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HomeMy WebLinkAbout08/24/2004 CC Reports ;--, MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, JUNE 24, 2004 ************************************************************* CALL TO ORDER Mayor Buckley called the Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ;--- ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, City Treasurer Weber and Deputy City Clerk Ray. DISCUSSION ITEMS Mayor Buckley noted that the Study Session was in regards to the LEAPS Proj eeL ~ Phil Miller, Elsinore Valley Water District Engineer, introduced Rex Wade and Peter Lendowski, Nevada Hydro Company. He noted that they had prepared a presentation for Council. ;--- IQ AGENOAmM NO. q PAOE--L-OF PAGE TWO - STUDY SESSION MINUTES - JUNE 24, 2004 '-' Rex Wade commented that Peter Lendowski was president of the Hydro Company. Mr. Wade indicated that the LEAPS Project consisted of two components. 1. Upper reservoir in the Cleveland Natural Forest. He advised that it was a storage facility. He noted during the night it would take excess off peak hours, store in the head lake in the Cleveland Natural Forest, then the water would flow back down to Lake Elsinore during the day time (peak hours). He noted it was not a fossil fuel generating facility and it did not bum natural gas. 2. Transmission component, 500 KV eastwest link that imported power from the Arizona Nevada area and takes it into Los Angeles and Orange County. 230 KV southern link that imported power from San Onofre Nuclear Generating Station primarily into San Diego. Mr. Wade commented on one of three proposed power house sites. He '-' indicated that the preferred site was located in the Santa Rosa area, where the facility would be 300 ft underground and accessed bya vertical shaft, with two story commercial storage above. He noted that if the facility was put in it would be the highest pump storage facility in the continental U.S. and would be the most efficient. Mr. Wade noted that the design capacity of the 500 KV transmission line was 1600 mega watts, 600 of it was for the facility and 1000 for San Diego. He advised that later on they expect the flow to reverse direction if the LNG terminals and the power plants come on line in Mexico and those supply excess power it would be likely that the power flow would actually reverse and go the other direction into Orange County and LA. He noted that most of the line would run through the Cleveland Natural Forest; and there was a separate application in for the power line only, so there would be a permit for two projects. Mr. Wade noted that Lake Elsinore has the largest natural lake in Southern California with approximately 3,000 surface acres. He further noted that it was the only lake in Southern California with the terrain next to it that could support ""'" AGENDA ITEM NO...J Ct PACE ~ Of --9-- "...... PAGE THREE - STUDY SESSION MINUTES - JUNE 24,2004 this kind of facility. He advised that the project was supported by the Federal and State government. Mr. Wade gave background information on the equipment that would be used. He noted that there would be two pump turbines that would be roughly 250 mega watts each, 337,500 horsepower each. He further noted that they would be the biggest single unit pump turbines in the world. The piping would be roughly two 18 feet in diameter; and the distance in elevation between Lake Elsinore and the head lakes is 1640 ft. He also noted that the overall efficiency of the facility would be 83.3%; which put the facility 15% more efficient than any of the existing steam and natural gas turbines. He indicated that the facility would store 6,000 mega watts of energy and would provide power to about 500,000 homes in the area. Mr. Wade commented that rate payers would save $150 million on their capital "...... costs. He indicated that it would improve water quality and stabilize the level of Lake Elsinore. He also indicated that it would create added recreational benefits, it would provide electricity to San Diego and Los Angeles without creating additional emissions, it would provide a firefighting resvervoir in the Cleveland Natural Forest; and it would help the State manage its renewable energy resources. He explained the benefits to the City. He indicated that with the hydro pumps it would automatically oxygenate the lake at no additional cost. He further indicated that there would be a lake management fee of roughly $1.8 million that would be given to the City for Lake Management for the life of the project, of which a large portion of the funds would be for water. He indicated that the construction cost was $700 million and the construction time period would be an estimated at 5 years. He further indicated that the project would produce $1 billion in economic benefits to the region, so it would be the largest construction project in Southern California and would be a large producer of income both to the community and the surrounding area. He noted that it would help recreation, as part of the process required them to provide recreational benefits and there was also an annual fish stocking program. He noted that there were also accommodations for hang gliders. r" A~!1t'M m:h'J NO.~ PACE :=? Of ~. PAGE FOUR - STUDY SESSION MINUTES - JUNE 24, 2004 ~ Public Comments Barbara Dye 33127 Dowman Street, commented that a lot of the impact of the project would be in Lakeland Village. She indicated that their preferred site was two blocks from Butterfield Elementary. She further indicated that there had been no discussion of the impact on Lakeland Village or streets that would be severely impacted. She noted that EMF's cause cancer and leukemia. She encourage Council not to support the project due to the impact and health risks involved and she noted that a park would not do the community any good if you had cancer. Kenneth Howard, Lakeland Village, commented that this project would ruin the wildlife habitat of the natural forest. He noted that Lake Elsinore was growing fast and pumping water from the lake would lower the water level 18 to 24 inches each night, and the lake would recede 60 to 100 feet and make the lake unusable for approximately 4 hours each morning and the area would lose money from potential boaters; and the lake front property would drop 30% to ~ 40% in value. J o ann McCracken, Lakeland Village, commented that peak hours were not 6 and 7 a.m. it was afternoon, so the water would be sitting in the facility and the lake would be dry when boaters and others wanted to use the lake. She noted that the water would have two places to evaporate; the lake and the storage. She questioned the financing for this project and if Nevada Hydro had ever done a project like this before. John Guzman, Lakeland Village, commented that he had been a resident for over one year. He thanked Council for taking the time to have a Study Session. He indicated that Lakeland Village residents were concerned about this project. ~ Charlene Klary, Lakeland Village, commented on all the previous attempts of projects regarding the Lake. She indicated that she was concerned about the pump station and the transmission line on the mountains. She noted that Temecula and Murrieta refused to have the invasion on their landscape. She noted that the power was not for local residents specifically. She further noted that she was concerned about the possible noise pollution this could generate. '-' AGENDA ITEM NO. . I C\.... PAGE~OF Cl ,-.... PAGE FIVE - STUDY SESSION MINUTES - JUNE 24, 2004 David Bertolda, Lakeland Village, commented that this project would reduce property values. He noted it could possibly cause a class action lawsuit. He indicated they were concerned with making money and suggested Council did their homework on this project. Fred Francia, 21050 Kimberly Court, thanked Council for the Study Session. He noted that he did not oppose the project. He questioned possible traffic congestions if the project upon completion attracted numerous people. Gene Frick, complemented Mayor Buckley on the detailed articles he had done on this issue as a reporter. He noted that FERC would be the permitting agency and the City had made a submission to FERC. He noted the impact to the lake might be tremendous. Mayor Buckley asked Mr. Wade to respond to the questions asked by the ,-.... residents. Mr. Wade explained that the financing on the project would be two separate parts. He indicated that the power lines would likely be federally rate based. He noted this would be spread out over the three public utilities, so the charges on residents' electric bills that paid for power line and distribution would be a part of that. Likely the funding for the power lines would be private. The power plant would likely be a merchant facility. He also indicated that they could be funded through municipal bonds. Mr. Wade indicated that the noise level was only at the surface, because of the ventilation fans. Mr. Wade explained that the CPUC was a governing body for the three public utilities (SDG&E, SCE, and PGE). Mayor Pro Tern Kelley indicated that this project would have a huge impact on the entire community. She questioned the exact location t)f the pumping plant and ifit was one block over from Butterfield Elementary. Mr. Wade explained that the project was close to the elementary school. She inquired on the location of the coffer damn. Mr. Wade explained it would be directly on the shoreline unless the City and EVMWD and the water agencies determined that ,...... some intake structures under the water might be better for the lake. She asked the number of acres required for the pumping station. Mr. Wade indicated that AGENDA ITEM No._I~ PACE 5 OF PAGE SIX - STUDY SESSION MINUTES - JUNE 24,2004 ~ underground it was 100 feet wide by 300 feet long and roughly an access shaft 75 feet in diameter to the surface. Mayor Pro Tern Kelley explained that there were two different timelines and noted that it was suggested that the transmission lines could be built and the project abandoned at that point leaving just the transmission lines. She asked Mr. Wade to elaborate on that issue. Mr. Wade commented that with the industry coming back, the State faces the electrical problem again and everyone wanted to see the powerlines installed; and it was the only long term project with the Cal ISO's to find a way to have the lines installed. He indicated that the problem was that they see a lot of benefit with the hydro project. He noted that the powerlines solved one problem to get power from A to B. He further noted that the power plant would have a lot of benefits; and he suggested pursuing until the FERC or the agencies give a valid reason why it should not be built. Mayor Pro Tern Kelley inquired if they could guarantee the residents both projects. Mr. Wade indicated that they could not. Mayor Pro Tern Kelley questioned vibration in the area. Mr. Wade indicated there would be no vibration. Mayor Pro Tern Kelley inquired if the force of the water coming from the penstock tunnels would strip the ~ sediments at the bottom of the lake. Mr. Wade advised that they could make the intakes large enough in area, which would reduce the velocity of the water so that it would not pick up sediments. Mayor Pro Tern Kelley indicated that in the settlement agreement between the City and EVMWD the City set aside $650,000 per year from the budget. She inquired if EVMWD was prepared to make a concession to the City if they were going to be paid $1.8 million each year. Ben Wicke, EVMWD commented that he would hope to see the $650,000 go away because it would be enough revenue generated that neither EVMWD or the City would need to continue funding. Councilman Schiffner inquired where the supply of water would come from and indicated that the elevation of the lake and the disturbance of the water at the structures concerned him. He advised that these issues were discussed before with Mr. Wades' organization and the answer was that they had not gotten to that part of the design. Mr. Schiffner indicated that unless those problems could be solved he would not be willing to give up the fluctuation of the water line, for it might increase the shallowness in other areas of the lake and might affect the response of the fish. ~ ACENDA ITEM NO. I CL PACE (p OF-9.- ,..-- ,..-- ,-.... PAGE SEVEN - STUDY SESSION MINUTES - JUNE 24, 2004 Councilman Hickman deferred to City Manager Watenpaugh for a response if the City had any input on the issue. City Manager Watenpaugh noted that Council had asked the City Attorney to file a letter as an intervenor, so the City would have an opportunity to review and be at the table. City Manager Watenpaugh deferred to Assistant City Attorney Mann. Mr. Mann advised that the City did not have regulatory approval process, but he believed that FERC was interested in the City's position and concerned regarding the project. Mr. Mann noted that the City Attorney had filed a letter indicating the City felt additional studies were necessary and also filed a motion to intervene so the City was a party in the action. Councilman Magee indicated that the way the documentation was written there would be only about $20,000 distributed to the City of Lake Elsinore. Mr. Wade advised that everything he has discussed reflected the fee being paid to the District specifically for lake management and he was unaware of $20,000. Mr. Lendowski noted that the $20,000 was to stock the lake with bass. Councilman Magee noted that $20,000 would only purchase approximately 9,000 bass. Mr. Magee inquired if Nevada Hydro was considering any type of host fee to the valley. Mr. Wade indicated not at this time. Councilman Magee noted that under the list of supporters for the project it listed the City of Lake Elsinore. He questioned if the City had endorsed the project. City Manager Watenpaugh commented that the only letter he was aware of was a letter that the previous Mayor had provided in her opinion only it did not represent the City and it was condition under the benefits that were referenced. Mr. Magee noted the absence of the County Board of Supervisors and specifically Supervisor Bob Buster, who represented the Lakeland Village community. He further noted he would be interested in receiving input from the Supervisor Buster on the project. Mr. Wade indicated that he had not spoken to Supervisor Buster. Mr. Morrison commented that the Board of Supervisors took a vote on powerlines in general. He advised that Supervisor Buster- had not taken a position on the project publicly. Councilman Magee questioned if the School District had taken a position on the project. Mr. Morrison commented they had not. Councilman Magee commented that he would like to see the $150 million go towards undergrounding the powerlines. Councilman Magee asked City Manager Watenpaugh to briefly discuss the research staff had conducted AGENDA ITEM NO..-J Q. PAGE -, OF q PAGE EIGHT - STUDY SESSION MINUTES - JUNE 24, 2004 -..." regarding this project. City Manager Watenpaugh indicated that two staff members were invited to attend a 2 Y2 day tour of the Big Creek Hydro Pump Project located in the Sierras. He noted that Lake & Aquatic Resources Director Kilroy and Senior Planning Manager Villa attended the tour, so they would have a first hand knowledge of what the pumps look like and how they operate. He further noted the tour was setup to show staff how the operation functions. Councilman Magee commented that in order for him to support the project he would need to be assured that the recreational opportunitites improved along with water quality. He further commented that the economic influx that might be created by this project can not be offset by any degradation to the lake or quality of life. Mayor Buckley indicated that it was his understanding that the energy bill would not pass this year. Mr. Wade indicated that it was a political year and the bill was passed by the House of Representatives. Mayor Buckley questioned if Decker Canyon was also a possible site for the project. Mr. Wade confirmed. Mayor Buckley asked how much of the lake would be cut off for safety reasons. "-'" Mr. Wade indicated he would need to respond to that question later and he would supply approximate dimensions. Mayor Buckley requested the letter of support from the previous Mayor be removed from the report. Mayor Buckley indicated that there were potential benefits in the project. Mr. Wade commented that in the past they had held several workshops with the City and took that input to their scientist to move forward. He suggested continuing to work with the Council and staff for input to provide feedback to their scientist and allow the input into the project. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 5:30 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE "-'" AG;.1t<QA ITEM ffO.-' Q .. .. PACE ~ OF cr ",- PAGE NINE - STUDY SESSION MINUTES - JUNE 24, 2004 Respectfully submitted, Frederick Ray, Deputy City Clerk ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE ",- . ,,--. AGENDA ITEM NO. I Q PAGE--9-0F q MINUTES .~ PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JULY 20,2004 CALL TO ORDER; Chainnan LaPere called the Regular Planning Commission Meeting to order at 6:05 PM. Commissioner Larimer led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: LAPERE, O'NEAL, LARIMER, AND RYAN UHLRY ABSENT: COMMISSIONERS: ~ Also present were: Director of Community Development Brady, Planning and Code Enforcement Manager Villa, Engineering Manager Seumalo, Planning Consultant Donahoe, Associate Planner Coury, Associate Planner Miller, Community Development Technician Hennings, Office Specialist Porche' and Deputy Gty Attorney Miles. PUBLIC COMMENTS Hector Zubieta, 22819 Brighton Court, Wtldomar CA stated that he is a designer in the area and has been working on single-family homes since 1984. He requested that he would like to have the Single Family home handled administratively, as it would expedite the process. Chairman LaPere suggested Mr. Zubieta discuss this matter with Community Development Director Brady. CONSENT CALENDAR ~ The following Item was pulled from the Consent Calendar for further discussion and consideration: . Item No.5 ~ The Following Consent Calendar items were approved: Ar.r:'rJ;/IT~rl~ NO I b --. PA~E. .'f . OF /Jr PAGE 2 - PLANNING CDMMISSION MINlITES - JULY 20,2004 1. Minutes: ~ Planning Conunission Minutes of July 6, 2004. Chairman LaPere indicated that on page one of the minutes, it should be noted that the Oath of Office should have been noted before the Call to Order. He stated that in addition to that correction, Michael O'Neal was also given the Oath of Office. Vice Chairman O'Neal noted a correction to the minutes on page 10 of 13, it should read that the drawr7[f rmJ to rrret a rri:nirmm starxiard, am in this case uhile the drawng uere sloppy, they uere rr:adaHe. MOVED BY O'NEAL, SECONDED BY LARIMER AND PASSED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR WITH THE CORRECTIONS TO THE JULY 06,2004 MINUTES. 2. Minor Design Review for a Single-Family Residence at 16495 Stevens Street RESOLUTION NO. 2004-104 A RESOLUTION TO THE PLANNING COMMISSION OF THE aTY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW FOR A ~ SINGLE FAMILY RESIDENCE LOCATED AT 16495 STEVENS STREET APN 378- 223-084. 3. Minor Design Review for a Single- Family Residence at 16800 Pierce Avenue RESOLUTION NO. 2004-105 A RESOLUTION TO THE PLANNING COMMISSION OF THE aTY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 16800 PIERCE AVENUE APN 378- 234-010. 4. Minor Design Review for a Single-Family Residence at 315 Scrivener Road RESOLUTION NO. 2004-106 . A RESOLUTION TO THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE TO BE LOCATED AT 315 SCRIVENER ROAD APN 374-082-010. ~ AGENDA ITEM NO. PAGE ,?- Ib OF /3 PAGE 3 - PLANNING CDMMISSION MINUTES - JULY 20,2004 ,......, MOVED BY O'NEAL, SECONDED BY RYAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS REVISED AND AMENDED. PUBLIC HEARINGS 6. Tentative Parcel Map No. 32336 and Tentative Tract Map No. 32337 for Forecast Homes. Chairman LaPere opened the Public Hearing at 6:12 PM, and requested the reading of the Staff Report. Community Development Director Brady stated that this item was continued from the July 6, 2004 Planning Commission Meeting at the request of the applicant. He requested Planning Consultant Donahoe to review the Staff Report with the Commission. Planning Consultant Donahoe stated that this project was continued at the request of the applicant in order to go over some of the Conditions of Approval that they are negotiating. She stated that this is last portion to be subdivided of the La Laguna Specific Plan. She indicated that this project represents Phases 4 through 6 of the Specific Plan. She indicated that the ~ project site is north of McVicker Park and west of Grand and Lincoln. Planning Consultant Donahoe stated that Tentative Parcel Map No. 32336 would divide 299 acres of unimproved property into 8 parcels for the purpose of sale and development. She stated that the Tentative Tract Map No. 32337 would subdivide the 153 acres of Parcels 2 through 4 into 309 single-family residential lots and nine open space lots. Planning Consultant Donahoe indicated that the Tentative Tract Map offers lot sizes that range from 6,000 square feet to 17,000, with the average lot size of 9,124 square feet. She indicated that the overall density for the tract is 2.02 dwelling units per acre. She noted that the 309 proposed homes in the Tentative Tract Map would bring the total for the Specific Plan to 633 homes. Planning Consultant Donahoe stated that the applicant has varied the setbacks along McVicker Canyon Park Road would provide some open space and green area and will have enhanced landscaping in order to provide a good streetscape. She stated that one issue that remains is the hours of construction. She stated that Forecast has requested to have their hours increased to include Saturdays. Staff stated that Staff does not support this request. ,...-., Planning Consultant Donahoe called attention to Condition No. 71. She indicated that the Condition should read, "Prior to the issuance of the first building permit of each phase, the applicant shall annex that phase into the Community Facilities District. She indicated that Staff recommends that the Planning Commission approve and adopt a Resolution based on the Findings, Exhibits, and is subject to the Conditions of Approval. She stated that the applicant is available to answer any questions that the Commission may have. A.GENOA ITEM NO. PACE ~ Ib OF I J, PAGE 4 - PLANNING ffi1v1MISSION MINUTES - JULY 20, 2004 Cbainnan LaPere requested Mr. George Dale to the podium. .~ George Dale, the owner of La Laguna Estates indicated that he would like to go on record to note that he is objecting to Condition No. 16 and 71 due to conflict with the Development Agreement that the Gty entered into with La Laguna. He indicated that he has discussed with Forecast Homes and they are willing to accept the Conditions as is. Mr. Dale submitted a letter to the Commission, which outlines his objection. Steven Ford, 3536 Concours Street, Suite 100, Ontario stated that he is the Vice President for Forecast Homes Southern Region. He indicated that he has read and agrees to the Conditions of Approval, to include Condition No. 16, which Mr. Dale is objecting to and Condition 71, which has been modified. There being no further comments from the public, Cbainnan LaPere brought the discussion back to the Commission for comments. Vice Chainnan O'Neal requested clarification on page 2 of 43, under Tentative Parcel Map Conditions of Approval Cbanges. He asked if the word in the first sentence should read facilitate and not facilities. Planning Consultant Donahoe stated that this was an error, and should read, "Facilitate". Vice Cbairman O'Neal stated that he would like to go on record that he is still in favor of ~ allowing the applicant to work on Saturdays. He had no further comments. Commissioner Ryan asked the applicant who is responsible for maintaining the open spaces once the project has been completed. Mr. Dale stated that the HOA would be handling the maintenance. Commissioner Larimer stated that she is not comfortable seeing so many Conditions of Approval deleted. Commissioner Larimer requested Mr. Dale to approach the podium. She asked the applicant how many years have they been in the Gty. Mr. Dale indicated that they have been property owners in the Gty and County for nearly 30 years. He stated that in response to Commissioner Ryan's question on who's going to maintain open space, he indicated that the HOA would maintain the area through an agreement. He stated that the reasoning behind the deletion of so many Conditions of Approval is for clean up. Commissioner Larimer asked if the developer would be responsible for paying the Gty fees. Mr. Dale stated "Yes". He briefly discussed the obligations of the applicant regarding the Development Agreement and fees to Commissioner Larimer. "-" Commissioner Larimer asked the applicant if there were any plans for a recreation center. AGENDA lTEM ~O'_ 16 PACE~OF ~ PAGE 5 - PLANNING COMMISSIONMINlITES - JULy 20,2004 ~ Mr. Steve Ford indicated "No, not in the Specific Plan". Commissioner Larimer concurred with the Condition that prohibits construction on Saturdays. She had no further comments. Chairman LaPere asked Mr. Ford if he agreed to Condition No. 16, which discusses the working hours. Mr. Ford stated "Yes". Chairman LaPere asked for an explanation to Condition No. 72. Director of Community Development Brady stated that the applicant is required to annex into the citywide Lighting and Landscaping Maintenance District. Chairman LaPere indicated that he had no further comments. Commissioner Larimer asked Staff why some of the Conditions are being deleted from the parcel map. ,...... Planning Consultant Donahoe stated that this is a rather unusual situation. She indicated that normally the property owner and developer are one and the same. She noted that Mr. Dale owns the property, and is selling off a parcel to develop. The open space parcel will go to the conservancy. She stated that the Conditions that apply to the Parcel Map have caused concern to Mr. Dale. She stated that the Conditions for construction could be placed on the Tentative Tract Map. She noted that this is a financing map and there will not be any construction that is directly related to the Parcel Map. There being no further comments, Chairman LaPere closed the Public Hearing at 6:40 PM, and requested the reading of the Resolution. ,...... MOVED BY O'NEAL, SECONDED BY RYAN AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-107, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE aTY COUNOL APPROVAL OF TENTATIVE PARCELS MAP NO. 32336 LOCATED NORTH OF MCVICKER PARK AND WEST OF GRAND AVENUE AND LINCOLN STREET (ASSESSOR'S PARCEL NOS. 391-260-047, -050, AND -051), A DIVISION OF 299::t ACRES OF UNIMPROVED LAND INTO EIGHT (8) PARCELS. MOVED BY LARIMER, SECONDED BY RYAN AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-108, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 32337 LOCATED NORTH OF ACENDA ITEM NO. PAGE 5 /6 OF 1.1 PAGE 6 - PLANNING COMMISSION MINUfES - JULY 20,2004 MCVICKER PARK STREET WITHIN THE AREA DESIGNATED AS SPEOFIC ,...." PLAN AREA B-LA LAGUNA ESTATES (ASSESSOR'S PARCEL NOS. 391-260-047,- 050 AND 051), A SUBDIVISION OF 153:t ACRES INTO 309 RESIDENTIAL LOTS AND NINE (9) OPEN SPACE LOTS TO INCLUDE THE MODIFICATION TO THE CONDITIONS OF APPROVAL. 7. Tentative Parcel Map No. 32611 and Industrial Project No. 2004-03 -C & C Collier Street Development Partners Industrial Complex. APN 377-151-070. Chainnan LaPere opened the Public Hearing at 6:44 PM and requested the reading of the Staff Report. Director of Corrnnunity Development Brady indicated that this project is a Tentative Parcel Map and Industrial Project and requested Associate Planner Gmry to review it with the Commission. Associate Planner Coury indicated that this project proposes the subdivision of a 5.89-acre parcel of land into six parcels for industrial development and for the Design Review and construction of seven industrial buildings. He indicated that the project site is located on Collier Avenue between Third Street and Crane Street. Associate Planner Coury stated that the applicant is providing 261 parking spaces including 49 compact spaces and 12 handicap spaces, complying with the ADA requirements and LEMC Parking Requirements. He indicated that the applicant is providing landscaping on 17.2% of the project site. He noted that this exceeds the minimum landscaping coverage requirement of eight percent (8%) per Section 17.54.090.C of the LEMC. He corrnnented that enhanced decorative paving would be incorporated into the design of the driveway off Collier Avenue. ,...." Associate Planner Coury stated that the applicant is proposing to construct seven pre-cast concrete buildings. He indicated that each of the buildings would incorporate a pop-out tower element for visual relief and shadowing. He noted that the roofline of the pop-out tower element is 2 ~ feet higher than the main building roofline, and is capped with a cornice treatment, providing more articulation to an otherwise straight or flat roofline. Associate Planner Coury stated that the Tentative Parcel Map and Industrial Design Review is provided by Negative Declaration No. 2001-02, which was approved by the Gty Council in September 2001. He noted that no further environmental clearances are required for the project. He indicated that Staff recorrnnends that the Planning Commission approve and adopt a Resolution based on the Findings, Exhibits, and is subject to the.Conditions of Approval. He stated that the applicant is available to answer any questions that the Commission may have. Lately, he noted that there is a correction to Condition No. 25. Associate Planner Coury handed each of the Commissioners a copy of the corrected Condition. Chairman LaPere requested the applicant to approach the podium. ....., A.CENOA ITEM NO. PACE (p lb OF /3 PAGE 7 - PLANNING CDMMISSION MINUTES - JULY 20,2004 ~ Mr. Michael Cargile, 33761 Kinkerry Lane, San Juan Capistrano stated that he is a development partner with C& C Colliers Street Partners. He indicated that this is the first development opportunity with the Gty. . He stated that Staff is very cooperative and conununicative. He suggested having on the first design review to submit color boards and then once the elevations have been agreed by Staff and the applicant, then submit the color elevations. He stated that he would be available to answer any questions that the Commission may have. Chairman LaPere asked the applicant if he has read and agrees to the Conditions of Approval. Mr. Cargile stated "Yes". There being no further conunents from the public, O1airman LaPere brought the discussion back to the table. Commissioner Ryan asked the Director of Conununity Development Brady to clarify the split zoning which subdivides the parcels and the environmental determination. Director of Conununity Development Brady indicated that the area has split zoning, and the environmental document has taken into consideration all aspects of the zoning requirements. Commissioner Ryan had no further questions. ~ Vice O1airman O'Neal stated that he concurs with Staff's reconunendation, and stated that he concurs with the applicant's suggestion on the color boards. He had no further comments. Commissioner Larimer stated that she appreciates the extra landscaping and the color elevations. She had no further conunents. Chairman LaPere stated that the project is very well put together. He indicated that he appreciates the Director of Conununity Development Brady explaining to Commissioner Ryan the split zoning. He had no further comments. There being no further comments, O1airman LaPere closed the Public Hearing at 6:55 PM, and requested the reading of the Resolution. MOVED BY O'NEAL, SECONDED BY RYAN AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-109, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNOL APPROVAL OF TENTATIVE PARCEL MAP NO. 32611 LOCATED AT ASSESSOR PARCEL NUMBER 377-151-070 TO INCLUDE THE MODIFICATIONS TO CONDITION NUMBER 25. ~ MOVED BY RYAN, SECONDED BY LARIMER AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-110, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE t<.GENDA iTEM NO. / b PACE 7 OF 1..3 PAGE 8 - PLANNING ffiMMISSION MINUIES - JULY 20,2004 ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNOL APPROVAL OF DESIGN REVIEW FOR INDUSTRIAL PROJECT NO 2004-03, TO BE LOCATED ON COLLIER AVENUE-ASSESSOR PARCEL NUMBER 377-151-070 TO INCLUDE THE MODIFICATIONS TO CONDITION NUMBER 25. "-'" d1ainnan LaPere apologized to the audience that the Planning Corrunission is implementing a new procedure by having the Single-Family Residential projects listed on the Agenda under the Consent Calendar. He stated because of this, he over looked Ms. Barbara Anderson, who wished to speak regarding Item 4, under the Consent Calendar. He requested Barbara Anderson to approach the podium. Barbara Anderson, 304 N. Lewis Street, Lake Elsinore stated that there are a number of vacant lots in the area. She expressed that she would hate to see manufactured homes put on each of these lots, as she feels that it would diminish the property value. She stated that some of the homes in the area are older homes, and the residents in the area are trying to upgrade the area. She stated that she feels that manufactured homes would not increase the value to the area. d1ainnan LaPere explained to Ms. Anderson that California Law does not allow the Gty to prohibit manufactured. homes from coming into the Gty. However, he stated that the Corrunission makes sure that the manufactured homes are built. equal to or better than a stick home. Director of Community Development Brady added that the Commission has denied in the past manufactured homes, as well as stick built homes based on poor design. He wanted to go on record to state that the Corrunission is very concerned, and takes a close look at these homes as well. ~ ITEM PULLED FROM THE CONSENT CALENDAR 5. Addendum for Sign Program No. 2004-04 for SOS Storage (formerly Summerhill Residential Self-Storage Facility No. C 2001-01). d1airman LaPere indicated that this next item was pulled from the Consent Calendar at the request of Corrunissioner Larimer. He requested the reading of the Staff Report. Director of Community Development Brady stated that this item ~ for the Sign Program for the Storage Facility located off Canyon Estate Drive, and requested Associate Planner Miller to review it with the Commission. Associate Planner Miller explained to the Commission that this project is an addendum to the Sign Program, and therefore is being brought back to the Commission. She stated that the Sign Program was brought to the Planning Commission on June 15, 2004. She stated that the applicant requested approval for 7 signs; however, the Planning Commission allowed the ~ construction of up to three sign of their choice pending the re-submittal of a Sign Program. AI.IEJmA ITEM No.