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HomeMy WebLinkAbout07/22/2008 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 ************************************************************************************* TUESDAY, JULY 22,2008 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 (1) Public Employee Performance Evaluation (Pursuant to Gov't Code 954957): City Clerk CALL BACK TO ORDER (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENT A TIONS/CEREMONIALS (2) Mayor Hickman will present Certificates of Appreciation to Trace Greenelch. (3) Mayor Hickman will present a plaque to Flour Fusion for Business of the Quarter. (4) Mayor Hickman will present Certificates of Appreciation to those who participated in the "Bird Tract Revitalization Project." (5) 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 Council member or any member of the public requests separate action on a specific item.) (6) Minutes of the Followinq Meetinq(s) a) Joint City Council/Redevelopment Agency Study Session - July 8,2008 b) Regular Meeting - July 8, 2008 Recommendation: Approve as submitted. (7) Warrant List Dated Julv 15. 2008 Recommendation: Authorize payment of Warrant List dated July 15, 2008. (8) Investment Report - June 2008 Recommendation: Receive and file. (9) Resolution Confirminq Fiscal Year 2008-09 Special Taxes for CFD's Recommendation: Waive further reading and adopt a resolution requesting the tax collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. (10) Professional Landscape Plan Check and Inspection Services - David Evans and Associates Recommendation: Authorize the City Manager to enter into a contract, in a form approved by the City Attorney, with David Evans and Associates, Inc. to provide landscape plan check and inspection services to the City of Lake Elsinore for Fiscal year 2008-2009. (11) Selection of Landscape Architectural Firms for Landscape Desiqn Services and Award of Aqreement Recommendation: Authorize the City Manager to sign the Professional Services Agreements with BMLA Landscape Architecture and David Volz Design for on- call landscape architectural design services and to issue purchase orders on a project-by-project bases. (12) License Renewal - ESRI Geoqraphic Information System (GIS) Software Recommendation: City Council authorize the City Manager to approve the renewal of the ESRI ArcGIS software licenses for FY 2008-09. (13) Approval of New Web Site Policies and Disclaimer Recommendation: Approve proposed Web site policies and disclaimer for implementation with the new City Web site. (14 ) Professional contract Services with Bu reau Veritas for Development Plan Checkinq on an On-call Basis Recommendation: Approve the continuation of the existing agreement with Bureau Veritas. (15) Professional Contract Services with Harris and Associates for Development Plan Checkinq and Construction Inspection on an On-Call Basis Recommendation: Approve the continuation of the existing Agreement with Harris and Associates for development plan checking and construction inspection on an on-call basis. (16) Franklin Street Rehabilitation and Storm Drain Improvements - Notice of Completion 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. (17) 1-15/Railroad Canyon Road and 1-15/SR-74 Interchanqe Update Recommendation: Receive and file report. (18) General Plan Update Recommendation: Receive and file report. (19) Purchase Order for Contract Plan Check Services for Fiscal Year 2008/09 Recommendation: Authorize the City Manger to approve a Purchase Order in the amount of $150,000 for Scott Fazekas and Associates to provide plan check services for fiscal year 2008/09. This amount was budgeted for in the 2008/09 Building Division Professional Services account. (20) Purchase of Crossroads Software Collision Database and Automated Handheld Citation Systems Usinq Supplemental Law Enforcement Services Fund Grant (SLESF) Recommendations: a) Approve the purchase of Crossroads Software/Automated Collision Database System with GIS Collision Mapping Module. b) Approve the purchase of nine SymbolMC35 Handheld citation instruments and printers. c) Approve the exemption from the bid process for this sole source vendor, Crossroads Software. d) Approve the expenditures in the amount of $50,386.63 to Crossroads Software from the Supplemental Law Enforcement Services Fund Grant (SLESF). PUBLIC HEARINGS There are no public hearings. APPEAL(S) (21 ) Appeal - Decision of the Nuisance Abatement Board Declarinq the Property Located at 606 East Minthorn Street Recommendation: Deny the appeal and uphold the decision of the Nuisance Abatement Board to declare this property a nuisance. (22) Consideration of Two Appeals of the Plannino Commission's Decision to Approve Conditional Use Permit No. 2008-09. a Request for the Establishment of Live Music. Dancino, and Entertainment Within Areas of an Existino Bowlinq and Entertainment Center (Trevi Lanes) Recommendations: Consider the appeal(s) and either: a. Uphold the Planning Commission's decision to approve Conditional Use Permit No. 2008-09 as originally approved; or b. Uphold the Planning Commission's decision to approve Conditional Use Permit No. 2008-09 with additional conditions of approval presented herein; or c. Overturn the Planning Commission's decision and deny Conditional User Permit No. 2008-09. BUSINESS ITEMS (23) Pilot Prooram to Water Foreclosure Properties Recommendation: Receive and file report and provide additional direction to staff. (24) Resolution Amendino City Council Policy 300-3 Reqardino City Credit Cards. Meals. Meetinos and Travel Expenses Recommendation: Waive further reading and adopt a resolution amending the City of Lake Elsinore City Council Policy 300-3. (25) Appointment of Approvino Body for Determinations of Public Convenience and Necessity for the Department of Alcoholic Beveraqe Control Recommendations: a) Designate the Planning Commission as the authority for determining public convenience and necessity, unless appealed, whereas the City Council would assume the responsibility. b) Authorize the City Clerk or Director of Community Development to issue letters of public convenience and necessity. This letter will only be issued after the City Councilor Planning Commission has approved a conditional use permit for alcohol sales or has otherwise made a determination regarding a PCN request. If the Planning Commission or City Council deny a conditional use permit or otherwise determine that PCN cannot be found, then a letter to that effect will be transmitted to ABC. 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, August 12, 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 5~ 17, :>-fJot DA E CITY OF .~ LAKE ,6JLSiI10RJ ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER DATE: JULY 22,2008 SUBJECT: CLOSED SESSION ITEM(S) Discussion PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code 954957): City Clerk Recommendation Recess prior to adjournment of tonight's meeting in order to conduct an executive (closed) session. Prepared by: Vivian M. Muns4J City Clerk Approved by: Robert A. BradyllMt City Manager ~ Agenda Item No. 1 Page 1 of 1 CITY OF .~ LAIZE ,5,LSiNORi ~.~ DREAM E;(TREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22,2008 SUBJECT: PRESENTATION OF CERTIFICATES OF APPRECIATION Discussion Mayor Hickman will present Certificates of Appreciation to Trace Greenelsh. Recommendation Receive and file. Prepared by: Vivian M. Muns@ City Clerk Robert A. Brady nrB-, City Manager 'jl{\V Approved by: Agenda Item No.2 Page 1 of 1 CITY OF ..~ LA~E ,5, Lsiii6RJ: ~ DREAM EXtREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22, 2008 SUBJECT: PRESENTATION TO THE BUSINESS OF THE QUARTER Discussion Mayor Hickman will present a plaque to Flour Fusion for Business of the Quarter. Prepared by: Vivian M. Muns-~ / City Clerk ~ Robert A. Brady orfi City Manager tw Approved by: Agenda Item No. 3 Page 1 of 1 CITY OF .~ UlIZE ,&U;iNORf ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22,2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present Certificates of Appreciation to those who participated in the "Bird Tract Revitalization Project." Prepared by: Vivian M. Muns~ City Clerk V Robert A. Bradyn~ City Manager lLW Approved by: Agenda Item No.4 Page 1 of 1 CITY OF .~ LAKE \6,LSiri()~ ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22, 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. Munso~ City Clerk Approved by: Robert A. Brady' ~ City Manager 1fJ'V Agenda Item NO.5 Page 1 of 1 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 8,2008 **************************************************************************************************** CALL TO ORDER Mayor Hickman called the Joint Study Session to order at 4:03 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: COUNCILMAN BUCKLEY Also present were: City Manager Brady, Assistant City Attorney Mann, Administrative Services Director Pressey, Information/Communications Manager Dennis, Parks and Recreation Director Gonzales, Director of Public Works/City Engineer Seumalo, Planning Manager Weiner, Building Division Manager Chipman 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. PUBLIC COMMENTS CONSENT CALENDAR ITEMS (5) Minutes of the Followinq Meetinq(s) No comments. (6) Warrant List Dated June 30, 2008 Mayor Hickman inquired about Check No. 96336. Administrative Services Director Pressey responded to his inquiry. 1 Agenda Item NO.6 Page 1 of 14 (7) Approval to Participate in the Riverside County Mortqaqe Certificate (MCC) Proqram Mayor Hickman inquired if any of the homes that were purchased under this program are in foreclosure. Administrative Services Director Pressey responded he was not certain. (8) Application for the Name ChanQe of Alderwood Circle in the Alberhill Ranch Development No comments. (9) Amendment To Resolution Callinq And Givinq Notice Of Hold Of A General Municipal Election No comments. (10) Resolution to Approve Placinq Delinquent Refuse Bills on FY 2008-2009 Tax Roll Councilman Schiffner inquired if the tax lien stays on the ta>.< roll. City Manager Brady responded that it did stay on the tax roll. PUBLIC HEARINGS (11) Citywide Liqhtinq and Landscapinq Maintenance District and the Landscape and Liqhtinq Maintenance District No.1 for Fiscal Year 2008-09 No comments. BUSINESS ITEMS (12) Proqress Report on Abandoned/Foreclosed Property Ordinance Building Division Manager Chipman provided an overview of the program along with a PowerPoint presentation. He indicated there still are a lot of areas that needed to be identified, such as Canyon Hills, Alberhill, Rosetta Canyon and some remaining in Tuscany Hills. Mayor Hickman suggested allocating the City's water truck to provide some water on street-sweeping days to water the trees and plants on these abandoned properties. He indicated he spoke with four of the Board Members on the Water Department and they have guaranteed the use of free recycled water. Building Inspector Burns reported he has been going through neighborhoods to try to identify the properties and have been successful in registering properties. 2 Agenda Item NO.6 Page 2 of 14 He also reported the local real estate agencies have been very good with following up on the City's calls; however, the banks are much more difficult to communicate with to discuss the identified properties and have proved to be a very slow process. Councilman Magee indicated he had the opportunity to take a look at the City's 20 year old water truck and expressed his concern with the age and capacity of the water truck. He suggested selecting a couple of homes so that the Council could evaluate the time, dollar and results. He indicated he wanted to be certain the right tool was being used for the job and to show the tax payers the City is doing something. Mayor Hickman suggested contacting Castle & Cooke to inquire what they are doing and using to keep their properties. Public Works Director/City Engineer Seumalo reported it would take 54 gallons of water per house, which includes an average size lawn; an average number of trees or shrubs, and with a 2,000 gallon tank, the City would be doing 45 houses on average per load. He indicated connecting a fire hose to the back of the truck and using the nozzle would be more practical. Councilman Schiffner suggested checking into hiring construction water trucks possibly for less money. Councilman Magee indicated the goal here is to show the City is being responsive, that the City is not turning a blind eye, or being too bureaucratic. He noted the City needs to make sure they have the right tool, that they have the correct frequency and to ensure it is done in a cost effective manner. Mayor Pro Tem Kelley noted it would be nice to have news coverage on what the City is doing and how the City is willing to work with the realtors and HOAs. Mayor Hickman stated after having talked to the Board of Director of the Water Department, they are willing to let the City tap into the fire hydrants to use potable water. (13) Second Readinq - Adoption or Ordinance No. 1255. Amendinq Chapter 17.82 of the Lake Elsinore Municipal Code Reqardinq Time Extensions for Desiqn Review Approvals No comments. 3 Agenda Item NO.6 Page 3 of 14 REDEVELOPMENT AGENCY CONSENT CALENDAR ITEMS (2) Approval of Redevelopment Aqencv Minutes No comments. (3) Warrant List Dated June 30.2008 No comments. PUBLIC HEARINGS There were no public hearings. BUSINESS ITEMS There were no business items. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There were no public comments. ADJOURNMENT Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Session at 4:48 p.m. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item NO.6 Page 4 of 14 MINUTES CITY COUNCIL CrTY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 8, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:08 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION Assistant City Attorney Mann 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: - 1 potential case City Negotiator: City Manager Brady Assistant City Attorney Mann 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 5:08 p.m. RECONVENE IN PUBLIC SESSION (7:00 P .M) PLEDGE OF ALLEGIANCE Michael O'Neal led the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER 1 Agenda Item NO.6 Page 5 of 14 Mayor Hickman led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, Assistant City Attorney Mann, Administrative Services Director Pressey, Captain Fetherolf, Lieutenant Fontneau, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT Assistant City Attorney Mann stated City Council met in Closed Session to discuss anticipated litigation, pursuant to Government Code Section 54956.9, one potential case. The Assistant City Attorney indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented Certificates of Appreciation to David Lewis, Robert Hanson and Victor Hanson for maintaining the yards in their neighborhoods that have been affected by foreclosure. (3) Mayor Hickman presented a proclamation in recognition of Parks and Recreation Month to Parks and Recreation Director Gonzales. (4) Danielle Coats of the Western Riverside Council of Governments, provided an Agency overview of the Western Riverside Council of Governments to the City Council. PUBLIC COMMENTS - NON-AGENDlZED ITEMS - 1 MINUTE Ruth Atkins, resident, stated she was speaking for the Downtown Merchants Association, EVAN and Lake Elsinore Historical Society and thanked the City and staff for all of their help and support during the City's 120th Anniversary Celebration events. She also announced the free concerts in the park will begin on August 16th. 2 Agenda Item NO.6 Page 6 of 14 Pete Dawson, LEMSAR representative, provided a report for the 4th of July weekend at the lake. He also commented the Parade on the Lake was very nice and the Fireworks were great. Chris McKoy, resident, stated he applied recently for a Planning Commission seat and indicated he was disappointed when he received his letter because and he feels the City can only move forward when new faces, ideas and thoughts are put into place and this will only occur when new people are appointed. Chris McKoy, also discussed his problems with graffiti on his property, the process he has taken to remove the graffiti on this property, and he feels the City's graffiti ordinance is directed in the wrong direction. He indicated he feels the homeowners are not the problem and suggested having a waiver to offer to the homeowners so the City can go on their property to assist in removing the graffiti as opposed to fining the homeowner for the graffiti that was created by another individual. He also suggested going after the people that create this problem and not the homeowners. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 5 THROUGH 10 The following items were listed on the Consent Calendar for Council approval: (5) Minutes of the Followinq Meetinq(s) a) Joint City Council/Redevelopment Agency Study Session - June 24, 2008 b) Regular Meeting - June 24,2008 Recommendation: Approve as submitted. (6) Warrant List Dated June 30. 2008 Recommendation: Authorize payment of Warrant List dated June 30,2008. (7) Approval to Participate in the Riverside County Mortqaqe Certificate (MCC) Proqram Recommendation: Waive further reading and adopt Resolution No. 2008-73, approving participation with the County of Riverside Mortgage Credit Certificate (MCC) Program. (8) Application for the Name Chanqe of Alderwood Circle in the Alberhill Ranch Development Recommendations: a) Approve the street name change request. b) Direct the City Clerk to notify the County Board of Supervisors of the street name change. 3 Agenda Item NO.6 Page 7 of 14 (9) Amendment To Resolution Callina And Givina Notice Of Hold Of A General Municipal Election Recommendation: Waive further reading and adopt Resolution No. 2008-74, amending and restating 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. (10) Resolution to Approve Placina Delinquent Refuse Bills on FY 2008-2009 Tax Roll Recommendations: a. Waive further reading and adopt Resolution No. 2008-75, affirming the report of delinquent residential refuse fees and directing their collection on the property tax roll. b. Direct the City Clerk to file with the Riverside County Auditor a certified copy of the resolution along with the 120-days past due accounts report. It was moved by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to approve the Consent Calendar Items Nos. 5 through 10. The following vote resulted: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (11) COUNCIL APPROVES RESOLUTIONS CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2008-09 FOR THE CITYWIDE LLMD AND FOR THE LLMD NO.1 Mayor Hickman opened the public hearing at 7:32 p.m. 4 Agenda Item NO.6 Page 8 of 14 City Clerk Munson announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey presented the staff report. He stated the Citywide District is $1,275,730 which includes 21 zones. He also reported the 2nd District is $209,000 which includes 29 zones in the City. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. Mayor Hickman inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. There being none, Mayor Hickman closed the public hearing at 7:36 p.m. Mayor Hickman directed City Clerk Munson to tabulate the ballots and announce if a majority protest had been made. City Clerk Munson tabulated the ballots and announced no majority protest exists. It was moved by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-76, confirming a diagram and assessment and providing for annual assessment levy after formation of a district Fiscal year 2008-09 for the Citywide LLMD. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 5 Agenda Item NO.6 Page 9 of 14 It was moved by Councilman Magee, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-77, confirming a diagram and assessment and providing for annual assessment levy atter formation of a district Fiscal Year 2008-09 for the LLMD No.1. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (12) COUNCIL DIRECTED STAFF TO EXECUTE A DEMONSTRATION OR PILOT PROGRAM OVER THE COURSE OF THE NEXT TWO WEEKS THAT LOOKS AT GETTING THE RIGHT TOOL FOR THE JOB. DETERMINE THE WATERING FREQUENCY FOR THE AFFECTED AREAS IN ORDER TO KEEP THEM GREEN AND THEN TO COME UP WITH A BUDGET COUNCIL UNDERSTANDS THE MANPOWER AND THE COSTS THAT THE CITY IS GOING TO INCUR Building Division Manager Chipman presented the staff report. He reported the program has been in affect since May 2008. He reviewed the maps enclosed with the staff report of the number of foreclosed homes in the City and what staff has been accomplishing since the effective date of the ordinance. Mayor Hickman indicated he brought this forward and recommended the City take its water truck and follow the street sweeper and give some of these yards some water. Councilman Magee stated he would like to identify a demonstration program over the course of the next two weeks and suggested staff work with our existing equipment and personnel and the local builder who is already implementing such a program in one of their tracts. He suggested staff go out and do a pilot program or demonstration and report back to Council in two weeks as to what they found in terms of the equipment, the frequency of the need that would need to be employed, how much money this is going to cost and whether or not Council is ready to fund this. 6 Agenda Item No. 6 Page 10 of 14 Councilman Magee requested staff to execute a demonstration or pilot program over the course of the next two weeks that looks at getting the right tool for the job, determine the watering frequency for the affected areas in order to keep them green and then to come up with a budget so that Council understands the manpower and the costs that this is going to incur. He suggested identifying an area that is close to the yard, maybe pick a few homes in the "Avenues", to start with so that in two week, staff can identify something. Phil Williams, EVMWD Board Member described the "Green Lien Program" which is a voluntary lien that is placed on the property by the foreclosed entity that actually had to remove the homeowner. He indicated the program allows the realtors to sign up with the permission of the bank, the technical owner of the property and set up an account where the property would be liened continuously and once the home is sold, through title, the money would be recouped at that time. He also stated obtaining the free recycled water would not be an issue. Mayor Pro Tem Kelley indicated time, cost and effectiveness is what she is looking for. It was the consensus of the City Council to have staff execute a demonstration or pilot program over the course of the next two weeks that looks at getting the right tool for the job, determine the watering frequency for the affected areas in order to keep them green and then to come up with a budget Council understands the manpower and the costs that the City is going to incur and suggested identifying an area that is close to the yard, maybe pick a few homes in the "Avenues", to start with that so that in two week staff can report back to Council. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (13) COUNCIL ADOPTS ORDINANCE NO. 1255. AMENDING CHAPTER 17.82 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS 7 Agenda Item NO.6 Page 11 of 14 It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Ordinance No. 1255 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.82 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Thursday, July 10th, Chamber Mixer at the Diamond Club and admission is $10. 2) Saturday, July 12th, Household Hazardous Waste, from 9:00 a.m. to 2:00 p.m. at 521 N. Langstaff, adjacent to the City Yard. 3) Saturday, July 12th and 19th, Historic Downtown Lake Elsinore at Main at Peck 4) Tuesday, July 15th, Storm Baseball Golf Tournament 5) Thursday, July 1ih, Movies in the Park, After Dark, 7:30 p.m. at Summerlake Park - free to all. 6) Thursday, July 1ih, EWDC Luncheon at the Diamond Club from 11 :30 a.m. to 1 :30 p.m. He noted this month the 3rd Annual Conversation with Southwest CA City Managers. CITY ATTORNEY COMMENTS No comments. 8 Agenda Item No.6 Page 12 of 14 CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tern Kelley commented on the following: No comments. Councilmember Magee commented on the following: 1 ) Announced Assemblyman Jeffries was successful in getting a bill through the State Legislature recognizing the old historic Route 395 which used to wind its way through downtown Main Street. He indicated he has asked staff to work with the Assemblyman's Office about securing signs and identifying areas where the City could mount the signs and have some sort of recognition downtown to include notifying the Historical Society and the Downtown Merchants Association the City will work with them on this endeavor. 2) Announced LEMSAR has asked if they could be included on the City's insurance program, asked LEMSAR to put together a formal request to pass it on to the insurance agency to assess the additional costs so that Council may be able to make a decision. 3) Reco~nized City Manager Brady and staff for the outstanding work they did over the 4t of July Holiday and he noted he received plenty of compliments. City Manager Brady recognized the Lake Department for their great job with the parade and recognized the Downtown Merchants Association for such a successful organization of their events during the 4th of July. Councilmember Buckley commented on the following: No comments. Mayor Hickman commented on the following: 1) Commented on the outstanding Boat Parade and Fireworks show. 2) Recognized the Downtown Merchants Association, the Chamber of Commerce and recommended viewing the beautiful murals. 9 Agenda Item No.6 Page 13 of 14 3) Announced starting July ih, seniors 60 years and older making less than $41,000 are entitled to a property tax rebate. If interested, please call the senior center 674-2526. Mayor Hickman adjourned the meeting at 8:15 p.m. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 10 Agenda Item No. 6 Page 14 of 14 CITY OF ...~ LAKE \6,LSiNO~ . ,,~ DREAM E,XTREME... REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22, 2008 SUBJECT: WARRANT LIST DATED JULY 15,2008 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Recommendation Authorize payment of Warrant List dated July 15, 2008. Prepared By: Matt N. Pressey Director Of Administrative Services Approved By: Robert A. Brady~~ City Manager ~U\V Agenda Item No. 7 Page 1 of 6 JUL7 15.2008 CITY OF LAKE ELSINORE WARRANT SUMMAR Y FUND# 100 105 110 112 118 130 205 221 254 352 353 356 360 378 605 606 608 610 620 FUND DESCRIPTION TOTAL ___ ________ _n~n 5,0~~!15_~ 14 ______________ ___n________~~~~_28___IQn __________ _ 1 ,6!~:8L ___ __~4j_,9~3.90_ _ ____--.1,QQ~~_ 54-,-~Q~.~8 _ 333.64 ---------- -.-------.-. -,------ - -- - ------ -..---" _._----~-_. .--,,------------ _ _________ _ _ _._ _ 3,430.0Q_ _______m_14,95~.81 _1,~~?..~~ _________________ ___ ____ _ ________ 2,6JQ.7S_ _ ___~84.6~ __ ?,~4!.~~ ____10,Q0_{).{)0 u_ 3,9I5.QO ____ ?,()7~.I8_ _____ __4,3n.~_ 35,678.00_ _ __ nn__17-,-~()1.QO GENERAL FUND --".-----_._.~-_._._-_.....,_.._.__._~-_._--,.__.- ------ MISC. GENERAL PROJECT FUND -- ------_._~.._--_._----_._--_.,.-_._----_._"--- STATE GAS TAX FUND ----------------------------..-.----- TRANSPORTATION/MEASURE A FUND __~____._._ _______ ___ _____.."'._______ _____..,___'__n__ LAKE SIDE FACILITIES DIF FUND --------...-,-----..--------... .--------.-.-----..----- -- ---- ---------..----------. LIGHTING/LANDSCAPE MAINTENANCE FUND ------ _._---------_._--~"_.,--_....~--- --------_...~--- TRAFFIC IMPACT FEE FUND ._--_.._----~._-----_......._._~---_._._---_._._- PARK C.I.P. FUND _______..-'..,_____._.,,_.._.________..___.._____..._~_~.,,_.._______.___ ___n_.__. ... A.D. 89-1 RAIL ROAD CANYON IMPROVEMENT FUND _____._ .__._____.. _n_____..__~___.________.....___m____ _____.___n ._______.___.__ AD. 86-1 DEBT SERVICE FUND ..------- -.---------.- - --------...-.-.--- A.D. 89-1 DEBT SERVICE FUND ---.-..------- --_._---~.~_.._...----_._. A.D. 90-1A DEBT SERVICE FUND _____.."..__.,.__.___~_ _____.n__..____.. A.D. 93-1 DEBT SERVICE FUND --------.---------. ,.------ --------...,--------- C.F.D. 2006-8 RUNNING DEER ESTATES DEBT SERVICE FUND - ---.---.--.---------.------------.-. --.------ -----.---...--------. - PUBLIC IMPROVEMENT TRUST FUND -~-- ---.------.----------......-..-------------.-...--------.. MOBILE SOURCE AIR POLLUTION FUND -- -------.-------- .----,------...---- ---- TRUST DEPOSITS & PRE-PAID EXPENSE .__..__.._,-,__________._._.__~_~_____ ___._n____._..._...._________ ._. KANGAROO RAT TRUST FUND ----,-----.------- COST RECOVERY SYSTEM $ 5,411,642.63 GRAND TOTAL 7/16/2008 Warrant 071508 1 of 1 Agenda Item No. 7 Page 2 of 6 JULY 15. 2008 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# VENDOR NAME AMOUNT 91?~5 \i'QIR______ . ______________ ___-- -----.Q.Q()- =_==-~4Z75_EMKAY, INL._____ _____________nm . _________ . ____!l_9_~.~ _._____9472~ DAt>.JQ~_r.JIONPRQPU~TIQ~_----------.- .____.____. 100.00 ____~1!27 C~plQ...__ _ __..____________ _n ________________ ________.175-99 9472~_c;OMPUT~R AL~RT SY~IEM~,JNC.________n______---- .J...1!t4.()Q. --94729 HISTORICAL DOWNTOWN MERCHANTS t-ssgC.____ ___ .________________~32.00_ ==-~=_~4:"73()Q.K~. ECSlr~il)BE_" ALLI~_Y ~CHAM_BER OE COMM~RGE . ______ .______ J 7JiQO.0() _____94]31H.QJ:J"..E::!.INC.- ____ _ _ _ _______ _ ___ ______ ____19-'()()Q,OO _g4732 ~9_SIN_SURANg~~..EIf\J~f\!9J\~ svc, 1f\!G.-_____ ____ _ ____ . ___._ _._ ___621-4'L _____ 94733 VOIR.___ _____ ___n_____ ._______ ________ ___ O.OQ _____g~~16 A_~J\_-!Af\JITQR~L SEB\,ILC~____ ____ .___ ._ ~-,g~1()4 96517 ALB_E1H .QR_QVER.~ A~~Qc;l.J\TES _______ ____________ . ________ _ ___1)32!:j.Q.(L 96518 ALL PI-!J\?ER~EB.IGE:J~AIIQ.ti..~AIR COt>.JI?ITIONING __________ _______ ... _j}1€5__6j 96519 ALLI~NT_LN~LJRANCES~BVIC~$...lNC. _n ____ _______ ____mum_un_un . ____.1..Q~4.0g_ _____96_!:i..20 AME_RICAN_fQBENSIG NLJRSES ________ .______________ . _______~80.50 96521 AMERICAN PLANNING ASSOCIATION 35.00 --------- .._-_.~-_._.._----- . - -,----------------------- -- ---------------- - --------------------..--...------ 96522 ERICA ANDERSEN 246.00 _____.'________n __ __ _____________.__ .______.__.__________________.._.._ -"----.-.0'--------- __'__'_ -- ________m__o.__ ----.----------------.--.-. ~. ..-.----.--------.--..--.-..-..- ~6_5~~.ARgHIVE M~.f\J~G_EM~t>.JTSERVICE.lf\J..c;._____ .__ __ _______n .___L5~OO 96524 ARTISAN GOLDSMITHS & AWARDS 93.74 ___._____~~___~_~__.____ _ _~______'"_____.________ ._ _ _________,,______~ ____________ n_ ".......----- ______96525E3.~filS_9Et.tv1ERICA((){)1Jll_ CITY M~NAGER'~QEE.lgE _ .___ . _n_________._ 217.20 ___m.9()52()E3e..I'JISQf_t.MERIQA(()2.~]LIttQ_MAS BUCKLE:.YL~IIY GQ_UNCIl.. __ _ _ _ 169.08 ._ ___~~!527 BANK OF AME:Bl.CA @J71JERRY Hi::NI?ERSljQI,EIRE:_9J:-1IE.E____________.___120.13 ___ 96528 BANK Of AMERI9A(~399) S.I,NETHERHOLT...flI3.ESIATION !8~_____ ____ ._.116.9_9. _J!6~?!:}E3J\NK OF AMERI9_J\(4245LP.t.RIiS & RECRE:t-TIONPE:f:JARTMENT ___ ___ _E?]_!:>. _____96!:j3.Q_E3f.NK 9E_t-MERICA (53.~~ J. JUAREZ, FIRE ~IATIONi!1Q____ .___________ _ 50.00 ______~€5531 B~NK OF AM_ERICA (54.QO) J. WINGER, FIRE STATION #94...__m .m ... ____~1}!5 .~()-?~?E3J\NI<_OF j\ME:_RJ9A_({)673.LLAI(E ~ AQU~TI9RE:..s9LJBCES Dgp~RTMENT. _.______ _2-,f.1?58_ 96533 BILL BELVIN 105.01 _~__. __ __.__,,_~__________,,_____...___~____.___._. _______..___.__.._.__~~_______ _..._______________. ...n______._.__ _ .__~..._ "__n." ______n___.~__.___.__._.._.._._.___ .._965~.4-~.2!535. BbQQtv1 F1Eb.Q.<3RQ.lJ.F'!J!'J9 .________ _____ 14,~94.~ 96536_E3JII11t\, IN~:______n_.____________ nm____n_. __________ . . . __3,4~Q.90.. _~{)537 BQY? & GIR!-~9blJL_n ._______.___________. _____ .1Q,000.00 .. 965~f3_9ALIEQ~_f\JIJ\_4EI~_______.________.. . _____._ _______ .___m____m__ ...___1...819.Q9_ 96539 CALOL YMPIC GLOVE & SAFETY CO. 146.70 --~~-~-_.._.._-_..- -------. ~--------_.,.._" .-.._._-------_..~._--~..._--_._._-_._--------- ----~------ -- - --------. ____9()!)40_~ANON FIN.AI'JCIAL SE~YICES, INC._ ______ . .. ______ ___________. ... .?,()19.69 96541 MICHAEL CLARK 500.00 ..._n._n..______________.._..__.__.___ __., ....___________n._.________.. _______.______________.._..,..~__________~ _.____________n_____......__~~ - - -- ------.--~--..- ---- 96542 CM WASH EQUIPMENT 140.08 ~.___~~_ ..... ... _n__"___ ______..____.,_,_.________.".~__.___.,.___...________~_..__._n _.________ . . _________,___....__.._.._____._._._.m~_______~__._.___~.._,.---.-- __ 9654:3_COALlTION T91tv1PROVE E_QUCATION_______ n___________._ ____._.1...500.QQ__ !)()_!:i..4.1 COASIJ099AST WIR_E:_bESS, INC. __ n___m___~Q!5.~5 ______9651!5_CODE PUBLI~ttJNG COMF'Af"-J'L____ . ______ . _________..1&~?5.Q. .___~!:i.46~OD_E:R.~YSTEfI.1~J.._"L..<;_____n_m.______._____~_____________. ... _n 3,214.00. 96547 COSTCO WHOLESALE 100.00 ----- . -------------------- ....._._~_.__._---_.._-- -~~----_._---_._-_.., -----~._-------_.- . . ---~----~-----~---_.- ____~_{)!:j~? KIRT COURYn________ n ________________ 5,!:j!:j~.78 _____~()54~glJTTING EDGE~.IAFFING..Jf\Jg~_____ __._____________ u__________ __ __.1 ,8~!5,80 ___.J)~!:j~()DAYJP_E:VANS &_~~?QCIATES, INC.________ _._____ _________ _ _ n___ .___840.09 ___.J)2.!5!:j1[)E3~DANIEL BOYL.E:J:.f\JGINEE8I!'J9______ . _ ________________________ .. _.~409...:00 ____~()!:i.52 DEPARTMEf"-J1.QE..QONSE:RYATION __un ____ _ _____________. 1,!:jQ1J5.Q._ ___9.6553DIAr.JIO!'JQJ>IADIl.!MGROUP. LtC_ _ __n____ ______.__n_ _____ ..J~,446.90_ 96554 DIRECTV 76.89 --_._---~-_._.._......_..-_. ---_.._--~------_._~".--..--,--_._--~-~--_.. - -_.------~-- ---~--~_..--_.__.__._-.~------_. . .-..,,---.---.--.-------------- _..,- _.._._-~._--------_.__..- --------- . .n____~()!:i.5!:j9ARQb_E:_!S. DO_N.!-tt.QE: A1. C.P. _____ _ ___ ___ .. _______.__________1L930.05 _ ___._965!:i.()J:>OVERSPllSE:_& ASSOQIAJES, INC._____ . m __Pm ___________nn_________ __:3,l[1j5.0_0_ n_____j}65~LPQvyN~99MMERc:~~FUELlNG, ItiC_~_____nn__ __________ m _____n_.. __m____~~ltQ} 4 ._____96.!5.5J~_QBf:$GQ_RE:PRODU9IJQf'JJ INC. _mu_. ._______n ...4.!5.9..&1... _g6559-96!:i..63 E. V. M. W. D. __________ _n ________________n '7',g5~-"-!5!5.. 7/16/2008 Warrant 071508 1 OF 4 Agenda Item No. 7 Page 3 of 6 JULY 15. 2008 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# VENDOR NAME AMOUNT _u_____9656~J:~~.~ABCQ~K &SONS, If'!~.---~-------- -~~.gQ ___~~6~~IL~EN~CLEAJ'tERS----- ._..______ ... ___~_~___________ . ______~~_5.flQ. ~__ 965f:)~~b~I.t{ORE~LE9TR1CAb..SUyPb..'L!!ig.________ _______ _ ____u____. _ ... 268._:35 _~6567 -9f:)~68 ELSINORE PIOt:JJ~ER'-:1J~~l3:g~_ _____ __ ____________ .____ 506.26 __u__ 965~~1~JNOR~VALbEy ARTS NET\I\I()RIL u _____ ______ --- - -----.1Q!Q9Q.QQ _ ___~f:)~.Q...~t-JVI~ONMENT AL1<LEAN-UfJ_____ ~_.____ ___________~______________ 3,8I5.()O ___ 9f3.571 gHRIS EI~J9_KSON______ _________________ _ ___..__.....____..Jl0-?'~ _ _~~6572 EXCEL L6._t:JPSCAPE,jt..Jy__ _ _______ ____ 980.()0_ ____~f:)?7:3IE[)~RAL E)$I::lRE~.? 90RPORATION _ n u___ ___ ..._______._______ ..._______ ~~.~Z 9657_4j=EN(~ES4k~~~!'J_c::.____ _n__________ _. ___ _ ___ ____ ._______1~,~~~.~1_ ____j}f:)575EIJ~_1\B.?~Y~W!\T,_...1_b_fJ._______ _____ _______ ________ 300.00 96576 VERONICA FITZGERALD 80.00 ---... '------------- ----------.-.------- --------------- - ---.-......- --------...-,---- --.--.------........--..-...-----.--- _____~6577 FI..~l<IB1_~~ENEFIJ~_ GB9l.Jp,If\l~ _. .. ___________ ______ 11_~.()()_ _ __~f:)f5!.l3_EQ~~y_1\ST HQMES LNC...., K._HOVN1\f',J~ti___ ______ 260.00 96579 MAUREEN FOSTER DAVIS 207.09 ___ .....________._.._._...,.__.~_____.~____ __.-0.._------------------ '_"_"_'___~ _ .------.--- -,.------------..--.---------- 96580 FRANKLIN COVEY 45.94 - - - ----------.- ..---------.---- -....----------.--- - ----------- -.--------.---------.-.-- --------.------.-"....-.-------- 96581 KIMBERLY FREITAG 28.75 ----.......-..-...------------------ --..----------.,...-----.-----------.-- -~------.- -----.---- ---- . --------------.---.- ..--------.-.------ ~u_J)_6582 _G.EOSF'ATIALJ~_?<l'ERTS_ .. _______ _____n .. _1A71.Q'L 965.l3:3 RO_~~RT ~J~OBIN G~EENE__ ________ __ n __________n____1 ,9~6.50 96584 ARLENE GULBRANSEN 554.70 - .-".....------------- - - -~-,,-_.__._------.- --- -.----.--------.-----,,--...----------------.------- -------------.- - .......-.-------------- ___j)6585_L.O_RENAJ::i1\!i~OCK__.._ .________ ___________ _ _____112?O.!)() ____j}()586I-1A8DY & HARfJ.~R!JNC. n .________..________u _ ~24,290.00 _~f:)587 I-iARRI$AASSOc::!~IES, INg._________n_ ~_17.9.{)0.OO ___gE)!5~~_H_1\~TZO~& CRABILI..,JNc::.___ _______ . ___._______ __ .. ___~_____n ~!.791. 76 96!5_~!)J_iI:)R. ENGIf'!~ERIf\JG,JN~. _____________ __________ t~!080.94 _.n___1l659Q_HI-W_AY SAFETY, INC::. un ______n______ ____n_________ 2,289.91 _____~591 RANDY HINER_ n_____________~__. n ________ ~___ .___________1,009.....09._ __.___ 9659~JiQ(3L.,~-IRELANDJN_C. ___________________. ____________ .. .24!?~'_2_f?_ ___~{)!5~_:3.J.C.M.A. RETIREMENT TRLJ~l_____ ....____________A.]{):3.0Q_ 96594 IMPACT PROMOTIONAL PRODUCTS 704.97 _ _......_____..______________________ .._______________________. _ ___ ._________.__________......._____________ ____._.______..___.___ .. .._.__m___ 96595 INLAND EMPIRE LOCK & KEY 15.0.0 --- -------- ----.----.--------------------------....-.-.-.-------. -----...-.--------.- --- - - . .--.---------- 96596 INLAND URGENT CARE WILDOMAR 95.00 .._..__________.___._.._________._._.____._______.____. _ _ _ _._____._____._......______m__ _ __ __ 96597 INNOVATIVE DOCUMENT SOLUTIONS 638.98 --.-.- ----- ---.- - ---- - ------------..-.------------ .. -----.---- -.,.-.-----.------- 96598 DE JANDA 291.00 ----.--'- ----.--.- .-----.----- --- -- ---- ---..-- ~..._-----------.- ,. ----.._- 96599 JJJ ENTERPRISES 415.00 .. -----. ..---_.-._---------._---_.__._---~._---_.. ,,- ------- -------.....---- ..--------------------- ------- - -- ___gE)f:)OO JQI-i.t'J DEER~JAf',JQ..s_gAP.s.~_____________ _____M ____nun _.. ______ 55,89.13..57' _ _ .___~66.9J._JOHNSONE.OWER_ SYSTB/l~_ ..________u_ ~,J44_~ _~~{){)J>~ KANE GEO lJ~c:;H.JNC. __ ... ..._____ _.______ ._____... __1~952.81_ 96603 KIRSTEN KING 157.50 -------.-.--. ,,--.,,----.- .----.----------- 96604 KLEIN ELECTRONICS 318.14 --------- ---~_.. -. - ----- --- ----.---- ---------------- - -- --------------.- ---.-- - ____~660U!!~__LJJ,J-'-QE N.A_____ . ___ ________ _ ______________ _ _ ____ ___ 3....41 ~.OO ________9Q!5Q{) LAKE BUICK PQ!"JTIAC GM~Nc::~________u_ n_~____________1,?{)5.1~u_ 96607 LAKEI::LSINOREl.J!ilf!~Q~~HOOL DI::;IR!C_L_________. ._______n____________.1 2,o.o.Q.o.Q 96608 LAIS.E: ELSINORE VALb.E=Y c:;!::It-MBER O'=9.9_MMER9E..________n__________. ..._... .______8.334.00 96609 LAl$gE:L.~lNORE 80 SFR, L~c:____________ _M ____________ ____JO,Q()O.!tQ __96{)J.Q LA1<E~t1.9RI::_HOME~_~DEy!=L()p_MENT.J!'J~. ... _____ . ________ _____ 150.00 96611 PRECIOUS LEE 101.25 -_._-~._--_.._...._._-"------.- ---.-- - --------~..-..--_...----------------_....._------_.._--._._----------- -- -----. .-..-....--.--.---------------- 9_f:)f:)1~.b~HMAN BROTHERS, INC._________ ____________ __ _ ._n ..4,51 OJI.!_ _9.f:)!51~ LEI~OLD. MCCLENQQ!'J_~MANN _u_________M_~______________. ______________4?,]J}.96 ______~{)()l4.b1M..~N~~<::IE:M.E=NT.9 ENGIN~t::R!f',JG CORP~ .__________~__ . .... _ ________.11,324.1~__ 96615 L1Ut:JALO.<::AL 77...1...___ _ n_____ _________________________________---.1..583.00 96616E~~pRIc:t1J3__.JOPEZ . __~_____________ ..______________2,4}~.00 96617-~f:){)18_L.OWE'S HOM~_<::I;NI~_RS, INC. ________ ___.________________ _ ___.._______1..~11.10 7/16/2008 Warrant 071508 20F4 Agenda Item No. 7 Page 4 of 6 JULY 15. 2008 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# VENDOR NAME AMOUNT ____~66~c;_HABL_ES MAc:KE'(JR~__ _____________ _ ______ _______---2.100.09- _ _9662()JHEM~RK FISHERCOM~ANY __________ _______ _---- ~69.()0 __~~62J_?J_i~~Yb_MCGILL __---------- _ ______________ _________ __1!>_O.QIL _966~,-INDAM. MILLER___ __ _______n_______ ___5,~25.00 _J!f3623 MQ8R9w _PLUMBIf\l<3...Jf'JC. _ ____________ ___--~5.:g __~662'LRICKMUNYON ________ _ ___ ______________ 412.50 _ . 96615 _NBI,A._ ________ ____~_____ ____ ....u__ __________-~?5J2Q.. _____~f3{)~NBS GQVERN~ENTEIt>J_,6.Nq~GROUP_____ _-------------- J4,47.1.95 ____ 96f3?LNEJ5.0N J~,A. VING, INc;.___ ___ _.__ _.______ _____14~~?~40 ___~6f328 N~WP()Fn BOATS___._______ __________._ ~,~7Z.05 ___~662jLQc:_B__REJ=>.ROGR.,A.PH1~L ____________ ________ 401.16 ~663()__QRANGE_C_REI:)1.LSERylc:E _ _.__________________ _______. ____.29.00 96631 JERRY OROZCO 35.53 ---- --- ------ ------- .--------.---------.'."---------- ------ ---.------ 96632 PACIFIC PRODUCTS & SERVICES 686.41 ________.' _._____~._.___.__________., ~_____..,..__..____ _______....._ __ __n _________ -------------- 96633 JULIAN CRUZ PEREZ 150.00 --------.---------------..--------------------..- ._----~~".-._------- -------.--------- ------------ ---..------------- 966-3496635 PETTY CASH 506.25 ____.__________,_.','____________ n,._"_____..__________ ..__~___ .._________ ---.----- _m_..___.__._ 96636 PORT SUPPLY 72.52 --------- ....~-..---------_. ..-----------.-"----..-- - - ----...-------...--..---.--.-- ~ --------.---..-- _._----~- -...--..-----.-- -- - ---.---- 96{):37 _J=>.RE-PAID LE53AL S~R-,!IC~S, IN<;______ __..______p 129.50 96638 PREMIUM PALOMAR MT. SPRING WATER 468.60 ______.____.__~___.___...._._______.~__. m.___ _________...._.________. ------...---- . ---- - 96639 PRESS ENTERPRISE 165.36 ------.. ...------.--- ---------~_._.._--------- ------.--..-------- - --------- 96640 PRESS ENTERPRISE 247.50 . ..._______....__m_. ___..________.._..__.__...__________ - ------- .-------------.-- ---.----. ..----- '- __.J}{)~ 1 pgoD!J9119N VID~_QJt-JC. .______~ _ ._____. ..________n .___ __ _______.. 75Q.Q()_.. 96642 PROTECTION RESCUE SECURITY SERVICES 250.00 -...---------.-.........-.-----------....-- .~...-----_.- ---------~---_.._-- - -- -- --~~---. -.-.------- ~--- 96643 PRUDENTIAL OVERALL SUPPLY 180.31 -----------.---... ----.----------- ----.......-.------ -- -----------_._....._.~--_.__.._-~---- --_._~--------- .~- __J!E:)644 PYRO-SPECTACULARS_ _ ____d__~~_____ __~______n___ ____.1 6,509..QQ _m_~6i~QvvEST CQMMUNICATIONS __.___________________. . ___n__~..J...244.18 ___!;){)f34{)J3.~.Ql()!'JAL CON~EBVAIlQN~_UTI_!QB.ITY . _______________ ..____n___~Q1J.915 ______ 9664LRJg!1TWAY SITE SERVlg~~,INC. ._______ ____ 3~H1..?Z 96648 RIO HONDO COMMUNITY COLLEGE DISTRICT 40.00 -.-----.---....---.--.---------.... .- -.----.------.---- .---------.---- -------- ___~E364~_RIVER~_IDE COUNTY HABITAT____.__m ________.______ .____ . ____ 35.6]JI.00 . _~6~50RIVERSI~E COUNT.YSH~f3.IEE______~w______ ____~________ ._______..&.14:4.16 ___.._ 96651BI.YERSIDE COUNTY SHERlfE___ _______w__________~. ___743,557.83 ____9.~652 _COlJt'JTY OF RIVERSIDE, _TRt-_NSPOgJ" A TION A~RJ~t.ND _~ANAGE~~NL__ 1,OOO.9j> ______J!{)653...Y_()lJNTY OF RIVERSIDE,QFFICE OF.THE AUDITOR-CONTROLLER ._____ . _______..1J?9_.0Q __ 9613_154 C9UNT'LQE. RIVER~l[)~,-pEP~f3.J"MENT OF ENVIROM~NT AL H~AL TH__________________lJ 1:QQ_ _~{){)!5!5-1l6656 _f3.Q~~INS PEST MANAGEMENT, INC._____________________ ________m_n___ 97.o.0Q _. 96657 DARWIN ROGERS 558.18 ---..-- ---.-~-------------~--~-_.. .---------.--.- .-----_..__.._._._----~-----.- ----------..---.---- - -------.----- 96658 ROTARY CLUB OF LAKE ELSINORE 170.00 - --.-.-.--.-.....----.------..-- -.---.----.-- ----..----...--.- ---_._--_.~._._.._----- _ __..J!.6659 STEW ART RUTLEDGEn ... _ ____.____. _______1,105.0Q_ 96660 TISH RYLOU 30.00 -------------.---....-.....-.-----.--..------..- . -- ---.-------.-.- -------..---..----- .-------~..._...._----_..- -------.---.-- - -------.- 96661 SC SIGNS 735.00 _____._._...._.___.______.________ _.._.. _________m___ ______.._,,____.____.___ ._____.____ -------------.....-..---.-..------~_.--...-.-.--.-- _____J!{)66?...~gQTT FAZEKA.~.& ASSOc;lATES, IN9.:______. . _____.___ _____n_ n !;).XL8JL 96663 SHRED-IT 80.00 -~,-_._-------_.__....._-- -_....-..~._-----_._-----_..- .--.-------.-.------- ----_..... _.~---_..._----_._.._---- -.----------- -- --- - - --------- ~_____~664_SJGNS PLUS____________n .. __________~_ ______ _ ______. <1-~I9~.50 96665 KATHLEEN R. SMITH 390.00 --------".--....-----.---- .......~._-~--------- ----.---...--.--.-----.-- ------...-..----.,.- -------.-- ____9.()6E:)ftSO. CJ\LJ~:L_____ n..______ _______ n__~_ ._n_______ . .___n__ ______ .___J...Q9Q_.OO ___~()6Jl.7 SO. CALJf. ASSOC: gF GQY~FNMENTS_ _ .___________.____ _______ ______ 4:,?_Q1-00 9.6668-96669.P~VID S._~9.~9MON._ n_____ .________ ______ _____ 4,9?Q.00 96670 LEO SOLORZANO 150.00 _.-.._-- ~._------------_..~-----_..._.------_._-----_. " ------------. ..-------.- --------.-..-..-.-----.-...-.....------ --.------ _ 9667."1-96675 n?QlJJHERN C,6.L1FORNI,A.J~.~ISON .c;::9_______ _______nnm_______n________ 62,056.72..._ 96676 SOUTHERN CALIFORNIA GAS CO. 151.66 ___om_nO .__.__~~____.._____.___________.____.._._ -----.--.---~.-..-------- -- - - - - -- --- ..n__~6677 _?QUTHWESTJjE_ALTH.9Af3.E SYSTEMn____ ...._______n..____._____ _____..._______JO,OOO.QQ 96678 SPRINT 160.00 7/16/2008 Warrant 071508 30F4 Agenda Item No. 7 Page 5 of 6 JULY 15. 2008 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# VENDOR NAME ___ .__96679 ST ~r\LQ~R[)_INS1!RAf\JCE CoMf:l}.N'(____ ___ ___ ___ 966t!0_ST,t\NDARD IN~URAtJCE COMPj\NY________ ____~~{)81_SIAPL~~~~SINESS ADVAtJTAGE___________.. _n ___~668~ STJ\Ig~OMPENSATION INSUI3ANgE FLJ_ND________ ___~E?683JABAR~~!=_~TERTAINMENT J!ic:::______ __ ---- ___~~684 TEAM ,t\UTO_J\lp, INc:::..._______________ _ ___ __ 966?!5. TEME:_CUlJ\ MOTQRCYCLE SAJ.-!=~_~ SERVICE __ __ 96686 TiP QE_~~ RIVE.R.SID~_G9J.!NTY ..JN~_n ___ 96687 TWIN GRAPHICS .._-----",..---_....---------_.._----_._-"._._~.__._._-----., .-.---...------.------------.-..-------..- .- 96688 UNION BANK OF CALIFORNIA -------..---- --------- _._._._--_._--"""-~._..~-- 96689 UNITED PARCEL SERVICE ----..----- ---_._-------- - -_._._-_._._...__._,._~- .-- 96690 VALLEY ELECTRIC ___.___..._______......______. .___ ___________._ ...______'______ 0-..---_.------ _____...._.__._________ 96691-96693 VERIZON CALIFORNIA --~-~-----_._. -- ---------_._"_.~._----_...-----_._- - .._--~---_._---_.- 96694 VERIZON EQUIPMENT SALES & SERVICE ________.__.~.~__._..____........_______._____~__n......__________.__________._..__________ 96695 VERIZON WIRELESS ----------....----.---------- - -----.---..-----.---- - -_.~.._--_.._..--._-------~ 96696 VI Ly..G E ~QUIPMJ~NT R~NI~!-.~~_If\lg_"_________ 96697 VISION SERVICE PLAN ______.M__~__.. ._________.___. _~.._~___________,..______________._ .._n___.__"_____n_________._____ 96698 VISTA PAINT CORPORATION _.__.___.____,____~__.___.._________________ ______________._.______.__..__._ _ _______m_._.___.__.__________ 96699 WEST COAST SERVICES ------~.-------------._--_.----_._~-_._~--_..._--- .. -------.....----- 96700 WESTERN BANK OF CHINOOK ----_..---_.._._~------- ..._--_.~.- 96701 WESTERN RENTALS ---_.._.---_._-~--_._- ---_.._-~----..-------- - ------.. -- - ------- . 96702 WILCYNS' FITNESS ___.___~.._...n._._____ _ _____.____________...__._____________.. -------- 96703 WENDY WORTHEY ----- -----..---------..-..--- 96704 YONGXIA Y YANG ----.--.-----,.------ ---.----..--....-------------.....---....----.------- ____~96705 ~~E: MEDICAL, IN_~__u__________ 96796-96707 ZOLL MEDICAL CORPORATION AMOUNT 289.53 .--.--..- ...----.--. ------ _._--~_._-_._---...-- ,,---...- 13-,Q1?j}_5_ 483.81 - _____.n.___.._____._..___ __________ _______ __~,337.49 _______ _ ______ J ,OQ9..0(2 185.54 _.__._----_..---~"_.__._'------ ____d___ _ ________----"L1E?~.~_ _ ______8,500.....00 684.21 ------..---.--.....---- _____ _____ ..~_Q.O,OOO.'<>O 26.36 --.----.. .------- -----~- ---------..----------.---..------ ___________ _ n__ ._~!403.~~ .____d _ 2,368.33 542.11 ...-.--.--------------- 6.72 __________..._______n______..___m.______________._____ _ ___________ 244.50 - ----".------- ---------.-..-.-.- ....-------.--- __ _.1.!L~.~~ 961.78 - ____n..___" ..__n________ 450.00 ______~...._.__n_____ __ _ _______.._____n_..._ ____.____.__ _______ _____ ______________~,{)Ol_1~ ___________ . .______J-'-!.!~l.I? 28.80 _..__._-~,._.__._-_.__._--_._- -- --------".. -------- ____ _5!?00.(~Q 64.00 -----..---.--- _._.__._--------_...._~---~-- ...----.- 50.12 ---~ -- .---------..----.-.-.- 2,~90.~I $ 2,965,748.26 PIE DATE 07ro4ro8 PAYROLL CASH - -.------------.--- 07/07/08 PAYROLL TAXES -------_._..----_._-----~--_..-_. ----. ---.--------~--_.__.------~_.....__.-_._-_.._--- 07/07/08 CALIFORNIA P.E.R.S. -.".....---------------,------..---- 07/11/08 CALIFORNIA P.E.R.S. _.__ ____._________ __________,.__.______________n_ 07/03/08 CALIFORNIA P.E.R.S. .-.. "-,,--._._-------~- 07/01/08 UNION BANK WIRE -------------_._-~.._._- 07/03/08 CALIFORNIA P.E.R.S. ______..._.__....________n__._.._.._...__. __ 07/09/08 FLEX BENEFITS "____m.____________._.______ ..._.____________.______~__________ 07/15/08 BANK OF NEW YORK WIRE - - -------~---~ - ------- 07/16/08 BANK OF NEW YORK WIRE _____~u______________._____ ________ ___________157,91j..82 _____ ______u__ 60,974.57 u________ 102,3~Q.05 50,748.53 --- --- --.-.--------- ,,-.--.--- .______m _ _ _ ._______4,355.~~._ u________ _____.._________ 14,.f>0~._~ .______ _____. _ __________________ ._ . _______n_54,215"-8~ 726.47 ---------... __ __u_____. __~Q,OOO.OO _________ 1,OOQ,QQQ.QQ GRAND TOTAL $ 5,411,642.63 CHECK STOCK #338503 THRU 338677 7/16/2008 Warrant 071508 40F4 Agenda Item No. 7 Page 6 of 6 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: JULY 22,2008 SUBJECT: INVESTMENT REPORT - JUNE 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 ctA/ Finance Manager V Reviewed By: Matt N. Presse Director of Admini trative Services Approved By: Robert A. Brady~~ City Manager W Agenda Item No.8 Page 1 of 12 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF JUNE 30, 2008 ACTIVE ACCOUNTS BANK BALANCE Bank of America - General Reconciling Items Bank of America - Payroll Bank of America - Flex Benefit Total Active Accounts $3,595,935.98 17,190.18 2,089.78 3,615,215.94 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 39,661,129.98 2,080,204.75 3,000,000.00 4,000,000.00 48,741,334.73 Unrealized Gain! (Loss) at 6-30-07 per GASB 31(LAIF) Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (Other) (12,160.00) (37,337.00) Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (Total) (49,497.00) 48,691,837.73 52,307,053.67 Total Investments Cashier Drawers #1 & #2 City of Lake Elsinore Petty Cash Fund TOTAL POOLED CASH AND INVESTMENTS DEPOSITS IN TRANSIT 0.00 OUTSTANG. CHECKS (2,148,109.28) (4,907.36) (1,089.78) (2,154,106.42) (2,154,106.42) 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 24, 2008. 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. July 22, 2008 Date Prepared by: J. Riley, Finance Manager BOOK BALANCE 1,447,826.70 0.00 12,282.82 1,000.00 1,461,109.52 39,661,129.98 2,080,204.75 3,000,000.00 4,000,000.00 48,741,334.73 (12,160.00) (37,337.00) (49,497.00) 48,691,837.73 50,152,947.25 300.00 1,000.00 $50,154,247.25 Agenda Item NO.8 Page 2 of 12 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF JUNE 30. 