if the site is not
covered by an Amendment.
The ELSP contains a large amount of environmentally significant area that has also been
modified over the years with the subsequent Specific Plan Amendments. Figure 7, "ELSP
Preservation Areas," is included to illustrate the location and size of the Preservation
Areas (see Figure 7 for additional details).
The following is a brief summary of each Specific Plan Amendment to theELSP. Please
see each individual Amendment contained herein for more details.
~ Amendment No.1, approved in February 10, 1998: Amendment I consolidated
and reconfigured land uses within Phase I of a portion of the Recreation Village
District. Part of the reconfiguration included land being removed from the
Marina District and incorporated into the Recreation District. Amendment I
resulted in an increase in land allocated to open space (due to. flood storage needs
which were not recognized by the 1993 Specific Plan), and a reduction in the
amount of commercial and residential development; thereby decreasing the
residential yield for the Amendment area and the overall Specific Plan. This
Amendment also made modifications to the roadway network, public services and
1
Agenda Item No. 24
Page 90 of 105
Figurt~ 1
CONSOLIDATED EAST LAKE SPECIFIC PLAN
LAND USE PLAN
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Agenda Item No. 24
Page 91 of 105
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Agenda Item No. 24
Page 92 of 105
"
l:iAST LAKE SPECIFIC PLAN
"
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I
XI-A
.
GJ
GOVERNING STATISTICAL SUMMARY
TARGET
PLANNING DWELUNG AVERAGE
AREA LAND USE CATEGORY ACREAGE UNITS DENSITY
Recreation ,
Village:
42 0.5. (Habitat) 20 - -
43 0.5. <Habitat) 52 - -
44 0.5. (Hab.tat) 44 - -
45 Residential 2 12 94 7;8
46 Residential 1 13 50 3.8
47 0.5. (Park) 5 - -
48 Residentiall 46 176 3.8
49 General Commercial 4 - -
50 Residential 1 ' 13.5 51 3.8
51 ' Residential 2 19 148 7.8
52 Residential 1 31 119 3.8
53 General Commercial 30 - -
54 Residential 2 40 313 7.8
55 Residential 3 19 321 16.9
56 Residential 3 23 388 16.9
57 Residential 1 36 100 2.8
58 0.5. (Golf Course) 176 - -
59 Residential 2 45 352 7.8
60 Residential 1 50 153 3.1
61 Residential 2 13 101 7.8
62 Residential 3 ' 14 237 16.9
63 Residential 1 20 77 3.8
64 Residential 3 27 455 16.9
65 Residential 2 44 313 7.1
66 " 0.5. (Park) 26 - -
67 Existing Residential (Res 1) 24 100 4.2
68 Residential 2 20 156 7.8
69 Residential 1 56 214 3.8
70 Residential 2 44 344 7.8
71 Residential 1 59 , 187 3.2
72 0.5. (Habitat) 105 - -
73 0.5. (Natural) 22
99 0.5. (Park) 5 - -
tOO A.U.A. 197
102 S.A.U. (Residential 1) 58.5 225 3.8,
Roads 73
Subtotal 1,486 4,674 3.1
"
(,
XI-2
Section Xl- Spedfic Pum Appendices
Agenda Item No. 24
Page 93 of 105
EAb"T LAKE SPECIFIC PLAN
.: 5.1
..
V-2
Section V - The Plan
DEVELOPMENTPi.AN AND STANDARDS
@
The Land Use Plan, Figure 4A, indicates the type and distribution (
pattern of land uses within East Lake. Figures 4B, 4C, and 40 provide
an enlargement of the land use plan for each of the three districts. An
acreage breakdown of land uses for the community is provided in
Table 2, Community Land Use Summary. For further reference, a 1 It
= 1200' Land Use Plah is provided in the map pocket at the back of
this Specific Plan. In addition, thedetaiIed GovemiJ::lg Statistical
Summary, Appendix A, is to be used as the governing table of the
distribution of Land. Uses and target dwelling units within indi-
vidual planning areas.
TABLE 2
COMMUNITY LAND USE SvMMARY
LAND USE
ACRES
Residential
Residential 1
Residential 2
Residential 3
Residential 4
Subtotal
667.5
418
144
12
1241.5.
Commercial
. . General Commercial
Mixed Use
Commercial Park
Airport Use Area
Subtotal
126
60
31
197
414
58.5
58.5
Special Alternative Use
Subtotal
Open Space
Wetland Mitigation Area
Marina...
Park
Lake
Golf Course".
Multi-Habitat Corridor
SpOrts Park
Natural Open Space
Subtotal
356
26.5
211.5
33
176
22~.
26
55
1111
175
3000
Roads
TOTAL
· INCLUDES 70 ACRES FOR ELEMENTARY ScHOOL SITES AND 2Q-ACRES FOR
ONE JR. HIGH ScHOOL SITE
.. AN AoomONAL 47 ACRES OF MULTI-HABITAT CoRRIDOR IS PRoPOsED
WITHIN TIm AIRPoRT LAND USE CATEGORY FOR A TOTAL OF 274 ACRES OF
MULTI-HABITAT CORRIDOR
...
THE MARINAS AND GoLF COURSE MAYBE PRIV ATELYOWNED FAOLITIES
Agenda Item No. 24
Page 94 of 105
EAsT LAKE SPECIFIC PLAN
7.4 RESIDENTIAL DEVELOPMENT REGULATIONS
.
~
7.3.51
7.3.52
7.3.53
7.3.54
7.3.55
7.3.56
7.3.49
Street, Major. Streets with an 100 f~tRO.W., desigried primarily to move
moderate volumes of traffic and to provide connections from residential
neighborhoods to thelirban Arterials streets.
7.3.50
Street, Collector. Streets with a 60-68 foot R.O.W., designed primarily to
collect traffic from residential neighborhoods and distribute it to streets of
higher classification.
Street, Local. Streets with a 60 foot RO.W., designed to achieve a small
neighborhood scale while moving traffic from nearby Collectors to indi-
vidual residences.
Street, Restricted LocaL Streets with 56 footRO. W. designed for residential
neighborhoods in which lots are located on one side of the street only.
Street, Private. Streets which are not owned or maintained by Ii public entity,
but rather through private sources such as homeowners' association. Private
streets typically have a curb to curb dimension of 26 feet providing access
from individual structures to public streets.
Target Dwelling Units. The number of dwelling units assigned to a District
or Planning Area as shown on the GoverningStatistical Summary, Appendix
A. The number of Target Units may be decreased or increased byno more
than 25%, in accordance with the 4ensity transfer provisions outlined in
Section 5.l;1.d, and Section 9.3.5.
Trail. A trail or way designed for and lisedby equestrians, pedestrians, or
bicyclists.
Variance. Permission to depart from the literal requirements of the East Lake
Specific Plan in accordance with the procedures set forth in Section 9:3.3.
VII-1QSection VIl- Devewpment Regulations
Agenda Item No. 24
Page 95 of 105
@
Staff Density Calculations:
7.8 duJac x 19.5 acres = 151 units
25% density bonus + 38 units
189 units
20% seniors bonus + 38 units
227 units
Agenda Item No. 24
Page 96 of 105
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Summerly
Colony
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Agenda Item No. 24
Page 97 of 105
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Agenda Item NfO 1 ~ci
Page 99 0
CITY OF .~
LAI<-E 6LSiNO~
, ,
~ DREAM EXTREME...
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO: CH~RMANANDMEMBERSOF
THE PLANNING COMMISSION
FROM: ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MAY 6,2008
PROJECT: CONDITIONAL USE PERMIT NO. 2005-26,
TENTATIVE TRACT MAP NO. 34346 FOR CONDOMINIUM
PURPOSES, AND RESIDENTIAL DESIGN REVIEW NO. 2005-27,
FOR "THE COLONY."
APPLICANT
& OWNER: JASON KAMM & PETER BACHMANN, MANAGERS, ARI LAKE
ELSINORE, LLC, 21800 BURBANK BLVD, #300, WOODLAND HILLS,
CA 91367
PROJECT REQUEST
The applicant requests approval to construct "The Colony," a multiple family residential
community for active seniors consisting of 211 attached townhomes in 32 buildings and
various amenities, and to subdivide the project for condominium purposes.
PROJECT LOCATION
The project site is located within the East Lake Specific Plan, west of Mission Trail,
north of Corydon Street, south of the Laing Homes project, and east of the future
extension of Diamond Drive, and known as Assessor's Parcel Nos. 365-030-004 thru -
007, -016 thru -023, -027 thru -035, -037, and -046.
ENVIRONMENTAL SETTING
EXISTING
LAND USE
Project Vacant
Site
ZONING
GENERAL PLAN
East Lake Specific Plan
(Residential-2 & -3, up to 14
& 22 dus/ac res ectivel
East Lake Specific Plan
Residential-1,
East Lake Specific Plan
North Vacant &
John Lain
East Lake Specific Plan
A enda Item No 24
Page 100 of 105
PLANNING COMMISSION STAFF REPORT
R2005-27, TTM 34346, CUP NO. 2005-26
MAY 6, 2008
South
under construction
Vacant
East
Residential
and commercial
Off-road motocross
track
u to 6 dwellin units/acre
East Lake Specific Plan
R-2 and R-3
County of Riverside
East Lake Specific Plan
West
Not within the City's
S here of Influence
East Lake Specific Plan
PROJECT DESCRIPTION
The project proposes condominiums for sale ranging in size from 991 square feet to
1,527 square feet. Buildings are both two-story and three-story structures, with attached
single and tandem garages, as well as single car detached garages and guest parking
spaces. There are also limited golf cart parking spaces provided due to the proximity of
the project site to the Summerly public golf course. Floor plans range from one
bedroom, two bedroom and three bedroom units.
The project features a main entry with automatic access gate, and a second emergency
exit-only driveway at the southern end of the site. The central core is a recreation area,
complete with a single-story clubhouse that features a work out area, kitchen,
community meeting area, and concierge office. The clubhouse opens out to an outdoor
barbecue, fireplace, and dining area, pool and spa, and putting green.
At the rear of the site, the project features a village green, with event lawn and pavilion,
and landscaped walking paseo with views to the open space area (flood storage basin).
Scattered throughout the loop roadway are gardens, outdoor seating areas, wood
pergolas and park benches.
ANAL YSIS
Staff worked with the applicant through several versions of the project. The end result is
an active senior community rich in amenities, the first of its kind in the City. Special
attention was given to the project's presentation and effect along Mission Trail, and the
incorporation of the storage basin at the rear of the site into the open space uses.