-1b PAGE t OF /J PAGE 9 - PLANNING CDMMISSION MINUTES - JULY 20, 2004 '""" Associate Planner Miller stated that the applicant is now requesting approval for two additional signs, one on the east wall of building B2, and one on the south elevation of building C. She stated that Staff has reviewed the applicant's request, and recollllI1ends that the Planning CollllI1ission approve the Sign Program No. 2004-04. She stated that the applicant and owner are available to answer any questions that the CollllI1ission may have. Chairman LaPere requested the applicant to approach the podium. Brian Hughes, 1200 Aviation Blvd., Redondo Beach stated that he is the Vice President for Anastasi Development Construction, and would be representing the owner/builder. . Chairman LaPere asked Mr. Hughes if he has read and agrees to the Conditions of Approval. Mr. Hughes stated "Yes". He stated that he feels that they have made a good compromise on this project. He stated that the one sign that he felt would have a negative impact on the project was the sign on the office building facing directly into the residences homes across the street from the project. There being no further COllllI1ents from the public, Chairman LaPere brought the discussion back to the CollllI1ission for COllllI1ents. ,--..,. Vice Chairman O'Neal stated that he was always in favor of 7 signs and therefore is in favor of 5 signs. He stated that the project falls within all guidelines, and concurs with Staff's recollllI1endation. CollllI1issioner Larimer asked the applicant as to why is it so important to have so many signs. Mr. Hughes indicated that they originally had 7 signs. He stated that it is their idea to have maximum exposure as possible. He stated that the project is located between the freeway and Canyon Estates Drive. He stated that they would like to maximize as much sign exposure to all angles of the freeway. CollllI1ission Larimer stated that she is not in favor of 5 signs and feels that it is too excessive. She stated that the property next to the Storage Facility is for sale, and doesn't want to see cOllllI1ercial buildings with a lot of signage. She expressed that she feels that the residents in the Gty would like to have the Gty remain a country atmosphere. She stated that she feels that so many signs would disrupt that feeling. She asked the applicant if they have conducted of any studies that would support any evidence that more signs would brirlg in more customers. Mr. Hughes stated that they have met all of the Conditions of Approval. He collllI1ented that it is their purpose to have maximum exposure, which is why they are requesting the additional SIgns. ,--..,. CollllI1issioner Larimer stated that she agrees that the signs are in good taste; however, she stated that she is just looking out for the future for the Gty. She had no further COllllI1ents. ACENDA ITEM NO. PAGE if /b OF/a ~ PAGE 10 - PLANNING CDMMISSION MINUTES - JULY 20, 2004 Cormnissioner Ryan asked the applicant if the 45-foot freeway sign would be lit. -."" Mr. Hughes stated "Yes". Cormnission Ryan asked if the Monument Sign would be on the other side, near the entrance off Canyon Estates Drive. Mr. Hughes stated "Yes". Cormnissioner Ryan asked if the third sign is also visible from the freeway. Mr. Hughes stated, "The third sign that we have chosen initially was on the office which would not be visible from the freeway" . Cormnission Ryan indicated that he does not like signs either. He stated that he is not sure as to why the one large sign that is visible from the freeway would not be enough. He stated that with the other business coming into the area, if everyone had the maximum amount of signs on their building were allowed, the area would become very commercial looking. He had no further comments. Vice Chairman O'Neal stated that the Oty's Ordinance allows the applicant to have seven signs. Director of Community Development Brady stated that this project meets all of the ~ requirements of the Oty's Sign Code. Chairman LaPere stated that he has no comments project, and requested the reading of the Resolution. MOVED BY O'NEAL, SECONDED BY RYAN AND PASSED BY 3-1 VOTE WITH LARIMER OPPOSING TO ADOPT RESOLUTION NO. 2004-111, A RESOLUTION OF THE PLANNING COMMISSION OF THE aTY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW FOR SIGN PROGRAM NO. 2004-04 FOR SOS STORAGE LOCATED AT 31555 CANYON ESTATE DRIVE APN 363-550-050. INFORMATIONAL ITEMS Director of Community Development Brady stated that at th~ last Planning Cormnission Meeting, the Planning Cormnission requested information on the Study being conducted of Country Oub Heights. He stated that the Country Oub Heights Committee had been invited to attend tonight's meeting to give a brief overview of their progress. Chairman Raymond Tamargo, 17747 Skyline Drive, Lake Elsinore stated that he is joined tonight with two other members of their Committee. He stated that they were appointed by the Oty Council in order to come up with ideas as what to do with Country Oub Heights, and how ..., to make it more buildable. He stated that earlier this year, they received bad news from the AGENDP. ITEM NO. PACE ID OF 16 _ /3_ PAGE 11 - PLANNING CDMMISSION MINUTES - JULY 20, 2004 ,,-..... Elsinore Water District infonning the Gty that they only have a limited number of hook-ups left. He stated that they also informed the Gty that at the ridgeline at Skyline Drive and Srmnyslope that the water pressure is so bad that should a serious fire occur, they probably would not be able to put out the fire. He stated that their report is forthcoming. Chairman Tamargo stated that the Committee is also looking at the Design Standards, Zoning, and possibly a Specific Plan for that area. He noted that at this time the Committee has not come to any actual conclusion however, he would be available to answer any questions that the Commission may have. Mr. John Gonzales, 16755 Hunt Avenue, Lake Elsinore stated that they would be meeting with the Lake Elsinore Fire Department to get their recommendations. He stated that the Commission is also looking into the road width, and expect to have a conclusion by December of this year. Vicky Wallace, 16685 McPherson Grcle, Lake Elsinore stated that there have been four study sessions, and each one has dealt with a different topic. Director of Community Development Brady stated that the Committee has met a number of times, and it has been a very educational process. He stated that the Committee is very in tune as to the issues and concerns with the residents in the area. He stated that there is also a /'"', possibility of expanding the area and discussed methods of financing the infrastructure improvements that would need to done with the water. Vice Chairman O'Neal asked the Director of Community Development Brady on how much grip does the Specific Plan have without a developer. Director of Community Development Brady stated that the Specific Plan has the force of a Development Plan. Commissioner Larimer thanked the members of the Committee for coming to the Planning Commission Meeting. Commissioner Ryan asked if there would ever be an agreement such as CC&R's. Mr. Tamargo stated that that there are currently over 3,000 homeowners and over 5,000 parcels, and getting that many owners to agree on an agreement would be difficult. He stated that with a Specific Plan, the Gty's Code Enforcement would be able to follow up and enforce. . Commissioner Ryan asked if the Specific Plan needed to go through Gty Council or could it be adopted by itself. Director of Community Development Brady stated that the Specific Plan would need to go through a Public Hearing process and then come before the Planning Commission and finally ,,-.... the Gty Council. He stated that the Gty is currently updating the General Plan, which will occur over the next two years. ACENOA IrEM NO. _ _ j b _._r PACE /1 OF /3 PAGE 12 - PLANNING C01v.1MISSION :MINUTES - JULY 20,2004 Commissioner Ryan asked if it is costly. ......, Director of Community Development Brady stated that there is a cost associated with the developing the Specific Plan and a cost for the Environmental Review. He stated it could be costly. Co~sioner Ryan also thanked the Comminee for taking the time to come to tonight's meetmg. Chairman LaPere concurred with Commissioner Ryan. STAFF COMMENTS Director of Community Development Brady . He informed everyone of the Chamber of Commerce Mixer that would be held on Wednesday at the Glltural Gtyat 5:30 PM. Deputy Gty Anomey Miles . He suggested to the Commission should they have any questions pertaining to the projects, ......, such as a Development Agreement, or Conservation Easement that they could contact him and discuss. PLANNING COMMISSIONER'S COMMENTS O1airman LaPere commented on the following: . He expressed that the weed abatement program is really looking good. . He thanked Staff for all their hard work. Vice O1airman O'Neal commented on the following: . He wanted to comment for the record the concerns Mr. Zu[peta has regarding the Single- Family Residential projects reviewed and approved administratively. He stated that he concurs with his recommendations, as he feels it would save a considerable amount of money and time. Director of Community Development Brady stated that one of the requirements of the Municipal Code is that all of the Single- Family homes be brought before the Planning Commission for Design Review. He stated that it is Staff recommendation and belief that these could be handled administratively. He noted that most Gty's handle it that way. He stated that it would require a Code Amendment. Chairman LaPere stated that he agrees that the Single Family homes could be handled administratively, however -as he stated ,...." ACENDA ITEM NO. PACE I~ Ib OF {} PAGE 13 - PLANNING CDMMISSIONMINlJfES - JULY 20, 2004 /"'" before, he would like Staff to update the Commission on a monthly basis the homes that were considered. Commissioner ONeal stated that he would like to see some type of oversight from the Planning Commission. He stated that it could be handled by way of having one person meeting with Staff and reviewing the projects. Deputy Gty Attorney Miles stated that because this is not an Agenized item, suggested to limit this discussion to having the Planning Commission give direction to Staff. Commissioner Ryan commented on the following: . He had no comments. Commissioner Larimer commented on the following: . She expressed to Staff and the Commission her reasoning behind moving to the Gty was because it has a small town! country atmosphere. She indicated that she feels that the residents of the Gty would like to see this feeling continue. -- ADJOURNMENT THERE BEING NO FURTHER BUSINESS, a-IAIRMAN LAPERE ADJOURNED THE MEETING AT 7:35 PM ON JULY 20,2004. Ron LaPere, Chairman Respectfully Submitted, Dana C Porche' Office Specialist III ~ ATTEST: ,....... Robert A Brady, Secretary to the Planning Commission A.CENOA ITEM NO. PACE /)) /b OF 11 . MINUTES ~ PLANNING COMMISSION MEETING OTY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, AUGUST 03,2004 CALL TO ORDER: Chairman LaPere called the Regular Planning Commission Meeting to order at 6:04 PM Director of Community Development Brady led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: LAPERE, O'NEAL, AND LARIMER, ABSENT: COMMISSIONERS: UHLRY AND RYAN ~ Also present were: Director of, Community Development Brady, Planning and Code Enforcement Manager Villa, Engineering Manager Seumalo, Planning Consultant Donahoe, Associate Planner Preisendanz, Community Development Technician Hennings, Office Specialist Porche' and Deputy City Attorney Miles. PUBLIC COMMENTS None CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: . Item No.3 1. Minutes ~ Minutes from the regular Planning Commission Meeting of July 20,2004 will be considered on the August 17,2004 Planning Commission Meeting. MOVED BY O'NEAL, SECONDED BY LARIMER AND PASSED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. ~ The following Consent Calendar items were approved: ACENOAlTEM NO. PACE { \c OF q PAGE 2 - PLANNING CD:MMISSIONMINUfES - AUGUST 03, 2004 ....., 2. Minor Design Review for.a Single-Family Residence at 16431 Arnold RESOLUTION NO. 2004-112 A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE TO BE LOCATED AT 16431 ARNOLD AVENUE APN 378-212- 020 & 021. ITEM PULLED FROM THE CONSENT CALENDAR 3. Minor Design Review of a Single Family Residence located at 29855 Reid Street Chairman LaPere indicated that normally the items pulled from the Consent Calendar would be heard after the Business Items; however, he requested to bring this item forward prior to the Public Hearing and Business Items. Chairman LaPere requested the reading of the Staff Report. ....., Director of Community Development Brady stated that this is a request for a Minor Design Review of a Single Family Residence, and requested Associate Planner Preisendanz review it with the Commission. Associate Planner Preisendanz stated that the applicant is requesting approval to develop a 6,000 square foot vacant lot with a 2,412 square foot single-story home and a 400 square foot attached garage. He noted that the Staff Report states that the garage is 371, however that is incorrect. He indicated that the architectural design would be considered G-aftsman and Colonial. He stated that the home would include a front porch, living room, kitchen, dining room, three bedrooms, and two bathrooms. Associate Planner Preisendanz stated that the applicant would provide front yard landscaping with an automatic sprinkler system, and a standard six-foot high wood fence along the perimeter of the rear yard. He stated that the project meets the minimum requirements of the Lake Elsinore Municipal Code (LEMq and has been deemed exempt pursuant to Sepion 15303, of the California Environmental Quality Act (CEQA). He stated that Staff recommends approval of this project based on the Findings, Exhibits and is subject to the Conditions of approval. He indicated that the applicant is present to answer any questions that the Commission may have. Cbairman LaPere requested the applicant to approach the podium. Mr. Hernandez, 16162 Malaga Lane, Unit A, Huntington Beach stated that he would be available to answer any questions that the Commission may have. ......." ACENDA ITEM NO. PACE c3- C OF q PAGE 3 - PLANNING COMMISSION MINUfES - AUGUST 03,2004 ~ Chairman LaPere asked the applicant if he has read and agreed to the Conditions of Approval. Mr. Hernandez stated "Yes". There being no further comments, Chairman LaPere brought the discussion back to the Commission for comments. Vice Chairman O'Neal stated that this home would be a nice addition to the Gty. He asked Staff about Condition No. 16, which spoke of the square footage of the garage. Associate Planner Preisendanz stated that the Condition is correct. He stated that the architect has been notified and would bring the garage up to the Gty Standards. He indicated that the garage would be 400 square feet, and not 371 as mentioned in the Staff Report. Vice Chairman O'Neal had no further comments. Commissioner Larimer asked Staff if the Gty requires the wooden fences to be painted. Director of Community Development stated that the fences must be either treated or painted. ~ Commissioner Larimer had no further questions. Chairman LaPere had no questions. There being no further questions, Chairman LaPere called for the reading of the Resolution. MOVED BY O'NEAL, SECONDED BY LARIMER AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-113, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 29855 REID STREET, APN 375-023- 032,033 & 034. PUBLIC HEARINGS >> 4. Zone Change No. 2004-10 and Conditional Use Permit No. 2004-16 for the "The Trailer Man" Chairman LaPere opened the Public Hearing at 6:13 PM, and requested the reading of the Staff Report. --- AGENDA ITEM No.3"'- 9 -~ PAGE3 OF - PAGE 4 - PLANNING mMMISSION :MINUTES - AUGUST 03,2004 Community Development Director Brady stated that is a Public Hearing for a Zone Change and ...." CUP request, and requested Community Development Technician Hennings review it with the Commission. Community Development Technician Hennings stated that the Zone Change is being requested to bring the zoning of two parcels into conformance with the General Plan designation. She stated that the proposal is to change the zoning from M-1 Limited Manufacturing to G 2 General Commercial. Community Development Technician Hennings stated that the CUP is for operation of a recreational sales lot. She stated that the property is located at 18791 Dexter Avenue between Central Avenue and Second Street. She stated that the property fronts both Dexter Avenue and Interstate 15. She stated that the applicant would be selling a variety of recreational vehicles and trailers. She stated that the proposed hours of operation would be from 9:00 AM to dusk, Monday through Saturday, and Sunday from 12:00 PM to dusk Community Development Technician Hennings stated that the display area shows 14 display trailer spaces. She indicated that the applicant would provide 25 parking spaces and 2 handicap spaces. She stated that the applicant is proposing to leave the site graveled, and would have a chain link fence around the site. She noted that landscaping would be provided along the freeway and Dexter Avenue arid within the project. She commented that only two security lights would be provided since the facility would close at dusk She stated that that applicant is proposing to use a modular sales office, and the existing buildings would remain as part of the facility. She stated that this use is considered an interim use until further development takes place and until the utilities are available along Dexter Avenue, at which more permanent improvements would be required. ......., Community Development Technician Hennings stated that Staff has worked with the applicant and owner through out the process and a few issues remain to be discussed. She stated that Staff supports the request for the Zone Change however is concerned with the aesthetics of this project, as this is a very visible project from both Dexter Avenue and more importantly from Interstate 15. Therefore, she requests that the Planning Commission consider this request for the CUP. She stated that the applicant is present to answer any questions that the Commission may have. Chairman LaPere requested the applicant and owner to approach the podium. William Maisel, PO Box 686 Lake Elsinore stated that he is the owner and co-applicant of the site. Mr. Marc Hauser, 20775 Burl Oakes Q, Murrieta stated that he is the co-applicant. ~ Chairman LaPere asked if Mr. Maisel and Mr. Hauser agree to the Conditions of Approval. Both Mr. Maisel and Mr. Hauser indicated "No". Cbairman LaPere asked the applicants if they would agree to have the project Continued in order to work out the issues. Mr. Hauser asked if it would come back to the Commission. -..""" \t.- AGENDA lT~ r.=- q PAGE OF - PAGE 5 - PLANNING ffiMMISSION MINUTES - AUGUST 03,2004 ,...... Chainnan LaPere stated "Yes". Mr. Hauser stated that he just ~ceived the Staff Report on Monday night, and has not had the time to go through all of the Conditions. Deputy Gty Attorney Miles suggested to listen to the applicant and Staff's issues, and then have the Planning Commission make a decision. Chainnan LaPere requested that the applicant go over all of the Conditions that he does not agree to. Mr. Hauser stated that he has concerns with Conditions No. 19,20, 29, 41, 42, 45, 50, 51, 52, 53, and 54. Chairman LaPere requested for the Commissioners comments. Vice Chairman O'Neal stated that he doesn't have any problems v.>ith the Zone Change, however, indicated that he could not approve the ClW, as it is incomplete. Commissioner Larimer staied that she has many issues v.>ith this project, to include the fencing, and landscaping. r-, Chainnan LaPere stated that he too has many issues v.>ith this project to include the fencing. He indicated that this project is visible from the Freeway and landscaping is necessary. He suggested that the applicant and Staff work out their differences. He noted that there hasn't been any mention of a sign. Mr. Hauser stated that their isn't' a signage program proposed at this time. After a lengthy discussion over all issues, it was determined that the project be Continued to the next regular Planning Commission. There being no further comments by the Commission or applicant, Chairman LaPere closed the Public Hearing at 6:48 PM and requested a Motion to have the project continued. MOVED BY O'NEAL, SECOND BY LARIMER TO HAVE ZONE CHANGE NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-16 CONTINUED TO AUGUST 17,2004 REGULAR PLANNING COMMISSION MEETING. BUSINESS ITEMS r- 5. Design Review No. R 2004-04 for the Ramsgate Apartment Homes 4CENDA 'TEM NO. I C, PACE S ~ PAGE 6 - PLANNING CDMMISSION MINUTES - AUGUST 03,2004 ......, Chainnan LaPere requested the reading of the Staff Report. Director of Community Development Brady indicated that this project is a Design Review of an apartment complex located within the Ramsgate Specific Plan, and requested Planning Consultant Donahoe to review it with the Commission. Planning Consultant Donahoe stated that this is a request for apartment complex consisting of 352 apartment homes, with a leasing office and clubhouse and pool, and other ancillary buildings. She stated that the project is located on the south side of State Highway 74, approximately one mile east of Interstate 15 within the Ramsgate Specific Plan. She indicated that the units are contained in fourteen structures that vary in four sizes and floor plans. She stated that the project would provide a total of 691 parking spaces, 362 covered and 329 uncovered, which meets and exceeds Zoning Code requirements because only 352 spaces needed to be covered. Planning Consultant Donahoe indicated that the complex includes a recreation clubhouse and leasing office of approximately 5,000 square feet, adjacent to a pool and spa. She noted that two other recreation areas provide barbecues and a tot lot, in landscaped open space totaling 6.7 acres. She indicated that six courtyard entries with seating areas and landscaping and a mail kiosk round out the amenities in the project. Planning Consultant Donahoe stated that Conditions No. 88, 89, & 94 are to be deleted, as they do not apply to this project. She noted that Staff recommends that the Planning Commission approve and adopt a Resolution based on the Findings, Exhibits and is subject to the Conditions of Approval. She commented that the applicant and his development team members were available to answer any questions that the commission may have. '-' Chainnan LaPere requested that the applicant approach the podium. Mr. Ed McCoy, 5510 Morehouse Drive, San Diego with Fairfield Residential. He stated that it has been a pleasure to work with Staff, and is looking forward to working with the Gty. He indicated that he has read and agrees to the Conditions of Approval to include Conditions 88, 89 & 94 that have been deleted. O1airman LaPere stated that there are no requests to speak, and therefore brought the discussion back to the table for comments. Commissioner Larimer stated that who ever put the packets together did a great job, as she had all the information available. She asked the applicant what made this proj~ct unique in Lake Elsinore. Mr. McCoy indicated that Fairfield products could stand up to any multifamily product in the nation as one of the highest end luxury communities that could possibly come to the city.f Commissioner Larimer specified that when she meant unique, she meant from their other projects that would make it unique to Lake Elsinore. '-' ~"':N\)A 11 ::':d tm. PACE (p Ie OF -1' PAGE 7 - PLANNING ffiMMISSION MINUTES - AUGUST 03,2004 ",..-..., Mr. McCoy stated that the tandem space would be enhanced more than elsewhere and that this is the first U-shaped product that they have used in the Inland Empire. Commissioner Larimer asked if the mail kiosk was well lit. Mr. McCoy indicated "Yes". Commissioner Larimer noted that the window design at the clubhouse could be enhanced. She requested that the monument sign be well lit, possibly having a waterfall, or something to really make it stand out. She indicated that this would be the first project into Ramsgate and would like to set high standards. She had no further comments. Commissioner O'Neal stated that drawings are fabulous and it looks like it is a wonderful apartment complex, and would be a handsome addition to Lake Elsinore. He wished the applicant luck with the project. Chairman LaPere asked at what entrance is the monumental sign. Planning Consultant stated that the monument sign that is in discussion is off "A" Street. She stated that the monument signs have not been designed yet, however, and Staff and the applicant could work out a design to include the recommendations noted anonight's meeting. ",..-... Chairman LaPere stated that he hopes that it is taken into serious consideration to have a monument sign to include water, as it would draw anention to that location, and set it apart from other projects. He indicated that the project is well put together. He had no further comments. Commissioner Larimer requested that the words "Lake Elsinore" be incorporated into the monument sign somewhere. She also requested that once the project has been complete, that the tenants treated with respect. She indicated that she made a visit to one of the applicants other completed projects nearby and was treated with disrespect. She stated that customer service is very important, and hopes that the citizens of Lake Elsinore are treated fairly. Chairman LaPere concurred with Commission Larimer comments on the importance of customer service. He had no further comments. There being no further comments, d1airman LaPere requested the reading of the Resolution. ",..-... MOVED BY O'NEAL, SECONDED BY LARIMER AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADC>PT RESOLUTION NO. 2004-114, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING DESIGN REVIEW FOR A MULTIPLE-FAMILY RESIDENTIAL PROJECf NO. R 2004-04, FOR LEASING OFFICE, CLUBHOUSE WITH POOL, AND PLAN, LOCATED ON THE SOUTH SIDE OF STATED HIGHWAY 74, APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, AND IDENTIFIED AS APN 377-373-008, 347-120-016 AND A PORTION OF -022 TO INCLUDE MODIFICATIONS TO THE CONDITIONS OF APPROVAL. AGENDA ITEM NO. PAGE 1 Ie-- OF 9 PAGE 8 - PLANNING COMMISSION MINUTES - AUGUST 03,2004 ~ INFORMATIONAL Director of {}}mmunity Development Brady informed Staff and the {}}mmission that the Mayor's State of the Gty Address would be held at the Diamond Stadium on Friday, August 6 at 5:00 PM STAFF COMMENTS Director of {}}mmunity Development Brady . None PLANNING COMMISSIONER'S COMMENTS d1airman LaPere commented on the following: . He asked the Director of {}}mmunity Development about the progress of having the Minor Design Review of Single Family Residences being handled administratively, rather than having them go through to the Planning {}}mmission. Director of {}}mmunity ......, Development Brady indicated that Staff is working on the {}}de Amendment and would have this come before the Planning {}}mmission shortly. . He thanked Staff for all of the hard work that went into the packets for tonight's meeting. Vice d1airman O'Neal commented on the following: . He requested that in the future the Zone {}}de be changed to have the minimum house size at 1,200 square feet rather than 1,000 as it stands now. Director of {}}mmunity Development Brady stated that it would require an amendment to the Zoning Code, which would be presented as a Public Hearing before the Planning Commission, and then proceed on to the Gty {}}uncil. . He advised the {}}mmission and Staff that he recently made a visit to see Commissioner Uhlry, who has been sick with pneumonia and stated that he is doing much better. . {}}mmissioner Larimer commented on the following: . She welcomed Fairfield Communities to the Gty. "'-" AGENDA ITEM NO. I '- PAGE 1 OF CI PAGE 9 - PLANNING CDMMISSION MINUTES - AUGUST 03,2004 "...... ADJOURNMENT THERE BEING NO FURTHER BUSINESS, GWRMAN LAPERE ADJOURNED THE MEETING AT 7:20 PM ON AUGUST 3, 2004. Ron LaPere, Chainnan Respectfully Submitted, ,......... Dana C Porche' Office Specialist III ATTEST: Robert A Brady, Secretary to the Planning Commission . ,......... A.GENDA ITEM NO. , C PAGE~OF \f AUGUST 16.2004 CITY OF LAKE ELSINORE WARRANT SUMMARY ~ FUND# FUND DESCRIPTION TOTAL 100 101 105 110 130 150 205 221 351 352 353 356 360 363 364 365 608 620 GENERAL FUND SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND MISCELLANEOUS GENERAL PROJECT FUND STATE GAS TAX FUND LIGHTING/LANDSCAPE MAINTENANCE FUND C.D.B.G. FUND TRAFFIC IMPACT FEE FUND PARK C.I.P. FUND AD. 87-2 DEBT SERVICE FUND AD. 86-1 DEBT SERVICE FUND AD. 89-1 DEBT SERVICE FUND AD. 90-1A DEBT SERVICE FUND AD. 93-1 DEBT SERVICE FUND C.F.D. 88-3 III(A)/97 SRS A C.F.D. 88-3 III(B)/97 SRS B C.F.D. 98-1 (SUMMERHILL IMPROVEMENTS) TRUST DEPOSITS & PRE-PAID EXP. COST RECOVERY SYSTEM 1,495,965.17 45,751.75 6,828.67 11,756.31 15,399.40 72.52 105.00 3,200.00 124,002.50 273,287.19 63,075.00 123,842.41 927,322.90 1,256,385.74 440,880.13 550,950.76 4,525.00 2,208.00 GRAND TOTAL --- ~ 5,345,558.45 . AQWlDA ITEM NO. d . 'AGE~OF c; 8/18/2004 P:\WARRANT LIST MASTER\WARRANT 081604 AUGUST 16. 2004 CHECK# 78580 78615 78695 78753 78754 78755 78756 78757 78758 78759 78760 78761 78762 78763 78764 78765 78766 78767 78769 78770-78771 78772 78773 78774 78775 78776 78777 78778 78779 78780 78781 78782 78783 78784 78785 78786 78787 78788 78789 78790 78791 78792 78793 78794 78795 78796 78797 78798 78799 --.. 78800 78801 CITY OF LAKE ELSINORE WARRANT liST VENDOR NAME AMOUNT 506.00 "'" (348.50) (313,871.59) 1,689.60 2,119.75 395.99 1,115.47 58,801.87 7,090.95 20,944.28 3,070.75 31,042.44 136.00 4,730.56 2,925.00 388.36 402.50 29,999.80 0.00 2,538.24 99.00 4,166.00 92.00 163.87 2,235.81 343.65 ~. 986.95 207.00 2,593.60 40.39 123.51 1,487.75 40.00 390.00 547.50 188.82 434.75 250.00 335.32 4,664.13 332.25 2,293.45 100.00 1,200.00 112.00 338.00 15,985.49 145.00 120.00 385.00 ........" L1UNA LOCAL 777 VOID-(MARK DENNIS) VOID-(RIVERSIDE COUNTY SHERIFF) THE L.I.U. OF NA STANDARD INSURANCE COMPANY STANDARD INSURANCE COMPANY VISION SERVICE PLAN CALIFORNIA P.E.R.S. FORTIS BENEFITS STATE COMPENSATION INSURANCE FUND CALIFORNIA P.E.R.S. CALIFORNIA P.E.R.S. LAKE ELSINORE VALLEY CHAMBER OF COMMERCE I.C.MA RETIREMENT TRUST RIVERSIDE COUNTY'S CREDIT UNION DIAMOND KINGS BASEBALL MARBELLA SERRATO CALIFORNIA P.E.R.S. VOID A & A JANITORIAL SERVICE A BETTER PARTY ACTION PARK ALLIANCE, INC. ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. ALL STAR GLASS ALLIED TRAFFIC EQUIPMENT ALPINE PREMIUM WATER-NATHAN GARNER AMERICAN FORENSIC NURSES ERICA ANDERSEN APPLE ONE EMPLOYMENT SERVICES ARTISAN GOLDSMITHS & AWARDS AW DIRECT, INC. BANK OF AMERICA (0601) (BEST) BANK OF AMERICA (0627) (BUCKLEY) BANK OF AMERICA (0650) (KASAD) BANK OF AMERICA (0676) (SAPP) BANK OF AMERICA (0692) (WATENPAUGH) BANK OF AMERICA (6673) (KILROY) BAY AREA CREDIT SERVICE, INC. (L & N UNIFORMS) BELLA CUSTOM FRAME BERRYMAN & HENIGAR, INC. CYNTHIA BLOOD-WILSON BOATS PLUS LAWRENCE BOBO .~ GEORGE E. BRIMHALL LICENSED LAND SURVEYOR c:".. BUNDY CANYON TURF SUPPLY BURTRONICS BUSINESS SYSTEMS, INC. C. R. & R. DISPOSAL, INC. CA PARK & RECREATION SOCIETY CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION" STATE OF CALIFORNIA DEPARTMENT OF JUSTICE n_. __.__ ',~ 1- :,,://{: 40F7 AGENDA rTEM NO. ~ PACE a OF 5 8/18/2004 P:\WARRANT LIST MASTER\WARRANT 081604 AUGUST 16, 2004 CITY OF LAKE ELSINORE WARRANT LIST ----HECK# VENDOR NAME 78802 CENTEX HOMES, SOUTHERN CALIFORNIA DIVISION 78803 ROBIN CHIPMAN 78804 COAST TO COAST WIRELESS, INC. 78805 CODED SYSTEMS, L.L.C. 78806 COMMERCIAL LANDSCAPE SUPPLY, INC. 78807 CONOCOPHILLlPS FLEET 78808 KIRT A. COURY 78809 COVINA PAINTS 78810 CUTTING EDGE STAFFING, INC. 78811 D & SELECTRIC 78812 D.M.V. 78813 D-N-A FLOORING 78814 DO IT CENTER 78815 CAROLE K. DONAHOE, AICP 78816 DOWNS COMMERCIAL FUELING, INC. 78817 DOWNS OIL CO., INC. 78818-78819 E. V. M. W. D. 78820 ELSINORE ELECTRICAL SUPPLY, INC. 78821-78822 ELSINORE PIONEER LUMBER CO. 78823 EMPLOYMENT SYSTEMS 78824 EXCEL LANDSCAPE, INC. 78825 EXECUTIVE EVENT SERVICES, L.L.C. 78826-78827 FEDERAL EXPRESS CORPORATION '-13828 NANCY FUKUT AKI 3829 GEARHART'S GARAGE, INC. 78830 GEO SEC, INC. 78831 GOVPLACE 78832 ARLINE GULBRANSEN 78833 LORENA HANCOCK 78834 HARDY & HARPER, INC. 78835 HARRIS & ASSOCIATES, INC. 78836 INDEPENDENT GRAPHICS & PRINT SOLUTIONS 78837 INLAND EMPIRE LOCK & KEY 78838 INLAND VALLEY BABE RUTH BASEBALL LEAGUE 78839 INTERSTATE SALES 78840 RICHARD OR SARAH JACKEN 78841 JOHN S. MEEK COMPANY, INC. 78842 VICKI KASAD 78843 KOBATA & ASSOC., INC. 78844 LAKE ELSINORE JR. STORM 78845 LAKELAND MARINE 78846 LE&SJW A 78847 LEAR AUTO BODY & TOWING -~-- 78848 CHARLES MACKEY JR. 78849 KIM MAGEE 78850 MAYHALL PRINT SHOP 78851 LINDA M. MILLER 78852 MOBILE SATELLITE VENTURES, L.P '-':1853 DUANE A. MORITA . d854 MORROW PLUMBING, INC. . AMOUNT 3,200.00 419.80 29.89 490.00 240.71 476.24 4,400.00 51.85 1,332.00 3,629.50 65.00 1,138.67 144.33 3,625.00 6,499.89 766.45 3,513.46 460.99 367.23 1,160.32 667.14 7,462.00 250.04 450.00 292.50 11,040.22 683.27 91.72 294.00 55,070.00 81.00 630.00 152.07 25.00 572.49 350.00 61,250.00 137.87 9,000.00 500.00 831.09 10,000.00 35.00 4,795.00 64.35 928.81 3,240.00 72.87 5,275.00 225.80 AGENDA ITEM NO. :J . DAr.J: .~ ~ 8/18/2004 P;\WARRANT LIST MASTER\WARRANT 081604 50F 7 AUGUST 16.2004 CITY OF LAKE ELSINORE CHECK# VENDOR NAME 78855 MYERS TIRE SUPPLY 78856 NEILL'S CONTRACTING 78857 NORTH AMERICAN LAKE MANAGEMENT SOCIETY 78858 P & R PRODUCTIONS 78859 PACIFIC POOLS & PATIOS 78860 PARDEE CONSTRUCTION 78861 PATTON'S OFFICE FURNITURE SOLUTIONS 78862 WILLIAM PAYNE 78863 KIMBERLY PRENTICE 78864-78865 THE PRESS ENTERPRISE 78866 PRODUCTION VIDEO 78867 QUILL CORPORATION 78868 QUINLAN PUBLISHING GROUP 78869 QWEST COMMUNICATIONS 78870 RANCHO REPROGRAPHICS, INC. 78871 RC MOTOR SPORTS 78872 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE 78873 RIGHTWAY 78874 RIVERSIDE COUNTY SHERIFF 78875 RIVERSIDE COUNTY SHERIFF 78876 COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT 78877 COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER 78878 COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH 78879 JESUS ROQUE 78880 SCOTT FAZEKAS & ASSOCIATES, INC. 78881 SERVICE ONE SERVICE, INC. 78882 SHARE CORP. 78883 SIGNS PLUS 78884 SMART & FINAL 78885 SMART STAMP 78886-78887 SOUTHERN CALIFORNIA EDISON CO. 78888 SOUTHERN CALIFORNIA GAS CO. 78889 JASON STANLEY 78890 STAPLES CREDIT PLAN 78891 STAUFFER'S LAWN EQUIPMENT 78892 MICHAEL STETHEN 78893 PEGGY J. STORAASLI 78894 BOB STOVER, INC. 78895 TRAFFIC CONTROL SUPERVISORS ASSOCIATION-SOUTH 78896 TEMECULA COPIERS 78897 TRAUMA INTERVENTION PROGRAM$, INC. 78898-78899 UNION BANK OF CALIFORNIA 78900 UNITED GREEN MARK, INC. 78901 UNITED PARCEL SERVICE 78902 UNITED TRAFFIC SERVICES & SUPPLY 78903 US BANK 78904 VALLEY CENTER AUTO PARTS NAPA 78905 VENUS PRINTING 78906 VERIZON 78907 VERIZON INTERNET SOLUTIONS 8/18/2004 P:\WARRANT LIST MASTER\WARRANT 081604 60F7 WARRANT UST AMOUNT 60.93 ......, 690.00 100.00 1,000.00 315.20 640.00 3,038.17 75.00 45.00 3,285.10 1,280.00 996.71 195.89 334.98 395.55 130.33 125,283.72 3,423.70 839,874.47 3,422.40 10,500.00 3,214.00 353.00 480.00 18,849.69 """-" 5,000.00 1 ,571.46 280.00 149.75 120.04 3,381.61 731.49 1,104.75 1 ,880.57 698.23 20.00 1,177.00 4,539.00 1 ,385.00 560.64 4,064.00 3,572,669.13 195.83 181.06 536.06 187,077 .50 64.42 1 03.06 4,288.94 164:~ ~ ACENDA ITEM NO. 'J.. PAGE 4 OF .r:; AUGUST 16. 2004 CITY OF LAKE ELSINORE WARRANT LIST '-"'~HECK# 18908 78909 78910 78911 78912 VENDOR NAME AMOUNT 75.00 150.00 146.54 26.08 139,600.00 ARMANDO VILLA RICHARD WATENPAUGH WEST GROUP WESTERN HIGHWAY PRODUCTS, INC. WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS TOTAL 5,050,482.68 PIE DATE: 07/23/04 07/23/04 08106/04 08/06/04 PAYROLL TAXES PAYROLL CASH PAYROLL TAXES PAYROLL CASH 48,114.50 104,979.74 43,488.05 98,493.48 GRAND TOTAL 5,345,558.45 ----. "........ ~ 70F7 AGEHDA nE~ r"iO, ;) PAGE S OF S' ~-4 8/18/2004 P:\WARRANT LIST MASTER\WARRANT 081604 ",........., CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Richard J. Watenpaugh, City Manager DATE: August 24, 2004 SUBJECT: NOTICE OF COMPLETION FOR MC VICKER CANYON PARK LANDSCAPE PROJECT BACKGROUND In March of 2002, the City of Lake Elsinore dedicated the second phase of the McVicker Canyon Park. The project included the construction of the skate park, perimeter security lighting, fencing and all hardscape including the pad for a picnic shelter. ~ The final and current phase of the project included rock and debris removal, irrigation installation, planting of all turf, shrubs and trees, and the construction of a picnic shelter. FINDINGS On November 24,2003, three (3) bids were received to perform landscape installation work in accordance with project plans and specifications. The low bidder withdrew its bid, citing clerical error. The contract was awarded to the next low bidder, M.R. Bracey, Inc., in the amount of $182,636.67. The contractor completed the work on August 16, 2004, and all work was completed in accordance with the approved plans and specifications. FISCAL IMPACT --- The fiscal year 2003/04 Capital Improvement Project budget included $161,000 from Parks C.I.P. Funds for McVicker Canyon Park Landscaping Project. Total project costs including design, construction contingency, inspection, soils testing and project administration totaled $208,436. An additional $47,436 was transferred from the Park Fee C.I.P. fund to cover the shortfall. One change order was approved for $598.22. The final construction contract totaled $183,234.89 and the project was completed within the budgeted costs. AGENDA ITEM NO. .3 PAoe-L-OF if v- City Council Report Page 2 of2 RECOMMENDATION Staff recommends that the City Council request the Mayor to sign the Notice of Completion and cause the City Clerk to file the Notice of Completion. PREPARED BY: David Solomon, Associate Civil Engineer REVIEWED BY: Ken Seumalo, Engineering Manager (<AS APPROVED BY: COMM " APPROVED FOR AGENDA LISTING: ~~ CITY MA 1\G 's OFF E . AGENDA ITEM NO. PAGE ::l ,....." ,....." "-" 3 OF .~ ".--. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARDJ. WATENPAUGH DATE: AUGUST 24, 2004 SUBJECT: CONTRACT FOR TRAFFIC STRIPING AND MARKINGS BACKGROUND Last month the City issued a notice inviting bids for maintenance services to be provided for the re-painting of traffic striping and markings. The bid opening was held at City Hall on Thursday August 5, 2004 at 2:00 p.m. ~ The scope of work consists of furnishing all materials, equipment, tools, and labor required, to provide re-painting of traffic striping and markings on the City's 137 miles of paved road surface. Work will be assigned by work order on an as needed basis. All work will be billed pursuant to the unit prices bid by the successful contractor. The term of the agreement will be for one year and may be renewable in one year increments up to three years by the City Manager. SUMMARY Three contractors submitted a bid for the work. The bids are as follows: Contractor Sudhakar Company PCI C-18 Location Rialto Long Beach Beaumont $ . $ . $ Bid Amount 68,161.53 96,028.77 97,835.49 ".--. AGENDA ITEM. NO. '-I PACE....L:OF ~ I FISCAL IMPACT ......, The 2004/2005 approved fiscal year budget authorizes an amount of $100,000 for re-painting of traffic striping and markings. The dollars are budgeted in the Street Maintenance and Operations Budget account number 100-4421-434-20-20. Staff will spend the entire $100,000 budgeted. Spending in detail will be as follows: the bid amount of$68,161.53 will paint all striping and markings one time. The one time painting will take place in November of this year. The remaining $31,838.47 of the $100,000 budgeted in the traffic striping and markings budget will be used for a second painting of our major arterial roadways. The second painting will take place in April 2005. RECOMMENDATION Staff recommends that the Mayor and City Council authorize the City Manager to execute a maintenance contract agreement with Sudhakar Company for the re- painting of traffic stripin d pavement markings consistent with the above referenced terms and approve by [the City tto ey. PREPARED BY: '-if' William L. P APPROVED BY: (...J'r- /Dave app, Community ces Director APPROVED FOR tfi~. - I AGENDA LISTING: . . . . Richard J _ atenpau~~anager ~ ......, AGENDA lTEM NO. nA,.r: Q . 01: "/ I '1 ,,-.,.. REFERENCE CHECKS FOR SUDAKER COMPANY ".-.... ".-... .. AGENDA ITEM NO.~ PACE... 3 .. OFTI' Here are a few jobs that we have completed recentJy. City of La Quinta 78-495 Calfe Tampico (760) 717-700 Contract amount: $107,963.00 Completed: 9120/2003 City of Big Bear Lake 39707 Big Bear Blva. (9oo) 866-5831 COntract amount: $ 20.729.00 Completed: 6/20/2004 08-10-04 09:02aa From-SUDHAKAR COMPANY ;;.~;sf~~;:~~!~t~~~, . ~~" "V~. '5' '~" :<1\ 1~"1t... Ii/l l;> . \ ...>;:J .l~;- ,'Z-. .(;- ~ '.;;'~W;:".::. -. ~\i_~~~;~-~ ;~~~~'( BENE HUMANE GENTI SERVJ~ (TO SMVI: 1l1E HIJM.4N RAce gLL) City of Orange 300 E. Chapman Ave. (714) 532-6426 Contract amount: $ 101,410.00 Completed: 6/24/2004 If you need anything else, please contact me. Respectfully Teresa Cormier + T-754 P.Ol/01 F-95G SUDHAKAR COMPANY INTeRNATIONAL R~ & Highways 1450 N. FilzgeraJO Ave Rlatto. Ca. 92376 TEL: (909) 879.2933 FAX: (0(9) 8]9..2939 e-mailterrisuc1@hotmail.com """" August 10. 2004 Fai. Fax. ....., ~~ CCIfJIQ~1Il 0fIk0: SlAhallifr Comp<lny. IOtemaloOl'llll. 145Q N FtJlgefillO A~.. RoaIlO. CA 92376 . Tet. (9OIlJ 819-2933; F"" (!lO9) 8794s39 ....., AGENDA ITEM NO. Lf ~...:::L-Of j-/ ",..-- , Contractors Reference Check Contractor Sudhaker Company Project Striping Bid Reference City of Orange Name of Reference Contact Interviewed Chris Lefeve Phone Number of Reference Interviewed 714-532-6426 Date of Interview August 10, 2004 - completed by Bill Payne Reference Interview Question and Answers: What was the scope of work performed by the contractor? Annual re-striping contract ",..-- What was the total project cost? $101,410 Was contractor able to perform the contracted services in a timely fashion? Yes Were there any change orders? Did you have any issues relating to these change orders? No change order How well did the contractor interface and communicate with your staff? Good .. On a scale of J to J 0 how would you rate the contactors overall performance with J 0 being excellent? 7-8 ",......., ACENDA ITEM NO. PACEQ 4 Of 71 Contractors Reference Check Contractor Sudhaker Company ~ Project Striping Bid Reference City of Big Bear Name of Reference Contact Interviewed Jerry Vantine Phone Number of Reference Interviewed 909-866-5831 Date of Interview August 10, 2004 - completed by Bill Payne Reference Interview Question and Answers: What was the scope of work performed by the contractor? Annual re-striping contract What was the total project cost? $20,729 ....." Was contractor able to perform the contracted services in a timely fashion? Yes Were there any change orders? Did you have any issues relating to these change orders? No How well did the contractor interface and communicate with your staff? Good - interacted well with the public ~ ~ On a scale of 1 to 10 how would you rate the contactors overall performance with 10 being excellent? 7-8 ....., AGENDA ITEM NO. '-I ~.... ~ '. OF 7/ ,....... Contractors Reference Check Contractor Sudhaker Company Project Striping Bid Reference City of La Quinta Name of Reference Contact Interviewed James Lindsey, Maintenance Manager Phone Number of Reference Interviewed 760-777-7000 Date of Interview August 10, 2004 - completed by Bill Payne Reference Interview Question and Answers: What was the scope of work performed by the contractor? Re-striping arterial streets, 15-30 day contract, evening work --. What was the total project cost? $107,963 Was contractor able to perform the contracted services in a timely fashion? Yes Were there any change orders? Did you have any issues relating to these change orders? One change order initiated by the City - no issues How well did the contractor interface and communicate with your staff? Well .. On a scale of 1 to 10 how would you rate the contactors overall performance with 10 being excellent? 8 ,....... AGENDA ITEM NO. PACE.. 7 if OF '"11 SPECIFICATIONS FOR TRAFFIC STRIPING AND PAVEMENT MARKING Lake Elsinore, California BID OPENING: 2PM - AUGUST 5, 2004 Prepared by: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 (909) 674-3124 . . AGENDA ITEM NO. . PACE.. ~ '-" ......, '-" L/ OF 7/ /""""', CITY OF LAKE ELSINORE TABLE OF CONTENTS NOTICE INVITING SEALED BIDS INSTRUCTIONS TO BIDDERS . .1 .3 PROPOSAL. . . . . BID SCHEDULE. BID BOND. . . NON-COLLUSION AFFIDAVIT DESIGNATION OF SUB-CONTRACTORS. DECLARATION REGARDING LICENSE STATUS . .8 .9 . 11 . .12 . .13 . .14 CONTRACT AGREEMENT FAITHFUL PERFORMANCE BOND MATERIAL AND LABOR BOND CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION INSURANCE . . . . . . . . . . . 15 17 18 19 ~ SPECIFICATIONS - Wage Rates and Labor Code Requirements 20 Standard Specifications .22 Performance Requirements . . . . . . . . . . 23 .. ,........ AGENDA ITEM NO. ~...q 4 OF 7/ NOTICE INVITING BIDS PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by ~ the City Council of the City of Lake Elsinore (City) for the following maintenance work: TRAFFIC STRIPING AND PAVEMENT MARKING The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the Specifications and Contract Documents for the above stated project. The general items of work to be done hereunder consist of the painting of all street traffic lanes, directional arrows, guidelines, parking lines, crosswalks, legends, and other designated traffic markings on City streets and City parking lots, located within the City limits. Bids will be publicly opened, examined and declared in the City Hall Conference Room, 130 South Main Street, Lake Elsinore, California at the hour of 2:00 p.m., August 5,2004. Each bid shall be made on the proposal form furnished in the specifications and enclosed in an envelope supplied by the bidder, bearing the title of the work and the name and address of the bidder. It is the sole responsibility of the bidde~ to see that his bid is received in proper time in the City Clerk's office at the address and time hereinabove set forth. Any bid received after the scheduled closing time for receipt of bids shall be returned to the bidder unopened. ~ The work is to be done in accordance with the plans and specifications on file in the office of the Clerk of.the City and said plans and specifications are by reference made part of this notice. A bid security not less than ten percent (10%) of the total bid amount will be required with each bid and no bid will be considered unless such bid security is enclosed therein. Said security may be in the form of a bid bond, cashier's check, or certified check, payable to the City of Lake Elsinore. Said securi ty shall be forfeited to said City in case the bidder depositing same does not sign the documents as specified within the ten (lO) calendar days after written notice of award. lr lr 1 ~ AGENDA ITEM NO. L{ PACE... 10. OF 7l ~, Each bidder must be licensed in the State qualified to perform the work described specifications, and contract documents. of California and in the plans, Bidders are hereby notified that, pursuant to the provisions of the California Labor Code, the City Council has d~termined the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which this work is to be performed for each craft, classification, or type of workman needed to execute the contract. Said determination is on file with the City Clerk, and is available to any interested party upon request, and by this reference is hereby made as part of this Notice Inviting Bids. Plans, specifications, and all contract documents may be obtained at the office of the City Casher for a non-refundable charge of $10.00 plus an additional fee of $5.00 for postage and handling if mailing is requested. The selected bidder will be required to furnish with the contract a Faithful Performance Bond and Labor and Materials Bond, each in the amount of one-hundred (100%) of the aggregate amount of the bid. The selected bidder will also furnish a certificate of insurance evidencing all insurance coverage as required by specifications. ~ PaYments to the contractor will be made in cash by said City in accordance with the provisions of the specifications, submitted in accordance therewith. All bids must be made in accordance, and all bidders must comply with State, Federal and local laws applicable thereto, and as directed in the specifications. The City Council reserves the right to reject any or all bids, to waive any irregularities in a bid and to award the contract as may best serve the interests of the City. All proposals are binding for a period of thirty (30) days after they are opened and may be retained by the City for examination and comparison. By order of the Ci ty California. counci:{ of the City of Lake 0:JLb ~1 Vicki Ly Kasad City Clerk of ~he City of Lake Elsinore Elsinore, Date: :J~\0 I, ).00"1 ~ 2 AOCHOA ITEM NO. PAOEII . Lf OF 7/ INSTRUCTIONS TO BIDDERS City of Lake Elsinore, California ......" BIDDERS KNOWLEDGE Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means, as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the Engineer and clarified prior to the submission of proposals. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, he may submit to the Engineer a written request for the interpretation thereof, and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of such documents. ......" BIDDERS QUALIFICATIONS Bidders must be capable of performing the work bid upon. They may be required to supply a detailed statement covering experience on similar work, list of machinery, plants and other equipment, which will be used on the proposed work, and such statements of their financial resources as may be deemed necessary. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the state Business and Professions Code. PROPOSAL FORMS Bids shall be submitted in writing on the proposal forms provided by the Agency. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The Agency will not consider any proposal not meeting these requirements. ... For all work let on a unit price basis, the Engineer's estimate of quantities shown on the proposal form are understood to be approximate only, and will be used only for the purpose of comparing bids. For work let on a lump sum price basis, any estimate of quantities provided is furnished for the convenience of bidders and is not guaranteed. ....., 3 AGENDA ITEM NO. 'I PACE .. ~ . OF 7/ ,-, When unit prices are indicated on the proposal form, the bidde~ shall specify the said unit price at which he proposes to do each item of work, written legibly to insure consideration. The price shall be stated in figures. In items where unit prices are required, the extended amount of each item shall be computed from the uni t price bid on the proposal and quanti ty given in the estimate. In case of errors in computing the extended amount, the unit price will be assumed to be correct. Failure by the bidder to list unit prices shall be justification for rejection of the bid. Where lump sum is indicated on the proposal, the bidder shall specify, under the column of extended amount, the said lump sum at which he proposes to do the work described for that item. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check, or bid bond, payable to the Agency in the amount not less than ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the Agency. The proposal guarantee of all bidders will be held until the successful bidder has properly executed all contract documents. SUBMISSION OF BIDS ~, The envelope enclosing the proposal shall be sealed and addressed to the City Clerk, City of Lake Elsinore, 130 South Main Street; Lake Elsinore, California 92530. The envelope shall be plainly marked in the upper left-hand corner with the name and address of the bidder and bear the words, II PROPOSAL FOR", followed by the name of the work and the date and hour of opening bids. The certified cashier's check or bidder's bond shall be enclosed in the same envelope with the proposal. Proposals may bemailedordeliveredbymessengerjhowever.iti$ the bidder's responsibility alone to ensure delivery of the proposal to the hands of the Agency's designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered. IRREGULAR PROPOSALS Unauthorized conditions, limitations or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal form shall be without interlineationsJ alterations, or erasures. Alternate proposals will not b~ considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modifications, or withdrawals will be considered. - 4 AGENDA ITEM NO. 'i PACE. / J OF ,.., / Proposals may be rejected by the Agency for the following reasons: (a) If the proposal form furnished is not used or is altered. ....." (b) If there are unauthorized additions, conditional or alternate bids or irregularities of any kind. (c) If the bidder adds any provisions reserving the right to accept or reject an award, or to enter a contract pursuant to an award. TAXES No mention shall be made in the proposal of sales tax~ use tax, or any other tax as all amounts bid will be deemed and held to include any such taxes which may be applicable. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms,' conditions; provisions and requirements set forth, contemplated, and referred to in the plans, specifications, and other contract documents, and to full compliance therewith. CITY BUSINESS LICENSE The successful bidder shall obtain Lake Elsinore business license contract. and maintain a current City of throughout the term of the ""-" WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the City's designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit ~ new proposal, providing there is time to do so. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder and, whi~ doing so, may also submit a formal proposal as a prime contractor. 5 ....." AGENDA ITEM NO. . PAOEIL( 4 OF 7/ ~ AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder as determined solely by the Agency. Additionally, the Agency reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 30 days, all as may be required to provide for the best interests of the Agency. In no event will an award be made until all necessary investigations are made as to the respo~sibility and qualifications of the bidder to whom the award is contemplated. The quantities shown in the Bid Schedule are approximate only and are presented for comparison of bids. The award of the contract will be based upon the unit prices and total available funds. The Ci ty reserves the right to increase the quanti ties shown on the Bid Schedule. No changes will be allowed to be made to the unit costs proposed by the contractor for any changes in quantities. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE The contractor shall furnish to the City and maintain during the life of the contract a public liability policy in which the City is named as an additional insured. The policy shall also hold harmless the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. The policy shall provide for not less than the following amounts: ",--.... Insurance Coverage Requirements Limit Requirements Comprehensive General Liability Comprehensive Automobile Liability Contractual Liability $ 1,000,000 $ 1,000,000 $ 1,000,000 Contractor shall not commence work under this contract until all required insurance has been approved by the City. Contractor shall not allow any subcontractor to commence work until all similar required insurance has been approved by the City. Insurance policies carried by the Contractor and Subcontractors shall bear an endorsement or shall have attached a rider providing that in the event of cancellation or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail. TERM OF CONTRACT .. The term of the agreement shall be for a period of one year from the date stated in the Notice to Proceed, but the City reserves the right to terminate the agreement or any portion thereof, ~ 6 AGENDA ITEM NO. PACE... '1:. Lf OF 7"1 unilaterally, at any time upon thirty the contractor. This contract can increments up to three years. (30 ) be days written notice to renewed for one year ....., If negotiations are still in progress at the end of anyone year term previously agreed upon, the City and the Contractor shall continue performance as required herein on a month-to-month basis until either a new agreement is entered into or the City terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month-to~ month operation while negotiations are in progress, the Contractor shall be obligated to continue performance for at least thirty (30) days after written notice to the City of its decision to terminate the relationship, and the City shall be obligated t9 give consideration to the Contractor for such additional performance at the usual rate of paYment as provided herein. EMERGENCY SERVICES The Contractor shall provide the City with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present. Such work will be performed for an additional consideration. The City shall call for such assistance only in the event of a genuine and substantial emergency. The Contractor shall provide a maximum of one-hour personnel response time upon notification. PERSONNEL ATTIRE AND EQUIPMENT The Contractor shall require each of his employees to adhere to basic Public Works standards of working attire. These are basically uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. ...., Contractor shall display the name of his firm on any vehicles used by the Contractor I s employees to carry supplies and . equipment. The firm name shall be in letters large enough to be easily legible from a distance to one-hundred (100) feet. - 7 ......, AGENDA ITEM NO.. Lf PP4L~ OF 7/ . TRAFFIC STRIPING AND PAVEMENT MARKING ~, PROPOSAL Name of Bidder Address of Bidder TO: City of Lake Elsinore, California The undersigned bidder, in accordance with the City's Notice Inviting Bids, hereby proposes to furnish all materials equipment, tools, labor, and incidentals required for the above-stated project as set forth in the plan, specifications, and contract documents therefore to perform all work in the manner and time prescribed therein. The attached Bid Schedule is hereby made a part of this proposal. The undersigned bidder declares that this proposal is based upon careful examination of the work site, plans, specifications; instructions to bidders, and all other contract documents. If this proposal is accepted for award, bidder agrees to enter into a contract with the City at the unit and/or lump sum prices set forth in the following bid schedule. Bidder understands that failure to enter into a contract and furnish bonds in the manner '-', and time prescribed will result in forfeiture to the City of the guarantee accompanying this proposal. The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other persons or persons bidding on the work. . The undersigned bidder understands that the City Council reserves the right to accept or reject any or all proposals or to waive formality or technicality in any proposal in the in~erest of the Agency. .. ~ 8 AGENDA ITEM NO. PACE...' ~ if OF 71 NAME OF BIDDER ....., CITY OF LAKE ELSINORE TRAFFIC STRIPING AND PAVEMENT MARKING BID SCHEDULE Note: All street striping and markings are to be applied to a thickness of .15 mil. ITEM DESCRIPTION BID UNIT/ APPROX. QTY UNIT PRICE TOTAL COST 1. 4" Skip line, white or yellow 97,000 LF 2. 4" Solid line, white or yellow 103,000 LF 3. 4" Double solid line, yellow 138,000 LF with 3" wide black line between yellow lines 4. 6" Solid line 28,000 LF 5 . 8" Solid line 24,000 LF 6 . 12" Solid line, white or 31,431 LF yellow wide solid and ......, 7. Double 4" 19,000 LF broken line, yellow with 3" wide black line between yellow lines 8. 4' Letter legends 400 EA 9. 8' Letter legends, white or yellow 4,200 EA 10. 8' Arrow legends 700 EA Total amount of bid in words: Total amount of bid in numbers: $ ,. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omissions of the part of the Undersigned in making up this bid. 9 '-' . AGENDA ITEM NO. PACE... I 'f( 4 OF 7/ .,,-.. The Undersigned agrees that in case of default in executing th~ required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Lake Elsinorel the proceeds of the check or bond accompanying this bid shall become the property of the City of Lake Elsinore. The Undersigned bidder declares I under penalty of they are licensed to do business or act in the contractor within the State of California and validly licensed under license number classification which expires on This statement is true and correct and has the legal affidavit. perj ury I that capaci ty of a tha t they are effect of an Respectfully submittedl Contractor's License No. Legal Name of Firm Telephone Number Signature of Representative _. .. ,........ 10 AGENDA ITEM NO. PACE{C( if OF 7/ TO ACCOMPANY BID SUBMITTAL BIDDER'S BOND City of Lake Elsinore, California ....., KNOW ALL MEN BY THESE PRESENTS That we, as PRINCIPAL, and as SURETY, are held and firmly bound unto the City of Lake Elsinore, Lake Elsinore, California in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to said Agency or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly severally, firmly by these presents. In no case exceed the sum of shall $ the liability of said SURETY hereunder THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, said PRINCIPAL has submitted the above mentioned bid to the City of Lake Elsinore, California for certain construction referred to as: TRAFFIC STRIPING AND PAVEMENT MARKING NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the ......" contract and within the time and manner required under the specifications shall duly enter into and execute a contract for such construction and shall execute and deliver the Labor and Material, and the Faithful Performance Bonds and other contract documents described, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the even t and judgment is incurred by the attorney's fee to suit is brought upon this bond by the Obligee recovered, said SURETY shall pay all costs Obligee in such suit, including a reasonable be fixed by the Court. IN WITNESS WHEREOF, we here hereunto set our hands and seals on this day of , 20____ PRINCIPAL SURETY BY: BY: .. Signature Signature Name Name Title Title Address Address '--' 11 AGENDA ITEM NO.. 'f ~...~O . OF "7/ ,,-.. TO ACCOMPANY BID SUBMITTAL NON-COLLUSION DECLARATION (Public Contract Code Section 7106) I, do hereby declare that I am of the -, (Title) (Contractor) The party making the foregoing bid and that the bid is not made in the interest of, or on behalf of, any undisclosed person~ partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner I directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are indirectly, submitt~d his or her bid price or any breakdown thereof, or the contents thereof, or di vulged information or data relative thereto, or paid, and will not payj any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. DATE PLACE SIGNATURE >if NAME ".-.,.. 12 AGENDA ITEM NO. If PIa.2.LOF / I TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER ....." DESIGNATION OF SUBCONTRACTORS City of Lake Elsinore, California In compliance with the provision of Section 4100-4113 of the Code of the State of California and any amendments thereto, the undersigned certifies that he has used the sub-bids of the following listed subcontractors in making up his bid, and that the subcontractors listed will be used for work for which they bid; subject to the approval of the Engineer, and in accordance with the applicable provision of the specifications. Bid Item Number Subcontractor Address/Telephone ....." Name of Firm Signature of Bidder ~ Ti tIe 13 '---' AGENDA ITEM NO. '-I PACE... f~ OF "7 / ~...., ~ - To Accompany Bid Submittal NAME OF BIDDER DECLARATION REGARDING LICENSE STATUS I do hereby declare that our/my contractor's license is and expires on I declare under penalty of perjury that the foregoing is true and correct. Executed this at day of ,20_, 1 California. Signature Printed Name Title Signing on behalf of (if applicable) ~ 14 AGENDA ITEM NO. PNCJ3 Lf OF 7~1 CONTRACT AGREEMENT City of Lake Elsinore, California ......" This of Lake Elsinore and for the construction of: Contract Agreement is made and entered into this day 20_ by and between the City of as Contractor TRAFFIC STRIPING AND PAVEMENT MARKING WITNESSETH that the City of Lake Elsinore and the Contractor have mutually agreed as follows: ARTICLE I The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal; General Specifications, Plans, and all referenced specifications, details, standard drawings, and appendices, together with this contract agreement and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. ~ ARTICLE II For and in consideration of the payments and agreements to be made and performed by the City of Lake Elsinore, Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder; Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manne~ and time specified in the foresaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 15 ......" AGENDA ITEM NO. '-I PAOE.~i Lt. OF 71 ARTICLE IV ,-., The City of Lake Elsinore hereby promises and agrees to employ j and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the condi tions set forth in the contract documents. ARTICLE V Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions. ARTICLE VI Contractor agrees to indemnify and hold harmless the City of Lake Elsinore or its officers and agents from any claims, demands, or causes of action including related expenses attorney's fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder. ARTICLE VIII ,-.., Contractor affirms that the signatures, titles, and seals set forth herein after the execution of this contract agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein. IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20 Contractor: By: Title CA Lic.# Subscribed and sworn to this day of ,20_, NOTARY PUBLIC ... City of Lake Elsinore, By: Attested City Clerk of the City of Lake Elsinore, Date , Mayor ,--,. 16 ACEND. >Po ITEM. NO. if .... . s.~ PAOEJ ,OF.. . FAITHFUL PERFORMANCE BOND City of Lake Elsinore, California ......., KNOW ALL MEN BY THESE PRESENTS that Contractor and ' are bound unto the City of in the penal sum of Lake Elsinore, As , as as Surety, Agency, Dollars ($ ), which is one hundred percent (100%) of the total contract amount for: TRAFFIC STRIPING AND PAVEMENT MARKING for the payment of which sum the Contractor and Surety agree to be bound, jointly and severely, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed contract agreement with the Agency for the above stated project, if Contractor faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of, the Agency; provided that any alterations in the obligations or time ,for completion made pursuant to the terms of the contract documents shall not in any way release either Contractor or Surety, and notice of such alterations is hereby waived by Surety. ~ IN WITNESS WHEREOF titles, hands, and 20 the parties seals this hereto have set day of their names I *Contractor *Surety *Provide Contractor/Surety name, address, and telephone number and the name, title, address, and telephone nUJIlber for authorized representative. ~ Subscribed and sworn to this 20_ day of NOTARY PUBLIC 17 ~ AOENDA ITEM NO. Lf PACE,,;}.k OF'" I ,........., MATERIAL AND LABOR BOND City of Lake Elsinore, California KNOW ALL MEN BY THESE PRESENTS that , as Contractor, and , as Surety, are held and firmly bound unto the City of Lake Elsinore, as Agency, in the penal sum of Dollars ($ ), which is one hundred percent (100%) of the total contract amount for TRAFFIC STRIPING AND PAVEMENT MARKING for paYment of which sum, Contractor and Surety agree to be bound jointly and severally, firmly by these presents. ~I THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed contract agreement with the Agency for the above-stated project, if Contractor or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract or fails to submit amounts due under the State UnemploYment Insurance Act with respect to. said labor; Surety will pay for the same in an amount now exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civii Procedures provided that any alterations in the work to be donej materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release ei ther Contractor or Surety, and notice of said alterations is hereby waived by Surety. IN WITNESS WHEREOF the parties titles, hands and seals this 20_ hereto have set day of their names; *Contractor *Surety ." *provide Contractor/Surety name, address, and telephone the name, title, address, and telephone number for representative. number and authorized Subscribed and sworn to this ____day of NOTARY PUBLIC , 20_ "..., 18 AGENDA ITEM NO. PAOE.I::J ] '-/ OF '7 I TRAFFIC STRIPING AND PAVEMENT MARKING CITY OF LAKE ELSINORE, CA ......" CON~RACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION INSURANCE Section 3700 of the Labor Code provides in part as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: A) By being insured against liability to pay compensation with one or more insurers duly authorized to write compensation insurance in this state. B) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees...n The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work ......" of this Contract. SIGNATURE DATE PRINTED NAME TITLE COMPANY ADDRESS (In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2 of the Labor Code, the above Certificate must be signed by the Contractor and filed with the awarding body prior to the Contractor performing any work u~der this contract.). 19 ."..." AGENDA ITEM NO. L/ PN2~~ OF 7/ /"'" . SPECIFICATIONS Wage Rates and Labor Code Requirements WAGE RATES By Resolution No. 82-194 the City Council adopted the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk and are available for review upon request. . Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code, except copies of which are appended to the specifications. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in th~ execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and ali Subcontractors to keep accurate payroll records, specifying the contents thereof, their inspection and duplication procedures, and certain notices required of the Contractor pertaining to their -, location. APPRENTICES Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. ~ COMPLIANCE - The above Labor Code Sections will be a part of the contract documents. It shall be the responsibility of the prime contractor to comply with all such sections. ",......,.. 20 AGENDA ITEM NO.. q PA(E./l-.c[ OF 7/ CLAYTON ACT AND CARTWRIGHT ACT - Section 4551 of the State Government Code specified that in executing a public works contract with the City to supply goods, services or materials, the ~ Contractor or Subcontractor offers and agrees to assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.; Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the Agency tenders final payment to the Contractor without further acknowledgment by the parties. COPELAND "ANTI-KICK BACK" ACT All contracts fo:r construction or repair shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The participant shall report all suspected or reported violations to the state. CLEAN AIR ACT OF 1970 & FEDERAL WATER POLLUTION - Control Act Contracts of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 and the Federal Water Pollution Contro+ Act as amended. Violations shall be reported to the Service and Regional Office of the Environmental Protection Agency. ~ .. 21 ......, AGENDA ITEM NO. . Lf PACE 60 ... OF ry I SPECIFICATIONS ,....., Standard Specifications The Standard Specifications of the City of Lake Elsinore are contained in the 1991 Edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the joint Cooperative Committee of the Southern California Chapter of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher at the following address: BUILDING NEWS, INCORPORATED, 3055 3055 Overland Avenue Los Angeles, California 90034 Phone: (213) 202-7775 Other technical documents included by reference herein include the Riverside County Road Improvement Standards and Specifications, latest edition and the State of California Department of Transportation Traffic Manual and Manual of Traffic Controls for Construction and Maintenance Work Zones. -, The Standard Specifications set forth above will control the General Provisions, Construction Materials and Construction Methods for this contract except as amended by the plans, special provisions, technical specifications or other contract documents. >> >> ,.., 22 AGENDA ITEM NO. L/ PACE.. .