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 Li9hting & 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.'.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 6,956,532.97 268,957.07 14,070.53 (14,863.80) 77,949.75 1,396,013.39 993,700.33 3,309,411.62 1,608,608.39 1,674,552.30 563,353.58 882,788.18 598,804.16 334,815.95 380,637.63 32,179.19 (639,998.06) 147,966.10 17,547.84 (81,215.08) 12,578.41 117,527.58 4,818,025.41 6,405,920.45 1,124,355.63 1,261,181.37 672,011.35 146,611.55 (94,047.50) 102,224.34 82,492.64 (1,570.00) 808.31 48,706.85 373,736.69 362,864.81 598,543.10 145,385.35 817,752.32 (318,703.83) 1,844,976.08 285,858.38 3,486,067.38 (976,987.31 ) (48,356.02) (17,671.77) (13,937.20) 475,556.78 1,646,989.34 28,242.41 148,829.10 732,364.79 209,313.44 55,467.94 44,645.34 1,097.98 45,680.59 70,979.97 370.83 472.48 57,074.97 75,053.05 62,804.10 (443,763.43) (566,218.52) (21,953.75) 2,090,541.24 (604.80) 18,538.34 447.958.79 238,603.68 1,389,741.07 35,678.00 1,593,290.00 16.07 1,020,829.35 939,935.66 (6,212.57) 4.758.60 50.154,247.25 Agenda Item No. 8 Page 3 of 12 CITY OF LAKE ELSINORE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING JUNE 30, 2008 Total outstanding investments as of May 31,2008 $ 43,686,898.97 PURCHASE MATURITY/ COUPON YIELD TO DATE CALL DATE RATE MATURITY COST Investment Purchases: FHLMC 3128X7ZU1 06/12/08 06/12/13 4.625% 4.625% 1,000,000.00 FHLB 3133XRGM6 06/19/08 06/19/13 4.550% 4.550% 2,000,000.00 FHLMC 3128X7YG3 06/26/08 06/26/13 4.750% 4.750% 2,000,000.00 Total Purchases 5,000,000.00 Investment Maturities: FHLB 3133XJFY9 12/27/2006 6/2712008 5.250% 5.250% (1,000,000.00) Total Maturities (1,000,000.00) Investments Called: FHLB 3133XLA60 06/11/07 06/11/08 5.500% 5.500% (1,000,000.00) Total Calls (1,000,000.00) Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account 2,054,435.76 Total outstanding investments as of June 30, 2008 $ 48,741 ,334.73 Agenda Item NO.8 Page 4 of 12 CITY OF LAKE ELSINORE QUARTERLY INVESTMENT ACTIVITY SUMMARY FOR THE QUARTER ENDING JUNE 30, 2008 Total outstanding investments as of March 31, 2008 $ 40,742,118.72 PURCHASE MATURITY/ COUPON YIELD TO Investment Purchases: DATE CALL DATE RATE MATURITY COST FHLMC 3128X7ZU1 06/12/08 06/12/13 4.625% 4.625% 1,000,000.00 FHLB 3133XRGM6 06/19/08 06/19/13 4.550% 4.550% 2,000,000.00 FHLMC 3128X7YG3 06/26/08 06/26/13 4.750% 4.750% 2,000,000.00 Total Purchases 5,000,000.00 Investment Maturities: FHLB 3133XDC58 10/11/05 04/11/08 4.560% 4.560% (1,000,000.00) FHLB 3133XJFY9 12/27/06 06/27/08 5.250% 5.250% (1,000,000.00) Total Maturities (2,000,000.00) Investments Called: FHLB 3133XLA60 06/11/07 06/11/08 5.500% 5.500% (1,000,000.00) Total Calls (1,000,000.00) Net increase (decrease) in LAIF 3,959,753.23 Net increase (decrease) in Sweep Account 2,039,462.78 Total outstanding investments as of June 30, 2008 $ 48,741,334.73 Agenda Item No.8 Page 5 of 12 >- Eo-< ~ 00 <'I "" "" "" - 0 ;; - - - ~ =:: Eo-< 0 0 0 0 -< < < <'I <'I <'I <'I <'I .. ;J Oi t:: i3 ~ iQ '" Eo-< Q z Z <'I 3 <'I ;:: -< Oi iQ iQ iQ g ~ 0 0 0 0 e '" '" '" '" ..c:: 00 00 0- 00 "'" ...:l ~ 0 0 0 0 c:;:;- o 0 0 0 ...:l Eo-< < < < <'I <'I <'I <'I ~ -< -< Z Z z t:: i3 ~ iQ ~ 3 <'I U Q i3 iQ Oi ~ - 0 0 ~ i ::l 0.. ~ 00 ] l:n .,., t-- 00 00 -< ~ 8 8 8 0 8 ... 0 '" ::z:: Eo-< < < <'I <'I <'I <'I !::! ::E U -< z z Oi t:: i3 ~ \0 >> <'I 3 <'I ~ =:: Q i3 iQ iQ iQ 0 0 0 0 ;J ::E 00 ~ ~ >> ... ~ ::l ::l ..... 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" "" "" "" i:Q :0 :0 :0 I::l e e e 0 .~ .~ .~ Oc Agenda Item NO.8 :::> c C c Page 10 of 12 CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF JUNE 30, 2008 DESCRIPTION U.S. Treasury Bills CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF JUNE 30, 2008 0.00% U.S. Treasury Notes 0.00% Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC 0.00% 0.00% 0.00% 12.36% 0.00% 2.06% Banker's Acceptances 0.00% Certificates of Deposit 0.00% Negotiable Certificates of Deposits 0.00% Commercial Paper 0.00% Medium Term Corporate Notes 0.00% Repurchase Agreements 0.00% Reverse Repurchase Agreements 0.00% LAIF (Local Agency Investment Fund) Current Balance 81.32% Bank of New York - Trust Sweep Account Current Balance 4.26% TOTAL 100.00% % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 87.69% 100.00% MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40.00% 25.00% 30.00% 15.00% 30.00% UNLIMITED 20.00% UNLIMITED $ 39,661,129.98 UNLIMITED $ 2,080,204.75 no less than 25% Agenda Item No.8 Page 11 of 12 ~ CITY OF LAKE' ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH JUNE 2008 (INCEPTION TO DATE) TOTAL % OF % OF PORTFOLIO BY AGENCY PORTFOLIO IN MONTH FFCB FHLB FHLMC FNMA FEDERAL AGENCIES July 2005 0.00% 0.00% 0.00% 0.00% 0.00% August 2005 0.00% 0.00% 3.33% 0.00% 3.33% September 2005 0.00% 6.23% 3.12% 0.00% 9.35% October 2005 0.00% 14.23% 2.85% 0.00% 17.08% November 2005 0.00% 18.82% 2.69% 0.00% 21.51 % December 2005 0.00% 22.92% 2.86% 0.00% 25.78% January 2006 0.00% 20.74% 2.59% 0.00% 23.33% February 2006 0.00% 21.01% 2.62% 0.00% 23.63% March 2006 0.00% 20.49% 2.55% 0.00% 23.04% April 2006 0.00% 20.59% 2.57% 0.00% 23.16% May 2006 0.00% 19.94% 2.49% 5.02% 27.45% June 2006 0.00% 24.91 % 1.91% 3.85% 30.67% July 2006 0.00% 25.26% 1.93% 3.90% 31.09% August 2006 0.00% 28.57% 2.19% 4.41% 35.17% September 2006 0.00% 26.17% 2.37% 4.77% 33.31% October 2006 0.00% 26.26% 2.38% 4.79% 33.43% November 2006 0.00% 24.69% 2.46% 0.00% 27.15% December 2006 0.00% 28.04% 2.54% 0.00% 30.58% January 2007 0.00% 27.59% 2.12% 0.00% 29.71% February 2007 0.00% 26.60% 2.21% 0.00% 28.81% March 2007 0.00% 32.82% 4.68% 0.00% 37.50% April 2007 0.00% 30.05% 4.73% 0.00% 34.78% May 2007 0.00% 31.17% 4.80% 0.00% 35.97% June 2007 0.00% 36.37% 4.28% 0.00% 40.65% July 2007 0.00% 36.07% 4.25% 0.00% 40.32% August 2007 0.00% 41.34% 2.43% 0.00% 43.77% September 2007 0.00% 39.24% 0.00% 0.00% 39.24% October 2007 0.00% 31 .02% 0.00% 0.00% 31.02% November 2007 0.00% 29.61% 0.00% 0.00% 29.61 % December 2007 0.00% 28.06% 0.00% 0.00% 28.06% January 2008 0.00% 16.79% 0.00% 0.00% 16.79% February 2008 0.00% 11 .72% 0.00% 0.00% 11.72% March 2008 0.00% 11.72% 0.00% 0.00% 11.72% April 2008 0.00% 9.66% 0.00% 0.00% 9.66% May 2008 0.00% 9.20% 0.00% 0.00% 9.20% June 2008 0.00% 12.36% 2.06% 0.00% 14.42% AVERAGE 0.00% 22.51% 2.08% 0.74% 25.33% Agenda Item NO.8 Page 12 of 12 CITY OF ~ LAKE ,6,LSiNORJ: ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22,2008 SUBJECT: RESOLUTION CONFIRMING FISCAL YEAR 2008-09 SPECIAL TAXES FOR CFD'S Background The City is required by the County of Riverside to provide a certified resolution to the Auditor/Controller's office each year to confirm special taxes for the tax roll. Discussion The City has seen a rise in the rate of special tax delinquencies and foreclosures due to delinquencies. In order to make sure money is available to pay the required debt service payment on the bonds, the CFDs are authorized to increase the special tax by up to 10% on each parcel. CFDs 90-2, 2003-2, 2004-3, 2005-1, 2005-2, 2005-6 and 2006-2 have all been increased by 10% in anticipation of delinquencies. CFD 88-3 has a surplus, therefore, it is only being increased by 3% for anticipated delinquencies. CFD 98-1 has a surplus, therefore it is only being increased by 5% for anticipated delinquencies. CFD 95-1 has never had delinquencies, and we do not see this trend changing; therefore, no increase is proposed. The remaining CFDs do not have bond Issues; therefore, increases for anticipated delinquencies are not required. Agenda Item NO.9 Page 1 of 9 Resolution Confirming FY 2008-09 Special Taxes July 22, 2008 Page 2 Fiscal Impact There is no fiscal impact directly associated with this item. The City charges administrative fees and an amount sufficient to cover direct costs as well as the bonded debt services. The schedule below shows the changes in the number of parcels and the total change in special tax from last year. CFD No. 88-3 95-1 98-1 2003-1 2003-2 2004-3 2005-1 2005-2 2005-5 2005-6 2006-1 2006-2 2006-5 2007 -4 2007 -5 2007 -6 Recommendation Summary of Special Tax Levv Total Parcels 1,871 7 422 3,889 1,633 1,031 233 486 113 144 10 168 27 6 48 1 Change from Previous Year 50 o o 467 379 24 o o 34 o N/A o 25 N/A N/A N/A Total Charges $3,432,794.84 $148,135.00 $1,060,156.70 $1,273,039.68 $2,404,565.92 $2,842,584.40 $626,324.52 $1,662,096.10 $327,369.20 $241,322.88 $30,420.62 $518,300.42 $9,568.60 $25,000.04 $15,000.30 $5,000.00 Change from Previous Year $81,580.40 $2,444.94 $69,380.00 $139,117.44 -$11,726.72 $300,252.78 $61,592.94 $169,206.48 $104,216.48 $24,393.60 N/A $46,113.22 $9,065.04 N/A N/A N/A Waive further reading and adopt a resolution requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. Prepared by: Approved by: Matt N. Presse~ Director of Adm?fStrative Services Robert A. Brady61~ City Manager lL.Q/ Agenda Item NO.9 Page 2 of 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES WITHIN THE CFD WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore instituted and conducted proceedings under the terms and provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act"), being Chapter 25 of the State of California Government Code for the acquisition and construction of certain public works of improvements, together with appurtenances and appurtenant work, and to finance a portion of the costs of providing services, as applicable, in special tax districts designated as: COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS) COMMUNITY FACILITIES DISTRICT NO. 95-1 (LAKE ELSINORE CITYCENTER PUBLIC IMPROVEMENTS) COMMUNITY FACILITIES DISTRICT NO. 98-1 (SUMMERHILL PUBLIC IMPROVEMENTS) COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON) COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY) COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH) COMMUNITY FACILITIES DISTRICT NO. 2005-5 (WASSON CANYON) COMMUNITY FACILITIES DISTRICT NO. 2005-6 (CITY CENTER TOWN HOMES) COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERL Y) COMMUNITY FACILITIES DISTRICT NO. 2006-2 (VISCAYA) 1 Agenda Item NO.9 Page 3 of 9 COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) COMMUNITY FACILITIES DISTRICT NO. 2007-5 (RED KITE) COMMUNITY FACILITIES DISTRICT NO. 2007-6 (HOLIDAY INN EXPRESS) (hereinafter referred to as the "CFD"); and WHEREAS, in Resolution No. 91-19 adopted on February 26, 1991, the "Resolution of Intention", Resolution No. 91-30 entitled "A Resolution of Special Election and Directing Recording of Notice of Special Tax Lien", adopted April 9, 1991; and Ordinance No. 913 entitled "An Ordinance of the City Council of the City of Lake Elsinore Levying Special Taxes Within the City of Lake Elsinore Community Facilities District No. 88-3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS)", adopted April 23, 1991; and WHEREAS, in Resolution No. 95-68 adopted on October 10, 1995, the "Resolution of Intention", Resolution No. 95-78 entitled "A Resolution of Special Election and Directing Recording of Notice of Special Tax Lien", adopted November 14,1995; and Ordinance NO.1 006 entitled "An Ordinance of the City Council of the City of Lake Elsinore Levying Special Taxes Within the City of Lake Elsinore Community Facilities District No. 95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS)", adopted November 28, 1995; and WHEREAS, in Resolution No. 98-7 adopted on June 9,1998, the "Resolution of Intention"; and Resolution No. 98-15 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, Establishing Community Facilities District No. 98-1, Authorizing the Levy of a Special Tax Within Community Facilities District No. 98-1, and establishing an Appropriations Limit", adopted June 23, 1998; and WHEREAS, in Resolution No. 2003-21 adopted on June 24, 2003, the "Resolution of Intention"; Resolution No. 2003-37 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2003-1 (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES), and Authorizing the Levy of a Special Tax Within said District", adopted August 12, 2003; and WHEREAS, in Resolution No. 2003-50 adopted on October 14, 2003, the "Resolution of Intention"; Resolution No. 2004-6 entitled "Resolution of Formation Determining the Validity of Prior Proceedings, and Establishing City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills)", adopted January 13, 2004, and Ordinance No. 1114 entitled "Ordinance of the City of Lake Elsinore Authorizing the levy of a public safety special tax and a special tax" adopted January 13, 2004, Authorizing the Levy of a Special Tax Within Community Facilities District No. 2003-2 (CANYON HILLS), and establishing an Appropriations Limit", adopted June 23, 1998; and 2 Agenda Item NO.9 Page 4 of 9 WHEREAS, in Resolution No. 2004-77 adopted the "Resolution of Intention" on December 28, 2004; Resolution No. 2004-38 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2004-3 (ROSETTA CANYON)" adopted March 22, 2005, and Ordinance NO.1148, Authorizing the Levy of a Special Tax adopted March 22,2005; and WHEREAS, in Resolution No. 2004-70 adopted the "Resolution of Intention", on December 14, 2004; Resolution No. 2005-10 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-1 (SERENITY)", adopted January 25, 2005, and Ordinance No. 1139, Authorizing the Levy of a Special Tax, adopted January 25, 2005; and WHEREAS, in Resolution No. 2005-62 adopted the "Resolution of Intention" on July 12, 2005; Resolution No. 2005-138 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-2 (ALBERHILL RANCH)" adopted September 13,2005, and Ordinance NO.1163, Authorizing the Levy of a Special Tax adopted September 13,2005; and WHEREAS, in Resolution No. 2005-54 adopted the "Resolution of Intention" on June 28, 2005; Resolution No. 2005-104 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-5 (WASSON CANYON)" adopted August 9, 2005, and Ordinance NO.1156, Authorizing the Levy of a Special Tax adopted August 23, 2005; and WHEREAS, in Resolution No. 2005-76 adopted the "Resolution of Intention" on July 26, 2005; Resolution No. 2005-141 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2005-6 (CITY CENTER TOWNHOMES)" adopted September 13, 2005, and Ordinance NO.1164, Authorizing the Levy of a Special Tax adopted August 23,2005; and WHEREAS, in Resolution No. 2006-08 adopted the "Resolution of Intention" on January 24,2006; Resolution No. 2006-30 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-1 (SUMMERL Y)" adopted February 28,2006, and Ordinance NO.1171, Authorizing the Levy of a Special Tax adopted August 23, 2005; and WHEREAS, in Resolution No. 2006-20 adopted the "Resolution of Intention" on February 9,2006; Resolution No. 2006-52 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-2 (VISCA Y A)" adopted April 25, 2006, and Ordinance No. 1177, Authorizing the Levy of a Special Tax adopted April 25, 2006; and 3 Agenda Item NO.9 Page 5 of 9 WHEREAS, in Resolution No. 2006-41 adopted the "Resolution of Intention", on March 28, 2006; Resolution No. 2006-56 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)", adopted May 9,2006, and Ordinance No. 1179, Authorizing the Levy of a Special Tax, adopted May 9, 2006; and WHEREAS, in Resolution No. 2007-156 adopted the "Resolution of Intention" on August 28,2007; Resolution No. 2007-177 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007-4 (MAKENNA COURT)" adopted October 9,2007, and Ordinance No. 1232, Authorizing the Levy of a Special Tax adopted October 9,2007; and WHEREAS, in Resolution No. 2007-198 adopted the "Resolution of Intention" on November 27,2007; Resolution No. 2008-11 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007-5 (RED KITE)" adopted January 8,2008, and Ordinance No. 1242, Authorizing the Levy of a Special Tax adopted January 8, 2008; and WHEREAS, in Resolution No. 2007-205 adopted the "Resolution of Intention" on December 11,2007; Resolution No. 2008-17 entitled "Resolution of Formation of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007- 6 (HOLIDAY INN EXPRESS)" adopted January 22, 2008, and Ordinance No. 1244, Authorizing the Levy of a Special Tax adopted January 22, 2008; and WHEREAS, all special taxes in this district were levied without regard to property valuation. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. That the portion of the principal, interest and other costs related to the CFD due or coming due through June 30, 2009 be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges). SECTION 2. That the properties to be so assessed and the related amounts are submitted on CD as requested by the Riverside County Tax Collector, further identified as the following County Fund Numbers: 4 Agenda Item No.9 Page 6 of 9 Fund No. 68-2352 68-2366 68-2367 68-2372 68-4400 68-8701 68-8705 68-8707 68-8708 68-8709 68-8710 68-8713 68-8714 68-8715 68-8716 68-8717 68-8719 68-8721 68-8722 68-8725 68-8726 68-8739 68-8741 68-8743 CFD No. 2003-1 98-1 88-3 95-1 2005-6 2005-1 2006-2 2006-5 2005-5 2003-2 IA-A 2003-2 IA-B 2003-2 Fire Tax 2004-3 IA-1 2004-3 IA-2 2005-2 IA-A 2005-2 IA-B 2005-2 Services Tax 2005-5 Services Tax 2006-1 2006-1 Services Tax 2006-2 Services Tax 2007 -4 2007 -5 2007 -6 SECTION 3. 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 22nd day of July, 2008. ATTEST: VIVIAN M. MUNSON CITY CLERK DARYL HICKMAN MAYOR 5 Agenda Item NO.9 Page 7 of 9 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 Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 22nd day of July, 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 6 Agenda Item NO.9 Page 8 of 9 Fund Number 68-2352 68-2366 68-2367 68-2372 68-4400 68-8701 68-8705 68-8707 68-8708 68-8709 68-8710 68-8713 68-8714 68-8715 68-8716 68-8717 68-8719 68-8721 68-8722 68-8725 68-8726 68-8739 68-8741 68-8743 CITY OF LAKE ELSINORE EXHIBIT "A" COMMUNITY FACILITIES DISTRICT SUMMARY OF FIXED CHARGES FOR TAX ROLL FISCAL YEAR 2008-09 CFD No. 2003-1 98-1 88-3 95-1 2005-6 2005-1 2006-2 2006-5 2005-5 2003-2 IA-A 2003-2 IA-B 2003-2 Fire Tax 2004-3 IA-1 2004-3 IA-2 2005-2 IA-A 2005-2 IA-B 2005-2 Services Tax 2005-5 Services Tax 2006-1 2006-1 Services Tax 2006-2 Services Tax 2007 -4 2007 -5 2007 -6 Total Parcels 3,889 422 1,871 7 144 233 168 27 113 594 655 509 509 522 428 58 276 113 10 10 168 6 48 1 7 Total Charges $1,273,039.68 $1,060,156.70 $3,432,794.84 $148,135.02 $241,322.88 $626,324.52 $475,158.02 $9,568.60 $298,350.80 $884,615.88 $1,264,064.10 $255,885.94 $1,423,034.24 $1,419,550.16 $1,566,219.00 $25,000.30 $70,876.80 $29,018.40 $27,852.62 $2,568.00 $43,142.40 $25,000.04 $15,000.30 $5,000.00 Agenda Item NO.9 Page 9 of 9 CITY OF ~ LA~ ,&,LSiN.ORf: ~.~ DREAM EXTREME", REPORT TO CITY COUNCIL FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER TO: DATE: JULY 22,2008 SUBJECT: PROFESSIONAL LANDSCAPE PLAN CHECK AND INSPECTION SERVICES - DAVID EVANS AND ASSOCIATES Backaround David Evans and Associates (DEA) has been providing landscape inspection and plan check services to the City of Lake Elsinore since January 2008. The firm brings many years of experience to this position and currently provides or has provided landscape plan check and inspection services for the Cities of San Gabriel, Chino, Diamond Bar and Highland, the Jurupa Community Services District, as well as for private developers such as KB Home. Over the past several months, DEA has demonstrated a commitment to provide experienced staff to handle Lake Elsinore services and their willingness to work with the development community. DEA has also embraced the deposit based fee system, which streamlines payment of landscape services and reduces costs to the City. DEA's proposal (attached) reflects no increase in existing rates. Discussion As a matter of procedure, the Planning Division for the City of Lake Elsinore conducts an informal evaluation of consultant services prior to the contract renewal. DEA staff has worked well with developers and City Staff and has provided a quick turnaround of plan check services and inspections. As DEA's existing contract expires at the end of the 2007-2008 fiscal year, the Planning Division is recommending the renewal of this contract. Fiscal Impact The proposed contract will generate minimal fiscal impact to the City in that this service will be 100% billable through the developer deposit Cost Recovery System (CRS). Agenda Item No. 10 Page 1 of 4 DEA Contract July 22, 2008 Page 2 Recommendation Authorize the City Manager to enter into a contract, in a form approved by the City Attorney, with David Evans and Associates, Inc. to provide landscape plan check and inspection services to the City of Lake Elsinore for Fiscal Year 2008-2009. Prepared by: Tom Weiner~ Planning Manager Robert A. Brad~ ~ City Manager #~ Approved by: Attached: David Evans and Associates Proposal July 1,2008 Agenda Item No. 10 Page 2 of 4 - . E:: July 1,2008 Me Tom Weiner, Planning Manager City of Lake Elsinore Community Development 130 South Main Street Lake Elsinore, CA 92530 SUBJECT: ANNUAL AGREEMENT FOR LANDSCAPE ARCHITECTURAL PLAN CHECKING AND INSPECTION SERVICES - FY 2008/2009 Dear Tom, On behalf of David Evans and Associates, Inc. (DEA), we are pleased to provide an updated consultant agreement for work provided by DEA for your new fiscal year. We have now had an OppOltunity to provide plan checking and inspection services for you dwillg the last six months, and both the City and DEA appear to be very pleased with the results so far. We understand the importance of maintaining the fee structure currently in place; especially in light of difficult economic times. Therefore, we would like you to review our clarifications of requested hourly rates for the classifications noted. Please note that if Mr. Chris Giannini or any other DEA licensed Landscape Architect were to provide plan checking services directly, the highest rate noted would apply. (Each rate does include mileage). We ask that the City cover additional reimbursable expenses such as printing or overnight charges. As discussed, meetings required with the Planning Department, inspections, and or DRC representation could be choreographed such that one meeting might address several needs. Landscape Architectural Inspector $100/hr. Landscape Architectural Designer / Plan Checker $105/hr. Licensed Landscape Architect (DRC Representation / Plan Checking / Oversight, Specific Plan / PUD Review) $135/hr. 4200 Concours, Suite 200 Ontario, California 91764 TeL 909.481.5750 Fax 909~g~B~ltem NO.1 0 Page 3 of 4 July 1, 2008 Mr. Tom Weiner City of Lake Elsinore Landscape Architectural Services Page 2 " Please review these rates with your team and let us know if they are acceptable. We will strive to be efficient and creative on all aspects of the work. We are becoming familiar with the City Landscape Guidelines and can work with you to improve upon this working document. Weare still interested in providing the city with an in-depth review along with suggestions for change to the guidelines. DEA looks forward to continuing to maintain a positive relationship with the Lake Elsinore development community. If you have questions, comments, or suggestions, please feel free to call. Sincerely, DA VID EVANS AND ASSOCIATES, INC -/1) I . 1'<- ,.-<rd..f..;; OZy~ Kim S. Rhodes, L.A. 3867 Vice President Chris Giannini, L.A. 4287 Associate / Project Manager O:\Marketing\ProposalslLlLake ElsinoreVu/y 2008 Plan Check and Inspection Leller.doc Agenda Item No. 10 Page 4 of 4 CITY OF ~~ LAKJ: ,6,LSiI10RJ ?P.". DREAM ExtREME", REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22,2008 SUBJECT: SELECTION OF LANDSCAPE ARCHITECTURAL FIRMS FOR LANDSCAPE DESIGN SERVICES AND AWARD OF AGREEMENT Backaround The City of Lake Elsinore has been utilizing consulting firms to provide park designs, basic landscape, facility designs, park expansion designs and renovation services on an on-call basis for over fifteen years. Currently, the contract for architectural design services has expired. Discussion On May 16, 2008, staff sent out a Request for Proposal/Request for Qualifications to solicit qualified landscape architectural firms to provide on-call landscape architectural design services to the City. The City advertised in the Press Enterprise and mailed the RFP/RFQ directly to various landscape architectural firms. The deadline to submit proposals was June 19, 2008. The City Clerk received thirteen proposals. The RFP/ RFQs were competitive, exhibiting varying degrees of experience and dependability related to the landscape design services. Staff utilized the following criteria to evaluate each of the proposals. . The City considered the consulting firm's experience with performing work in a similar capacity, the qualifications and number of staff available for the assignments, the experience of any sub-consultants and the firm's demonstrated ability to stay within project costs and deliver a finished project on time. . A selection team consisting of staff from the Public Works Department and the Parks and Recreation Department evaluated the thirteen proposals, and selected the top three firms (BMLA, IDLA, and David Volz Design) to participate in a second screening process held on July 15, 2008. This screening process consisted of a presentation by the firm and a question and answer period to further evaluate the firm's experience and qualifications. Agenda Item No. 11 Page 1 of 27 Selection of Landscape Architectural Firms July 22, 2008 Page 2 . Two of the three firms are being recommended to City Council to provide on-call landscape design services. Staff recommends the selection of BMLA Landscape Architecture and David Volz Design to provide on-call landscape design services to the City. Both these firms demonstrated the ability to meet the City's future park landscape design services and are available to begin upon notification. Both these firms have been prequalified through a competitive RFP/RFQ selection process and will provide consulting services for a period of three years with the option for two one year extensions. The award of this agreement does not guarantee that services of the architect will be required and City staff reserves the right to negotiate the terms and scope of work on a project by project bases. Fiscal Impact Funding for park design services will be from various funding sources to include park improvement fees, CDBG funding and State and Federal grants. Consulting services will not exceed $150,000 per fiscal year for each firm. Recommendation Authorize the City Manager to sign the Professional Services Agreements with BMLA Landscape Architecture and David Volz Design for on-call landscape architectural design services and to issue purc~as orders on a project-by-project bases. Prepared by: Ray Gonzale Director of Pa nd Recreation Approved by: Robert A. Brad~ City Manager - ~ Attachments: Request for Proposal I Qualifications Proposals for: BMLA and David Volz Design. Agenda Item No. 11 Page 2 of 27 CITY OF A-"'--. LAI<.:.B ,6,LSiNORJ; ~.L-:- DREAM EXTREME REQUEST FOR PROPOSALS I QUALIFICATIONS (RFP/RFQ) LANDSCAPE ARCHITECTURAL SERVICES Page t of7 Agenda Item No. 11 Page 3 of 27 CITY OF LAKE ELSINORE PARKS AND RECREATION DEPARTMENT 130 S. MAIN STREET LAKE ELSINORE, CA 92530 Page 2 of? Agenda Item No. 11 Page 4 of 27 REQUEST FOR PROPOSALS I QUALIFICATIONS (RFP/RFQ) LANDSCAPE ARCHITECTURAL SERVICES The City of Lake Elsinore Parks and Recreation Department invites prospective Respondents to submit proposals for Landscape Architectural Services. Proposals must be submitted in accordance with the conditions outlined in this Request for Proposals (RFP). This RFP is being distributed to local professionals that have been certified as landscape architects by the State of California and have experience in municipal park design. This RFP is specifically intended for landscape architect professionals with at least ten years of experience. Typical services shall include basic landscape architecture and design for parks and recreation facilities, improvement or expansions to existing facilities, landscape medians, providing construction cost estimates, provide landscape maintenance procedures, engineering and assist staff as technical advisor to the City with regards to landscaping and irrigation issues. DESCRIPTION A. Background The Parks and Recreation Department typically works with consulting professionals to perform various park planning, landscape architecture and irrigation design and cost estimating. The Department currently has one grant funded design project in need of planning and design services. In addition, the Department will have future design projects, including nature trails, park improvement projects, and various multi-purpose ball field renovations. City fire stations may require some landscaping renovation assistance. These services will be based on on-call requests through the issuance of a City Purchase Order specifying the nature of the work required. B. Scope of Contract The City anticipates that budgeted amounts for project related professional services will not exceed $150,000 per fiscal year. The Department wishes to engage in a contractual relationship with the best qualified landscape architectural firm selected through a competitive selection process that will work well with Department staff in achieving landscaping designs that are cost effective, energy efficient, value engineered, practical and easily maintained. The City may elect to award this contract to more than one architect firm. Award of this contract does not guarantee that services of the architect will be required during the contract period. Page 3 of7 Agenda Item No. 11 Page 5 of 27 SCOPE OF SERVICES: LANDSCAPE ARCHITECT will perform services customarily and typically rendered to complete all necessary field work, surveys, design, engineering, contract documents, technical specifications, regulatory agency coordination, compliance with UBC, UPC, NEC and all other applicable codes, supply review plans at 35% and 95% completion for departmental review and comments, prepare and submit permit and construction plans to regulatory agencies, conduct submittal reviews and approval (during construction), perform periodic construction inspections as required and issue required certification documentation, prepare and provide detailed construction cost estimates, and provide maintenance and upgrade recommendations on existing facilities. Funding for the requested services will be from varied sources to include park improvement grants, CDBG funds, State and Federal Grants, etc. Solicitation for this RFP does not commit the City to award any contracts or if a contract is awarded, that any work is guaranteed or implied. The City reserves the right to accept or reject any or all proposals if the City determines it is in the best interest of the City to do so. The City will notify all Proposers, in writing, if the City rejects all proposals. The architect will be required to interact with City staff to discuss the design project prior to beginning work. The architect shall be available to act as a resource for City staff responding to general questions or inquiries concerning specific projects. The architect shall be available to attend Design Review Committee (DRC), Planning Commission, or City Council meetings as requested by City of Lake Elsinore based on an agreed fee. Questions reading the scope of work or RFP process should be directed to Ray Gonzales, Director of Parks and Recreation at (951) 674-3124 ext. 265 or rgonzales@lake-elsinore.org. TERM OF AGREEMENT The Term of the Agreement is for three (3) years after the effective date of approval. The City shall have the right to cancel or suspend the Agreement by giving the architect fifteen (15) days written notice. If such cancellation or suspension shall take effect during the performance of any uncompleted work, the architect shall be paid the reasonable value of the work accomplished. The Agreement may be extended upon consent of all parties, including the approval by the City Council for up to two (2) years in one (1) year increments by contract amendment. GENERAL REQUIREMENTS FOR REQUEST FOR Page 4 of7 Agenda Item No. 11 Page 6 of 27 PROPOSALlQUALlFICA TIONS (RFP/RFQ) The architect shall provide the following: . A brief description of the consulting firm, organizational structure, location of principal offices, number of professional personnel, names of staff members that may work on assigned projects, and all other pertinent information. . The name and relevant experience of the principal or project manager in the firm who will have direct and continued responsibility for the project. This person will be the City's contact on all matters dealing with the project and will handle all day-to-day through completion of the project. . The names of any outside consultants and/or sub-consultants to be utilized, including a brief description of their role in the project. The intent of the City is to have the firm receiving this RFP/RFQ perform the bulk of the work to be covered by the annual agreement. Sub-consulting must be pre-authorized by the Director of Parks and Recreation and will only be allowed in limited situations. · A detailed list of the items of work to be performed by the consultant. · Resumes of all personnel that will provide services in relation to the landscape services contract. · Examples of each consultant's recent relevant experience. · Current billing rate schedule for each classification of architect's staff. · An authorized official of the consulting firm shall sign the proposal. · The proposal shall be valid for a minimum of 90 days. · Consultant is obligated to provide evidence of insurance liability and abide by all City of Lake Elsinore Risk Management procedures. · Consultant will maintain required professional licenses and registration during the life of the agreement with the City. SELECTION CRITERIA ...J The City plans to consider the consulting firm's experience with performing work in a similar capacity, the qualification and number of staff available for the assignment, the experience of any sub-consultants, and the firm's demonstrated ability to meet deadlines. ...J A selection team will review the RFPJRFQ submitted and may request Page 5 of7 Agenda Item No. 11 Page 7 of 27 interviews from the top candidates. The top candidates will be ranked by the selection team based on qualifications and presentations. The City reserves the right to negotiate terms and scope of work with the two (2) highest ranked candidates. If an agreement cannot be negotiated, the City reserves the right to renegotiate with any other finalist. TIME SCHEDULES The following is the City's tentative schedule for selection of completing review of submitted RFP/RFQ's and executing an agreement: 1. Issuance of RFP/RFQ request: May 15, 2008 June 19,2008 2. Deadline for filing RFP/RFQ with City: 3. Staff review of Statement of Qualifications: June 19- 23, 2008 4. Interview of top consultants (if deemed necessary):June 24 - 25,2008 5. Recommendation to City Council for approval: July 8, 2008 July 9, 2008 - June 30. 2011 6. Agreement Term: Attachment: Exhibit "A" Insurance Requirements Three (3) copies of the Statement of Qualifications must be received in person or via mail by 2:00 p.m. on the filing deadline of June 19, 2008 at: City of Lake Elsinore City Clerk's Office ATTN: VIVIAN M. MUNSON City Clerk 130 S. Main Street, lake Elsinore, CA 92530 Please clearly mark the envelope as follows: "RFQ/RFP for Landscape Architectural Services Parks and Recreation Department - FY 2008-2011 Open June 19, 2008 at 2:00 p.m." Page 6 of7 Agenda Item No. 11 Page 8 of 27 Exhibit itA" REQUIRED DOCUMENTS Upon selection, the City of Lake Elsinore Community Development Department will require the following current documents: 1. General Liability: $1,000,000 combined single limit per occurrence 2. Auto Liability: $1,000,000 combined single limit accident 3. Workers' Compensation: Workers' compensation to Statutory limits: $1,000,000 is Employers' liability limit. 4. Professional Liability: $1,000,000 combined single limit per occurrence. 5. City of Lake Elsinore Business License: Proof prior to October 1, 2008. 6. W-9 Request for Taxpayer Identification Number and Certification Page 7 of7 Agenda Item No. 11 Page 9 of 27 At BMLA, we create landscape architecture that builds lasting community Our staff of sixteen landscape professionals are committed to the client's success. We honor client's needs by utilizing our team to create multiple levels of conception for the client's vision. Our process builds lasting relationships that spawn the commitment to execute the client's vision on time, on budget, and drive new levels of quality among our industry. Baxter Miller established the firm in 1987. BMLA now operates two offices in southern and central California, with the main office located in Corona and a regional office in Santa Maria. We maintain a diverse portfolio of projects with both public and private agencies. Our portfolio includes residential tract development, regional parks, streetscapes, urban design, and community master plans. The following pages are an assortment of projects that we feel represent our strengths and the kind of services we provide for our clients. Phase one of any project is listening to the client's project vision. We will then start the vvor k place-making by analyzing the site's surroundings and interactions with the environment. We work everyday to our design vocabulary and understanding of construction techniques to create solutions that function like new everl afte: years of use. At BMLA, we provide clients with the necessary imagery to see how their project will become a reality by of hand graphics, multimedia rendering, CAD and computer generated models. This scope of design may include, but is not limited to the following: .~~ ./ Feasibility recommendations for site renovation and developments Project master planning Concept plans sketches and illustrations . ~---~-~., , · r4fi;\. . ~ e i?; C"'/ 'p Agenda Item No. 11 Page 12 of 27 BMLA prepares the landscape architectural design elements for specific plans, design guideline, Covenants, Codes & Restrictions, as well as development master plans. We prepare with the intent of protecting the client's investment. This work is often done in conjunction with other design development services. 9~~()Rl\rly~~r~~~ rLlql~1'^1n~ ~~~~N,~~ lVS:C,:",,:::. :lL"h:"'\.o\.~ ~., ..",:,'1' ......{'-.. ,.-"t:.t"lr",. ",i!,':" 1:-' ~'~'F?"" J :"1 .,J ~.~ 'C': ~'"-'::: '. r:~!'.'1 :"D';< :i',~ ~'/. ~ . . '~",,","~~~'''-:-'I~:~~'' . . " I' Sketch of Whispering Heights Conceptual Design Corona CA Design. Fontana CA Sierra Bella Design Guidelines Corona CA 3D Model of Fernandez Park Conceptual Sierra Bella Design Guidelines. Corona CA .... , BMLA provides its clients with graphic and text representations of the uses, features, and conceptual construction needs for large-scale and multiphase projects. Our master planning service provides a schematic understanding of large-scale projects and guides the final project program. lion ,jl'" Martin Tudor Waterpark, City of Fontana Master Plan Alternatives for EI Cerrito Park, Riverside EDA, CA e r~ p AgendaJ-tem-No;-tt- Page 14 of 27 i City of Fontana Our responsibility was to create an outdoor gathering space that continues the Art Deco theme of this historic theater. originally built in 1937. Our efforts focused on the courtyard adjacent to the theatre to create a space for gathering before shows and during intermissions. . UII1IIIIII!i!,..... " ....~". .. .. ~..:,. .. " ':-"~' er 4Jj; \.- , . ~ e ~ ,,~" , Agel"1c:lEJ1e~.-H---- - Page 15 of 27 I Castle & Cook The Crossing Shopping Center was the first of its kind for the City of Corona We were hired to provide design concepts for the complex. BMLA designed this 11 O-acre site utilizing a system of pathways and enhanced pooling spaces to connect the shopping area to the entertainment area located at opposite ends of the site. Public Works Department Chuck Hays, Interim Director 16489 Orange Avenue Fontana, Ca 92335 Phone: 909.350.6530 Beth Groves, City Manager 400 South Vicentia Avenue Corona, Ca 92882 Phone: 951.736.2372 Economic Development Agency Pamela Baird, Regional Manager 1157 Spruce Street Riverside, Ca 92507 Phone: 951.955.6691 Gabriel Garcia, Director 400 South Vicentia Avenue Corona, Ca 92882 Phone: 951.739.4871 Recreation & Parks Alex Posada, Director 110 East Cook Street Santa Maria, Ca 93454-5190 Phone: 805.925.0951 ext.260 Parks & Recreation Department Brian Petree, Director 2820 Clark Avenue Norco, Ca 92860 Phone: 951.270.5633 Maria Dadian, City Manager 18747 C1arkdale Avenue Artesia, California 90701 Phone: 562.865.6262 . \ ,. \\\ '~....... ~ ~/ ,.~, .:' 4IJi;,.., \ .\\ .. " \ e """""'.",,.,,,,",,, Agenda _1!~~1..-..- ---.Page 17 of 27 1351 Pomona Road, Suite 200 Corona, Ca 92882 Contact: Bob Paradise Phone:90~2715800 19700 Fairchild Irvine, Ca 92662 Contact: Scott Thayer Phone: 951.284.1050 eX.213 2 Ada, Suite 200 Irvine, Ca 92618 Contact: Steve Bradley Phone: 949.790.7414 2518 N Santiago Blvd Orange, Ca 92867 Contact: Pat Haupert Phone: 714.998.3400 1800 E.lmperial Highway, Suite200 Brea, Ca 92821 Contact: Bryan Bergeron Phone: 714.285.2900 275 South Memorial Drive San Bernardino, Ca 92408 Contact: Ned Sciortino Phone: 9093820033 895 Dove Street, Suite 200 Newport Beach, Ca 92660 Contact: Brian Hardy Phone: 949.851.4668 31 Journey, Suite 100 Allso Viejo, Ca 92656 Contact: Bruce Gillings Phone: 949.831.9338 5950 Priestly Drive Carlsbad, Ca 92008 Contact: Rush Porter Phone: 760.809.4452 3194-C 1 Ai rport Loop Drive Costa Mesa, Ca 92626 Contact: Ben Anderson Phone 714.966.1544 . . . . . . . . . . . . . . . I I I I ~~ LClV'.dsctl"pe ArcYlLtects aV'.d parI<. Plali\,1/Itrs www.dvolzdesign.com June 17,2008 Home Office 151 Kalmus Drive, Suite. M8 Costa Mesa, CA 92626 phone 714.641.1300 fox 714.641.1323 Mr. Ray Gonzales Director of Parks & Recreation City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Coachella Valley Office 78060 Calle Estado La Quinta, CA 92253 phone 760.580.5165 fax 760.564.0369 Dear Mr. Gonzales, It is always our privilege to have the opportunity of partnering with a City such as Lake Elsinore, as they endeavor to improve their quality of life. We believe the quality of life is improved by keeping the places the community congregates in well-kept condition and inviting. It is also important to create new sites filled with interest and beauty, while keeping in mind the need for ease of maintenance and environmental conservation. David V olz Design eagerly submits the following statement of qualifications to be included as your partner for your consultant list as projects come up relating to landscape architecture. It is our desire to serve you with landscape architecture services for future projects during the coming years. Our team of qualified landscape architects is currently offering on-call services to several cities including the City of Los Angeles, Anaheim, and Long Beach. As an award-winning firm we can offer innovative and creative design solutions for your projects. Thank you for your consideration to select David V olz Design. Very truly yours, ItA"... "..L~ ItlUilGN . 10~r of creative d~Slgl1 o . Volz, LEED AP, LA rincipal Landscape Architect #2375 ;7 T:>esl.g....t~ LClv..dsC&rpes tnat Create COVlotw-u....ttl:j Agenda Item No. 11 Page 20 of 27 . . . . . II II II II IJ II II III II - II - - , FOUNDED IN JANUARY 1997 LANDSCAPE ARCHITECTS AND PARK PLANNERS SEVEN LANDSCAPE ARCHITECTS: DAVID VaLl, LA # 2375 AND LEED ACCREDITED PROFESSIONAL GARY VASQUEZ, LA #3883 GREG MEEK, LA #2484 ELAINE DOVE, LA #4828 BOB GARCIA, LA #3934 GENE YAMASAKI, LA #1250 JAY BROWN, LA #5012 I.".. FIRM INFORMAT-ION Ilt.n'iid "4..~ IIIt.'shllll ~1~"I81. is committed to the creative de- sign of outstanding public spaces. We develop landscapes, parks, sports fields and streetscapes to meet the specific needs of their com- munities. DVD designs special environments for those who seek rec- reation in a beautiful setting: wonderful natural environments for those who are simply looking for respite and for those who pursue recreation and competitive athletic endeavors on the playing field. Our firm capitalizes on what the site and nature has to offer. For all of our commissions, we work to enhance the site's use, working within environmentally sound parameters while taking full advantage of the site and its surroundings to best service the community's needs. Ever mindful of our role as stewards of the land, DVD's design phi- losophy includes careful consideration for realistic maintenance requirements and construction cost parameters. Our company is the only known landscape architect firm in Southern California that is LEED accredited. We understand the commitment we have to the public to deliver quality projects that offer a high return for the public funds invested; projects that can be maintained and deliver a lifetime of service to the communities they are built for. Our philosophy also embraces any opportunity to interact with the public to create environments that meet their needs. This outreach has often been the catalyst for many of our most successful projects. This outreach allows us to seek inspiration that often leads to creative and innovative solutions. Parks and greenspaces designed by our firm have received awards and accolades from community groups, civic organizations, the American Public Works Association, the California Parks and Recreation Society and the National Recreation and Park's Society. In fact, this year two of our park projects won the Award of Excellence from CPRS - the highest award given in their categories. . 1 Page 21 of 27 · Memberships . .- .~ ~. .~ ''"'''''7,1 ,-~ BJI . '/.'\ - ",~',"':':.:;'''' ~ . ASIA II Recent AW'lrc/s III .. .. . . II III . . USGBC u.s. Green Build Council - LEED Accredited Professional . CPRS District X - (Leadership in Energy and Environmental Design) Platinum/Scholarship Sponsor NRP A . CPRS District XI - National Park and Recreation Association Platinum/Scholarship Sponsor CPRS . CPRS Administrator Institute California Park & Recreation Society . CPRS Political Action Committee APW A . CPRS Park Operations Tour American Public Works Association . Anaheim Community Foundation S.C.M.A.F . APW A Scholarship Fund Southern California Municipal Athletic Federation. SCMAF - Gold Sponsor CASH . Women In Leisure Services - Coalition for Adequate School Housing Gamma Chapter Women in Leisure Services - Gamma Chapter The Professional Connection For Women STMA Sports Turf Managers Association ASLA American Society of Landscape Architects . CPRS Award of Excellence -Bell Gardens Sports Center - West Anaheim Youth Center . APW A - Project of the Year Bell Gardens Sports Center Electrical Excellence In/Outdoor lighting 1st Place - Bell Gardens Sports Center SCMAF Outstanding New Sports Facility Award 1st Place Design - Bell Gardens Sports Center . California Fit Business Award - Gold DVD office and employee Programs Sponsorships qnd 5cho/;JtSJ7/P 5pO/75otS Ec/ucqtion qrJd l<t7o~o/le(fge 5/74 ti rJ9 . Rancho Mirage Public Landscape Review Plant selection for Public Landscapes Presented by David V olz LA, LEED AP . Synthetic Turf 101 - SCMAF Sports Institute Presented by Elaine Dove LA . Synthetic Turf - CPRS Channel Islands Conference Presented by David V olz LA, LEED AP . Annual Turf Management Seminar - Cuyamaca College Presented by David V olz LA, LEED AP . Meeting Community Needs Through Creative Park Design - NRP A Presented by David V olz LA, LEED AP . Park Design and Development - CPRS Administrators Institute presented by David V olz LA, LEED AP D.qviq Volz Design finqs inspir'ltion in the m'lny inter'lctions we helve with oUr frienqs, colle'lgues 'lnq clients. Our mission is to cre'lte unique qnq speciql plqces thqt enrich lives qnq enhqnce oUr environment. For 10 yeq/"S our firm hqs liveq up to oUr commitment to qe[iver outstqnqing public [qnqsc'lpes to the communities we serve through interqction, knowleqge sh'lring, cWq compqrqtive v'lliqqtions. ~1JCO[O Ul,^,~sc~'Pe Arc~Ltects Clv\'~ 'P~rR, 'PLCl,^,,^,ers ~v IV vv D V 0 J z [) e s i 9 n . com ('Ol"filll"u/e O/Iiee I 7/4.64 J. J30(l Coachel/Il 'Ag~nda IlterfYjt1J6)SOUI65 Page 22 of 27 . . . . . . . . . . . . . . . . . . . City of Long . City of Newport Beach . City of Seal Beach . City of Orange . County of Orange . City ofYorba Linda . County of Los Angeles I.".t L.AGUNA HILLS COMMUNITY CENTER, CITY LAGUNA HILLS-A large community park consisting of active and passive amenities, as well as a community center building. . HERITAGE ISLAND PARK, CITY OF CERRITOS - A $2.4 million rehabilitation including innovative designs including unique water features and exclusive play adventures. + GEORGE WASHINGTON PARK, CITY OF ANAHEIM - An unique 1.8-acre neighborhood park located in the historic Anaheim Colony neighborhood. CLYDE BLAND PARK, CiTY OF TRACY - A new neighborhood park with a strong historical theme as well as the typical active/passive amenities. ON-CALL EXPERIENCE Mr. Volz serves as the landscape architect on a master consultant agreement with the City of Anaheim Park and Recreation Department providing on-call services, as well as full park design development for over eight years. Projects have included park improvements, park expansion, building renovations, median island design, and irrigation improvements. Many other cities in Southern California have benefited from the expertise of Mr. Volz and his design team. SPORTS PARK DESIGN EXPERIENCE Mr. Volz has extensive experience in designing various sports facilities ranging from ballfields to skate parks. One of his major commissions included program management for a 5,OOO-seat semi- pro baseball stadium in Long Beach. This widely used sports facility is home of all the University of Long Beach's ball games as well as Agenda Item No. 11 Page 23 of 27 Date/and Park, Ci~F (?l CO{fchella CommUJli~F Input. Master Plan, Construction documents . Skate park · Splash pad . Amphitheater fitm . Restrooms . Play areas . Community Center Construction Costs: $2.4 million I , , I '~.' , I , I .... I I I ILLA, AVIHUI I I , , ..,'.t PUBLIC AGENCY WORK-.- QUALIFICATIONS AND EXPERIENCE DVD is proud of our work and reputation in public sector work. In fact, we have specifically limited our business to include only public agency clients! Our public works portfolio includes hundreds of projects from median designs to master plans and construction documents for multi-million dollar sports complexes. The following projects are just a few examples of projects we have recently completed. As you will see, parks and greenspaces designed by our firm have received awards and accolades from community groups, civic organizations, and the California Parks and Recreation Society. We currently represent a number of cities in Southern California in an on- eall services capacity. We are active and supporting members of the California Parks and Recreation Society, National Recreation and Parks Society, American Public Works Association and locally, the Southern California Municipal Athletic Association. Below is a sampling of our experience which demonstrates our expertise and experience. RECENT PROJECTS Velerans ,Hemoriol Park, Ci~l' O/,\'WlIloil /IJasler Piau, COllstrllction doctI/JIent\ amI Constructioll lIJllllat;e- menl . Veterans Memorial . Granite Monuments . Public Plaza Design Fees: Construction Costs: $107,000 $600,000 Ca.