Building Elevations
All building types draw from Spanish architecture, with tile roof, metal railing balconies
and window treatments, antique adobe accent tiles on walls and stairways, arched
windows and entries, corbel moldings, and piped vents. Building walls have stucco sand
finish, with sculpted accents along key wall edges and eaves. Exposed rafters have
been added to Building Types 'C' and 'D', along with an occasional tower element and
heavy timber trellises. Staff has conditioned the project to remove the vinyl shutters in
order to preserve the simple, clean lines on the buildings. Staff also conditioned the
project to replace the Bahama vinyl awnings with a shade material reviewed and
approved by the Director of Community Development.
Agenda Item No. 24
Page 101 of 105
PLANNING COMMISSION STAFF REPORT
R2005-27, TTM 34346, CUP NO. 2005-26
MAY 6, 2008
The buildings incorporate a variety and multi-leveled rooflines, including gabled sections
as well as hipped roofs whose parapets screen mechanical equipment and air
conditioning condensers.
The recreation building incorporates the same Spanish theme with added lattice window
frames and extended wood trellised porches and patio areas. The detached garage
buildings, the pool restroom building, and trash enclosures also complete the Spanish
flavor with selected accents.
Density
The project proposes 211 dwelling units on 18.97 net acres for a net density of 11.12
dwellings per acre. The project site is shown in the ELSP as partially Residential-2
(which allows up to 14 dwellings per acre) and partially Residential-3 (which allows up
to 22 dwellings per acre). The project density complies with the ELSP Land Use Plan.
Tentative Tract Map No. 34346 for Condominium Purposes
The developer has also requested approval of a condominium map in order to sell the
211 residential units. Regulations and responsibilities within the community will be
governed by the Covenants, Conditions and Restrictions (CC&Rs) required for the
project, and submitted for review and approval by the City Attorney's Office.
The developer intends to phase development, as shown on the proposed Phasing Plan.
Staff has conditioned the project to complete Recreation Area 'A' within the second
phase of construction, because this recreation area is bordered on two sides by the first
buildings. Recreation Area 'A' includes the clubhouse, pool, spa and putting green, for
the enjoyment of the new homeowners. Likewise, Staff has conditioned the project to
complete Recreation Area 'B,' which includes the village green and formal rose garden,
during the construction of the adjacent buildings in Phase 7.
Conditional Use Permit No. 2005-26
The East Lake Specific Plan requires that the developer obtain conditional use approval
for a Residential-3 project on property designated for Residential-2 uses. The west
portion of the subject site is designated Residential-3. This portion will actually contain
the flood storage basin for the project. However, the east portion of the site is
designated Residential-2, where the Colony buildings will be constructed. Although
Residential-2 does allow multiple family dwellings, the Residential-3 permits multiple
family dwellings as for-sale condominiums. The Residential-3 standards have been
applied to this project. Staff believes Residential-3 development is appropriate along
Mission Trail.
Chapter 17.30 of the Lake Elsinore Municipal Code requires that a conditional use
permit be approved for condominium projects, along with the approved tentative tract
map. The project and its Conditions of Approval comply with this chapter.
Agenda Item No. 24
Page 102 of 105
PLANNING COMMISSION STAFF REPORT
R2005-27, TTM 34346, CUP NO. 2005-26
MAY 6, 2008
ENVIRONMENTAL DETERMINATION
The City prepared Initial Study/Mitigated Negative Declaration (MND) No. 2008-06 for
the project, which tiered off the East Lake Specific Plan (ELSP) Final Environmental
Impact Report, SCH #92092027 adopted in 1993, and Final Supplemental EIRs
adopted in 2003 and 2005. The City completed a comprehensive environmental
analysis of the Project due to the age of the original EIR, and the City's desire to involve
members of the public in the Project approval process, as well as to be conservative
and protective of the environment.
The aforesaid MND includes a Mitigation Monitoring and Reporting Program for
measures which, when applied to the project, reduce its effects to less than significant
levels. Based upon the analysis conducted, implementation of the proposed project will
not cause substantial adverse effects with mitigation measures in place.
RECOMMENDATION
Staff recommends that the Planning Commission adopt resolutions recommending to
the City Council of the City of Lake Elsinore that they adopt:
1) Findings of Consistency with the Multiple Species Habitat Conservation Plan, and
2) Mitigated Negative Declaration No. 2008-06 and the Mitigation Monitoring and
Reporting Program appertaining thereto.
Staff recommends that the Planning Commission adopt a resolution approving
Conditional Use Permit No. 2005-26.
Further, Staff recommends that the Planning Commission adopt resolutions
recommending to the City Council of the City of Lake Elsinore that they approve:
1) Tentative Tract Map No. 34346 for Condominium Purposes, and
2) Residential Design Review No. 2005-27 for "the Colony" project,
Prepared By:
Carole K. Donahoe, AICP, Project Planner
Approved By:
Rolfe M. Preisendanz, Director of Community Development
Agenda Item No. 24
Page 103 of 105
PLANNING COMMISSION STAFF REPORT
R2005-27, TTM 34346, CUP NO. 2005-26
MAY 6, 2008
Attachments:
1. Exhibit 'A' - Vicinity Map
2. Resolution No. 2008-_ recommending to the City Council adoption of Findinas
of consistency with the Multiple Species Habitat Conservation Plan.
3. Resolution No. 2008-_ recommending to the City Council adoption of Mitiaated
Neaative Declaration No. 2008-06 and the MMRP appertainina thereto.
a. Exhibit 'B' - Final Initial Study/Mitigated Negative Declaration No. 2008-06,
Mitigation Monitoring and Reporting Program, and Final MND (Enclosures)
4. Resolution No. 2008-_ approving Conditional Use Permit No. 2005-26.
5. Resolution No. 2008-_ recommending to the City Council approval of Tentative
Tract Map No. 34346 for Condominium Purposes.
a. Exhibit 'C' - Tentative Tract Map No. 34346
b. Exhibit '0' - Grading and Drainage Plan
c. Exhibit 'E' - Phasing Plan
6. Resolution No. 2008-_ recommending to the City Council approval of
Residential Desian Review No. 2005-27 for "The Colony."
a. Conditions of Approval
b. Exhibit 'F' - Site Plan and Fire Access Plan, Sheets 01 and 02
c. Exhibit 'G' - Conceptual Landscape Plan
d. Exhibit 'H' - Site Vignettes: Village Green, Recreation, Mission Trail, Project
Entry
e. Exhibit 'I' - Elevations, Unit Floor Plans, and Roof Plan
1) Building 'A' Sheets 03 thru 07
2) Building 'B' Sheets 08 thru 12
3) Building 'C' Sheets 13 thru 17
4) Building '0' Sheets 18 thru 23
5) Recreation Building Sheets 24 and 25
6) Garage Sheet 26
7) Trash Enclosure Sheet 27
8) Pool Restroom Sheet 28
f. Exhibit 'J' - Color & Material Board
Agenda Item No. 24
Page 104 of 105
Agenda Item No. 24
Page 105 of 105
CITY OF !"7~
LAKE 6LSiN.O~
\ ,
Y 0 REAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FY 2008-2009
THROUGH 2012-2013
Backaround
By direction of the City Council, City Staff updates and maintains a Five Year Capital
Improvement Program along with the annual budget cycle. Included in the CIP are
construction projects, facility improvements, and purchase. Through input from Council,
staff and the public projects are developed and proposed in the CIP. These projects
include lake improvements, park upgrades, street maintenance, book purchase and
computer network upgrades to name a few. Prior to the adoption of the program, edits
are received by staff from the City Council and incorporated into the document.
Discussion
At a regularly held public meeting on June 3, 2008, the Lake Elsinore Planning
Commission, by Resolution No. 2008-13, presented a formal finding that the proposed
Lake Elsinore Capital Improvement Program conforms to the Lake Elsinore General
Plan. Highlights to the proposed program include continuation of the Gravel Road
Pavement Program, Paving of Dexter Avenue from SR-74 to 2nd Street, upgrades to
existing park equipment and continuation of the Boat Launch Improvements at the
LERA Campground to name a few.
Fiscal Impact
The Capital Improvement Program for Fiscal Year 2008/2009 includes improvements
throughout the City for various types of projects and is budgeted for $9,622,500.
Funding sources include fees varying from TUMF to TIF to Area Drainage; Grants
including CDBG, Measure-A and Gas Tax; and assessment districts for specific project
areas.
Agenda Item No. 25
Page 1 of 5
2008-2013 CIP
June 24, 2008
Page 2
Recommendation
Waive further reading and adopt a resolution adopting the Capital Improvement
Program for Fiscal Years 2008-2009 through 2012-2013.
Prepared by: Ken Seumalo ~
Director of Public Works/City Engineer
Approved by: Robert A. Brad"" Jl
City Manager ~~~
Attachment
Agenda Item No. 25
Page 2 of 5
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING THE CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS 2008-2009 THROUGH 2012-2013
WHEREAS, the City of Lake Elsinore annually adopts and updates a long-range
program of proposed capital improvement projects with single and multiple-year capital
expenditures to guide the planning, scheduling and budgeting of capital improvement
projects during the next five-year period; and
WHEREAS, staff has prepared a proposed Capital Improvement Program ("CIP")
for Fiscal Years 2008-2009 through 2012-2013 which includes appropriations for each
capital improvement project presented in the budget, with some projects spanning
multiple fiscal years; and
WHEREAS, on April 17, 2008, the City Council held a study session on the
proposed CIP for Fiscal Years 2008-2009 through 2012-2013; and
WHEREAS, the proposed CIP for Fiscal Years 2008-2009 through 2012-2013
was submitted to the Lake Elsinore Planning Commission at its regularly scheduled
public meeting of June 3, 2008; and
WHEREAS, in accordance with Government Code Section 65401, the Lake
Elsinore Planning Commission, by Resolution 2008-13, made a finding that the CIP for
Fiscal Years 2008-2009 through 2012-2013 conforms to the Lake Elsinore General
Plan; and
WHEREAS, the Planning Commission has caused to be transmitted to the City
Council a copy of its report and resolution finding that the CIP for Fiscal Years 2008-
2009 through 2012-2013 conforms to the Lake Elsinore General Plan; and
WHEREAS, the proposed CIP for Fiscal Years 2008-2009 through 2012-2013
was submitted to the City Council at a noticed public hearing on June 24, 2008, which
date precedes the beginning of the Lake Elsinore 2008-2009 fiscal year; and
WHEREAS, the City Council considered testimony and evidence presented at
the public hearing on June 24, 2008, and reviewed the proposed CIP for Fiscal Years
2008-2009 through 2012-2013 in light of all information presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The City Council confirms and accepts the finding of the Lake
Elsinore Planning Commission that the CIP for Fiscal Years 2008-2009 through 2012-
2013 conforms to the Lake Elsinore General Plan.