~t OF 71 SPECIFICATIONS Performance Requirements ....." CONTRACT LIMIT$ - City-wide various locations as ordered by the Public Works Manager. WORK TO BE PERFORMED BY CONTRACTOR - The work to be performed under this contract shall consist of painting traffic lanes, directional arrows, guidelines, parking lines, crosswalks, legends and other designated traffic markings on streets and parking lots. TIME LIMIT - The CONTRACTOR undertaking the work hereinafter specified will be required to commence work ordered within five (5) calendar days following the date upon which the work order irt connection therewith is signed by the Director or .designee and completed within two (7) working days unless otherwise specified in the work order. Time being of the essence to protect public life and property if the CONTRACTOR should fail to undertake the designated work within five (5) days, the City may enter into a separate contract to perform said work. DEFINITION OF PROPOSAL TIME - The unit price to be paid for the items listed in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, and traffic control, and doing all work involved in furnishing, and installing ....." the material complete and in place, in accordance with the work orders and as specified herein. Striping - A standard skip-line pattern is normally a 24-foot (7.27m) cycle of which seven (7) feet (2.12m) are painted, and seventeen (17) feet (5.15m) are unpainted. Continuqus left turn pockets are solid yellow outside stripe, a solid black middle stripe, and a twelve (12) foot (3.64m) painted yellow skip stripe with thirty-six (36) foot (10.9m) unpainted gap on the inside; However, the machine shall be equipped to produce a variable skip pattern, including simultaneous painting of a broken line on one side and a solid line on the other side of a multiple stripe. An acceptable tolerance in the skip pattern is plus or minus four (4 inches (100mm). The striping machine shall be capable of three-gun application consisting of one black and tV\o yellow spray guns operating simultaneously or individually. -The equipment shall also be capable of operating two whi te guns simultaneously or individually. The striping machine shall have a wheel base sufficient length to produce a straight line to meet the straightness tolerance specified in Subsection 310-5.6.7 of the 1991 Edition of 23 ....." AGENDA ITEM No.4 PACE. '. 3::J OF 7 / the Standard Specifications for Public Works Construction. The "..., machine must also be capable of producing curved lines without abrupt breaks, in accordance with approved layouts. The rate of application of paint and beads: (1) broken 4" single stripes - 6 to 6.5 gallons per mile; (2) solid 4" single stripes - 17 to 18 gallons per mile; (3) six (6) pounds of beads per gallon of paint. All lines shall be clean and sharp with regard to dimensions. Ragged ends of segments, fogginess along the sides or objectionable dribbling along the unpainted portions of the stripe shall be removed to the satisfaction of the City's agent. EQUIPMENT - All equipment required to perform the work shall be approved in advance by the City's agent, and shall include such apparatus as brushes, brooms, compressors, air blowers to properly clean the pavement surface, a mechanical marking machine, or hydraulic paint pumps, a bead dispensing device, auxiliary han<;l spray paint equipment, paint rollers, or other equipment as maybe necessary to satisfactorily complete the work requested. ~. The striping machine shall be an approved spray-type marking machine suitable for applying traffic paint. It shall have sufficient paint capacity for each color with adequate air or hydraulic pressure to perform the work satisfactorily without stopping. The machine shall produce a uniform film thickness and cross-section at the required coverage and shall produce markings with clean-cut edges without running or spattering. It must be capable of being guided wi thin the straightness tolerances set forth in these specifications. The machine shall have suitable adjustments for painting the line width specified and when required shall be equipped with an automatic cycling device to produce intermittent (skip) lines. The striping machine and stencil truck shall have sufficient warning lights, including arrowboard warning in advance of lane closures or work to be done in the roadway. Arrowboard shall be a minimum size of 48" x 96" and capable of flashing between 30 and 45 cycles per minute in each of the modes. The modes shall include left arrow, right arrow, left and right arrow together and caution. The arrowboard must also be equipped with both an automatic and manual dimming device. The arrowboard shall be used at all times when striping or closing lanes on an arterial street. It MATERIALS - All materials used shall be ~ormulated for street striping and traffic purposes and approved by the City of Lake Elsinore. A complete list of specifications shall be attached to the proposal and become a part of the specification. Failure to comply with this section is cause for rejection of any proposal or cancellation of any contract. ~ 24 AGENDA ITEM NO. PACE3J 4 OF 71 Paint: The paint to be used on all work shall be pre.:.. approved by the City and shall meet all requirements set forth by the South Coast Air Quality Management District. Thinner shall not be mixed with paint. Paint shall dry "track free" within thirty (30) minutes. Paint used for pavement legends shall be a compound of paint and beads. Beads used for reflectorized lines shall conform to the following: ...." 1. Beads shall be colorless and be free from milkiness. 2. 85 Percent of the beads shall be .015 and .037 inches in diameter. 3. Beads shall be kept dry and free from moisture. 4. Beads shall be uniformly heated to a temperature not less than eighty (80) degrees Fahrenheit when applied. Application: Paint shall be mixed in accordance with the manufacturer' s instructions. It shall be mixed thoroughly and applied to the road surface at the proper temperature and at its original consistency without the addition of any paint additives; If the paint is applied in two (2) coats, the first coat shall be thoroughly dry before the second coat is applied. Pavement Marking: Word markings, letters, numerals, and sYmbols shall be applied using suitable spray equipment together with stencils and templates. All letters, numerals, and sYmbols shall be of standard size as indicated in the State of California ~ Traffic Manual, and shall match existing City of Lake Elsinore stencils. Layout, Alignment, and Spotting: When necessary the City of Lake Elsinore will furnish the necessary control points for all required pavement striping and markings. The CONTRACTOR shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 1/2 inch (13rnrn) in fifty (50) feet (l5.24m) from specified alignment. When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be spotted by using a rope as a guide for marking spots every five (5) feet (l.52rnrn) by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the City of Lake Elsinore. n Repainting: When existing striping and markings are to be repainted they shall be repainted so as to completely cover any old markings within 1/4 inch (6.4rnrn) of the parallel limits of the line. Stripe repainting shall be retraced within a longitudinal tolerance of three (3) inches (75rnrn) plus or minus at the end of the stripe. 25 ~ 'AGENDA ITEM NO. Lf PPa.3<f . OF 71 ~, Paint Removal: The CONTRACTOR shall remove by wet sandi. blasting, or other City approved method, existing lines and pavement markings as directed. Removal shall be complete and all residue from the operation shall be removed from the pavement without delay as work progresses. Reflectorizing: All traffic stripes and street marking, except black lines, shall be beaded on the final finish coat with reflective material consisting of glass beads prior to setting. WEATHER CONDITIONS - The paint shall be applied only when the pavement is dry, the atmospheric temperature is abov~ 500 F., and the relative humidity is below 85%. Painting shall not be attempted when there is fog, a forecast of rain, dust that might settle onto the paint, wind of sufficient strength to blow paint spray onto adjacent areas, or while heavy traffic is present. QUANTITIES - The quantity of traffic striping and markings shall be determined by one or more of the following methods: lineal footage or number of figures or symbols applied in accordance with a City work order. MEASUREMENT - Lineal feet of painted for payment by standardized odometer. payment is to be made shall be measured units designated in the request for bids. lines shall be measured Other units for which in accordance wi th the "........, THICKNESS All painted markings shall be applied at a thickness of fifteen (15) mils (.38mm) wet film thickness. This will be field tested periodically by a representative of the City; WORK AREA TRAFFIC CONTROL Work areas requiring traffic control shall be property protected pursuant to the information and guidelines set forth in the most current "Work Area Traffic Control Handbook" published by BNI Books, 3055 Overland Avenue, Los Angeles, California 90034, Phone (213) 202-7775. Contractor shall provide all labor, materials and equipment to install barriers, guards, lights, signs, temporary bridges; flag persons advising the public of detours and construction hazards, and on completion of the work promptly remove all signs and warning devices. Contractor shall be responsible for compliance with additional public safety requirements which may arise during landscape installations at the site. "" .-.., 26 AGENDA ITEM NO.. PAGE 3 <i il Of 7/ PROPOSAL FROM SUDHAKAR COMPANY ......, 'wf/I . . ......, AGENDA ITEM NO.. 4 ~...3~ OF --?/ TRAFFIC STRIPING AND PAVEMENT MARKING /""'" I PROPOSAL Name of Bidder <;O"Dl-\A.\(A.~ ~~A^,'( -r..JJ'"\ Address of BidderJ~l50 r"l.~":'ElZA1 ~ AlJ€. R"l.AL"'t"~ I CA 9Z3?b TO: City of Lake Elsinore, California The undersigned bidder, in accordance wi th the Ci ty' s Notice Inviting Bids, hereby proposes to furnish all materials equipment) tools, labor, and incidentals required for the above-stateq project as set forth in the plan, specifications, and contract documents therefore to perform all work in the manner and time prescribed therein. The attached Bid Schedule is hereby made a part of this proposal. The undersigned bidder declares that this proposal is based upon careful examination of the work site, plans, specificationsj instructions to bidders, and all other contract documents. If this proposal is accepted for award, bidder agrees to enter into a contract with the City at the unit and/or lump sum prices set forth in the following bid schedule. Bidder understands that failure to enter into a contract and furnish bonds in the manner and time prescribed will result in forfeiture to the City of th~ guarantee accompanying this proposal. . _. I The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other persons or persons bidding on the work. . The undersigned bidder understands that the City Council reserves the right to accept or reject any or all proposals or to waive formality or technicality in any proposal in the in~erest of the Agency. . . ".....~, 8 ACiENDA ITEM NO. PAtE 3 ,] '-I OF 71 NAME OF BIDDER ~t)1)HA KA.~ LC)fo'\ pA/fJ 1(. TAM. . 8ITY OF LAKE ELSINORE TRAFFIC STRIPING AND PAVEMENT MARKING BID SCHEDULE ~ Note: All street striping and markings are to be applied to a thickness of .15 mil. ITEM BID UNIT/ APPROX. QTY UNIT PRICE DESCRIPTION 1. 4" Skip line, white or yellow 97,000 LF j 0,. O~ 4" Solid line, white or yellow 103,000 LF .t\ O.ot-L 4" Double solid line, yellow 138,000 LF -1l D./O with 3" wide black line between yellow lines 2. 3. 4 . 6" Solid line 28,000 LF 5. 8" Solid line 24,000 LF 6. 12" Solid line, white or 31,431 LF yellow 7. Double 4" wide solid and 19,000 LF broken line, yellow with 3" wide black line between yellow lines ! O.()~ di O.oB .:ti. O. l~:; ~O.09 TOTAL COST ~O l1, ILO~OQ .lll~, Boh.oo ~.oo 4i \,920.00 ! \<=t r Be\. 53 U-wi.OO ~ Total amount of bid in words: S'l.~r g'1~"\ TH~D OtJF-. HUN1:>rz.~TI S~){\"'( ONE. l)ou AQ.~ AtJr-> F:t~ r THrzEE ~ATTSi Total amount of bid in numbers: $ loB 1<0\ .~3 I . . The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for, any error or omissions of the part of the Undersigned in making up this bid. 9 ~ . AGENDA ITEM NO. if PAGE 3 "K OF 7 I ",.-- I The Undersigned agrees that in case of default in executing th~ required Contract with necessary bonds and insurance policie$ within twenty (20) days from the date of award of Contract by the City Council of the City of Lake Elsinore, the proceeds of th~ check or bond accompanying this bid shall become the property ot the City of Lake Elsinore. . The Undersigned bidder declares, under penalty of perjury , that. they are licensed to do business or act in the capaci ty of a contractor wi thin the State of Calif~rpw and that they ar~ validly licensed under license number Z7V<3~? classification IJ- P:> 1-1 It" z- which expires on 7. "3/. 2.~tJ?:- This statement iJ true and correct and has the legal effect of an affidavit. Respectfully submitted, 5tdkzRa, tp ,k fl Legal Name of Flrm . 3..~. Signature of Representative 15~3h 7 Contractor's License No. 9a~ &'19-'/-93"5 Tele one Number _c '. ,,--.. 10 AGENDA ITEM NO. 4 PACE :31, OF 7/ TO ACCOMPANY BIb SUBMITTAL KNOW ALL MEN BY That we, as PRINCIPAL, and as SURETY, are held and firmly bound unto the Ci ty of Lak~ Elsinore, Lake Elsinore, California in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to said Agency or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly severally, firmly by these presents. BIDDER I S BOND ....., ~~: :~::sEl:;;n;;;;~o;;cI ~(d B~~ccl In no case shall the liability of said SURETY hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, said PRINCIPAL has submitted the above mentioned bid to the City of Lake Elsinore, California for certainconstructioti referred to as: TRAFFIC STRIPING AND PAVEMENT MARKING NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the ..., contract and within the time and manner required under the specifications shall duly enter into and execute a contract for such construction and shall execute and deli ver the Labor and Material, and the Faithful Performance Bonds and other contract documents described, then this obligation shall become null ane;} void; otherwise it shall be and remain in full force and effect. . In the even t and judgment is incurred by the attorney's fee to suit is brought upon this bond by the Obligee recovered, said SURETY shall pay all costs Obligee in such suit, including a reasonable be fixed by the Court. IN WITNESS WHEREOF, we here hereunto set our hands and seals: on this day of , 20_ PRINCIPAL SURETY BY: BY: .. Signature Signature Name Name Title Title Address Address ....., 11 AGENDA ITEM NO; 'I ~4Q. OF 7~/ ~! Document A31 0 Bid Bond KNOW All MEN BY THESE PRESENTS, that we Sudhakar Company International 1450 R. Fitzgerald Avenue, Rialto, CA 92375 as Principal, hereinafter called the Principal, and Arch Insurance Company 135 R. Los Robles Avenue, Pasadena, CA 91101 a corporation duly organized under the laws of the State of Missouri as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lake Elsinore (Here insert lull name and address or legal liIIe of Owner) 1305 Main Street, Lake Elsinore, CA 92530 as Obligee, hereinafter called the Obligee, in the sum of (Here insert full name and address or legallille of Contractor) (Here insert lull name and address or legallille of Surety) Ten Percent of the Amount Bid - - - - - - - Dollars ($ 10% - - - ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ~ ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Traffic Striping/Pavement Markings (B) (Here insert lull name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect day of August .3004 Sudhakar Company International (Principal) (Seal) Arch Insurance Company (Surety) ,,-.,. ess) (Title) Attorney-in-Fact (Seal) Prinkd in cooperation with The American Institue of Architects (AlA) by Willis. Willis vouches that the language in the document conforms exactly to the language used in AlA Document A310, February 1970 Edition. WC0054 ACfNf)A fJ1=,.. "40 PAOf. Lj I 1 OF 4 71 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los AnQeles On July 30. 2004 before me, Noemi Quiroz. Notary Public , DATE NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Scott Salandi NAME(S) OF SIGNER(S) [gj personally known to me - OR - o proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislhor/their authorized capacity(ies), and that by hisfJ:leF/tAeif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. '-"'. ~..& .... ...... ~ .... ..." '... .... .... .... ..... ~ NOEMI QUIROZ ~~ Commission # 1420878 . .~ -e.' Notary Public - Callfomla ~ t . Orange County My Comm. ExplresJun 26. 2007 W../TNESS 'r. y Jrr.. d and official seal. ~ ~~(JJ~ v SIGNATURE 0, NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DINDIVIDUAl DCORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT TITlE(S) o PARTNER(S) o LIMITED D GENERAL 1 NUMBER OF PAGES [gj ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIANVCONSERVATOR o OTHER: .. July 30. 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(lES) Arch Insurance Company Sudhakar Company International SIGNER(S) OTHER THAN NAMED ABOVE AGENDA ITEM NO. PACE..Lf:2 Lf OF 7/ . . ,-.., I POWER OF ATTORNEY its true and lawful Attomey(s)-iJi.Fact.to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as sUrety, M'dasits 8cland deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guaranWe the payment or collection of any promissory note, check, draft or Jetter of credit This authority doeS not Permit the same obligation to be split into tWo or more bonds In Ofder "to tiritlg each such borId ~in the dollar limit of authority as set forth herein.' The Company may reVOke thiS~pp6iOtmenfat anytirrie. The execution of such bonds and undertakings in pursuanc'e 'of these: p~esents shaD be as: binding upon the said . Company. a,s fully and amply to aU intents and purposes. as if tJ1e ~e ~'R~' duiy. ~~e(;oted aJld acknowledged by its regularly elected offij:f)rsat'itsp!ii1c1paJoffice in Kansas City, M~ri. ' " ':. . :--':-. -:-.- - - -,. "--, . . This Power of Attorney is execUted by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby~ to by the undersigned Secretary as being In full force and effect . . "VOTED, That the Chairmanof~eBoard,the President. or any VlCG President. or their appoiflt~~ted In.writing and filed With the~tary, ()f'.the Secretaiy shaD ha~e the pOwer and autl:l<>rity to appoint~~tS.anct:llttorneyS-irHact., and to autlJorizethem to execl4e c>ol?ehalfof the Company, and attachthesea,lof theComPanY,:~. bOnds 8I'Kf. undertakings. recognizances, CQJltrcicts:;of.~emnity aOd . other wlitings,obligalory in thG~tu1'8 th~,and any such officers of the Company may appoint agents for acceptance of process." . This pOwer of Attorney Is signed. sealed and certified by ~lmile under and by authority of the following resolution . adopted by the Unanimous, consent of the Boar~ of Directors of the Company. on March 3, 2003: VOTED, That the. signature of the. Ch",lnnan of the Board, the President. or any VICe President, or their appointees designated in writing and filed with the Secretary, and the signature of the Seaetary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to Uie resolution' adopted by the Board ofDireCtots on Marth 3, 2003. and any sUCh power so executed, sealed and - (:&I'tified with respect to any bc:ind Or underlakingto Which It Is attached. shall cOntinue to be valid and binding-Upon the COmpany. // n. ,-.., OOMlOO13 00 03 03 Page 1 of 2 Printed in U.S.A. ACENOA ITEM NO. 4 PACE .. 'J J OF 7"1 TO ACCOMPANY BID SUBMITTAL NON-COLLUSION DECLARATION """" (Public Contract Code Section 7106) the ~Vr~ftlr~[!IJ;:;l r , 0:0 ,~;:JJ:JI:e:li'o~ i:::ai-! am (Title) (Contractor) The party making the foregoing bid and that the bid is not made iri the interest of, or on behalf of, any undisclosed person~ partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in. any manner; directly or indirectly, sought by agreement, corranunication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are indirectly, submitted his or her bid price or any breakdown. thereof, or the contents thereof, or di vulged information or data relative thereto, or paid, and will not payj any fee to any corporation, partnership, company association; organization, bid depository, or to any member or agent thereof tQ effectuate a collusive or sham bid. ....,; I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. i . 5.tJr DATE 10 ~ (Ie. (}a . / PLl\CE S 1tu~ SIGNATURE Sf-eve F!i'e/}er:~ NAME 12 """" AGENDA ITEM NO. if PAOE.'-j't . OF 7 I ,....., I n (' To Accompany Bid Submittal NAME OF BIDDERSudbafarf!o'J.r;,FJ DECLARATION REGARDING LICENSE STATUS I do h~reb~ declare that our/my contractor's license is 'L5~3V1 and expires on 1,3!..;LPtJ t:>. I declare under penalty of perjury that the foregoing is true and correct. Executed this ~~ /fjQ (/-0 Of~kJ- , 204-, day , California. at s~ --fLu ~ Printed Name ,5fJJ:~ fIe'td1 e y Title V,t"t.€., re510!~. Signature Signing on behalf of (if applicable) .. 14 AGENDA ITEM NO. Lf ~L{5.. I OF 71 Product Data PfWB-Ol (W)- White PTWB-Ol (Y) - Lead Free Yellow PTWB-Ol (B) - Black Product Description Pervo Paint's PTWB-Ol formulation of the State of California's traffic paint is the finest available, from any manufacturer. It is a 100% Acrylic Polymer emulsion that delivers extraordinary performance. Pervo does not compromise on raw material and our first rate manufacturing process insure excellent quality with Pervo "Stat.{: Specification" traffic paint. Durability and speed of dry are prime characteristics of Pervo's PTWB-O I. Even under marginal conditions of low temperature and high humidity, Pervo'sPTWB-OI performs up to expectation and still dry quickly. Pervo's PTWB-OI delivers "no track times" in as little as 30 seconds. "Early Washout", a problem with many waterborne formulations, is resisted by Pervo'sPTWB-OI, meaning that incidental water has less of a chance of deteriorating our.paint than many of our competitor's. Product Uses Pervo's PTWB-Ol is designed for use as long line traffic marking for roads and freeways, as a legend marking paint and for parking lot delineation over asphalt, portland cement and concrete pavement. Industries' (customers) that use this product include: Striping Contractors, Industrial Plants, Covered Parking Structures, Parking Lots, Shopping Centers, Municipalities, State DOT and County Road Departments. ProductAdvantages' Meets the State of California's specification for low VOC water-borne traffic marking paint. 100% Acrylic Polymer Emulsion. Excellent "EarlyWasllOui" resistant. Superior adhesion. Excellent durability. Rapid curing, no track in as little as 30 seconds. Does not require heat to accelerate dry. Remains flexible over time. Easy to spray with' a I gpm pump, compatible with most spray equipment. Can be applied with airless or air atomized spray equipment. Doesn't require thinning. Excellent shelf life, resist settling in container. Comes packaged in 5 gallon cans, 55 gallon drums, and 250 - 345 gallon IBC's (Stainless Steel or.Polypropylene).. Property PlWB-ol' ..~.oi White l,,F.Y\!lIow Pigment, % by weight (+ 2) GO.O 58.0 58.0 Total Solids % by weight, (+ 2) 77.0 76.0 76.0 Vehicle, % by weight (+ 2) 40.0 42.0 42.0 NonvolaUle % by weight of vehicle, Min. 42.0 42.0 42.0 Weight per gallon, .. Ibs minimum (+ .3) 13.98 13.56 13.50 Viscosity, @ 770 F, KU 78 - 92 78 - 92 78 - 90 Grind (Hegman Gauge), Minimum 3 3 3 Contrast Ratio, 5 mils wet .93 .87 1.0 Directional Reflectance, approx. 87(<) 47 -60(<) 4(<) Dry Through TIme, 15 mils wet @90% RH, Minutes, MaxASTM [);.1640 (See 1} 180 180 180 Dry Through TIme, 15 mils wet @ Standard Conditions, Minutes, MaxASTM [);'1640(See2) 20 20 20 No Pick Up TIme, without beadS, minutes, MaxASTM 0-711, MAx. 10 10 Iv Thinner Water Water Water PH (+ 1) 10 10 10 VOC (Volatile Organic Content), gII, Max. 150 150 150 Footnote 1: When tested inaccotdance to ASTM D-1640, the pressure exerted will be the minimum needed to maintain contact with the thumb andfi'm. Footnote 2: Standatd Dry Through is defined as 23 (+ 2) degrees C (73.4 degrees F.) and 50 (+ 5) % Relative Humidity. Cpverage 100 square feet per gallon at 15 mils wet film. 300 feet of 4-inch line per gallon at 15 mils wet film. Shipping Data Container PTwB4)l PTWB-Ol PTWB~O White LF Yellow Black Pail 15.0 14.6 14.5 Pail 5 71.9 69.8 69.5 Drum 55 820.9 797.8 794.5 p, Tole 220 3,537.6 3,445.2 3,432.0 P - Tote 250 3,900.0 3,795.0 3,780.0 SS - Tote 250 3,995.0 3;"890.0 3,875.0 SS - Tote 345 Surface Preparation In general, coating performance is in direct proportion to the quality of the surface pr~aration." " Before applying coating the surface should be clean and dry. The surface must be free from oil, grease, gasoline, and ponded water. Application Limitations Do not apply when the temperature is below 50 degrees Fahrenheit. Do not heat coating in striping system above 110 degrees Fahrenheit. Do not apply first coat over fresh asphalt at more than 7 mils wet. Allow first coat to dry before applying the second coat. Do not leave water or water mixed with non-sudsing cleaner for more than 24 hours in spray equipment. It is recommended to use a mixture of glycol solution and water for storing spray equipment longer than 72 hours. Do not leave paint in lines that are not airtight. DO NOT MIX WITH WATER. This product comes ready mixed. Government Specification Tests as per Federal Std. 141A. Meets 1TP I 952D, Type II Meets Cal Trans Spec: PTWB-Ol Meets SCAQMD rule lIB. Mixing Data To get an even distribution. of paint pigment the paint should be agitated for 10-15 minutes. If necessary strain the paint. Remove any skins before mixing; do not attempt to mix hardened paint films with liquid paint. - Environmental Data Meets SCAQMD rule 1113. Dry paint chips are non-toxic. Meets aU California air pollution requirements. Clea,n Up Data Use water or a solution of }'V~terandany non-sud~ingcIeaner. If paint is dry a solve~fti1aybene(:ess~. Ta~<;are not to contaminate this and all waterborne paintswiili.S6Ivents. Safety Precautions For industrial use only. See and read MSDS and product labels on packaging. Painted surface may be slippery when wet. Do not inject yourself with spray equipment. Avoid contact with eyes and skin. Keep out of the reach of children. Use only with proper ventilation. Before smoking, eating or" after using, cleanse hands thoroughly. Shelf Life Pervo PTWB-Ol is a bigh performance traffic coating product and is best utilized within three months of delivery but remains usable for twelve months. Warranty Pervo warrants to the purchaser for 6 months, from date of manufacture, that this product, when properly applied, following the directions above, are manufactured without defects. This"limited warranty covers material replacement only. Excluded from coverage is labor, any damage to the application surface or any failure of the coating caused other " than by defects in themateriaI. PTWB-OI (CA State Spec.) 2/02 '. Inf9n:rJi'ltic;>n ~9Pt~Jn~~tin this docJ!ment was the latest dat<;t avai(aI;Jle-at tile titneof pu):llidiit!ori-, 90l?j~GLto rEjvisiQnwith 9\1.t notice. . . _ .,'. .,' '," -' _ -'--'~ -' ,'- '- -. .'. . _ _ . . ',' , ,-- ,,-- ,"'-, .. ,.- ,',-,' . .., .. '. Corporate Offices Pervo Paint Company 6624 Standford Ave., Los Angeles, CA 90001 Phone: (800) 892-3647, (323) 758-1147- Fax (323) 778-9719 Website: www.pervo.com .. Email: sales@pervo;com Division Offices Davlin Coatings. Jne. 700 Allston Way; Berkeley. CA 94710 Phone: (800) 709-5919, (510) 848-2863 - Fax (510) 848-1464 Website: www.dayljncoatings.com · Email: sales@davlincoatings.com . _~~.rv~ ~. .Pa~~_!.~ ~9.~p~~~.. .. ~.."!"".'-~- . .. ~ '." . _.::~.~~i ....J 'IJi1. 213-758"1147 800.892-3647 PAX 213-778.'719 ill-PERFORMANCE, W ATERdBORNE, CURB EN,AM~L . . 3145 .. RED tOO% ACRYLICPQL YMER EMULSION Pervo curb enamels offer the ultimate in the durability utilizing the most advanced technology acrylic-resins. This fQnnulation possess better dirt resistance, faster dry. through, excellent durability, adhesion and wear resistance over asphalt, concrete and old markings compared with conventional water borne curb paint. Total Solids, % by wt. Pigment % by wt. Pounds per gnllon Viscosity, K.U. Fineness of grind Tack-Free Time at 5 mil::; wet 45 :t 2 14;t 2 9.'1 I .2 80 -.. 95 6 (minimum) 15 minutes J Dry hard VOC (V oJatile Organic Content)- Thinner 1-2 hours 150 gmsIliter Water COVERAGE: 400-500 sq. ft. per gallon.- RECOMMENDED APPLICATORS: Airless or Air-atomized Spray Surface preparation: III gcneraJ,coating perfonnanceis in direct proportion to the quality of the surface preparation. Before applying coating it is ideal that all surface~ are clean, llry and :f1:ee - . from oil, grease, gasoline and pounded water. MEETS SCAQMD RULE I ) 13 J __ ______.._. _ _ _____--AO~NOAJIEM_NO. '-/ A N G r:: }. ~ S. CA 9 0 ~ !f71 OF 7 I 3145spc '. .~-~ -.-... .,'"---- ..,.... 66:2 4 - . STANFORD AVENUE. LOS -~ ~ -...., P.ervQ ~_~~~nt ~_~c:)InP.~~Y .. '-', .,-_. '. . ",.~ ,_ _.___;....... H..'.. -', """ I TEL 213.758-1147 800-S92-3ffl7 FAX Z1~.77R.~719 PRODUCT SPECIFICATION' TRAFFIC PAINT, HI-PERFOR~ANCEWATER BORNE. RAPID DRY 6004 - RED CURB 6005 -GREEN CURB 6006 - BLUE CURB (100% ACRYLIC EMULSION) Durability and speed of dry are featured in the formulation of this paint. The trend in th~ traffic paint formulation has been toward speed of dry, which results ihtninimum traffic tJe- up. These paints can" be applied without the" expensive andsophi$ticated application Aquipment needed for some of the new fast drying paints. ThesEfpaihts dry faster under marginal conditions of humidity andairfJow. These formulationS possess better early washout resistance, excellent durability in terms of retention ofgl.8SS beads for night visibility and wear properties over asphalt, concrete and old markings compared With paints based on conventional waterborne emulsions. ~ Red."" Green," Blue 60:1:2 40:1:2 75.0 13_U 80 - 95 -1 5 Pigment % by weight Vehicle % by weight Nonvolatile % by weight of paint Pounds per gallon, minimum Viscosity, K.U. FIneness 6f grind, minimum Laboratory dry time, 77D F ASTM 0-711. minutes. maximum Dry Through Time (Early Washout), minutes, maXimum 15 mils wet film@72.5:t:50 & 90%:t5 R.H. Test as per ASI M D-1640, except exerting minimum pre~~ult: Paint film should not crack when draw down 15 mils wet on 15 pound Asphalt Saturated felt 125 Thinner vac (Volatile Organic Content), maximum CDVERAGE:100sq. ft. per gallon at 15 mils wet. ThInnIng Is not remmmended for this product. water 1 00 gll . . Tp.::::ts as per Federal Std. 141c Meets TIP 19520, TYPE 1\ ,...., MEETS SGAQMD RULe 1113 PERVO PRODUCTS MEEt ALL CALIFORNIA AIR POLLUTION REQUIREMENTS --- ~.~..-.... ....--~..--_..~. ..... -~n4 ~M:,flO. CA 9(l~lf~ Ii 6 2 il s or AN PO RD 1\ VE N UE. LOS A N (j E Lo S , 4 OF 7~1 PROPOSAL FROM PCI '-" '-" .. """ AGENDA ITEM NO. '-I PACES6 OF 7/ TRAFFIC STRIPING AND PAVEMENT MARKING ~! PROPOSAL Name of Bidder pc "I- "\\~ E 11>)\ ~}- LofJr:> ~~ CA. &fr:'F<d'o Address of Bidder TO: City of Lake Elsinore, California The undersigned bidder, in accordance with the City's Notice Invitirig Bids, hereby proposes to furnish all materials equipment 1 tools, labor, and incidentals required for the above-stateq project as set forth in the plan, specifications, and contract documents therefore to perform all work in the manner and tim~ prescribed therein. The attached Bid Schedule is hereby made ~ part of this proposal. - The undersigned bidder declares that this proposal is based upon careful examination of the work site, plans, specificationsl instructions to bidders, and all other contract documents. If this proposal is accepted for award, bidder agrees to enter into a contract with the City at the unit and/or lump sum prices set forth in the following bid schedule. Bidder understands that failure to enter into a contract and furnish bonds in the manner and time prescribed will result in forfeiture to the City of th~ ~, guarantee accompanying this proposal. . The undersigned bidder certifies that this proposal is made ili good faith, without collusion or connection with any other persons or persons bidding on the work. . The undersigned bidder understands that the City Council reserves the right to accept or reject any or all proposals or to waive formality or technicality in any proposal in the in~erest of th~ Agency. .. /"""'> 8 AGENDA ITEM NO~ '-I PACEp'. OF 7/ NAME OF BIDDER P e-3:- .~ CITY OF LAKE ELSINORE TRAFFIC STRIPING AND PAVEMENT MARKING BID SCHEDULE Note: All street striping and markings are to be applied to a thickness of .15 miL BID UNIT/ UNIT ITEM DESCRIPTION APPROX. QTY PRICE 1. 4" Skip line, white or yellow 97,000 LF ..OL\ 2. 4" Solid line, white or yellow 103,000 LF ,ob 3. 4" Double solid line, yellow 138,000 LF · \\ with 3" wide black line between yellow lines 8. 4' Letter legends 400 EA &,0:> 9. 8' Letter legends, white or yellow 4,200 EA ~.50 TOTAL COST . - JZ9 '2.>~ ~ .~ b \ <60 i : ,g>> \Sl\~ ~ \~; $I ~\'2.o : 0.7 '~\~~ 4) '2-7$:) ,- ~ co : 2~ro -- . ~ ~lfDD : 10. 8' Arrow legends S 700 EA rzsn <is-;JSD. . N."'~ s.~ J\.1cu>~ ~ \~ Total amount of bid in words: ~ Oo\\~!> ~ -n ~'\>. Total amount of bid in numbers: $ 4(;:.,02'6.77 I . . . The Undersigned has checked carefully all of the above figures an<;l understands that the City will not be responsible for. any error or omissions of the part of the Undersigned in making up this bid. 9 ....", ACENDA ITEM NO. 4 PACE,~ : OF J I ".-.- I The Undersigned agrees that in Case of default in executing th$ required Contract with necessary bonds and insurance policie$ within twenty (20) days from the date of award of Contract by the City Council of the City of Lake Elsinore, the proceeds of th~ check or bond accompanying this bid shall become the property of the City of Lake Elsinore. . The Undersigned bidder declares, under penalty of perjury ; they are licensed to do business or act in the capaci ty contractor within the State of California and that they validly licensed under license number ~. <(;Z'S <602-- . -' classification [.,-~'"7-- which expires on q lSd' O~ This statement is true and correct and has the legal effect of affidavit. that of cji are aI;1 Respectfully submitted, ~ )s'L ~ <60.2., .pt,:Y Representative Contractor's License No. (5ti) z,'''=6 - DS'Ot...\ Telephone Number .-.-1 ~~ .-.-, 10 AGENDA ITEM NO. If PACES'~ . OF ]' . , , TO.ACCOMPANY BID SUBMITTAL BIDDER'S BOND City of Lake Elsinore, California ......", KNOW ALL MEN BY THESE PRESENTS Tha t we, l'l.a as PRINCIPAL, and Federal Insurance Company as SURETY, are held .and firmly bound unto the City of Lak$ Elsinore, Lake Elsinore, California in the sum of TEN PERCENT (lO%) of the total amount of the bid of said PRINCIPAL, to be paid to said Agency or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly severally, firmly by these presents. In no case shall the liability of said SURETY hereunder exceed the sum of $ Ten percent (10%) of the total amount of the bid THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, said PRINCIPAL has submitted the above mentioned bid to the City of Lake Elsinore, California for certain-construction referred to as: TRAFFIC STRIPING AND PAVEMENT MARKING NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner required under the specifications shall duly enter into and execute a contract for such construction and shall execute and deliver the Labor and Ma terial , and the Faithful Performance Bonds and other contract documents described, then this obligation shall become null anq void; otherwise it shall be and remain in full force and effect. ......", In the even t and judgment is incurred by the attorney's fee to suit is brought upon this bond by the Obligee recovered, said SURETY shall pay all costs Obligee in such suit, including a reasonable be fixed by the Court. on IN WITNESS WHEREOF, we here hereunto set our hands and seals this 2nd day of August , 20~. PCl Fe.d~era--.l _lsn~sura~n.~ceC'h~\.l~m:;;n I} A../....,PRI.NCI. PAL. ' - Wf:j;ii. BY: (f)'t, )': \\Slgnatur~... 0 .. Signature \.u, ,^""" <=>. .)