\Iaways Park, Ci~J' (~INewporf Heach ('ol'l.llrl/Clioli nOCIIIllL'lils . Native Habitat Restoration Design Fees: $65,000 Construction Costs: $500,000 /)'('al Beach Boulevard. CiO' 01 Seal Beach ('Oli\/J"/{.:'/iu/t J){)('lIfJ1Ctll,\, unll ('rJfI\/f'IIL'/i( . Streetscape and Medians Design Fees: $29,000 Construction Costs: $753,000 /\gond::l Item No. 11 Page 24 of 27 . . . . . . . 1 I I . . . . . . II - I -- ~ III ..".. II I} j '(:::"1' Bryant Ranch School and Park. City ()f Y orba Linda Mus/er Plun und COlls/rllc/ion f)oClr!17CIII\ . Lighted tennis, volleyball, basketball . Picnic Area . Pre-Fabricated Restroom . Open Turf . Playground Design Fees: Construction Costs: $41,000 $1.5 Million Ford Park, Ci~l' of Bell Gordem I\/C/S!c'/" P/\/f/ (\'Jl!S!l'l(('(iori /){;':'lilf!l)il!.~ . IS-acre Sports Park Design Fees: Construction Costs: $323,000 $7 Million ( 'U!I>.fIIlc'//lill ('ancer Survivor ',\ Park, eilr of Lon;; Beach 114 a.\1 er PI fill . Themed Park Dedicated to the Treatment & Survival of Cancer Design Fees: $55,000 Construction Costs: $2.3 Million \IO,1e1 f'/lI!! ( '1I11/lId/nll Agenda Item No. 11 Page 25 of 27 ('elllennial Purk. Ci()' (~lcS'(/1l1a AI1(1 Design ulld ('Olls/rlle/ioll f)ocIIIJiI.'nl.\ . Dan Young Soccer Field (Synthetic Turf) Design Fees: $110,000 Construction Costs: $1 Million Market & Dai!".1' Park, Cit.v (~ILong Beach Design and ('nlls/ruc/ion Doellmen/) . Urban Mini Park . Water Play . Seating Design Fees: Construction Costs: $45,000 $350,000 ChiUuck Park. ('it.1' 4Long Beach \ IIII/er 1'11111 (;1'01/1 . Multi-Use Facility (Park/Drainage Basin) . Amphitheater . Boardwalk . Playgrounds . Picnicking Design Fees: Construction Costs: $35,000 Undetermined lIeri/lfge Par!.. CiO' of CariT/l.\ Mull! ;IJi/lloi/ Onllol /,'od lI'cl/n\ 0/1, !)r);'!ii!ien1.l" ('(J}i\/l)(i . Boston Theme . Play Island Renovation . Lake Restoration . CPRS Award of Excellence Design Fees: $250,000 Construction Costs: $1.2 Million I I - II I II II I I - , I I I I I I I ..,'.. )( Conejo Un!/ied School District Alaster Plan, ('onstrIlClion Documentl, ('ollltruetio/) Managemelll . 3 High School Athletic Stadiums . Synthetic Turf Fields . Rubberized Tracks Design Fees: $350,000 Construction Costs: $4 Million LlIng Ranch. EI COlleio Recreation Di\{ricl \1,I.I/el P/un . 135-acre Park Master Plan Design Fees: $140,000 Construction Costs: Undetermined Rancho Mirage Mediam-Design Guideline\ ('u/)s/rucl hln Docl/ments · Community wide Landscaped Medians . APWA Award Winner Design Fees: $35,000 Construction Costs: N/A Pioneer ParA. 0(1' of TI/slil/ Mastel Plall, ('(ins/rllc/ion Docllllren/\ ('Ol/s/rllclioll !\fallagelllem · Western/Pioneer Theme · Picnic Shelter . Restroom . Active Play Area . Water Play · NRPA & APWA Award Winners Design Fees: $100,000 Construction Costs: $1.4 Million Uhl~j' Lake ParA, Ci(j' (~f Oceanside Desigl/, ( 'onstnrclion Documen/s, ('0/111/'111'11011 ;\lunagemel/I . Picnic Shelters . Restroom Renovation · ADA Accessibility · CPRS A ward Winner Design Fees: $41,000 Construction Costs: $1.5 Million lHartin Luther !(ing, .II', Park, Ci~l' of Occamide 1/,/1/,'/ I'/un ( 'OI/\IIIIi'lioll /)",, · City/School Joint Use Facility · Baseball, soccer, hockey fields . Playground . Picnic Shelter . CPRSAward Winner Design Fees: $41,000 Construction Costs: $1.5 Million Ag9ndlil Item No. 11 Page 26 of 27 SfUfemenf .lrclllte('liirC SCrVli ( '1/.1' uj Luke EI.\iuure PROJECT DELIVERY Delivering projects to our clients within their expectations, budget, and timeframe is our top priority . We aim to keep our clients happy and remain in a mutually beneficial relationship for a long, long time. Weare an extension of your staff and are willing to support you in any task needing assistance. We have the knowledge and expertise to creatively take your project from start to finish, from concept devel- opment through the construction process. We have provided similar services for hundreds of successful park development and refurbish- ment projects. We have a very creative team and our desire to be your staff's landscape architect will be evidenced through our energy and enthusiasm. The best way to demonstrate ability to complete comprehensive and timely projects is our list of numerous happy clients and return cus- tomers. By way of previous project examples we demonstrate our ability to accomplish our scope of services on time. The following list of clients and projects have been prepared for your review. Feel wel- come to contact these clients to discuss our responsiveness. I ~ . I II SerVices Di ( "IlI'jO H,', II'tll lOll tllli/ P,nk ! tl/W /{tl/H II (Olnl1lUl1ltl [lark ! <'Ill \"/0)\(>11 f)/\II/II ,(,lrllllli'/rtl/or !'tlrh'\ <,-l'Iallllllld (SO:;) 19)-6-17/ (7/4) 379-9222 n (<'l11mlmil,; (9.19).16/.34/3 o. 11 Page 27 of 27 I CITY OF ~ LAKE 6LSiNO~ \ I ~.~ DREAM EXTREME", FROM: REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER TO: DATE: JULY 22,2008 SUBJECT: LICENSE RENEWAL - ESRI GEOGRAPHIC INFORMATION SYSTEM (GIS) SOFTWARE Backaround Annual renewal of Environmental Systems Research Institute (ESRI) ArcGIS software licenses includes concurrent and single use licenses and software extensions. Discussion ArcGIS software continues to provide City staff and citizens with timely information regarding parcels, ownership, and boundaries. The software is currently installed at the front counters and with all City staff interacting with citizens. In addition, mobile GIS has been deployed on PC Tablets with the Building Inspectors and Code Enforcement Officers. Our licensing investment has grown in proportion to increased GIS integration. Per the City's purchasing policy Section 3.08.070, this purchase, which is over $15,000, is exempt from a formal bid process because it is a sole source proprietary product sold by ESRI, the leader in GIS software. FiscallmDact The fiscal impact to the City to purchase the ESRI ArcGIS software license renewal is $30,051.47, with tax included. Please see attached Exhibit A for official quote and itemized license breakdown. Sufficient funding is available through FY 2008-09 IT division operating funds. Recommendation City Council authorizE? the City Manager to approve the renewal of the ESRI ArcGIS software licenses for FY 2008-09. Agenda Item No. 12 Page 1 of 4 ESRI License Renewal July 22, 2008 Page 2 Prepared by: Mark Dennis 1Ifi~ Information/Communications Manager Robert A. Brady /IrA City Manager ~{)V Approved by: Agenda Item No. 12 Page 2 of 4 EXHIBIT A .~:I' ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3025 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 03/24/2008 To: 07/04/2008 Quotation # 25305412 Date: March 24, 2008 Customer # 1443 Contract # CITY OF LAKE ELSINORE 130 S MAIN ST LAKE ELSINORE, CA 92530 ATTENTION: Catherine Barrozo PHONE: 951-674-3124- FAX: 951-471-11418 Material Qty Description 52384 1 Arclnfo Concurrent Use Primary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 52396 ArcCOGO Floating Primary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 86497 ArcEditor Concurrent Use Primary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 87194 ArcView Concurrent Use Primary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 87195 1 ArcView Concurrent Use Secondary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 87195 1 ArcView Concurrent Use Secondary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 87232 ArcGIS Spatial Analyst Concurrent Use Primary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 87198 ArcGIS 3D Analyst Concurrent Use Primary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 98696 1 ArcGIS Publisher Concurrent Use Primary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 87192 1 ArcView Single Use Primary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 98880 1 Annual Support Assistance Program for ArcPad Unit Price 3,000.00 Total 3,000.00 500.00 1,500.00 700.00 500.00 500.00 500.00 500.00 500.00 400.00 295.00 500.00 1,500.00 700.00 500.00 500.00 500.00 500.00 500.00 400.00 295.00 Quoted By: Cheryl Lopez, (909) 793-2853 x1989 Email: clopez@esri.com Account Manager: Tammy Pike Email: tpike@esrLcom Acceptance of this quotation is limited to the ESRI License Agreement and the Quotation Terms and Conditions This Quotation is made in confidence for your review. It may not be disclosed to third parties, except as required by law. If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 LOPEZC Agenda Item No. 12 Page 3 of 4 Quotation # 25305412 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3025 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 03/24/2008 To: 07/04/2008 Date: March 24, 2008 Customer # 1443 Contract # CITY OF LAKE ELSINORE 130 S MAIN ST LAKE ELSINORE, CA 92530 ATTENTION: Catherine Barrazo PHONE: 951-674-3124- FAX: 951-471-11418 Materia; Qty Description Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 100571 ArcGIS Network Analyst Concurrent Use Primary Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 96656 ArcGIS Business Analyst National Annual Maintenance Estimated Start Date: 7/5/2008 Estimated End Date: 7/4/2009 Unit Price Total 500.00 500.00 18,495.00 18,495.00 Item Total: Subtotal: Discount: Estimated Shipping & Handling (Surface Delivery) : Total (excludes applicable sales tax): 27,890.00 27,890.00 0.00 0.00 $27,890.00 Quoted By: Cheryl Lopez, (909) 793-2853 x1989 Email: clopez@esri.com Account Manager: Tammy Pike Email: tpike@esrLcom Acceptance of this quotation is limited to the ESRI License Agreement and the Quotation Terms and Conditions This Quotation is made in confidence for your review. It may not be disclosed to third parties, except as required by law. If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 LOPEZC Agenda Item No. 12 Page 4 of 4 ME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER JULY 22,2008 SUBJECT: APPROVAL OF NEW WEB SITE POLICIES AND DISCLAIMER DATE: Backaround The proposed new Web site policies and disclaimer will be displayed on the new Web site and will go into effect at the time of online activation in August. Discussion Web site policies establish the terms of use and expectations for online services. The attached policies and disclaimer, shown on Exhibit A, are intended to increase transparency in government and reduce any liability associated with e-government and related online information services in the event of errors, omissions, technical failures and so forth. These measures are also related to online compliance with Federal accessibility requirements for the disabled. Once approved, the new Web site policies and disclaimer will be added to the City Council Policy Manual. Fiscal Impact There are no new costs associated with the proposed policies and disclaimer. Implementing these measures is an operating cost within the Information Technology division. The IT division is overseeing the new Web site project. Recommendation Approve proposed Web site policies and disclaimer for implementation with the new City Web site. Agenda Item No. 13 Page 1 of 9 Web site Policies and Disclaimer JULY 22,2008 Page 2 Prepared by: Approved by: Mark Dennis ?J1 ~ I nformation/Commu nications Manager Robert A. Brady.<1iJ City Manager ~lJj) Agenda Item No. 13 Page 2 of 9 Website Policies and Disclaimer City of Lake Elsinore Exhibit 'A' July 22, 2008 Lake Elsinore Website Policies and Disclaimer Contents 1. Disclosure Policy 2. Privacy Policy 3. External Link Policy 4. City Calendar 5. Trademark of City Logo and Branding Assets 6. Disclaimer 1. Disclosure Policy The following Disclosure Policy explains the City of Lake Elsinore's (City) policy regarding any information you may acquire when visiting the City's official Website www.lake-elsinore.org (this domain is considered the City Website, which may expand or change from time to time). By using the City site, you agree, without limitation or qualification, to be bound by this Disclosure Policy or any other privacy or data collection policy applicable to any individual City Website. This disclosure makes no warranties or representations for any Websites that are not the aforementioned domain. 1) The City's Web servers are maintained to provide public access to City information via the Internet. The City's Web services and the content of its Web servers and databases are updated on a continual basis. While the City attempts to keep its Web information accurate and timely, the City neither warrants nor makes representations or end~rsements as to the quality, content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items contained on this server or any other server. Site materials have been compiled from a variety of sources, and are subject to change without notice from the City as a result of updates and corrections. To the extent permitted by law, commercial use of Web materials is prohibited without the written permission of the City. 2) The City does not warrant that the functions contained in the materials will be uninterrupted or error-free, or that defects will be promptly corrected. 3) All service marks and trademarks mentioned herein are the property of their respective owners. The City retains copyright on all text, graphic images, and other content. This means that you may not do the following, unless you have written permission from the City: a. Modification and/or re-use of text, images or other Web content from a City server; b. Redistribution of the City's Web content; c. "Mirroring" the City's Website information on a non-City server. 4) Some of the hyperlinks on this and subsequent pages may lead to resources outside the City. The presence of these hyperlinks should not be construed as an endorsement by the City of City of Lake Elsinore Web site Policies and Disclaimer_072208 Agenda ItEH1l7No. 13 Page 3 of 9 Website Policies and Disclaimer City of Lake Elsinore Exhibit 'A' July 22, 2008 these sites or their content. The City is not responsible for the content or the privacy policies of any such external hyperlink. 5) Communications made through e-mail and messaging systems shall in no way be deemed to constitute legal notice to the City or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the City or any of its agencies, officers, employees, agents, or representatives, where notice to the City is required by any federal, state or local laws, rules, or regulations. 6) The City of Lake Elsinore is committed to compliance with the Americans with Disabilities Act (ADAg 508 et seq). Reasonable accommodations, including equal access to communications, will be provided upon request. Requests should be directed to the City of Lake Elsinore Information Technology Help Desk at (951) 674-3124, extension 307, between 8:00 a.m. and 4:30 p.m., Monday through Thursday, and 8:00 a.m. and 4:00 p.m. Friday, or bye-mail at We bmaste r@lake-elsinore.org. 7) The City is neither responsible nor liable for any viruses or other contamination of your system, nor for any delays, inaccuracies, errors or omissions arising out of your use of the site or with respect to the material contained on the site, including without limitation, any material posted on the site. This site and all materials contained on it are distributed and transmitted "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The City is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the site and/or the materials contained on the site whether the materials contained on the site are provided by the City, or a third party. 8) The City Website employs industry-standard methods to monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage. The City uses reasonable precautions to keep the personal information disclosed to the City secure. 9) The City Website is coordinated and maintained by the Information Technology Division of the City Manager's Office. Web content is produced by each department and division within the City, and is the sole responsibility of the respective department and division. Information Technology may be contacted by mail at 130 S. Main Street, Lake Elsinore, California 92530, by telephone at (951) 674-3124, extension 307, between 8:00 a.m. and 4:30 p.m., Monday through Thursday, and 8:00 a.m. and 4:00 p.m. Friday, or bye-mail at Webmaster@lake-elsinore.org. 2. Privacy Policy The following Privacy Policy explains the City of Lake Elsinore's (City) policy regarding any information you may supply to us when visiting the City's official Website, www.lake-elsinore.org (this domain is considered the City Website, which may expand or change from time to time). By using the City site, you agree, without limitation or qualification, to be bound by this Privacy Policy or any other disclosure or data collection policy applicable to any individual City Website. This City of Lake Elsinore Web site Policies and Disclaimer_072208 Agenda liEH1l7No. 13 Page 4 of 9 Website Policies and Disclaimer City of Lake Elsinore Exhibit 'A' July 22, 2008 disclosure makes no warranties or representations for any Websites that are not the aforementioned domain. 1) On certain occasions, the public has opportunities to share personal information online with the City in order to facilitate better correspondence and service. This information includes but is not limited to e-mail addresses, responses to surveys, registering for services and new services to be created. The City of Lake Elsinore will not sell any information provided through this Website. Nevertheless, information received by the City online is a public record and may be subject to disclosure under the provisions of the California Public Records Act (Gov't. Code 9 6250 et seq.). Credit card information will not be disclosed. 2) The City only requires the personal information necessary in order to provide effective service. At times you may be offered an opportunity to provide the City with additional information on a voluntary basis, this additional information enables the City to provide you with improved service. 3) Using e-mail addresses provided at registration or otherwise, users are giving the City permission to periodically send out e-mail newsletters and promotional email to our users about Website updates, and product and service information offered by the City. 4) Users may indicate that they do not wish to receive e-mail information from the City. Upon request, the City will remove users, and their information, from the City database or permit them to elect not to receive any further e-mail newsletters or contact. 5) The City encourages parents to go on-line with their children. One of the City services on-line is to provide educational information about Lake Elsinore; therefore, children are not restricted from visiting the City site. The City urges children to get permission from their parents or guardians before giving any information online. 6) The City Website employs industry-standard methods to monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage. The City uses reasonable precautions to keep the personal information disclosed to the City secure. 7) The City makes reasonable efforts to protect the personal information shared with us. For example, if you make an online purchase with the City, your credit card number and personal information is encrypted to protect this information while it is being transmitted. The City limits access to your personal information to only those employees who need it to perform the service requested. 8) The City Website is coordinated and maintained by the Information Technology Division of the City Manager's office. Site content is produced by each department and division within the City, and is the sole responsibility of the respective department and division. Information Technology may be contacted by mail at 130 S. Main Street, Lake Elsinore, California 92530, by telephone at (951) 674-3124, extension 307, between 8:00 a.m. and 4:30 p.m., Monday through Thursday, and 8:00 a.m. and 4:00 p.m. Friday, or bye-mail at Webmaster@lake-elsinore.org. City of Lake Elsinore Web site Policies and Disclaimer_072208 Agendal!~No. 13 Page 5 of 9 Website Policies and Disclaimer City of Lake Elsinore Exhibit 'A' July 22, 2008 3. External Link Policy The following External Link Policy explains the City of Lake Elsinore's (City) policy regarding linking of external and internal Website content that might be found when visiting the City's official Website www.lake-elsinore.org (this domain is considered the City Website, which may expand or change from time to time). By using the City site, you agree, without limitation or qualification, to be bound by this External Link Policy or any related content linkage policy that is applicable to any individual City Website. This disclosure makes no warranties or representations for any Websites that are not the aforementioned domain. It is the purpose of the Lake Elsinore City Government Website to provide accurate, non-editorial content that will inform Lake Elsinore City citizens about the services, operations and projects of Lake Elsinore City Government. In addition, the Website is used to facilitate, the delivery of services provided by the City of Lake Elsinore to its citizens and other customers. All City of Lake Elsinore departments and divisions are eligible to submit content or request the posting or hypertext linking to appropriate information to support their mission or service initiatives. The City of Lake Elsinore permits the establishment of links to external Websites on the City's Official Website solely in conformance with this policy. In the establishing and maintaining of its official Website, the City does not intend in any manner to create a forum, blog, or other means by which public disclosure, exchange of opinions, or discussion on issues of any nature may occur. Rather, the sole and limited purpose of this City's Website and permitted external links is to provide non- political and/or non-religious information of a factual nature about the City of Lake Elsinore, including various services and resources available within and around the City, or as may be available from other government agencies. The security of the information provided to the City of Lake Elsinore is important. However, the Lake Elsinore City Government Website includes links to other Websites, and when you choose to visit those Websites, we are not responsible for their privacy policies or how they treat user information. We are not responsible for the actions and policies of these third parties, and you should review the privacy policies of these parties when supplying personally identifiable information to them. 3(a). Requesting an External Link on the City of Lake Elsinore Website 1) The Information Technology Supervisor, a member of the Information Technology division of the City Manager's office, is responsible for the management and oversight of the City of Lake Elsinore Website. Inquiries about the External Link Policy may be directed to the Webmaster bye-mail at Webmaster@lake-elsinore.org. 2) Organizations wishing to establish external links on the City's Website must submit an External Link application. This form will contain all information necessary to verify the facts as stated, and is necessary to establish that the proposed link conforms to this policy. City of Lake Elsinore Web site Policies and Disclaimer_072208 Agendal!~No. 13 Page 6 of 9 Website Policies and Disclaimer City of Lake Elsinore Exhibit 'A' July 22, 2008 3) Consistent with the foregoing policy, it is the City's policy to limit external links to the following kinds of entities and organizations: a. Sites that are owned and managed by a state, local or federal governmental agency or local school board; b. Museums, libraries, historical organization and similar kids of established, bona fide organizations that provide cultural resources to residents and visitors of the City; c. Public and private, bona fide educational institutions; d. Public utilities; e. Sites that are maintained by an organization or cosponsor that receives direct financial support from the City; f. Sites that have a direct contractual relationship with the City for the provision of goods and/or services; g. Sites that provide a unique online resource that will assist in the provision of services and/or information that compliment the purpose of the City's Web presence as outlined above; h. Sites that provide of non-profitjnon-religious services that support the mission of the City of Lake Elsinore. 4) In order to avoid the appearance of City endorsement of political content, links shall not be made to Websites that are associated with, sponsored by, or serving a candidate for elected office or any political party or organization supporting or seeking to defeat any candidate for elective office or ballot issue or question. 5) As part of the City's Website content approval cycle, external links will not be made to sites that fall within any ofthe following criteria: a. Sites that are owned or managed by a political party, candidate or special interest group or are of a political nature that are associated with, sponsored by or serving a candidate for elected office, any political party or organization supporting or seeking to defeat any candidate for elective office or ballot proposal; b. Sites that are owned, managed or provide content for commercial entities that do not have a direct contractual relationship with the City for the provision of goods and/or services; c. Sites containing any materials that may reasonably be considered scurrilous or offensive. Offensive materials are defined as sexual content or images, slurs against race, religious or political beliefs, age, gender, sexual orientation, national origin or physical attributes. City of Lake Elsinore Web site Policies and Disclaimer_072208 Agendal!~No. 13 Page 7 of 9 Website Policies and Disclaimer City of lake Elsinore Exhibit 'A' July 22,2008 3(b). Right of Denial The City of Lake Elsinore reserves the right to: 1) Deny an external link application to any person, business or organization when it is determined, following review of a complete application, that the entity or organization for which application is made does not meet the criteria set forth in this policy; 2) Deny an external link application to any person, business or organization that fails to provide all required information, or fails to provide truthful information. 3(c). Removal of Content The City reserves the right to remove any external link if the nature of the organization or business to which the link relates no longer complies with the City's External Link Policy, including, but not limited to: 1) Discontinuance and removal of an external link at any time if an entity's Website provides or promotes false, slanderous, illegal, immoral, or incorrect information at any time, or; 2) Discontinuance and removal of an external link following revisions to this policy without prior notice, when to do so is found to be in the best interests of the City of Lake Elsinore. 4. City Calendar The City Calendar is a service offered to Website visitors as part of the main City Website. The purpose of the City Calendar is to provide a central location for Website visitors to easily find information, dates and times of City meetings, Commission meetings, Public hearings, holidays, City sponsored or co-sponsored Events, Parks & Recreation Department programs and activities, and Emergency Services information arising from natural or other occurrences that may result in a state of emergency declaration. The City Calendar is not a public forum or community calendar. The calendar is specifically for the use of City Staff to post events that are in direct support of staff's respective department's programs, activities and mission statements. Calendar items are considered Website content and thus subject to the City's Website content approval cycle. Occasionally, categories may be added or deleted as staff finds and identifies new Calendar item categories or finds that existing categories are obsolete. To the best of the ability of City Staff, calendar items are correct and timely. However, the City Calendar is not intended to serve as official notice of meetings or events. Users should confirm information regarding events with the posting department. City of Lake Elsinore Web site Policies and Disclaimer 072208 Agendal~No. 13 Page 8 of 9 Website Policies and Disclaimer City of lake Elsinore Exhibit 'A' July 22, 2008 5. Trademark of City Logo and Branding Assets The City Logo is a trademark of the City of Lake Elsinore. Any use of the materials stored on the City's Website is prohibited without the written permission of the City of Lake Elsinore. The City of Lake Elsinore retains all intellectual property rights including copyrights on all text, graphic images and other content. This means that the following acts or activities are prohibited without prior, written permission from the City of Lake Elsinore: 1) Modification and/or re-use of text, images or other Web content from a City server; 2) Redistribution of the City's Web content; 3) "Mirroring" of the City's Website information on a non-City server. 6. Disclaimer Some of the links made available to you through the City of Lake Elsinore's Website will allow you to leave the City's site. Please be aware that the Internet sites available through these links, and the materials that you may find at those sites are not provided by, endorsed by or are under the control of the City. Therefore, the City cannot and does not make any representation to you about these sites or the materials available on the sites. The fact that you may be able to access these additional sites from the City's Website is not an endorsement or recommendation to you by the City of any of these sites or any material found there. The City is providing these links only as a convenience to you, and your access to these additional sites is done at your own risk. The materials and information contained on or obtained from this Website, are distributed and transmitted "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Information contained on this Website, including information obtained from external links thereon, is provided without any representation of any kind as to accuracy or content and should be verified by the user. The City of Lake Elsinore is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Website and/or the materials contained on the site whether the materials contained on the Website are provided by the City of Lake Elsinore or a third party. For any questions regarding this policy, e-mail the Webmaster@lake-elsinore.org. City of Lake Elsinore Web site Policies and Disclaimer_072208 Agendal~]No. 13 Page 9 of 9 CITY OF ~ LAKE tjLsiNORE \ I V DREAM EXTREME", REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22, 2008 SUBJECT: PROFESSIONAL CONTRACT SERVICES WITH BUREAU VERIT AS FOR DEVELOPMENT PLAN CHECKING ON AN ON-CALL BASIS Backaround The Engineering Division of the City of Lake Elsinore, as a part of the development services, is required to review private development projects for comments and compliance with City regulations, City Standards and the Subdivision Map Act. In order to maintain a high level of responsiveness, these services are contracted to Engineering firms that have the flexibility to provide a professional staff for a dynamic work load. Discussion Bureau Veritas is an established engineering firm with the ability to provide staff for a variety of services. The City has contracted with this firm to perform: Engineering plan checking for improvement plans, grading plans and final map projects; and would like the opportunity to utilize their project review services as well. Bureau Veritas has the ability to provide these services and supplement staffing for the level of work that the Engineering Division is currently experiencing. Bureau Veritas has been providing plan check services to the City since 1994 and has the local knowledge and experience to provide a high level of service to the Division as well as the development community. This is the final year of a 3-year contract and staff will open the process to all interested parties in the 2009/2010 Fiscal Year. Fiscal Impact There is no direct financial impact to the General Fund as the services being provided by Bureau Veritas are either funded by developer's plan check fees or development Cost Recovery System accounts depending on the service being provided. Agenda Item No. 14 Page 1 of 18 Professional Services Contract July 22, 2008 Page 2 Recommendation Approve the continuation of the Existing Agreement with Bureau Veritas. Prepared by: Ken A. Seumalo ~ Director of Public Works Approved by: Robert A. Brady(J rR., City Manager 14" Attachment: Fee schedule of services Agenda Item No. 14 Page 2 of 18 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") dated for identification only as of February 28,2006, by and between the City of Lake Elsinore, a municipal corporation ("City") and Bureau Veritas, Berryman & Henigar ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. 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. C. 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 of the City through its staff that it may provide 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. 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. When payments made by City equa190% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" 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 execution of this Agreement. Consultant shall not 1 . Agenda Item No. 14 Page 3 of 18 , perform, nor be compensated for, Extra Work without written authorization from City. 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 terrriination. 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 of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City 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 granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use ofthe 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 othervvise 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, 2 Agenda Item No. 14 Page 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, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period ofthree (3) years, or for any longer period required by law, from the date offinal payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody ofthe records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor - in- interest. 9. Independent Contractor. It is understood that Consultant, in the performance ofthe 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: 3 Agenda Item No. 14 Page 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 ofthe City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 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 Jocallaws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnity. a. 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 negligence 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 ofthe sole negligence or willful misconduct ofthe City, its officers, agents, employees or volunteers. b. It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the City and Consultant. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the City ana Consultant that any such person or entity other than City of Consultant, receiving services or benefits under this Agreement, shall be deemed an incidental beneficiary. 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 Workers' Compensation Insurance and Employer's Liability Insurance for hislher employees in accordance with the laws of the State of California. In addition, Consultant shall 4 Agenda Item No. 14 Page 6 of 18 require each subcontractor to similarly maintain Workers' . Compensation Insurance and Employer's Liability msurance 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. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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 oftms insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i The City, 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. 5 Agenda Item No. 14 Page 7 of 18 Ill. 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, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-msured 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 msurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence ofthe 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. Ifto City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 Ifto Consultant: Bureau Veritas, Berryman & Henigar Attn: Regional Chief Executive 11590 West Bernardo Court, Suite 100 San Diego, CA 92127-1624 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. 6 Agenda Item No. 14 Page 8 of 18 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and cOII~petence .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 rcilationship between City and any subcontractor nor shall it create any obligation on the part of the City to payor to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMSIENDISPUTE ("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. Ifthe 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. 7 Agenda Item No. 14 Page 9 of 18 27. Prohibited Interests. Consultant maintains and warrants that it has not employed norretained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term ofthis 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 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 W!.JftREOF the parties have caused this Agreement to be executed as of ~-<:'-brucJ11{ ;Jv71- ,2006. CITY OF LAKE ELSINORE: 8 Agenda Item No. 14 Page 10 of 18 Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D - List of Subcontractors Agenda Item No. 14 Page 11 of 18 EXHIBIT "A" SCOPE OF SERVICES CITY OF LAKE ELSINORE Consultant shall perform the following tasks: I. DEFINITIONS As used in this Agreement, the following definitions shall be applicable: 1. Consultant. Consultant shall mean Bureau Veritas/Berryman & Henigar located at 11590 West Bernardo Court, Suite 100, San Diego, CA 92127. 2. City. City shall mean the City of Lake Elsinore, a municipal corporation, located at 130 South Main Street, Lake Elsinore, CA 92530. 3. City Council. City Council shall mean the City Council of the City of Lake Elsinore. 4. Services. Services shall mean the services to be performed by the Consultant pursuant to this Agreement. 5. Satisfactory. Satisfactory shall mean satisfactory to the City Manager of the City of Lake Elsinore or his/her designee. . II. PLAN CHECK SERVICES In checking of IMPROVEMENT PLANS, Consultant shall perform the following work for each project: There procedures may be modified as deemed necessary when mutually agreed upon. This does not include traffic signals, traffic signal facilities, signing and striping. 1. Upon initial receipt of a request for plan check, the City shall perform a preliminary review of the plans to ensure that complete plans are submitted before forwarding them to the Consultant. 2. The Consultant shall pick up plans for checking immediately from the Date of Notification by the City to do so. 3. From the time of pick-up of plans from the City to delivery back to the City, the Consultant shall complete each check within 10 working days. Large plan sets may require more time as agreed to by City. 4. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map. 5. Check hydrology and hydraulic calculations, and the design of any storm drain system. 6. Determine any diversions, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting from such drainage. 7. Determine requirements for any off-site easements and whether they have been obtained. Agenda Item No. 14 Page 12 of 18 8. Determine any encroachments on adjacent property. 9. Check stopping sight distance, horizontal radius, and vertical curves on streets as applicable. Check for street lights, paving sections and superelevation. 10. Determine that the plans as submitted are in confdrmance with the Municipal Codes and other applicable standards used by the City (Riverside County and Lake Elsinore Design Manuals). 11. Determine that the improvement plans are in conformance with the approved grading plan and final map, if applicable to the project. A copy of the grading plan and final map will be furnished with the improvement plans. 12. Determine the accuracy of the quantity calculations and the list of quantities. 13. Review plans for conformance with applicable City Codes, Lake Elsinore General Plan Standards, written policies, improvement plans, final map, and other adjacent improvement documents furnished by the City. 14. Provide up to four plan checks. If more plan checks are required, the City may collect additional fees. In checking of GRADING PLANS, Consultant shall perform the following: 1. Determine if the plans are in conformance with applicable conditions of approval and any approved tentative map. 2. Determine if the general format for the plan is in conformance with the City of Lake Elsinore requirements. 3. Compare the grading plan with the recommendations in the soils report provided and check that the specifications and details in the soils report are included in the plans. 4. Compare the grading plan with the grading shown on any tentative map. 5. Compare the grading plan with the improvement plans for the project. 6. Compare the grading plan with the approved environmental information. 7. Check for the following technical items: 1. Slope setback from property line per grading ordinance. 2. Identification of property and easement lines. 3. Amounts noted for excavation, fill and import or export (cubic yards). 4. Cut slope and fill slope ratios. 5. Existing contours. 6. Final grades shown by contours or spot elevations. 7. Location of cut and placement of fill (daylight and limit lines shown on the plan). 8. Typical lot drainage. 9. Typical berm or swale at the top of the fill. 10. Typical brow ditch. 11. Terrace drains. Agenda Item No. 14 Page 13 of 18 12. Percent of grade of streets and driveways, length of vertical curves. 13. Horizontal and vertical site distance; cross check this with improvement plans. 8. Check hydrology and hydraulic calculations, and the design of the drainage system. 9. Determine any diversions, concentrations or increases in drainage flow, and any potential for damage to off-site property resulting in such drainage. Check for adequate capacity of brow ditches and down drains. 10. Check for non-erosive velocities at point of discharge or adequate energy dissipation. 11. Review erosion control measures and check for conformance with applicable codes and the City's Erosion Control Standard Plan. 12. Review plans for conformance with applicable City Codes, Lake Elsinore General Plan Standards, written policies, improvement plans, final map, and other adjacent improvement documents furnished by the City. 13. Provide up to four plan checks. If more plan checks are required, the City may collect additional fees. In checking of FINAL MAPS, Consultant shall perform the following: 1. Check for compliance with Subdivisions Map Act, the Land Surveyors Act and City ordinances. 2. Determine that the map is in conformance with applicable conditions of approval and the approved tentative map. 3. Check that the format is in compliance with the City requirements. 4. Check Title Report and Subdivisions Guarantee, and verify that all easements are noted on the map, the legal description conforms with the map, and all parties required to sign the map have done so. 5. Check traverse closure for lots, blocks, and boundaries and easements for acceptable closures. 6. Provide up to four plan checks. If more plan checks are required, the City may collect additional fees III. OTHER SERVICES Consultant shall provide other services not described herein upon request of the City. These services may include but are not limited to initial plan review entitlement processing, design, construction contract administration, construction inspection, building safety, and infrastructure management. The performance of these services shall be compensated on a time-and- materials basis in accordance with the latest "Schedule of Hourly Rates" as detailed in Exhibit "B-1"or a fixed lump sum fee as mutually agreed upon prior to the start of work. The Schedule of Hourly Rates" is subject to annual adjustment. Agenda Item No. 14 Page 14 of 18 IV. STANDARD PROVISIONS Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the construction contractor's responsibility. Consultant shall not be responsible for the construction contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of the construction contractor, construction subcontractors, or their agents or employees, or of any other persons performing portions of the construction work. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the project, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. The review and approval of documents are for the limited purpose of checking for conformance with information given and the design concept shall not constitute approval of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs. Agenda Item No. 14 Page 15 of 18 Work Item Plan Check Services Improvement Plans Grading Plans Final Map Other Services EXHIBIT "B" FEE FOR PROFESSIONAL SERVICES CITY OF LAKE ELSINORE Method of Compensation 65% of City Fees 65% of City Fees 80% of City Fees Time and Materials basis in accordance with the latest "Schedule of Hourly Rates" as detailed in Exhibit "B-1" or a fixed lump fee as mutually agreed upon prior to the start of work. The "Schedule of Hourly Rates" is subject to annual adjustment. Agenda Item No. 14 Page 16 of 18 EXHmIT "B-1 n Schedule of Charges - San Diego Office January 3, 2006 through DfjJcember 31, 2006 Billing Title Hourly Billing Rates Sr. Associate $156 Associate $146 Sr. EnQineer $139 Enqineer V $134 Enqineer IV $124 Enqineer III $113 Engineer 1/ $98 Engineer I $88 Engineerinq Assistant $82 Designer II $108 Designer I $98 Plan Checker IV $129 Plan Checker III $118 Plan Checker II $108 Plan Checker I $98 Bcnyman "H<nlgar Billing Title Hourly Billing Rates Technician IV $77 Technician III $67 Technician II $57 Technician I $52 Senior Survey Analvst $118 Survey Analyst II $101 Survey Analvst I $87 Inspector $93 CADD Operator II $93 CADD Operator I $82 Word Processor III $86 WP II/ Contracts Splst. $68 Word Processor I $57 Professional Reimbursement The hourly billing rates include the cost of salaries of the B&H employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as "non-exempt" by the U.S. Department of Labor will be compensated at 1-1/2 times salary, as per state and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus twelve percent for items such as: a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. . b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for employee-owned vehicles used in connection with the work will be at the rate of $0.50 per mile. Other in-house charges for prints, reproductions and equipment use, etc. will be at standard company rates. .. The foregoing Schedule of Charges Is incorporated into the agreement for the services provided, effective January 3,2006 through December 31,2006, and will be adjusted thereafter. T:\LAKE ElSINORE\ContraclslBlxby Contracllnfo & formslBilling Rates 2006.doc Agenda Item No. 14 Page 17 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. , ~al dtUl.lX ~~ , Agenda Item No. 14 Page 18 of 18 CITY OF ~~ LAKE 6LSiNORJ; , I ~ DREAM ExtREME... REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22,2008 SUBJECT: PROFESSIONAL CONTRACT SERVICES WITH HARRIS AND ASSOCIATES FOR DEVELOPMENT PLAN CHECKING AND CONSTRUCTION INSPECTION ON AN ON-CALL BASIS Backaround The Engineering Division of the City of Lake Elsinore, as a part of the development services, is required to review private development projects for comments and compliance with City regulations, City Standards and the Subdivision Map Act. In order to maintain a high level of responsiveness, these services are contracted to Engineering firms that have the flexibility to provide a professional staff for a dynamic work load. Discussion Harris and Associates is an established engineering firm with the ability to provide staff for a variety of services. The City has contracted with this firm to perform: Engineering plan checking for improvement plans. grading plans and final map projects; and would like the opportunity to utilize their project review services as well. Harris and Associates has the ability to provide these services and supplement staffing for the level of work that the Engineering Division is currently experiencing. Harris and Associates has been providing plan check services to the City since 1998 and has the local knowledge and experience to provide a high level of service to the Division as well as the development community. This is the final year of a 3-year contract and staff will open the process to all interested parties in the 2009/2010 Fiscal Year. Agenda Item No. 15 Page 1 of 6 Professional Services Contract July 22, 2008 Page 2 Fiscal Impact There is no direct financial impact to the General Fund as the services being provided by Harris and Associates are either funded by developer's plan check fees or development Cost Recovery System accounts depending on the service being provided. Recommendation Approve the continuation of the Existing Agreement with Harris and Associates for development plan checking and construction inspection services. Prepared by: Ken A. Seumalo P Director of Public Works Robert A. Bradytl~ City Manager '~ Approved by: Attachment: Fee schedule of services Agenda Item No. 15 Page 2 of 6 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement"), dated for identification purposes only as of February 09, 2006, by and between the City of Lake Elsinore, a municipal corporation ("City") and Harris & Associates ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions desc~Ped herein. C. 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 of the City through its staff that it may provide 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 Schedwe 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 requests that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did ngt reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services perfoll)led inaccordance with the Scope of Services. Ci 1 Agenda Item No. 15 Page 3 of 6 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or tetmination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9. Independent Contractor. 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: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and (~) 3 Agenda Item No. 15 Page 4 of 6 either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. lll. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 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 of this 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:vn 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. iii.This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provi~ons of the policies shall not affect coverage provided to the City, its elected or. appointed officers, officials, employees, agents, or volunteers. /') I . '-_ /i vi. The insurance provided by this Policy shall not be suspended, voidedt canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. 5 Agenda Item No. 15 Page 5 of 6 \. On-Call Professional Services ~ Fees I V tD a o ::;a U The following rate table includes our proposed hourly rates, for the 2006 calendar year, to provide the wide range of services Harris & Associates is prepared to provide the City of Lake Elsinore. Although most services contemplated represent staff augmentation services at the indicated hourly rates, fees for either types of services would be as follows: .-'- Building" Safety Plan Check Services HarriS fees wobId be on a percentage basis as described. Project Dalsn Services Design projectS are proposed to be negotiated individually based on hourly reates, not to exceed a specified lump sum price for the established scope of work. . .........nstractlon Management Services Third-party construction management services would be provided on an individual negotiated cost proposal basis. Standard Hourly Rate Schedule Construction J Progran. Management lob Title Hourty Rate Project Director .... ............. ............. .................... ........... ..$200 Project Manager ............................. .................................$175 Senier .Construction Manager ......... .......... .......... ............$175 ConstrUction Manager ..... ...... ........................ ......... ........$150 Senior Resident Engineer ............. ...................................$150 Resident Engineer ...... ........... ................ ..................... ......$135 Construction Engineer................... ......................... ........$125 Scheduling Engineer ... .................... .................. ........... ...$125 Engineering Estimator............ ........ .......... ............... ..... ...$125 Senior Public Works Inspector...........................................$95 . Prevailing Rate Inspector ...................................................$95 C')1bli.c ~o~ Ins~or .....................................................$85 - Admmtstratlve AssIStant ................................ ....................$70 ~ :........... Al-rtlA Nt't 0.. .-- c: I Hams & Assodates Agenda Item No. 15 Page 6 of 6 CITY OF ~ LAKJ: ,6,LSiNOPJ: V DREAM EXTREME", REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22, 2008 SUBJECT: FRANKLIN STREET REHABILITATION AND STORM DRAIN IMPROVEMENTS - NOTICE OF COMPLETION Backaround In the fiscal year 2007-2008 Capital Improvement Program, the Lake Elsinore City Council directed staff to perform street repair and rehabilitation on Franklin Street. The budget for this project was $1,000,000 to repair the pavement and correct the drainage problem which appeared to be caused by underground springs. The project was awarded on September 25, 2007, to the firm of E.B.S. Inc. for the amount of $619,925. The project limits for this work were from Main Street to Avenue 6, a distance slightly over one mile. Discussion The bid to repair Franklin Street for $619,925 was below the engineer's estimate of $1,000,000 and the total project costs of $750,000, including design, construction, construction contingency, inspection, surveys, soil testing and administration. The remaining $250,000 was returned to Account No. 105. A single change order in the amount of $6,889.47 was processed for this project bringing the contract total, including this change order, to $626,814.47. Fiscal Impact A total of $750,000 was budgeted for project costs including all the construction support and project administration. Funding for this project is from Account No. 105, a combination various funds. The final project cost is $705,512.41. The remaining $44,487.59 will be returned in proportion to the corresponding funds. Agenda Item No. 16 Page 1 of 4 Notice of Completion July 22, 2008 Page 2 Recommendation Authorize the Mayor to execute the Notice of Completion and allow the City Clerk to file the Notice of Completion with the County of Riverside. Prepared by: David S. Solomon Project Engineer Ken A. Seumalo (J5 Director of Public Works Approved by: Robert A. Brady llft( City Manager lL!V Agenda Item No. 16 Page 2 of 4 Jj ~ LAKE ,6,LSiNORt: ... DREAM EXTREME City Of Lake Els' Inore 130 S. Main St Lake Elsinore, CA 92530 (951) 674-3124 www.lake-elsinore.org I' 1 - - --- Tt77 -,:::..-:,----- - -----:--- I r-" -:-----.'" FRANKLIN S - AVENUE 6 T~~ET OVERLAY PROJECT 10 N AIN STREET PROJECT N~~::~.: STR-0013 i ?-< L! : ~ Cl:l ~I me-' \ !; ..............' i l ! j 1 I -:J m_9 , i -- i .......~ n ___1...1 w+, Prepared B . L y. ake Elsinore GIS April, 2007 Data Sources' Rive'd . Cit rSI e County GIS A y of Lake EI . genda'tMeQl Slnore GIS I Lt:::fff Ney; 16 ...~; .i" City Clerk AND WHEN RECORDED MAIL TO City Clerk Cit of Lake Elsinore (Name) 130 S. Main Street (Street Address) Lake Elsinore, CA 9253 (City, State and Zip) Franklin Street SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER of the interest or estate below in the property hereinafter described. 2. The FULL NAME of the undersigned is City of Lake Elsinore 3. The FULL ADDRESS of the undersigned is 130 S. Main Street, Lake Elsinmre, CA 92530 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee, Street Right~of-Way, Franklin Street (If Other Than Fee, Strike "In Fee"and Insert, For Example, "Purchaser Under Contract of Purchase:' or "Lessee.") 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as CO-OWNERS are: NAMES ADDRESS N/A N/A N/A 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvement herein referred to: NAMES ADDRESS N/A N/A N/A 7. A work of improvement on the property hereinafter described was COMPLETED on (date) 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is E.B.S. Inc. Corona, CA (If no Contractor, Insert "None") between Main Street and Avenue 6 Lake. 6/30/2008 .9. 10. The street address of said property is The property on which said work of improvement was completed is in the City of County of Riverside , State of California, and is described as follows: Elsinore VERIFICATION (Signature of Owner Named in Paragraph 2) Daryl Hickman, Mayor I, the undersigned, say: I am, the Public Works Director ("President of", "Partner of", "Agent of", etc.) owner of the aforesaid interest in the property described above; I have read the foregoing notice and know the contents thereof, and the facts stated therein are true of my own knowledge. I declare under penalty of perjury under theLaws of the State of California that the foregoing is true and correct. Executed on , 19_ at Lake Elsinore , California. Agenda Item No. 16 Page 4 of 4 (Place Where Signed) (Personal Signature) CITY OF v~ LA~ ,6,LSiNORJ; V DREAM EXTREME", REPORT TO THE CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22, 2008 SUBJECT: 1-15/RAILROAD CANYON ROAD AND 1-15/SR-74 INTERCHANGE UPDATE Backaround The interchange improvement projects at 1-15/Railroad Canyon Road and 1-15/SR-74 were born from the need to improve the level of service at both locations. Staff has been working through the CAL TRANS project review process to develop an interchange configuration that is efficient at conveying traffic and minimizes the impacts to local property owners. There are four basic steps to this process; the projects study report, project report, environmental and construction documents. Once a problem area is identified, a project study report is developed. This report identifies all options including lane configurations, freeway ramp configurations, signal light needs and required local improvements. When projects are estimated to be $18,000,000 or more in construction cost, an interim step called value analysis is used. Value analysis a process intended to re-examine the alternatives produced in the study report to verify the benefit of and often reduces the number of alternatives offered in the study report. From this broad list of alternatives, a project report is developed by eliminating all but the most beneficial options. Benefit in this context means two things; first, . increasing the level of service to the traveling public by reducing delays and congestion and second, cost effectiveness. At the end of the project report, a preferred alternative is identified which leads into the next two steps of environmental document and construction documents. Developing the project report is the pivotal step in this process because it identifies the improvement alternative that will likely be constructed. As the alternative that will likely be built, this step is the most intense as far as studies and analysis and thus is the most time consuming. Agenda Item No. 17 Page 1 of 5 Railroad Canyon Road and SR-74 Update July 22, 2008 Page 2 Discussion 1-15/Railroad Canyon Road Interchange: This project is in the project report stage of the process and staff is continuing to work with CAL TRANS to complete the traffic analysis of the Franklin Avenue connection to 1- 15. Staff believes this alternative is the key to the congestion relief at Railroad Canyon. A new connection to the freeway system requires approval from the Federal Highway Administration (FHWA) and that approval requires extensive research and documentation. Currently, City and CAL TRANS staff are grinding through the numerous traffic studies required to justify the new interchange connection. After this round of reviews by CAL TRANS and corrections by City staff, the project design team will be ready to submit the documents to FHW A for an informal review. This preliminary review will help to work out any issues FHW A may have before the formal submittal. 1-15/SR-74: CAL TRANS and City staff are moving forward with the level of service analysis for the new interchange configuration. Thanks to some encouragement by the City Council, CAL TRANS has agreed to a modified interchange which reduces the need for bridge structures and reduces the right-of-way need. Both reductions result in a lower project cost. Additionally, at the July 9, 2008 RCTC meeting, the commission approved a $2 million dollar Measure "A" grant request towards the construction of street and freeway ramp widening at this interchange. The award was significant because it occurred ahead of the full Measure "A" program approval which will occur in September. Staff is advertising for construction bids on this project through mid-August and anticipates a Council Agenda item requesting award of the construction contract in late August or early September. The anticipated next steps are as follows: 1-15/Railroad Canyon Road: 1. Respond to the latest round of comments on the traffic study and determine the reduction in traffic at Railroad Canyon Road. 2. Evaluate improvement alternatives at Railroad Canyon Rd. 3. Meet with FHW A Representative for continued comments and guidance. (This step will be on an on-going basis.) 4. Complete Design, Environmental clearance and right-of-way acquisition. 5. Construct Project. Agenda Item No. 17 Page 2 of 5 Railroad Canyon Road and SR-74 Update July 22, 2008 Page 2 1-15/SR-74: 1. Present new alternative design to FHW A for concurrence. 2. City's consultant to conduct new traffic study to validate CAL TRANS in-house study. 3. Submit geometric drawings of new alternative for CAL TRANS review and approval. 4. Continue Environmental Clearance and Project Approval process based on the new alternative design. Recommendation Receive and file the report. Prepared by: Ken A. Seumalo ~ Director of Public Works Approved by: Robert A. Brady 1Jr/t.. City Manager W Attachment: Vicinity Maps Agenda Item No. 17 Page 3 of 5 . >-~ . ~~'~~:.Alt~~,.,. . . -= "'>" . . II 00 ~ ~ -?,.t.. <P :11 I ,______ J · II $1 111\V-V II ~ LAKE OLSiN.ORI: ~ DREAM EXTREME "N City Of lake Elsinore 130 S. Main SI. lake Elsinore, CA 92530 (951) 674-3124 www.lake-elsinore.org SR-74/1-15 INTERCHANGE INTERIM IMPROVEMENTS PROJECT 10 NUMBER: TRF-0012 PROJECT NUMBER: 4252 s"'" II ",<t-\) ~ JIll ~ ~ -?,.t.. <P II II JI II II II II . w+. JI . Prepared By: Lake Bsinore GIS April, 2007 II Data Sources: Riverside County GIS Agenda ~rt1-tNAI~~QI!.; a eplilr1eWel:l8 5 age 4 0 \ \ \ \ \ i \ II _---:.=.::0.::.----1 1- I lR' I , ,-,+-u ,- r---=S1Zf! E. ! ' OO.0:!li05 --;;-l-Md~ =- T{1:~.l__ J' I -----11 \ --~:::::::::.~-l t 1 ~ LAKJ: \6,LSiN.O~ ~ DREAM E,XTREME City Of Lake Elsinore 130 S. Main SI. Lake Elsinore, CA 92530 (951) 674-3124 www.lake-elsinore.org w+, , RAILROAD CANYON ROADII-15 PROJECT REPORT PROJECT 10 NUMBER: TRF-0011 PROJECT NUMBER: 4227 Prepared By: Lake Bsinore GIS April, 2007 Data Sources: Riverside County GIS Agenda ~~rtt~~:~l1 GIS Page 5 of 5 CITY OF .~ LAKE ,6,LSiNORb ~.~ DREAM E,XTREME... REPORT TO CITY COUNCIL FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER TO: DATE: JULY 22, 2008 SUBJECT: GENERAL PLAN UPDATE Discussion As I had reported to the Council previously, staff had expected to bring the General Plan Update back to the Planning Commission on July 15, 2008. As staff has proceeded to investigate the necessity and value of the numerous land use requests made by property owners and developers, staff also indentified areas that necessitated adjustments to the land use designations proposed on the Preferred Alternative. In addition, as we have accommodated certain requests, other land uses came into question due to topography, f100dway and environmental constraints, development proposals, circulation needs and existing land uses. This became more and more clear as staff continued on site inspections. Additionally, staff has had a number of follow up meetings with property owners wanting to either confirm land use changes or communicate their preferences. As such, significant property owners within the City have requested that the City consider and include land uses on property that currently have no existing entitlement. Albeit, Staff is continuing the process of determining which requests are warranted. Considering the depth and breadth of public involvement and their continued and growing satisfaction with this approach, staff anticipates that the General Plan Update should come back to the Planning Commission on August 19, 2008. These changes and adjustments will ultimately produce a high quality comprehensive General Plan. Recommendation Receive and File. Prepared by: Rolfe M. Preisendanz Director of Community Development~ Robert A. BradYl1rlX City Manager W Agenda Item No. 18 Page 1 of 1 Approved by: CITY OF ~ LAKE ,5,LSirtORf V DREAM EXTREME... REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22, 2008 SUBJECT: PURCHASE ORDER FOR CONTRACT PLAN CHECK SERVICES FOR FISCAL YEAR 2008/09 Backaround When new construction plans are submitted for Structural Plan Check, they must be reviewed to make sure they comply with all applicable codes and requirements. In order to expedite the Plan Check process, reduce cost and improve customer service, the City of Lake Elsinore contracts for these services through an outside agency. This provides for a more consistent and efficient approval process for the applicant. Discussion The City of Lake Elsinore currently has Professional Services contracts with four different agencies that can provide Plan Checking and Personnel services. Scott Fazekas and Associates has been the main provider of Plan Check services to the City of Lake Elsinore for the past twenty years. They are very familiar with our City requirements and are able to provide a professional and consistent service in a very timely fashion. Fiscal Impact There is no fiscal impact to the City of Lake Elsinore as all plan check fees are paid for by the applicant as part of their development process. The plan check agency receives a percentage (70%) of the plan check fees received by the City. Recommendation Authorize the City Manager to approve a Purchase Order in the amount of $150,000 for Scott Fazekas and Associates to provide plan check services for fiscal year 2008/09. Agenda Item No. 19 Page 1 of 2 This amount was budgeted for in the 2008/09 Building Division Professional Services account. Purchase Order July 22,2008 Page 2 Prepared by: Approved by: Robin K. Chipman ~~ Building and Safety Manager Robert A. Brady,()~ City Manager '14\V Agenda Item No. 19 Page 2 of 2 CITY OF .~ LAKE ,6,LSiNORf: ~~ DREAM EXTREME", REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: July 22, 2008 SUBJECT: PURCHASE OF CROSSROADS SOFTWARE COLLISION DATABASE AND AUTOMATED HANDHELD CITATION SYSTEMS USING SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT (SLESF) Recommended Action . Approve the purchase of Crossroads Software/Automated Collision Database System with GIS Collision Mapping Module. . Approve the purchase of nine Symbol MC35 Handheld citation instruments and printers. . Approve the exemption from the bid process for this sole source vendor, Crossroads Software. . Approve the expenditures in the amount of $50,386.63 to Crossroads Software from the Supplemental Law Enforcement Services Fund Grant (SLESF). Backaround The duties of the Lake Elsinore Police Department's Traffic Bureau consist of enforcement of the traffic laws upon the roadways and the investigation of traffic collisions. For the purpose of collision documentation, the Lake Elsinore Police Department documents collisions by hand after which the collision data is reported to the California Highway Patrol for statistical purposes. This system in its current form does not have up to date collision information with statistical data typically up to 2 years behind. Agenda Item No. 20 Page 1 of 4 REPORT TO CITY COUNCIL - CROSSROADS SOFTWARE PURCHASE July 22,2008 PAGE 2 With respect to traffic enforcement duties, all members of the Lake Elsinore Police Department use the NOTICE TO APPEAR citation form TR-130. This pre-printed form is filled out by the officer by hand, in ink prior to being issued to the violator. This is a multi-copy carbon form. These copies, upon the issuance of a citation, are for the violator, the court, the station and the issuing officer. The statistical data is manually inputted by clerical personnel and submitted to the court in a hard copy form. There is no system in place to track citations issued at various locations throughout the city to show areas in need of increased or directed enforcement. Without the ability to determine through statistical analysis where collisions are occurring, and where citations are being issued, traffic enforcement is conducted based on complaints from the public and the officer's knowledge of area. Discussion The Lake Elsinore Police Department, in addition to calls for service from the citizens of the City of Lake Elsinore, conducts traffic enforcement and collision investigations. The method of issuance of citations to violators is in the form of a pre-printed booklet of four copied citations. These booklets come with 25 citations each. The citation itself has approximately 48 separate lines or boxes that are filled out by the officer by hand at the time of its issuance. Officers assigned to the Traffic Bureau issue approximately 15-20 citations daily, going through approximately 4 citation booklets a week or between 16-20 booklets a month. The costs for citation booklets for fiscal year 2007 was $7,600.00. Upon completion of the officer's shift, the citations are reviewed by a supervisor before being submitted to the clerical division for statistical purposes and then delivered to the appropriate court of jurisdiction. Each citation must be manually entered into a database. This process is very time consuming and consumes a great deal of support time, including the time used to deliver the hard copy form to the courts. As an example, during the 2008 Click it or Ticket Campaign, the Lake Elsinore Police Department issued approximately 1,400 citations within a three week period. An additional copy of the citation is filed and retained within the clerical division for a determined length of time. During the months of October 2007 and January 2008, handheld citation units were utilized by the Lake Elsinore Police Traffic Bureau for testing and evaluation. Each unit was tested for a 30 day period and used by multiple officers within the Traffic Unit. The tests included the overall functionality of the unit as well as use of the direct link electronic transfer of the citations to the courts. Handheld units were provided by Crossroads Systems and Berendo Systems. Agenda Item No. 20 Page 2 of 4 REPORT TO CITY COUNCIL - CROSSROADS SOFTWARE PURCHASE July 22, 2008 PAGE 3 Both handheld units performed well in the field and were similar in nature and functionality. During this testing period however, only Crossroads Software was able to directly integrate with the Riverside County Court System. During the Berendo test period, a hard copy citation was required to be printed and delivered under the same circumstances as is with the current system in place. The citations issued using Crossroads Software were able to be directly up loaded to the courts for processing without the need of a hard copy. The citation was then stored electronically on the designated department computer. A check with the court found Berendo did not have a direct link authority with the courts itself, rendering it unable to electronically submit citations. For collision documentation, the Crossroads Software integrates a statistical database program within the system which maps the locations of collisions as well as the cause of the collision. With this information, enforcement efforts can be specifically targeted to those areas as well as consideration for additional efforts to reduce the potential for collisions. The Crossroads Software, due to its statistical capabilities, will greatly reduce the time needed by clerical staff to input this data as well as this data being readily available to the city's Engineering Division for the purpose of traffic safety. This data would assist in consideration for future traffic control signs or devices as well as roadway improvements, bicycle lane installation and crosswalk designations. Sole Source The Lake Elsinore Police Department is requesting an exemption for the bid process regarding the purchase of the Crossroads Hand Held Citation and Collision Database systems. Through the evaluation process, only Crossroads Systems was able to fully meet the necessary needs relating to on demand statistical data for use on both an enforcement standpoint as well as for the needs of the City Traffic Engineering Division. These needs included the direct up load of citations directly to the courts, creating a "paperless" system which reduces processing time by the clerical division as well as the storing of a hard copy citation. All citations issued via the Crossroads Software device are stored in a secured data file. All collision data is stored via data file maintained by Crossroads Systems and is able to be integrated with current city mapping to show areas of high collision rates for use of enforcement efforts and traffic control possibilities. There are no other systems on the market with these capabilities. Agenda Item No. 20 Page 3 of 4 REPORT TO CITY COUNCIL - CROSSROADS SOFTWARE PURCHASE July 22,2008 PAGE 4 Fiscal Impact $50,386.63 - For the purchase of the Crossroads Software Collision Database and Hand Held Citation Systems for the purpose of traffic enforcement and collision investigations. This system will include up to date statistical data related to traffic collisions and enforcement efforts for use by the Lake Elsinore Police Department as well as the City of Lake Elsinore Traffic Engineering Division. The costs related to the purchase of this system and related equipment will be paid through the Supplemental Law Enforcement Services Fund Grant (SLESF) Recommendations . Approve the purchase of Crossroads Software/Automated Collision Database System with GIS Collision Mapping Module. . Approve the purchase of nine Symbol MC35 Handheld citation instruments and printers. . Approve the exemption from the bid process for this sole source vendor, Crossroads Software. . Approve the expenditures in the amount of $50,386.63 to Crossroads Software from the Supplemental Law Enforcement Services Fund Grant (SLESF). Prepared by: Reviewed by: Ronald Heim Sergeant ( Approved by: Agenda Item No. 20 Page 4 of 4 .. LAIU: LSINORt \ .. I ~ DREAME,XTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22, 2008 SUBJECT: APPEAL DECISION OF THE NUISANCE ABATEMENT BOARD DECLARING THE PROPERTY LOCATED AT 606 EAST MINTHORN STREET. Backaround The property at 606 East Minthorn has a history of violations and has been the focus of Code Enforcement issues and numerous hours of staff time dating back to 2000. The property has been taken before the Nuisance Abatement Board on two prior occasions for similar misuse of the property, once in November of 2001, where extensions of time were granted to correct and remove violations, and again in September of 2005, where the property was declared a nuisance. In February of 2008, this property was again found to be in violation of City Ordinances and Zoning Codes. The occupant of the property, Mr.Rotellini, was cooperative and some progress was achieved; however; the property was eventually taken before the Nuisance Abatement Board on June 17, 2008, for failure to comply. The Nuisance Abatement Board motioned and voted unanimously to declare the property at 606 East Minthorn Street a Public Nuisance. The decision of the Nuisance Abatement Board was based on evidence provided by Code Enforcement Officer Donna Burks, and a visual inspection of the property by the Nuisance Abatement Board members. Staff reports and other documentation relevant to the subject property are included for Council's review. Agenda Item No. 21 Page 1 of 17 Appeal July 22, 2008 Page 2 Discussion On March 28, 2005, Mr. Rotellini obtained an "Out of City" Business license for "All the Way Hauling" using the address of 606 Minthorn as the Business address. This type of Business License is issued to out of town contractors that do work in the City, but do not have their business located in the City. During the Nuisance Hearing on June 17, 2008, Mr. Rotellini was informed that this property is not zoned for commercial use and is only approved as a residential property. This restricts Mr. Rotellini's use of the property and his ability to store his equipment there. (Please see reference e-mail by Planning Manager Tom Weiner dated July 11, 2008, Attachment #5.) Mr. Rotellini claims that the Business License that was issued to him at this address allows him the use of the property in a commercial capacity, and he would like to continue to be able to operate his hauling business at this address. Mr. Rotellini claims that since he does not have any neighbors near his residence he should be allowed to use the property for his business. Mr. Rotellini was also the occupant of this property when it was declared a Nuisance in 2005 for the same basic violations and is aware of the City's Zoning Code prohibiting the use of this property in a commercial capacity. On June 26, 2008, Mr. Rotellini requested to appeal (attached) the Declaration of Nuisance determination (attached) made on June 17, 2008, which is why this matter is now before the City Council. Fiscal Impact There will be no fiscal impact to the City. Recommendation Deny the appeal and uphold the decision of the Nuisance Abatement Board to declare this property a nuisance. Reviewed by: Robin Chipman ?p' Building & Safety Manager Robert A. Brady ,oat City Manager lJL1V Approved by: Agenda Item No. 21 Page 2 of 17 Appeal July 22, 2008 Page 3 ATTACHMENTS 1. Letter requesting Appeal of Nuisance Abatement Board 2. Notice of Hearing I November 2001 3. Excerpt of Minutes from 2005 Nuisance Hearing 4. Staff Report I 2008 Nuisance Hearing 5. E-mail from Tom Weiner regarding Zoning 6. Copy of Business License issued in 2005 Agenda Item No. 21 Page 3 of 17 - For Official Use Only Date ReceiveZ-C=--aL ~(~ r'~ ~eceived By: c..o - df..o -, CJB Date Fee Paid: (0 -2(0- (~ CITY OF ~ LAKE 6LSil'iOR& '~, ~~ DREAM E;(TREME... City Clerk's Office 130 S. Main Street, Lake Elsinore, CA (951) 674-3124, Ext. 269 APPEAL OF NUISANCE ABATEMENT BOARD FORM ~ Policv 100-8: The purpose of this Policy is to provide a standardized procedure for consideration of appeals from Nuisance Abatement Board decisions. Within 15 days of a Nuisance Abatement Board decision, any person may appeal a decision to the City Council by filing this form and submitting a $200 fee. A copy of this policy is attached with further important information. Applicant Information Name: ,)v/1,v C. ;CoTlZlL/~ r Mailing Address: LJ / {(;) S- E Lf/I Jr . ~ "- City: M V f? K'I cTfJ f Phone No.: 909 9/0 #~o9 Date: b'".. c:2 (- of -It ,;200 State: C /l- Fax No.: 9 Sf Zip Code: ~ d rs- t' :2 t'7'7 1~5~ Subject of Appeal: PJ V I J')1!,/ ICIZ Ifhf:!/c MEfJT Project No.(s): e~tt Applicant: U V /J f'/ e R 0 TJE L t. I ~ / Project Location: {o {; CI1.s / f"t I ';[/7 0 R r' t It I!/i ,c WI;' OfCk C I? <:3.2 5"J . Date of Nuisance Abatement Board Action: cT Uf/ ~ /7 ,J2 (!}(J t? I, the undersigned, hereby appeal the above action of approval/denial by the Lake Elsinore Nuisance Abatement Board, for the following reasons: (Please cite specific action being appealed.) Attach additional pages as needed. , :7 f}()fvIT I1-GIPEf' t,v/TI..J 'r/lff fJlic/S/o~ ({) r ritE CO/JE ffJFoiCCf;vLel-"J f}- 6E}/ r c71M COf'/Ouc7 \ 6> !lUJJ/~kJ (pr' f-'t7 ~/Co(lH[T7 /"oj[ [ilk ((NT 1" !It'll )' wIlEr Tlfli cIT~ 0;= iltlC/f iii J'/rof{/i cOlje/ff jl/l E " ....... r ft buJJIJ'VEJJ IICE,-J'!;.. t=lJuf YbfJl2J lit-rEf( 1!fty SIl-I/J6 signatur.e.;.-,,--~-, ' i 0 fv6 1/ 'A ic& N .21 :::.-:: ..w_ ,-,.'''-'''' .. - ---- Pa e of 17 ('I" P/t::/Irr t:t1./7 M fi A r-fJllJfV1:.h Tn /J- J:lJ.fJO JJF/lP, AJ?:. To whom it may concern, I, Juan Carlos Rotellini, appeal the motion made on June 17, 2008 by the Nuisance Abatement Board to declare the property located at 606 E. Minthorn Ave., Lake Elsinore, CA 92532 a public nuisance. I request a hearing in front of the City Council of the City of Lake Elsinore to hear my case regarding this issue. Notice of my hearing can be sent by mail to the following address: J.C. Rotellini 41605 Elm Street #204 Murrieta, CA 92562-7082 C 909.910.8009 /==s /..... ,_~'-I_.___._. ~lli;;;;(~~..~..~ ?~?og Date Agenda Item No. 21 Page 6 of 17 November 1, 2001 Brandi Somers 230 East 17th Street, #204 Costa Mesa, CA 92627-3857 Re: 606 Minthom, Lake Elsinore NOTICE OF HEARING ABATEMENT OF NUISANCE A Hearing has been scheduled with the Nuisance Abatement Committee to review certain conditions that exist on your property that may constitute a public nuisance as described by Lake Elsinore Municipal Code Section 8.18, Nuisance Abatement. The conditions and correction requirements are detailed in the attached Notice of Violation. If the conditions are corrected within seven (7) days of the hearing, your case may be dismissed. If it is determined that your property constitutes a public nuisance, the City may take abatement action and the costs of such abatement, including an administration charge, will be assessed against the property and placed on the annual County Tax bill. The hearing will be held on November 14, 2001 at 9:00 a.m. at the Lake Elsinore City Hall, 130 South Main Street, Lake Elsinore If you have any questions, please contact the Code Enforcement office. CITY OF LAKE ELSINORE Larry Russell Building and Safety Manager Certified Mail #7001 11400001 6721 1136 Nuisance Case Number: 1137 Agenda Item No. 21 Page 7 of 17 MINUTES NUISANCE ABATEMENT HEARING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY,SEPTEMBER 20,2005 =.=.=.**=.=.**=.*=.*=.**=.*=.=.=.*=.*=.=.**=.*=.=.=.=.:.*=.=.*=.=.**=.=.*=.=.**=.**=.=.****=.*=.=.*** CALL TO ORDER The regular Nuisance Abatement Hearing was called to order by Building and Safety/Code Enforcement Manager Chipman, at 5:00 p.m. ROLL CALL PRESENT: BOARD MEMBERS: WATTS ABSENT: FAGAN Also present were: Building & Safety/Code Enforcement Manager Chipman, Senior Planner Matt Hams in as a replacement, Office Specialist Staley and Senior Code Enforcement Officer Gordon. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Loraine Watts. PUBLIC COMMENTS None. CONSENT CALENDAR 1. The following Minutes are Pending: A. Nuisance Abatement Meeting - August 16,2005. MOVED BY WATTS, SECONDED BY CODE ENFORCEMENT MANAGER CHIPMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO MAINT AIN ST A TUS OF AUGUST 16, 2005 MINUTES AS PENDING. Agenda Item No. 21 Page 8 of 17 PAGE 2 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 20, 2005 PUBLIC HEARINGS 1. 17401 Baker Street Board Member Watts asked Senior Code Enforcement Officer Gordon to gIve an overview of the property. Senior Code Enforcement Officer Gordon indicated that the property involves a single family house on Baker Street. Senior Code Enforcement Officer Gordon indicated that the location is a rather rural road across from the Lake Elsinore Outlet Center. Senior Code Enforcement Officer Gordon stated that the owner of the property made arrangement to rent out a portion of the property that was not inside the fence line of his tenant to an individual who was raising nursery plants. Senior Code Enforcement Officer Gordon indicated that the individual was also occupying a travel trailer on the property so that he could tend to his plants. Senior Code Enforcement Officer Gordon indicated that while it was not open to the public, it was not an allowable use on that property, nor were there any type of licensing or any other types of regulations applied to that use. The owner was notified that the Nursery operation had to vacate his property. Senior Code Enforcement Officer Gordon stated that an inspection was conducted and the plants were gone as well the travel trailer. Senior Code Enforcement Officer Gordon recommended that the property be dismissed at this time. MOVED BY CHIPMAN, SECONDED BY HARRIS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DISMISS THE CASE AT 17401 BAKER STREET. 2. 606 Minthom Street Board Member Watts asked Senior Code Enforcement Officer Gordon to gIve an overview of the property. Senior Code Enforcement Officer Gordon indicated that this was a single family property in a very rural area. Senior Code Enforcement Officer Gordon indicated that this was not the first time Code Enforcement has had to take action on this property. Senior Code Enforcement Officer Gordon stated that this property was operating a car repair business that has continued to grow in size. Senior Code Enforcement Officer Gordon indicated that the owner is also using part of the property to advertise commercial vehicles and other types of construction equipment for sale. Senior Code Enforcement Officer Gordon indicated that the property owner was notified that all commercial operation was to be removed from the property and that the property was to be returned back to the residential property that it is currently zoned for. Agenda Item No. 21 Page 9 of 17 PAGE 3 - NUISANCE ABATEMENT MINUTES - SEPTEMBER 20, 2005 Senior O:>de Enforcement Officer Gordon stated that after an inspection was conducted, it appeared that no changes have occurred. Senior O:>de Enforcement Officer Gordon recommended that the property be declared a nuisance at this time. Building & Safety/O:>de Enforcement Manager Chipman indicated that he had conducted an inspection of the property and agreed that the property should be declared a nuisance Senior Planner Harris stated that he had also conducted a field inspection of the property and stated that the pictures don't do the property justice, that the property is much worse than the pictures indicate. Senior Planner Harris also indicated that the property be declared a nuisance. MOVED BY WATTS, SECONDED BY CHIPMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY AT 606MINTHORN STREET A NUISANCE. 3. 1411 W. Pottery Street Board Member Watts asked Senior O:>de Enforcement Officer Gordon to gIve an overview of the property. Senior O:>de Enforcement Gordon indicated that this was a case that involved the installation of a manufactured home on a vacant lot near Chaney and Pottery Streets. Officer Gordon indicated that Engineering and Planning releases were sent on July 8, 2005, however there has not been complete approval for the actual construction and installation of the manufactured home. Senior O:>de Enforcement Officer Gordon indicated that a Notice of Violation was issued to the property owner to remove the manufactured home from the property pending final approval for the home. Senior O:>de Enforcement Officer Gordon indicated that the attorney for the property owner was present. Attorney Robert Rosenstein introduced himself as representing the property owner at 1411 W. Pottery Street. Attorney Rosenstein requested a thirty day extension on the case. Attorney Rosenstein indicated that they were attempting to work with the City to resolve the issue. Attorney Rosenstein stated that his partner would arrive with documents that show proof that the septic tank had been approved and all other items that were discussed while at the city recently. Attorney Rosenstein stated that they were just waiting for final approval. Attorney Rosenstein indicated that the home had not been actually installed, that it is just sitting on the property without any construction. Attorney Rosenstein indicated that it was a misunderstanding on whether it could be stored or not on the property. Attorney Rosenstein stated that he and his client apologize for the misunderstanding. Attorney Rosenstein indicated that they are putting four different units on four different properties that are all identical and all four properties are going through Agenda Item No. 21 Page 10 of 17 CITY OF ~ LAI(f: ~LsiN.ORJ; AGENDA ITEM NO. CITY OF LAKE ELSINORE NUISANCE ABATEMENT BOARD STAFF REPORT NUISANCE ABATEMENT CASE NO: 08-438 NUISANCE ABATEMENT HEARING DATE: June 17,2008 CODE ENFORCEMENT OFFICER: Donna Burks PROPERTY ADDRESS: 606 E. Minthorn Street PROPERTY OWNER: Brandi Somers; CIO Juan Carlos Rotellini OCCUPANT: Occupied OTHER INTERESTED PARTY: Juan Carlos Rotellini ASSESSOR'S PARCEL NUMBER: 377 -340-020 LEGAL DESCRIPTION: 2.20 Acres MIL in POR SE % of SE 5 T6s R4W VIOLATION OF MUNICIPAL CODES: 8.18.020 (A)(1 0,11,8,6,17,22,21,23,24. 8.16.270: Trash Collection 9.52.070: Graffiti 17.66.140 (B): Vehicles on lawn 8.36.110: Inoperable Vehicle (s) Section 8.18.020 of the Lake Elsinore Municipal Code (LEMC) pertaining to the City's Property Maintenance Ordinance regulating conditions constituting a public nuisance. It is alleged that there exists..... Several inoperative vehicles and Cargo bins parked on dirt Agenda Item No. 21 Page 11 of 17 Case # 08-438 Page 2 Date of Hearing: June 17, 2008 or driveway area. Miscellaneous construction equipment, tools, car parts, tires, vending machines, furniture, and appliances, with wood and metal products. Oil and gas containers in front of home. There is miscellaneous trash and debris around entire property including side and rear yards. Lack of Landscaping with dead vegetation along front and side or rear yards. Graffiti is on cargo bins located at front entrance with broken and dilapidated fencing along side and rear yards. Illegal storage of watercraft on front and side yard. Overall clean up of miscellaneous excessive junk, trash and debris from said property. Obtain trash disposal services for home or business. Agenda Item No. 21 Page 12 of 17 Case # 08-438 Page 3 Date afHearing: June 17,2008 ANALYSIS: Description of Violation: Section 8.32.030 of the LEMC sets forth the criteria, which is used in determining the existence of a public nuisance. Upon the first inspection conducted on February 28, 2008 the property was found to be in violation of LEMC Section 8.18.020 as follows: 8.18.020 Declaration of Nuisance. A. Each of the following conditions is hereby declared to constitute a public nuisance, and whenever the Hearing Officer or Planning Commission determines that any of such conditions exist upon any premises they may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property: A (10) & (11) Items, furniture appliances, fixtures, machinery, construction equipment or supplies, etc.) Stored and visible from public street, alley or adjoin property. (8) Remove all Trash and Debris from your property. Dispose of trash and debris in appropriate containers or take to a disposal facility. (6) Defective, deteriorated or unsightly building exteriors, wall, fences, walkway, or driveways. Repair deteriorated building exteriors and/or repaint. Damaged fencing to be repaired or completely removed. (17)(21)& (22): Overgrown weeds and/or trees. Remove dead vegetation. Lack of Landscaping. Install, replace and maintain in a living condition plant material to improve appearance and reduce dust. In front, side and rear yard. (23) & (24) Storage of watercraft or camper shell in required front yard on unapproved parking surface or in side or rear yard. Store in rear or side yard behind six foot solid fence/wall on an operable licensed trailer/vehicle or remove from premises. All boats, trailer on side, rear and front yards. 8.16.270: Trash collection service is mandatory for all residences and businesses. Please contact CR&R Disposal. 9.52.070: Graffiti: Remove graffiti from public view. Keep buildings, walls, fences free Agenda Item No. 21 Page 13 of 17 Case # 08-438 Page 4 Date of Hearing: June 17, 2008 of graffiti on a regular basis. 17.66.140 (B) Vehicle (s) or trailer (s) parked on lawn or dirt area. Park on paved driveway or in garage. Immediately 8.36.110: Inoperable Vehicle (s) or parts in public view. Expired registration, mechanical deficiencies, etc.) Store inside a garage, make operable or remove from property. Non Op vehicles can not be stored on driveway. Agenda Item No. 21 Page 14 of 17 Current condition of property: Staff conducted an inspection on June 5, 2008. To date, the violations have not been addressed. CASE SUMMARY: Over all clean up of said property needs to be completed. LETTERS \ NOTICE Feb 28, 2008 ( Notice of Violation) Feb 28, 2008. (Mailed Notice of Violation) March 6, 2008. (Notice Returned "Unable to Forward") March 12, 2008( Delivered Notice of Violation/Posted after"Unable to Forward") April 11 , 2008 (Posted: Warning Notice) April 28, 2008 ( Mail out Citation # 9498: $ 1,750.00 April 30, 2008. (Received signed cert card Re: cite #9498) April 30, 2008. Mailed (Notice of Hearing) Regular/Certified Mail May 5, 2008. (Rec'd signed Cert card Re: Notice of Hearing) June 5, 2008 (posted NOV from haz-mat, and deputy D.A.) June 10,2007 (hearing letter mailed for 30 day follow up) INSPECTION DATES February 28, 2008 March 1,2008 March 3,2008 (Shawn) March 12, 2008 April 11, 2008 April 25, 2008 May 13, 2008 May 28, 2008( itemized list) June 5, 2008 (Haz-Mat and D.A. inspectors assisted) Agenda Item No. 21 Page 15 of 17 Donna Burks From: Sent: To: Subject: Tom Weiner Friday, July 11, 2008 1 :45 PM Donna Burks 606 East Minthorn Planning Staff met with the property owner on June 23, 2008 in order to discuss conditions on the property. The applicant was advised that storing of vehicles (in this case semi trucks), debris, containers, etc. was not allowed on his property which is located in a residential zone. Planning staff further explained that a home occupation license could be issued in order to use his residence as a business/mailing address, however outdoor storage of materials and storing multiple semi-trucks was not allowed. Tom Weiner Planning Manager City of Lake Elsinore Community Development Department 130 S. Main Street Lake Elsinore, CA 92530 951.674.3124 ext. 270 951.471.1419 (fax) 1 Agenda Item No. 21 Page 16 of 1 7 CITY OF .~ LAKE ,6,LSiNORf ~.~ DREAM EXTREME... REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22,2008 SUBJECT: CONSIDERATION OF TWO (2) APPEALS OF 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 AREAS OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) Backaround At a regularly scheduled City Council Meeting on June 10, 2008, the City Council received testimony from the applicant as well as the two appellants regarding the request for live entertainment (live music, dancing, and OJ) from the Trevi facility as well as the conditions of approval that were in question. Those conditions, which were modified by the Planning Commission on May 6, 2008, are as follows: 17. This approval shall bo limited to live entort3inmont in conjunction with pri'.'3to partios 3nd b3nquets only. Deleted by Planning Commission 5/6/08 18. Night clubs, discothoquos, music/comedy concorts, 3nd similar typos of uses aro prohibitod in all 3roas of tho proporty. Deleted by Planning Commission 5/6/08 29. No admission chargo or cover charge shall bo roquirod for any portion of tho facility. At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. Modified by Planning Commission 5/6/08 The City Council continued this item and directed staff to provide more information related to: (1) the approval of the Elks portion of the facility, (2) specificity as to what areas were being proposed for live entertainment, and (3) compliance with existing conditions of approval under CUP 2007-01. The aforementioned is discussed in this report. Staff has also included information relative to events that have taken place since the June 10, 2008, City Council meeting. Agenda Item No. 22 Page 1 of 128 CUP No. 2008-09 July 22, 2008 Page 2 The following matrix reflects Planning Commission and City Council actions regarding Trevi operations dating back to March 2007. May 6, 2008 CUP No. 2007-01 for a video arcade, outdoor dining area, and on-premise alcohol sales. CUP 2008-01 for live music, dancing, and entertainment Planning Commission Approved March 7, 2008 Planning Commission Approved with modified conditions of a roval June 10, 2008 July 22, 2008 Appeal of CUP 2008-01 Appeal of CUP 2008-01 {continued hearin City Council Continued City Council N/A Discussion For ease of discussion, Figure 1 below, which reflects existing and proposed uses, has been included for reference. figure 1 Sports Bar Elks l.... L .... ~L.aOIIIl ~Lj<,N f2> I Agenda Item No. 22 Page 2 of 128 CUP No. 2008-09 July 22, 2008 Page 3 Elks Area of Trevi Facilitv On December 3, 2007, a business license was issued to the Lake Elsinore Elks Lodge to operate from the subject location. The section of the building used by the Elks (as reflected in figure 1 on page 2 of this report), had been used for one of two arcade areas within the facility. The arcade area was removed to accommodate the Elks operation. Modifications to the area used by the Elks required Building Division approval. As such, floor plan changes to the Elks area were incorporated into the tenant improvement building plans for the restaurant/Illusions portion of the building. Initially, the restaurant/Illusions area did not pass inspection due to issues with fire sprinklers, exiting, electrical, and plumbing work. These issues were mainly due to this portion of the building being constructed without Building Division approvals or inspections. Although the entire tenant improvement (mainly the restaurant/Illusions area) was not completed, occupancy of the Elks section was allowed on February 22, 2008. This area had minor alterations, which were inspected and approved. The outcome of CUP 2008- 03 has no bearing on the Elks Lodge operation. Compliance with Conditions of Approval for CUP 2007-01 CUP 2007-01 was approved in March 2007. This CUP allowed for the establishment of video arcade areas, an outdoor dining area, and on-premise alcohol sales from the location. At the June 10, 2008 public hearing, the City Council inquired as to what conditions of the original CUP had or had not been met. As of the writing of this report, the following conditions of approval under CUP 2007-01 have not been met: . Multiple wall signs were installed without approval. The applicant was advised to submit a sign program application on several occasions (most recently on June 27,2008 and July 14, 2008). · Outdoor storage at the rear of the property remains. However, improvement has been noted in that an inoperative vehicle, storage containers, and some construction materials have been recently removed. · Landscaping problems persist along Mission Trail (bare slopes). Landscape material in planter areas within the parking lot is not thriving due to lack of irrigation. This area was only recently given attention with weed and trash removal. Staff is working with the applicant and the property owner in order to address the ongoing landscape issues at the site. . Graffiti on parking lot lights, utility boxes, and planter curbs not removed. Agenda Item No. 22 Page 3 of 128 CUP No. 2008-09 July 22, 2008 Page 4 · Active monitoring of surveillance equipment at all times has not occurred. The applicant, in recent discussions with the Chief of Police, has indicated that monitoring was only necessary after 5 pm. Staff advised the applicant that a solution to this is necessary in order to have an appropriate schedule for video monitoring. · On June 22, 2008, a DJ area was set up in the sports bar section of the facility for a public event that attracted approximately 300-400 people. The applicant cleared this area immediately when asked to do so by City staff and indicated that he was not clear as to whether this area could be used for live entertainment. A complete listing of conditions of approval for CUP 2007-01 and their status (Attachment 3) as well as recent photographs of the site (Attachment 2) have been included for reference. Areas Proposed for Live Entertainment Based on the submitted floor plan, there are three (3) areas of the facility where live music, dancing, and/or DJ uses are proposed. The Elks area, the restaurant/Illusions area, and the sports bar area, which are all identified in Figure 1. Initially, it was not clear if the applicant's request for live entertainment uses included areas other than the existing Elks section and the restaurant/Illusions section. Staff requested in writing (Attachment 5) that the applicant specify the type and location(s) where live entertainment was being proposed, as this information was not provided on the submitted CUP application. While meeting with staff, the applicant indicated that the existing sports bar area was a section of the facility where he was desirous of having a DJ area. A notation identifying the aforementioned is reflected on the floor plans. On July 14, 2008, Community Development staff, Mayor Daryl Hickman, City Manager Bob Brady, and Chief of Police Louis Fetherolf met with the applicant in order to discuss conditions of approval, property maintenance of the site, and possible additional conditions related to security and operations of live entertainment (specifically, a night club type use). Based on the discussion in this meeting, including clarification from the applicant regarding operational characteristics for the facility, the Chief of Police recommended additional conditions of approval which was later memorialized in memo form (Attachment 1). The Chief of Police indicated that if the City Council upholds the Planning Commission's decision to approve the live entertainment use, his recommended conditions should be included. Some of the conditions outlined in the Police Chiefs memo include the following: 1. Modify the existing condition of approval related to video surveillance in that surveillance cameras would be monitored from 5pm to close as opposed to during all hours of operation. Agenda Item No. 22 Page 4 of 128 CUP No. 2008-09 July 22,2008 Page 5 2. Maintain an adequate number of adult security employees on duty at all times during business hours, dedicated to the safety and security function with no less than two (2) clearly identified qualified security officers per 100 persons occupying (or anticipated to occupy) the rooms/areas where alcohol is served or where there are special events open to the public (including private parties, OJ/live music, dances, etc. and two (2) security personnel dedicated to the exterior of the facility (parking lot, patios, etc.) to insure pedestrian and vehicle safety /security from 5pm until closing each business day. 3. Security staff shall be increased as directed by the Chief of Police in the event existing security arrangements prove to be inadequate as determined by the Chief of Police. 