1
Agenda Item No. 25
Page 3 of 5
Section 2. The City Council finds that the CIP for Fiscal Years 2008-2009 through
2012-2013 demonstrates the efficient appropriation of public funds relating to the
implementation of capital improvement projects anticipated to be undertaken throughout
the City over the course of the ensuing five years. The City Council further finds that the
CIP is a governmental fiscal activity which does not involve a commitment to a specific
project that may result in potentially significant impacts on the environment and that the
adoption of the CIP is not a "project" within the meaning of CEQA. Individual projects
developed pursuant to the CIP will be subject to CEQA.
Section 3. The CIP for Fiscal Years 2008-2009 through 2012-2013 is hereby
approved and adopted. A copy of the CIP for Fiscal Years 2008-2009 through 2012-2013
hereby adopted and certified by the City Clerk, shall be filed with the City Manager or a
designated representative, and a further copy so certified shall be placed and shall remain
on file in the Office of the City Clerk where it shall be available for inspection.
Section 4. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Lake Elsinore, California, this 24th day of June 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD, CITY ATTORNEY
CITY OF LAKE ELSINORE
Agenda Item No. 25
Page 4 of 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City of Lake
Elsinore at a regular meeting held on the 24th day of June 2008, and that the same was
adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
VIVIAN M. MUNSON
CITY CLERK
Agenda Item No. 25
Page 5 of 5
CITY OF ~~
LAKE ,6,LSiNORE
V DREAM E,XTREMEllI
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
PUBLIC HEARING ZONING ORDINANCE TEXT
AMENDMENT NO. 2008-03; A REQUEST TO AMEND LAKE
ELSINORE MUNICIPAL CODE CHAPTER 17.82 (DESIGN
REVIEW) IN ORDER TO MODIFY EXISTING GUILDEINES
FOR TIME EXTENSIONS RELATED TO DESIGN REVIEW
APPROVALS.
SUBJECT:
Backaround
At the regularly scheduled meeting of May 20, 2008, the Planning Commission
unanimously adopted Resolution No. 2008-55 recommending to the City Council
approval of Zoning Ordinance Text Amendment No. 2008-03 and adoption of the
Negative Declaration thereof based on the findings made in the Resolution and
attachments to the Staff Report.
Discussion
The Planning Commission heard the staff report (attachment 2) and presentation
from staff before deliberating on the proposed Text Amendment. No requests to
speak were submitted and no one in the audience wished to comment on the text
amendment, either in favor or opposed.
The Planning Commission was receptive to the proposed text amendment. The
Planning Commission asked whether the Design Review Extension of Time
Ordinance would apply retroactively. Staff indicated that the Ordinance could apply
retroactively to Design Reviews approved within the previous year.
It was the unanimous decision of the Planning Commission to approve staffs
recommendation that the City Council adopt Zoning Ordnance Text Amendment No.
2008-03 and the Negative Declaration thereof. In addition, the Planning Commission
recommended that the City Council consider incorporating a retroactivity clause in the
Ordinance.
Agenda Item No. 26
Page 1 of 47
Design Review Extension of Time Text Amendment
June 24, 2008
Page 2 of 2
Based upon the Planning Commission's recommendation, Staff has prepared
language in subsection (D) of Section 17.82.110 of the proposed Ordinance
regarding retroactivity. In essence, the provision says that any design review
approval granted between July 1, 2007 and the date that the proposed Ordinance is
effective shall have a life of two (2) years instead of one (1) year, and those design
reviews shall also be permitted to request extensions of the design review in
accordance with the terms of the proposed Ordinance.
Fiscal Impact
The proposed zoning ordinance text amendment would make changes to existing
time extension and expiration requirements for all Design Review approvals. The
changes would not modify the overall scope or complexity of the standards and as
such would require minimal staff time to administer. Furthermore, extension of time
requests would be paid for through developer paid cost recovery deposits. There
would be minimal fiscal impact to the City resulting from administration or
enforcement of the proposed ordinance.
Recommendation
Waive further reading and introduce an ordinance amending Chapter 17.82 (Design
Review) to the Lake Elsinore Municipal Code regarding Time Extensions Related to
Design Review Approvals.
Prepared by:
Tom Weine~
Planning Manager
Robert A. Brady" {)K
City Manager W
Approved by:
Agenda Item No. 26
Page 2 of 47
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING CHAPTER 17.82 OF THE
LAKE ELSINORE MUNICIPAL CODE REGARDING TIME
EXTENSIONS FOR DESIGN REVIEW APPROVALS
WHEREAS, the Planning and Zoning Law authorizes the legislative body
of a city to adopt ordinances that, among other things, regulate the use of buildings,
structures, and land as between industry, business, residences, and open space; and
WHEREAS, the City of Lake Elsinore wishes to provide clear standards
for the establishment and implementation of time extensions and expirations for Design
Review approvals which can be applied throughout the City of Lake Elsinore; and
WHEREAS, based on evidence presented by the Community
Development Department and other interested parties at a duly noticed public hearing
on May 20, 2008, the Planning Commission recommended that the City Council
approve the ordinance adopting modifications to Chapter 17.82 of the Lake Elsinore
Municipal Code regarding time extensions for design review approvals; and
WHEREAS, at a duly noticed public hearing, held on June 24, 2008, the
City Council considered the Planning Commission's recommendation and evidence
presented by the Community Development Department and other interested parties
regarding the proposed Text Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:
Section 1. That Section 17.82.110 of the Lake Elsinore Municipal Code
be amended as follows (additions in underline; deletions in strikethrough):
Section 17.82.110. Lapse of Design Review approval and Time Extensions.
A. A Design Review approval shall lapse and become void one (1) two (2) year~
following the date on which the Design Review became effective, unless one of the
followino: (1) prior to the expiration of two (2) year~, a building permit related to the
Design Review is issued and construction commenced and diligently pursued toward
completion, or (2) prior to the expiration of two (2) years. the applicant has applied for
and has been oranted an extension of the Desion Review approval pursuant to
subsections Band C. Notwithstanding conditions to the contrary, a Design Review
granted pursuant to this Chapter shall run with the land for this two (2) year period,
subiect to any approved extensions. and shall continue to be valid upon a change of
ownership of the site which was the subject of the Design Review application.
1
Agenda Item No. 26
Page 3 of 47
B. The expiration date of an approved Desiqn Review may be extended for no more
than two (2) years. The first extension may be qranted for one (1) year subiect to
the approval of the Community Development Director after consultation with
other city departments if such Desiqn Review complies with current law.
standards and policies. The second one (1) year extension may be qranted by
the approvinq body (Le. City Council. Planninq Commission) that approved the
underlyina Desiqn Review so lonq as the Desiqn Review complies with current
law. standards and policies.
C. Application for extensions of time shall be filed prior to the expiration of the initial
Desian Review approval and accompanied by a fee in an amount as established
by resolution of the City Council.
D. Any Desiqn Review approval aranted on or after July 1. 2007. UP to the effective
date of this ordinance. shall lapse and become void two (2) years followinq the
date on which the Desian Review became effective. unless one of the exceptions
set forth in subparaqraph A is satisfied. then. in which case. the life of the Desiqn
Review shall be extended in accordance with subparaqraphs Band C.
SECTION 2. Severability. If any provision, clause, sentence or paragraph
of this Ordinance or the application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions of this Ordinance and are
hereby declared to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the date
of its final passage. The City Clerk shall certify as to adoption of this Ordinance and
cause this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this day of
2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
2
Agenda Item No. 26
Page 4 of 47
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular meeting
of the City Council of the City of Lake Elsinore on the day of 2008,
and was finally passed at a regular meeting of the City Council of the City of Lake
Elsinore held on the day of 2008 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
3
Agenda Item No. 26
Page 5 of 47
CITY OF ~
LAKj: ,c5,LSiI10~
~ DREAM E;(TREME...
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO:
CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM:
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
MAY 20,2008
PROJECT TITLE:
ZONING ORDINANCE TEXT AMENDMENT NO. 2008-03; A
REQUEST TO AMEND LAKE ELSINORE MUNICIPAL CODE
CHAPTER 17.82 (DESIGN REVIEW) IN ORDER TO MODIFY
EXISTING GUILDEINES FOR TIME EXTENSIONS RELATED
TO DESIGN REVIEW APPROVALS.
OWNER:
CITY OF LAKE ELSINORE, 130 SOUTH MAIN STREET,
LAKE ELSINORE, CA 92530
SAME
APPLICANT:
PURPOSE
This report is intended to present information to the Planning Commission in order to make
a recommendation to the City Council regarding a Zoning Ordinance Text Amendment to
modify a portion of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code
(LEMC). If approved, Text Amendment No. 2008-03 will provide the necessary guidelines
to work with the development community in maintaining design review approvals valid over
a reasonable amount of time, as well as providing mechanisms for time extensions.
BACKGROUND
Design Review approval is regulated by LEMC Chapter 17.82.110, which states the
following:
Agenda Item No. 26
Page 6 of 47
PLANNING COMMISSION STAFF REPORT
MAY 20,2008
PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2008-03
"Design Review approval shall lapse and become void one (1) year following
the date on which the Design Review became effective, unless prior to the
expiration of one year, a building permit related to the Design Review is
issued and construction commenced and diligently pursued toward
completion. Notwithstanding conditions to the contrary, a Design Review
granted pursuant to this Chapter shall run with the land for this one (1) year
period and shall continue to be valid upon a change of ownership of the site
which was the subject of the Design Review application."
Under current LEMC guidelines, Design Review approval is valid for one (1) year. There is
no guideline or other type of mechanism providing an extension of time to an applicant. If a
building permit is not issued before the final one-year expiration date, the applicant must
reapply for Design Review consideration, pay new application fees, and resubmit plans and
other application materials for review and approval.
ANALYSIS
Communities employ an array of methods in their allowance of time extensions for
development approvals. The following matrix reflects standards for nearby Inland Empire
communities.
Temecula
Murrieta
Corona
Perris
Riverside
Within two years of
development plan
approval
Within two years of
development plan
approval
Within two years of
development plan
approval
Within two years of
development plan
approval
Within two years of
development plan
approval
One year extension by
approving body (up to three
extensions may be granted)
One year extension by
Community Development
Director (up to three
extensions ma be ranted
One year extension by
Community Development
Director
One year extension by
approving body (up to two
extensions may be granted)
One year extension by
Community Development
Director (up to three
extensions ma be ranted
5 years
5 years
3 years
4 years
5 years
As indicated above, neighboring communities have adopted guidelines allowing extensions
of development approvals for periods of between three (3) to five (5) years. Staff is
Agenda Item No. 26
Page 7 of 47
PLANNING COMMISSION STAFF REPORT
MAY 20,2008
PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2008-03
recommending a similar timeframe to be adopted through the new ordinance relative to
approval expirations and extensions of time. The changes to the existing LEMC guidelines
are as follows:
. An expiration period of two. (2)ye?rsftorndateofapproyal(cQrrently one year).