/koI> Linda D. Coats Q.rJ1"c~R~~ Name y~I.tJI~ Attorney in Fact Title Title P.O. Box 16118, Long Beach, CA 90806 801 S. Figueroa Street, Los Angeles, CA 90017 Address Address BY: ......", 11 ACENDA ITEM NO. Lj ~1C:;'i - OF ., / POWER OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn: Surety Department 15 Mountain View Road Warren, NJ 07059 ~ Chubb ~ Surety ,,-.... .now All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana COIpOr3tion, VIGILANT INSURANCE COMPANY, a New York corporation. and PACIAC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp 0r Linda D. Coats of Laguna Hills, California---------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obftgatory in the nature thereof (other than bat bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corPorate seals on this 2 2 n d day of J an uary, 2 00 4 b.~~~( k'~~ ~~~ ran E. Robertson, F'f nt STATEOFNEWJERSEY} ss. County of Somerset On this 22 ndfay of J an uary, 2004 ,before me, a Notal)' PublIc of New Jersey, pelSOn8lly came ~th C. WendeI,to me known to be AssIstant SecretaI)' of FEDEAAlINSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY. the companies whIc:tl executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn. did depose and say that he Is AssIstant SecretaI)' of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PAClAC INDEMNITY COMPANY and knows the corporate seals lhereof,ltiat Ihe seals allixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of the By-Laws of saki CompanIes; and that he signed said Power of Allomey as AssIstant SecretarY of $aid Companies by ike authority; andlhat he Is acquainted with Frank E. Rober1son, and knows him to be VIce President of said Companies; and that Ihe signature of Frank E. RobeJtson, subscribed to said Power of Attomey Is In the genuine handwriting of Frank E. Rober1son, and was thereto subscribed by authority of said By-Laws and In depOnenfs presence. ~ la~ Seal Karen A. Price 11~ P RIC<<, Nofari Public 8iate of New Jersey f<:LA. Q _,L a_tA.L U ~;;- ~~G $- C~ThiSS:o~J~.~:~~txm .. -- Extract'" - of FEDERAL INSURANCE COMPANY, VIGIlANT JNSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY: "AJj po~.mey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant VICe Presiden~ jointly with the Secretary or an Assistant SecretaJy. under their respective d8!>lgnations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant VICe President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of.exeaJting and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsinule seal shall be vard and binding upon the Corll>any with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel,Assistant Secretary of FEDERAl INSURANCE COMPANY, VIGIlANT INSURANCE COMPANY, and PACIAC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By-laws of the Companies is true and correct, (ii) the Companies are duly rJCensed and authorized to transact surety business in aD 50 of the United States of America and the District of Columbia and are authorized by the U, S. Treasury Department; furthOr, Federal and Vigilant a" licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is rlCensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ill) the foregoing Power of Attorney is true, correct and in fun force and effect. Given under my hand and seals of said Companies at Wafren, NJ this 2nd day of August, 2004 d~~ ~~~~/ Kenneth C. Wendel, Assistant Secretary IN THE EV~NT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY 0 NOTIFY US OF ANY OTHER MAlTER, PLEASE CONTACT US AT ADDRESS LISTED ABOV~Of Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com CALIFORNIA ALL.PURPOSEACKNOWLEDGMENT County of ORANGE }~. ......, State of California On AUG 0 2 2004 . before me, CHRISTINE H. RAPP, BOTARY PUBLIC Name and 1llIe of OffICer (e.g., . Jane Doe, Notary Public' Dale personally appeared LIHDA D. COATS Name(s) of Slgner(s) []l personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me. that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above ......, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of thi~ form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual. o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o . Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHt THUMBPRINT . OF SIGNER Top of thumb here . . Signer Is Representing: ~ 0.1999 NalIonaI NolaIy Association . 9350 De Solo Ave., P.O. Box 2402 . Cha\sworlh. CA 91313.2402 . www.nalionalnolary.crg P.od. No. 5907 _r.CaI"Jo11.Freel~ "-'" AGENDA ITEM NO. 4 PACE ..5<0 OF 7~1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,.-..c ~....,. .... ...... .,~ State of California County of LOS ANGELES } ss. ,. On ~IYld-\ Date , before me, Celeste A. Graham Notary Public Neme and TiUe of OffICer (e.g., . Jene Doe, Notary Publlc1 personally appeared WILLIAM G. JACOB PRESIDENl', PCI Name(s) of Signer(s) rn personally known to me o proved to me on the basis of satisfactory evidence J" ~7::"'~ " CELESTE"A~ GRA"HAM 1 o COMM. #1312118 0 U . NOTARYPU8UC.CAlJFORNIA g o :: . LOS ANGELES COUNTY -" ~~s:i:n ..E~P~:; ~u:y :0; ~5J to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above .-...! OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here . . Signer Is Representing: ".....,. C 1999 National Notary Association. 9350 De Soto Ave.. P.O. Box 2402. Chatsworth. CA 91313.2402. www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 ACENDA ITEM NO. t/ PACES 9 OF 71 'rO ACCOMPANY BID SUBMITTAL NON-COLLUSION DeCLARATION ~ (Public Contract Code Section 7106) l/'h\\11\W\ ~.. ~~ , do hereby declare that I am . ~~I ()uJ-\. 0 f Pc..3=. (Title) (Contractor) The party making the foregoing bid and that the bid is not made in the interest of, or on behalf of, any undisclosed person~ partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in' any manner i directly or indirectly, sought by agreement, corranunication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are indirectly, submitted his or her bid price or any -breakdown thereof, or the contents thereof, or di vulged information or data relative thereto, or paid, and will not payj any fee to any corporation, partnership, company associationj organization, bid depository, or to any member or agent thereof tQ effectuate a collusive or sham bid. I, the ....., I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. <6/4k~{ DATE f'(.I 1\05 E. I-hH -:J, LoNJ~' CA t:'1<.fttb ) PLACE ; ~ .c> SIGNATURE \....U 1 \ \ l """ ~. NAME )~ '. 12 ~ AGENDA ITEM NO.: PA<E:S)( if OF /[" / CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~.., .-. -- .- . . . . - . . . . . . . ~ -~ State of California County of LOS ANGELES }ss 'I On DJ~ , before me, Celeste A. Graham Notary Public Name and Title of OffICer (e.g.. "Jane Doe. Notary Public") personally appeared WILLIAM G. JACOB PRESIDENT, PCI Name(5) of Slgner(5) Qi personally known to me o proved to me on the basis of satisfactory evidence r~ ~ ~ .CELESTE~A~ GRAHAM I a COMM. #1312118 0 ~ . NOTARYPUBUC-CAUFORNIA g O:~s?:i LOSANGELESCOUN1Y ...... 1 Uy r,.jmmission ExpkesJu!y 30;~~ J ;.....-:-...,:::"I""~.c"'1i""-".e,:p.."',r-.'<..'r".-ry;......~-?'...."'"'?'~~ to be the person(s} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above W1aN l)o/. ha1d.andZ,~c' Ise~L t/j/ i!i ~~ ~XE'-4 . ,... !. . +~.. '-.. Signature of Notary Public ~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact . o Trustee o Guardian or Conservator o Other: Top of thumb here . . Signer Is Representing: ~ C 1999 National Notary Association. 9350 De SotoAve.. P.O. Box 2402. Chatsworth, CA 91313-2402. www.naHonalnotary.org Prod. No. 5907 Reorder. Can Ton-Free 1-800-876--6827 AGENDA ITEM NO. 4 PIU.....s.:LOF '}J ro ACCOMPANY BID SUBMITTAL NAME OF BIDDER t>c:c- """" DESIGNATION OF SUBCONTRACTORS City of Lake Elsinore, California In compliance with the provision of Section 4100-4113 of .the Code of the State of California and any amendments thereto, th~ undersigned certifies that he has used the sub-bids of the following listed subcontractors in making up his bid, and that the subcontractors listed will be used for work for which they bid1 subj ect to the approval of the Engineer, and in accordance wi tb the applicable provision of the specifications. Bid Item Number Subcontractor r-J JA:. - t:-XJ~<L Address/Telephone ......, pc:c- Name of Firm ~~ . . ~,gnature of Bidder p ~s..~, .. Title 13 ......, AGENDA ITEM NO. L/ PA<E.. ~CX OF 71 ~ To Accompany Bid Submittal NAME OF BIDDER t>n ,.~ DECLARATION REGARDING LICENSE STATUS I do hereby declare that our/my contractor's license i is *- "6~ ~'- and expires on. q l ~ I oS- I declare under penalty of perjury that the foregoing is true and correct. Executed this ~ ~~ M day of ~,.rD..\- 2oA, at California. Signature ~ Printed Name . VJll\11\'v-'l {(tle:::,; M1 , ~. )~fS Title ,........ Signing on behalf of (if applicable) . . ",........ 14 AGENDA ITEM NO. '-I PPa(Pl; OF 7/ PROPOSAL FROM C-18 INC. ,....." ......." . . ~ AGENDA ITEM NO. L/ PACE. &~ . OF "? I TRAFFIC STRIPING AND PAVEMENT MARKING ..--... PROPOSAL Name of Bidder C-18) INC.. Address of Bidder P.O. "BOX 3360, BEAUMONT CA 92223 TO: City of Lake Elsinore, California The undersigned bidder, in accordance with the City's Notic~ Inviting Bids, hereby proposes to furnish all materials equipment) tools, labor, and incidentals required for the above-stated project as set forth in the plan, specifications, and contract documents therefore to perform all work in the manner and time prescribed therein. The attached Bid Schedule is hereby made <it part of this proposal. " The undersigned bidder declares that this proposal is based upon careful examination of the work site, plans, specificationsi instructigns to bidders, and all other contract documents." If this proposal is accepted for award, bidder agrees to enter into a contract with the City at the unit and/or lump sum prices set forth in the following bid schedule. Bidder understands that failure to enter into a contract and furnish bonds in the manner and time pr~scribed will resul t in forfei ture to the Ci ty of th~ ,-, guarantee accompanying this proposal. : The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person$ or persons bidding on the work. The undersigned bidder understands that the City Council reserves the right to accept or reject any or all proposals or to waive formality or technicality in any proposal in the in~erest of the Agency. . . ~ 8 AGENDA ITEM NO. LJ PACE~3 OF 71 . . NAME OF BIDDER /J _.\ G- L 6\ l J\..J ~. CITY OF LAKE ELSINORE TRAFFIC STRIPING AND PAVEMENT MARKING BID SCHEDULE ~ Note: All street striping and markings are to be applied to a thickness of .15 mil. ITEM DESCRIPTION BID UNIT/ APPROX. QTY UNIT PRICE 1. 4" Skip line, white or yellow 97,000 LF ~D~7 *D?3 ~ I 1::1'7 2. 4" Solid line, white or yellow 103,000 LF 3. 4" Double solid line, yellow 138,000 LF with 3" wide black line between yellow lines TOTAL COST lotL\qq~<pO ".5 \ l1.0D , ~) , l.t,U. 00 4. 6" Solid line 28,000 LF ~ 0, y. 2..\ 672..00 5. 8n Solid line 24,000 LF .. 14ar ~l S7lo~.DO 6. 12n Solid line, white or 31,431 LF :19 2H/&3DL4<1 yellow 7. Double 4" wide solid and 19,000 LF .6<t3 \ ;l~l"OD ....", broken line, yellow with 3" wide black line between yellow lines 8. 4' Letter legends 400 EA 3.6D \ ) 4CD ~ C> 0 9. 8' Letter legends, white or 4,200 EA $',<-13 ;u'18D(q.OO yellow )l\laOO,OO Total amount of bid in words: ~\ tV12""f"'iSE-J<::..t0 '-mov~l'>-lVD . t:l G1-V1 \-\ L.tt0 D fl...€f:) '-yl--\ l R."\ ~ ~ l V E: \:) () LLp. <C~ AN 0 llDuf-:TI N\ ~fZ ~()V\S~ Total amount of bid in numbers: $ q -Z! ~ 3S I '-l q 10. 8' Arrow legends 700 EA I ~Loo . . . The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for. any error or orrcissions of the part of the Undersigned in making up this bid. 9 ....", . AGENDA ITEM NO. '-/ PACE ,~'-L, OF 7~ I . .---.. The Undersigned agrees that in case of default in executing th~ required Contract wi th nece~sarY bonds and insurance policie~ within twenty (20) days from the date of award of Contract by the City Council of the City of Lake Elsinore, the proceeds of th~ check or bond accompanying this bid shall become the property of the Ci ty of Lake Elsinore. . : The Undersigned bidder declares, under penalty of perjury, that. they are licensed to do business or act in the capaci ty of it contractor within the State of California and that they are validly licensed under license number 731233 classification C.32 which expires on 0 )-3.1-05 This statement is true and correct and has the legal effect of a~ affidavit. Respectfully submitted, 731233 C- ) 8, INC. Legal Name of Firm Contractor's License No. 909-845-3099 Telephone Number .---. .. .---., 10 AGENDA ITEM NO" '-I ~&5. OF 7/ TO ACCOMPANx BID SUBMITTAL BIDDER'S BOND City of Lake Elsinore, California Bond No. 116890-05 KNOW ALL MEN BY THESE PRESENTS That we, C-18. Inc. as PRINCIPAL, and American Contractors Indemnity Company as SURETY, are held and firmly bound unto the City .of Lake Elsinore, Lake Elsinore, California in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to said Agency or its certain attorney, its successors and assigns; for which payment, well and truly. to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly severally, firmly by tbese presents. ~ ~ ~ -t i t In no case shali the liability of said SURETY heretmder exceed the sum of $ 1'3;500.00 THE CONDITION OF ~HIS OBLIGATION IS SUCH TF-AT, WHEREAS, said PRINCIPAL has .submitted the above mentioned bid to the City of Lake Elsinore, California for certain' construction -referred to as: TRAFFIC STRIPING .~ P.;VEMENT lvIARKING NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the' contract and within the time and manner required under th~ specifications shall duly enter into and execute a contract for such construction and shall execut.e, and deliver the Labor and Haterial, a~d the Faithful PerEo::-rr.ance Bonds and other contract documents described, then this obligation shall become null and void; other.oJise it shall be and remain .in full force and effect. ......, In the event and judgment is incurred by the attorney's fee to sui t is brought upon t.his bond by tbe Obligee recovered, said S~RETY shall pay all costs Obli gee In suc!: sui t, ine l1.lding a reasonabl e be f i;<:ed by the Court. ';. .IN WITNESS WHEREOF, we here hereunto set our hands and seals on this 4th day of August , 2.004 C-18. Inc. American Contractors Indemnity Company Signature Michael Hathawa Name. President - 'title P.o. Box 33~O ~~ Address Beaumont" CA 92223 BY: Signature Janel . Miller Name attorney-in-fact Title 242 E. Airport Drive #104 Address San Bernardino, CA 92408 AGENDA ITEM NO. L/ PACE(e~. OF -'7/ BY: ......, 11 (' A American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, Georgann McCrosson, Janelle L. Miller, Margarita Sanchez or Jrasema Urbina of San Bernardino, California its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the courst' of its business and to bind the Company thereby, in an Amount not to exceed $ ***1,863,000.00***Dollars . This Power of Attorney shall expire without further action on tI:farch 18,2007. This Power of Attorney is granted and is signed and sealed by facsimile illlder and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6'" day of &ecemb~, lQQ.O. "RESOLVED that the Chief Executive Ofjicer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority J. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and unJertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in-Fact and revoke the authority given. . RESOLVED FURTHER, that the sig;wmrcs ofsuchofficers (lnd~ thescal of the ('nmpJm)'.TlIaybe. 4jixed t()'1I1ysu~-h Ri)~!erl(rAttorney orctrt{fh'a!l>',.; ., rdat-inl{ thereto by facsimile,. and any such Power of Attorneyor cei1ifif.'Gtebearing sucirfacsi",ae'signatures orfilC;:;imilesealt!hallbe valid and binding .~.". upon the CompiJny ,in,] ..n}' sllch power so executed and cerTified byfacsiinile signJ:uresimd facsimile seal dlGll be valid unt!pindiilg.uponthe Company.:;,? r-- ili the fitture with respecr 10 allY bond !Jr undertaking to which it is attached.," .'1', . IN WITNESS WHEREOF, American CcntractorsIndemnit}i, Ct'ITtpany. has cal~sed iis scalto be affixetfhereto and executed byits~Chief. Execl'tive Officer on the 15th dayofD~cember, 2003. ~ STATE OF CALIFORNIA COUNTY OF LOS ANGELES .ti, NTRACTORS INDEMNITY C'OMPANY 'i By: ~ ~ On this ISd} day of December 2003, before me, Deborah Reese, a notary public. personally appeared Robert F. Thomas, Chief Executive Officer of Americ?on-Contract.oTs Indemnity Compapy, ,to me personally known to be the individU21 and officer described hefein, and acknowledged that he executed thc' foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand ana cfiicial seal. I I t1.bJ{f?~ tAlI ~---- SignatUre of Notary My Commission expires March 18. 2007 ~ - - - - ~~=R:::9- ~ ~~. Notmy PublIc . Collomlo f Los Angeles Counly - j ~ _ _ ~~or:m~x~es_Ma~1~2~7f I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attomey and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that ncither the said Power of Attomey nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 4th day of ......... 30nd No. 116890-05 Agency No.--.1t2.006 AGENDA ITEM NO. P#U tp 7~ $2fn:.? I f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of- California. County of San Bernardino -....I On August 4, 2004 before me, Margarita Sanchez, ,notary public Name and Title of OffICer (e.g" 'Jane Doe, Notary Public') personally appeared Janelle L; Miller Name(s) of Signer(s) KJ personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(g) whose name~). isOOxoc subscribed to the within instrument and acknowledged to me that 1mIshe~ executed the same in Dlher/6lr authorized capacity(~), and that by Bslher~ signature(K) on the instrument the p~rson(K). or the entity upon behalf of which the person(K) 'acted, executed the instrument. ).....----......-......--....- ~ MARGARITA SANCHEZ - ." . Commission # 1472350 f i -,,; - Notary Publlc- California J " San Bernardino County - . , My Comm. ExpIres Feb 24,2008 W~TNE~han:_~_ ~ 0< ~ ~ re~~Pu~. -------------------OPTIONAL-----------------_____________ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: .:-~ . Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Janelle L, Miller Signer's Name: o Individual o Corporate Officer o Titles(s): o Partner - 0 Limited 0 General IXl Attorney-in-Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER Top or Thumb here o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other:' Top of Thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: American Contractors Indemnity Company AGENDA ITEM NO. PACE fpl ,....... TO ACCOMPANY BID SUBMITTAL NON-COLLUSION DECLARATION ,-., (Public Contract Code Section 7106} I, MICHAEL HATHAWAY do hereby declare that I aIfl the PRESIDENT of C-18, INC. (Title) (Contractor) The party making the foregoing bid and that the bid is not made ib the interest of, or on behalf of, any undisclosed person; partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any othet- bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in' any manner; directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or di vulged information or data relative thereto, or paid, and will not payj any fee to any corporation, partnership, company association; organization, bid depository, or to any member or agent thereof t<;> effectuate a collusive or sham bid. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. AUGUST 4, 2004 DATE BEAUMONT, CA ~CE ~.. MICHAEL HATHAWAY NAME P.RES . ~ 12 AGENDA ITEM NO. LJ PACE... f'o:J OF 7~1 ~. TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER C-18, INC. ...., DESIGNATION OF SUBCONTRACTORS City of Lake Elsinore, California In compliance with the provision of Section 4100-4113 of the Code of the State of California and any amendments thereto, th~ undersigned certifies that he has used the sub-bids of the following listed subcontractors in making up his bid, and that th~ subcontractors listed will be used for work for which they bid~ subject to the approval of the Engineer, and in accordance witb the applicable provision of the specifications. Bid Item Number Subcontractor Address/Telephone NONE ....., C-18, INC. Name of Firm MICH~L HATHAWAY PRES ~~ Ti tIe 13 ~ AGENDA ITEM NO. 4- P147Q: OF 7/ ,..... ,........ ,..... ,- To Accompany Bid Submittal NAME OF BIDDER C-)8, INC. DECLARATION REGARDING LICENSE STATUS I do hereby declare that our/my contractor's license is 731233 and expires. on 0 )-3 )-05 I declare under penalty of perjury that the foregoing is true and correct. Executed this 4TH 20~, day of A.uGUST at BEAUMONT I California. Signature ~ ===4- Printed ~ame MICHAEL HA(jtWAY Ti tIe PRESIDENT Signing on behalf of (if applicable) . . 14 AGENDA ITEM NO. If PACE 7/ OF '7! . ORDINANCE NO. 1126 ,....... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING EAST LAKE SPECIJ?IC PLAN AMENDMENT NO.6 WHEREAS, Laing - CP Lake Elsinore LLC (Laing) has submitted an application for the East Lake Specific Plan Amendment No.6. The approximate 707-acre East Lake Specific Plan Amendment No. 6 area is located within the central portion of the East Lake area and is generally bounded by Malaga Road to the north, Mission Trail Road on the east, and future Bundy Canyon Road on the south; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on April 6, 2004 made its report upon the desirability and made its recommendations in favor of the East Lake Specific Plan No. 6 by adopting Planning Commission Resolution No. 2004-37 recommending to the City Council approval of the East Lake Specific Plan No.6; and WHEREAS, the City Council of the City of Lake Elsinore convened at a regular meeting held on April 27, 2004. Public testimony was received and discussed. The matter was deferred to a City Council Study Session on June 10, 2004. Public testimony was received and discussed. The City Council held a duly noticed public hearing on July 27, 2004, for the purposes of considering the East Lake Specific Plan No.6; and "..... WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 27, 2004; and WHEREAS, the conditions recommended by the Planning Commission will be incorporated into the East Lake Specific Plan No. 6 to ensure that the issues identified by the Planning Commission have been resolved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed East Lake Specific Plan No. 6, prior to approving such proposal. The City Council finds and determines that the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 and Associated Applications is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes env'lronmental effects of the East Lake Specific Plan No.6, based upon the following findings and determinations: 1. The Supplemental EIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and is complete and adequate in its evaluation of all environmental effects of ,....... the East Lake Specific Plan Amendment No.6 and associated discretionary approvals. The AfiENDA ITEM NO. X- "'. PAGE---LOF~ ORDINANCE NO. 1126 PAGE 2 """, ~ East Lake Specific Plan Amendment No.6 and associated discretionary approvals will result in significant unavoidable, air quality and noise impacts regardless of the adoption of feasible mitigation measures. A' Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental ElR, which was prepared in accordance with Section 15 I 63 of the State CEQA Guidelines, includes tfle Draft EIR, Response to Comments document, Mitigation Monitoring Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regardless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental ElR. The Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental. effects. 2. The proposed applications will result in significant unavoidable cumulative air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. ~ The Supplemental EIR concludes that air quality and noise impacts resulting with the proposed applications will be significant and unavoidable, regardless of the adoption of feasible mitigation measures. The prepared Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 3. The proposed applications may result in a signification effect on the environment, either directly or indirectly, as a result of significant unavoidable air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental ElR concludes that air quality and noise. impacts resulting with the proposed applications will be significant and unavoidable, regardless of the adoption of feasible mitigation measures. These impacts may result in a signification effect on the environment. The prepared Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects.' \ 2 ......, AGENDA ITEM NO. 3\ ' PAGE 2. OF JL- ;--. ORDINANCE NO. 1126 PAGE 3 4. The City Council finds the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 to be complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. The Supplemental EIR, which was prepared in accordance with Section 15163 of the State CEQA Guidelines, includes the Draft EIR, Response to Comments document, Mitigation Monitoring Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regardless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental EIR. The Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 5. In accordance with Section 15091 of the CEQA Guidelines, the Statement of Findings included within the Supplemental EIR makes written findings for each significant environment effect associated with the proposed applications. .~ 6. The City Council finds that all significant effects on the environment associated with the approval of the proposed applications have been eliminated or substantially lessened where feasible and that the remaining air quality and noise impacts found to be unavoidable, are acceptable due to overriding concerns. 7. The City Council finds that the Supplemental EIR reflects the City's independent judgment and analysis. SECTION 2. Upon the recommendation of the Planning Commission and based upon the Findings adopted herein, the City Council hereby approves and adopts the East Lake Specific Plan No.6. In this regard the City Council makes the following Findings based upon substantial evidence contained in the record of these proceedings: 1. Specific Plan Amendment No. 6 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seQ. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. . . ;-- The Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase 1 area. 3 AQENDA HEM NO. 3 \ PAGE ~ OF -f.- ORDINANCE NO. 1126 PAGE 4 ....", 2. Specific Plan Amendment No. 6 shall be implemented consistently with the Goals, Policies and Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. The Specific Plan Amendment No.6 document is consistent with the General Plan and other plans and policies of the City. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase 1 area. 3. Those issues, standards, guidelines, and requirements not addressed in the East Lake Specific Plan Amendment No.6 will revert to the 1993 East Lake Specific Plan, CityMunicipal Code and/or Zoning Code in effect at the time future projects are proposed. The Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase 1 area. Those standards, guidelines, and requirements that are silent in the document, will revert to the original 1993 East Lake Specific Plan, City Municipal Code, and Zoning Code. 4. Development standards and regulations contained in East Lake Specific Plan Amendment No. 6 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of Specific Plan Amendment No.6 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. ....", The Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase 1 area. Those standards, guidelines, etc. that are silent in the document, will revert to the original 1993 East Lake Specific Plan, City Municipal Code, and Zoning Code. 5. Location of East Lake Specific Plan Amendment No.6 allows future development to be well-integrated with its surroundings. . The proposed project will construct residential and commer6al uses, park areas, a golf course, a proposed elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. 6. Specific Plan Amendment No.6 will be adequately serviced by existing and/or future public \ facilities and services. 4 AGENDA ITEM NO. 3 , PAGE~OF.lt.- ......" ORDINANCE NO. 1126 ,-. PAGEs Future development is cQnditioned and required to acquire will-serve letters and clearances from public services and utility agencies, prior to construction. 7. Overall design of Specific Plan Amendment No. 6 will produce attractive, efficient and stable development. The proposed project will construct residential and commercial uses, park areas, a golf course, a proposed elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No.6 document, these proposed land uses will be attractive, efficient, and stable. Future development requires Design Review approval which ensures attractive projects are constructed. 8. Specific Plan Amendment No.6 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. Future projects require Design Review approval which ensures safe development is constructed within the Phase 1 area. Future development is also required to comply with the ,..... Uniform Building Code and applicable Municipal Code regulations which further ensures safety and welfare. SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 27th day of July, 2004, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE. . ~ s AGENDA ITEM NO. ~ PAGE~OF~ ORDINANCE NO. 1126 PAGE 6 PASSED, UPON SECOND READING this lOth of August, 2004, by the following vote: ...." AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: Thomas Buckley, Mayor City of Lake Elsinore ATTEST: Vicki Kasad, City Clerk ...." (SEAL) APPROVED AS TO FORM: Barbara Leibold, City Attorney ~ ~ ) 6 AQENDAITEMNO.~ ~ PAGE Ja- OF <<- - ORDINANCE NO. 1127 ",........ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NO. 956 AND APPROVING AN AMENDMENT IN PART AND TERMINATION IN PART OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND EASTLAKE COMMUNITY BUILDERS WHEREAS, on June 8, 1993, the City Council of the City of Lake Elsinore adopted Ordinance No. 956 approving a Development Agreement between the City and Eastlake Community Builders dated June 23, 1993 (the "Original Agreement") which covered approximately 3,000 acres of real property within the East Lake Specific Plan; and WHEREAS, on December 26,2002, the City's Redevelopment Agency, Laing-CP Lake Elsinore LLC and Civic Partners - Elsinore LLC entered into a Disposition and Development Agreement (the "DDA") which contemplates an amendment to the East Lake Specific Plan and termination of certain prior agreements relating to the development of the Specific Plan area; and ",--. WHEREAS, Laing - CP Lake Elsinore LLC (Laing) is requesting the Original Agreement be amended in part relating only to approximately 706.25 acres comprising its project as described in the East Lake Specific Plan Amendment No.6 (the "Amended Development Agreement") and that the balance of the Original Agreement be terminated as contemplated by the DDA and agreed to by the parties thereto pursuant to a Settlement Agreement entered into concurrent with the DDA; and WHEREAS, California Government Code Sections 65864 through 68569.5 authorizes municipalities to enter into development agreements with persons having a legal or equitable interest in real property in order to strengthen the public planning process, provide greater certainty in the development process and reduce the economic costs of development; and WHEREAS, pursuant to Government Code Section 65865, the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements set forth in Chapter 19.12 of the Lake Elsinore Municipal Code; and WHEREAS, in accordance with City rules and regulations, the Planning Commission of the City of Lake Elsinore at a regular meeting held on April 6, 2004 made its recommendation in favor of the Amended Development Agreement by adopting Planning Commission Resolution No. 2004-39 recommending to the City Council approval of the Amended Development ~ Agreement; and ~ WHEREAS, the City Council of the City of Lake Elsinore convened at a regular meeting held on April 27, 2004 during which public testimony was received and discussed and at the conclusion of which the matter was deferred to a City Council Study Session on June 10, 2004 during which additional public testimony was received and discussed; and ,.,.-. . >'). AQENDA ITEM NO'---n- PAGE-l- OF ., ORDINANCE NO. 1127 PAGE 2 WHEREAS, notice of a public hearing of the City Council on July 27, 2004 to consider the Amended Development Agreement was duly published on July 15, 2004 in the Press Enterprise. ~ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION I. Findings. The City Council held a duly noticed public hearing on the Amended Development Agreement on July 27,2004 and based on the information presented, the City Council makes-the following findings in accordance with Section 19.12.080 of the Lake Elsinore Municipal Code. I. The Amended Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Amended Development Agreement vests the certain development rights for the project which includes land uses consistent with the General Plan and addresses funding mechanisms and procedures to ensure the East Lake Specific Plan Amendment No. 6 project is constructed and implemented in accordance with the General Plan. 2. The. Amended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for in the East Lake Specific Plan Amendment No.6 document, which is where the real property is located. The Amended Development Agreement vests the certain development rights for the project ....., as described in and consistent with the East lake Specific Plan Amendment No.6. 3. The Amended Development Agreement conforms to the public convenience and general welfare and reflects good land use practices. The Amended Development Agreement vests ce$in development rights for the project which will include residential and commercial uses, park areas, a golf course, a proposed elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses reflect good land use practices and will conform to the public welfare. 4. The Amended Development Agreement will not be detrimental to the health, safety and general welfare of the community. . The Amended Development Agreement provides for the development of residential and commercial uses, park areas, a golf course, a proposed elementary school, and open space areas in accordance with Specific Plan Amendment No.6 and subject to the conditions of approval and all applicable mitigation measures. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. The conditions of approval and mitigation measures will assure that such development is completed without detrimental impacts on the health, safety and general welfare of the community. . 1 ~ AGENDA ITEM NO. PAGE_~_OF~ ) ~ 2 ORDINANCE NO. ] 127 PAGE 3 ,-... 5. The Amended Development Agreement will not adversely affect the orderly development of property or the preservation of property values. The Amended Development Agreement provides for the development of residential and commercial uses, park areas, a golf course, a proposed elementary school, and open space areas in accordance with Specific Plan Amendment No. 6 and subject to the conditions of approval and all applicable mitigation measures. As shown in the Specific Plan Amendment No.6 document, these proposed land uses will be constructed in orderly phases, will preserve habitat areas as appropriate and will not adversely affect property values. 6. The Amended Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5. The form and content of the Amended Development Agreement IS consistent with the requirements of the Government Code. ,,-. SECTION 2. CEOA. The City has properly reviewed and assessed the Amended Development Agreement pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.), and the City's local guidelines and finds that the Supplemental EIR in connection with the East Lake Specific Plan Amendment No. 6 and associated discretionary approvals address all potential environmental impacts. The Supplemental EIR finds that significant unavoidable air quality and noise impacts will result regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. SECTION 3. Approval of Amended Development Agreement. The City Council approves the First Amended and Restated Development Agreement between the City of Lake Elsinore and Laing. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Amended Development Agreement on behalf of the City of Lake Elsinore. SECTION 4. Repeal of Ordinance No. 956 and Termination of Original Agreement in Part. The City Council hereby repeals Ordinance No.. 956 and terminates the Original Agreement in all respects as to all real property not included as the approximately 706.25 acres of "Developer Property" as defined in the Amended Development Agreement. SECTION 5. Recordation. The City Clerk is directe<f to transmit the Amended Development Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this Ordinance. "...-. SECTION 6. Effective Date. This Ordinance shall be in full force and effective 30 days from and after the date of its passage. 3 AGENDA ITEM NO. .) ~ PAGE ~ OF &.f ORDINANCE NO. 1127 PAGE 4 SECTION 7. Posting and Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. """'" PASSED, UPON FIRST READING this 27th day of July, 2004, by the following vote: AYES: COUNCILMEMBERS: KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: HICKMAN, BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, UPON SECOND READING this lOth of August, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: \ ......" Thomas Buckley, Mayor City of Lake Elsinore ATTEST: Vicki Kasad, City Clerk (SEAL) . . APPROVED AS TO FORM: Barbara Leibold, City Attorney \ 4 AQENDA ITEM NO. $1- PAGE~OF'-f -...."I ",-. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: DICK W A TENP AUGH, CITY MANAGER DATE: AUGUST 24, 2004 SUBJECT: FIRE STATION/NAMING BACKGROUND The City of Lake Elsinore, through a development agreement with Pardee has funded the construction of a new Fire Station on Railroad Canyon Road. DISCUSSION ,,-...,. In discussion with Riverside County/CDF Fire Department, it has been stated that officially the new station will be listed as Station #94 but that the department does not have an official policy on naming fire stations. Generally, they leave the official naming of a site to the entity within which the facility is located. With this in mind, staff would suggest the City Council allow staff to move forward with a pubic letter to the community inviting them to suggest names for the new Fire Station. The City Council could appoint a Mayor's Committee to review the suggestions and make a recommendation to the City Council for their consideration. This would again encourage the community's input and participation through the City Council's policy of community involvement. FISCAL IMPACT The impact to the City's General Fund Budget would be only the staf:&time involved in preparing the public letter and assisting the Mayor's Committee in reviewing the submittals. ",..-... AOiSNOA naa NO. PIal 33 Of 2... RECOMMENDATION '--' It is recommended the Mayor and City Council: 1. Agree to receive public input (including the Developer, Pardee) on the naming of the new Fire Station; 2. The Mayor and Council appoint a Mayor's Committee to review suggested names; 3. Direct staff to prepare the necessary public letter requesting names for the new Station; 4. Request the Mayor's Committee select three names for the City Council's consideration in naming the new Fire Station. PREPARED BY: DICK WATENPAUGH, CITY MANAGER APPROVED FOR AGENDA BY: cIMlN~l~ '--' . '--' ~ lTEM NO" 3"3 PAClL 0$ 2- ,..... TO: CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL HONORABLE MAYOR AND COUNCIL MEMBERS FROM: RICHARD WATENPAUGH, CITY MANAGER DATE: AUGUST 24, 2004 SUBJECT: ALLOCATION TO LAKE ELSINORE MARINE SEARCH AND RESCUE (LEMSAR) FOR FY 2004-2005 BACKGROUND The Lake Elsinore Marine Search and Rescue (LEMSAR) is a non-profit organization that supports the Riverside County Sheriffs Lake Patrol in providing a safe boating environment on the Lake. LEMSAR members are considered to be the eyes & ears of the Lake. LEMSAR is composed of a group of volunteers that give generously of their time, talents and resources to further the cause of lake-safety. DISCUSSION LEMSAR is regularly called upon by the Sheriffs Lake Patrol to respond to boating accidents, vessels on fire and sinking boats. In addition, they monitor the marine radio, identify and independently respond to an enumerable number of stranded boaters each year. Lake Elsinore is a much safer lake to boat upon due to the watchfulness of LEMSAR. ,..... The Riverside County Sheriffs Department directs the activities of this organization, covers their workman's compensation insurance and insists on professionalism. The personal expenses for members of this non-profit group are considerable. Besides donating their time, each member funds out-of-pocket expenses for the required standardized equipment, fuel and replacement items. Last year the City of Lake Elsinore supported the volunteer activities of LEMSAR by allocating $5,000.00 to fund supplies and fuel for its members. The supplies purchased included personal flotation devices (work vest type), tow line and fire extinguishers. LEMSAR has nearly expended all oflast year's allocation by the City. FISCAL IMPACT The $5,000.00 allocation would be funded through the unallocated General Fund revenues. RECOMMENDATION . Approve funding ofLEMSAR in the amount of$5,000.00. PREPARED BY: Pat Kilroy, Director of Lake & Aquatic Resources ,-.... APPROVED FOR AGENDA LISTING: ~pJ~~ Richard J. Wa e paugh, City M ag ~Gft.i~ !1tA<< 00. :3 if PACE~OF I -- '-- ,.-.., CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: Mayor & City Council FROM: . Dick Watenpaugh, City Manager DATE: August 24, 2002 SUBJECT: League of California Cities Annual Conference - City Representatives BACKGROUND Annually the League of California Cities requires member cities to designate a Voting Delegate and Alternate for the Annual Conference; and requests that each city designate a flag bearer for the Opening Ceremony. DISCUSSION -. The City Council should appoint a Voting Delegate and an Alternate to represent the City of Lake Elsinore at the League Business Meeting to be held on Sunday, September 19th at 10:15 a.m., at the Long Beach Convention Center. Additionally, the City Council should designate a flag bearer for the Opening Ceremony to be held on Friday, September 17,2004 at 10:45 a.m. FISCAL IMPACT No fiscal impact. RECOMMENDATION It is recommended that the Mayor and City Council appoint a Voting Delegate and Alternate for the Annual Conference Business Meeting; and designate a flag bearer for the Opening Ceremony. PREPARED BY: 0& tJ ~ ,.-.., Vicki Kasad, CMC, City Clerk/Human Resources Director APPROVED FOR U .. ~ AGENDA LISTING: llj q Dick Watenpaugh, ity anager AGENDA ITEM NO. 35 PAOE I OF ~ . Headquarters 1400 K STREET '. SACRANIENTO, CA 95814 PH: (916) 658-8200 FX: (916) 658-8240 Southern California Office 602 East Huntington Dr., See. C Monrovia, CA 91016 PH: (626) 305-1315 FX: (626) 305-1345 ~ ~ ~F~ftSUl~ ~CITIES \\7\'\~V.C";CITi F.~.() P.C June 30, 2004 To: The Honorable Mayor and City Council From: Ron loveridge, league President, Mayor, Riverside Re: Designation of Voting Delegate for 2004 league Annual Conference The league's 2004 Annual Conference is scheduled for Fridav. September 17 throuqh Sunday. September 19 in lonq Beach. One very important aspect of the annual conference is the annual business meeting where the membership takes action on conference resolutions. Annual conference resolutions guide cities and the league in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Sunday, September 19, at 10:15 a.m. at the Long Beach Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the Annual Business Meeting. A voting card will be given to the city official that is designated and indicated on the enclosed "Voting Delegate Form." Please complete and return the enclosed form to the league's Sacramento office at the earliest possible time (not later than Friday, August 20, 2004), so that proper records may be established for the conference. The city's designated voting delegate may pick up the city's voting card at the Voting Card desk located in the league registration area. The Desk will be open on September 17,18, and 19. Voting cards should be picked up before the Annual Business Meeting on September 19. The voting procedures to be followed at this conference, are printed on the reverse side of this memo. . Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call1orraine Okabe at (916) 658-8236. ACEijOA i'1k;M NO. PACE ;J. ....." ....." ~ 3S OF3 ~ LEAGUE ~ OF CALIFORNIA CITIES ~ 2004 ANNUAL CONFERENCE VOTING DELEGATE FORM CITY: 1. VOTING DELEGATE: (Name) (Title) 2. VOTING ALTERNATE: ~ (Name) (Title) ATTEST: (Name) (Title) PLEASE COMPLETE AND RETURN TO: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 >> ". Fax: (916) 658-8240 ---- Deadline: Fridav. AUQust 20. 2004 G:\LEGISLTVlPOUCY\ACRES\04 Annual COllferencellctter, VoteDeI 04_doc ACENDA ITEM NO. 05 PAGE 3u oP- '5 ~ CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD 1. WATENPAUGH DATE: AUGUST 24, 2004 SUBJECT: MAINTENANCE VENDOR AGREEMENTS BACKGROUND The City of Lake Elsinore has been utilizing private vendors to assist with maintenance services throughout the City. Staff worked closely with the City Attorney's office to develop a standard agreement format to be used for all vendors who provide on-call, as needed based maintenance services to the City. Staff is ~ providing this report to City Council for their review and comment and to describe the process to qualify for placement on our Vendor List. DISCUSSION The City has established Maintenance Service Agreements with several private companies to supplement the work of our in-house staff. These agreements were necessary after staff evaluated services and identified those services most cost effective for contractors to handle. The evaluation of these services is ongoing and some services may sometime in the future be more cost effective to perform in- house. It is important to note that these agreements do not apply to Public Works projects that are bid out according to Public Works Contract Law. Work such as slurry seal application, asphalt street repair, and curb, gutter, and sidewalk repair are all formally bid and City Council awards a contract to the successful bidder. "........ Maintenance service contractors are found in two ways. Either by solicitation by the City (copy of solicitation letter is enclosed with this report) or by a Contractor contacting the City and asking to be placed on our vendor list. Contractors must meet specific minimum requirements established by the City to be placed on our ACeNDA rrEfI NO. 3~ PACE-L-Of J 7 "Vendors List." The minimal requirements to become a qualified contractor and be placed on our vendor list are as follows: "-' 1. Read, Agree, and Sign the City's Maintenance Service Agreement. 2. Provide Contractors License Status and License Information to the City. 3. Read and sign Certificate Regarding Workers Compensation Insurance. 4. Have a current City Business License on file. 5. Provide a Certificate of Insurance with Coverage requirements determined by the City. Once a contractor qualifies to be placed on our vendor list, work is awarded based on price and ability to meet a specific time line if applicable. Maintenance Service Agreements are currently in place for the following services: FISCAL IMPACT Com an Location Lake Elsinore Menifee Wildomar Lake Elsinore Lake Elsinore ~ Lake Elsinore Lake Elsinore Temecula Hemet Can on Lake Temecula Lake Elsinore Hemet Brea Riverside Contractor Com an Service One Services All Phase Lake Air D&S Electric Valle Electric MBC Morrow Plumbing Pestmasters Minnesan Pest S ecialties Clear Ima e Window Cleanin West Coast Window Cleanin Jeff Hauser Mobile Weldin Interstate Swee in Quest Environmental Ramse Backflow ~ All work is funded and kept within the budget limits set by the City Council approved maintenance operation budgets. ~ AGENOAITEM.NO...~... ., PAGE_. a~ ,......, RECOMMENDATION It is recommended that the City Council approve our Maintenance Service Agreement and approve our qualification process for maintenance servIce contractors used for services described in this report. PREPARED BY: :~j~L -- anager APPROVED BY: C-- avid Vi. Sapp, Director ommunity Services td:d1~rd APPROVED FOR AGENDA LISTING: ,...... . ,...... ACENDA iTEM NO. '3 Y, PACE; .'? ,or: 1:2: MAINTENANCE SERVICE AGREEMENT hereinafter referred to as CITY, AND THE CITY OF LAKE ELSINORE, hereinafter referred to as CONTRACTOR, hereby agree as follows: 1. The CONTRACTOR shall perform services in the PROJECT: nature of services for the City of Lake Elsinore. 2. The CONTRACTOR shall furnish own SCOPE OF SERVICES: tools, equipment, and vehicle at his own expense. 3. TIME FOR PERFORMANCE: The CONTRACTOR shall commence performance of requested services wi thin two business days of a request for services by the Public Works Manager. 4. TERM OF AGREEMENT: Due to the on-call, as needed basis of the services, the term of the contract shall apply to any future purchase orders. 5 . The contractor shall submit a work COMPENSATION: estimate for all work to be performed. The city must approve all work prior to performance of the work. Work will be compensated pursuant to the agreed amount on the city signed and approved estimate form. 6. The CONTRACTOR, its employees, agents, LICENSES: contractors, and subcontractor.s shall maintain professional licenses required by the laws of the State of California, and a City Business License at all times while performing services under the Agreement. ACENOA ITEM NO. PAeE if ~ ~ "'-' 3{;, OF /7 7. - _. - PERMITS AND RIGHTS OF ENTRY: The CITY will provide any and all necessary permit and rights of entry as required to perform the proposed services. The CONTRACTOR will prosecute the work in a manner to minimize inconvenience and any possible hazard to the City. 8. COMPENSATION INSURANCE: The CONTRACTOR WORKERS certifies that he is aware of the laws of the State of California requiring employers to be insured against liability for Workers Compensation and shall comply with such laws during the term of this Agreement. 9 . CONTRACTOR'S LIABILITY: The CONTRACTOR shall indemnify and hold the CITY, its officers, employees, and agents free and harmless from any liability whatsoever, including wrongful death, based or asserted upon act or omission the CONTRACTOR, its employees! of subcontractors, and agents relating to or in anyway connected with the accomplishment of the work or performance of service under this Agreement. As part of the foregoing indemni ty , the CONTRACTOR agrees to protect and defend at his own expense, including attorney fees, the CITY, its offices, agents, and employees in any legal action based upon any such alleged acts or omission. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE The CONTRACTOR shall furnish to the CITY and maintain during the life of the contract a public liability ACENDA ITEM NO. PACe 5" 3~ '- OF /7_ policy in which the CITY is named as an additional insured. ......" The policy shall also hold harmless the CITY, its officers, and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. The policy shall provide for not less than the following amounts: Insurance Coverage Requirements Limit Requirements Comprehensive General Liability Comprehensive Automobile Liability Contractual Liability $ 1,000,000 $ 1,000,000 $ 1,000,000 CONTRACTOR shall not commence work under this contract until all required insurance has been approved by the CITY. CONTRACTOR shall not allow any subcontractor to ......, commence work until all similar required insurance has been approved by the CITY. Insurance policies carried by the CONTRACTOR and Subcontractors shall bear an endorsement or shall have attached a rider providing that in the event of cancellation or proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail. 10 . WORK PRODUCT: Work shall be conltidered complete upon 11. 12. inspection and approval of the Public Works Department. TERMINATION: needed based notice. INDEPENDENT All work is performed as on-call, as service and may be terminated at a moments CONTRACTOR: CONTRACTOR and his agents, ...." ACENDA ITEM NO. "3 ~ PAGE (~ OF /':2. ,......, servants, and employees shall act at all times in an independent capacity during the term of this Agreement and in the performance of the services to be rendered hereunder, and shall not act as, and shall not be, and shall not in any manner be considered to be agents, officers, or employees of the CITY. 13. EMERGENCY SERVICES: The CONTRACTOR shall provide the CITY with at least two (2) forms of contact that can be called by CITY representatives when emergency maintenance conditions occur during hours when the CONTRACTOR I S normal work force is not present. The CITY shall call for such assistance only in the event of a genuine and substantial emergency. The CONTRACTOR ,-.., shall provide a maximum of one-hour personnel response time upon notification. 14. PERSONNEL ATTIRE AND EQUIPMENT: The CONTRACTOR shall require each of his employees to adhere to basic Public Works standards of working attire. These are basically uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. CONTRACTOR shall display the name of his firm on any . vehicles used by the CONTRACTOR I S employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a ~ distance to one-hundred (100) feet. ;,..A:NDA ITEM NO. PNJE J 3~ - or/.2 J 15. SPECIFICATIONS: Standard Specifications - The Standard Specifications of the City of Lake Elsinore are ~ contained in the 1998 Edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the joint Cooperative Committee of the Southern California Chapter of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher at the following address: BUILDING NEWS, INCORPORATED 1612 S. Clementine St. Anaheim, California 92802 Phone: (888) 264-2665 Other technical documents included by reference hereiI:l include the Riverside County Road Improvement Standards ~ and Specifications, latest edition, and the State of California Department of Transportation Traffic Manual and Manual of Traffic Controls for Construction and Maintenance Work Zones. The Standard Specifications set forth above will control the General Provisions, Construction Materials and Construction Methods for this contract except as amended by the plans, special provisions, technical specifications or other contract documents. >> 16. ASSIGNMENT: Neither this Agreement nor any part thereof shall be assigned by the CONTRACTOR without the prior written consent of the CITY. 17. NON-DISCRIMINATION: CONTRACTOR shall not discriminate "" P.'v;._;;,,~ ;t;M ~;). _1'. _,_ C:~ q Of /2 at its recruiting, hiring, promotion, demotion, or /""', termination practices on the basis of race, religious creed, color, national origin, physical ancestry, handicap, medical condition, marital status or sex in the performance of this contract, and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair EmplOYment Practices Act (commencing with Section 1410 of the Labor Code), and the Federal Civil Rights Act of 1964 (P.L. 88-352). Public Works Manager Date /"'" Contractor Date . /'"" AOEI.,.VA ITEM NO. PAGE 9 r~c-, _ Of /~ '" - DECLARATION REGARDING LICENSE STATUS I do hereby declare that our/my contractor's license is. ~ and expires on I declare under penalty of perjury that the foregoing is true and correct. Executed this day of 1 20_1 at 1 California. Signature Printed Name Title Signing on behalf of (if applicable) . ACl~DA rTEMNO. ~fAGE I () . ~ '.....,;tf 3(f? Of /? . ,-..., CITY OF LAKE ELSINORE CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION INSURANCE Section 3700 of the Labor Code provides in part as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: A) By being insured against liability to pay compensation with one or more insurers duly authorized to write compensation insurance in this state. B) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-'- insure and to pay any compensation that may become due to his employees..." ~, The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of this Contract. SIGNATURE DATE PRINTED NAME TITLE COMPANY ADDRESS (In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2 of the Labor Code, the abov~ Certificate must be signed by the Contractor and filed with the awarding body prior to the Contractor performing any work under this contract.) . ,......, M,,-,WW"^ -!":n:~:; 'iJ "3k vwt:;","~ I-i ....t't ), ,-J ~ - - ""'~ F~ / ( ,Or .1:.L-J City of La/(g tE,{sinore April 13, 2004 To Whom It May Concern: The City of Lake Elsinore is seeking qualified contractors to provide building repair and maintenance services for the Community Services Department. Services include, but are not limited to roofrepair, drywall repair, painting, carpet repair, window repair, minor cement work, minor construction and other similar services required for maintenance of City owned buildings and facilities. Contractors meeting the minimum requirements will be placed on a "Contractors List". When the Community Services Department has a repair or maintenance job requiring an outside contractor, contractors on the "Contractors List" will be notified and a bid for work will be requested. Work will be awarded based on price and ability to meet a specific time line if applicable. Interested parties are requested to hand-deliver the following documents to the Public Works office located at 521 N. Langstaff, Lake Elsinore, CA 92530. 1. Maintenance Service Agreement (attached) 2. Declaration Regarding License Status (attached) 3. Contractors Certificate Regarding Workers Compensation Insurance (attached) 4. Copy of City Business License 5. Certificate of Insurance Additional information is available by calling 909-674-5170. Sincerely, ~ William Payne Public Works Manager City of Lake Elsinore ......, '-II' ....., /' .'.. i 't). A.""" r "~3'SJ= -........ ... " '.' ,.l..l"'W ).".... "" ~<<:;;>"L...:.J'" . ~(i~.l':. J~\..:-._. ..,..-:::;-.3;: p ~(' -:"' / 2... '-.~ V"'A,~Y~ ~ -. - .-- ".,......, CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: CITY COUNCIL & REDEVELOPMENT AGENCY MEETING OF AUGUST 24, 2004 SUBJECT: DESIGN REVIEW NO. R 2004-04 FOR THE "RAMS GATE APARTMENT HOMES" BY FAIRFIELD DEVELOPMENT L.P. APPLICANT: DAVID WRIGHT, FAIRFIELD DEVELOPMENT L.P., 5510 MOREHOUSE DRIVE, SUITE 200, SAN DIEGO, CA 92121 OWNER: WILLIAM SHOPOFF, WHITE ROCK ACQUISITION, L.P., 114 PACIFICA, SUITE 245, IRVINE, CA 92618 LOCATION: SOUTH SIDE OF STATE HIGHWAY 74, APPROXIMA TEL Y ONE MILE EAST OF INTERSTATE 15, WITHIN THE RAMS GATE SPECIFIC PLAN - APN NOS. 377-370-008, 347-120-016 AND A PORTION OF -022 ---, REQUEST Approval to construct a 352-unit apartment complex, with leasing office, clubhouse and pool, and other ancillary buildings. The application is pursuant to the Ramsgate Specific Plan Third Revision and its Design Guidelines, as well as Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.28 (R-3 High Density Residential) and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND At their regular meeting of August 3, 2004, by unanimous vote of those present, the Planning Commission adopted Resolution No. 2004-114 approving Design Review No. R 2004-04, subject to revised Conditions of Approval. Copies of the Planning .Commission Minutes, Staff Report, and revised Conditions of Approval are att~ed. .., , No one from the audience wished to speak on the project, either in opposition or support. FISCAL IMPACTS ,. ",.-.., Residential development of this nature generates a negative fiscal impact to the City. However, the project has been conditioned to annex into Community Facilities District (CFD) No. 2003-1 3 AGCNDArrEM r '7 .. ~.. OF 7'8 REPORT TO CITY COUNCIL AUGUST 24, 2004 PAGE 2 OF4 SUBJECT: DESIGN REVIEW NO. R 2004-04 ......, and Lighting and Landscape Maintenance District (LLMD) No.1, to offset the annual negative fiscal impacts on public safety operations, and to offset the negative fiscal impacts on City maintained lighting and landscaping. ENVIRONMENTAL DETERMINATION Residential Project No. 2004-04 does not propose substantial changes to the Ramsgate Specific Plan, nor would any substantial changes to t4e Specific Plan result from the approval of this Design Review. No new significant environmental effects, nor an increase in the severity of previously identified significant effects, are anticipated. The Specific Plan and Final Environmental Impact Report (FEIR) that accompanies the Specific Plan were approved in 1984. Subsequently a Final Supplemental Environmental Impact Report was prepared in 1989, and Addendum Nos. 1 and 2 were prepared, as recently as 2003. Surrounding development that has occurred since then was identified in these documents. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that would require major revisions to the FEIR or related documents. No new information of substantial importance has come forward with respect to significant effects or alternative mitigation measures that have not been addressed in the Design Review. The applicant has complied with mitigation measures established for the Ramsgate Specific Plan Third Revision, including the -requirement for a noise study. A Noise Control Analysis was prepared by RBF Consulting dated April 14, 2004. Recommendations resulting from this study have been incorporated into the design of the project. ......, Therefore, in accordance with the California Environmental Quality Act (CEQA) and pursuant to Section 15162 -Subsequent EIRs and Negative Declarations, of said Act, the Planning Commission has determined that no further environmental documentation for Residential Project No. R 2004-04 is necessary. RECOMMENDATION It is recommended that City Council affirm the decision of the Planning Commission approving Design Review No. R 2004-04, based upon the following Findings and Exhibits 'B' through 'G,'and subject to the attached Revised Conditions of Approval. -. Findinf!s 1. The project, as conditioned and approved, will comply with the goals and objectives of the General Plan and the Ramsgate Specific Plan Third Revision in which the project is located. The Planning Commission has reviewed the project with these documents and finds that with conditions of approval these objectives have been met. """"" ACENDA ITEM NO. "3 7 PACE.. ~ OF 7y REPORT TO CITY COUNCIL AUGUST 24, 2004 PAGE 3 OF4 ~ SUBJECT: DESIGN REVIEW NO. R 2004-04 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code, and with standards and guidelines contained in the Ramsgate Specific Plan Third Revision and its Design Guidelines. The Planning Commission has reviewed the project with adjacent neighborhoods and finds that it complements their quality of construction, provides a pleasing use of color and materials, demonstrates a respect for privacy and views, and offers visually attractive landscaping and monument treatments. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. The Planning Commission has approved conditions regarding architectural design and landscaping. PREPARED BY: ,Donahoe, AICP, Planning Consultant APPROVED FOR AGENDA LISTING BY: Enforcement Manager REVIEWED BY: -, APPROVED BY: ATTACHMENTS: 1. 2. 3. 4. Conditions of Approval Minutes from the Planning Commission Meeting of August 3, 2004 Planning Commission Staff Report, August 3, 2004 ~ Exhibit 'B' - Site Plan, Title Page, Fire Access (Sheets AI, AO, A2) Exhibit 'e' - Preliminary Grading & Drainage Plan (Sheet CI) Exhibit 'D' - Preliminary Landscape Plans a. Landscape Site Plan b. Pool Area Plan c. Building Courtyard Plan d. Line of Sight Schematic e. Trellises f. Walls, Gate, Entry Monument g. Fixtures, Plant Legend (Sheet Ll) (Sheet L2) (Sheet L3) (Sheet L4) (Sheet L6) (Sheet L5) (Sheet L7) ~ , . fU-f.itIA ll:!M ptO. PACE~ 31.~~ Of C) '$ REPORT TO CITY COUNCIL AUGUST 24, 2004 PAGE40F4 SUBJECT: DESIGN REVIEW NO. R 2004-04 Exhibit <E' - Open Space, Clubhouse Exhibit <F' - Elevations a. Building Type I b. Building Types II & III c. Building Type IV Exhibit <G' - Floor Plans a. Building Type I (3 floors) b. Building Type III - Carriage Units c. Building Type IV - Autocourt Units Exhibit <H' - Reduced colored exhibits a. Landscape Site Plan b. Building Elevations - Front c. Building Elevations - Rear d. Building Types I, II & III Colors and Materials e. Building Type IV Colors and Materials (Sheets A3, A30, A31) (Sheets A4, A5,A6) (Sheets All) (Sheets A12, A13, A14, A32) (Sheets A7, A8, A9,AlO) (Sheets Al9 thru A24) (Sheets Al5 thru A18, A25 thru A29) (Additional Enclosures) . . "'-"" "'-"" ......, AGENDA ITEM NO. PAGE... Lj 37 OF 1fr >, ~, ATTACHMENT NO.1 CONDITIONS OFAPPROV AL ~ Revised by the Planning Commission, August 3, 2004 ~ . . AGENDA REM NO. PACE... 5 - 3'7 OF J1X CONDITIONS OF APPROV AI. FOR DESIGN REVIEW NO. R2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" ....." Revised by Planning Commission August 3, 2004 PLANNING DIVISION (N de: F ff!S listed in the Corxiitions if A pprr1U1l are the ~t tstUmte5 amilahle at the tim? if apprauJ. The extUt fee armmts Wll /;e rerierm:i at the tim? ifbuildingpemit issuarx:e am rrny /;e misal) 1. Design Review approval for Residential Project No. R 2004-04 will lapse and be void unless a building permit is issued within one (1) year of the approval date. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. 2. All site improvements shall be constructed as indicated on the approved site plan with any revisions as noted herein. Any other revisions to the approved site plan shall be subject to approval of the Community Development Director or his designee. J. The project shall not becohstructed in phases unless a phasing plan is first reviewed and approved by the Community Development Director and the Engineering Manager. 4. All site improvements shall be constructed as indicated on the approved building elevations on ....." file with the Gty for Design Review R 2004-04. Materials and colors depicted on the approved materials boards approved for R 2004-04 shall be used unless modified by the applicant and approved by the Community Development Director or designee. a. Building heights are limited to three-stories and a maximum 42 feet. 5. Applicant shall comply with all applicable Ramsgate Specific Plan Third Revision and Design Guidelines requirements and standards, or where they are silent, Gty Codes and Ordinances. 6. Applicant shall comply with all applicable Mitigation Monitoring Program measures imposed upon Tentative Tract Map No. 25479, as printed in Appendix "F" of Addendum No.2 to the Final Supplemental Environmental Impact Report for the Ramsgate Specific Plan. 7. The applicant shall comply with the mitigation measures of the Noise Control Analysis prepared by REF Consulting, dated April 14, 2004. · . 8. Applicant shall comply with all conditions of approval of the underlying Tentative Tract Map No. 25479 Revision No.2. a. A traffic signal shall be installed and be operational at the intersection of Street "A" and State Highway 74, prior to Certificate of Occupancy of the 176th apartment unit. Page 1 of 11 ....." AGENDA ITEM NO. PACe. _ ~ 3'7 OF '] :t- -, CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R2004-04 -MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Revised by Planning Commission August 3, 2004 9. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards, including payment of applicable -water and sewer connection fees. a. The applicant shall utilize recycled water for landscaping purposes, if available to the SIte. 10. The applicant shall comply with Conditions of Approval received from the Riverside County Fire Department dated July 27, 2004. 11. The applicant shall participate in the Police Department's Crime Prevention Through Environmental Design Program, with regards to proper lighting, natural surveillance, and graffiti reduction. - l~. The applicant shall provide, a, detailed Exterior Lighting Plan for review and approval by the Community Development Director or his designee prior to issuance of building permits. Such Plan shall indicate locations, fixture types with visual display, consistent with conceptual designs as noted in landscape plans on file with the Planning Department, and in compliance with Gty Codes. 13. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. The location of trailers is subject to review and approval by the Community Development Director or his designee. 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. 14. The applicant shall meet affordable housing requirements imposed upon the project by the Ramsgate Specific Plan, in accordance with the terms and conditions of the Development Agreement and Memorandum of Understanding executed by the Gty and the property owner. 15. Garages shall be constructed to provide a minimum of nine-feet-six-inches by nineteen-feet-six- inches (9'-6" x 19'-6") of interior clear space. >> >> 16. All theme walls are required to be coated with anti-graffiti paint. 17. Any interior retaining walls shall match perimeter stucco walls in color and style. _. 18. All signage, flags and banners shall be reviewed and approved by the Community Development Director or his designee. Page 2 of 11 AGENDA ITEM NO. 3 'I PACE' -7 OF 1-<9, CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" """ Revised by Planning Commission August 3, 2004 Prior to Issuance of Gnuling/Building Pennits 19. Prior to issuance of any precise grading permits or building pennits, the applicant shall sign and complete an <<Acknowledgment of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 20. Prior to issuance of a building pennit, the applicant shall merge the underlying parcels. 21. Applicant shall comply with all requirements of the Gty's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code Clapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the Gty Engineer. 22. These Conditions of Approval shall be reproduced. upon Page One of the Building Plans prior to their acceptance by the Building and Safety Division. 23. The building addresses shall be a minimum of four inches (4") high and shall be easily visible from the public right-of-way. Developer shall obtain street addresses for all project lots prior to issuance of building pennits. The addresses (in numerals at least four inches (4" high) shall be displayed near the entrance and be visible from the front of the unit. Care shall be taken to select colors and materials that contrast with building walls or trim. """ 24. Prior to Building Pennits the Construction Supervisor shall meet with Planning Division staff to review the Conditions of Approval. 25. Landscaping Plans and Irrigation Details for each plan shall be required, and a Cost Estimate shall be submitted for review and approval by the Gty's Landscape Architect Consultant and the Community Development Director or designee prior to issuance of building pennits. A Landscape Plan Cleck Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. Final landscape plan must be consistent with approved site plan. . b. Street tree species along State Route 74 and "A" Street shall be consistent within the Ramsgate Specific Plan. c. The design of the Ramsgate monumentation at the intersection of State Route 74 and" A" Street shall be consistent with the Ramsgate Specific Plan Third Revision and Design Guidelines. Plans shall be submitted for review and approval by the Page 3 of 11 .~ AGENDA ITEM No.3') Q ~; PA<E.. .. .0. OF ~ '"". CONDITIONS OF APPRO V AI.. FOR DESIGN REVIEW NO. R 2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Revised by Planning Commission August 3, 2004 Community Development Director. Installation including landscaping shall be completed prior to Certificate of Occupancy for the project. d. The use of the Hong Kong Orchid tree is subject to further review and approval by the City Landscape Architect. The applicant shall provide evidence that this specie survives in our climatic zone. e. All trellises above tandem parking spaces shall have plantings installed at a sufficient size to result in "instant" growth. f. All trees planted along State Highway 74 and along the boundary with the Community Park to screen carports from public view shall be installed at a sufficient size and canopy spread to result in "instant" growth. g. Planting within fifteen feet (15 ') of ingress/egress points shall be no higher than tlUrty- six-inches (36"). /,"" h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention shall be given to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering. 