4. Prohibition of live dancers, fashion shows, lingerie or any other modeling events to occur in conjunction with any event at the site. At the City Council meeting of June 10, 2008, other possible conditions of approval were presented during City Council discussion. They are as follows: 1. Only private parties are permitted, with the exception of functions conducted by recognized non-profit social service agencies. 2. No leasing of any area of the facility to outside promoters. 3. No outside acts to perform (OJ OK). 4. One security staff per 2,000 square feet of floor space for any function and two (2) security staff outside. 5. All security personnel and certifications to be approved by Lake Elsinore Police (Riverside Sheriff Department) 6. No admission or cover charge shall be required. 7. No "all-age" functions to be allowed. 8. No persons are allowed to loiter behind the building (except on duty employees). Recommendation Consider the appeal(s) and either 1. Uphold the Planning Commission's decision to approve Conditional Use Permit No. 2008-09 as originally approved; or Agenda Item No. 22 Page 5 of 128 CUP No. 2008-09 July 22, 2008 Page 6 2. Uphold the Planning Commission's decision to approve Conditional Use Permit No. 2008-09 with additional conditions of approval presented herein; or 3. Overturn the Planning Commission's decision and deny Conditional Use Permit No. 2008-09. Prepared by: Tom Weiner ~ Planning Manager Robert A. BradyJ1Ml City Manager '\lllV Approved by: Attachments; 1. Letter from Chief of Police regarding consideration of additional Conditions of Approval dated July 16, 2008. 2. Photographs of the subject property taken on July 14 and July 15, 2008. 3. Conditions of approval for CUP 2007-01 and current status. 4. Conditions of Approval for CUP 2008-09 (modified 5/6/08). 5. Completeness letter from staff requesting clarification of proposed live entertainment area(s) dated March 4,2008. 6. City Council staff report of June 10, 2008 and attachments (including Planning Commission Staff Report, Resolutions, and Exhibits from the May 6, 2008 Meeting). 7. Floor Plan Agenda Item No. 22 Page 6 of 128 Attachment 1 CITY OF AA LAKE ,6, LSiNOR!: ~ POLICE .m DEPARTMENT MEMORANDUM Date: July 16, 2008 To: City Manager, Bob Brady Mayor and City Council I I~/ .\ f (o~!\ From: Louis Fetherolf, Chief of Police / 1\11 J Subject: Appeal of Planning CommissYon Action 5/6/08 - Trevi Lanes CUP BACKGROUND In a previous communique (dated May 21,2008) I set forth some of my concerns about the recent Planning Commission Action removing certain restrictions from the Conditional Use Permit (CUP) conditions submitted by the Planning Depart- ment for the Trevi Center. The Planning Commission action approved the CUP for Trevi Entertainment Center to use the facility for night club/discotheque, mu- sic-comedy concerts, or other similar types of uses on the premises. Pursuant to the subsequent City Council meeting discussion on May 20th the City Manager coordinated a meeting with the principal parties involved to discuss the future of the Trevi Entertainment Center business venue within the City. On Monday, July 14th at 2 PM, the above meeting transpired. In attendance at the meeting were Mayor Hickman, Phil Williams, Michel Knight, City Manager Bob Brady, Community Development Director, Rolf Preisendanz, Building and Safety Manager, Robin Chipman, Planning Manager, Tom Weiner, and myself. We dis- cussed the foregoing problems encountered at the Trevi Center, addressed the conditions of the first Conditional Use Permit which were yet to be completed, and then laid out the requirements for the Center to operate successfully in the future. I still have the concerns I expressed previously about the Trevi Entertainment Center changing from what was originally advertised as having a family-centered LAKE ELSINORE POLICE & SHERIFF'S STATION 333 LIMITED AVENUE LAKE ELSINORE, CA 92530 WWW,RIVERSIDESHERIFEORG 951.245.3330 Agenda Item No. 22 Page 7 of 128 focus to an adult night club environment.. .and the increased drain on police re- sources such businesses create. My recommendation to the City Council is that the facility remain a family-centered center with limited accommodations for pri- vate parties, banquets, etc., in the adult-centered portions of the business. Having said that, if the City Council approves the adult entertainment focus and allows live music, private and open-to-the-public adult parties/entertainment, etc., then I would strongly recommend the following conditions be required in the con- ditional Use Permit in addition to the previously issued Revised General Condi- tions set forth in CUP 2008-09 as follows: 1. All existing security cameras are to be continuously and actively monitored by dedicated security personnel during business hours between 5 PM until closing every business day; and 2. The owner of Trevi will maintain an adequate number of trained, adult se- curity employees on duty at all times during business hours, dedicated to the safety and security function with no less than two (2) clearly identified trained security officers per 100 persons occupying (or anticipated to oc- cupy) the interior rooms/areas where alcohol is served or where there are special events open to the public (including private parties, OJ/live music, dances, etc.) from 5 PM until closing each business day, and two (2) secu- rity personnel dedicated to the exterior of the facility (parking lot, patios, etc.) to insure pedestrian and vehicle safety/security from 5 PM until clos- ing each business day; and 3. Security staff shall be increased as directed by the Chief of Police in the event existing security arrangements prove to be inadequate as deter- mined by the Chief of Police, and 4. Trevi management will immediately alert law enforcement when there are any violations of law or unruly behavior occurring on premises, and 5. Trevi will not allow any events to result in the over population of rooms/areas as defined in the maximum occupancy requirements set forth by the City and the fire department in the building plans; and 6. Trevi will not be permitted to allow live dancers, fashion shows, lingerie or any other modeling events, to occur on premises apart from or in conjunc- tion with the afore-described events; and 7. The business management/owners commit to fully cooperate with and as- sist law enforcement in the identification of criminals and criminal activity, and the active prosecution of criminals who have victimized the business or its patrons; and 8. Trevi will ensure that all Alcoholic Beverage Control (ABC) laws, regula- tions and requirements are strictly adhered to by management and staff. 9. The City place a probationary period of six (6) months on the issuance of the CUP to include a review of the operation of the Trevi Center and the demand on police resources at the end of the six-month period and to in- clude an official report of findings and recommendations to the City Coun- cil from City staff and the Chief of Police. Agenda Item No. 22 Page 8 of 128 Attachment 2 July 14/15, 2008 Agenda Item No. 22 Page 9 of 128 Agenda Item No. 22 Page 10 of 128 Agenda Item No. 22 Page 11 of 128 Attachment 3 Review of Conditions of Approval for CUP NO. 2007-01 (as of 7/15/08) GENERAL CONDITIONS 1. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. No appeal filed. Planning Commission decision and conditions of approval are final 2. 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 to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this Conditional Use Permit. Ongoing 3. Conditional Use Permit no. 2007-01 will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. CUP 2007-01 did not lapse 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. Conditions reproduced on plans. 5. Prior to the issuance of a Certificate of Occupancy, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. Acknowledgment of Conditions form was signed by Michel Knight. 6. All conditions reflected on the approved plans shall be used unless modified by the Applicant and approved by the Community Development Director or designee. Ongoing Planning Commission Approval March 20, 2007 Agenda Item No. 22 Page 12 of 128 7. All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. Existing floor plan, as constructed, does not match approved floor plan exhibit approved under CUP 2007-01. 8. All necessary exterior/ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. Roof mounted AlC units are located out of public right of way view. 9. The Applicant is to meet all applicable City Codes and Ordinances. There are several violations of the LEMC that have not been addressed since the CUP was approved. They are as follows: Wall Sians Installed without approval - applicant was advised to submit sign program application. The applicant submitted a sheet with photographs of the wall signs on two occasions. Staff advised the applicant that a full submittal and application was required (most recently on June 27, 2008). Staff was advised that a full submittal and application would be submitted. As of July 14, 2008 no application for sign approvals has been received. Outdoor Storaae Rear of property has been used for storage of shipping containers, construction equipment, junk, and debris. Rear area has been recently cleaned and only a few items remain for removal. Landscapina Landscaping in all portions of the exterior area and parking lot is dead/unkempt. Applicant indicated at May 6, 2008 Planning Commission Public Hearing that property owner would not allow landscaping to be tended to. No written documentation (lease agreement) has been presented to staff reflecting applicant's ability, or lack thereof of addressing landscaping. Planning staff has left messages with property owner to confirm, however with no return call. Staff continues to work with applicant regarding this. Property Maintenance Plam1ing Commission Approval March 20, 2007 Agenda Item No. 22 Page 13 of 128 Graffiti on parking lot light poles, utility boxes, and planter curbs not being removed. Live Entertainment The restaurant area has been used for night club uses, which have now ceased. On June 25,2008 a OJ and dance area was operated in the Sports Bar area of the facility. 10. A cash bond of $1 ,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the. site to an acceptable state, subject to the approval of the Community Development Director or designee. No construction trailers were utilized, cash bond was not required. 11. The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. OK 12. The Applicant shall provide a landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. Several months after the CUP approval, in order to expedite landscaping and reach an acceptable level aesthetically, staff advised the applicant that landscaping and irrigation could be installed per the original K Mart design. Landscaping on Mission Trail has still not been addressed. 13. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. No planting has been installed at these locations. 14. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. OK Planning Commission Approval March 20, 2007 Agenda Item No. 22 Page 14 of 128 15. All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. Live entertainment was conducted in the past. All sections of the Illusions/Restaurant area was to be equipped with continuously recording cameras - has not been done. 16. A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. OK 17. The license shall be limited to on-premise general alcohol sales. Any change/intensification to the type of license will require a new Conditional Use Permit. OK 18. The operation shall maintain suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals and adequate seating arrangements for sit-down patrons provided on the premises. Ongoing 19. Alcoholic beverages are sold or dispensed for consumption on the premises only when served at tables or sit-down counters by employees of the restaurant. OK 20. The sale of alcohol for consumption off the premises is prohibited. OK 21. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises during all business hours of operation. OK 22. All improvements on the property will be continuously maintained, including Planning Commission Approval March 20, 2007 Agenda Item No. 22 Page 15 of 128 repairs to structures and replacement of dead or diseased plant material. Landscaping in portions of the exterior area and parking lot is dead/unkempt. 23. The Planning Commission reserves the right to hold a public hearing to consider the revocation of this permit, or the imposition of additional conditions, if the Commission determines that such action is warranted. 24. Sales and service of alcoholic beverages shall be permitted only between the following hours of operation: . 11 a.m. to 11 p.m. Monday through Thursday . 9 a.m. to 1 a.m. on Fridays and Saturdays . 9 a.m. to 11 p.m. on Sundays. . In the event that hours of operation are extended, alcohol service shall cease no later than one (1) hour prior to closing. Ongoing 25. The premises shall be maintained as an entertainment/bowling center and restaurant and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit. Use of the approved sports bar area was recently expanded to include DJllive entertainment on June 26, 2008. 26. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said reports shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand. Ongoing 27. Licensee/petitioner shall obtain approval from the Chief of Police prior to requiring an admission charge or a cover charge to any portion of the facility. At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. Ongoing Planning Commission Approval March 20, 2007 Agenda Item No. 22 Page 16 of 128 28. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors and associated locking hardware shall comply with all building code requirements. OK 29. Security staff shall be provided as outlined in the submitted Operation/Safety plan. Security staff shall be increased if requested by the Chief of Police. OK 30. The installation of high quality security surveillance cameras, recorders, and monitors at mutually agreed upon location shall be installed and maintained in good operating condition. All areas of the Trevi Center have cameras and are under surveillance with the exception of the restaurant (Illusions) area. 31. The active monitoring of surveillance equipment by dedicated security personnel shall occur at all times. Cannot confirm 32. The operator shall cooperate and assist the Riverside County Sheriff in the active prosecution of criminals who have victimized the business or its patrons. 33. Upon site inspection, if it is determined that the site has insufficient lighting, the Community Development and or Riverside County Sheriff Department may require additional lighting in front of the building or in the parking lot area. OK 34. No pay phone will be maintained on the exterior of the premises. Pay phones on the premises may not accept incoming calls. OK Planning Commission Approval March 20, 2007 Agenda Item No. 22 Page 17 of 128 35. Loitering is prohibited on or around these premises or the area under the control of the license/petitioner. OK 36. No obstructions shall be attached, fastened or connected to either the partitions or ceiling to separate booths/dining areas within the interior space of the licensed premises. OK 37. The licensee/petitioner shall not maintain or construct any type of enclosed booth intended for use by patrons or customers for any purpose. OK 38. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee/petitioner provide or permit, or make available either gratuitous or for compensation, male or female persons who act as escorts, companions, or guests of and for the customers. OK 39. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises. OK 40. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee/petitioner shall be removed or painted over within 24 hours of being applied. Graffiti has been visible for weeks on utility boxes and curbing in parking area as well as on light poles throughout the site. Planning Commission Approval March 20, 2007 Agenda Item No. 22 Page 18 of 128 41. A parking study, completed by a State of California licensed traffic engineer, shall be submitted to the Community Development Department for review and approval. The parking study shall reflect that available parking will remain at acceptable levels during peak parking periods. The restaurant and sports bar componont cannot be operated until the parking study is submitted and approved. Furthermore, excess undeveloped area on the property shall not be encumbered until said parking study shows methodology reflecting that additional parking is not needed. OK ENGINEERING DIVISION GENERAL 42. 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 43. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. DRAINAGE 44. All On-site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 45. 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. 46. All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. STORMWA TER/ CLEANWA TER PROTECTION PROGRAM 47. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm Planning Commission Approval March 20, 2007 Agenda Item No. 22 Page 19 of 128 water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, 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. Planning Commission Approval March 20, 2007 Agenda Item No. 22 Page 20 of 128 Attachment 4 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL (REVISED) PROJECT NAME: CONDITIONAL USE PERMIT NO. 2008-09; A REQUEST TO ESTABLISH A LIVE MUSIC, DANCING, AND ENTERTAINMENT VENUE WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ARCADE FACILITY LOCATED AT 32250 MISSION TRAIL (APN 365-040-024) LAKE ELSINORE, CA 92530 PLANNING DIVISION GENERAL CONDITIONS 1. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 2. 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 to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this Conditional Use Permit. 3. Conditional Use Permit no. 2008-09 will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 4. All Conditions of Approval shall be reproduced upon page one of any building plans submitted to the Building and Safety Division for Plan Check. 5. Prior to the issuance of a Certificate of Occupancy, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 6. All conditions reflected on the approved plans shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 7. ,All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. Agenda Item No. 22 Page 21 of 128 8. All necessary exterior/ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 9. The Applicant is to meet and abide by all applicable City Codes and Ordinances. 10. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 11. The Applicant shall comply with the City's Noise Ordinance at all times. 12. The Applicant shall provide landscape improvements and full irrigation to all slope areas along Mission Trail and planter areas within the parking area of the property. Landscape improvements, including functioning irrigation shall be inspected and approved by the City Landscape Plan Check/Inspector at the applicant's cost. 13. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 14. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 15. All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. 16. A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. 17. This approval shall be limited to live entertainment in conjunction INith private parties and banquets only. Deleted by Planning Commission 5/6/08 18. Night clubs, discotheques, music/comedy concerts, and similar types of uses are prohibited in all areas of the property. Deleted by Planning Commission 5/6/08 19. Adequate security personnel shall be provided by the applicant for all events conducting live entertainment (bands, OJ, karaoke, etc.). Security personnel provided by customers renting the facility is prohibited. 20. The operation shall maintain suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals and adequate seating arrangements for sit-down patrons provided on the premises. Agenda Item No. 22 Page 22 of 128 21. Alcoholic beverages are sold or dispensed for consumption on the premises only when served at tables or sit-down counters by employees of the restaurant. 22. The sale of alcohol for consumption off the premises is prohibited. 23. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises during all business hours of operation. 24. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 25. The Planning Commission reserves the right to hold a public hearing to consider the revocation of this permit, or the imposition of additional conditions, if the Commission determines that such action is warranted. 26. Sales and service of alcoholic beverages within areas conducting live entertainment shall be permitted only between 9 p.m. and midnight. Other areas of the facility shall maintain the following hours of operation: . 11 a.m. to 11 p.m. Monday through Thursday . 9 a.m. to 1 a.m. on Fridays and Saturdays . 9 a.m. to 11 p.m. on Sundays. . In the event that hours of operation are extended, alcohol service shall cease no later than one (1) hour prior to closing. 27. Areas of the premises not including the restaurant area and the "Elks" facility shall be maintained as an entertainment/bowling center, restaurant, and arcade and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit for live entertainment. 28. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said reports shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand. 29. No admission charge or cover charge shall be required for any portion of the facility. At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. Modified by Planning Commission 5/6/08 30. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors Agenda Item No. 22 Page 23 of 128 and associated locking hardware shall comply with all building code requirements. 31. Security staff for the remainder of the facility shall be provided as outlined in the submitted Operation/Safety plan. Security staff shall be increased if requested by the Chief of Police. 32. The installation of high quality security surveillance cameras, recorders, and monitors at mutually agreed upon location shall be installed and maintained in good operating condition. 33. The active monitoring of surveillance equipment by dedicated security personnel shall occur at all times. 34. The operator shall cooperate and assist the Riverside County Sheriff in the active prosecution of criminals who have victimized the business or its patrons. 35. Upon site inspection, if it is determined that the site has insufficient lighting, the Community Development Director and/or Riverside County Sheriff Department may require additional lighting in front of the building or in the parking lot area. 36. No pay phone will be maintained on the exterior of the premises. Pay phones on the premises may not accept incoming calls. 37. Loitering is prohibited on or around these premises or the area under the control of the license/petitioner. 38. No obstructions shall be attached, fastened or connected to either the partitions or ceiling to separate booths/dining areas within the interior space of the licensed premises. 39. The licensee/petitioner shall not maintain or construct any type of enclosed booth intended for use by patrons or customers for any purpose. 40. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee/petitioner provide or permit, or make available either gratuitous or for compensation, male or female persons who act as escorts, companions, or guests of and for the customers. 41. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises. 42. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee/petitioner shall be removed or painted over within 24 hours of being applied. Agenda Item No. 22 Page 24 of 128 43. Outdoor storage on any portion of the property is prohibited. 44. All requirements of CUP No. 2007-01 shall be adhered to, unless specifically modified by this approval (CUP No. 2008-09). 45. All requirements and regulations of the State Department of Alcoholic Beverage Control (ABC) shall be adhered to at all times. 46. A Uniform Sign Program application shall be submitted and approved for the detached sign and numerous wall signs that have been installed without Planning Commission review. ENGINEERING DIVISION GENERAL 47. 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 48.ln accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. DRAINAGE 49.AII On-site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 50.AII 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. 51.AII roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. STORMWA TER/ CLEANWA TER PROTECTION PROGRAM 52. The 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, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, Agenda Item No. 22 Page 25 of 128 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. RIVERSIDE COUNTY FIRE DEPARTMENT See Attachment No.8 Agenda Item No. 22 Page 26 of 128 Cll'! urA . LAI<J: ,6,LSINOlU ~ DREAM EjTREME Attachment 5 March 4, 2008 Michel Knight 32250 MIssion Trail Lake Elsinore, CA 92530 RE: Letter of Incompleteness concerning modification to Conditional Use Permit No. 2007 -01 for the existing Trevi Bowling and Entertainment facility located at 32250 Mission Trail, Lake Elsinore, CA. (SECOND LETTER) Dear Mr. Knight, Thank you for your application submission to modify your existing Conditional Use Permit. Pursuant to Government Code Section 65943 and to determine what additional Information/materials associated with the above referenced application is needed for processing, the City has deemed the application incomplete for processing pending the submittal of the following information/items (please note that items that have been answered/addressed have been stricken): General Information 1 The application indicates a request for "Live Entertainment," however no other pertinent information is given. Please specify the following: a. What type of live entertainment is being proposed (OJ, live bands, karaoke, dancing, night club, etc.)? Correspondence received from Trevi Lanes by City staff on February 21, 2008 indicates "proposed types of entet1ainment have been reflected on the floor plans." A review of the floor plan approved by the Building Division (Sheet A 1) does not indicate a stage area, dancing, OJ area or any other area for live entet1ainment within the restaurant/outdoor seating area. Please clarify. b Please specify In what areas of the facility live entertainment will be cond ucted. <)51674.3124 l.iLl, M~I~SIIU[1 LAKf tL,IN()Rf CA 925311 WWW IAKf I [)iNURE ORe, Agenda Item No. 22 Page 27 of 128 Trevi Lanes CUP March 4, 2008 Letter of Incompleteness Page 2 Correspondence received from Trevi Lanes by City staff on February 21, 2008 indicates "entertainment areas have been reflected on the floor plans. II The current floor plan indicates the former children's arcade area as a "meeting/entertainment room. II No portion of the restaurant and outdoor dining area reflects a section for live entertainment. Please confirm if this is correct. c. Indicate location of any and all dance floors, stages, DJ areas/booths, etc. on the site plan. d. Correspondence received from Trevi Lanes by City staff on February 21, 2008 indicates "locations of live entertainment areas have been reflected on the floor plans. II The restaurant and outdoor dining areas have not been identified as areas where live entertainment will occur. Please confirm. e. What are the days and hours of operation for the live entertainment? Correspondence received from Trevi Lanes by City staff on February 21, 2008 indicates "live entertainment operates from 9pm-12midnight. II As requested, please confirm what days of the week. f. Will alcoholic bo'/oragos be sorvod in conjunction with the live ontortainmont? If so, from what bar areas? g. How many ctaff will bo procent during live entertainmont functions? Will additional socurity bo providod? 2. Tho patio/trollis structuro in front of the building (rostaurant ontranco) roquiros a building permit and commorcial docign approval. 3. The restaurant and outdoor soating aroa cannot be usod until a parking study, completed by Q liconsed troffic engineer, is cubmitted ond opproved (per oonditions of approval for CUP 2007 01 ). ~. There aro no approvals for the multiple \^loll signs thot hove been inctalled on the building fo9ado. Based on tho number of signs and uses at tho site, submittol ond approval of 3 Uniform Sign Program will be required. 5. The submitted landscape plan reflects ground cover on frontage slopes adjacent to Agenda Item No. 22 Page 28 of 128 / Trevi Lanes CUP March 4, 2008 Letter of Incompleteness Page Mission Trail. The current condition of these slope areas require attention due to the negative visual impact created along Mission Trail. 6. ^ portion of 3 proviously 3pprovod 3rc3do 3ro3 h3s been modified to includo 3 dining 3nd b3r 3re3. Plo3so shmv this 3re3 on tho floor pl3n 3nd spocify Cqu3ro foot3go ::lnd hours of opor3tion 3S well ::l8 length of time th3t this ::lro3 'I/ill be usod. This now/modifiod b::lr 3nd or rost3Ur::lnt 3ro3 will nood to bo includod in this no'.''/ CUP ::lpplic3tion. 7. A notarized letter of authorization from the legal property owner is required. Staff has not received this documentation and cannot proceed with this request until a notarized letter from the legal property owner authorizing this request is submitted. Once you have addressed the remaining comments, please submit twelve (12) full complete sets of plans reflecting requested changes/information. Once the above items are addressed, the project will be routed to other City Departments (including the Riverside County Sheriff Department) for comments and/or conditions of approval. Should you need any further information or would like to discuss any aspect of your project, please do not hesitate to contact me at (951) 674-3124 ext. 270 or email at tweiner@lake-elsinore.orq. Thank you for giving the City of Lake Elsinore the opportunity to assist you. Sincerely, Community Development Department Planning Division ~~:)~ ~ Tom Weiner Planning Manager Attachment 6 CITY OF ~ LAKE ,6,LSiNOR& V DREAM E;(TREME... REPORT TO CITY COUNCil TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCil FROM: ROBERT A. BRADY CITY MANAGER DATE: JUNE 10,2008 SUBJECT: CONSIDERATION OF TWO (2) APPEALS OF 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 (TREVILANES) Backaround At a regularly scheduled public hearing on May 6, 2008, the Planning Commission approved Conditional Use Permit No. 2008-09, allowing the applicant to conduct live music, dancing, and entertainment within the restaurant area of ''Trevi Lanes." The Planning Commission also recommended that the following recommended conditions of approval be modified as noted: 17. This Jppro'lal shall be limited to Iiye entertainmont in conjunction \'lith pri)Jato pJrtios and banquets only. Deleted by Planning Commission 5/6/08 18. Night clubs, discotheques, music/comedy concorts, and similar types of yses are prohibited in all areas of the pr:operty. Deleted by Planning Commission 5/6/08 29. No admission chargo or cover chorgo sh311 be requirod for any portion of the f3cility. At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. Modified by Planning Commission 5/6/08 The approval of Conditional Use Permit No. 2008-09, and the modified/deleted conditions of approval, allowed the applicant to operate a live entertainment venue from the existing restaurant area of the Trevi Entertainment center for events ranging from private parties and banquets to night clubs and music/comedy concerts. Agenda Item No. 22 Page 29 of 128 CUP No. 2008-09 June 10,2008 Page 2 On May 14, 2008 and May 21, 2008 respectively, separate appe~ls to the. Plannin,g Commission action (Attachment. 3 and Attachment 4) were filed with the City Clerk s office. One of the appeals, submitted on May 14, 2008, was filed by Police Chief Louis Fetherolf (Riverside County Sheriff). Reasons cited for this appeal in a subsequent memorandum (Attachment 3) indicated concerns regarding excessive calls for police service, failure to comply with security requirements established in the original Conditional Use Permit, and the potential for alcohol and other related problems associated with a "night club" type of use. The other appeal, submitted on May 21, 2008, was filed by Ajay Patel (Best Western, 31781 Casino Drive). Impacts to adjacent businesses due to noise and property maintenance were the reasons cited in this appeal. A subsequent letter relative to this appeal was received on June 2, 2008, provided further concerns regarding the proposed use. Photographs taken by the appellant have also been attached to this report. fr2.lect Location The approximately nine (9) acre property is developed with an 84,800 square foot single-story building and is located on the north side of Mission Trail Road between Diamond and Malaga Drives. The property is located within the C-2 (General Commercial) Zoning district and has a General Plan designation of General Commercial. Discussion The Planning Commission heard the staff report and took testimony from six (6) individuals including the applicant, Michel Knight of Trevi Lanes, as well as other members from the local business community. The applicant and the plan designer for the project spoke in favor of the project. Four (4) members of the business community, including the operators of the adjacent Best Western Hotel, spoke against the project. The applicant (Michel Knight), related to the Commission, recent problems that he has been experiencing regarding vandalism (graffiti), theft, and the lack of qualified employees for his operation. He also indicated that he has made a portion of his facility available to the Elks Club at no cost. Those who spoke in opposition of the request cited concerns regarding excessive noise, loitering, and impacts to neighboring businesses that a live entertainment venue at the location may create. Excerpt meeting minutes are included (Attachment 7) for the City Council's reference. Commission Deliberation Commissioner Flores spoke in support of the project and addressed the operator of the Best Western regarding their concerns related to excessive noise. Commissioner Flores Agenda Item No. 22 Page"30 of 128 CUP No. 2008-09 June 10,2008 Page 3 also confirmed with the applicant that the doors to the patio area would be closed during times that live entertainment would be provided at the facility. Commissioner Mendoza indicated that although the applicant's intentions were good in terms of establishing certain uses on the site, he could not support the request for live entertainment based on the applicant's failure to abide by City codes in the past. Commissioner Mendoza suggested that he could revisit the idea in six (6) months to a year, but could not support the request at this time. Commissioner Zanelli indicated that since the project began; the applicant has not obtained permits; violated numerous "stop work orders"; opened the night club intermittently without permission, has had outside storage and landscaping issues; and has loitering and graffiti issues. Due to the reasons stated, he could not support the request for the CUP until such time that the applicant can demonstrate over a period of time that he can comply with the requirements that the City has in place. Vice Chair Gonzales indicated that he had recently visited Trevi Lanes and observed that security doors for the facility were not installed and the doors were currently being worked on. Vice Chair Gonzales then stated that if Trevi Lanes does indeed have a loitering and security issue, as what was notified to the Planning Commission by a member of the public, that security needs to be increased and referred to Condition of Approval number thirty-three (33) regarding the monitoring of surveillance. This would be necessary due to the lack of security cameras on-site. Vice Chair Gonzales then asked the applicant the hours of operation and the utilization of the proposed facility. Chairman O'Neal addressed some comments made by members of the public concerning the issues that Trevi Lanes have produced. He then asked the Director of Community Development to address the CUP concerns brought up by Commissioner's Mendoza and Zanelli. Chairman O'Neal then stated to his fellow Commissioners that he would stand by them if there were to be any further significant problems with the operation. However, he would like to give the applicant the benefit of the doubt in regards to the requested CUP. At the conclusion of the public hearing, the Planning Commission approved the following Resolution, with modified conditions of approval, by a vote of 3-2 (O'Neal, Gonzales, and Flores voting yes; Zanelli and Mendoza voting no): . Resolution No. 2008-47 approving Conditional Use Permit No. 2008-09 Recommendation 1. Consider the appeal(s) and either uphold the Planning Commission's decision to approve Conditional Use Permit No. 2008-09; or 2. Overturn the Planning Commission's decision and deny Conditional Use Permit No. 2008-09. Agenda ltem No. 22 Page .31 of 128 VICINITY MAP CONDITIONAL USE PERMIT NO. 2008-09 "TREVI LANES" !J BA8.r~1:I SJ CITY COUNCIL Agenda Item No. 22 Page-32 of 128 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL (REVISED) PROJECT NAME: CONDITIONAL USE PERMIT NO. 200S-09; A REQUEST TO ESTABLISH A LIVE MUSIC, DANCING, AND ENTERTAINMENT VENUE WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ARCADE FACiliTY LOCATED AT 32250 MISSION TRAIL (APN 365'()40-O24) LAKE ELSINORE, CA 92530 PLANNING DIVISION GENERAL CONDITIONS 1. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 2. 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 to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this Conditional Use Permit. . 3. Conditional Use Permit no. 2008-09 will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 4. All Conditions of Approval shall be reproduced upon page one of any building plans submitted to the Buildi.ng and Safety Division for Plan Check. 5. Prior to the issuance of a Certificate of Occupancy, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 6. All conditions reflected on the approved plans shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 7. All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. Agenda Item No. 22 Page 33 of 128 8. All necessary exterior/ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 9. The Applicant is to meet and abide by all applicable City Codes and Ordinances. 10. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 11. The Applicant shall comply with the City's Noise Ordinance at all times. 12. The Applicant shall provide landscape improvements and full irrigation to all slope areas along Mission Trail and planter areas within the parking area of the property. Landscape improvements, including functioning irrigation shall be inspected and approved by the City Landscape Plan Check/Inspector at the applicant's cost. 13. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 14. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 15. All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. 16. A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. 17. This approval shall be limited to li'/e eAter:tainmeAt in ooAjuRction wit~ pFivate partios ang Banquets only. Deleted by Planning Commission 5/6/08 18. Night Qlubs, discotheques, musickeFRedy cORcerts, am:.l similar types of I;Ise& aF9 pr:o~ibited iR all aroas of the property. Deleted by Planning Commission 5/6/08 19. Adequate security personnel shall be provided by the applicant for all events conducting live entertainment (bands, OJ, karaoke, etc.). Security personnel provided by customers renting the facility is prohibited. 20. The operation shall maintain suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals and adequate seating arrangements for sit-down patrons provided on the premises. Agenda Item No. 22 Page 34 of 128 21. Alcoholic beverages are sold or dispensed for consumption on the premises only when served at tables or sit-down counters by employees of the restaurant. 22. The sale of alcohol for consumption off the premises is prohibited. 23. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises during all business hours of operation. 24. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 25. The Planning Commission reserves the right to hold a public hearing to consider the revocation of this permit, or the imposition of additional conditions, if the Commission determines that such action is warranted. 26. Sales and service of alcoholic beverages within areas conducting live entertainment shall be permitted only between 9 p.m. and midnight. Other areas of the facility shall maintain the following hours of operation: . 11 a.m. to 11 p.m. Monday through Thursday . 9 a.m. to 1 a.m. on Fridays and Saturdays . 9 a.m. to 11 p.m. on Sundays. . In the event that hours of operation are extended, alcohol service shall cease no later than one (1) hour prior to closing. 27. Areas of the premises not including the restaurant area and the "Elks" facility shall be maintained as an entertainment/bowling center, restaurant, and arcade and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit for live entertainment. 28. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said reports shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand. 29. No aamissioR chargo or oovor char:go shall bo r~quir,.gd for any portiOA of tl:1e facility. At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. Modified by Planning Commission 5/6108 30. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors Agenda Item No. 22 Page 3.5 of 128 and associated locking hardware shall comply with all building code requirements. 31. Security staff for the remainder of the facility shall be provided as outlined in the submitted Operation/Safety plan. Security staff shall be increased if requested by the Chief of Police. 32. The installation of high quality security surveillance cameras, recorders, and monitors at mutually agreed upon location shall be installed and maintained in good operating condition. 33. The active monitoring of surveillance equipment by dedicated security personnel shall occur at all times. 34. The operator shall cooperate and assist the Riverside County Sheriff in the active prosecution of criminals who have victimized the business or its patrons. 35. Upon site inspection, if it is determined that the site has insufficient lighting, the Community Development Director and/or Riverside County Sheriff Department may require additional lighting in front of the building or in the parking lot area. 36. No pay phone will be maintained on the exterior of the premises. Pay phones on the premises may not accept incoming calls. 37. Loitering is prohibited on or around these premises or the area under the control of the license/petitioner. 38. No obstructions shall be attached, fastened or connected to either the partitions or ceiling to separate booths/dining areas within the interior space of the licensed premises. 39. The licensee/petitioner shall not maintain or construct any type of enclosed booth intended for use by patrons or customers for any purpose. 40. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee/petitioner provide or permit, or make available either gratuitous or for compensation, male or female persons who act as escorts, companions, or guests of and for the customers. 41. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while in the premises. 42. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee/petitioner shall be removed or painted over within 24 hours of being applied. Agend;l Item No., ::':' Page 36 of 12b 43. Outdoor storage on any portion of the property is prohibited. 44. All requirements of CUP No. 2007-01 shall be adhered to, unless specifically modified by this approval (C!JP No. 2008-09). 45. All requirements and regulations of the State Department of Alcoholic Beverage Control (ABC) shall be adhered to at all times. 46. A Uniform Sign Program application shall be submitted and approved for the detached sign and numerous wall signs that have been installed without Planning Commission review. ENGINEERING DIVISION GENERAL 47.AII 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 48.ln accordance with the City's' Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cle~ning, demolition, clear and grubbing or all other phases of construction. DRAINAGE 49.AII On-site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 50.AII 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. 51.AII roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. STORMWA TER/ CLEANWA TER PROTECTION PROGRAM 52. The 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 Drohlbit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, Agenda Item No. 22 Page 37 of 128 CUP No. 2008-09 June 10, 2008 Page 4 Prepared by: Approved by: Tom Weiner tvw7 ~ Planning Manager I" , V' Robert A. Bradyn ~ City Manager W ATTACHMENTS 1. Vicinity Map 2. Conditions of Approval (modified 5/6/08) 3. Appeal and memo (Chief Fetherolf) 4. Appeal (Best Western) 5. Best Western Letter and Photos (Dated June 2, 2008) 6. Notice of Violation and Incident Report (5/22/08) 7. Planning Commission Staff Report, Resolutions, and Exhibits from the May 6, 2008 Meeting. 8. Draft minutes from May 6, 2008 Planning Commission Meeting. 9. Floor Plan Agenda Itell1 No. 22 Page ~8 of 128 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. RIVERSIDE COUNTY FIRE DEPARTMENT See Attachment Agenda Item r....:o. 22 Page 39 of 128 . ---.- . ---.-..----... LAKE ELSINORE FIRE CONDITIONS OF APPROVAL Trevi (Illusions Night Club) CUP 2008-09 April 2, 2008 General Conditions With respect to the conditions of approval for the reference~ proj~ct, the Fire De~art~ent . recommends the following fire protection measures be provided In accordance with Riverside County Ordinances and/or recognize fire protection standards: MIN REQ FIRE FLOW Minimum required fire flow shall be 4000 GPM for 4 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 A combination of on-site and off site super fire hydrants, on a looped system with the average spacing between Super fire hydrant (s) (e" x 4" x 2 %" x 2 % ") shall be not exceed 350 feet between hydrants and have a maximum distance of 210 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 adjacent hydrants (s) in the system. RAPID ENTRY KNOX BOX Rapid entry 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 WATER CERTIFICATION 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 4000 GPM fire flow for a 4 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. PRIOR TO BUILDING FINAL INSPECTION FIRE LANES 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. Agenda Item No. 22 Page 40 of 128 PUBLIC TYPE BUILDINGS SUPER FH/FLOW Minimum required fire flow shall be 4000 GPM for 4 hour duratio~ a~ 20 PSI residual. ope~ating. pressure, which must be available before any combustible ~a~enalls pl~ced on the J.ob sIte. FIre flow is based on typeV-B construction per the 2007 CBC and bUlldlng(s) having a fire spnnkler system. The average spacing between Super fire hydrant (s) (6" x 4" x 2 %" x 2 % ") s~all be not exceed 350 feet between hydrants and have a maximum distance of 210 feet from any pOint on the street or road frontage to a hydrant as measured along approved vehicular travel ways. SPRINKLER SYSTEM Install a complete fire sprinkler system per NFPA 13 2002 edition (130 and 13R system are not allowed) 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. 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) VOICE FIRE ALARM 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) LOW LEVEL EXIT SIGN Door - level exit signs, exit markers and exit path marking shall be installed per the California Building Code. EXTINGUISHERS Install portable fire extinguishers with a minimum rating of 2A-1 OBC and sign age. 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. HOOD DUCTS A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. system must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to insta~lation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre-existing alarm system must be connected to the extinguishing system. (*separate fire alarm must be submitted for connection) (Current plan check fee is $215.00) Agenda Item No. 22 Page 41 of 128 TITLE 19 Comply with Title 19 of the California Administrative Code. Agenda Item No. 22 Page 42 of 128 " 4'''- (^o~ '!"" CITY OF ~.... . .~ LAKJ:6LSINORf; ... V DREAM E;(TREME", City Clerk's Qffice 130 S. Main Street, Lake Elsinore. CA (951) 674-3124,. E~t. '269 For Official Use Only Date ReceivedU RECEIVED Received By: '. MAY 1 4 2008 Date Fee Paid: CITY CI FRK~ OFFJCE APPEAL OF PLANNINGCOM.MISSION ACT'ION FORM ~ Pollcv 100-8: The. purpose of this Policy is to provide a standardized proceduref()r consideration of appeals from Planning Commission decisions. Within 15 days of a Planning Commis~ion decision, any person may appeal a decision to the City Council by filing this form and submitting. a $200 fee~ A copy of this polley is attached with further Important information.. Applicant Informati'Qn . Name: 6+re:p' kurs' ~Ttft:r1<.oLF. Date: S -/V-4( Mailing Address: L/E.PD 333 . LCMN"'&:> .Avt:.. City: L4t~ .eLSIlr....:o~ State: CA Zip. Code: 925""s.0 Phone No.:' 957- '2-4':,-- 3'3'00 Fax No.: . 9::>1-2...crs-- 3"3 I J . S.ub'ect of A eallnfonnation . . Subject of Appaal: '))~/V~~ss.lcNJI5 ~v'Az.. cn=-l~1 ~~ Project No.(s): ' Project Ap'plicant: J1.