. The provisionofa one (1) yearadministrative ext~n$iohthatcan be granted by the
Community Development Director.
. The provision of an additional one (1}.yeclrextensionbytheiapproving body (City
Council or Planning Commission),
. A total maximum extension perioqoffour (4)years.
If this text amendment is approved, the new time extension and expiration regulations
would apply to all currently approved projects. A fee schedule will also be forwarded to the
City Council with the draft ordinance for approval.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was
completed to analyze the potential environmental impacts of the proposed project. The
Initial Study concluded that the proposed project would have no significant environmental
impacts. A Negative Declaration has accordingly been prepared and released for review.
The review period began on April 24, 2008 and ended on May 14, 2008.
FISCAL IMPACT
The proposed zoning ordinance text amendment would make changes to existing time
extension and expiration requirements for all Design Review approvals. The changes
would not modify the overall scope or complexity of the standards and as such would
require minimal staff time to administer. Furthermore, extension oftime requests would be
paid for through developer paid cost recovery deposits. There would be minimal fiscal
impact to the City resulting from administration or enforcement of the proposed
ordinance.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2008-_
recommending City Council approval of Text Amendment No. 2008-03 in order to amend
LEMC Chapter 17.82 (Design Review)
Agenda Item No. 26
Page 8 of 47
PLANNING COMMISSION STAFF REPORT
MAY 20,2008
PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2008-03
Prepared by:
Tom Weine~
Planning Manager
Approved by:
Rolfe M. PreisendanzfV1J1J
Director of Community Development U I r r-
ATTACHMENTS:
1. PLANNING COMMISSION RESOLUTION
2. "DRAFT" ORDINANCE
3. NEGATIVE DECLARATION AND INITIAL STUDY
4. NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION
Ageng9 Item No. 26
Page 9 of 47
RESOLUTION NO. 2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, RECOMENDING TO
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
APPROVAL OF ZONING ORDINANCE TEXT AMENDMENT NO.
2008-03 AND THE ADOPTION OF THE NEGATIVE
DECLARATION THEREFORE
WHEREAS, the Community Development Department of the City of Lake
Elsinore has initiated an amendment of Chapter 17.82 (Design Review) of the Lake
Elsinore Municipal Code (LEMC); and
WHEREAS, the City of Lake Elsinore wishes to provide clear standards for the
establishment and implementation time extensions and expirations for Design Review
approvals which can be applied throughout the City of Lake Elsinore; and
WHEREAS, in accordance with Title 14 of the California Code of Regulations,
Section 15070, the City of Lake Elsinore prepared a proposed negative declaration to
analyze the potential environmental impacts associated with the City's adoption of
Zoning Ordinance Text Amendment No. 2008-03; and
WHEREAS, the Planning Commission has been delegated with the responsibility
of making recommendations to the City Council regarding zoning ordinance text
amendments; and
WHEREAS, at a duly noticed public hearing, held on May 20,2008, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission considered the proposed Negative
Declaration before making its recommendation that the City Council approve the
environmental document.
SECTION 2. The Planning Commission hereby finds and determines that in
accordance with Title 14 of the California Code of Regulations, Section 15070 it was
appropriate to prepare a Negative Declaration for Zoning Ordinance Text Amendment
No. 2008-01 since the initial study revealed that there was no substantial evidence in
light of the whole record, that the project may have a significant effect on the
environment. The purpose of Zoning Ordinance Text Amendment No. 2008-03 is to
provide the necessary guidelines to work with the development community in
maintaining design review approvals valid over a reasonable amount of time, as well as
providing mechanisms for time extensions.
Agenda Item No. 26
Page 10 of 47
PLANNING COMMISSION RESOLUTION NO. 2008 -
PAGE 2 OF 3
SECTION 3. In accordance with Government Code Section 65855, the Planning
Commission sets forth the following findings for its recommendation that the City
Council approve Zoning Ordinance Text Amendment No. 2008-03:
1. Currently, Lake Elsinore Municipal Code Chapter 17.82 (Design Review)
outlines time extensions and expirations for approved Design Review applications. As
development in the City continues and the regulatory environment as well as economic
conditions warrant more flexibility for the length of Design Review approvals, it will be
necessary to have the applicable tools to implement extensions. Adoption of Zoning
Ordinance Text Amendment No. 2008-03 provides the necessary guidelines to
implement am more appropriate time frame for the length of approvals.
SECTION 4. The Planning Commission hereby recommends to the City Council
that Chapter 17.82 of the Lake Elsinore Municipal Code be amended as follows:
Chapter 17.82
LEMC Section 17.82.110 Lapse of Design Review approval and Time Extensions.
A. Design Review approval shall lapse and become void ona (1) two (2) years
following the date on which the Design Review became effective, unless prior to
the expiration of two (2) years, a building permit related to the Design Review is
issued and construction commenced and diligently pursued toward completion.
Notwithstanding conditions to the contrary, a Design Review granted pursuant to
this Chapter shall run with the land for this two (2) year period and shall continue
to be valid upon a change of ownership of the site which was the subject of the
Design Review application.
B. The expiration date of an approved Design Review application may be
extended for two (2) years. A first extension may be granted for one (1) year
subject to the approval of the Community Development Director after
consultation with other city departments if such Design Review complies
with current law, standards and policies. A second one (1) year extension
may be granted by the approving body (i.e City Council, Planning
Commission) if such Design Review complies with current law, standards
and policies.
C. Application for such extension shall be filed prior to the expiration of the
initial development plan review application and accompanied by a fee in an
amount as established by resolution of the City Council.
SECTION 5. Based upon all of the evidence presented and the above findings,
the Planning Commission hereby recommends that the City Council of the City of Lake
Agenda Item No. 26
Page 11 of 47
PLANNING COMMISSION RESOLUTION NO. 2008 -
PAGE 3 OF 3
Elsinore approve an ordinance modifying Chapter 17.82 to the Lake Elsinore Municipal
Code and that the City Council of the City of Lake Elsinore approve the Negative
Declaration prepared therefore.
SECTION 6. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 20th day of May 2008, by the
following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Michael O'Neal, Chairman
City of Lake Elsinore
ATTEST:
Rolfe M. Preisendanz
Director of Community Development
Agenda Item No. 26
Page 12 of 47
ATTACHMENT 2
"DRAFT ORDINANCE REVISIONS"
(Proposed Changes in Bold)
LEMC Chapter 17.82.110 Lapse of Design Review approval and Time
Extensions.
A. Design Review approval shall lapse and become void onD (1) two (2)
years following the date on which the Design Review became effective,
unless prior to the expiration of two (2) years, a building permit related to
the Design Review is issued and construction commenced and diligently
pursued toward completion. Notwithstanding conditions to the contrary, a
Design Review granted pursuant to this Chapter shall run with the land for
this two (2) year period and shall continue to be valid upon a change of
ownership of the site which was the subject of the Design Review
application.
B. The expiration date of an approved Design Review application may
be extended for two (2) years. A first extension may be granted for
one (1) year subject to the approval of the Community Development
Director after consultation with other city departments if such Design
Review complies with current law, standards and policies. A second
one (1) year extension may be granted by the approving body (i.e
City Council, Planning Commission) if such Design Review complies
with current law, standards and policies.
C. Application for such extension shall be filed prior to the expiration of
the initial development plan review application and accompanied by
a fee in an amount as established by resolution of the City Council.
:"End Draft Revisions-
Agenda Item No. 26
Page 13 of 47
CITY OF ~
LAI(!:,6,LSiliORJ;
. DREAM EXTREME
DRAFT
INITIAL STUDY /
NEGATIVE DECLARATION NO. 2008-05
for
Zoning Ordinance Text Amendment No. 2008-01
Prepared By:
City of Lake Elsinore
Community Development Department
130 South Main Street
Lake Elsinore, CA 92530
April 2008
Agenda Item No. 26
Page 14 of 47
INITIAL STUDY
Introduction
This Initial Study has been prepared in accordance with relevant provisions of the California
Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000, et seq.: "CEQA") and the State Guidelines
for Implementation of CEQA (14 Cal. Code Regs ~~ 15000 et seq.: "CEQA Guidelines"). According to
Section 15063(c) of the CEQA Guidelines, the purposes of an Initial Study are to:
1. Provide the Lead Agency (Le., the City of Lake Elsinore) with information to use as the basis for
deciding whether to prepare an Environmental Impact Report (EIR) or Negative Declaration; and
to
2. Enable an applicant or Lead Agency to modify a project to mitigate adverse impacts before an EIR
is prepared, thereby enabling the project to quality for a Negative Declaration or Mitigated
Negative Declaration; and to
3. Assist in the preparation of an EIR, if one is required; and to
4. Facilitate environmental assessment early in the design of a project; and to
5. Provide documentation of the factual basis for the findings in a Negative Declaration or Mitigated
Negative Declaration that a project will not have a significant effect on the environment; and to
6. Eliminate unnecessary EIRs; and to
7. Determine whether a previously prepared EIR could be used with the project.
Agenda Item No. 26
Page 15 of 47
INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM
1. Proiect Title:
Zoning Ordinance Text Amendment No. 2008-01
2. Lead Agency Name and Address:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
3. Contact Person and Phone Number:
Wendy Worthey, Environmental Planner
(951) 674-3124, ext. 288
4. Project Location:
Citywide.
5. Project Applicant Name and Address:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
6. General Plan Designation(s):
Not applicable.
7. Zoning:
Not applicable.
8. Description of Project:
The City of Lake Elsinore (City) is proposing to modify the existing Section 17.82.110 of the Lake
Elsinore Municipal Code (LEMC) to allow requests for time extensions for design reviews.
Currently, design review approvals remain valid for only a one (1) year time frame. This
modification of Section 17.82.110 would allow up to four (4) years to complete the design review
process, obtain building permits, and commence construction. This allowance for a time
extension is based upon the assumption that the developer is diligently pursuing completion of
the proposed project. The first request for an extension for up to one (1) additional year would be
handled administratively by the Community Development Director. Should a second extension
be requested, up to another additional one (1) year, this would require approval by the Planning
Commission or City Council.
9. Surrounding: Land Uses and Setting::
Not applicable.
10. Other agencies whose approval is required (e.g.. permits. financing approval. or
participating agreement):
None.
Agenda Item No. 26
Page 16 of 47
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" or as indicated by the checklist on
the following pages.
o Aesthetics
o Biological Resources
o Hazards&Hazardous
Materials
o Mineral Resources
o Public Services
o Utilities/Service Systems
o Cultural Resources
o HydrologyjWater Quality
o Air Quality
o
o
Geology/Soils
o Agricultural Resources
Land Use/Planning
o Noise
o Recreation
o Population/Housing
DTraffic
o Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
181 I find the proposed project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
D I find that although the project could have a significant effect on the environment there will not be a
significant effect in this case because revisions in the project have been made or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
D I find that the proposed project MAY have a significant effect on the environment and an
ENVIRONMENTAL IMPACT REPORT is required.
D I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain
to be addressed.
D I find that although the proposed project could have a significant effect on the environment, because
all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant
to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that
are imposed upon the proposed project, nothing further is required.
~~
April 24, 2008
Date
Signature
Wendy Worthey
Print Name
Principal Environmental Planner
Title
Agenda Item No. 26
Page 17 of 47
ENVIRONMENTAL IMPACT EVALUATION CHECKLIST
1. A "No Impact" answer is adequately supported if the referenced information sources show
that the impact simply does not apply to projects like the one involved (e.g., the project falls
outside a fault rupture zone). A "No Impact" answer should be explained where it is based
on project-specific factors as well as general standards (e.g., the project will not expose
sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-
site, cumulative as well as project-level, indirect as well as direct, and construction as well as
operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one
or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from "Earlier Analyses," cited in support of conclusions reached in
other sections may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063( c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used~ldentify and state where they are available for review.
b. Impacts Adequately Addressed-Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document
pursuant to applicable legal standards, and state whether such effects were
addressed by mitigation measures based on the earlier analysis.
c. Mitigation Measures-For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were
incorporated or refined from the earlier document and the extent to which they
address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8. The explanation of each issue should identify: a) The significance criteria or threshold, if
any, used to evaluate each question; and b) The mitigation measure identified, if any, to
reduce the impact to less than significance.
5
Agenda Item No. 26
Page 18 of 47
A. AESTHETICS
Potentially
Significant
Impact
Would the project:
1. Have a substantial adverse effect on a scenic
vista?
D
2.
Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?)
D
3.
Substantially degrade the existing visual
character or quality of the site and its
surroundings?)
D
4.
Create a source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
D
Less Than
Significant
With
Mitigation
D
D
D
D
Less Than
Significant No Impact
Impact
D IZI
D
IZI
D
IZI
D
IZI
B. AGRICULTURAL RESOURCES*
Potentially
Significant
Impact
5.
Would the project:
Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping andD
Monitoring Program of the California
Resources Agency, to nonagricultural use?
Less Than
Significant
With
Mitigation
D
Less Than No
Significant Impact
Impact
D IZI
6. Conflict with existing zoning for agriculturalD D D [81
use, or a Williamson Act contract?
7. Involve other changes in the existing
environment, which, due to their location orD D D [81
nature, could result in conversion of
Farmland, to nonagricultural use?
* In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Department
of Conservation as an optional model to use in assessing impacts on agricultural and
farmland.
6
Agenda Item No. 26
Page 19 of 47
C. AIR QUALITY*
P ti.all Less Than Less Than
oten y Significant No
Significant With Significant I
mpact
Impact Mitigation Impact
Would the project:
8.
Contlict with or obstruct implementation ofD D D ~
the applicable air quality plan?
Violate any air quality standard or contribute
substantially to an existing or projected airD D D ~
quality violation?
Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air qualityO 0 0 ~
standard (including releasing emissions
which exceed quantitative thresholds for
ozone precursors)?
Expose sensitive receptors to substantialO 0 0 ~
pollutant concentrations?)
Create objectionable odors affecting aD D 0 ~
substantial number of people?)
Where available, the significant criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations.
9.
10.
11.
12.
*
D. BIOLOGICAL RESOURCES
Potentially
Significant
Impact
Less ThanLe Th
S. .fi ss an
Ignl cant S. .fi t N 1m ct
With Ignl can 0 pa
M'ti' ti' Impact
I ga on
Would the project:
13. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local orO
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
14. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regionalO
plans, policies, regulations or by the
California Department of Fish and Game or
U.S. Fish and Wildlife Service?
15. Have a substantial adverse effect on federally
protected wetlands as defined by Section 404
of the Clean Water Act (including, but noto
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
D
D
~
o
o
~
D
~
o
7
Agenda Item No. 26
Page 20 of 47
D. BIOLOGICAL RESOURCES
Potentially
Significant
Impact
Less Than
Si 'fi t Less Than
w'fu: can Significant No Impact
M'ti' tie Impact
1 ga on
Would the project:
16. Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established nativeD
resident. or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
17. Conflict with any local policies or ordinances
protecting biological resources, such as a treeD
preservation policy or ordinance?
18. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or otherD
approved local, regional, or state habitat
conservation plan?
D
D
[8J
D
D
[8J
D
D
[8J
E. CULTURAL RESOURCES
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant No Impact
Impact
Would the project:
19. Cause a substantial adverse change in the
significance of a historical resource as definedD
in Section1S064.S?
20. Cause a substantial adverse change in the
significance of an archaeological resourceD
pursuant to Section1so64.S?
21. Directly or indirectly destroy a unique
paleontological resource or site or uniqueD
geological feature?
22. Disturb any human remains, including thoseD
interred outside of formal cemeteries?
D
D [8J
D
D [8J
D
D [8J
D
D [8J
Would the project:
23. Expose people or structures to potential
substantial adverse effects, including the risk
ofloss, injury, or death involving:
Less Than
Potentially Significant
Significant Impact With
Mitigation
Less than
No
Significant Impact
Impact
F. GEOLOGY AND SOIlS
8
Agenda Item No. 26
Page 21 of 47
F. GEOLOGY AND SOIlS Less Than Less than
Potentially Significant Significant No
Significant Impact With Impact
Would the project: Mitigation Impact
a. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based onO 0 0 ~
other substantial evidence of known fault?
Refer to Division of Mines and Geology
Special Pub. 42.
b. Strong seismic ground shaking? 0 0 0 ~
c. Seismic-related ground failure, including 0 0 0 ~
liquefaction?
d. Landslides? 0 0 0 ~
24. Result in substantial soil erosion, or the loss ofO 0 0 ~
topsoil?
25. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result inO 0 0 ~
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse
26. Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or
property? 0 0 0 ~
27. Have soils incapable of adequately supporting
the use of septic tanks or alternative waste 0 0 ~
water disposal system where sewers are notO
available for the disposal of waste water?
G. HAZARDS AND HAZARDOUS
MATERIALS Potentially Less Than Less than
Significant
Significant With Significant No Impact
Would the project: Impact Mitigation Impact
28. Create a significant hazard to the public or the
environment through the routine transport,O 0 0 ~
use or disposal of hazardous materials?
29. Create a significant hazard to the public or the
environment through reasonably foreseeable
up-set and accident conditions involving theO 0 0 ~
release of hazardous materials into the
environment?
9
Agenda Item No. 26
Page 22 of 47
G. HAZARDS AND
MATERIALS
HAZARDOUS
Would the project:
Potentially
Significant
Impact
30. Emit hazardous emIssIons or handle
hazardous or acutely hazardous materials'D
substances, or waste within one-quarter mile
of an existing or proposed school?
31. Be located on a site which is included on a list
of hazardous materials sites compiled
pursuant to Government Code SectionD
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
32. For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airportD
or public use airport, would the project result
in a safety hazard for people residing or
working in the project area?
33. For a project within the vicinity of a private
airstrip, would the project result in a safetyD
hazard for people residing or working in the
project area?
34. Impair implementation of or physically
interfere with an adopted emergencyD
response plan or emergency evacuation plan?
35. Expose people or structures to a significant
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacentD
to urbanized areas or where residences are
intermixed with wildlands?
Less Than
Significant
With
Mitigation
D
D
D
D
D
D
Less than
Significant No Impact
Impact
D
~
D
~
D
~
D
~
D
~
D
~
H. HYDROLOGY AND WATER QUALITY Potentially
Significant
Would the project: Impact
36. Violate any water quality standards or wasteD
discharge requirements?
10
Less Than
Significant
With
Mitigation
D
Less than
Significant No
Impact Impact
D ~
Agenda Item No. 26
Page 23 of 47
H. HYDROLOGY ANDWATERQUALI1Y Potentially Less Than Less than
Significant No
Significant With Significant Impact
Would the project: Impact Mitigation Impact
37. Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the productionD 0 0 ~
rate of preexisting nearby wells would drop to a
level which would not support existing land
uses or planned uses for which permits have
been granted)?
38. Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, or
substantially increase the rate or amount of 0 0 0 ~
surface runoff in a manner which would result
in substantial erosion or siltation on- or off-
site?
39. Create or contribute runoff water, which would
exceed the capacity of existing or planned stormD 0 0 ~
water drainage systems or provide substantial
additional sources of polluted runoff?
40. Otherwise substantially degrade water quality? 0 0 0 ~
41. Place housing within a loo-year flood hazard
area as mapped on a federal Flood HazardD 0 0 ~
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map?
42. Place within a lOo-year flood hazard area
structures which would impede or redirectD 0 0 ~
flood flows?
43. Expose people or structures to a significant risk
of loss, injury or death involving flooding'D 0 0 ~
including flooding as a result of the failure of a
levee or dam?
44. Inundation by seiche, tsunami, or mudflow? 0 0 0 ~
I. LAND USE AND PLANNING Potentially Less Than Less than
Significant Significant Significant No Impact
With
Would the project: Impact Mitigation Impact
45. Physically divide an established community? 0 0 0 ~
11
Agenda Item No. 26
Page 24 of 47
Would the project:
46. Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, 10calD
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
47. Conflict with any applicable habitat
conservation plan or natural communityD
conservation plan?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
Significant
Impact
No Impact
I. LANDUSEANDP~NG
D
D
IZI
D
D
IZI
Would the project:
48.Result in the loss of availability of a known
mineral resource that would be of value to theD
region and the residents of the state?
49. Result in the loss of availability of a locally
important mineral resource. recovery siteD
delineated on a local general plan, specific plan
or other land use plan?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less than
No
Significant Impact
Impact
J. MINERAL RESOURCES
D
D IZI
D
D IZI
K. NOISE Potentially Less Than Less than
Significant No
Significant With Significant Impact
Would the project result in: Impact Mitigation Impact
50. Exposure of persons to or generation of noise
levels in excess of standards established in theD D D IZI
local general plan or noise ordinance, or
applicable standards of other agencies?