{Qk;: L Kilt ~ Project Location: "IK':t=:V( $..;i~tJytJ k~ - ~~~ (l%) l.e4cL' Date of Planning Commission Action: 5""-" -og I, the undersigned, hereby appeal the above action'of approvaVdenial by the Lake. Elsinore Planning Com~ission, for the' following reaSon$: (Please cit~ specific action being appealed.) Attach additional pages 13~ needed. ?ai5t-'~~ /)ot!R-t~-?J . ~ 1S3~ea .L70' -;5e. .€( rA.Sa2.A-~ I~ m?Z/~ . Signature: r- nda Item No. 22 CITY OF ~ + _- _ LAK.E 6LS1l'iORJ; " ' ~ POLlCE ' .,.- DEPARTMENT i\ ' " ; 'I:'; \\ if ";:; !!l it. , MAY 2 ,2 2008 [ ; L/}! I" , iLjl ! ' , " CI'i'i ",.' " (-:,~ ,,';:,.; ':~;;~"CI.":I:bECE'VED .... _.:.. .:.,.:" '-- '~,:::_~,:':L? .~::,,~,2_:~.T MAy 2 2 2008 ~ t' / CITY CLERKS OFFICE MEMORANDUM' ~-......_,.~.~...".."""",,,,, - . .~-....._.~_......._..^.."..,._....... .... ..... .., ..,-..........-. ."..-,.",' ..-'" ...' ..'" ...............'.............,.........,. .~ _.-..._.~.-.......,--,,---..-._'...-..............-......' ....\ .....,. Date: May 21" 2008 Subject Appeal of Planning Commission Action 108 - Trevitanes CUP To: Mayor Hickman and Members of From: Louis Fetherolf, Chief of Police BACKGROUND This document will'set forthsohle of my concerns about the recentPlanning CommiSsion Action removing certain restrictions from the' Conditional Use Permit (CUP) Conditions submitted by the Planning Department for the Trevi Center. The action approved the CUP for Trevi Entertainment Center to use thefacUity for nig,ht club/discotheque, music-comedy concerts, or other similar'types of uses on the premises_ ' In the original plans submitted.by the appJicant in 200617, Ule room(s)in question were proposed as a restaurant to include,a c;:afeteria and dining areas both inside and outside the building. proper. Sometime. later, the idea of a night club was proposed for the same area-. I voiced. OPPoSition to the idea 'in me:e1ings with city ': staff. Not.long there~fter an un..permitted night-club was opened to the public (non permitted use). After considerable violence and ,commotion resulting from the unauthorized/under-sta~$d opening of the club, City Code Enforcement shut down the club portion'and for~d the'appliCant to go through the proper plan- ning/CUP process. As a result of numerouS staff c:tiscul!5sions whereiFi I gave my tnputlreason~ for' recommending' a restricted use of the faciUties (according to origtnal plans sub- mitted), Mr. Weiner from City Planning, included my recommendatiohS in the' conditions of the CUP sent to the .Planning Commis$i,on on May 6, 2008. Those conditions were as foilows: tA1<E ELSlN'OiU: pOlleE & . SHllRlFf'S 'STATION 333 LIMITED ^VENUE f.AKE ELSINORE. CA 92.530 Www.lUVERSIDESHERJFF.OIlG 9s'1.24,5,33.30 Agenda Item No, 42 Page 44 of 128 ..-/~ /' // ..........J......_.,_~_--...._.....-...-......-... M -' #17. "This approval shall be limited to live entertainment in con- junction with private parties and banquets only." #18. ".Night clubs, discotheques, music/comedy concerts, and simi- lar types of uses are prohibited in all areas of the property." #29. "... No. admission charge or cover charge 'shall be required for "'any portiOn 'Oftl'RfTa'e1t1tV:::---.-...--... ... ... '.. .,.....--.....-,--.--.--.--.-..- All three of the above restrictions were stricken from the CU.P Conditions by the Planning Commission at their May 6, 2008 meeting. RA llONALI: My concerns for allowing a night club. of the magnitude 'of what Trevi is. proposing are centered in the following': . 1. Since June 11. 2007' '(opening of the Trevi ~ntertainment Center) through April of this y~r, the Trevi 'Entertainment Center has caus~d a large drain on police rescources.to deaJ:With criminal. activity~ There have been' 68 calls for setvice logged d.uring that tifrie period within and on the prem- isas. Included..in those c.alls.for service were the following: a. 12 Ass'aulls (including. 6 felony assaults wherein major injuries were sustai.ne~-two' involving the use of weapons) During one of these assaults,.th~ owner, Mr. Michel'Knight sustained.major he'ad . and shoulder injutie~ requiring h()Spitali:zation. b. 9 Disturbanc~s of the'~eace. c. 4 Public Intox,catlon'arrests. d. '1'4 Felony Tbefts:(inoluding 8 vehicle burglaries.) e. . 10 Vandallsms invotving. major .prope~ damage~ . f. 6 Traffic Violations (including 3 Hit and Run 000181011$., 2 Reck- less '~riving.~re8~, and l' DUJarre.$t).' g. 1 Narcotics .arrest. . . h. 10 sus'piC?lous behavior/criminal conduct calls. 2. .~ince 2006,.the owner and cOtlsttuction..crews of the Trevi Ehtertainment . Ce~teT havs'ignqred.numeroys "Stop Work Notices" issue.d by the City . . Building Inspectors for .woJ:king on the construction ofthe b\,Jitding without 'pelinits..and for being in violation of building safety ~.rdinances. 3. Since the busin6$S' has been operating, the owner has failed to follow througtJ with security.requirements for the premises as required in the originl;ll Condftionall;Jse Permit Conditions - Operation/Safety Plan. Ex- . ample: Numerous inspections of the premises have reveale~' inadequate Agenda Item No. 22 Page 45 of 128 ... . security personnel on duty as required and no monitoring of the secu- rity/camera surveHlance system in place (as required). 4. Neig~boring businessowners/managers nave complained about th~ con- sistent noise and criminal activity generated' by the Trevi Entertainment Center and patrons, as a disruption to their businesses. .-..__.....' .'.-."-,'" ... .......-............" ,-.... .". ..5~m~.6WfiemniJf1.~Of the TIlWiEllfe1miiilTlejit-cenlef1'ia\7eli6fCfem:.-............._.._._..... .-.. onstrated re.sp9nsibr~ business practice since. they began operating in the city. Hence, I haye no reason. to believe they will conform to .tharriore re- strictive conditions required to operate a' night club ve'1ue in the future. .6. The presence of a night club will regularly draw large crowds to the Trevl cente'f. Night .clubs historically attract.a contingent 6f disreputable persons. and req~ire consistent mQh!tQring by police and .state regulatory agencies to ourtail crim~ and viee activity that accompany such businesses. With this .type .of business wiIJ .al86 'come more alcohol-related problems, i.e., assaults, our's, uflder-age drinking, vice (prostitution) and narcotics is- su~s', etc. These wjU'.amour:1t to a h!Jge strainoh limited .police resources and thus pull vital police resources away from other areas in the city.. The ~EPD IS not adequately'staffed to deal with slIch problems without c;fis- placing needed police services from other des.erving cltizen.s and tax pay- ers.. 7. .Lastly, the.p-resence Of a night club at the Trevi Center will. effectively turn the Trevi Center'from a family-oriented business to an adult-oriented blisi- . ness, thus exposing/subjectfng youth and. fami.lies to the problems hereto- fore mentioned. 'RECOMMENDATION: I respectfully. recommend the. Mayor and City Council overturn the May 6, 2008 P:lanning Commission apProval of the cuP' as presently co~stituted. for the Trevi ~ntertainment Center a'nd.a.ny other proposed dul> venues .ofthis magnituQe in the future. Agenda Item No. 22 'Page 46 of 128 - CIty OF ~ LAKB \OLsiNORb V DREAM E.xTREME~ 'City Clerk's Office 130 S. Main Street, Lake Elsinore. CA (951) 674-3124. Exl. 269 For Official U~e Only Date Receiyed: . ~ ~ ~ Received By: -,I _ _~ Date Fee Paid: ~j,1Iofj . APPEAL OF PLANNING COMMISSION' ACTION FORM ~PollcY 100-8: The purpose of this Policy is to provide a standardized procedure for consideration of appeals from Planning Commission decisions. Within 15 days of a Planning commiSSiondeecin. person may appeal a decision to the City Council by fili~g this forrri and submitting a $200 fee. qJ:>>. this policy is atta'ched with further imoortant Infonnation. Applicant Info~mation . Name: Aj~~. P...+e-.\ Mailing Address: ~\, ~ \ CCo~\ V"\o ()I'\"'~ Date: .....5..\ \ 1t \n~ . City: 1-c. ke e \ ">; t'\ 0 t(!- St.ate: c...r4 Zip Code: ~~!, 30 . Phone No.: ( '1 S I) <'-1 ~ - '3 \ ~ , Fax No.: ('i~..) C,7'"'- ,...,\~ Subject 'of Appeal Information Subject of Appeal: l("~v', '- c..~e.s' L f:l w'\. J.., 1-.:,,.. ^"'- \ P t=.i"WVI', 0\- o t.'C.'~D'" Project No.(s): ~ OYtcl i\.i 0"". , u...(', r c.n--.: ~ Y1 o. ., oc> 15... 0" Project Applicant: M', c.~~ \ \l..,^~~,^~ Project location: -:;~~S9 M..,,,:>>...,o~ ""T-ro-', \ I L ~ \c.G; e. \.,; "'0 r-t Co"" c,~S".3 0 Date of Planning Commission Action: M~ l.. 1 DO'"' . I, the undersigned, hereby appeal the above action of approval/denial by the lake Elsinore Planning Commission, for the following reasons: (Please cite specific action being appealed.) Attach additional pages as ne~ded. ""l'V' f" f: \-C:.oI' e:... ~ Q, Tt> ,,",^a. p l c.. ....,,~ ""!) c... a '^^ "'^ ; .,., -, II '^ ~(,Gotll "'II'~ .,. (-~u', Leo ,^C!r C. c.... C.CO 11\ ~\ H ......0- \ U.,r.- P~....., \-- ~l)t" \, \)~ \Mu.,\C'. J '\GlI'd~, e.v-- ~ ~'^ \:6-r,,"~ ~ '^^m....\- .. \~ C()\~ c.."'6rO.l.i ~ b~ ~~LI'I" P 1'0 \a ,~~. H..', '\- t.... +-"^t's ~u l'l'-O UV'" A ; ""~ \"41 ~ I "" Cl .. .. ...J In t..J'~' . 01. \ ~ 0 ,",0 \IT 6 u to \ b c..c... \ \ o.W CMA~~...~_\ ~h~~.:Iv<. 'r,^t'r 'PA')'\' ~I t'c "^ ~ Cl C (;. H c,A,. 4:'-'e. ~\"~~ ., '" yo ~ 'j('.....J~ +0 \- L... ~ . V'\ 0 i 'H. c:. 11'\ ~ ~"It' c..().,., hJ (\ \,., hn"''''~, ,,.j <.".. \UOu\~_ \ . Signature: ~(J~ · Agenda It0m No.2 2 Page 47 of 128 ~/ / , " \C:.<.~;v~ c-~~r\o.;"'''s. ~"'o",^~uc..,~s o.\'ovJ.. t\..G- \bvd, ~O~~c. C4 ~ c!. "" Vt c;. ,^o' ~ e- Co"'" cl '" 4ouC3 ~O roC;) ~ v"'"!. 1M D 11\ 6-.::J ~O -\- '^~ ~ VO c; ~~ I : ~t'_ \L""3\...+ c..O,^'~i\llUC!l"~ +0 ,,^AU~ 4:.\c)NI~ct ~o"d~w\c.::r~ A~L fHo- uf I . : ~b \o""~..s \ V'\ 't '" C' '0 cH. \<.. ~; ~~ 0 ~ .,. f"e:-V" L. Co V\ e. W,,^-Q "" 'j~U ~ t-e. tit ~ o U\";~t) l!>Y'l ~""G ""oc\c.~. U. O~ 0",; ~O ~C\~O'" \.v' \ \ V\O~; <..G two '. V \ 1> \ c.. ~i c."".s be k; V'!. 1 ('~\J ~ L.t.. 11'\0 ~ 0 \^ C!' 0 ~ l- '" (,~'^^ \0 ~ ""~ '" ; \..., 0 P U" c, \, \. R. \J +"'.6, ~ \,...e. ~ \" c:-er V'\ \0 u ~ "'"~ L e;. 11\ ~ \- '" to u H,...c.r- v' 0 \ Co \-) 0 (\ ~i b~ f'v\vl~',~\~ C.OV'\.c.iy.~> ~\- \-"'~ V:>Cl,C.\L~"~ ~~ It-~~ L~C15. :i'-:r~ Mo(', \L.~\j""~ c.c.v"\,^o.r ~CJ\\o\.\J, rv\e~ o~ \-"'~ t..;\-J \-\,..~ I j'-:t' c."'",^ov...1 ~c..""'v.J<':. \f.)C1~Vl"(b ~ w\\\ ~O\\OW-\-'\;..6 ~",,~\t'l'<l> :1 . :1 t>~ C.lh^~,lr',u,,^o-\ .PCW'YV\\~/:r c,vvo. o.~\c.)":j t\"&.\ \-"'~ (,,\~ c..ouV<.(,', \ I i .t"-cw 0 k~ '" ~ ~ f> c~:..C" ~ '\ -\-. i ( 'l ! :j '/ I " i i ,i , :; ,I : )- : ~ , " :! ;! :, " ,I ;' '! :, ~ I Agenda ttem No. 22 Page 48 of 128 ~ i :i ;1 [Prl~CC~~Vl~[Q) . JUN 2 - Z008 CITY OF LAKE ELSINORE I PLANNING DIVISION Best Western Lake View Inn & Suites 31781 Casino Drive Lake Elsinore. CA 92530 (951) 674-3131 Fax (951) 674-1719 June 02, 2008 City of Lake Elsinore Attention: Honorable Mayor Daryl Hickman & Respected City Council members Robert A. Brady-City Manager Community Development Director-Rolfe Preisendanz, Robin Chipman- Building & Safety Manager, Tom Weiner-Planning Manager, Barbara Leibold- City Attorney, Louis Fetherolf- Chief of Police Re: Conditional Use Permits No. 2008-09 for Trevi Lanes Dear City of Lake Elsinore, I have attached photos in regards to where Best Western is positioned to Trevi Lanes. The pictures taken show where the live entertainment would be and the patio where people would go out to. If the door to the patio is open the noise from Trevi Lanes would be heard by guests at the hotel. The other 2 pictures show the back side of Trevi Lanes which shows 2 containers that Mr. Knight said at the Planning Commission Meeting would be removed within 2 weeks. The picture was taken on May 30, 2008 which is more than 3 weeks after the Planning Commission Meeting. On May 24th and May 29th I had complaints from guest in regards to noise from Trevi Lanes. Therefore, we had brought this problem to the city officials' attention and the police department. We will continue to have this problem and allowing Trevi Lane to have this permit will exacerbate the situation for our Hotel. Our business is part of the Lake Elsinore community and economy. Loss of money towards our Hotel is directly correlated with the loss of money and tourism for the city. For our business and the City's best interest, we are strongly opposing to the conditional permit for Trevi Lanes. We hope you understand and are willing to continue our mutually beneficial relationship with the city of Lake Elsinore. Thank you for your time and understanding. RECEIVED Sincerely, ~f~ JUN 0 2 2008 CITY CLERKS OFFICE Ajay Patel (General Manager) Best Western Lake View Inn & Suites Each Basi Western holel is independently owned and operated. Agenda Item No. 22 Page 49 of 128 ~ Ilem~.: 51 . \' \ '. . . ~~ttsinOR& .'.'.' .~~. . .... .. . .,., pty o~. ke Elsinore Co.d~ R~.n..~ " .. \; J.nifi.i ., . .....,.-<t" . ~"v~.U)n.. . 130 S. MaiJi StJ;eet ~.ke EJainore,. ~c}2530 Tel: ~51) 674-~~24 t~t. 227 . ~lric:.(95t)-47t.J4.1.8 NOT:ICB :QltT{fOLATlO~. APN,~5 - oL/P. ~()jjf. ;.~."i. 'SubJCet.Jitoperiy~' ~t.~'~ ~; Ptt~OJQ OWnetIO~C1ipa~t Natn~: "',:DI MailmJ Adclt'ql: '.. . . '~" COde .E~~~t~m~nt Case it.: TMI~.. . . ::?'~P.Ja.UtIFid~f I.ake EildJiO(~ CA.~2530.. !,. . . An Uas.peoUon ~;y~W' prqpeit)' ~.tC.v~"e~hb~ toUQwing:violati~JiI oldie L;ke Elsipore M~cipal Code lection(i): Cl s..~~V2p.l~~~ine;1 IJcw. e I~q~~ A-".,*e__. Li~~~ is . 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UPI n . .. .. - . .. . . 'UYloDU;oU.........~ a r ocate recreatlona ve IC e I In a ~ 8.18.020:. (1.)(8) . RelDove all tralh an4 ~eb!,1 f~ y?UI . city-.pprovc.d campground. p~. Di~pOle oC ua~ IUld debt.il In apprlJpnate a, .' ., ... .... , . cOIi~~'oltaketo'acU,poilal,racUil:)'.... 17.94.~.PlOhiblted,apa. RemlWe pr6bibued .~(.~--:-- o ' 8.~.029 (..\)(21) ;Lack of lalidscapiDJ. w~. repiaee ~d. , . . .: ... . i :.. '. IMM:aD~TIlLY. mait1&lin in . liVing concUtion plat Ift.teri~ to improve 0 t7.9~.:t50 Petm.i.t r~'lwred'Cor te.mpo~ 'Ian," b~~... ~aB." ap'p:elu'aJIC'e ~cl'l'cduee du.t.. \ ~eD11anu aQd ~90n.., ~'CID6ve from; p~~~IC ~,p~rwit&in a 81a:'.N>A('.&')(23).('''~)S . C Ii h-n .~houtIOt'obtlUn,ape~tfro~tlte'P" ng'DeparlJ.Dent. .' .-.. ~ _ .to,.geo watel~!~lc~pUJ ~ _ '. ; _ m~quirccl: Clo~t ya,a .on WUlpproved' parkiQg lurfa~ 01 'In "isf" . ,Iide o~ ~afmd. S'toie iD'lear ~l8ide yard &e"iDd.be (~fObt .7'\ 0'I'aBR: IOU4 fence/waD 0'Ii an ~,.ble tic!=R.ed. trailf;I'/IfoeiU~~ .or ' rCI,DQve fro.lia prt~ilel. Couec:qVC' ,acti!>D' to ~e .completed by"S~ -lJ , '. '.or .1 indic~ed above. FlUI~e ta call'ect any of thele riolation. within the bml;' given could ~c!lullin . cbatiol;l 01 other legal actian. AU COlts "Iociated with fiJrther acti~n. may'be lecov<<:red through alle..ment. Ol'~. For ~~ther ijafOnila~on 01.(0 req.ueJt,an atCQ..ion. pleal~ i:.On~t th~ Code ~ilffiic~~t i:Sh,i8ion. Co,ci~ E~oic:.em:ent O.fticcr: . .s'-S4:AT.d~ " D'ate IS8ue4:.: l!J.S -;32. ':"Q g Methwh ).( Pcrs:o~lDeiive~ a/Polted a: I. Clall Mail tl: ~rti,nell'M.U/N~, A9~nda Item No, 22 - Page-52 of 128 .... INCIDENT REPORT OS/2312008 12:38 AM -SHAWN.. Case # 8-1069 Received TIC from RC at ~bout 2310 (5-22-08). I Contacted Sgt Mike Yates 8$ instructed about 15 minutes later. Sgt Yatesadvi$ed that Trevi had the club open, operating as a nightclub. He also indicated that there were about 120-150 patrons, a live DJ an4 scantly I ,clad girls dancing clothed only in lingerie. I told Sgt Yates I'd be there in about 15-20 minutes. Sgt Yales said he wo1,1ld call the patrol guys and asked me to call him back when I was about 5 minutes away. At approx' 2325, I met Sgt Yates at the Do-it-Center, joined py approx 20 other dcn>uties and CSO's. I explained the plan of aCtion as desired by the City, gave them a brief history report regarding the property and explained that we will be shutting the club down yet permitting management to anow the patrons to move to the other side of the building to continue the evenings activities. Sgt Yates explained what'his observations where while he was at the club as well as any officer Safety concerns. After the brief, the Sgt's laid out a plan of action. At about 0020 (12:20 am), joined by about 8 deputies and a Sgt, we entemt the club, made contact with a door man. who radioed the Manager (Steve Marraccini) who joined us within 2 minutes near the clubs entrance. As the Mgr approached, aboUt 5 of the deputies fanned out ,in the club and had the J;Ilu,sic shut off. A oouple deputies and a Sgt remained with me and I spoke with Steve Marraccini, gave him a NOV and instnicted . him that by order of the City of Lake Elsinore, the club and the unpermitted activities must 'noyv' stop and the customers must vacate this portion of the building. I advised Steve Marraccini that the patrons may be permitted to use the other side of the building that has been approved by 1tle city. I askefthe manager to make a calm, peaceful and friendly announcement, informing the patrons that this club must close, adding that he may ask them to go to the other si4e of the building. The manager complied immediately and without hesi~tion. However, before Steve Marraccini made the announcement, the DJ made the announcement that the club. was'closed,. Seconds later, I heard another announcement being made but, it was at such a low volume, it was too faint an4 not loud enough to make. I then noticed the patrons began to make their way to the door. The club was emptied of the patrons within 15-20 minutes. There were no visible issues or acts of resistance that I observed. The deputies addressed a few issues in the lot as patrons left; however, they appeared to be minor and resolved within moments. All of the deputies met back in the lot for a short briefand we left at about 0040-0045 hours; A copy of the NOV was given to Sgt Yates for his report. Agenda Item No. 22 Page 53 of 128 FROM: CITY OF lAKE ELSINORE REPORT TO PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT TO: OWNER: MAY 6, 2008 TOM WEINER, PLANNING MANAGER CONDITIONAL USE PERMIT NO. 2008-09; A REQUEST TO ESTABLISH A LIVE MUSIC, DANCING, AND ENTERTAINMENT VENUE WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ARCADE FACILITY LOCATED AT 32250 MISSION TRAIL (APN 365-040-024) LAKE ELSINORE, CA 92530 PHIL WILLIAMS FOR MICHEL KNIGHT/BLUE FLAMINGO LLC, 26397 BECKMAN COURT, MURRIETA, CA92562 LOUIS AND . ISABELLA DEPASQUALE, 5004 W 92ND AVENUE, WESTMINSTER CO, 80031 DATE: PREPARED BY: PROJECT TITLE: APPLICANT: PROJECT REQUEST The applicant is requesting Conditional Use Permit approval consideration for the establishment and operation of a live music, dancing, and entertainment venue within the existing restaurant portion of the "Trevi" Bowling and Entertainment Center. The project site is located within the C-2 (General Commercial District) Zoning district and has a General Plan designation of General Commercial. Review is pursuant to Chapter 17.48 (C-2, General Commercial District), Chapter 17.66 (Parking Requirements). Chapter '17.38 (Non-Residential Development Standards), and Chapter 17.74 (Conditional Use Permits) of the lake Elsinore Municipal Code (LEMC). BACKGROUND The subject building and property was developed in 1989 and was occupied by a K Mart store until 1997 . The building remained vacant until 2007 , at which time the "Trevi" Bowling and Entertainment Center began operating from the building. On March 7, 2007. The Planning Commission approved Conditional Use Permit No. 2007- Agenda Item No. 22 Page 54 of 128 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008-09 MAY 6, 2008 01, which permitted the applicant to establish the following uses in conjunction with the bowling facility: . Sale of general alcohol for "on-site" consumption. . Outdoor seating in conjunction with a restaurant facility. . Video arcades in two (2) separate areas of the facility. PROJECT LOCATION The approximately nine (9) acre property is developed with an 84,800 square foot single- story building and is located on the north side of Mission Trail Road between Diamond and Malaga Drives. The property is located within the C-2 (General Commercial) Zoning district and has a General Plan designation of General Commercial. ENVIRONMENTAL SETTING . " 7,~ ~ 'I,'! h' I,,~ ,. . . - f. '\ )1 r. \ I' ~ ( I;i 1 : ./ ':. 'PIC- ~ I ~ ,\ ~; ... I , ~ ~ I , ~, ~,; ~ ~,\ ~ l", , .... ~ , , ' Project Site Vacant C-2 Commercial (General Commercial) General Commercial Building North Commercial C-2 Center (General Commercial) General Commercial South Movie C-2 Theater (General Commercial) General Commercial East Hotel C-2 (General Commercial) General Commercial West Commercial C-2 East Lake Specific Plan Center (General Commercial) PROJECT DESCRIPTION The applicant is requesting Conditional Use Permit approval for the establishment and operation of a live music, dancing, and entertainment venue within the existing restaurant portion of the building. No additional building square footage or modifications to the existing parking and vehicle circulation de.sign are proposed at this time. Interior improvements, parking, and analysis related to the requested live entertainment use are discussed below. Agend~ Item No. 29 Page 55 of 128 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 200S.Q9 MAY 6, 200S Interior Imorovements An approximately 6,000 square foot portion of the building previously identified as a "kids arcade area" has been modified since the original CUP approval of March, 2007. This area is now identified as a "meeting/entertainment room" and is currently being used by the Elks Club for their private functions. Changes to this area, which is located in the northwest portion of the building, include the following: . Removal of all video arcade machines and related items. . Addition of a bar area. . Addition of a dance floor area. The existing restaurant area located in the southwest portion of the building remains unchanged. An area designated for "Live entertainment, OJ, Band, Karaoke" and a dance floor is identified on the floor plans and reflected in Figure 1 below. Figure 1 (Restaurant Area) .......~.,.. ,.......... .,.....~ ........ - It should be noted that the restaurant area where live entertainment is proposed maintains a main exterior entrance (shown above) and two (2) other ingress and egress points at both ends of the connected patio seating area. Parkina and Circulation Based on the information provided in the parking study generated by Kunzman and Associates, Inc. on February 4, 2008 (Attachment 6), peak (maximum) parking demand is currently 566 parking spaces. This leaves approximately 352 additional parking spaces to . Agenda Item No. 22 , - Page 56 of 128 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 200S..Q9 MAY 6, 200S absorb any increased parking needs generated by the proposed live entertainment use. It should be noted that the parking study was required under a condition of approval of the previously approved CUP. The reciprocal parking and ingress/egress agreement (Attachment 7 recorded with the Riverside County Clerk in 1988) that reflects shared parking among the subject property and the adjacent movie theater and casino properties previously presented in the original CUP is still in effect. There will be no street improveme'nts or curb cut modifications made along Mission Trail as part of this request. Parking striping and circulation will remain as is. CONDITIONAL USE PERMIT ANALYSIS Live Entertainment Section 17-48.020 of the LEMC specifies the requirement of an approved Conditional Use Permit for the establishment of "Dance Halls, discotheques, or any establishment providing live entertainment." The applicant is proposing to establish two dance floor areas (one within the restaurant and the other within the portion of the building used by the "Elks") as well as a stage area for live bands, OJ, karaoke, and other performances. The proposed hours of operation for live entertainment as indicated by the applicant (Attachment 7) is from 9 p.m. to midnight only. A condition of approval has been included limiting the hours in which alcohol can be served in conjunction with live entertainment; this condition matches the applicanfs listed operation hours of 9 p.m. to midnight. It should be noted that other areas of the facility (bowling alley, sports bar, etc.) will be permitted to serve alcohol under the same hours as approved under CUP 2007-01, which are as follows: . 11 a.m. to Midnight Monday through Thursday . 9 a.m. to 2 a.m. on Fridays and Saturdays . 9 a.m. to Midnight on Sundays. The two (2) locations within the building where live entertainment is requested (converted arcadel"Elks" area and the restaurant area) are separate and will not be used in conjunction with each other. The converted arcadel"Elks" area maintains a private entrance for its members along the northwest portion of the building. The restaurant area maintains an entrance at the front of the building as well as two (2) additional entry/exit doors on both sides of the outdoor patio area adjacent to the restaurant. Although staff is recommending approval of live entertainment uses within the indicated areas (Elks and restaurant), staff has included conditions of approval limiting live entertainment operations be conducted only in conjunction with private parties and banquets (weddings, anniversaries, corporate events, etc.). Due to concerns related to public safety, noise, traffic, and existing family uses conducted within the adjacent bowling '.....y-:<,. Agenda Item No. 22 - Page 57 of 128 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 200S..Q9 MAY 6, 200S alley, arcade, and restaurant; night club, discotheque, concerts, and similar forms of events will be prohibited. Other conditions of approval related to live entertainment listed by staff include, but are not limited to: . Prohibition of a cover charge, entrance fee, drink minimum, or other similar type of admission charge for use of the restaurant facility in conjunction with any form of live entertainment. . Prohibition of night club, discotheque, concert, comedy club, and other similar uses. . Prohibition of loitering in and around the facility. . Maintaining quarterly gross sales of alcoholic beverages below or equal to the gross sales of food during the same period. . Requiring Trevi Lanes to provide security personnel for all events where alcohol is served and prohibiting the use of outside security personnel hired by persons using the facility for a private party or event. Staff has also included conditions of approval related to site maintenance. An inspection of the site conducted by Community Development Staff on April 28, 2008 showed overgrown vegetation, landscaped areas in need of maintenance and irrigation, outdoor storage of equipment, and debris strewn about the rear of the property. Staff is recommending that these items be addressed prior to establishing any live entertainment at the site. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CECA), Section 15301 (Minor Alterations to Existing Structures), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary for the project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No._ approving Conditional Use Permit No. 2008-09, based on the Findings, Exhibits, and proposed Conditions of Approval. ;'W~ Agenda Item No. 22 Page 58 of 128 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008-09 MAY 6, 2008 PREPARED BY: Tom Weiner Planning Manager APPROVED BY: Rolfe Preisendanz Director of Community Development ATTACHMENTS: 1. VICINITY MAP 2. PlANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. REDUCTION (8 Yz x 11) OF FLOOR PLAN 5. PARKING STUDY DATED FEBRUARY 4, 2008 BY KUNZMAN AND ASSOCIATES 6. RECIPROCAL PARKING AND ACCESS AGREEMENT 7. RESPONSE FROM APPLICANT TO COMPLETENESS LETTER FROM STAFF 8. RIVERSIDE COUNTY FIRE DEPARTMENT CONDITIONS OF APPROVAL ,'/- Agenda Item No. 22 Page 59 of 128 Attachment 1 VICINITY MAP CONDITIONAL USE PERMIT NO. 2008-09 "TREVI LANES" IJ B~~TGI:t SJ PLANNING COMMISSION ~AgE3nda Item No. 22 Page 60 of 128 RESOLUTION NO. 200S-47 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 200S..Q9 I' . WHEREAS. Michel Knight. Trevi Lanes has initiated proceedings to' request the approval of Conditional Use Permit No. 2008-09; Conditional Use Permit approval consideration for the establishment and operation' of a live music, dancing. and entertainment venue within the existing restaurant portion of the "Trevi" Bowling and Entertainment Center located at .32250 Mission Trail (APN 365-040-024) Lake Elsinore, CA 92530 (the "Project") and: WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that. depending upon the location and design of the use, may have the potential to negatively impact adjoining properties. businesses or residents and therefore are permitted subject to the issuance of a conditional use permit. which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), Section 15301 (Minor Alterations to Existing Structures), staff has det~rmined that the' proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary for the project; and WHEREAS. on May 6. 2008. at a duly noticed public hearing. the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND O.RDER AS FOLLOWS: SECTION 1. The Planning Commission .has considered proposed Conditional Use Permit No. 2008-09 prior to rendering its decision and finds that the requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission finds and determines that pursuant to the California Environmental Quality Act (CEQA). Section 15301 (Minor Alterations to Existing Structures). the proposed project' will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEOA. Therefore. no ' additional environmental clearance is necessary for the project; and Agenda Item No 22 Page 61 of 128 PLANNING COMMISSION RESOLUTION NO. 2008-47 PAGE20F3 SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP 2008-09: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional 'mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the purpose of the commercially zoned planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the C.ity, or injurious to property or improvements in the neighborhood or the City. All applicable City departments and agencies, including the Riverside County Sheriff, have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the installation and maintenance of security equipment, maintaining adequate staff, monitoring the sale of alqohol, and parking requirements so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The existing building was constructed in 1989 and conforms to development standards for the indicated zone. Further, the Project is required to maintain. proper parking availability as indicated in the submitted parking study in order to maintain current and future needs foroff-street parking at acceptable levels. The entertainment component of the bowling center is compatible with existing development and will create a visually pleasing, non-detractive relationship between proposed and existing projects when all conditions of approval are applied. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed live entertainment component has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the project to Agenda Item No. 22 Page 62 of 128 PLANNING COMMISSION RESOLUTION NO. 2008-47 PAGE 3 OF 3 be served by roads of adequate capacity and design standards to provide reasonable access by car, trock, and emergency services vehicles. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The Project has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property when conditions of approval are followed. 6. Adequate conditions and safeguards pursuant to lake Elsinore Municipal Code Section 17.74.50 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these .findings for the term of the. use. Pursuant to Lake Elsinore Municipal Code Section 17.74.050, the request for live entertainment has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on May 6, 2008. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional. Use Permit 2008-09. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. . PASSED, APPROVED AND ADOPTED this 6th day of May 2008, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, NOES: COMMISSIONERS: MENDOZA, ZANElLl ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: /Jm1- Rolfe Preisendanz Director of Community Development Agenda Item No. 22 Page 63 of 128 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 200S-09; A REQUEST TO ESTABLISH A LIVE MUSIC, DANCING, AND ENTERTAINMENT VENUE WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ARCADE FACILITY LOCATED AT 32250 MISSION TRAIL (APN 365-040-(24) LAKE ELSINORE, CA 92530 PLANNING DIVISION GENERAL CONDITIONS 1. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 2. 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 to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this Conditional Use Permit. 3. Conditional Use Permit no. 2008-09 will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 4. All Conditions of Approval shall be reproduced upon page one of any building plans submitted to the Building and Safety Division for Plan Check. 5. Prior to the issuance of a Certificate of Occupancy, the applicant shall sign and complete an "Acknowledgement of Conditions,n and shall return the executed original to the Community Development Department for inclusion in the case records. 6. All conditions reflected on the approved plans shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 7. All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. Agenda Item t '0. 22 Page 64 of 128 ~..' 8. All necessary exterior/ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 9. The Applicant is to meet and abide by all applicable City Codes and Ordinances. 10.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 11. The Applicant shall comply with the City's Noise Ordinance at all times. 12. The Applicant shall provide landscape improvements and full irrigation to all slope . areas along Mission Trail and planter areas within the parking area of the property. Landscape improvements, including functioning irrigation shall be inspected and approved by the City Landscape Plan Check/Inspector at the applicant's cost. 13. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 14. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 15. All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. 16. A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. 17. This approval shall be limited to live entertainment in conjunction with private parties and banquets only. 18. Night clubs, discotheques, music/comedy concerts, and similar types of uses are prohibited in all areas of the property. 19.Adequate security personnel shall be provided by the applicant for all events conducting live entertainment (bands, OJ, karaoke, etc.). Security personnel provided by customers renting the facility is prohibited. 20. The operation shall maintain suitable kitchen facilities for the cooking of an assortment of foods, which .may be required for meals and adequate seating arrangements for sit-down patrons provided on the premises. Agenda Item No. 22 Page 65 of 128 21. Alcoholic beverages are sold or dispensed for consumption on the premises only when served at tables or sit-down counters by employees of the restaurant. 22. The sale of alcohol for consumption off the premises is prohibited. 23. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises during all business hours of operation. 24. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 25. The Planning Commission reserves the right to hold a publiC hearing to consider the revocation of this permit, or the imposition of additional conditions, if the Commission determines that such action is warranted. 26. Sales and service of alcoholic beverages within areas conducting live entertainment shall be permitted only between 9 p.m. and midnight. Other areas of thef~cil~ shall maintain the following hours of operation: . 11 a.m. to 11 p.m. Monday through Thursday . 9 a.m. to 1 a.m. on Fridays and Saturdays . 9 a.m. to 11 p.m. on Sundays. . In the event that hours of operation are extended, alcohol service shall cease no later than one (1) hour prior to closing. 27. Areas of the premises not including the restaurant area and the "Elks" facility shall . be maintained as an entertainment/bowling center, restaurant, and arcade and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit for live entertainment. 28. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said reports shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand. 29. No admission charge or cover charge shall be required for any portion of the facility. At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. 30. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors Agenda Item No. 22 Page 66 of 128 43. Outdoor storage on any portion of the property is prohibited. 44. All requirements of CUP No. 2007-01 shall be adhered to, unless specifically modified by this approval (CUP No. 2008-09). 45. All requirements and regulations of the State Department of Alcoholic Beverage Control (ABC) shall be adhered to at all times. 46. A Uniform Sign Program application shall be submitted and approved for the detached sign and numerous wall signs that have been installed without Planning Commission review. ENGINEERING DIVISION GENERAL 47. 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 48.ln accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. DRAINAGE 49.AII On-site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. . 50. 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. 51.AII roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering s.treet facilities. STORMWA TER! CLEANWA TER PROTECTION PROGRAM 52. The 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 Agenda Item No. 22 Page 68 of 128 waters. This includes non-storm water discharges containing oil, grease, 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. RIVERSIDE COUNTY FIRE DEPARTMENT See Attachment No.9 Agenda Item No. 22 Page 69 of 128 A B c Attachment 4 HOlE: 1. AU. INTDlIOR WAU.S II COJHC 10 IE , HR. CCNS1RUC'1lCIN. 2. AU. 1lI1'P101t WAU.S All[ NEW COHS1RUC1ION EXCEPT omc:a. DotPl.CME I.CUNGE II WOMEHS RES1ROOWS. AS HOlED 011 PUNs. ~ AU. Ell1DIClIt WAU.S ARE DaSllNG CQNClI(IE IUlaC. 4. ElCIS1INO GPrNNGs 10' II[ Q.OSED AND NEW ClPOlINOS All[ MO~D. a. 0CClIP1HC:t LOADS I'Ot VOT PUN SHAU. . POllED III AU. l'OSlED III ME ..~ AU. ASSOl8L y ROOWS. IIISU .. TAClU DaT SIQWlE AS SHOIN ON FlOOR PlAN SMAU. . IMSTAW:D PElt -. SEe. 10012.... use sa SHY. 5C-I. S... 7. ElCIT SlCNACe SHALL lit IU.UMlNAltD I,QI 1.1'. PElt :see. I0I1.a.2 1Ir lOll.$,,) Vie INSTAW:D PER SEe. 1003.2.... VI(;. 0f'F1Cf: WAU l'ftI'Nn , \, > } '- ~rl IIOClII : A-~rJ'~ I F----~, r1--~-=~H- I MCA' t I ., I' I I' t________ I J "MTYIIOClII 'fl!' A-J .. occ. !'ZlDZZm ~~~ RDlAlN ==== AIICHO) OPENING - - --1N1EIIIOR ElaSlING WALLS ----10 IE REIIO\C ~ EmlING ZHR. SEPEltA1lOH WAU. = EXlS1ING 1lI1E111OR WALLS _ NEW WALLS (E) EXIS1ING (N) NEW TAClU SlGNAGE SEE SIfT A-I (i) VOT S1ClHAGE e ElCIT ROU~ SlGNAGE ~~ IalDCT..... 2ID2 ~ "1fT. A-J .. occ. . ~. CJ .~ LOUlICI: 00.0 ~~~ 000 ....... '1oIITl'_ 'fl!' A-J .. occ. , .& or_ Agenda Item N..;. 22 Paqe ?C ~f 1?~ ~ OI"':V\I . J 'ON IWJ VQtl3!1lt ._1"..."'....,...,...... ---'~,~~--, I "tIllS IIII Ii ill; \ { ;' !; I , !, it ljlJ'Il11ltlP 'l;al'I:I:l:il~! } ~~~! lo~loi~~ .~~ III 11111,1 il!a!.d ,- a ~ (I i i...J.-.1 i l.,.."l.,-,.l ! ~: III I I I ~ l ~~ ~/ lJCI -[ . "__, f'\ . ~ lb. ~ -' L~lJJ,' [~ sO' ,oct Iu ~ ~ I ! f[----~ l[:~ II ~OOtO~ ,.- ^ '"....tt. !!~! 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I: ~ - U ~---~ -*;'--;'-<lEO . :11 ~ !~i iR I e e . e .. .. e I ~ TREVI LANES ~.. 32250 MISSION TRAIL. .!~'.="1\~..~ LN<E ELSINORE,CA 92530 (Iii, '" /'~ ~ .....-.... , . ( >, 51 Ii ~~.r.=1 (~I ~ e -=r .=:,.. In-- 1'" . A-genda Item No. 22 Page 71 of 128 Attachment 5 @ KlIN::':\\.\~ ASSL1LI:\TES "\ I; \ f \ I, F~", I, t if"" ,\ ',I \ -rC\.\"'-.:-.^j l...'i<l.\Tll,.'I~, t)l,,\'-.>..l~:"'1 February 4, 2008 Mr. Phil Williams REAL PROPERTY SOLUTIONS 30365 Ainsworth Place Lake Elsinore, CA 92530 , Dear Mr. Williams: INTRODUCTION The firm of Kunzman Associates is pleased to submit this parking analysis for the Mission Trail project in the City of Lake Elsinore. Kunzman Associates has been asked to conduct an analysis of the parking at the Mission Trail project In order to ascertain if adequate parking spaces is currently provided for the project site. This report summarizes our methodology, analysis, and findings. Although this is a technical report, every effort has been made to write the report clearly and concisely. To assist the reader with those terms unique to transportation engineering, a glossary of terms Is provided within Appendix A. DEVELOPMENT DESCRIPTION The project site Is located in the r:1ortheast comer of the Mission Trail and Malaga Road intersection (see Figure 1). The project site consists of the Trevi Entertainment Center, Diamond 8 Cinema, and Lake Elsinore Hotel and Casino. The project site currently provides a total of 918 parking spaces. Figure 1 illustrates the aerial photo of the project site. The Trevl Entertainment Center consists of 48 bowling lanes, 36,465 square feet of commercial use, 2,440 square feet of restaurant (customer) use, and 880 square feet of restaurant (non-customer) use (see Figure 2). A vacant building currently exists at the east comer of the site with an estimated floor area of 13,000 square feet. 11n TOWN 8t CoUNTRV ROAD, SUITE 34 . ORANGI;. CA 92868-4667 -. .-FHONE.t7141-913-8J83" F"x~ ~714l-973-882l-..-ToLLfRH: (877J-912-1220 - --- . E-MAIL: MAn." TRAffIC-ENGINEER.COM · WE&: WWW.TRAffIC-ENGINEER.CI"A . diN 22 gen a tem o. Page 72 of128 pARKING CODE Based upon the City of Lake Elsinore Parking Code requirements (see Appendix B), the vacant building requires 1 parking space per 250 square feet for a total of 52 parking spaces (13,000 x (1/250)) (see Table 1). PARKING SU~VEY Based upon discussions with the City of Lake Elsinore staff and the applicant, the peak period for parking at the project site was determined to be 1:00 PM to 11:00 PM on Friday and Saturday. To quantify the existing parking demand for the project site, the existing parking demand was determined by surveying the existing facilities at 30- minute Intervals on Friday (February 1, 2008) and Saturday (February 2, 2008). The project parking lots were divided Into five (5) parking zones as shown on Figure 3. Parking zone A consists of the Trevl Entertainment Center area, parking zone B consists of the Diamond 8 Cinema area, and parking zones C/D/E consist of the Lake Elsinore Hotel and Casino area. The existing parking surveys are shown In Tables 2 and 3. As Indicated in Table 3, the maximum number of occupied parking spaces at the project site during the peak period is 566 parked vehicles on Friday from 8:00 PM to 8:30 PM and 456 parked vehicles on Saturday from 8:00 PM to 9:00 PM. This is a maximum parking occupancy of 62 percent (566/918) and 50 percent (456/918), respectively. PARKING DE;MAND SUMMARY As indicated in Table 4, a maximum number of 566 parking spac$s are occupied during the peak hours. The number of parking spaces required by the City of Lake Elsinore Parking Code for the vacant building is 52 parking spaces. The number of parking spaces currently provided by the entire project is 918 parking spaces. A maximum of 618 parking spaces are required to provide sufficient parking, the project currently provides 918 parking spaces. Sufficient on-site parking Is provided by the project based upon the parking analysis (see Table 4). It should be noted that to provide a "conservative- analysis, the procedures developed by the Urban Land Institute Shared Parklna (2005) have not been used In this parking analysis. The idea of a shared parking analysis Is that If the various land uses have peak parking demands at different points in time, or on different days of the week, then the number of spaces required is not the sum of the parking requirements for each land use, but rather less. If the peak demands for the various land uses are non- coincidental, then there is an opportunity for sharing of parking. CONCLUSIONS 1. The project site Is located In the northeast comer of the Mission Trail and Malaga Road intersection In the City of Lake Elsinore. 2 Agenda Item No. 22 Page 73 of 128 2. The Mission Trail project currently provides a total of 918 parking spaces. 3. Based upon discussions with the City of Lake Elsinore staff and the applicant, the peak period for parking at the project site was determined to be 1 :00 PM to 11 :00 PM on Friday and Saturday. . 4. Based upon the City of Lake Elsinore Parking Code requirements (see Appendix B), the vacant building requires 1 parking space per 250 square feet for a total of 52 parking spaces (13,000 x (1/250)) (see Table 1). 5. Based upon the peak period parking counts, the maximum number of occupied parking spaces at the project site during the peak period is 566 parked vehides on Friday from 8:00 PM to 8:30 PM and 456 parked vehldes on Saturday from 8:00 PM to 9:00 PM. this Is a maximum parking occupancy of 62 percent (566/918) and 50 percent (456/918), respectively. 6. As indicated in Table 4, a maximum number of 566 parking spaces are occupied during the peak hours. The number of parking spaces required by the City of Lake Elsinore Parking Code for the vacant building is 52 parking spaces. The number of parking spaces currently provided by the entire project is 918 parking spaces. A maximum of 618 parking spaces are required to provide sufficient parking, the project currently provides 918 parking spaces. 7. Sufficient on-site parking is provided by the project based upon the parking analysis (see Table 4). It has been a pleasure to serve your needs on this project. Should you have any questions or if we can be of further assistance, please do not hesitate to call. Sincerely, KUNZMAN ASSOCIATES KUNZMAN ASSOCIATES QJ P-j)J.).. Carl Ballard Principal Associate William Kunzman, P.E. Principal Professional Registration expiration Date 3-31-2008 #4118 .... ..__ _..__... ___ ._. _.... .~.."" - '_" .-0" -. .-.-.- .- -_.e3 Agenda Item No. 22 Page 74 of 128 Table 1 Mission Trail Project Parking Spaces Required by City Code Units TSF Parking R ulred 52 1 TSF _ Thousand Square Feet I The vacant building has llI'l esllmat8d floor fod8ge err 13,000 square feel The generaJ carMl8IdaI p&Itdng code IS appIed because err the WlC8rtBIn fWll8l8nd use. 4 Agenda Item No. 22 Page 75 of 12tl FerIod A\ollIIIabIe 1:00 PM-1:30 PM 1:30 PM - 2:00 PM 2:00 PM. 2".30 PM 2:30 PM. 3:00 PM 3:00 PM - 3:30 PM 3:30 PM - 4:00 PM 4:00 PM - 4:30 PM 4:30 PM -11:00 PM 5:00 PM - 5:30 PM 5:30 PM - 6:00 PM 6:00 PM. 6:30 PM :30 PM - 7:00 PM 7:00 PM- 7:30 PM 7:30 PM. 8:00 PM 8:00 PM- 8:30 PM 8:30 PM - 9:00 PM 9:00 PM - 9:30 PM 9".30 PM. 10:00 PM 10:OOPM-1G-.30PM 1. PM-11:OOPM T'" 2 FrIdaV (......", 1,2001) Plrldna COld Numb8t ~ GI Number ~ GI GI OccupIed GI OccupIed PIrIIId P8ItdrO Pllr\IICI P8ItdrO 24~ 26% 26% mr. mr. 2K 29% a1~ ~ 3K 42% 4ft 51~ - 62%. . . Malinun lUl'Iber GI occupIecIlB1dnlIlIlICeS -1166 ""**- fnIm 11:00 PM to 1:30 PM 5 Agenda Hem" No. 22 Page 76 of 128 AI 1:00PM-1:30PM 1:30 PM - 2:00 PM 2:00 PM. 2:30 PM 2'.30 PM - 3:00 PM 3:00 PM - 3:30 PM 3:30 PM - ...110 PM ...110 PM - 4:30 PM 4:30 PM - 5:00 PM 5:00 PM - 5:30 PM 5:30 PM - 6:00 PM 6:00 PM - 6:30 PM 6:30 PM- 7:00 PM 7:00 PM - 7:30 PM 7:30 PM - 8:00 PM 8:00 PM - 8:30 PM 8:30 PM - 9:00 PM 9:00 PM-9:30 PM 9".30 PM- 10:00 PM 10:00 PM - 10:30 PM 10' PM-11. PM TIIbIe 3 &8b.I'day (JIrUIIY 2, 2001) parking CcHn Number % cI cI QcQ4lied PIrklId ~ Vi NlIIlblr % cI Noolber % cI Number ~ cI NlIIlb8r % cI cI ~ d QcQ4lied cI ()cQClIed cI ()cQClIed PIIII8d. .P8rlcIng PIIII8d ParIdnQ PIIII8d I'IrIq PII1l8cI ParIdnQ ~ ~ 29% 31% 33% 84% 32'Ifo mr. 44% 44% 43% 40% 44% *" lIO'Ilt . lIO'Ilt . . . MIldmum runber cI occupled pMdng 8PIC88 - 456 veticIeI tom 8:00 PM 10 9:00 PM 6 Agenda Item No. 22 Page 77 (if 1~a Table 4 Parking Demand summary Parking 52 566 618 918 , See Table 1. Z See Tables 2 8Ild 3. 7 Agenda Item No. 22 Page 78 of i 28 " Agure 1 Project Location Map I'; I'::" ',.(' . ! l~' ;'i:: , ~ i Kunzman Associates 4118/1 8 Agenda Item tJo. 22 Page 79 of 1 ~8 Figure 2 Trevi EntertaInment Center Site Plan .. Kunzman Associates 4118/2 . 9 Agenda Item No. 22 Page 80 of 128 Figure 3 Parking ZoneMCilp ...~ @ - Parkklg. ZOne - - Par1<iIg Zone Bound<<y Kunzman Associates 4118/3 Agenda Item No. 22 Page 81 of 128 10 '~.. . I I 1 I APPENDIX A Glossary of Transportation Terms Agenda Item No. 22 Page 82 of 128 GLOSSARY OF TRANSPORTATION TERMS COMMON ABBREVIATIONS AC: ADT: Caltrans: DU: ICU: LOS: TSF: V/C: VMT: TERMS Acres Average Daily Traffic California Department of Transportation Dwelling Unit Intersection Capacity Utilization Level of Service Thousand Square Feet Volume/Capacity Vehicle Miles Traveled AVERAGE DAILY TRAFFIC: The total volume during a year divided by the number of days In a year. Usually only weekdays are Included. BANDWIDTH: The number. of seconds of green time available for through traffic In a signal progression. BOTTLENECK: A constriction along a travelway that limits the amount of traffic that can proc8ed downstream from its location. CAPACITY: The maximum number of vehicles that can be reasonably expected to pass over a given section of a lane or a roadway in a given time period. CHANNELIZATION: The separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands, or other suitable means to facilitate the safe and orderly movements of both vehicles and pedestrians. CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all red interval after the end of a yellow, then that is also added into the clearance Interval. CORDON: An imaginary line around an area across which vehicles, persons, or other Items are counted (In and out). CYCLE LENGTH: The time period in seconds required for one complete signal cycle. Agenda Item No. 22 Page 83 of 128 ._~. ... ---.