51. Exposure of persons to or generation of
excessive ground-borne vibration or ground-D D D IZI
borne noise levels?
52. A substantial permanent increase in ambient D
noise levels in the project vicinity above levelsD D IZI
existing without the project?
53. A substantial temporary or periodic increase in D
ambient noise levels in the project vicinityD D IZI
above levels without the project?
12
Agenda Item No. 26
Page 25 of 47
K. NOISE
Less Than
Potentially
Significant Significant
With
Impact Mitigation
Would the project result in:
54. For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport orO
public use airport, would the project expose
people residing or working in the project area to
excessive noise levels?
55. For a project located within the vicinity of a
private airstrip, would the project exposeO
people residing or working in the project area to
excessive noise levels?
o
o
Less than
Significant
Impact
No
Impact
o
181
o
181
L. POPULATION AND HOUSING Potentially Less Than Less than
Significant Significant Significant No
With Impact
Would the project: Impact Mitigation Impact
56. Induce substantial population growth in an
area, either directly (for example, by proposing 0 0 181
new homes and businesses) or indirectly (forO
example, through an extension of roads or other
infra-structure)?
57. Displace substantial numbers of existing 0 0 181
housing, necessitating the construction of 0
replacement housing elsewhere?
58. Displace substantial numbers of people, 0 0
necessitating the construction of replacementO 181
housing elsewhere?
M. PUBliC SERVlCES*
Less Than
Potentially Significant
Would the project result in substantial adverse Significant With
physical impacts to the following: Impact Mitigation
Less than
Significant No Impact
Impact
59. Fire protection? D D D [8J
60. Police protection? 0 0 0 181
61. Schools? 0 0 0 181
62. Parks? 0 0 0 ~
63. Other public facilities? D D D 181
* Include potential effects associated with the provision of new or physically altered
governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times
or other performance objectives for any of the public services.
13
Agenda Item No. 26
Page 26 of 47
N. RECREATION
Potentially
Significant
Impact
64. Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantialD
physical deterioration of the facility would
occur or be accelerated?
65. Does the project include recreational facilities
or require the construction or expansion ofD
recreational facilities, which might have an
adverse physical effect on the environment?
Less Than Less than
Significant Significant No
With Impact
Mitigation Impact
D
D
[g\
D
D
[g\
O. TRANSPORTATION/TRAFFIC Potentially Less Than Less than
Significant
Significant With Significant No Impact
Would the project: Impact Mitigation Impact
66. Cause an increase in traffic, which is substantial
in relation to the existing traffic load and
capacity of the street system (Le., result in aD D D [g\
substantial increase in either the number of
vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
67. Exceed, either individually or cumulatively, a
level of service standard established by theD D D [g\
County congestion management agency for
designated roads or highways?
68.Result in a change in traffic patterns, including D
either an increase in traffic levels or a change inD D [g\
location that results in substantial safety risks?
69. Substantially increase hazards due to a design [g\
feature (e.g., sharp curves or dangerousD D D
intersections) or incompatible uses (e.g., farm
equipment)?
70. Result in inadequate emergency access? D D D [g\
71. Result in inadequate parking capacity? D D D [g\
72. Conflict with adopted policies, plans or
programs supporting alternative transportationD D D [g\
(e.g., bus turnouts, bicycle racks)?
14
Agenda Item No. 26
Page 27 of 47
P. UTILITIES AND SERVICE SYSTEMS Potentially Less Than Less than
Significant No
Significant With Significant Impact
Would the project: Impact Mitigation Impact
73. Exceed wastewater treatment requirements of 0 0 ~
the applicable Regional Water Quality ControlO
Board?
74. Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the constructionO 0 0 ~
of which could cause significant environmental
effects?
75. Require or result in the construction of new
storm water drainage facilities or expansion ofO 0 0 ~
existing facilities, the construction of which
could cause significant environmental effects?
76. Have sufficient water supplies available to serve
the project from existing entitlements andO 0 0 ~
resources, or are new or expanded entitlements
needed?
77. Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate capacity to serveD 0 0 ~
the project's projected demand in addition to
the provider's existing commitments?
78. Be served by a landfill with sufficient permitted
capacity to accommodate the project's solidO 0 0 ~
waste disposal needs?
79. Comply with federal, state, and local statuteso 0 0 ~
and regulations related to solid waste?
15
Agenda Item No. 26
Page 28 of 47
Q. MANDATORY
SIGNIFICANCE
FINDINGS
OF Potentially
Significant
Impact
8o.Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten. to eliminate aD
plant or animal community, reduce the number
or restrict the range of rare or endangered plant
or animal or eliminate important examples of
the major periods of California history or
prehistory?
81. Does the project have impacts that are
individually limited, but cumulatively
considerable ("Cumulatively considerable"
means that the incremental effects of a projecto
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects)?
82. Does the project have environmental effects,
which will cause substantial adverse .effects onO
human beings, either directly or indirectly?
Less Than Lessthan
Significant Significant No
With Impact
Mitigation Impact
o
o
~
o
o
~
o
o
~
-End of Environmental Impact Evaluation Checklist -
16
Agenda Item No. 26
Page 29 of 47
ENVIRONMENTAL IMPACT EVALUATION DISCUSSION
The following is a discussion of the potential impacts associated with the approval of the text
amendment revising Section 17.82.110 of the Lake Elsinore Municipal Code (LEMC) to allow for
an extension of the design review timeframe from one (1) year to three (3) years, if necessary.
Currently, design review approvals remain valid for only a one (1) year time frame. This
modification of Section 17.82.110 would allow up to three (3) years to complete the design
review process, obtain building permits, and commence construction. This allowance for a time
extension is based upon the assumption that the developer is diligently pursuing completion of
the proposed project. The first request for an extension for up to one (1) additional year would
be handled administratively by the Community Development Director. Should a second
extension be requested, up to another additional one (1) year, this would require approval by the
Planning Commission.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review as
allowed under this text amendment, it is assumed that their projects have already been reviewed
for environmental compliance. However, should there be justification for additional
environmental review, this will be addressed on a project-by-project basis as needed.
Explanations for each of the checked boxes in the above Environmental Impact Evaluation
Checklist are provided for each item below.
A. AESTHETICS. Would the project:
1) Have a substantial adverse effect on a scenic vista?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to
aesthetics issues, an extension of the design review timeframe would not impact scenic
vistas or scenic resources, degrade the existing visual character or quality of a site, nor
would it create a new source of light or glare.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
2) Substantially damage scenic resources. including. but not limited to. trees. rock
outcroppings. and historic buildings within a state scenic highway?
No Impact: See A-1 above.
3) Substantially degrade the. existing visual character or quality of the site and its
surroundings?
17
Agenda Item No. 26
Page 30 of 47
No Impact: See A-l above.
4) Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
NoImpact: SeeA-l above.
Mitigation Measures for Aesthetics: None.
B. AGRICULTURAL RESOURCES. In determining whether impacts to
agricultural resources are significant environmental effects, lead agencies
may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Department of
Conservation as an optional model to use in assessing impacts on
agriculture and farmland. Would the project:
5) Convert Prime Farmland. Unique Farmland. or Farmland of Statewide Importance
(Farmland). as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency. to non-agricultural use?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to
agricultural resources, an extension of the design review timeframe would not result in
the conversion of any farmland to a non-agricultural use, nor would it conflict with
existing agricultural zoning or a Williamson Act contract.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
6) Conflict with existing zoning for agricultural use. or a Williamson Act contract?
No Impact: See B-S above.
7) Involve other changes in the existing environment. which due to their location or
nature. could result in the conversion of Farmland. to non-agricultural use?
No Impact: See B-S above.
Mitigation Measures for Agricultural Resources: None.
18
Agenda Item No. 26
Page 31 of 47
C. AIR QUALITY. Where available, the significance criteria established by the
applicable air quality management or air pollution control district may be
relied upon to make thefollowing determinations. Would the project:
8) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to air
quality issues, an extension of the design review timeframe would not conflict with or
obstruct implementation of the South Coast Air Quality Management Plan. Further, this
amendment to allow for design review extensions would not violate and air quality
standard, result in cumulative increases in criteria pollutants, affect sensitive receptors,
nor would it result in the creation of objectionable odors.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
9) Violate any air quality standard or contribute substantially to an existing or proiected
air quality violation?
No Impact: See C-8 above.
10) Result in a cumulatively considerable net increase of any criteria pollutant for which
the proiect region is non-attainment under an aDplicable federal or state ambient air
quality standard (including releasing emissions~ which exceed quantitative thresholds
for ozone precursors)?
No Impact: See C-8 above.
11) Expose sensitive receptors to substantial pollutant concentrations?
No Impact: See C-8 above.
12) Create obiectionable odors affecting a substantial number of people?
No Impact: See C-8 above.
Mitigation Measures for Air Quality Impacts: None.
D. BIOLOGICAL RESOURCES. Would the project:
19
Agenda Item No. 26
Page 32 of 47
13)
Have a substantial adverse effect. either directly or through habitat modifications. on
any species identified as a candidate. sensitive. or special status species in local or
regional plans. policies. or regulations. or by the California Department of Fish and
Game or U.S. Fish and Wildlife Service?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to
biological resources, this text amendment allowing for an extension of time for design
reviews would not result in any effects on listed species, would not allow for habitat
modifications, would have no effect on sensitive communities or wetlands, wildlife
movement, local biological policies, nor conflict with any regional habitat conservation
plan.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
14) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans. policies. regulations or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
No Impact: See D-13 above.
15) Have a substantial adverse effect on federally protected wetlands as defined by Section
404 of the Clean Water Act (including. but not limited to. marsh. vernal pool. coastal.
etcJ through direct removal. filling. hydrological interruption. or other means?
No Impact: See D-13 above.
16) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors. or
impede the use of native wildlife nursery sites?
No Impact: See D-13 above.
17) Conflict with any local policies or ordinances protecting biological resources. such as a
tree preservation policy or ordinance?
No Impact: See D-13 above.
20
Agenda Item No. 26
Page 33 of 47
18) Conflict with the provIszons of an adopted Habitat Conservation Plan. Natural
Community Conservation Plan. or other approved local. regional. or state habitat
conservation plan?
No Impact: See D-13 above.