----... ., CUL-DE-SAC STREET: A local street open at one end only, and with speclal provisions for turning around. DAilY CAPACITY: The daily volume of traffic that will result in a volume during the peak hour equal to the capacity Qf the roadway. DELAY: The time consumed while traffic is impeded In its movement by some element over which It has no control, usually expressed In seconds per vehicle. DEMAND RESPONSIVE SIGNAL: Same as traffic-actuated signal. . DENSITY: The number of vehicles occupying In a unit length of the through traffic lanes of a roadway at any given Instant. Usually expressed In vehicles per mile. DETECTOR: A device that responds to a physical stimulus and transmits a resulting impulse to the signal controller. DESIGN SPEED: A speed selected for purposes of design. Features of a highway, such as curvature, superelevation, and sight distance (upon which the safe operation of vehicles Is dependent) are correlated to design speed. DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any point In time. DIVERSION: The rerouting of peak hour traffic to avoid congestion. FORCED FLOW: Opposite of free flow. FREE FLOW: Volumes are well below capacity. Vehicles can maneuver freely and travel Is unimpeded by other traffic. GAP: Time or distance between successive vehicles In a traffic stream, rear bumper to front bumper. HEADWAY: Time or distance spacing between successive vehicles in a traffic stream, front bumper to front bumper. INTERCONNECTED SIGNAL SYSTEM: A number of Intersections that are connected to achieve signal progression. Agenda Item No. 22 Page 84 of 128 LEVEL OF SERVICE: A qualitative measure of a number of factors, which include speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operating costs. LOOP DETECTOR: A vehicle detector consisting of a loop of wire embedded in the roadway, energized by alternating current and producing an output circuit closure when passed over by a vehicle. MINIMUM ACCEPTABLE GAP: Smallest time headway between successive vehicles in a traffic stream into which another vehicle is willing and able to cross or merge. MULTI-MODAL: More than one mode; such as automobile, bus transit, rail rapid transit, and bicycle transportation modes. OFFSET: The time interval in seconds between the beginning of green at one intersection "and the beginning of green at an adjacent intersection. PLATOON: A closely grouped component of traffic that is composed of several vehicles moving, or standing ready to move, with clear spaces ahead and behind. ORIGIN-DESTINATION SURVEY: A survey to determine the point of origin and the point of destination for a given vehicle trip. PASSENGER CAR EQUIVALENTS (PCE): One car Is one Passenger Car Equivalent. A truck is equal to 2 or 3 Passenger Car Equivalents in that a truck requires longer to start, goes slower, and accelerates slower. Loaded trucks have a higher Passenger Car Equivalent than empty trucks. PEAK HOUR: The 60 consecutive minutes with the highest number of vehicles. " PRETIMED SIGNAL: A type of traffic signal that directs traffic to stop and go on a predetermined time schedule without regard to traffic conditions. Also, fixed time signal. PROGRESSION: A term used to describe the progressive movement of traffic through several signalized Intersections. Agenda Item No. 22 Page 85 of 128 SCREEN-LINE: An imaginary line or physical feature across which all trips are counted, normally to verify the validity of mathematical traffic models. SIGNAL CYCLE: The time period in seconds required for one complete sequence of signal Indications. SIGNAL PHASE: The part of the signal cycle allocated to one or more traffic movements. STARTING DELAY: The delay experienced In Initiating the movement of queued traffic from a stop to an average running speed through a signalized Intersection. TRAFFIC-ACTUATED SIGNAL: A type of traffic signal that directs traffic to stop and go in accordance with the demands of traffic, as registered by the actuation of detectors. TRIP: The movement of a person or vehicle from one location (origin) to another (destination). For example, from home to store to home Is two trips, not one. TRIP-END: One end of a trip at either the origin or destination; i.e. each trip has two trip-ends. A trlp-end occurs when a person, object, or message is transferred to or from a vehicle. TRIP GENERATION RATE: The quality of trips produced and/or attracted by a specific land use stated In terms of units such as per dwelling, per acre, and per 1,000 square feet of floor space. TRUCK: A vehicle having dual tires on one or more axles, or having more than two axles. UNBALANCED FLOW: Heavier traffic flow In one direction than the other. On a dally basis, most facilities have balanced flow. During the peak hours, flow Is seldom balanced In an urban area. VEHICLE MILES OF TRAVEL: A measure of the amount of usage of a section of highway, obtained by multiplying the average dally traffic by length of fadllty In miles. Agenda Item No. 2~ Page 86 of 128 APPENDIX B City of Lake Elsinore Parking Code Requirements Agenda Item No. 22 -Page 87 Of 128 CITY OF LAKE ELSINORE ZONING CODE CHAPTER 17.66 "PARKING RRQJJIREMBNTS" . SECTIONS: 17.66.010 Purpose 17.66.020 General Provisions 17.66.030 Number of Parking Spaces Required 17.66.040 Size of Parking Spaces and Required Aisle Widths 17.66.050 Loading Space RequirementS . 17.66.060 Drive Through Establishments 17.66.070 Sh2red and Off-Site Parking 17.66.080 Citculation and Parking Space Layout 17.66.090 Sur&cc of Parking .Areas 17.66.100 Landscaping 17.66.110 Lighting 17.66.120 Parking Lot Permit 17.66.130 Parking and Storage of Commercial Vehicles 17.66.140 Parking and Storage in Residential Zones ~ 17.66.010 ~sc. The purpose of this section is to provide sufficient off-street parking and loading spaces for all land uses and to assure the provision and maintenance of safe, adequate and well-designcd off-street parking facilities. It is the intent of this section th2t the number of parking spaces shall be in proportion to the need created by the particular type of use. 1be standards for parking &ci1ities are intended to reduce street congestion and traffic hazards, promote vehicular and pedestrian safety and efficient land use. Off-street parking and loading areas shall be established in a manner which will promote compatibility between parking &.ci1ities and surrounding neighborhoods, protect property values and enhance the environment through good design by providing such amenities as landscaping, walls. fenci.og and setbacks, improve the appeamnce of parking lots, yards. uncovered sales areas and buildingS, control heat, wind and air pollutants, minimize nuisances, and promote aesthetic values and the general well-being of the residents of the City. Off-street vehicle parking shall be provided in accordance with this section when the building or structure is constructed or the use of established additional off-street parking shall be provided in accordance with this section if an cmting building is altered or dwelling units, apartments or guest rooms are added, or a use is int.enAified by the addition of Boor space or seating capacity, or there is a change of use, at the time of such altctation, addition, intensification or change of use. Section 17.66.020 Genmal Provisions A. All required parking and loading spaces and driveways shall be maintained in good condition and available for its intended use as long as the use for which it was required continues to operate or exist. Except in residential districts, inside a garage, no storage shall encroach into required parking or loading space or driveway and no vehicles shall be continuously parked in these areas, and all vehicles so parked shall be operable and have current registration. B. Where automobile parking spaces are provided and maintained on a lot in connection with a St:l'UCtllte, at the time this O1apter became effective, are insufficient to meet the requirements for the use with which they are associated. or where QO such parking has been provided, said structure may be altered or enlarged. or such use may be extended or intensified only if additional automobile parking spaces are Agenda Item No. 22 Page 88 of 128 provided to meet the standards for said use in conformity with the tequircments set forth in this OIaptet, for the eolat:gemcots, extension or addition proposed. C. Where calculations of the number of spaces required results in a fractional number, the next higher whole number shaII be used. D. In cases of mixed use in a building or on a lot, the total requiremcots for off-street parking shaII be the sum of the requirements for the various uses computed separately. E. When a garage is specifically required, or provided to meet required parking, entry doors shall be maintained in an opembIe condition at all times, and no structural alteration or obstruction shall be permitted within the required pUking area which would reduce the number of J:CqWred parking spaces. Use of garages shall be limited to vehicular and general storage purposes only and shall not conflict with any applicable building, housing, or fire Codes. F. Vacant lots, privately owned lots, and parking lots of commercial and industrial businesses shall not be used for the advertising and sale of motor vehicles. boats or trailers, or similar property unless they are duly licensed by the City to do so, except that occupied property may be used for the sale of personal vehicles of the property owners providing not more than one vehicle may be displayed which is not otherwise prohibited by the Chapter and subject to the provision.s of Section 17.94.100(8). G. No vehicle, boat, or ttaiIer shall be parked or stored on any vacant or undeveloped property in any district, with the exception that no more than three (3) DOn-commc:rcial motor vchicIes which are operable. cunaldy licensed and registered to the occupant of an abutting developed residential lot may be parked on undeveloped lots in the R-1 (Single-Family Residential) Zoning District. The portions of the undeveloped lot which are used for parking sha1I be paved prior to any use for parking, unless paving is waived for the primary lot pursuant Section 17.66.090.B. ~ 17.66.030 Num~ gf&rkin&~ Reqpired. The following minimum numbers of off-street parking spaces shall be provided in accordance ~th this Chapter for all new buildings or uses and when any building or use is altered, extended, changed, or intensified: A. In commercial districts and generally for commercial uses, including offices, except in the Commercial Manufacturing District, one (1) parking space shall be provided for each 250 square feet of gross floor area, unless otherwise specified in subsection (D) below. B. In the Commercial-Manufacturing District, one (1) parking space shall be provided for each 400 square feet of unit area up to twenty-thousand (20.000) square feet, pIus one (1) space for each one-thousand (1,000) square feet of unit area over twenty-thousand (20,000) square feet, plus one (1) space for each one-thousand (1,000) square feet of outside sales, display or storage area, unless otherwise specified in subsection (D) below. Parking in this district shall be based on the individual unit size into which a building is divided and the cumulative total of spaces required for the individual units shall be the required parking for a building. C. In Manufacturing Districts, except the CommcrciaI-Manufactuting District, one (1) parking space sha1I be provided fOr each five-hundred (500) square feet of unit area for up to twenty-thousand (20,000) square feet, pIus one (1) space fOr each one-thousand (1,000) square feet of unit area over twenty-thousand (20,000) square feet, and one parking space for every one-thousand (1,000) square feet ofwuehouse floor area, unless specified in subsection (D) below. l..tJ:I EIsiIwtr Zolfilrg CtNk . Ottp/n' 17.66 . Pd", RlfttituNlrll P,. No. 20.1'0 Agenda Item No. 22 _. Page 89 of 128 1. A request to reduce the number of requited parking sptces may be made to the Planning Commission concurrent with Design Review of an industrial project or with a proposed change of use within an industrial building when the applicant determines that the actual number of needed parking spaces is less than that requhed by the code:. A request for a parking determination will be by an established fee and will require a separate application. 2. In order for the Planning Commission to grant a puking detemlination findings shall be made. Said findings may include but shall not be limited to the following: a. A parking study supports the finding that the number of paddng spaces actually needed for a devdopmcnt and/or use is less than that required by the code. b. Adequate off-street parking will be provided for the proposed use. c. Traffic safety and pedestrian safety will not be affected by the modification of the puking tequirements. d. Reduced parking will not affect the health. safety and welfare of the public. Co Alternative transportation programs exist such as ride sharing. mass transit etc... that <<duces the actual number of parking spaces needed. f. Only a prcdetermined portion of the building on the pared is to be occupied. g. Sufficient area exists on-site for expansion of the puking areA should the occupancy or use of the structure change. h. 1ha.t space that would otherwise be declicatcd for parking could be utilized for a pUlpOsc that enhances the project. i. The parking detmnination has been conditioned to insun: compliance with the 6ndiogs and the intent of Section t7.66.030.C.l and 2, and to insun: that additional parking spaces will be provided per code requirements should demand for puking increase on-site. A parking detemlination granting reduced parking requirements may be revoked at anytime if thctc is evidence of insufficient on-site parking. i.e., "spill over" puking onto a public right-of-way or onto an adjaCent lot. Upon n:vocation of a parking determination approval the applicant will be required to submit a new application for a parking determination or provide on-site parking per code requirements. D. For the following uses the minimum number of parking spaces required shall be as specified bdow. The re<J.uircd pulcing shall be the cumulative total for all uses on the same site. 1. For residential uses: a. Single-family detached dwdlings: Two (2) spaces per dwelling unit in a gange. plus two (2) open spaces. which may be located in the driveway in a tandem position, in &ont of the garage door. In lieu of the two (2) open spaces in the driveway, one (1) open space per dwelliog unit, may be provided else where on the lot or in a common areA in a Planned Unit Development. Lah EIsi_ Zotring QM . Ciklptw t 7.66 . P""",<< IUfllifUtllfls P9No. J 01'0 c Agenda Item NO. 22 F'age 90 of 128 b. For multi-family and attached single-family dwdlings, duplcxes: 1) For studio and ODe bedroom units: one (1) covered space, plus two-thirds (1./3) opcn space per dwelling unit; 2) For two or more bedrooms: one (1) covered space, plus one and one-third (1-1/3) open space per dweUingunit. . 2. Auditoriums, churches, theaters and places of assembly: One (1) space per each tbrc:e (3) seats. Where thete are no fixed scats, one (I) space per twenty-one (21) square feet of floor area in places of assembly. Where fixed seats consist of pews or benches eighteen (18) lineal inches of pew or bench shall be considered one (1) seat. 3. BoanUngho\lSCS, fraternities and group living quarters: One (1) space per resident. 4. Bowling alleys: Four (4) spaces per Jane. 5. Oubs, discos, ballrooms, cabarets, cocktallloungcs. dance halls. lodges. and incidental dancing areas and similar facilities where dancing is the principal use of the area: One (1) parking space for every thirty (30) square feet of dance floor area. plus requited parking for any dining. assembly or office uses. 6. Game courts, such as tA:nnis and racquetball: two (2) spaces for each court. 7. Golf courses: Four (4)"spaces per hole. 8. Golf driving ranges: One (1) space per tee. 9. Hospitals. llCIlte care: One (t) space per licensed bed. 10. Hospitals. convalescent and sanitariums, nursing homes, rest homes. retir:ement homes and similar establishments: One (1) space for each tluee (3) licensed beds. 11. Hotels and motels: One (1) space per room or suite, plus one space per every three (3) employees on the largest work shift, plus one (1) space per three (3) pctSons to the maximum capacity of each public meeting and/or banquet room. plus fifty pcrcc:nt (50%) of the spaces otherwise required for accessory uses (e.g. restaurants and bars). 12. Outdoor display, sales, and storage areas: One (1) space for each one-thousand (1,000) square feet. 13. Restaurants and other eating. drinking. and food establishmcnts: One (1) space for each forty-five (45) square feet of customer area, plus one (1) space for each two-hun.dfed (2(0) . square feet of non-custOmer area. 14. Schools, privatA:: L Elementary and junior high: One (1) space per tA:acher and staff member, plus one (1) space per two (2) classrooms; Lah EbitrOtr Zt1,,;ttg (AJ, - ChttpIfr 17.66 . PtlTJUttg RMJ.m-u P.,. Nil. 4 t1f10 -Agenda-Item No. 22 Pa9..e 91 of 128 b. Senior high: One (1) space per teacher and staff member on the latgcst shift, plus five (5) spaces for every classroom; c. College: One (1) space per staff member on the largest shift, plus 1m (10) spaces per classroom; d Commercial or ttade schools: One (1) space per two (2) students. plus one (1) space per employee (mcluding &culty) at capacity class atlmdance period; Co Day Care/Pre-school: One (1) space for each employee plus one (1) space for each tal. (10) children the facility is designed to accommOdate. 15. Vehicle repair and service: Three (3) spaces for each service bay, plus one (1) space for each two-hundred- fifty (250) square feet of office. sales. and storage areas. Section 17.66.040 Size of ParkiQr ~llces and Req}llred Aisle Width. A. Parking spaces shall have the following minimum clear dimensions and aisle width as indicated below: Space (10 feet) Aisle Width (10 feet) 30 45 60 90 District Width(t) Length(z) deg. deg. deg. deg. Residential-covered(3) 10 Residential-uncovered 9 lndustrial-Commercial 9 Industrial-Commercial(.) Compact 8 Reacational V chicle 10 ParalldSpaces 8 20 28 18 12 15 18 24 18 12 15 18 24 15 12 15 18 24 30 15 18 21 28 23 t. Open or uocovcred IJII"' with side abutting a wall, buiIdiDg. fClKle, or othcc obIttuction IhaII be two feet (2') wider than the ItUIdard rcquin:d width. 2. Parking lpace length may include a two-foot (2') aI10nncc for vchidc ovcdwIg or a IaAdacapcd -. 3. The tequind dimeosioaa of. garage or carport shaD be measured from the Intaior of the garage or carport. 4. ^ maximum of tweoty-five pm:mt (25%) of the totalnumbcr of puIdog spaces, In ~ And iadustdal devdopmcoa of IIIO~ than twenty (20) pukiDg IpKCI may be compact IpICCL Compact spaces are aotpeanitled In IesidcntIIldevdopmeDa. Compact IpKCI sbd be grouped together in Iogica1 bJodcs. equaIlydisttibuted duoughout a puking lot. IUbjcct to the appcoval of the Community Dcvdopmcnt Dltector. aDd abaJl be deuly awbd "Compact Cars 00Iy". . 5. FlK multi-car garages or carpora the minimum width for padciag lalla IhaII be nine and ooe-haIf feet ~.1/'l). B. In commercial districts and for commezcial uses, all puking spaces shall be striped with double lines two feet (2) apart separating spaces. c. Parking for the handicapped shall be provided in accocd2nce with state requirements. s=o.n 17.66.050 T .Illldinr ~ ~ents. An buildings which are newly constructed, altered with respect to use or occupancy or expanded shall be provided with off-street loading spaces per the following schedule: Ldu EJs;"m Z,,,;trg CoM . 0ttpIn- 17.66 . p~ P..f1lirr.",1I P,.,N.. S '!I 10 Agenda Item No. 22 Page 92 of 128 A. Square Feet of Unit Space (Gross Floor Ama) Loading Space. Required 1 Type A 1 Type B Commercial Uses 12.000-20,000 over 20,000 Manufacturing Uses (Including all uses in the C-M District) under 7,500 7,500-15,000 15,001-25,000 25,001-40,000 40,001-50,000 For each additional 50,000 1 Type A 1 Type B 2 Type B 2 Type C 3 Type C 1 Type C 1. Loading spaces shall be provided for each individual unit in accordance with the sizes listed. B. Minimum specifications for loading spaces: Length Width Vettica1 Clearance Type A Type B Type C 20 feet 40 feet 55 feet 12 fcet 12 feet 12 feet 14 feet 14 feet 14 feet C. Loading spaces shall not encroaCh into any drive aisle or other required spaces. D. Wherever a loading space is located adjacent to parking spaces there shall be I. protec:tive landscaped buffer I. minimum of five feet (S~ wide separating the two. B. Loading spaces shall be located and designed such that uucks shall not need to maneuver or back onto a public street or alley. ~ 17.66.060 Drive-Thro~ Esmblishments. NotwithsWlding any other provisions of this Chapter, additional vehicle storage spaces shall be provided for all esmblishments having vehicle pick-up windows as follows: A. A drive-through lane with minimum storage for eight (8) vehicles shall be provided at twenty feet (20~ per vehicle. B. The drive-through lane shall be designed such that it will not interfere with free and orderly circulation of the parking lot. C. The drive-through lane shall not encroach upon or block driveways or parking spaces and shall be separated from adjoining driveways, parking spaces, and property lines by a landscaped planter a minimum of five feet (S, in width. Lzl:I ElsituJ" ZO";IIg CoJI- Cbttp/Ir 17.66 - ParAlitrg RlfMil'll/Hlfu Page No. 601'0 " Agenda Item No. 22 P~ge 93 of 128 ~ 17.66.070 Sbam1 aDd Off-Site fadsiDg. The Planning Commission may approve a Conditional Use Petrn.it to allow the use of shued and off-site parking requirements to reduce the tot2l number of required on-site parking spaces for different uses when and also to allow sharing of loading spaces when the following requirements have been complied with: A. A parking study addressing the potential peak parking demand and an actual parking survey of the parldng facility under consideration shall be submitted. B. Sufficient evidence shall be presented demonstrating that no substantial con8ict in the principal hours or periods of peak demand for the strUctUreS or uses for which the joint use is proposed will aist. C. Parties concerned in the use of shared or off-site parking facilities shall provide evidence of agreements for such use by a proper legal insuu.ment. which shan be recorded in the Office of the County Recorder with two (2) copies thereof filed with the Planning Division as a condition of any approval. D. In no case shall the total parking reduction be allowed to exceed fifty pel:CCDt (SOO/o) of the total puking for all uses combined. E. Any off-site parking shall be located so that it will adequately serve the use for which it is intended, with safe and convenient access without unreasonable hazard to pedestrian, vehicular traffic, or traffic congestion and shall not be detrimental to the use of any business, property or residential neighbodwod in the vicinity. Sto!ttion 17.66.080 Circulation.and Pulcini Space ~yout. An parking areas shall be designed as follows: A. The location and dimensions o~ aisle areas adjacent to parking spaces shall be arranged in accordance with the minimum parIdng standards required by this O1aptcr. B. For all uses other than one-family and two-family dwellings located in residential districts, parking shall be arranged so as to pcnnit vehicles to move out of the parking area without backing onto a street. No tandem spaces shall be allowed, except for one-&mily and two-family dwellings. C. No two-way drive aisle shall be less than twenty feet (20'). No one-way drive aisle width shall be less than twelve feet (12~. D. An parking shall be designed to provide complete and through circulation wherever possible. In any case, adequate turning ndii and turnarounds shall be provided for emergency vehicles and trash and delivery trUcks. E. Parking spaces should be located within one-hundred-fifty feet (1 SO, of the use which they are intended to serve. F. For any structure: which extends above a drive aisle, the minimum vertical clearance shall be fourteen feet (14'. ~ 17.66.090 ~ affmiDI AGa. The following standards shall apply to all parking areas required by this Chapter: A. The flooring material for guages and carports in all districts shall be portland cement conacte. LW E/sWnr ZotIing CwII- CINtptIr 17.66 . P,lW<< RIf,,;rrlWllfls PttgfN",7oJ'O Agenda Item No. 22 Page 94 of 128 B. All parking and loading spaces and driveways shaD be paved and maintained in good and safe condition and sha1l be so graded and drained as to dispose of all surface water and to prevent water from running off onto adjoining property without the permission of the owner of that property. Paving of driveways for single_family residences may be waived where street improvements are not installed. Drainage courses and swales in parking lots shall be paved with concrete. All asphalt parking lots shaD receive a seal coat. C. Except for single-family and twcrfamily residences all off-street parking and loading spaces shall be marked by white stripes not less than four inches (4j wide painted on the sur&ced arel&, or by similar means as approved by the Community Development Director. ~ 17.66.100 Lan~P4 Wherever any parking area, except for singIc-&mi1y dwellings. is provided landscaping consisting of trees, shrubs. vines. ground covet'. or combinations thereof, and permanent hrigation shall be installed and permanendy maintained in accordance with the following standards: A. Where any parking area ordrivcway abuts a street there shall be a minimum setback of fifteen feet (15~ and an average of twenty feet (20~ from the public right-of-way. which shall be fully landscaped and itrigated unless a greater setback is required by any other provision of this TIde. B. Where any parking or driveway areas which are intended to serve a coIllJIlCldal or industrial use abuts a residential district a minimum ten-foot (10~ wide landscaped planter conuining evergreen treeS spaced not more than thirty feet (30~ apart shall be provided. In addition, a masonry wall a minimum of six feet (6~ in height shall also be constructed along the property line adjacent to the residential district. C. Where any parking or driveway abuts a residential or commercial district a landscaped planter a minimum of five feet (5' in width shall separate the parking area or driveway from the property line, unless a greater setback is required by any other provisions of this TIde. D. Intcrnallandscaping in addition to subsection (1). (2). and (3) above. and equal to a minimum of five percent (5%) of the parking and driveway areas is required and shaD be distributed throughout the parking area. E. Alllandscapc planter beds in interior parking areas shall be not less than five feet (5~ in width and homered by a concrete curb not less than six inches (6j nor more than eight inches (8j in height adjacent to the parking surface. F. Parking and driveway areas in commercial and residential zories shall be separated from buildings by a landscaped planter. G. Where a drive aisle abuts the side of a parking space a landscaped planter shall separate the parking space from the drive aisle. H. At least one (1) fifteen (15) gallon tree shall be provided within the parking area for every ten (10) parking spaces. 1. Any unused space resulting from the design of the parking area shaD be used for landscape purposes. J. The height of boundary or interior landscaping shall be limited to a height not to exceed three feet (3~. or in the case of trees. no branch shall be below six feet (6'. when within fiEtccn feet (15~ of the point of intcnec:tion of: LtW Eim.", ZOtIittg CINk . Chap#r 17.66 . PIrii. RMjIlitumUt p. No. 80/'0 Agend~ ..ltern-N6'.22 Page 95- of -128 1. A vehicular ttafficway or driveway and a street; 2. A vehicular ttafficway or driveway or sidewalk; 3. Two (2) or mon: vehicular trafficways or driveway or stieets. K. Maintenanee. Required landscaping shall be maintained in a neat, clean. and healthy condition. This includes pruning. mowing of lawns, wc:eding, n:moval of litter, fertilizing, replacement of plants where necessary, and the regulat watering of aU plant materiaL ' Section 17.66.110 ligJttirl&. Adequate parlcing lot lighting for security purposes shall be required and mainmined to effectively illuminate the parking area of aU developments, except for single-&mily and duplex dwellings. Lighting shall be located and designed so as to preclude the direct glare of light shining onto adjacent property, sttccts, or into the sky above a horlJontal plane passing through the luminain:. Scaiw:l17.66.120 &rkiDg Lat fcJ:mit R~. Prior to the occupancy of any building or property except a single-family residence. an approwl of a puking lot plan shall be obtained from the Planning Division. The parking lot plan shall be required to contain the following information, which may be provided on separate or multiple sheets. A. Name, addn:ss, and location of the development; B. Scale, north arrow, and vicinity map showing closest major streets and distances to cross streets on each side; C. Property lines and lot dimensions; D. Location and width of all casements; E. Footprint of all structures and any overhangs or projectioos; F. Location of all entrances and loading doors; G. Location of all curbs and wheel'stops; H. Location, typical dimcosions, and type of surfacing for all driveways, puking and loading spaces, and thickness of the paving; I. Location of all trash enclosures, uansfonners, and any equipment outside a building; J. Striping plan; K. Location and type of any lighting fixtures; L Location and types of any signs; M. Gnding and drainage plan; N. Landscaping and irrigation plan; Lah EIsitIDfr ZDIIi"l C4M - Clktplrr 17.66 - Ptriitrg RltjllirrMtllJ P.No.9ofl0 .. -. -Agenda Jtem No. 22 ......, ~~. > ~-----8aga96 of 128 O. Statistical SurnnJar)' of the project including total gross square feet of each building and the total sqU21'e feet, the nwnbcr of covered, standard, and compact parking spaces, and the total nwnber of puking and loading spaces. Section 17.66.130 Parki!lr and Sto~~ of Commercial Vehicles. A. Definition: For the pw:pose of this section "commercial vehicle" shall mean sclf.propeJkd vehicle used or maintained for the transportation of persons for bite, compensation or pro6t or used and maintained primarily for the transportation of property including, but not limited to, tmctors, vans, trailers, pancl trucks, dwnp trucks, but excluding vans and pickups with wheel bases less than onc-hunc:hed.6fty inches (150"). B. Restrictions: 1. Parking or storing of commercial vehicles in residentW districts for any length of time is prohibited, except that commercial vehicles may park for the purpose of making pickups and deliveries of materials and merchandise from or to any building or site. 2. Commercial vehicles shall not be parked or stored on vacant or undeveloped property in any district. Section 17.66.140 Parkinaand Sto~ in.Residential Zones. A. When a garage is speci6cally required, entty doors shall remain operable at all times, and no structural alteration or permanent obstruction shall be pcmUttcd within the required parking area. Use of garages shall be for vehicular and general storage purposes only, and shall not conflict with any applicable building, housing and fire Codes. B. Motor vehicles, trailers, boats, and similar equipment may be parked within the requited front yard setback only in a driveway or parking space which conforms to City Standards. They shall not otherwise be parked in the required front yard setback. They may be parked behind the required front yard setback or in a side or rear yard only if they are screened from adjacent properties and the public right.of-way by a solid fence, wall, or gate a minimwn of six feet (6' in height. C. No habitation of a trailer, camper. or recreational vehicle shall be allowed except in duly approved camping areas. uk" EIsi"", ZO";"l CoM- CbttpIrr 17.66 - Ptriitrg RuJlIin11mIts P,<<, NtJ. '001'0 Agenda Item No. 22 Page 97 of 128 DEG~ 1 ~-'JUU~ I Co u UI: Ul:4ti PM .... .j ( .,~ .~ '-S) 'Q ~ ~ ..: ;:} :~.:.. , i.-. .- 1IllI'" - oR -..- ...... ...-. .... ........ 7~-= 4., of ' 1." 117 ... .-.. ~ ~ COUIlSa.ou-. me., ~ .......... - ....... .. ....' .- ...... ....."'... _. ..... t-'" .......... .. ...._.)0 ... ,,- -""". . -.-...... - - .. .... ..... ... -- ..... -.. lUoUJaA "801" (".c.~~CUI: CJOl1..~.....11 ...Cen,a w .. ..I.......). ~1&'Dl. ~, 1'~ao1t ~ o.,...,-.le ... 'x.ab411.. D.,..qull., 1a,,:I:v!,s-1.1y. .. ,-.1t__ all" till.... ,olA'l .....-t. -' .. _aMI"" of ~\all ..~a!1l ~EU,a1: ..._..... ..._ ... 19'" ......... 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J! , 0' 1 . \ \ Ii l.t \J81, @! 51 .,Ie ~ ~~ t t \1 ',- ::. ~ 1i' i ~ .., ;i~~!t , - - 22 "d. Item No. Agen a 112 of 128 Page Attachment 7 ~~CC~D\\f~lQ) For: Lake Elsinore Planning Department Attention: Tom Weiner (planning manager). Date: 2-4-08 FEB 2 1 2008 CITY OF LAKE ELSINORE PLANNING DIVISION Project Number: 2007-01 Project Type: Conditional Use permit. Project: For the existing Trevi Bowling and Entertainment facility located at 32250 Mission Trail, Lake Elsinore, CA 92530 Applicant: Michael Knight The following are responses from comments pertaining to Planning Department regarding this plan. 1. General Information concerning "Live Entertainment": a) Proposed types of entertainment have been reflected on floor plans as requested. b) Entertainment areas have been reflected as requested on floor plans. c) Locations of live. entertainment areas are to be conducted have been reflected on floor plans. d) Live entertainment operates from 9:00 pm - 12:00 midnight. e) Alcohol shall.be served from designated bar areas. Bar areas are reflected on floor plans. f) About 12 staff personnel shall be present with additional 10 more security people. 2. The patio/trellis structure was originally reflected in the approved plans, except it was reflected in the wrong location. A separate drawing reflects current condition. 3. Parking study has been performed and shall be submitted to the city as requested. 4. Shall comply with uniform signage program per city request. 5. Front area has been revitalized. 6. Modifications of previous arcade area have been modified and are currently reflecting "entertainment and bar" on floor plans. Square footage has also been listed and times of operation are 9:00 pm to 12:00 midnight. 7. letter of authorization shall be acquired and submitted for CUP. Agenda Item No. 22 Page 113 of 128 c~ fZ'" . ~.?=", tl.E T.::lC. pi . LAKE ELSINORE FIRE CONDITIONS OF APPROVAL Trevi (Illusions Night Club) CUP 2008-09 Apri12,2008 General Conditions 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 Rive(side County Ordinances and/or recognize fire protection standards: ' MIN REO FIRE FLOW Minimum required fire flow shall be 4000 GPM for 4 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 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 350 feet between hydrants and have a maximum distance of 210 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 adjacent hydrants (s) in the system. RAPID ENTRY KNOX BOX Rapid entry 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 WATER CERTIFICATION 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 4000 GPM fire flow for a 4 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. PRIOR TO BUILDING FINAL INSPECTION FIRE LANES 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. PUBLIC TYPE BUILDINGS SUPER FH/FLOW Agenda Item No: 22 Page 114 of 128 Minimum required fire flow shall be 4000 GPM for 4 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 typeV-B construction per the 2007 CBC and building(s) having a fire sprinkler system. The average spacing between Super fire hydrant (s) (6" x 4" x 2 Vi" x 2 Vi ") shall be not exceed 350 feet between hydrants and have a maximum distance of 210 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. SPRINKLER SYSTEM Install a complete fire sprinkler system per NFPA 13 2002 edition (130 and 13R system are not allowed) 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. 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 ofthe building plans. (Current sprinkler plan check fee is $614.00 per riser) VOICE FIRE ALARM 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) LOW LEVEL EXIT SIGN Door - level exit signs, exit markers and exit path marking shall be installed per the Califomia Building Code. EXTINGUISHERS 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. HOOD DUCTS A U.L. 300 hood duct fire extinguishing .system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. system must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre-existing alarm system must be connected to the extinguishing system. (*separate fire alarm must be submitted for connection) (Current plan check fee is $215.00) TITLE 19 Comply with Title 19 of the California Administrative Code. "- Agenda Item No. 22 Page 115.of 128 LAKE ELSINORE FIRE CONDITIONS OF APPROVAL Trevi (l\Iusions Night Club) CUP 2008-09 April 2, 2008 General Conditions 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: MIN REQ FIRE FLOW Minimum required fire flow shall be 4000 GPM for 4 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 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 350 feet between hydrants and have a maximum distance of 210 feet from any point on the street or road frontage to a hydrant as measured along approved v~hicular travel ways. The required fire flow shall be available from any adjacent hydrants (s) in the system. RAPID ENTRY KNOX BOX Rapid entry 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 WATER CERTIFICATION 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 4000 GPM fire flow for a 4 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. PRIOR TO BUILDING FINAL INSPECTION FIRE LANES 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. Agenda item No. _22 Page 116 of 128 PUBLIC TYPE BUILDINGS SUPER FH/FLOW Minimum required fire flow shall be 4000 GPM for 4 ho~r duratio~ a~ 20 PSI residual. ope~ating. pressure, which must be available before any combustible f'!1a~enalls pl~ced ~n the J.ob site. Fire flow is based on typeV-B construction per the 2007 CBC and bUlldlng(s) having a fire spnnkler system. The average spacing between Super fire hydrant (s) (6" x 4" x 2 %" x 2 %") shall be not exceed 350 feet between hydrants and have a maximum distance of 210 feet from any point on the street or ~oad frontage to a hydrant as measured along approved vehicular travel ways. SPRINKLER SYSTEM Install a complete fire sprinkler system per NFPA 13 2002 edition (130 and 13R system are not allowed) 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. 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) VOICE FIRE ALARM 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) LOW LEVEL EXIT SIGN Door - level exit signs, exit markers and exit path marking shall be installed per the California Building Code. EXTINGUISHERS 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. HOOD DUCTS A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must pr~vide automatic shutdown of all electrical components and outlets under the hood upon activation. system must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre-existing alarm system must be connected to the extinguishing system. (*separate fire alarm must be submitted for connection) (Current plan check fee is $215.00) 'Agenda Item No. 22 Page 117 of 128 TITLE 19 Comply with Title 19 of the California Administrative Code. Agenda :tern No. 22 Page 118 of '128 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MAY 6,2008 Also present w Manager Wein~r, Seumalo, Planning Planner Associ CALL TO ORDER: Chairman O'Neal called the regular Planning Com 6:13 p.m. PLEDGE OF ALLEGIANCE: Commissioner Flores led the Pledge of N ROLL CALL PRESENT: COMMISSIONER ABSENT: CONSENT C PUBLIC HEARING ITEMS 8. Conditional Use Permit No. 2008-09; A request to establish a live music, dancing, and entertainment venue within the restaurant of an existing Bowling and Arcade Facility located at 32250 Mission Trail (APN: 365- 040-024) Chairman O'Neal opened the Public Hearing at 8:00 pm. Agenda Item No. 22 Page 119 of 128 PAGE 2 - PLANNING COMMISSION MINUTES - MAY 6, 2008 Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Manager Weiner to review it with the Commission and answer questions. Planning Manager Weiner provided an overview of the project and stated that the applicant is requesting Conditional Use Permit (CUP) approval for the establishment and operation' of a live music, dancing, and entertainment venue within the existing restaurant portion of the building. He discussed the interior improvements that would be made, and parking and circulation and stated that the Conditions that were recommended include security measures, hours of operation, alcohol related items, and site maintenance. indicated that staff received one (1) letter in opposition to this, which ,istributed to the Commission. r Weiner if the landscaping can be ,'at a request can be made to the Landlord to Director of the City can re. velopment Presidendanz indicated to Mr. Knight that Enforcement to handle the security. Mr. Knight stated that for approximately 6 months, the Lake Elsinore Elks Club has been utilizing the back area of the building that was the children's arcade (approximately 8,000 square feet), at no cost, because their building burned. He continued by stating that they can continue to use it free of charge until they rebuild and is requesting that this space be used for future events such as weddings, public events, live. entertainment for concerts, etc. because there is a need for a facility of this size for various functions. Agenda Item No, 22 Page 120 of 128 PAGE 3 - PLANNING COMMISSION MINUTES - MAY 6, 2008 REQUESTS TO SPEAK Alfredo Garcia, Lake Elsinore, California, stated that he and other associates have been involved in the preparation of the blueprints for Trevi Center. He indicated that they have been reviewing the requirements and they are doing their best to meet all the requirements. He stated that he understands that the City Council, the Planning Commission, and staff would like to do what is best for the City and its community and they also share that vision. Alexis Cossna, representing the Best Western Hotel, Lake Elsinore, Califomia, requested that a permit not be given to Trevi Entert. ent Center. She indicated that she works at the Hotel behind Trevi Cen a stated that there has been a lot of noise coming from Trevi Center bands, etc. and the customers are complaining about the noise a, e ing refunds. She indicated that there may be problems in the fu e ecau all of the people that are going to these events. They have police eral times and said that this could ruin their business. Bryce EIJ '.,' owner 0 oney Mailer, Temecula, California, stated that he is an Advisory 815:' ~',Memb f the Temecula Valley People Helping People, and Ambassador a and Murrieta Chambers of Commerce and that the requested perml Trevi Center be permanently denied until they begin abiding by City law. He stated that they owe approximately $14,000 to money to Money Mailer in Temecula and also owes money to other organizations. Chairman O'Neal asked that Mr. Ebeling not discuss what Trevi Center owes to other organizations because he does not represent those organizations. Mr. Ebeling concluded by stating that Trevi Entertainment Center consistently ignored City codes, and began construction in January 2007 without having City permits, he did not complete landscaping, he ran and operated a night club without permits, and requested that the permit be denied. Agenda Item No. 22 Page 121 of 128 PAGE 4 - PLANNING COMMISSION MINUTES - MAY 6, 2008 Mr. Knight responded back to Mr. Ebeling regarding his statements and said that Trevi Entertainment Center has only been in the City for one (1) year and has not seen any collections on any. of this. He stated that regarding live music being played at Trevi Entertainment Center, currently the Elks Club play music there 3 times a week with the doors closed and doesn't believe there have been any complaints made in the last 6 months. He stated that there would not be live music on the patio and when it is in the building, the doors will always be closed. He also mentioned that when he started the project, the Director of Community Development Preisendanz and Planning Manager Weiner suggested that it would be a great idea if there was a walkway or an escalator between Trevi Entertainment Center and the Best Western Hotel so t it would give their guests a way to come to the Center and be entertained. Chairman O'Neal closed the Public Hearing at 8:3~ . Commissioner Flores thanked the local busi against Trevi Lanes. He asked Mr. Patel . guests regarding the Baseball game bei Mr. Patel didn't k ."' . at if the guests are going to Trevi ir Hotel it would be a benefit for his r the noise. Commissioner Flores confirmed music playing the doors to the patio need to be doors would be closed when there is music playing. Chairman O'Neal ad with Mr. Knight if there would SSQ uses during the day. Mr. Knight stated that they are proposing a mesquite BSa on Sundays. Commissioner Flores stated that he is glad that Trevi Entertainment Center is in the City. He and his family have had the opportunity to utilize Trevi Entertainment Center and he believes that the bowling alley and entertainment center has been needed in the City. He acknowledged that the City has had issues with Mr. Knight in the past but these issues have been solved and he believes that Trevi Entertainment Center would be a plus for the City and for (he citizens of the community. Agenda Item No. 22 Page 122 of 128 PAGE 5 - PLANNING COMMISSION MINUTES - MAY 6, 2008 Commissioner Mendoza stated that he believes that Mr. Knight's intensions are great and the entertainment is fantastic. He indicated that he was a strong supporter of the project even though there was illegal construction going on. He stated that Mr. Knight failed to abide by the City codes and also indicated that he requested information from the Sheriffs Department regarding the types of problems that have occurred there since they have opened. He conveyed that the Sheriff's Department stated that there have been several problems. Commissioner Mendoza indicated that he doesn't believe that Mr. Knight is monitoring the doors when music is playing and said that he cannot currently support the request for the CUP until he shows good f. and resolves the issues. Vice Chair Gonzales stated that he and the security door was not on stated to Mr. Patel that. be a police and se ' Preisendanz if th ming from Trevi while the doors 'ng where the Vice Chair Gonzales asked Mr. Patel if the Entertainment Center was coming from inside were open or was the noise coming outsi customers should not be gathering. Mr. Patel stated that in October or Novemt) people at the back side of the building, enterin were very loud. Pr . endanz stated that there is a Noise here is a loitering problem, security needs to Condition No. 33 regarding monitoring of oes not have security cameras anywhere. Mr. Knight st e asked the Police Department where to place the security cameras dicated that as soon as they let him know where to place them, there will b additional cameras to go inside, in addition to 76 cameras that are already in place. Vice Chair Gonzales asked Mr. Knight what will the facility be utilized for. Mr. Knight stated that the facility is not a night club, it is being utilized for various functions such as weddings, parties, etc. and the facility will not be open every night and there will be no music playing outside. Vice Chair Gonzales asked what the hours of operation are? Agenda Item No. 22 Page 1230f 128 PAGE 6 - PLANNING COMMISSION MINUTES - MAY 6,2008 Mr. Knight stated that during the week, they close at 12:00 am and stop serving alcohol at 11 :00 pm, and on the weekends they close at 2:00 am and stop serving alcohol at 1 :00 am. He also stated that they will follow the Noise Ordinance. Chairman O'Neal stated to Mr. Ebeling that as far as any money that is owed to him by Mr. Knight, there is no way to confirm or deny this and it has no place at the Planning Commission meeting. Chairman O'Neal indicated to Mr. Patel that he sympathizes with him regarding some of his problems, but stated that he doesn't think t this is Mr. Knight's problem and stated that they built their Hotel across t t from Lakeview Hotel which had a view and now has a view of Mr. P Hotel and indicated to him that these things happen in business and Mr. Knight has a significant investment in the .community as well f venue that Mr. Knight has is user friendly. He concluded by s CUP. relocating the storage containers to icate this to Planning Manager Weiner r re~ sted clarification regarding the Conditions of t club use. Chairman O' address these q Entertainment Cen e Director of Community Development Preisendanz to s and asked him to explain how he feels about Trevi Director of Community Development Preisendanz stated that there have been problems in the past, but Mr. Knight has resolved these problems. He indicated that the City is not opposed to a night club there, but the ro~L!est i~ n\~1~ it is a multi purpose room which would have scheduled events within it and indicated that it would be called the Illusions Club. He indicated that the CUP on the application is for live entertainment and recommended that it be operated and approved as an umbrella for. an entire club and have Conditions of Approval to support this. He indicated that staff has not received Conditions from the Police Department and that they will be getting comments from Chief Fethel ~,,'0, Agenda Item No. 22 Page 124 of 128 PAGE 7 - PLANNING COMMISSION MINUTES - MAY 6, 2008 Chairman O'Neal asked Director of Community Development Preisendanz to respond to Commissioner Zanelli and Commissioner Mendoza's comments regarding the problems that Trevi Entertainment Center has had in the past and explain how the City has deall with these problems. Director of Community Development Preisendanz stated that there have been problems in the past and stated that Mr. Knight has agreed to address these problems. He indicated that there is only one more inspection left for fire and one more inspection left for building. He reiterated that the City's vision is to have a club venue, not a full time night club, which would more efficient and affective for staff, if approved. Director of Community. check with the Fire" ~ hazard. ment to make sure that according to . ed. Commissioner Zanelli stated it is the responsibility that there is no loitering behind the building; he what has happened in the past, he advised th Mr. Knight stated that he will have enou will be responsible for controlling the crowds... . that come into the area, this would be a police I Vice Chair Gonzales asked if Mr. of the building. ed that he would need to believes this could be a fire reO ndanz concluded by saying that he n could have a positive venue as long as olved and Mr. Knight could have an affective and that staff needs to strike Conditions 17 and 18. Deputy City A Y S an~ addressed Condition of Approval No. 37 regarding loitering and rea ondition. Director of Community Development Preisendanz stated that they were deleting Condition Numbers 17 and 18, and deleted the first sentence of Condition No. 29. Chairman O'Neal stated to the other Commissioners that he would be the first to stand by the other Commissioners if there are any significant problerrt~' ,;c:-. would like to give Mr. Knight the benefit of the doubt. MOVED BY FLORES, SECONDED BY GONZALES AND PASSED BY A VOTE OF 3-2, TO APPROVE Agenda Item No. 22 Page 125 of 128 PAGE 8 - PLANNING COMMISSION MINUTES - MAY 6,2008 RESOLUTION NO. 2008-47, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-09 WITH THE AMENDED CONDITIONS OF APPROVAL. INFORMATIONAL ADJOURNMENT THERE BEING NO FURTHER BUSINESS, ADJOURNED THE MEETING AT 9:24 p.m. Kris Herrington Office Specialist III RMAN O'NEAL Respectfully Submitted, ATTEST: Agenda Item No. 22 Page 126 of 128 ,..~ r J ll:J o II c. . II I I I I I 11: ~~ , ~ I H I I .. ~ ~ ._~~ . ISr il a.uon ...... l~ n '=m".:'-J.:' [;> I e (IIII~'''' In I~~ ........ g ~ - &> I ~ :iIlI I Ii J Lkul~~. . rF~!.~+--.l i'1I I . I I I U ~---f -~----"'l& e - e '--.. I~ -,- R. II~ I!. I ~I' III" EilJ · 1!ldS ; I I .!I! .d I . . . n " .. I ~ a '" .. TREVI LANES 32250 MISSION TRAIL. LAKE ELSlNORE,CA 92530 II' . I J II Agenda Item No.22 Page 127 of 128 ~~~~ JJ "_118 III! il ill; i u~I'I'I.I:11I1 :)~:) Colli fob~l~p ~i~ I' II ! qlll !I .......noi I llOnl I I III I,! I ^ ~?( fE i ! [b 0 ~ ~ I ~ -- L I r----~ ~ 1el.J'lli t [00 ;ol~ ~!~~hJ ~ ! f! _,I !\~III 1 m - ~oo,po~ ~ 1/ I ~'_ !)"I !;C;p ~o l~~hl. L ,------ U, ~- ~ ol~llfu ~I: r71.. ~ ~ _[ ~ ~~r11+ I ~ - F: F: ;~ 1ii:8l ~':( r_ ~ ~<~ = : [;~I'llr~l. 3 IE;:: ----- f 00)01 1:(1) ~ ~ o ~ :~^Ui1t3 '---- <; PH I ~ ~~~: E31! ~ P It 0 ':II 00)01 r;:3li ~ I I o ;111 - I _ ~~, 1i3.: - :11- $I~ . II) Ot~~~ ,PI'" I ~iI e 'O~ irr:. - ;(lI~ - fSlnl~ ~~ III II Ir Pg I I I I I I -iO!- I I 11..';- .. I: I I I I j!~1 I I I , o I I, . " ~. :11 ~ :~: ~I ~ I I .~ I ,I' . a ~ i\!I;~(i), .,r----",...... /",.... J t. r ( ~ 1.......1 o I Q..",I I , I I , ~ ./ -- ~ "~ r ~ ~ !I ~ff:~ 4 r~ I .-- ~l ~ I ,-- III I .. 0 ,;:I , . 1>1 iF! V ~ . -- . I: ~~---. "II U ~-'-,~ -i--:~l& - G 0 . - o " ~ ; ..-......... ..... . , WJOTT_ y - , i ....."",. Sl-.l.:: ~ .... [;> I ~ I e ~'::'''' InDM~ \.==- --... ....J.......... TREV! LANES 32250 MISSION TRAIL.. LAKE ELSINORE,CA 92530 Attachment 7 l:i:1iiIIT ~~IE~B.i I "-li.tl.1 11.-, ~al. IIJl- E~IJi & Id~ Ii Sa I I Ifa! .d I I ,. .. o o "' .. I I I I I I I I I I ! 'I II 'I. .t:.. I I I I I . , , la~ !\i , I~ - 0 () % Agenda Item No. 22 Page 128 of 128 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: JULY 22, 2008 SUBJECT: PILOT PROGRAM TO WATER FORECLOSURE PROPERTIES BackQround At their regularly scheduled meeting of July 8, 2008, the City Council directed staff to conduct a pilot program to irrigate foreclosed properties. Staff was to investigate the "time, cost and effectiveness" of manually irrigating the landscaping of vacant properties listed on the City's Abandoned/Foreclosed property list. Staff was directed to bring back a report related to the feasibility of this idea as it relates to the time it takes to water the landscaping, the cost of fuel and labor and the effectiveness of watering. Discussion City staff developed a pilot program over a two day period in which irrigation was provided to foreclosed properties. On the first day, irrigation was provided to lawn, trees and shrubs in the Tuscany area and on the second day water was only provided to trees and shrubs in the Avenues and Downtown area. These two locations provided a "Worst Case" and a "Best Case" scenario with respect to travel time and watering effort. Staff contacted the City's landscape maintenance company, Excel Landscape, as well as the Metropolitan Water District web page for information about keeping plants and lawns alive through the summer months. The general consensus is that lawns require approximately 300 gallons per week and trees/shrubs require 16 gallons per week for each tree/shrub. For an average sized front yard with 11 trees/shrubs the weekly water need is about 470 gallons. Without watering the lawns, the need drops to an average of 176 gallons per week. For purposes of this pilot program, water was applied through a 1.5-inch diameter hose connected to the City's 2000 gallon water truck. A two man crew, one laborer to water and an equipment operator to drive, began their day at the City Yard and drove to the Agenda Item No. 23 Page 1 of 3 Pilot Program July 22,2008 Page 2 designated location and applied water to the front yard landscaping of homes identified for this test. Results from day-1. waterinq lawns. trees and shrubs An average of 263 gallons of water was applied per house. To meet the watering needs of the plants for lawns, trees and shrubs, requires three water trucks. Two of the three trucks would be rented (rental trucks come with a driver). Staffing needs for this level effort are 3-maintenance workers and one operator. Cost would be approximately $13,1 09/week to maintain 500 properties. This cost includes labor, equipment and fuel. Results from day-2. waterinq trees and shrubs An average of 155 gallons of water was applied per house. To meet the watering needs of the plans for trees and shrubs requires two water trucks. One of the two trucks would be rented (rental truck comes with a driver). Staffing needs for this level effort are 2- maintenance workers and one operator. Cost would be approximately $9,369/week to maintain 500 properties. This cost includes labor, equipment and fuel. These figures do not take into account normal maintenance activity needs such as a water truck for the weed abatement program or staffing needs lost from normal services like street repair, weed abatement, etc. At the direction of the City Council, staff also looked into alternatives, the options and costs are listed below: Castle and Cooke's Proqram Staff contacted Castle and Cooke regarding their watering program. Alberhill Ranch has 14 developed properties which have gone through foreclosure. Their staff reported contracting with a person to water the front yard of each property once a week from a hose fed from a water truck. On the watering day, each property is irrigated 3-times during that day and is not irrigated again until the next week. Their contract is for $65/hr for 8-hours once a week. For City wide purposes, this rate translates to approximately $18,500/week. Paintinq the dead qrass qreen Staff received a proposal from Alliance Environmental & Compliance, Inc. to trim and edge the lawns, clean and hall all yard work and apply green paint to the lawn. The service proposal is for $105/house. Assuming 500 houses at $105/house, the City's cost would be $52,500/application. It is assumed the lawn paint will last 2 to 3 months but will need to be applied a minimum of once per year. Contract with existinq landscape company Staff contacted Excel Landscape and was told that they are not staffed to provide this service and would not be interested in irrigating private property. Agenda Item No. 23 Page 2 of 3 Pilot Program July 22,2008 Page 3 Provide additional water trucks Staff contacted an equipment rental company to provide additional water trucks to save wear and tear on the City's truck as well as add more opportunity to cover a larger number of homes. One 2500 gallon water truck including a driver costs $69/hr. For an 8 hour day the cost is $778/day including a maintenance worker. Fiscal Impact Fiscal impact of this program is dependent on what landscaping will be irrigated. The average monthly cost is between $40,599 and $56,806. Recommendation Receive and file the report and provide additional direction to staff. Prepared by: Ken A. Seumalo tJb Director of Public Works Approved by: Robert A. Brady City Manager Agenda Item No. 23 Page 3 of 3 CITY OF v~ LAKE ,6,LSiNORf: ~ DREAM EXTREME", REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22,2008 RESOLUTION AMENDING CITY COUNCIL POLICY 300-3 REGARDING CITY CREDIT CARDS, MEALS, MEETINGS AND TRAVEL EXPENSES SUBJECT: BackQround The City Council is charged with the responsibility of establishing the laws of the City of Lake Elsinore through the enactment of ordinances, resolutions and official policies. Council Policies are an expression of City Council's opinion as to the conduct of City business and are intended to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed in a fair and consistent manner. In 2006, the City Council completed a comprehensive revision of the City Council Policies. Part of that review included a complete revision of the City's policy with respect to the usage of City credit cards set forth in Policy 300-3. Discussion During the City Council meeting of May 27, 2008, Councilman Magee asked the Mayor and City Manager to review the City's credit card policy for City Council members. The Mayor and City Manager met and directed the City Attorney's office to prepare a revised policy. A proposed revised Policy 300-3 has been prepared for City Council consideration and further direction. A blackline version of the proposed revision is attached for your review. The revisions address three components of the policy. First, the issuance and usage of City credit cards to City Council members is eliminated. Additionally, a largely unused provision relating to City gas cards is also eliminated. Lastly, the travel and meal policy component is clarified to apply to members of the Council along with non-elected City boards and commissions. Agenda Item No. 24 Page 1 of 11 Resolution Amending City Council Policy 300-3 July 22, 2008 Page 2 of 2 Revisions to the City Council Policies are made pursuant to a resolution. A draft resolution adopting the revised Policy 300-3 is also attached for you review. Fiscal Impact None. Recommendation Waive further reading and adopt a resolution amending City of Lake Elsinore City Council Policy 300-3. Prepared by: David H. Mann Assistant City Attorney Approved by: Robert A. Brady (}f()( City Manager ~lJ\J Attachments: 1. Blackline of amended City Council Policy 300-3. 2. Resolution Agenda Item No. 24 Page 2 of 11 RESOLUTION NO. 2008-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CITY OF LAKE ELSINORE CITY COUNCIL POLICY 300-3 WHEREAS, the City Council of the City of Lake Elsinore is charged with the responsibility of establishing the laws of the City of Lake Elsinore through the enactment of ordinances, resolutions and official policies; and WHEREAS, City Council Policies are an expression of City Council's opinion as to the conduct of City business enacted to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed in a fair and consistent manner; and WHEREAS, the City Council has determined that the adoption of amendments to City of Lake Elsinore City Council Policy 300-3 is in the best interest of the City and the community. 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 of the City of Lake Elsinore hereby adopts the City of Lake Elsinore City Council Policy 300-3 in the form as approved by the City Council on July 22, 2008. The revised Policy 300-3 shall supercede and replace the existing Policy 300-3 in its entirety. SECTION 2. 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 22nd day of July, 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 1 Agenda Item No. 24 Page 3 of 11 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 22nd day of July 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: VIVIAN M. MUNSON CITY CLERK 2 Agenda Item No. 24 Page 4 of 11 CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Meals, Meetings Policy No. 300-3 And Travel Expenses Effective Date: 07/22/08 Page No.1 of 7 BACKGROUND Previously, the City Council had several policies relating to use of City credit cards, meetings and travel expenses and reimbursement procedures. These policies were reviewed, updated~nd(;QnSbliclc;lt~9 following.th~ adoptipn/of AB)234-: PURPOSE To set forth the policy for official' City travel" .and to establish procedures for reimbursement of expenses' incurred by City CounCil members, appointed officials, memb~rs of special, ~O&[4s,cm~missiQns'''!ld (:ornmittees (collectively, "officials") while traveling overnigN,on 8,\~.~i~I"qt~.~.\lsiness. POLICY General The City orLak~~lsin?,re, ~ppre?iates t~e .~alue pL~avin~its, pffiyials tr~vel, to, participate' in," and e:ducatetheiiiselves at professional coIlferences;, ~eminars, ~eetirigs arid other related tr?iningev~nt~ ~s,they relate to1the 8ffidals':'<?(fici~lgtities. In an effort to foster and encourage' parllcipatlon in such' 6tyent~'in accordancewifh state law, Pflrtic:ularly Government Code, Sections 53232 et seq., the City has promulgated the foregoing' policy for reimbursement of various travel and related expenses incurred by officials Wh8 attend approvedev~n!s. " The primary goal of this policy is toestablish~idelineswhich shalf be 'cOlnpliedwith when officials fihd themselves arranging' and pa.rlldpatmg in travel, lodging,' and oth~r approved expenses. Reimbursement is available for actual reasonable-and necessary out- of-pocket expenses incurred on City business as provided ,herein. When travel and related expenses are necessary, it is the responsibility of each official to incur these expenses at the lowest reasona.ble cost to the City cOn1lnensurate with schedules, work, andtirne. constraints. '" ::,' ~.., '. _,.' :', ' ': ': -,-,., " ,'~'l L I,. ,:".',' ':,' "'<, ,..:"" -, I,' " ' , " The City Treasurerancl hi~/h~rd~s~gtl~e shall reviewal~of8~ial' s :charges ~d exp~nse' , reimbursements arid report any improper charges to tht(;City Coul,1cil. , . , ( " " " ..,.... .. t .. .. '., --." " ',"", . ~ ::-: , Agendci Item No. 24 Page 5 of 11 ,...., CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY; MANUAL SUBJECT: Meals, Meetings Policy No. 300-3 And Travel Expenses Page No.2 of 7 Travel Reimbursement A. Ground Transportation Airport-to-hoteL shuJtle. seryice should be u.~t;:d. f9r. woun~ transRortation between an airport or trail!' station and a hotel whenever it IS available. Taxis are to be used only wheIl the schedule~ shuttle service or other m~thods o(publi(;J~~spor:!atio.l1 are noLcost-effective, are unavailable or incompatible with the City business mISSIon. J' f; B. Rented Vehicles ~ '.~ :" :;" ',; ':,:' ~ ' ; ", .'\i <.' ,'~: Rental c~rs lll3;yp~q~~(j, ,if~n. official chooses not to,u,s~hi~/her personal vehicle. Rentals s~ould b'errlClde through the City Manager's bltice. ..... In selecting and accepting rental cars, officials should be sensitive to both cost and appearance considerations. As with all City expenditures, the community is justifiaplyc.o.n9emed that City dollars are being stretched as far as possible. Accordingly, whenever possible officials should avoid requesting or accepting luxury vehicles. I ' . Ifarentalcar is, useqon a trip cbmbiningb~sip.ess'andmore .than minimal personal travel, only that. portion: of the' expense' attributable to 'City' business. is payable by'the,City;\.th~'official is responsibl~ Jor the..portioIlof;expenst;: attributable to personal use. ' When several officials are attending the same event an effort should be ,made to coordinate plans and ifpossible share any needed rental cars. .'f Rental car collision, insurance (oollis,ion. damage, waiver or CDW . ror. damage to the rental car. ). sh...ouldb..e.. purchased. on ..the. ,,1'... ,.e. n..t."a...l. co.. iltt.a.., ,~".t, .but'do not pUrchase the liability (PD/PI, for damage to other carsYinsunmce'. . Officials must carry the name of .the .qity insurer "a,nd, its insl.lIapc~ p~lic:y nUlOber. \YJ:ten renttng automobiles., Inf9rmMiQn concenting the Gi,ty.'s .in,sPf,er ,and; iJ1s,urancep9Iic,y numl?~,is posted .9n ,the pplletin bO<Jl"d,designtlteq.(is .'~Not~ce,s." c. Parking Parking. fees. on City travel. are. reimbursabllF .less e~pensive.:yet safe parking should b~'used when~verpossible. ' ,'1,. 1,,;. ". ". . ,..' · ' . \, . -, ".:'(',' . : ',> , Agehdaltem No. 24 Page 6 of 11 CITY OlrLAKE ELSINORE, CALIFQRNIA COUNCIL POLICY MANUAL SUBJECT: Meals, Meetings Policy No. 300-3 And Travel Expenses Page No. 30f 7 D. Tickets Officials are responsible, for 'any parking tickets, moving violations, or fines that they receive while using a vehicle on City business. E. Airline Travel " \ Except for reasons of time and/or monetary allocation, transportation for trips of 200 miles or more may be by airline travel. Officials must ,travel using coach fare or using the lowest' available fare arriving or departing within one hour of the desired time. Unauthorized airline travel win he billed to the official and will subjectthe employee to disciplinary actioll \lp'tO and iIlchidiIlg termination. A. ,M~aJ~R~iQ1l>gr~,~Q1~mt JQr !"()f:aIM~~tipg~ Th~ yity will reimburse meal expenses for meetings within the greater Southern California area as follows: ,m~~ls ,~ith ()~tsidebusinyss 4 assoc!i~tr~ ,.for "the pUrpose of a business discussion or the promotion of good working relations . . meals which ar,e,part of a business' program or, which, are officially sponsored by business or professional associations related to an employee's workwith the City . '. " ~.' ,\ ' \ meals whiph, a.e, ,<>uucilmember bas wh#et;ravel,ing (1). c::ity business . .' ..., "'" '",'''.. .... .' ",',. .", ., city official meals as long as City 'business is conducted duiing those meals. B. Per Diem . 1. Officials m~y claim reimbursement forpersonall11eals and incidtmtals in accordance with the O.'s. (jovenutient's Domestic Per 'nietn Rates in effect for their travel destinatio'Q., Incidental expenses are defined as fees and tips given to ': ',.,,' .' .., ... : "',., ,'C":.)',:" ','; :.: "',' ,": ',','. ..', ;",,' ";' p()rters, bf;lggage9arrii;:ir~;,arid b~llhops. ; ' 2. The Domestic Per Diem Rates canhe6btail1edby accessing the U.S. GeneraIService~" Adminis~J;'ation's we1?~ite at,.,~w.p()Ji9yworks.gov or .by contacting th~,Administrat~ye Services Iiep:aJiW~t1t, . , .' Agenda Item No. 24 Page 7 of 11 CITY OF LAKE ELSINORE,~^LIFORNl~\ 'COUNCIL POLICY MANUAL SUBJECT: Meals, Meetings Policy No. 300-3 And Travel Expenses Page No.4 of 7 3. The Domestic Per Diem Rate will be reimbursed for each full day in travel in lieu of actual meal expenses. 4. An official may not claim the entire per diem rate for travel periods of less than one full day. The per,diern rate is broken down into standardized meal rates for bre~kfast, lunch~, all,qdinner., ,For, p~rt\l.llday.; tr~'5el~ p-9ly,th~~l'propriate per diem meal rate should be claimed. The breakdown of the per dierli rate can be found ,at the same .U.S. General Services,Administrati~g's web site at www.policyworks.gov. Under the per diem rates there is a section for M & IE breakdown. The foll()wi~g times should b~ c()ns~dered when requesting meal reimbursement for partial days: ,,' , l .'. 1\' Befo~e7:~9p'Il1' Extraordinar.y J1:xp,<<rns~~ By 11 :00 a.m. 12:00 - 6:00 p.m. After 6:00 p.m. Meal: Breakfast Departure time:1 " Before 6:00a.m: Before 1 :00 p.m. Returning time: Lunch Dinner , ,\ c. There "may be,'isolatedoc6asions wh~n, for,tl1e"City's .~ene~t" dMiiordinary expenses fOflliealsand incidental in, ~xcessq( the~~r"d'iem,allQyvapces 'may ,be justified. ,,' , " ,', ,', "', " , " , . \ D. Tips or Gratuities Reaspnable tjps in rela,tiqn to ,services rendered wilI,berejrnbursed. ',In the ,c~S,e ,o'f meals, tipping is not to exceed 15 percent of the, total cost of the meal; in the case of taxis,' 1 o percent of the total fare is deerneq,acceptable. If necessary, porters and bellhops maybe used and tipped from $} to $2 per pag or box. , , Lode:ine:' Reimbursement Lodging c9sts shFlllnoV~~ce;~4 the IIlaXimumgrpup ,rate ,p~plished by the c0nf~rertce or . ,:,': ':.' ~, .. .,1 " ,'" ,", ,- ',: : ''''', ';:", _ " " " ' , - _: '-, ( activity sponsor, providea that lodging at the group rate is available to an official at the time of booking. Iftlre gro;uprate.is not av~ilable, the official shalluse, GQ~par~ble lodging .t~a.t ,Is consi~t~nt,,\ith, tp.,e,Int~n1a1 Reyerrue ,S~:ry:ic~ ~a:t~,sest~RU~~eq iIl Publicat,ion463, qr.any spcces$,or publication." " , , . ~. , '" . ",'. i -, .' --'. '., ""', ""..."- ......... ",- 1 Agenda Item No. 24 Page 8 of 11 --,-' --'----~ :~- - -"-~- CITY OF LAKE ELSINORE, .CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Meals, Meetings Policy No. 300-3 And Travel Expenses Page No.5 of 7 Miscellaneous Reimbursement A. Personal Expenses The City will not pay for expenses which are of a purely personal nature, even if incurred while on City ~1J:~i]J.ess. This inclup~~: . the cost of personal' entertainment (books, theater tickets, movies, sporting events, etc.)' · the cost of,ipersonaLcare items (toiletiies, hair styling, manicures, etc) . valet and laundry service is not reimbursable for business trips of fewer than' llVe c()ri~ecutive days;uri1essni::bessary to clean clothing soiled while working' i, " · the cost 'of' additiOnal'" fraver'itisuhuice 'accidental' itijUfybf 'death while tra:v~Hng 011 Cjty,business in excess of such insurance already provided by the CitY. . B. SpOl'lseandSignHicant Other Accompaniment Spouses and significant others~ay accol11parly an 6ffici'nl wnen'traYeling' on business, provided,howeyer, that the cost 'associated with~uch~ccompaniment shall notbe reimb:Uf,~aPle. C. PersomU Travel ';'( , ,', . '.', ,.", . Personal travel {e.g" yac;;ltions, ext'ended,.week.enas, Mdso dn} c<nnbihed\vith business ,travel ,is., p~rmitted, Any. .qosts.(e.,g.., extr~hpte~.. ,nigh,ts,additiollal stopovers, :long distance calls and so forth};flssoc.i;lteq withpe~spn~l trayel are. not reimbursable. ' , , ' . Procedure for SeelUne: Reimbursement ", .. t, ", :,:':" ~ ~ "-: ", ,',',_ '; , ; In order to be ,reimbursed for business trips or other expenditures incurred for City busines~, the official must submit an expense reimbursement fonn to the Administrative Services Department.; 'E.x.pense Ifonnsmust. be reviewed and approved by the City Treasurer. Agenda Item No. 24 page 9 of 11 CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Meals, Meetings Policy No. 300-3 And Travel Expenses Page No.6 of 7 An official may submit his/her expense report at any time during the month but no later than 45 days after the end of the month in which the expense' was incurred. It is the official's responsibility to submit the expense report in a timely manner. In addition to providing written documentation of expenses incurred, an official shall provide brief reports oncP1e~ti~~,s. of c()nfer~nces,thal ,w~re ,~tten~efl<lt, t~e~ e~pense of the City at the next regular meeting bfthe cIty Council: " ';".' '~' " . All dbcuments rela.ted tb reirtlbfitSable agencyexpen:ditutes are'public'tecdrdssubject tb' disclosure under the Califo~ia ~ublic Rec;orgs,Act (Clll,; '(Jov. Code Section 6250 et ~eq.)., , ,i, " , 'i ",1 , Reimbursement. Documentation ::_:\':,,',:',_ :_:,','.':' M,.'",:", "" , _._'';, I Expense reports musthiclude adequate documentation, including:' customer copies of credit card receipts, receipts,..for ..... hotel ,,' expenses; "'and. 'receipts for. 'cash expenditures; includfngtneals,parking ,ang ~e\,er~g~s.A.very limi~ed exc~ptionappliesinthose rare instances . 'where , 'a' receipt, c~ot 'reasopablybe ,obtahied' tfor '. exaIi1pI~, , toUs, . public transportation, tips)., "',,' , . . ': " , ':<., , Officials must be as ~pecific as possible in describip.g each expense. Each expen~e i~~J1?, should detail the following: !' , ' " fund or functibhto be charged 'reason for eXpeNSe (for . example, League'. of; California' Cities"conference); type of expense (for example, meal, travel, hotel) per~ol1.s "jpvp]"ed (for ~xample, names of people for whom a meal was purchased) ;,~ Penalties for Viol~tions ()fRehribursementPoiicv ;__,";1 ,- "', .-.. .,. '., ;' '.~, ,':t.,'.,-...: ", - '-, ",',;"..' . ,j':,:>"." . . . . Pellaltiesfot\rnisuseofpubIiCres~urc'es or, f~lsifyidg ~xpeIis~revoits jIlviplati~m'of . 1 e~pense reporting polici~sfuay"iri~lu4e, but are not lillUte4t6 the foliQwing:, " . ,(, . The loss of r~imbU,fsem~nt privileges. , . Restitution to the City. ." Agenda 'It~m No. 24 Page 1 0 of 11 CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Meals, Meetings Policy No. 300-3 And Travel Expenses Page No.7 of 7 . Civil pena1ti~s for misuse of public resources pursuant to California Government Code Section 8314. . Prosecution for misuse of public resources pursuant to California Penal Code SectioJ;l42.4 HISTORY Approved by Resolution No. 2008-_ 7712/08. . i ',,': ~ "- Agenda Item No. 24 Page 11 of 11 CITY OF ~ LAKE \&,LsiNO~ ~.~ DREAM EXTREME... DATE: REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER JULY 22, 2008 TO: FROM: SUBJECT: APPOINTMENT OF APPROVING BODY FOR DETERMINATIONS OF PUBLIC CONVENIENCE AND NECCESITY FOR THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Backaround Section 23958.4 of the Business and Professions Code requires that a city determine whether or not public convenience and necessity (PCN) would be met by the issuance of a new alcohol sales license. Typically, this is accomplished by the issuance of a letter to the State Department of Alcoholic Beverage Control (ABC). If the City does not make a finding of public convenience and necessity, then the license request would be denied by ABC. If the City makes the finding, then the license can be issued. On March 8, 1995, ABC advised the City in writing (Attachment 1) that the local governing body (City Council) could elect to delegate the duties of determining PCN findings. On June 2, 1995, the City of Lake Elsinore Police Department responded in writing (Attachment 2) requesting ABC to forward all alcoholic beverage requests to the Police Captain. Review of City Council agendas and minutes between March 8, 1995 and June 2, 1995 did not indicate a formal action had been taken by the City Council regarding delegating the PCN determination responsibility. Recommendations 1. Designate the Planning Commission as the authority for determining public convenience and necessity, unless appealed, whereas the City Council would assume the responsibility; and 2. Authorize the City Clerk or Director of Community Development to issue letters of public convenience and necessity. This letter will only be issued after the City Councilor Planning Commission has approved a conditional use permit for alcohol Agenda Item No. 25 Page 1 of 5 Delegation of PCN Determination July 22, 2008 Page 2 sales or has otherwise made a determination regarding a PCN request. If the Planning Commission or City Council deny a conditional use permit or otherwise determine that PCN cannot be found, then a letter to that effect will be transmitted to ABC. Prepared by: Tom Weiner ~ Planning Manager Robert A. Bradv(l fi; City Manager J\j!V Approved by: Attachments 1. Letter dated March 8, 1995 from ABC to City of Lake Elsinore regarding appointment of PCN determination body. 2. Letter dated June 2, 1995 from City of Lake Elsinore Police Department to ABC. Agenda Item No. 25 Page 2 of 5 ,{ ST.' Tli Ol~ C .''-'FORNI,' U V$INIlSS. TRM-lS''Olrf;, TIO/'l ANI) liOl'Sl1'IG AGGNCY "m1! WII-"ON. ,:,"'u/j,,, ., DEl~ARTMENT OF ALCOHOLIC BEVE~AGE CONTROL .~:\ IIll{OSIN COUR1'. SUITE 150, SACItAMI!.Nl'O, CA ')'~lI.1~ ,']1(,) 26.1.6900 ~"" .... . , ~ March 8t 1995 To: County Board of Supervisors City Councils Mayors , During the..1994 Legislative Session amendments and additions were made to certain provisions of the Business and Professions Code relating to alcoholic beverage licensing which affect the .local governing bodies of cities and counties. Section 23958.4 was added to the Business and Professions Code, to define "undue concentration" of licenses and to establish the procedure for detennining if public convenience and necessity will warrant the issuance of a license notwithstanding.a detennination that there is an undue concentration of licenses. A copy of the chaptered Assembly bill creating Section 23958.4 is enclosed. With respect to non-retail licenses, bona fide public eating place licenses, certain hotel, motel, or specified lodging establishments and retail licenses issued in conjunction with a beer manufacturing or winegrower's license, if .the applicant ~hows that public convenience or necessity would be served, a license.m3:Y be issued by the .Department. In this situation the local governing body does not make a deteimination of-public convenience and necessity. .However, nothing.would preclude a city 'or county from protesting the issuance of a license on these grounds or any other grounds. ' With respect to all other retail licenses, most notably, all off-sale beer and wine licenses, off-sale general licenses. and all other on-sale licenses, the determination of whether or not public convenience and necessity is met will be detennined,'by the local goveming body of the appropriat~ city or county. In other words, if there is an undue concentration of licenses 'in the area of a proposed licensed premises and the .local governing body determines that issuance of the license would meet public convenience and 'necessity standards, .the Department of Alcoholic. Beverage Control will be bound by that detel1'l1ination and.the license could be issued,'assu~ng other factors, such as the personal qualificationof.the applicant, citizen protests and,othe~'non-public convenience and necessity.factors do not preclude the ~ssuance of the license. 'On the other hand, if .the local governing body determines' that public convenience and. necessity would not be served, that detennin~ltion by itself would preclude ~b.e .iss}l..~~c~ 9f the license by the Department. TheDepartment is asking that all determinatioIAs of,QtEfflrE JJt\1l~ <<!9nvenience and necessity'be in writing and submitted to the-loc!?-l oroce of the Department. . .'. . MAR 1 .3 1995 Alcoholic. ~ever~e Control Agenda Item No. 25 RIverSide p. q f 5 .L::lH:lJ.SIO 30ISM3AIH ::l8V vI :€I 80DZ-i%lMfiL' 0 ZOO'd 1€90 T8l. 196 As the local" governing body you may elect to delegate the duties of determining whether 01' not public convenience nnd necessity are met to a ,subordinate agency such as a zoning, planning, or law enforcement official if desired. If this is your decision please submit a written notice of such delegation to the Department's Headquarters address within 30 days of the date of this notice. If such a delegation is not made within that period we will assume that the local governing body itself will be making these determinations . Please send all notifications of delegation of tbese duties to: Department of Alcoholic Beverage Control Office of the Director 3810 Rosin Court, Suite 150 Sacramento, CA 95834 We appreciate your cooperation in these matters and we feel that the changes in the law as outlined above will serve to give local officials the. ability to better deal with alcoholic beverage licensing issues, . Sincerely. "AJ ~.. !/1~LV1~ ~;.(.BY~ Q- - Chief Counsel .~~--... . -..... ... ...BE'C'EJV ED . MAR '1 3 1995 Alcoholic -Beverage Control Riverside 800'd 1890 18l. 196 ~~I~~SIa 3aIS~3^IH oav Agenda Item No. 25 91: 81 8oozPfi.Q~n4 of 5 tOO'd 'lV.LQ,L J~N-21-1995 14122 ABC-DIRECiOR'S OFFICE P.02 ~ If~;t";'$'."l ..-Ji/L~~""(. I,>,> {!'it}jof ...cake Zf~ln.o"-e . Police Dep~rf:!nent ': / June .:2, 1995 R,:C...., -, x: ,! v'.e 0 ~~N '1 '~'1995 "':r..~".." ':"'lb:. o~.'" 1 .. '- .1';'<'1 . .... .:7 ":,i-:.'Oj.".ll tl""~(lrc'l'<" C. ~ w '.,~.'.l .Pe~artrne;nt of Al coho} ic 'Beve'rage Control Office of the Director 3elO Rosin court, suite t~50 .Sacramento, . CA '958,34' ' :RE: Appointment of Law Enforcement ,officer unde~ B&P code .23958.4 J)$ar Sirs, '1'bis .i8 ib :r:esponse 'to l'o~r let.tor dated, :l<<a.rch 8., '1995, in .regard.s ,to 'the del.egat.ion', bya 'looa'l "governing .body, of, an officert.o determine wbe!:the:l:' 0:1:' not a publiC! convenienoe and negess:i.ty .are met in the app~a~a.l ,process of an' IlI.lcohoU.c .bever_g-. lic:ens6 .uncililr Section 2~958.4 of the Busin~s$ & P~ofe.s~ons Code. The ~ake ~l.inore Pol~ce Dep.~~m.nt ~eque$ts .that all applica~ions ~o~ alcohol~c beverage 11cen8ea in the city of Lake Elsinor~ be sen:t -to .the parson ,listed helow: Capt'a'in 'John H. Boyd . Lak~ Elsinore .police :De~artment 117 S. .tap,gstaf f L~ke ,El'sinore. CA 9.2530 We, ~ppreciate :your cooperation .in 'i:his matter,. .sinoerely, 'LA;RRY tL. SKITH, SHERIF? ~' , . . " . ~ ,R.. Boyd ~pt.a.:i.n ~~l.sinor. 8t"ation . JHB/ t:rh 1.17'Soll:tb L~ngsralf .$frt/flt . Lake l!lsIno"., CA. ~3SjO 'p X'elepbo"e: (:I0!J) ti74w:J172 iOTAL P. B2 tOO'd 1890 IS.!. 196 ~~I~~SIa 3aIS~3^1~ ~8V Agenda Item No. 25 9l : C l 8ooz~e6t~n~ of 5 LAKE ELSINORE STATION 'g Riverside County Sheriff's Department — Lake Elsinore 333 Limited Avenue, Lake Elsinore, CA 92530 (951) 245 -3300 Stanley Sniff, Sheriff /Coroner Date: July 17, 2008 To: Captain Louis Fetherolf From: Sergeant Don Zelon Re: Calls for Service, Trevi Entertainment Center 06 -10 -08 through 07 -17 -08 Per your request, I looked up all calls at "Trevi Lanes" located at 32250 Mission Trail in Lake Elsinore between the dates of 6/10/08 and 7/16/08. All of the info from those calls is listed below. There were 14 calls in total. A few highlights of those calls are as follows: - 6 of the calls were non - criminal. - 8 were for misdemeanor offenses (3 of the 8 were assaults, 4 were 415's). - The earliest call was at 17:12 hours. All of the other calls fell between 2000 hours and 02:36 hours. - Friday, Saturday, and Sunday nights were busiest. Each of those nights had three calls each. There were two calls on Tuesday and Wednesday nights each. There was only one call on a Tuesday night and no calls on Monday nights. All of the calls are in the table below: 06/13/2008 17:12:41 CVIOL L- 08165092 FRIDAY 27A7M 06/13/2008 22:09:06 SINFO L- 08165115 FRIDAY CANCL 06/13/2008 22:42:42 PATROL L- 08165120 FRIDAY 25Z1N 06/14/2008 02:36:01 415N L- 08166013 SATURDAY 26B1M 06/15/2008 22:55:53 PC243E1 L- 08167120 SUNDAY 13K8M 06/18/2008 20:12:52 242 L- 08170135 WEDNESDAY 13E2M 06/22/2008 20:23:10 SCIRC L- 08174151 SUNDAY 25Z5N 06/26/2008 23:24:57 ACHECK L- 08178142 THURSDAY 25P1N 06/29/2008 00:15:19 415N L- 08181005 SUNDAY 26B1M 07/03/2008 23:50:42 415N L- 08185174 THURSDAY 26B1M 07/05/2008 22:03:40 415 L- 08187170 SATURDAY 24D0M 07/08/2008 00:54:15 AOD L- 08190004 TUESDAY 25A4N 07/12/2008 00:42:59 242 L- 08194005 SATURDAY 13E2M 07/16/2008 23:27:49 UTROUB L- 08198090 WEDNESDAY 25Z1N 1 RIVERSIDE COUNTY SHERIFF - LAKE ELSINORE STATION Officers Pass -On Log File No. Date / Time Officer Crime Type LR08198090 7/17/2008 8:11:24 AM Corporal STITES, Robert Suspect: Victim: Log Entry: Trevy Lanes At 2330 hours, Watch 1 and Watch 3 units responded to a call at Trevy Lanes of an unknown number of people fighting in the parking lot. Initial responding units located approximately 150 to 200 juveniles and adults gathering in the parking lot some of which were fighting. Trevy security was outside standing by but were unable to control the situation. Once the initial units pulled into the parking lot, the crowd began to disperse running across Mission Trail to the Albertson's parking lot, to the Stater Brother's parking lot, and to the movie theatre parking lot. The security for Trevy said they had approximately 150 - 200 people in the "small club" inside where a fight broke out. They said they "kicked our the people fighting but the entire crowd moved out into the parking lot along with numerous people from the other club. While at Trevy, we learned that 2 Hondas had been stolen from the parking Tots during the course of the evening. No victim's were located from the fight and no arrests were made. Per security, this is a weekly occurance. Tuesday, July 22, 2008 Page 1 of 1 a) Joint City Council /Redevelopment Agency Study Session — July 8, 2008. b) Regular Meeting — July 8, 2008. (3) Warrant List Dated July 15, 2008 Recommendation: Authorize payment of Warrant List dated July 15, 2008. (4) Investment Report — June 2008 Recommendation: Receive and file. (5) Resolution Confirming Fiscal Year 2008 -09 Special Taxes for CFD 90 -2 (Tuscany Hills Public Improvements) Recommendation: Waive further reading and adopt a resolution requesting the tax collector of the County of Riverside to place special taxes on the bills of certain properties for CFD 90 -02. PUBLIC HEARINGS No public hearings. BUSINESS ITEMS No business items. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS BOARDMEMBER COMMENTS ADJOURNMENT The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, July 22, 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, Agency Secretary 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 // / 7, d V VIVIAN M. MUNSON D DATE AGENCY SECRETARY a) Joint City Council /Redevelopment Agency Study Session — July 8, 2008. b) Regular Meeting — July 8, 2008. (3) Warrant List Dated July 15, 2008 Recommendation: Authorize payment of Warrant List dated July 15, 2008. (4) Investment Report — June 2008 Recommendation: Receive and file. (5) Resolution Confirming Fiscal Year 2008 -09 Special Taxes for CFD 90 -2 (Tuscany Hills Public Improvements) Recommendation: Waive further reading and adopt a resolution requesting the tax collector of the County of Riverside to place special taxes on the bills of certain properties for CFD 90 -02. PUBLIC HEARINGS No public hearings. BUSINESS ITEMS No business items. PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS BOARDMEMBER COMMENTS ADJOURNMENT The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, July 22, 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, Agency Secretary 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 // )>u,/ /7, a-o o Y VIVIAN M. MUNSON DATE AGENCY SECRETARY CITY OF . L4KL r L DREAM EXTREME REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 22, 2008 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency minutes are for approval as follows: a) Joint City Council /Redevelopment Agency Study Session — July 8, 2008 b) Regular Meeting — July 8, 2008 Recommendation Concur with City Council approval of all submitted Joint City Council /Redevelopment Agency Study Session Minutes and all regular meeting Redevelopment Agency minutes as submitted. Prepared by: Vivian M. Munso Agency Secreta Approved by: Robert A. Brady Executive Directo Agenda Item No. 2 Page 1 of 5 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 8, 2008 CALL TO ORDER — 5:00 P.M. Chairman Buckley called the Redevelopment Agency meeting to order at 5:08 p.m. ROLL CALL PRESENT: CHAIRMAN BUCKLEY VICE -CHAIR SCHIFFNER MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE ABSENT: NONE CLOSED SESSION Agency Counsel Mann indicated the following item was to be discussed during Closed Session: (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379 - 230 -001 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency, Corman Leigh Tozai Lakeshore and Central Valley Coalition for Affordable Housing Under negotiation: Price and terms of payment Agency Counsel indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. Regular Redevelopment Agency meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) ROLL CALL — 7:00 P.M. PRESENT: CHAIRMAN BUCKLEY VICE -CHAIR SCHIFFNER MEMBER HICKMAN 1 Agenda Item No. 2 Page 2 of 5 MEMBER KELLEY MEMBER MAGEE ABSENT: NONE Also present were Executive Director Brady, Agency Counsel Mann, Administrative Services Director Pressey, Captain Fetherolf, Information /Communications Manager Dennis, Director of Public Works /City Engineer Seumalo, Director of Community Development Preisendanz, Director of Parks and Recreation Gonzales, Fire Chief Hendershot, Building Division Chipman and Agency Secretary Munson. CLOSED SESSION REPORT Agency Counsel Mann reported on discussions undertaken during Closed Session. No reportable action was taken. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE There were no public comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES There were no public comments. AGENCY APPROVES CONSENT CALENDAR NO. 2 AND 3 The following items were listed on the Consent Calendar for Agency approval: (2) Approval of Redevelopment Agency Minutes Recommendations: Approve the following minutes: a) Joint City Council /Redevelopment Agency Study Session — June 24, 2008. b) Regular Meeting - June 24, 2008. (3) Warrant List Dated June 30, 2008 Recommendation: Authorize payment of Warrant List dated June 30, 2008. Councilman Buckley requested the minutes of the Regular Meeting of June 24, 2008, reflect a correction of the term to read "Bird Tract" and be made part of a motion. It was moved by Member Hickman and seconded by Member Magee to approve Consent Calendar Item Nos. 2 and 3, to include amendment to minutes. 2 Agenda Item No. 2 Page 3of5 The following vote resulted: AYES: CHAIRMAN BUCKLEY VICE -CHAIR SCHIFFNER MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS There were no public hearing items. BUSINESS ITEMS There were no business items. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There were no public comments. EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS No comments. MEMBER COMMENTS No comments. ADJOURNMENT It was the consensus of the Redevelopment Agency to adjourn to a regular meeting on July 22, 2008, at 5:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA, 92530. 3 Agenda Item No. 2 Page 4 of 5 The following vote resulted: AYES: CHAIRMAN BUCKLEY VICE -CHAIR SCHIFFNER MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: NONE Chairman Buckley adjourned the meeting at 8:10 p.m. THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: VIVIAN M. MUNSON AGENCY SECRETARY 4 Agenda Item No. 2 Page 5 of 5 City of Lake Elsinore Calendar of Events July 22 - August 12 , 2008 (00L CENTERS — Community Action Partnership of Riverside County is coordinating Cool Centers to provide drop -in sites for vulnerable individuals, seniors, the disabled and others in need of temporary relief from the heat. For more information please call: Summer Energy Crisis Hotline on: 1 888 636 8676 ✓‘ednesday ''7 #h Annual Pirate Treasure Reverse Drawing ✓23 July "6:00 pm - 10:00 pm ✓S`torm Stadium 500 Diamond Drive For information: LEVCC (951) 245 -8848 Thursday ✓(EVCC Business Mixer ,l44 July 5,30 pm - 7:30 pm Jfhe Links at Summerly 29381 Village Pkwy Lake Elsinore, CA 92530 For information: LEVCC (951) 245 -8848 This month's mixer will be hosted by The Links at Summerly Golf Club. Join the Lake Elsinore Valley Chamber of Commerce at our monthly Business Networking Mixer. This is a great opportunity to meet other community members and showcase your business with a raffle prize. ✓ Y F rida ✓A imal Friends of the Valleys - Grand Reopening of Puppy.Mc ula 1 25 - 26 July pm 29001 Bastron St. Lake Elsinore For information: CaII 951 - 471 -8344 Animal Friends of the Valleys will be hosting the Grand Reopening new puppy and small dog modular that replaces the one destroyed in the tragic last February fire. A dedication and ribbon cutting ceremony will be held on July 25 at 1 p.m. Celebrations will include half price adoptions every day during the week of July 21 and tours of the facility and refreshments on the days of the event. AFV has partnered with Bob Buster from the 1st District Riverside County, to provide Spay and Neuter Vouchers using some of the area's local vets. Vouchers are $100 per dog and $50 per cat off the surgical procedure. d Saturda Y ake Elsinore Cruise Day — Car Show Jul /5 — 8pm 26 y chin Street For information — (951) 681 4605 D.J. Gary Lake Elsinore Downtown Merchants Association will be hosting the Car show every 4th Saturday of the month. There will be monthly featured vehicles. This Saturday the featured theme will be `Teardrop Trailers' / Woodys & Surfboards. / Market V31July 'x:00 pm — 7:00 pm Historic Downtown Lake Elsinore at Main & Peck For information — (951) 285 8136 Thursdays 'M VIES IN THE PARK, After Dark July pm ummerlake Park, 600 W. Broadway FREE to all! For information: CaII the Community Center on Wednesday night prior to movie night at (951) 245 0442 New this summer, the Parks & Recreation staff will be out at a local park with activities and movies. No registration is required and movies are subject to change. Bring blankets, chairs and your own snacks as we sit under the stars in the bowl at Summerlake Park for some good old fashioned fun! This week's feature is "THE BEE MOVIE." Saturday ✓ usehold Hazardous Waste August :OOam — 2:OOpm 521 N. Langstaff (adjacent to City Yard) For information — (951) 674 3124 — Ext. 245 The City of Lake Elsinore and the County of Riverside sponsors the Household Hazardous waste collections site on the first Saturday of each month. HHW is made up of waste normally found in or around your home. Loads cannot exceed 5 gallons or 50 pounds. Daily '" A Program — Lakeside High School , 4 ru 8 Aug Lakeside High School Pool 32592 Riverside Drive For information: Community Center— (951) 245 0442 Open Swim: Mon thru Fri 1:30 — 4:00 pm Mon thru Wed (evening) 5:30 — 8:00 pm CITY OF LADE ' LSINC RE DREAM EXTREME REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 22, 2008 SUBJECT: CLOSED SESSION REPORTS Discussion (1 a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 373 - 073 -003, -009 through -012, -016 through -020, 373 - 081 -001 through -006, -012, -013, -016, -017, 373 - 082 -005 through -014 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and M. Miller and K. Hengen Under negotiation: Price and terms of payment Recommendation Recess prior to adjournment of tonight's meeting in order to conduct an executive (closed) session. Prepared by: Vivian M. Munso107 Agency Secretary Approved by: Robert A. Brady 1 Executive Director 411 Agenda Item No. 1 Page 1 of 1 CITY OF LAKE 6LSINOR E DREAM EXTREME,. REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 22, 2008 SUBJECT: WARRANT LIST DATED JULY 15, 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 July 15, 2008. Prepared By: Matt N. Pressey Director Of Administrative Services Approved By: Robert A. Brady Executive Directo l.���`'' Agenda Item No. 3 Page 1 of 3 JULY 15, 2008 LAKE ELSINORE WARRANT REDEVELOPMENT AGENCY SUMMARY FUN D# FUND DESCRIPTION TOTAL 910 R.D.A. AREA 1 FUND $ 150.21 914 20% HOUSING SET ASIDE 864.80 920 R.D.A. AREA 2 FUND 720.60 930 R.D.A. AREA 3 FUND 2,543.71 952 C.F.D. 90 -2 DEBT SERVICE FUND 550.00 GRAND TOTAL $ 4,829.32 7/16/2008 Warrant 071508 1 of 1 Agenda Item No. 3 Page 2 of 3 JULY 15, 2008 LAKE ELSINORE WARRANT LIST REDEVELOPMENT AGENCY CHECK# VENDOR NAME AMOUNT 5994 KEYSER MARSTON ASSOCIATES $ 132.50 5995 LEIBOLD, MCCLENDON & MANN 4,146.82 5996 LEWIS, BRISBOIS, BISGAARD, SMITH, L.L.P. 100.00 5997 NBS GOVERNMENT FINANCE GROUP 450.00 TOTAL $ 4,829.32 7/16/2008 Warrant 071508 1 of 1 Agenda Item No. 3 Page 3 of 3 CITY OF LAKE LSINOR '3 DREAM EXTREME. REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 22, 2008 SUBJECT: INVESTMENT REPORT — JUNE 2008 Discussion The Investment Report is a listing of all funds invested for the Redevelopment Agency as of the date shown on the report. Recommendation Receive and file. Prepared By: James R. Riley Finance Manager Reviewed By: Matt N. Presse Director of Admini ative Services/ RDA Treasurer Approved By: Robert A. Brady It Executive Director 01 Agenda Item No. 4 Page 1 of 2 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS JUNE 2008 INTEREST DATE MATURITY RATE PURCHASED RATE AMOUNT Local Agency Investment Fund 2.894% Daily 24 -Hour $ 34,602,362.09 INVESTMENT TOTAL $ 34,602,362.09 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 24, 2008. 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. Matt N. Pressev Investment Officer July 22, 2008 Date Agenda Item No. 4 Page 2 of 2 CI FY OF LA ILL, C ,LSI 0IZ . R F D ' VE[.OPN1F N °( AGENCY REPORT TO REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 22, 2008 SUBJECT: RESOLUTION CONFIRMING FISCAL YEAR 2008 -09 SPECIAL TAXES FOR CFD 90 -2 (TUSCANY HILLS PUBLIC IMPROVEMENTS) Background The RDA is required by the County of Riverside to provide certified resolutions to the Auditor /Controller's office each year to confirm special taxes for the tax roll. Discussion This is the eighteenth year for special taxes on CFD 90 -2. Total parcels remained the same as last year. Total charges increased by $191,184.80, from $1,639,296.50 to $1,830,481.30. The average increase per parcel is approximately 11.7 %. Property owners will experience an average increase of $187.25 this year. The increase is due to a 1.7% increase in the debt service payment on the bonds and an expected delinquency rate of 10% for FY 2008 -09. The City has seen a rise in the rate of special tax delinquencies and foreclosures due to delinquencies. In order to make sure money is available to pay the required debt service payment on the bonds, the CFD is authorized to increase the special tax by up to 10% on each parcel for anticipated delinquencies. Fiscal Impact There is no fiscal impact directly associated with this item. The RDA charges administrative fees and an amount sufficient to cover direct costs as well as the bonded debt services. Agenda Item No. 5 Page 1 of 5 Resolution Confirming FY 2008 -09 Special Taxes for CFD 90 -2 July 22, 2008 Page 2 Recommendation Waive further reading and adopt a resolution requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties for CFD 90 -2. Prepared by: Matt N. Presse Director of Admi Native Services Approved by: Robert A. Bradyl1 IL City Manager !/ Agenda Item No. 5 Page 2of5 RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 90 -2 WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Lake Elsinore, California (the "Agency "), has heretofore instituted and conducted proceedings under the terms and provisions of the Mello -Roos Community Facilities Act of 1982 (the "Act "), being Chapter 25 of Part 1 of Division 2 of Title 5 (commencing at Section 53311) of the State of California Government Code for the acquisition and construction of certain public works of improvements, together with appurtenances and appurtenant work in a special tax district designated as COMMUNITY FACILITIES DISTRICT NO. 90 -2 (TUSCANY HILLS PUBLIC IMPROVEMENTS), hereinafter referred to as CFD 90 -2; and WHEREAS, in Agency Resolution RDA No. 90 -6 adopted on October 24, 1990, the "Resolution of Intention "; Agency Resolution No. RDA 90 -12 entitled "A Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien", adopted November 27, 1990; and Agency Ordinance No. RDA 1 entitled "An Ordinance of the Governing Board of the Redevelopment Agency of the City of Lake Elsinore Levying Special Taxes Within the Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90 -2 (Tuscany Hills Public Improvements) ", adopted December 11, 1990; and WHEREAS, all special taxes in this district were levied without regard to property valuation. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. That the portion of the principal, interest and other costs related to CFD 90 -2 due or coming due through June 30, 2009, be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges). SECTION 2. That the properties to be so assessed and the related amounts are submitted on CD as requested by the Riverside County Tax Collector, further identified as County Fund No. 68 -2364. SECTION 3. This resolution shall take effect from and after the date of its passage and adoption. 1 Agenda Item No. 5 Page 3of5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Redevelopment Agency of the City of Lake Elsinore, California, on this 22 day of July 2008. THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: VIVIAN M. MUNSON AGENCY SECRETARY APPROVED AS TO FORM: BARBARA ZEID LEIBOLD AGENCY COUNSEL STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, Agency Secretary of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 22 day of July 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: VIVIAN M. MUNSON AGENCY SECRETARY Agenda Item No. 5 2 Page 4 of 5 REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE EXHIBIT "A" COMMUNITY FACILITIES DISTRICT 90 -2 (TUSCANY HILLS PUBLIC IMPROVEMENTS) SUMMARY OF FIXED CHARGES FOR TAX ROLL FISCAL YEAR 2008 -09 FUND NUMBER 68 -2364 TOTAL PARCELS 1,021 TOTAL CHARGES $1,830,481.30 Agenda Item No. 5 Page 5 of 5