Mitigation Measures for Biological Resources: None
E. CULTURAL RESOURCES. Would the project:
19) Cause a substantial adverse change in the significance of a historical resource as
defined in CEOA Guidelines SectionlIi064,li?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to cultural
resources, this text amendment allowing for an extension of time for design reviews
would not result in any adverse changes to historical resources, archaeological resources,
paleontological resources, or human remains.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
20) Cause a substantial adverse change in the significance of an archaeological resource
pursuant to CEOA Guidelines SectionlIi064..'l?
No Impact: See E-19 above.
21) Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature?
No Impact: See E-19 above.
22) Disturb any human remains. including those interred outside offormal cemeteries?
No Impact: See E-19 above.
Mitigation Measures for Cultural Resources: None.
21
Agenda Item No. 26
Page 34 of 47
F. GEOLOGY AND SOILS. Would the project:
23) Expose people or structures to potential substantial adverse effects. including the risk of
loss. injury. or death involving:
a.) Rupture of a known earthquake fault. as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault? Refer to Division of Mines
and Geology Special Publication 42.
No Impact: This text amendment allowing for a time extension is procedural only
and would not result in any environmental impacts. There are no development
proposals or ground-disturbing activities included as part of this text amendment.
Specific to geology and soils, this text amendment allowing for an extension of time
for design reviews would not expose people or structures to the risk if loss, injury, or
death, would not expose people of structures to seismic ground shaking, seismic-
related ground failure, or landslides. Further, this text amendment would not result
in the loss of topsoil, does not result in placing a project on a geologic unit or soil that
is unstable or expansive, and does not involve any use of septic systems.
The City analyzes the direct and indirect environmental impacts of all projects as they
are submitted for review. When applicants request a time extension for their design
review as allowed under this text amendment, it is assumed that their projects have
already been reviewed for environmental compliance as part of the original design
review. However, should there be justification for additional environmental
compliance, this will be addressed on a project-by-project basis as needed.
b.) Strong seismic ground shaking?
No Impact: See F-23 (a) above.
c.) Seismic-related ground failure. including liquefaction?
No Impact: See F-23 (a) above.
d.) Landslides?
No Impact: See F-23 (a) above.
24) Result in substantial soil erosion or the loss of topsoil?
No Impact: See F-23 (a) above.
25) Be located on a geologic unit or soil that is unstable. or would become unstable as a
result of the project. and potentially result in on- or off-site landslide. lateral spreading.
22
Agenda Item No. 26
Page 35 of 47
subsidence. liquefaction or collapse?
No Impact: See F-23 (a).
26) Be located on expansive soil. as defined in Table 18-1-B of the Unifonn Building Code
(NQ4). creating substantial risks to life or property?
No Impact: See F-23 (a) above.
27) Have soils incapable of adequately supporting the use of septic tanks or alternative
waste water dis~osal system where sewers are not available for the disposal of waste
water?
No Impact: See F-23 (a) above.
Mitigation Measures for Geology and Soils: None.
G. HAZARDS AND HAZARDOUS MATERIAIS. Would the project:
28) Create a significant hazard to the public or the environment through the routine
transport. use. or disposal of hazardous materials?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to hazards
and hazardous materials, this text amendment: does not involve any hazardous materials
or work within an airport or airstrip, would not interfere with any emergency response or
evacuation plan, nor would it expose people or structures to a significant risk of loss,
injury or death involving wildland fires.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-prbject basis as needed.
29) Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous materials
into the environment?
No Impact: See G-28 above.
30) Emit hazardous emissions or handle hazardous or acutely hazardous materials.
substances. or waste within one-quarter mile of an existing or proposed school?
23
Agenda Item No. 26
Page 36 of 47
No Impact: See G-28 above.
31) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 61)Q62.1) and. as a result. would it create a
significant hazard to the public or the environment?
No Impact: See G-28 above.
32) For a proiect located within an airport land use plan or. where such a plan has not been
adopted. within two miles of a public airport or public use airport. would the proiect
result in a safety hazard for people residing or working in the proiect area?
No Impact: See G-28 above.
33) For a proiect within the vicinity of a private airstrip. would the proiect result in a safety
hazard for people residing or working in the proiect area?
No Impact: See G-28 above.
34) Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
No Impact: See G-28 above.
35) Expose people or structures to a significant risk of loss. iniury or death involving
wildland fires. including where wildlands are adiacent to urbanized areas or where
residences are intermixed with wildlands?
No Impact: See G-28 above.
Mitigation Measures for Hazards and Hazardous Materials: None.
H. HYDROLOGY AND WATER QUALITY. Would the project:
36) Violate any water quality standards or waste discharge requirements?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to
hydrology and water quality, this text amendment allowing for an extension of time for
design reviews would not violate any water quality or waste discharge requirements,
would not deplete groundwater supplies nor interfere with groundwater recharge, would
24
Agenda Item No. 26
Page 37 of 47
not alter any drainage pattern not alter the course of stream or river, nor would this text
amendment result in an increase in surface run-off not erosion/siltation. Further, this
text amendment would not result in actions that could exceed the capacity of storm water
drainage systems nor provide substantial additional sources of polluted runoff, would not
degrade water quality, would not place people or structures within lOo-year flood hazard
areas, would not result in flooding, and would not result in inundation by seiche,
tsunami, nor mudflow.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
37) Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g.. the production rate of pre-existing
nearby wells would drop to a level which would not support existing land uses or
planned uses for which permits have been granted)?
No Impact: See H-36 above.
38) Substantially alter the existing drainage pattern of the site or area. including through
the alteration of the course of stream or river. or substantially increase the rate or
amount of the surface runoff in a manner. which would result in substantial erosion or
siltation on- or off-site?
No Impact: See H-36 above.
39) Create or contribute runoff water which would exceed the capacity of existing or
planned storm water drainage systems or provide substantial additional sources of
polluted runoff?
No Impact: See H-36 above.
40) Otherwise substantially degrade water quality?
No Impact: See H-36 above.
41) Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation
map?
No Impact: See H-36 above.
25
Agenda Item No. 26
Page 38 of 47
42) Place within a loo-year flood hazard area structures which would impede or redirect
flood flows?
No Impact: See H-36 above.
43) Expose people or structures to a significant risk of loss. injury or death involving
,flooding. including flooding as a result of the failure of a levee or dam?
No Impact: See H-36 above.
44) Inundation by seiche. tsunami. or mudflow?
No Impact: See H-36 above.
Mitigation Measures for Hydrology and Water Quality: None.
I. LAND USE AND PLANNING. Would the project:
45) Physically divide an established community?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to land
use, this text amendment would not divide an established community, would not conflict
with any applicable land use plan, policy or regulation, nor would it conflict with any
applicable regional habitat conservation plan or natural community conservation plan.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
46) Conflict with any applicable land use plan. policy. or regulation of an agency with
jurisdiction over the project (including. but not limited to the general plan. specific plan.
local coastal program. or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
Less Than Significant Impact: See 1-45 above.
47) Conflict with any applicable habitat conservation plan or natural community
conservation plan?
26
Agenda Item No. 26
Page 39 of 47
No Impact: See 1-45 above.
Mitigation Measures for Land Use: None.
J. MINERALRESOURCES. Wouldtheproject:
48) Result in the loss of availability of a known mineral resource that would be of value to
the region and the residents of the state?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to mineral
resources, this text amendment would not result in the loss of mineral resources.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
49) Result in the loss of availability of a locally important mineral resource recovery site
delineated on a local general plan. specific plan or other land use plan?
No Impact: See J-48 above.
Mitigation Measures for Mineral Resources: None.
K. NOISE. Would the project result in:
50) Exposure of persons to or generation of noise levels in excess of standards established in
the local general plan or noise ordinance. or applicable standards of other agencies?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to noise,
this text amendment would not result in the generation of noise in excess of established
standards, would not result in excessive groundborne vibration or noise levels, would not
result in a temporary or permanent increase in ambient noise levels, nor is the project
within an airport land use plan area or within the vicinity of a private airstrip.
The City analyzes the direct and indirect environmental impacts of all projects as they
are submitted for review. When applicants request a time extension for their design
review as allowed under this text amendment, it is assumed that their projects have
already been reviewed for environmental compliance as part of the original design
27
Agenda Item No. 26
Page 40 of 47
review. However, should there be justification for additional environmental compliance,
this will be addressed on a project-by-project basis as needed.
51) Exposure of persons to or generation of excessive groundborne vibration or
groundborne noise levels?
No Impact: See K-so above.
52) A substantial permanent increase in ambient noise levels in the project vicinity above
levels existing without the project?
No Impact: See K-so above.
53)
A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project? .
No Impact: See K-so above.
54) For a project located within an airport land use plan or. where such a plan has not been
adopted. within two miles of a public airport or public use airport. would the project
expose people residing or working in the project area to excessive noise levels?
No Impact: See K-so above.
55) For a project within the vicinity of a private airstrip. would the project expose people
residing or working in the project area to excessive noise levels?
No Impact: See K-so above.
Mitigation Measures for Noise: None.
L. POPUIATION AND HOUSING. Would the project:
56) Induce substantial population growth in an area. either directly (for example. by
proposing new homes and businesses) or indirectly (for example. through extension of
roads or other infrastructure)?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to
population and housing, this text amendment would not result in substantial population
growth, nor would it result inthe displacement of people or housing.
28
Agenda Item No. 26
Page 41 of 47
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
57) Displace substantial numbers of existing housing. necessitating the construction of
replacement housing elsewhere?
No Impact: See L-S6 above.
58) Displace substantial numbers of people. necessitating the construction of replacement
housing elsewhere?
No Impact: See L-S6 above.
Mitigation Measures for Population and Housing: None.
M. PUBLIC SERVICES.
Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities. need for new or
physically altered governmental facilities. the construction of which could cause
significant environmental impacts. in order to maintain acceptable service ratio.
response times or other performance objectives for any of the public service:
59 - 63) Fire protection? Police protection? Schools? Parks? Other publicfacilities?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to public
services, this text amendment would not result in any impacts to fire or police protection,
schools, parks or other public facilities.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
Mitigation Measures for Public Services: None.
29
Agenda Item No. 26
Page 42 of 47
N. RECREATION
64) Would the proposed project increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
No Impact: As mentioned above, this text amendment would not result in impacts to
parks.
65) Does the project include recreational facilities or require the construction or expansion
of recreational facilities that might have an adverse effect on the environment?
No Impact: Refer to responses M-S9 and M-64 above.
Mitigation Measures to Recreation: None.
O. TRANSPORTATION/TRAFFIC. Would the project:
66) Cause an increase in traffic which is substantial in relation to the existing traffic load
and capacity of the street system (i.e.. result in a substantial increase in either the
number of vehicle trips. the volume to capacity ratio on roads. or congestion at
intersections )?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to
transportation/traffic, this text amendment would not result in any increase in traffic,
nor would it exceed a level of service standard or change traffic patterns. Further, this
text amendment would not increase traffic hazards, would not result in inadequate
emergency access or parking capacity, nor would it conflict with adopted policies, plans,
or programs supporting alternative transportation.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
addressed on a project-by-project basis as needed.
67) Exceed. either individually or cumulatively. a level of service standard established by
the county congestion management agency for designated roads or highways?
No Impact: See 0-66 above.
30
Agenda Item No. 26
Page 43 of 47
68)
Result in a change in traffic patterns. including either an increase in traffic levels or a
change in location that results in substantial safety risks?
No Impact: See 0-66 above.
69) Substantially increase hazards due to a design feature (e.g.. sharp curves or dangerous
intersections) or incompatible uses (e.g.. farm equipmenO?
No Impact: See 0-66 above.
70) Result in inadequate emergency access?
No Impact: See 0-66 above.
71) Result in inadequate parking capacity?
No Impact: See 0-66 above.
72) Conflict with adopted policies. plans. or programs supporting alternative
transportation (e.g.. bus turnouts. bicycle racks)?
No Impact: See 0-66 above.
Mitigation Measures for Traffic: None.
P. UTILITIES AND SERVICE SYSTEMS. Would the project:
73) Exceed wastewater treatment requirements of the applicable Regional Water Ouality
Control Board?
No Impact: This text amendment allowing for a time extension is procedural only and
would not result in any environmental impacts. There are no development proposals or
ground-disturbing activities included as part of this text amendment. Specific to utilities
and service systems, this text amendment would not result in the need for new or
expanded water/ wastewater treatment nor storm drain facilities. This text amendment
does not result in the need to evaluate water supply, wastewater treatment, landfill
capacity, or compliance with solid waste regulations.
The City analyzes the direct and indirect environmental impacts of all projects as they are
submitted for review. When applicants request a time extension for their design review
as allowed under this text amendment, it is assumed that their projects have already been
reviewed for environmental compliance as part of the original design review. However,
should there be justification for additional environmental compliance, this will be
31
Agenda Item No. 26
Page 44 of 47
addressed on a project-by-project basis as needed.
74)
::;uire or result in the construction of new water or wastewater treatment facilities or
ansion of existing facilities. the construction of which could cause significant
environmental effects?
No Impact: See P-73 above.
75)
R:;uire or result in the construction of new storm water drainage facilities or
e ansion of existing facilities. the construction of which could cause significant
environmental effects?
No Impact: See P-73 above.
76) Have sufficient water supplies available to serve the project from existing entitlements
and resources. or are new or expanded entitlements needed?
No Impact: See P-73 above.
77) Result in a determination by the wastewater treatment provider which serves or may
serve the project that it has adequate capacity to serve the project's projected demand
in addition to the provider's existing commitments?
No Impact: See P-73 above.
78) Be served by a landfill with sufficient permitted capacity to accommodate the project's
solid waste disposal needs?
No Impact: See P-73 above.
79) Comply with federal, state, and local statutes and regulations related to solid waste?
No Impact: See P-73 above.
Miti2ation Measures for Utilities: None.
32
Agenda Item No. 26
Page 45 of 47
Q. MANDATORY FINDINGS OF SIGNIFICANCE.
80) Does the project have the potential to degrade the quality of the environment.
substantially reduce the habitat of a fish or wildlife species. cause a fish or wildlife
population to drop below self-sustaining levels. threaten to eliminate a plant or animal
community. reduce the number or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major periods of California history or
prehistory?
No Impact: This text amendment involves changes to the Municipal Code with no
physical development activity that could affect biological resources. Therefore, the
proposed amendment will have no impact on any sensitive plant or animal species nor
habitat or populations. Likewise, there will be no impacts to any examples of major
periods of California history or prehistory.
81) Does the project have impacts that are individually limited. but cumulatively
considerable? ("Cumulatively considerable" means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects. the
effects of other current projects. and the effects of probable future projects)?
No Impact: This text amendment involves changes to the Municipal Code with no
physical development activity that could result in any impacts considered project-specific
or cumulative.
82) Does the project have environmental effects which will cause substantial adverse effects
on human beings. either directly or indirectly?
No Impact: This text amendment involves changes to the Municipal Code with no
physical development activity that could directly or indirectly affect human beings.
-End of Environmental Impact Evaluation Discussion -
33
Agenda Item No. 26
Page 46 of 47
CITY OF ~
LARJ; ,6,LSiNOR,f
. DREAM E,XTREME..
Notice of Public Hearing and Availability
Notice of Intent to Adopt a Negative
Declaration
From:
Tom Weiner. Planning Manager
(951) 674-3124 extension 270
Project Title:
Zoning Ordinance Text Amendment No. 2008-03
Applicant:
City of Lake Elsinore
Project Description: A request to amend Lake Elsinore Municipal Code Chapter 17.82 (Design
Review) in order to modify existing guidelines for time extensions related to
Design Review approvals.
Project Location:
City-wide in all Zoning districts
"If you challenge the (nature of the proposed) action in Court, you may be limited to raising only those
issues you or someone else at the public hearing described in this notice. or in written correspondence
delivered to the Planning Commission at, or prior to. the public hearing/meeting."
Pursuant to the State of California Environmental Quality Act (CEQA), a Negative Declaration has been
prepared for this project. Copies of the Negative Declaration are available for public review from April
24.2008 through May 14, 2008 at Lake Elsinore City Hall 130 E. Main Street. Lake Elsinore, CA 92530.
ALL INTERESTED PERSONS are invited to attend this hearing/meeting and express opinions upon
the item listed above. or to submit written comments to the Planning Division prior to this date.
FURTHER INFORMATION on this item may be obtained by contacting Tom Weiner in the Planning
Division, at City Hall (951) 674-3124. extension 270.
oUct 0 U Ie tATlng teung. orm o.
P4ge 1 of 1
. . e'VJSe "gust,
.0.26
Page 47 of 47
CITY OF ..~
LAKi \6ILSiii6~
~ DREAM EXTREME
REPORT TO THE CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: SUB-COMMITTEE RECOMMENDATIONS
COMMISSION EXPIRED TERMS
FOR
PLANNING
Backaround
Members of the Planning Commission are appointed by the City Council and serve four
year staggered terms. There are three Planning Commissioner terms expiring on June
30, 2008 (Gonzales, Mendoza and O'Neal). At their May 13, 2008 meeting, City
Council selected Councilman Magee and Councilman Buckley to evaluate the
applications, interview the candidates and make a recommendation to the City Council.
Notice of vacancies were published in the Press Enterprise on May 4, 2008, and posted
at City Hall from May 4th through June 4th. The sub-committee conducted interviews on
Saturday, June 14th and has made recommendations to fill the Planning Commission
seats with terms expiring June 30, 2012.
Fiscal Impact
None.
Recommendation
Consider the sub-committee's recommendations and appoint the following three
individuals to fill terms expiring June 30, 2012, on the Planning Commission: John
Gonzales, Phil Mendoza and Michael O'Neal.
Prepared by:
Vivian M. MunsfY
City Clerk
Robert A. BradyA1tt
City Manager W
Approved by:
Agenda Item No. 27
Page 1 of 1
CITY OF ~
LAKE \6/LSiNO~
~~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JUNE 24, 2008
SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1254,
APPROVING PLANNED UNIT DEVELOPMENT NO. 2008-01
Discussion
Ordinance No. 1254 was introduced at a regular City Council meeting on June 10,
2008, and is now being presented for second reading and adoption.
Recommendation
Waive further reading and adopt Ordinance No. 1254, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING PLANNED UNIT
DEVELOPMENT NO. 2008-01
Prepared by:
Vivian M. Muns~
City Clerk
Approved by:
Robert A. Brady
City Manager
Agenda Item No. 28
Page 1 of 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
PLANNED UNIT DEVELOPMENT NO. 2008-01
WHEREAS, Matthew Fagan, of Matthew Fagan Consulting Services, filed
an application with the City of Lake Elsinore requesting approval of Planned Unit
Development No. 2008-01 for a thirty-one (31) unit mixed use retail/commercial multi-
family residential condominium project located at 15712 Grand Avenue (APN 381-030-
005) (the "Project"); and
WHEREAS, on May 20, 2008, the Planning Commission of the City of
Lake Elsinore considered the proposed Planned Unit Development No. 2008-01 and
recommended that the City Council of the City of Lake Elsinore approve the Planned
Unit Development; and
WHEREAS, the City Council of the City of Lake Elsinore has been
delegated with the responsibility of approving Planned Unit Developments; and
WHEREAS, public notice of the Project has been given, and the City
Council of the City of Lake Elsinore has considered evidence presented by the
Community Development Department and other interested parties at a public hearing
held with respect to this item on June 8, 2008.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
Section 1. Prior to approving the project, the City Council of the City of
Lake Elsinore has reviewed and analyzed Planned Unit Development No. 2008-01
pursuant to the Planning and Zoning Laws (Cal. Gov. Code 65000 et. seq.) and Chapter
17.38 of the Lake Elsinore Municipal Code ("LEMC").
Section 2. That in accordance with State Planning and Zoning law and
the City of Lake Elsinore Municipal Code, the City Council makes the following findings
for the approval of Specific Plan No. 2005-02:
a. The proposed development is capable of creating an environment of sustained
desirability and stability, or adequate assurance will be provided such objective
will be attained.
The project proposes to allow mixed use opportunities allowing neighborhood
commercial uses as well as condominium uses on the same site. This mixed use
component adds a neighborhood commercial use to an area that currently
provides minimal commercial uses. Therefore, the project will create a new
mixed use while adding to the affordable residential opportunities in the general
area.
1
Agenda Item No. 28
Page 2 of 4
j. The PUD Plan has complied with all applicable City requirements.
The PUD has met and in some cases exceeded all City requirements per the
General Plan, Lake Elsinore Municipal Code including Chapter 17.37, Planned
Unit Development Overlay District.
Section 3. Based upon all of the evidence presented, and the above
findings, the Planning Commission hereby recommends the City Council of the City of
Lake Elsinore approve Planned Unit Development No. 2008-01.
Section 4. This ordinance shall take effect thirty (30) days after the date
of its final passage. The City Clerk shall certify as to adoption of this ordinance and
cause this ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this day of 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
4
Agenda Item No. 28
Page 3 of 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Ordinance No. was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the day of
, and was finally passed at a regular meeting of the City Council of the
City of Lake Elsinore held on the day of , by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
i ;i
5
Agenda Item No. 28
Page 4 of 4