1. All exposed slopes in excess of three feet in height within the subject site shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Landscape Architect and Planning Division, prior to issuance of certificate of occupancy. 25. Under the provisions of SB 50, the applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permits. 26. All mechanical and electrical equipment on the building shall be ground mounted, unless properly screened by building parapet or other architectural features. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the. approval of the Community Development Director, prior to issuance of building permits. If the equipment is placed behind fencing, landscaping will not be required. Prior to Final Approval /'"', 27. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Page 4 of 11 AGENDA ITEM NO. PA(Z' - .CZ 31 OF.1~ CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Revised by Planning Commission August 3, 2004 Occupancy and release of utilities. 28. Prior to final approval, all wood fencing shall be painted or treated with a high-grade, solid body, penetrating stain approved by the Community Development Director or his designee. 29 . Prior to the issuance of any Certificate of Occupancy, the applicant shall annex into Community Facilities District No. 2003-1 and the Lighting and Landscape Maintenance District No. 1 for Gty-maintained street lights and landscaped areas. ENGINEERING DIVISION 30. Driveway entrance into the project shall be a minimum of forty (40) feet deep with no parking or turning conflicts. 3 L The property owner shall dedi<::.ate and improve full half-width right-of-way for Central Avenye (S.R 74) consistent with General Plan circulation requirements of 67-feet and 55-feet half-width street nnprovements. 32. The property owner shall dedicate full half-width right-of-way for Street 'A,' and construct full half-width street improvements. Dimension of the dedication shall be consistent with Ramsgate Specific Plan requirements. 33. Construct full half-width street improvements for Street 'A' Improvements shall be consistent with Ramsgate Specific Plan requirements. 34. Provide railing or wrought iron fencing on top of all perimeter retaining walls adjacent to parking, walking or driveway areas. Railing or wrought iron fencing shall be rated for pedestrian safety. 35. Provide compaction reports for all fill slopes. Soils report shall be provided to confirm slope stability with respect to structure surcharge. 36. All drainage shall be conveyed to the public right-of-way. . . 37. Provide detention for difference in storm run-off of the lOO-year storm between the developed and undeveloped storm water run-off. 38. Provide desiltation basin as a "first flush" measure for clean water run-off. Page 5 of 11 AGENDA ITEM NO. PA(E..tt< ......, ......, ---" 31 ()f.7<i ~ CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Revised by Planning Commission August 3, 2004 39. Comply with all conditions of underlying Tentative Tract Map No. 25479. 40. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMq prior to final map approval. 41. Underground water rights shall be dedicated to the Gty pursuant to the provisions of Section 16.52.030 (LEMq, and consistent with the Gty's agreement with the Elsinore Valley Municipal Water District. 42. Pay all Capital Improvement and Plan O1eck fees (LEMC 16.34, Resolution 85-26). 43. Submit a "Will Serve" letter to the Gty Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 44~ Constmct all public works improvements per "approv~d street plans (LEMe 12.04). Plans must be approved and signed by the Gty Engineer prior to final map approval (LEMC 16.34). /"', 45. Street improvement plans and specifications shall be prepared by a Calif. Registered Gvil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and GtyCodes (LEMC 12.04 and 16.34). 46. Applicant shall enter into an agreement with the Gty for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 47. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 48. Desirable design grade for local streets shall not exceed 9% unless otherwise approved by the Gty Engineer. 49. Intersecting streets shall meet at a maximum grade of 6 % with a minimum approach landing of fifty (50) feet in each direction. 50. Pay all fees and meet requirements of encroachment permit issu~d by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 51. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. ~. Page 6 of 11 AGENDA nEM No.3? " ME"." / I ()f 7% ",,' CONDITIONS OF APPROVAL FOR DESIGN REVIEWNO.R2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" '.....,;Jf Revised by Planning Commission August 3, 2004 52. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by Gty Engineer. 53. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading pennits. 54. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 55. Provide fire protection facilities as required in writing by Riverside County Fire. 56. Provide street lighting and show lighting improvements as part of street improvement plans as required by the Gty Engineer. 57. Developer shall annex to the Gty's Street Lighting and landscaping Maintenance District. 58. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 59. Applicant shall submit a traffic control plan showing all traffic control devices for the site for '.....,;Jf review and approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs. 60. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with Gty's ARC Info/GIS or developer to pay $300 per sheet for Gty digitizing. 61. All utilities except electrical over 12 kv shall be placed underground, as approved by the seIVing utility. 62. Apply and obtain a grading pennit with appropriate security prior to building pennit issuance. A grading plan signed and stamped by a Calif. Registered Gvil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the Gty Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading pennit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. · 63. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 64. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults Page 7 of 11 ~ AGENDA ITEM NO. S7 . "7: PPa_~ . C)f 7s1 ~, CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Revised by Planning Commission August 3, 2004 and/ or liquefaction zones present on-site, unless a study is already on file with the Gty that addresses the site. 65. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 66. Prior to commencement of grading operations, applicant to provide to the Gty with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the Gty Engineer. 67. Applicant to provide to the Gty a photographic baseline record of the condition of all proposed public Gty haul roads. In the event of damage to such roads, applicant shall pay full cost of- restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the Gty Engineer. 68. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property - owners by a letter of drainage acceptance or conveyed to a drainage easement. 69. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements. Drainage easements shall be kept free of buildings and obstructions. 70. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Gty Engineer. 71. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 72. Meet all requirements of LEMC 15.68 regarding floodplain management. 73. The applicant to provide FEMA elevation certificates prior to certificate of occupancies, if required by the Engineering Division. 74. Submit Hydrology and Hydraulic Reports for review and approval by Gty Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and! or erosion caused by development of site~ and diversion of drainage. 75. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. -- Page 8 of 11 AGENDA ITEM NO. 77_ PACE-I? ()f .~~. CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" '-' Revised by Planning Commission August 3, 2004 76. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the Gty Engineer. 77. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 78. Ten-year storm runoff should be contained within the curb and the lOa-year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 79. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 80. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 81. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. '-' 82. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 83. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 84. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 85. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. Page 9 of 11 - "-' AGENDA ITEM NO. 37 PACE i tJ.. . OF "'7$<' ~. CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R 2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" Revised by Planning Commission August 3, 2004 86. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of cUIVes). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 87. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 88. Developer to provide access to property uwners and utility agencies to property to the west of the parcel ineluding during construction. Deleted by the PlarIrling, Cormission, August 3, 2004 89. Applicant shall cause to be recorded a o;&R's with recordation of final map which pro>lides for im:vocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of aY lots subject to the approval of the Director of Olmmunity Development and the Gty Attorney. The CC&R's shaY enforce standards of building maintenance, participation. in landscape maintenance, prohibition of outside 'lehicle or material storage. ~. Deleted by the PlarIrling, Cormission, A u~t 3, 2004 90. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's . . . aSSOCiatIon or pnvate property owner. 91. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 92. If the CFD has not been fomied at building permit, then the developer shall enter into an agreement with the Gty to mitigation drainage impacts by payment of a Drainage Mitigation fee. Per recommendations of the Master Drainage Plan developed by RCFCD for the West End, the developer shall deposit $4,000 per acre. If a Drainage Assessment District is formed in the West End and that drainage fee is lower than the present fee, a partial refund will be returned. 93. All waste material, debris, vegetation and other rubbish generared during cleaning, demolition, clear and grubbing or other phases of the construction shall b(! disposed of at appropriate recyeling centers. The applicant should contract with CR&R Inc. for recyeling and storage container services, but the applicant may use the services of another recyeling vendor. Another recyeling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recyeling services and the recyeling material is either sold or donated to another vendor, the applicant shall supply proof of debris Page 10 of 11 "......... AGENDA ITEM NO. ,17 PACE_iS Of7~ CONDITIONS OF APPROVAL FOR DESIGN REVIEW NO. R2004-04 - MULTIPLE-FAMILY DEVELOPMENT FAIRFIELD COMMUNITIES "RAMSGATE APARTMENT HOMES" """'" Revised by Planning Commission August 3, 2004 disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 94. Deyeloper shall provide funding for the IT appropriation calculations of the assessment due to the increase in lots in the assessment district. Deleta:l by the Plarrning Cormissian, August 3, 2004 95. }\rrangements shaY be made bern"Cen the Gty and the applicant for fiscal impacts by the project prior to issuance of the first building pcnnit. The applicant shall participate in a Cost Rcco~.'Cry Program or make other arrangements with the aty to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in thc aty, including city v.ide improvements and facilities relating to fire and police protection and maintenance of roadways. Prior to the issuance if the first building pernit, the applicant shall annex into Comrmnity F aaJities Distria N a 2003-1 to cffset the annual ~i'le fiscal irrpads if the prrjea an pullU: safety cperations and rmintenance issues in the Gity. Prior to the issuance if the first building pernit, the applicant shall annex into L ifftting ani Larxlscape M ai:ntenance Distria N a 1 to cffset the annual ~'le fiscal irrpads if the prrjea an pullU: rifiPt-cfwzy """'" Iarxlscaped areas to be rrnintairni by the c~ and far strret lifiPts in the pullU: rifiPt-cfwzy far WJUh the city Wil pay far ek:tri.city and a rrnintenance fee to Satthem California E disan. Corm.ted by the Plarrning Omrrissian, August 3, 2004. 96. In accordance with the Oty'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. (End of Conditions - Fire Department Conditions of Approval attached). . Page 11 of 11 . """'" AGENDA ITEM No.3 7 PP4./G . OFjrg>" . (l ... _ _ _ .r '/27/04" . :22 Riverside County LMS CONDITIONS OF APPROVAu Page: 1 _llU 'l'"'''IUJ..~. .~.J l' PMT Pe rmi t No: _ Parcel: ~, 1 GENERAL CONDITIONS FIRE DEPARTMENT lO.FIRE. 1 PC-#Ol-RIV-RESPONSIBILITY DRAFT RAMS GATE It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The building permit number is required on all correspondence: (i.e. general contractor, superintendent, owner, subcontractors, etc). Any questions contact the Riverside County Fire Department, Planning and Engineering Section at 4080 Lemon St., 2nd fl, P.O. Box 1549, Riverside, Ca. 92502-1549. (909)-955-4777 FAX (909)-955-4886. 10.FIRE. 2 PC-#02- APPROVED SYSTEMS DRAFT ",--,. All of the following conditions titled "Prior to Final Inspection", and/or any type of fire suppression systems, must be approved, inspected and finaledby the Riverside County Fire Department, prior to Building and Safety'S final inspection_ The Fire Department letter of conditions, job card and approved plans must be at the job site for all inspections. lO.FIRE. 3 PC-#20-SUPER FIRE HYDP~~T DRA.FT Super fire hydrants(s) (6X4X 2 l/2X 2 1/2) 3hall be located ot less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. 10.FIRE. 4 PC-#25-GATE ENTRANCES DRAFT Gate entrances shall be at least two feet wider than the width of the traffic lane(s} serving that gate. . Any gate providing access from a road to a driveway shall be located at least 35 feet from the ~oadway and shall- open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. ~ AGENDA ITEM NO. g 7 . PACE/"J,OF 7~ 7/27/04 L: 22 Riverside County LM~ CONDITIONS OF APPROVAL .. '-'~illUJlJJ1""1. MT Permi t No: Parcel: . . - Ot: ':"/ 10. GENERAL CONDITIONS 10.FIRE. 5 PC-#03-ADDRESS AT CONSTRUCT During the construction of this project, the site address shall be clearly posted at the job site entrance. This will enable incominq emerqency eauiDment and the insoectors to locate the jOb-site from the assigned street location. Numbers shall be a minimum of 24 inches in height. 10.FIRE. 6 PC-#79-PROHIBITED H MATERIALS It is prohibited to use/process or store any material in this occupancy that would classify it as an "H" occupancy per the 1997 Uniform Building Code. 10.FIRE. 7 PC-#OOS-ROOFING MATERIAL All buildings shall be constructed with class liB" roofing material as per the California Building Code. 30. PRIOR TO BLDG PRMT ISSUANCE FIRE DEPARTMENT aO.FIRE. 4 PC-#17A-PLAN CHECK FEE Building plans have been reviewed, however: a separate plan check deposit base fee of $197.00, made payable to the Riverside County Fire Department in the form of a check or money order only, must be submitted to the Fire Department. (reference your building permit number) aO.FIRE. 5 PC-#4-WATER PLN~S pplicant and/or developer shall separately submit 2 sets of the water system plans to the Fire Department. Prior to Fire Department review and approval the water plans must be signed and approved by a registered Civil Engineer and/or the local water purveyor with the following statement: "I certify that the design of the water system is in accordance with the requirements. prescribed by the Riverside County Fire Department." Calculated velocities ~ shall not exceed 10 feet per second. Plans sQal1 conform to the fire hydrant types, location, spacing and the system shall meet the fire flow requirements. Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. (contact Fire Department for guideline handout for blue dot retroflectors). After mylars are signed by the AGENDA ITEM NO. PA<E... 1.51 r Page: 2 ~ DRAFT DRAFT DRAFT DRAFT ......." DRAFT ~i 37 " OF "77' . " '/27/04 _: 22 ~~..- Riverside County LM: CONDITIONS OF APPROVAL Page: 3 .~.- l.1. PMT Permit No: .-"", l PRIOR TO BLDG PRMT ISSUANCE 80.FIRE. 5 ~C-#4-WATER PLANS (cont.) DRAFT fire department and/or water purveyor 2 copies of the approved water system shall be returned to the Riverside County Fire Department before 2 building permit will be issued. 80.FIRE. 6 PC-#51-WATER CERTIFICATION DRAFT (May be subject to change) Applicant and/or developer shall be responsible to submit written certification from the water purveyor noting the location and type of existing fire hydrant and that the existing water system is capable of delivering1500 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system/hydrant(s) currently does not exist, the applicant and/or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. jO. PRIOR TO BLDG FINAL INSPECTION ~IRE DEPARTMENT ;;10 _ FIRE. 1 TIPC-#07-DESIGNATED AREAS DRAFT Existing fire lanes shall be maintained, additional fire lanes may be required. Contact fire department Ior guideline handout. 90.FIRE. 2 PC-#88A-AUTO/MAN GATES DRAFT Gate(s) shall be automatic or manual operated, minimum 24 feet in width. Gate access shall be shown on plans with a rapid entry system. Plans shall be submitted with current fee to the Fire Department for review and approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emersency backup power. Gates. activated by the rapid entry system shall remain open until closed by the rapid entry systems. (contact Fire Department for guideline handout) (current plan check deposit base fee is $126.00) -"" AGENDA ITEM NO.. PACE. - . .1CJ 32 OF 7<6 . _._-~ 07/27/G4 11:22 ~iverside County ~ CONDITIONS OF APPROVAL ..11.... ]l.iFL.~J~l~: PMT Permi t No: . Parcel: 90. PRIOR TO BLDG FINAL INSPECTION 90.FIRE. 3 .PC-#89-RAPID HAZMAT BOX Rapid entry system Hazardous Material data and key storage cabinet shall be installed on the outside of the building. Plans shall be submitted with current fee to the Riverside County Fire Department for review and approval prior to installation. (contact fire department for guideline handout) (current plan check deposit base fee is $126.00) The following information and item(s) (master key, etc.) shall be placed inside the rapid entry system. An engineers scale building footprint drawing which will include an "indexed" plan view of the racks with the locations of any special hazards, chemicals, products, etc. must be included on this plan. 90.FIRE. 4 PC-#12A-SPRINKLER SYSTEM Install a complete commercial fire sprinkler system (per NFPA 13, 1999 Edition- 13D and 13R systems are not allowed) in all buildings requiring a' fire flowot1500 GPM Or . ~ u -~greater. Sprinkler system(s) with pipe sizes in excess of ~4n in diameter will require the Project Structural ~ . Engineer to certify (wet signature) the stability of the \1J/t. 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 a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. Plans must be submitted in triplicate with current fee to the Fire Department for review and approval prior to installation. Permit number, name of business or project must be on the plans by the job site address. (current sprinkler deposit ~ lZ..:e:; ,is $307.00 per riser) ~~ Applicant/developer shall be responsible to install a U.L. >' Central Station Monitored Fire Alarm Syst~m. Monitoring system shall monitor the fire sprinkler system(s) water flow, P.I.V.ls and all control valves. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. (contact Fire Department for guideline handout) (current monitoring deposit base fee is $192.00) AGENDA ITEM NO. PACE. aO Page: 4 ~ DRAFT DRAFT ".", . ....." ~7 OF 7$ r/27/04 .: 22 Riverside County LM: Page: 5 CONDITIONS OF APPROVAL ....1.11. __I Lr L~ Lot J.]~ PMT Permit No: Parcel: ",..... , S PRIOR TO BLDG FINAL INSPECTION 90.FIRE. 5 PC-#45-FIRE LANES DRAFT Applicant/developer shall prepare a site plan designating required fire lanes with appropriate lane paintings and/or ~igns" Plans must be submitted to t-he Fire Department fer review and approval. contact Fire Department for guideline handou t ) 90.FIRE. 6 PC-#012-EMERGENCY EVAC PLAN DRAFT Applicant must submit an emergency evacuation plan to the Fire Department for review and approval prior to installation. Evacuation Plan must be posted in the building at locations approved by the Fire Department. (contact Fire Department for guidelines) 90.FIRE. 7 PC-#014-DISPLAY ADDRESS DRAFT ~, Display street numbers in a prominent location on the address side of building(s) and rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height, aild24 tI ih height for building(s) exceeding 25' in height. In strip centers, a minimum of 6" lettering in height shall be posted with business name and suite number on back doors as well as the front. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be \,isible from street at all hours. (all leeeering shall be to Architectual Standards) " " ~ AGENDA ITEM NO. ~...(~L ?7 ()J= ./<1 .....; ATTACHMENT NO.2 EXCERPTED MINUTES FROM THEPLANNIN6 COMMISSION August 3, 2004 ~ >> >> . """" AGENDA ITEM NO. 3 J- ~Q ~;. PAOE~'.. Of /$ PAGE 5 - PLANNINGCDMMISSIONMINUTES' - AUGUST 03,2004 ~, Cbairman LaPere stated "Yes". Mr. Hauser stated that he just received the Staff Report on Monday night, and has not had the time to go through all of the Qmditions. Deputy Gty Anomey Miles suggested to listen to the applicant and Staff's issues, and then have the PlanningO>mmission make a decision. Cbairman LaPere requested that the applicant go over all of the Cbnditions that he does not agree to. Mr. Hauser stated that he has concerns with Cbnditions No. 19,20,29,41,42,45,50,51,52,53, and 54. Cbairman LaPere requested for the Cormnissioners comments. V~ce ClIainnan O'Neal stated that he doesn't have any problems with the Zone ClIange, however, indicated that he could not approve the CUP, as it is incomplete. COmmissioner Larimer stated that she has many issues with this project, to. include the fencing, and landscaping. r--, Cbairman LaPere stated that he too has many issues with this project to include the fencing. He indicated that this project is visible from the Freeway and landscaping is necessary. He suggested that the applicant and Staff work out their differences. He noted that there hasn't been any mention of a sign. Mr. Hauser stated that their isn't' a signage program proposed at this time. After a lengthy discussion over all issues, it was determined that the project be Cbntinued to the next regular Planning Cormnission. 'l< There being no further comments by the Cbrmnission or applicant, Cl1airman LaPere closed the Public Hearing at 6:48 PM and requested a Motion to have the project continued. MOVED BY O'NEAL, SECOND BY LARIMER TO HAW: ZONE CHANGE NO. 200+ 10, AND CONDITIONAL USE PERMIT NO. 2004-16 CONTINUED TO AUGUST 17,2004 REGULAR PLANNING COMMISSION MEETING. ,......., BUSINESS ITEMS ~ 5. Design Review No. R 2004-04 for the Ramsgate Apartment Homes AGENDA ITEM NO.. 6 I ~.'- d3 ()f. 7~~ PAGE 6 - PLANNING CDMMISSIONMINUfES - AUGUST 03,2004 "-'" Cl1ainnan LaPere requested the reading of the Staff Report. Director of Conununity.Development Brady indicated that this project is a Design Review of an apartment complex located within the Ramsgate Specific Plan, and requested Planning Consultant Donahoe to review it with the Conunission. Planning Consultant Donahoe stated that this is a request for apartment complex consisting of 352 apartment homes, with a leasing office and clubhouse and pool, and other ancillary buildings. She stated that the project is located on the south side of State Highway 74, approximately one mile east of Interstate 15 within the Ramsgate Specific Plan. She indicated that the units are contained in , fourteen structures that vary in four sizes and floor plans. She stated that the project would provide a total of 691 parking spaces, 362 covered and 329 uncovered, which meets and exceeds Zoning Code requirements because only 352 spaces needed to be covered. Planning Consultant Donahoe indicated that the complex includes a recreation clubhouse and leasing office of approximately 5,000 square feet, adjacent to a pool and spa. She noted that two other recreation areas provide barbecues and a tot lot, in landscaped open space totaling 6.7 acres. She indicated that six courtyard entries with seating areas and landscaping and a mail kiosk round out the amenities in the project. Planning Consultant Donahoe stated that Conditions No. 88, 89, & 94 are to be deleted, as they do not apply to this project. She noted that Staff recommends that the Planning Conunission approve "-'" and adopt a Resolution based on the Findings, Exhibits and is subject to the Conditions of Approval. She commented that the applicant and his development team members were available to answer any questions that the conunission may have. . Cl1ainnan LaPere requested that the applicant approach the podium. Mr. Ed McCoy, 5510 Morehouse Drive, San Diego with.Fairfield Residential. He stated that it has been a pleasure to work with Staff, and is looking forward to working with the Gty. He indicated that he has read and agrees to the Conditions of Approval to include Conditions 88, 89 & 94 that have been deleted. '" Cl1ainnan LaPere stated that there are no requests to speak, and therefore brought the discussion back to the table for conunents. . Conunissioner Larimer st~ted that who ever put the. packets together.did a great job, as she had all the infoflnation available...She asked the applicant what made this project unique in Lake Elsinore. Mr. McCoy indicated that Fairfield products could st~d up to any multifamily product in the nation as one of the highest en~ luxury conununities that could possibly come to the city. Conunissioner Larimer specified that when she meant unique, she meant from their other projects that would make it unique to Lake Elsinore. .....,., AGENDA ITEM NO. 31 I ,"/u ~; PA<E. .'(r". OF 7<3 PAGE 7 - PLANNING CDMMISSION MINlITES - AUGUST 03,2004 ,.....,. Mr. McCoy stated that the tandem space would be enhanced more than elsewhere and that this is the first U.shaped product that they have used in the Inland Empire. Commissioner Larimer asked if the mail kiosk was well lit. Mr. McCoy indicated "Yes". Commissioner Larimer noted that the window design at the clubhouse could be enhanced. She requested that the monument sign be well lit, possibly having a waterfall, or something to really make it stand out. She indicated that this would be the first project into Ramsgate and would like to set high standards. She had no further comments. Commissioner O'Neal stated that drawings are fabulous and it looks like it is a wonderful apartment complex, and would be a handsome addition to Lake Elsinore. He wished the applicant luck with the project. Chainnan LaPere asked at what entrance is the momunental sign. Planning Consultant stated that the monument sign that is in discussion is off" A" Street. She stated that the monument signs have not been designed yet, however) and Staff and the applicant could work out a design to inClude the recommendations noted at tonight's meeting. ~ Chainnan LaPere stated that he hopes that it is taken into serious consideration to have a monument sign to include water, as it would draw attention to dut location, and set it apart from other projeCts. He indicated that the project is well put together. He had no further comments. Commissioner Larimer requested that the words "Lake Elsinore" be incorporated into the monument sign somewhere. She also requested that once the project has been complete, that the tenants treated with respect. She indicated that she made a visit to one of the applicants other completed projeets nearby and was treated with disrespect. She stated that customer seIVice is very important, and hopes that the citizens of Lake Elsinore are treated fairly. '1' Chainnan LaPere concurred with Commission Larimer comments on the importance of customer seIVice. He had 'no further comments. There being.no further comments, Chainnan LaPere requested the reading of the Resolution. MOVED BY O'NEAL, SECONDED BY LARIMER AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-114, A RESOLUTION OF THE PLANNING COMMISSION OF THE an OF LAKE ELSINORE, CALIFORNIA, APPROVING DESIGN REVIEW FOR A MULTIPLE-FAMILY RESIDENTIAL PROJECT NO. R 2004-04, FOR LEASING OFFICE, CLUBHOUSE WITH POOL, AND PLAN, L<XATED ON THE SOUTH SIDE OF STATED HIGHWAY 74, APPROXIMATELY ONE MILE EAST OF ~ INTERSTATE 15, AND IDENTIFIED AS APN 377-373-008, 347-120-016 AND A PORTION OF -022 TO INCLUDE MODIFICATIONS TO THE CONDITIONS OF APPROVAL. AGENDA ITEM NO. 17. ~.,~S. OF "n ATTACHMENT NO.3 PLANNING COMMISSION STAFF REPORT August 3, 2004 . . """'" """'" ....." ACENOA ITEM NO. 37 . ~...J(P. C)f.7g < ,,-..., PLANNING COMMISSION STAFF REPORT City of Lake Elsinore Planning Divij ion 130 S_ Mm SUre! W<c Elsinore, CA 92530 (909) 674-3124 (909) 471-1419 bx It ;'.' r: ", '-"_,~;"',~:;":~~):~J.,:~c~:..\' -;;'~~"~;:',;'.,,,;,'>:. ", ~ T", 'j".,'c"," ---.-11 ,'" .-. ~,;;'-~~ '.:'; -. ' I I DATE: August 3, 2004 TO: Chairman and Members of the Planning Commission FROM: Robert A Brady, Community Development Director PREPARED BY: Carole K. Donahoe, AICP, Planning Consultant PROJECT TITLE: Design Review No. R 2004-04 for the "Ramsgate Apartment HOInes" - ~ APPLICANT: David Wright, Fairfield Development L.P., 5510 Morehouse Drive, Suite 200, San Diego, CA 92121 OWNER: William Shopoff, White Rock Acquisition, L.P., 114 Pacifica, Suite 245, Irvine, CA 92618 PROJECT REQUEST: The applicant requests approval to construct 352 apartment homes, with leasing office, clubhouse and pool, and other ancillary buildings. The application is pursuant to the Rarnsgate Specific Plan Third Revision and its Design Guidelines, as well as Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.28 (R-3 High Density Residential) and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMq. PROJECT LOCATION: . . The proposed project is located on the south side of State Highway 74, - approximately one mile east of Interstate 15, within the Rarnsgate Specific Plan (Assessor's Parcel Nos. 377-370-008,347-120- 016 and a portion of -022). ~~ AGENDA ITEM NO. ',~ 7 PIa-a] OF"/f1" PLANNING COMMISSION STAFF REPORT AUGUST 3, 2004 PAGE 2 of 6 ....., PROJECT TITLE: DESIGN REVIEW NO. R 2004-04 ENVIRONMENTAL SETTING: Project Site North EXISTING LAND USE Vacant SR74, scattered residential Vacant Vacant Residential ZONING GENERAL PLAN South East West Rams ate S ecific Plan County Business Park Rams ate S ecific Plan Rams ate S ecific Plan Low Medium Density Residential (6 duJ ac PROJECT BACKGROUND: In August 2003, the Gty Council approved a series of tentative tract maps along the west side of the Ramsgate Specific Plan. One such map, Tentative Tract Map No. 25479, parceled an area adjacent to State Highway 74 forthe development of up to 421 apartments, between the commercial center - tathe I10rtheast arid the coinfuuhitypafk to the south, in accordance with the Ramsgate Specific Plan 1bird Revision. ....., PROJECT DESCRIPTION: Fairfield Development proposes to construct 352 dwelling units on approximately 17.22 acres. These units are contained in fourteen (14) structures that vary in four sizes and floor plans. The individual units themselves, vary from one bedroom, two bedroom and three bedroom units. All fourteen structures are three-story, with enclosed garages on the first floor, some providing direct access from a garage into an individual unit. Other covered parking is offered under catports, and uncovered spaces are situated throughout. The complex includes a recreation clubhouse and leasing office of approximately 5,000 square feet, adjacent to a pool and spa. Two other recreation areas provide barbecues and a tot lot, in landscaped open space totaling 6] acres. Six courtyard entries with seating area and landscaping and a mail kiosk round out the amenities in the project. ANAL YSIS ~ Compliance with Specific Plan Standards and Design Guidelines At a density of 20.44 dwelling units per acre, this project is well under the maximum of 27.2 allowed in the Ramsgate Specific Plan. The buildings cover only 4.20 acres, or 24% of the site, whereas the Specific Plan allows up to 60% coverage. The project meets or exceeds all other requirements, such as separation of buildings, public and private open space square footage, handicapped accessible units, and project amenities. -~ AGENDA ITEM NO. '3 7- . PACE -~~r J)F. n .'. PLANNING COMMISSION STAFF REPORT AUGUST 3, 2004 ,-,.., PAGE 3 of 6 PROJECT TITLE: DESIGN REVIEW NO. R2004-04 Building Height The Ramsgate Specific Plan calls for building heights of "three-stories not to exceed 35 feet maximum." Building Type IV (Autocourt) exceeds 35 feet in some areas, to a height of 42 feet measured from finished grade (See Exhibit 'F.c.,' Sheets Al2 and A13). However, Staff had been working with the applicant's architect, to achieve a varied roofline for this building that was in scale with its massive size. A 42-foot high middle section resulted from the redesign. Staff supports the applicant's request for approval of this design, and the Specific Plan allows the Commission such latitude "if the developer can show how the project will better serve the public interest." Access and Circulation The project takes access from Street" A," a loop street off State Highway 74, that connects to Rosetta Canyon Drive (formerly Ramsgate Drive). This main entry was designed with added width to qualify as dual access. However, the project also has an emergency access gate at the southeast comer that provides another emergency access point from the proposed Community Park parking lot. The applicant worked with the Riverside County Fire Department to achieve proper circulation .. --design that would accommodate fire apparatus turning movements (See Exhibit 'B,' Sheet A2), as well as building design and siting to ensure accessibility for fire-fighting. "......, Tandem Parking Spaces The project provides a total of 691 parking spaces, 362 covered and 329 uncovered, which meets and exceeds Zoning Code requirements because only 352 spaces needed to be covered. The project also exceeds the requirements for handicapped accessible spaces. However, roughly a third of the uncovered spaces are tandem spaces, located in front of the garage spaces of Building Types I and III. At the request of Staff, the architect added landscaped trellises to the fronts of these structures, for architectural interest and to soften the view of vehicles against the building (See Exhibit 'D.e.,' Sheet L-6). The Specific Plan and Zoning Code are silent with regard to the use of tandem spaces in multiple family projects. However, Staff believes that they are acceptable in this project, given appropriate design, landscape treatment and accessibility to tenants. Carport Design and Line of Sight from Highway 74 The project proposes two types of carports. Where they are visible from public view along the project periphery, the carports have hipped rooflines that matchup to building rooflines. Where they are adjacent to buildings, the roofline is flat, with a low profile that minimizes visual impact and disruption of views looking into the buildings, as well as looking out from them. Staff worked with the applicant's architect and landscape architect to provide a buffered line of sight from State Highway 74 (Exhibit 'D.d.,' See Sheet L-4) and from the Community Park adjacent to the southeast. A 6O-foot landscaped setback from the highway, and nearly 50-foot landscaped setback from the park offer ample opportunity for screening of carports, with the planting of trees of substantial size and canopy width. Condition of Approval # 23f. addresses this requirement for screening, ,-..., AGENDA ITEM NO. 3"7. PIa... dr. ()f'7fr .,' PLANNING COMMISSION STAFF REPORT AUGUST 3,2004 PAGE 4 of 6 PROJECT TITLE: DESIGN REVIEW NO. R 2004-04 ......." Affordable Housing Requirement The Ramsgate Specific Plan requires that the apartment project provide units that meet affordable housing criteria. However, the developer has chosen to pay the appropriate fee in lieu of providing affordable units onsite, in accordance with the Memorandum of Understanding executed by the Gty and the property owner. ENVIRONMENTAL DETERMINATION Resident Project No. 2004-04 does not propose substantial changes to the Specific Plan, nor would any substantial changes to the Ramsgate Specific Plan Third Revision result from the approval of this Design Review. No new significant environmental effects, nor an increase in the severity of previously identified significant effects are anticipated. The Specific Plan and Final Environmental Impact Report (FEIR) that accompanies the Specific Plan were approved in 1984. Subsequently a Final Supplemental Environmental Impact Report was prepared in 1989, and Addendum Nos. 1 and 2 were prepared, as recently as 2003. Surrounding '-If! development that has occurred since then was identified in these documents. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that would require major revisions to the FEIR or related documents. No new information of substantial importance has come forward with respect to significant effects or alternative mitigation measures that have not been addressed in the Design Review. The applicant has complied with mitigation measures established for the Ramsgate Specific Plan Third Revision, including the requirement for a noise study. A Noise Control Analysis was prepared by REF Consulting dated April 14, 2004. Recommendations resulting from this study have been incorporated into the design of the project. Therefore, in accordance with the California Environmental Quality Act (CEQA) and pursuant to Section 15162 - Subsequent EIRs and Negative Declarations, of said act, staff has determined that no further environmental documentation for Design Review ResideIttial Project No. R 2004-04 is ~ necessary. ......." AGENDA ITEM NO.. ~ -7 . PA<E...30. OF "7?J .~ PLANNING COMMISSION STAFF REPORT AUGUST 3, 2004 r"'. PAGE 5 of 6 PROJECT TITLE: DESIGN REVIEW NO. R2004-04 STAFF'S RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 2004 - _' approving Design Review No. R 2004-04, based on the following Findings and Exhibits 'B' through 'G,' and subject to the Conditions of Approval for Design Review No. R 2004-04. Findings 1. The project, as conditioned and approved, will comply with the goals and objectives of the General Plan and the Ramsgate Specific Plan Third Revision in which the project is located. Staff has reviewed the project with these documents and find that with conditions these objectives have been met. 2. . The project complies withthedesign.directives contained.inSection 17.82.060 and all other applicable provisions of the Municipal Code, and with standards and guidelines contained in the Ramsgate Specific Plan Third Revision and its Design Guidelines. Staff has reviewed the project with adjacent neighborhoods and finds that it complements their quality of construction, provides a pleasing use of color and materials, demonstrates a respect for privacy and views, and offers visually attractive landscaping and monument treatments. ----I 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Staff has recommended conditions regarding architectural design and landscaping. PREPARED BY: Carole K. Donahoe, AIry, Planning Consultant REVIEWED BY: APPROVED BY: . de Enforcement Manager ~ AGENDA ITEM NO. 3 '7 Pla3! ..Of-~ PLANNING COMMISSION STAFF REPORT AUGUST 3, 2004 PAGE 6 of 6 PROJECT TITLE: DESIGN REVIEW NO. R2004-04 "-'" 9. Exhibit 'A' - Vicinity Map Resolution for Design Review R 2004-04 a. Conditions of Approval Exhibit 'B' - Site Plan, TItle Page, Fire Access (Sheets AI, AO, A2) Exhibit 'e - Preliminary Grading & Drainage Plan (Sheet Cl) Exhibit 'D' - Preliminary Landscape Plans a. Landscape Site Plan b. Pool Area Plan c. Building Courtyard Plan d. Line of Sight Schematic e. Trellises f. Walls, Gate, Entry Monument g. Fixtures, Plant Legend Exhbit 'E' - Open Space, Oubhouse Exhibit 'F' - Elevations a. Building Type I b. Building Types II & III c. Building Type IV Exhibit 'G' - Floor Plans a. Building Type I (3 floors) b. Building Type III - Carriage Units c. Building Type IV - Autocourt Units Exhbit 'I-f - Reduced colored exhibits a. Landscape Site Plan b. Building Elevations - Front c. Building Elevations - Rear d. Building Types I, II & III Colors and Materials e. Building Type IV Colors and Materials Attachments: 1. 2. 3. 4. 5. 6. 7. 8. (Sheet Ll) (Sheet L2) (Sheet LJ) (Sheet L4) (Sheet L6) (Sheet LS) (Sheet U) (Sheets AJ, AJO,AJ1) ......" (Sheets A4, AS,A6) (Sheets All) (Sheets A12, AU, A14, AJ2) (Sheets Al, A8, A9,AI0) (Sheets A19 thru A24) (Sheets A15 thru A18, A25 thru A29) (Additional Enclosures) " - "-'" AGENDA ITEM No.3 7 PACE- J~ - . OF _ j9{ VICINITY MAP DESIGN REVIEW FOR R 2004-04 "RAMSGATE APARTMENT HOMES" ~ APN 377-373-008, 347-120-016 AND A PORTION OF 347-120-022 -- J~ PLANNING COMMISSION MEETING AUGUST 3, 2004 l . . 1- __', ,._~~po. 3'] n~," ;t( rJ ~ HI1 l!.': -.. .~.~... ~)11-' Ct' '..~ L __?Jos ~ (!II...._ RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING' DESIGN REVIEW FOR A MULTIPLE- FAMILY RESIDENTIAL PROJECT NO. R 2004-04, FOR THE CONSTRUCTION OF 352 APARTMENT UNITS, LEASING OFFICE, CLUBHOUSE WITH POOL, AND ANCILLARY BUILDINGS, IN THE RAMS GATE SPECIFIC PLAN, LOCATED ON THE SOUTH SIDE OF STATE HIGHWAY 74, APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, AND IDENTIFIED AS ASSESSOR'S PARCEL NOS. 377-373-008, 347-120-016 AND A PORTION OF -022. ......., WHEREAS, an application has been filed with the City of Lake Elsinore by F. F. Development, LP, requesting Design Review for a multiple-family residential project No. R 2004-04 approval of 352 apartments pursuant to the Ramsgate Specific Plan Third Revision and its Design Guidelines, as well as Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.28 (R-3 High Density Residential) and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Gode; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Design Review requests for Residential Projects; and "'-" WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August 3, 2004; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed design for the project which entails construction of 352 apartment units and ancillary buildings, and has found it acceptable. SECTION 2. Environmental Determination. . . 1. Resident Project No. 2004-04 does not propose substantial changes to the Specific Plan, nor would any substantial changes to the Ramsgate Specific Plan Third Revision result from the approval of this. Design Review. No new significant environmental effects, nor an increase in the severity of previously identified significant effects are anticipated. ""!wtJ' AGENDA ITEM NO. 3 7. r:;}, J ~ .!' PA<EJ-r". OF /0" ."" RESOLUTION NO. 2004- AUGUST 3, 2004 PAGE 2 OF 3 2. The Specific Plan and Final Environmental Impact Report (FEIR) that accompanies the Specific Plan were approved in 1984. Subsequently a Final Supplemental Environmental Impact Report was prepared in 1989, and Addendum Nos. 1 and 2 were prepared, as recently as 2003. Surrounding development that has occurred since then was identified in these documents. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that would require major revisions to the FEIR or related documents. 3. No new information of substantial importance has come forward with respect to significant effects or alternative mitigation measures that have not been addressed in the Design Review. 4. Therefore, in accordance with the California Environmental Quality Act (CEQA) and pursuant to Section 15162 - Subsequent EIRs and Negative Declarations, of said act, staff has determined that no further environmental documentation for Design Review Residential Project No. R 2004-04 is necessary. ",..--, SECTION 3. That in accordance with Chapter 17.82 the following findings for the approval of Design Review Residential Project No. R 2004-04 have been made as follows: 1. The project, as conditioned and approved, will comply with the goals and objectives of the General Plan and the Ramsgate Specific Plan Third Revision in which the project is located. Staff has reviewed the project with these documents and find that with conditions these objectives have been met. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code, and with standards and guidelines contained in the Ramsgate Specific Plan Third Revision and its Design Guidelines. Staff has reviewed the project with adjacent neighborhoods and finds that it complements their quality of construction, provides a pleasing use of color and materials, demonstrates a respect for privacy and ~itms, and offers visually attractive landscaping and monument treatments. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval ofthe subject project to ensure development of the property in -- AGENDA ITEM NO.. 3 7 . PACE... :? S . OF '=j'j ., RESOLUTION NO. 2004- AUGUST 3, 2004 PAGE 30F3 ....." accordance with the objectives of this Chapter and the planning district in which the site is located. Staff has recommended conditions regarding architectural design and landscaping. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Design Review of a Multiple- Family Residential Project No. R 2004-04, subject to the attached Conditions of Approval (Nos. I through 96). Ron LaPere, Chairman Lake Elsinore Planning Commission ......., I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on August 3, 2004, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: . . ATTEST: Robert A. Brady, Secretary to the Planning Commission '-' AGENDA ITEM NO. 37 . PA<E.3~. . OF )<J? ,,' ~)1 g-""; 't 'I () ~CJ Il........ ~. II ~ I ~. io ~\) ~~ U'h ", II ~'"'"> i:<..., ~4 ~r- to -----, t):::. ~::o ~(") ~:t l\1- ~ n;:-i ~ ~(") j~ ~O ~"-h ~~ ~<: ~ '" ~G) ~rn r-- ~ ~ PJ (I) ~ o ::0 !T1 i? r-- ~ ~ }; ~ ~ C/) ~ ~ o o s: s: m :II o 'j; r \., ~ -< o :011 mr "U r- )> Z Z - z G> o m "1J rl '. (..., c: r- N " ..,.., ~ = = -- ~..:: I -.- ! -i -.., :=~ ; ::: I ~ ,=.1 un i !(I) I~ I I~ i~ I~ --=- ! .u. ! -~ ; ; -=:2--'1 ~~m~! . ., . . ~ ~ ii1 ~ ~ ! ~~ i:z:;. '~i 'U I , EB I~ ~~I~II ~ ~ ""-<t". I'" ~' ~ II." I II ~ ~ ::t ~:di -< m !~i~ ~ (,1 ~ I I ! !lJl O@ 1 i ! 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LL r===-~ !~ ; I i I I "".------r !I: ; i "--i----i.- f ; )6"-'- ~___l2:~j t~----~------:"~ - - _________ o A -~ T ! l7 fo:. ! . i~ i " i I it: 1" i~ ;.., !.. ! !~ I ! i i I ; i ""0 i r- I > '- ! z c:: Z r-- Z N G> CJ /'J = m <::) "'U -- :-{ ATTACHMENT NO.4 PROJECT EXHIBITS (Enclosures) v ......., . . '-" AGENDA ITEM NO. 37 1.0' ~., PAGE_?~ ()f /0. .,.... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYORANDCITYCOUNC~ FROM: RICHARD 1. WATENPAUGH, CITY MANAGER DATE: AUGUST 24, 2004 SUBJECT: ~ALSHELTER1PA BACKGROUND During the past five (5) years the City of Lake Elsinore has been participating (as a client City of Animal Friends of the Valleys [AFV]) in discussions regarding the construction of a new southwest animal shelter. During this time various funding mechanisms have been explored with costs ofthe shelter ranging from 5.2 million dollars to 9.1 million dollars. ~ DISCUSSION The County Board of Supervisors has approved the conceptual proposal (staff report attached) to form a loint Powers Authority (JP A) with AFV and the client cities (Temecula, Murrieta, Canyon Lake) to finance and construct a community animal shelter in the southwestern portion of the County. Each member/client city is being requested to present to their respective Councils the conceptual formation of a lP A in an effort to gain approval for the formation of the lP A. The City Council's approval to conceptually agree to participate in the JP A would allow the County to move forward with negotiations with the cities on the formation of the lP A. The conceptual approval does not obligate the City to join the lP A or construct an animal shelter. The City Council will be presented with the final document for approval and participation in the lPA. . FISCAL IMPACT None at this time. ,.... AGENDA lTat NO. 3 % PACiE--L....- OF 11-- - RECOMMENDATION It is staffs recommendation that the Mayor and City Council consider approval ofthe conceptual.......,. formation of a Joint Powers Authority for the purpose of funding the construction and operation of a southwest county animal shelter. APPROVED BY: David W. Sapp, Director ofComm "ty Services PREPARED BY: ......,. . ......,. ACENDA ITEM NO. ~ ~ PACE ~OF. i. ~ Dave Sae,P ,.-.From: ient: To: Cc: Subject: Dick Watenpaugh Monday, August 16, 2004 10:33 AM Dave Sapp Marlene Best FW: Animal Shelter JPA ~ Form 11 - JPA SW Comm AnimalS... A second e-mail from Kristine Dick -----Original Message----- From: Kristine [mailto:kmand@cosmoaccess.net] Sent: Friday, August 13, 2004 12:11 PM To: Dick Watenpaugh Subject: Fw: Animal Shelter JPA ----- Original Message ----- From: "Dean Deines" cddeines@rceo.org> To: cdsapp@Lake-Elsinore.org>i ccpaxton@murrieta.org>i ckathy-staff@pe.net>i "Grant Yates" cGrant.Yates@rceo.org> Cc: ckmand@cosmoaccess.net>i canneleaf75@hotmail.com>i "Dan Martinez" <DanMartinez@rceo.org>i "Lucy Furuta" cLFURUTA@rceo.org>i "Robert Caliva" ,...........<RCali va@rceo.org>i "Roger Uminski" cRUminski@rceo.org>i "Tina Grande" cTGRANDE@rceo.org> ent: Friday, July 30, 2004 11:13 AM Jubject: Animal Shelter JPA The County Board of Supervisors approved the in-concept proposal to form a JPA to finance a southwest community animal shelter. I have attached the board correspondence for your information. As discussed, each city will also give in-concept approval for the formation of the JPA. Once that is accomplished, a meeting will be set up to begin the JPA formation process. Please let me know when your city council approves the in-concept proposal and I will arrange a meeting. If you have any questions please feel free to call me at 955-1127. Dean Deines Deputy County Executive Officer Riverside County Executive Office " ,........... 1 AGENDA ITEM NO. PACE 3 OF 3~ i'3 ~'\\os OF r~ ' ~ ~ (( -..J 'II( ~ ... ~ Animal Friends of the Valleys PO Box 1143 Lake Elsinore CA 92531-1143 ........, (909) 471-8344 August 6, 2004 City of Lake Elsinore 123 Main Street Lake Elsinore CA 92530 RE: Proposed Joint Powers Authority for a southwest community animal shelter Attached please find the form 11 from the Riverside County Board of Supervisors that was approved on July 27, 2004. Animal Friends of the Valleys is requesting the City of Lake Elsinore approve, in concept, the formation of a Joint Powers Authority for the purpose of ........, constructing an animal shelter in the southwestern portion of the county. The location of the proposed shelter would be in Wildomar, centrally located for all cities that contract with Animal Friends for services. With each city's approval in concept, designated staff from each city will meet over the next two months to review and create a proposed agreement to be brought back to each city council and the county for approval. If there are any other questions, feel free to contact me at (951) 678-2165. Sincerely, . Kristine M. Anderson Board President ~ AGENDA ITEM NO. 3 <6 PACE3_0F /1 Dave 5a~ Subject: Dean Deines [ddeines@rceo.org] Friday, July 30,2004 11 :14 AM Dave Sapp; cpaxton@murrieta.org; kathy-staff@pe.net; Grant Yates kmand@cosmoaccess.net; anneleaf75@hotmail.com; Dan Martinez; Lucy Furuta; Robert Caliva; Roger Uminski; Tina Grande Animal Shelter JPA ..-trom: 1ent: (0: Cc: ~.-.. EJ Form 11 - JPA SW Comm AnimalS... The County Board of Supervisors approved the in-concept proposal to form a JPA to finance a southwest community animal shelter. I have attached the board correspondence for your information. As discussed, each city will also give in-concept approval for the formation of the JPA. Once that is accomplished, a meeting will be set up to begin the JPA formation process. Please let me know when your city council approves the in-concept proposal and I will arrange a meeting. If you have any questions please feel free to call me at 955-1127. Dean Deines Deputy County Executive Officer Riverside County Executive Office ----- . '"' 1 AGENDA HEM NO. ~ PAOE ...., 3~ OF J ~ FROM: Supervisor Bob Buster Supervisor Jim Venable SUBMITTAL DATE: July 13, 2004 '--" SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SUBJECT: Proposed Joint Powers Authority for a southwest community animal shelter RECOMMENDED MOTION: That the Board approve, in concept, the formation of a Joint Powers Authority for the purpose of constructing an animal shelter in the southwestern portion of the county. BACKGROUND: The Animal Friends of the Valleys (AFV) currently provides animal sheltering services to the County, and the cities of Canyon Lake, Lake Elsinore, Murrieta, and Temecula through individual contracts. Because of the growth in the southwestern portion of the county, AFV's current facilities have become overcrowded and inadequate to support their contracts. Discussions between the County, cities and AFV have resulted in a proposal to form a Joint Powers Authority (JPA) between the County and the cities (the member agencies) to finance and construct a community animal shelter in the southwestern portion of the county to al/eviate the overcrowded conditions and provide for future growth. The JPA would finance and construct a community animal shelter on land currently leased to AFV. Initial costs developed by AFV indicate the cost of the shelter would be approximately $9 million. The County's Department of Facilities Management would provide initial construction management services until the JPA Board meets and provides direction. The JPA would review and consider using existing contractors hired by AFV where possible and allowable under applicable law. Repayment of the JpA's debt would be by the member agencies based on the percentage of animals sheltered by each member agency Currently, the County's animal population in the AFV shelter is 43%, though this will change, as unincorporated areas are annexed, new cities incorporate, and with the opening of the County Regional Animal Shelter. ~~ ~ob Buste!" Supervisor First District """'" F' - ;;;:+----,..---- - ("_,~ .~.t?-....;;,-.:::-z~--:-: //~/ /..:----e_.~_--/. ~- c....-. .-~... t.: ~ ___- ..--".........".-(' ---T- -- Jim Venable, Supe-rvisor - '---T Third District MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Buster, seconded by Supervisor Venable and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Buster, Tavaglione, Venable, Wilson and Ashley Noes: None Absent: None Date: July 27, 2004 . xc: Supv. Buster, Supv. Venable, Facil. Mgmt., COB(2) , l./ Prev.Agn.ref Dist. AGENDA NO. 3.1 """'" ACENDA ITEM NO.__.~ . PAOE_ (p~~ ,.....,.. SUBJECT: Proposed Joint Powers Authority for a southwest community animal shelter Page 2 Background, continued Because the County has staff dedicated to providing day-to-day administration of its public benefit corporations and JPAs, County staff would serve as staff to the JPA and be reimbursed for its administrative costs. Expenses of the JPA, which would include legal fees, bond-related expenses. board member stipends and expenses. an administrative fee to the County, etc., would be allocated equally to each member agency. It is being proposed that the shelter be operated by AFV through a contract with the JPA. Operating costs will be allocated to each member agency based on each agency's percentage of animals sheltered. The percentage would be calculated each calendar year and provided to the member agencies for budgeting the following fiscal year. As part of the JPA administration, the County would be responsible to administer the contract on behalf of the JPA which would include billing the cities for their share of the operating costs. The in-concept approval does not obligate the County to join the JPA or construct an animal shelter. The in-concept approval allows the County to begin negotiations with the cities on the formation of the JPA. Final approval of the JPA will be brought back before the entire Board. -----. In conjunction with the JPA shelter, the Department of Animal Services is in the process of developing a master plan that addresses the need for a Riverside County regional animal shelter that would be centrally located in the Winchester area. The county regional animal shelter would accommodate sheltering large animals and house Animal Services' administrative function. Currently, it is proposed that the county regional animal shelter be constructed on available county- owned land at the closed Double Butte landfill. The county regional animal shelter is included in the County's Capita! Improvement Plan. . ~ ACENDA ITEM NO. 325 . PACE 7 Of i ~ ANIMAL FRIENDS OF THE VALLEYS PO BOX 1143 LAKE ELSINORE CA 92530-1143 (909) 471-8344 """""'" July 13, 2004 This letter is to bring you up to date on the discussions with the county regarding the animal shelter to be constructed on the AFV leased property in Wildomar. Anne & myself had a meeting with Robert Caliva, Dean Deines, Roger Uminski and Dan Martinez yesterday to get questions answered and the project back on track. For the time being, the shelter to be built in Wildomar will be referred to as the Southwest Community Animal Shelter (SCAS). A lot of time was spent reviewing the procedures and actions that have taken place to get to our current stage. We reviewed what needs to happen and I have come up with a time line hopefully all can follow in order to get this shelter back on track. Listed below is the timeline that was suggested: 1) Completion of Form 11 and submission for supervisors approval of the concept for forming a JPA with Lake Elsinore, Canyon Lake, Murrieta & Temecula for the purposes of constructing an animal shelter in the southwestern portion of the county. Consideration of Form 11 at the board of supervisors meeting on the 27th of July. 2) During the month of August, AFV will work with each city's staff to get the City Council's approval of the above concept. """""'" 3) After the County & Cities approval, during the months of September & October we will hammer out the specifics of the JPA proposal. 4) In the month of November bring back the JPA proposal for adoption by Board of Supervisors and each City Council. 5) By the beginning of 2005, the JPA will be formed and first meetings held in order to conduct business to issue bonds and finish plans for building the SCAS. All in attendance agreed that this time line is very doable. We will just have to coordinate all parties involved and set up meetings as soon as possible. Your efforts in making this possible will be greatly appreciated. Thanks for your help in supporting this much-needed facility and we are all truly looking forward to the day ~ when we will see it completed. Sincerely, ~ 5q.~~ "-'" Kristine M. Anderson Board President ACENOA ITEM NO. ?:F?'- PACE_ <6 OF 13 .fJ-L ,-..., INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: RICHARD J. WATENPAUGH, CITY MANAGER ~~/ I DAVID W. SAPP, DIRECTOR OF COMMUNITY SERVICES 1-/1 5/5/2004 DRAFT JPA TO CONSTRUCT A SOUTHWEST COUNTY ANIMAL SHELTER Attached please find a copy of the draft JPA to construct a Southwest County Animal Shelter. The JPA was drafted by the County and has been reviewed and approved by David Mann in our City Attorney's office. The .JPA Board of Directors would include one elected official (City Council) for each member agency. The JPA would oversee the construction and operation of the new shelter. -- Each City/member would be required to pay a percentage of the annual bond debt based on the annual animal turn-in percentage (currently 28% for Lake Elsinore ). The City would also contract with the JPA for animal sheltering services based on a percentage of animals sheltered at the facility. The City would continue to contract services through Animal Friends through a contract separate from the JPA. Please review and comment. I have also included a copy of the comments provided by Animal Friends. :cd Attachment c. Assistant City Manager Director of Administrative Services Recreation/Tourism Manager City Attorney . -- ACENDA 'TEM NO. 3 q PAC! 9 OF /3 Proposal of a Joint Powers Authority To Construct a Southwest County Animal Shelter To facilitate the construction of an animal shelter (the "Shelter") to serve the southwestern portion of Riverside County, the formation of a Joint Powers Authority (JP A) to provide for financing the animal shelter' should be considered. Operations of the Shelter would also be considered as a function of this lP A. Members of the lP A would be those government agencies that presently contract with Animal Friends of the Valleys (AFV) for animal sheltering. The JP A would be called the Southwest Communities Financing Authority. ....." Board Membership The JP A Board of Directors (the "Board") would inclu 'ne elected official (City Council/Board of Supervisors) from each member agenF lally, Board members would serve either four or two-year terms as determined e Board at its first meeting. Subsequently, Board members would serve four-year teI~/. The Board, upon creation of the jp A, could consider reimbursement of travel expenses and;$\ipends for its members. JP A Administration Because the County ha ta" ,ated to providing da ~- -day administration of its public benefit corporations an,.. As, cot,fllty staff would serve~ staff to the J P A. Expenses of the jPA, which would incf~,de bond-r~lated expenses, Board;;member stipends and expenses, an administrative fee to the' County, legal fees, etc., would be allocated equally to each member agl'ncy. Financial Responsibilities ....." Construe/lei? of the SheU~r " The County's Department of Facilities Management would provide initial construction management services u~~!l the JP A Board meets and provides direction. The JP A would commit to using existing contrasr9rs hired by AFY where possible and allowable under applicable law. Animal Shelter Opera/ions Animal Friends of the Valleys has expressed an interest in operating the Shelter constructed by the jPA on a long-term basis. Therefore, if approved by the JPA, AFV would operate the Shelter through a contract with the J P A. The contract would only include shelter operations; field services would continue to be contracted separately by the member agencies directly with AFV. Operating costs will be allocated to each member agency based on each agency's percentage of animals sheltered. The percentage would be calculated each calendar year and provided to the member agencies for budgeting the following fiscal year. As part of the jp A administration, the County would be responsible to administer the contract on behalf of the JP A, which would include billing the cities for their share of the operating costs. Repavmen/ a/Debt Repayment of the debt incurred by the J r A for the Shelter would be allocated in the same manner as the operating costs, based on the percentage of animals sheltered. The J Pi\. d,)~'ul11ents would requirl:: any member agency \vishing to withdra\\ their membership from the .lp,\ (\l rell1;lir, obligated for ;my approved bond indebtedness and ;111: other lIabilities incurred ......, ACENOA \rEM NO.___:S-;6 . PAoc_Ii) Of 13 ,- Proposal of a Joint Powers Authority To Construct a Southwest County Animal Shelter while a member of the lP A, Again, the County would be responsible for collecting each city's allocated share of the debt service payment. Ownership of Shelter at Maturity of Bonds AFY has requested that they have the option to purchase the Shelter before it is paid off, and that ownership reverts to them when the bonds are paid off If the lP A elects to transfer ownership to AFY, AFY would be required to provide adequate shelter space to each member agency at no cost (excluding operating costs). Currently, AFY has a 99-year lease with the Water District roperty on which the Shelter would be built. Further discussion with legal counsel on Lt, ransfer of the leasehold interest to the lP A would need to take place. The possibility of whetBer this transfer could then be part of the consideration for the transfer of the ownership of the$helter to AFY once the bonds were paid off will be part of this discussion. Another possibility would be to have the lP A obtain title the propel1y. This would require negotiations with the Water District, but would assist in simplifying the financing of the Shelter. ;--. ;-- ACENDA ITEM NO. PACE II 3<K Of i3 B~/29/2004 02:47 9B9471 8285 ANIMAL FRIENDS OF UA PAGE 01 Animal Friends of the Valleys PO Box 1143 Lake Elsinore CA 92531-1143 (909) 471-8344 "'0501' ~ ...~~k,,".. . ''\<-. L i. t ~ .i: (~A,,, d-:~ .~ April 27, 2004 Animal Friends of the Valleys' Board of Directors met on April 22, 2004, and discussed the JPA Proposal. Listed below are concerns or comments regarding the Proposal of a Joint Authority: 1) As stated in the last meeting held concerning the new facility, there was no name picked or suggested. But there is concern on what the facility Is being currently called. On the Proposal it is listed as "a Southwest County Animal Shelter", Could it be referred to as "an Animal Shelter located in the Southwest County"? This would give all parties involved, county, cities, AFV, the opportunity to avoid questions such as "I didn't think it was going to be a County facility:' 2) Paragraph # 1, the location of the animal shelter should be listed in the proposal. ~ The location would be generally located south of 33751 Mission Trail, Wildomar, CA. 3) Paragraph #2, the original board of directors of the JPA would be required to set limits on reimbursements for travel & stipends for the members. 4) Paragraph #4, AWs board is extremely concerned that the services of our current architect are used. George Miers & Associates have a great reputation in the industry and an the work that he has previously performed, such as design and specifications, needs to be recognized. It is essential that the quality design, materials used, and services performed, which are stated in the original plans, are continued in the design of the ]PA facility. See attached listing of Animal Shelter Projects George Miers' has worked on, Bottom line - AFV's board feels that George Miers needs to be named in the Proposal. The board realizes that there may be a prevailing wage issue or a competitive bid issue but for a service contract this could be waived? 5) Paragraph #5, the board would like to hear about the contract that would be drawn up to discuss the issue regarding running the animal shelter on a long term basis. How many years, what type of outs, etc.? · 6) Paragraph #6, if the JPAis overseeing the shelter and billing the cities, AFV has to be assured that there is timely payment of invoices. 7) Paragraph #8, there could be a minimal amount induded for reserves for repl3cements, such as ale unit, roof, etc. 8) Paragraph #9, the current lease for the property is with Animal Friends of the Valleys. The AFV board does not feef that the water district will turn the property ~ ACENOA ITEM NO. ?7 PAO! J g... Of r3 U~/L~/LUUq ul:41 9094718285 Al-HMAL FRIENDS OF UA PAGE 02 over to the County & Cities. The property was donated to AFV to use for their .--, intended purposes. The board feels that there probably could not be a better arrangement financially then the current situation. For $2 per year, it would not make any sense to purchase the property. As stated previously, APJ's board feels a 99-year lease should be sufficient to obtain financing. 9) Under the heading, "Ownership of Shelter at Maturity of Bonds", it was discussed that the building would revert to AFV at the time the bonds were paid off. APJ's board would like to include in the proposal the fad that APJ has previously spent over $400,000 in the studies, design, county fees, etc., in order to be in the position AFV currently is in. Another $600,000 or so will be spent from money that has been donated for the equipment and furnishings for the shelter. If for some reason, AAI is removed from the operation of the shelter before the bonds have matured, AFV would be reimbursed for an agreed upon amount of money and/or will have the right to remove AFV's equipment and furnishings from the shelter. 10) What type of bonds, rates, length of maturity, annual payments, etc. are being looked at for finandng purposes? AFV's concern is that these bonds could be refinanced and never mature. What type of safeguards could be put in place to guarantee AFV receiving the facility within 30 years? Sorry this is so late, but we had to wait until our board meeting to discuss these issues. AFV has reviewed this proposal with our attorney, John Giardinelli, and we have incorporated his comments in the above. The board realizes the importance of timely correspondence, so please email me your .--.- Questions and/or comments so we can pass on to all parties concerned. Thank you for your time. Kristine Anderson . ,-.., ACENDA ITEM NO. 3 d PAC! J3 OF /3 /""', CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: DICK W A TENP AUGH, CITY MANAGER DATE: AUGUST 24, 2004 SUBJECT: REQUEST FOR STATEMENT OF QUALIFICATIONS FOR SPECIAL AUDIT ENGAGEMENT BACKGROUND On June 22, 2004, the Mayor set and City Council approved a special meeting to review City benefits and reimbursement practices. The meeting was set for June 29, 2004. At the June 29,2004 meeting, City Council agreed to have an audit. The City has sent out 33 letters to audit firms requesting a statement of qualifications. 11 responses were received as of the deadline, Monday August 16,2004 at 2:00 p.m. in the City __. Clerks office. Eight of the eleven indicated that they were not able to do the work at this time and three of the eleven submitted a statement of qualifications. At the July 27,2004 City Council meeting, City Council approve a motion for Councilman Magee and Mayor Buckley to be the subcommittee to interview the auditors, set the parameters and bring back a potential auditor and explain the parameters by either the 10th or the 24th of August. Timing has not allowed a meeting ofthe sub committee. DISCUSSION As there are only three qualified firms, staff would suggest the City Council select an audit firm, direct them to proceed with an audit of the Health and Wellness benefit, and provide a written report. This will allow the sub-committee time to evaluate a further scope of work and move the audit forward. Attached is a list of the firms, a sample copy of the letter that was sent to each firm and a bound copy of the statement of qualifications which includes their hourly rates. . ,--. AGENDA ITEM NO.. 3 Cj r PAGE , . OF . .....~ - - 't " '!f'.1~4 Request for Statement of Qualifications for Special Audit Engagement August 24, 2004 Page 2 of2 "'-tII' FISCAL IMPACT The hourly rates are summarized as follows: --~_O-----"----'i---- ; ~:::;t~::1 Senio~;-------~~nior ' Staff ~:~~l rconrad an:::s~:::s, LLP - t~~~~e~~;: ~a_n!leffi Mana~:r.: AUdit~~. AUd~ti~ .~~~::I EI~:I::~ W~,t~~;~~~'c .J~ .~_.'!=_1fr==1?~."~ ~ ....: .1"~;;J;1J To get a rough estimate of what the total fee for a 100 hour engagement would be, the following is presented assuming a standard 5% partner, 15% management, and 80% senior level of work. .._...._____... ............................_.....__.......... ~.._- - -- ...--' 0 - - .'. ...........--.-...T.-......-.-.-....----.-,----.--.....;-~--..-l-----', , Director ofl I! [ [ Out of 1 , ! i Consulting i Senior I Senior i Staff I ! Pocket : Firm Name i Partners i SelVices I Mangers Manager I Auditors i Auditors i Clerical i Expenses r'-'~-'----'--~-'~~-~----^~' --'~ .....w . --" ~ . . -- : -- . " ~~~!!!.~d-~!ld..~~!>.C!~iaJ.e.sLh.h~-..........l.!.........E?.i................!l{~.I'.........~L....!l!~.I....._J.?...L....-. 80 : ._..l1i~J.lncl~.!l.cL l,Plehl, ~\~.~11.~_& Company'!!clp., _ 200 i ~. 125 n/a __~_--'![~J.___?9~x.!ra '" 'T.~.~.!l'.'~8.~!!l!.r.~_~~!~, Inc. . .... 15O! n/a ! 110....15 '.. 65 '_._...!lL~L~!I,l.~~. _____ ___......____...___...._._........_.............J......__._..L_..._...........J ..........l.----.--..,----. ...-----...- urnes !!l!l__~~~~~gement at the ratE!~.~.~Il.\I.E!:+. '. ' ' ! ! 5% i 15% ' 15%' , 80% Total Ic?nraT~~i~~E~~j~~1~E~~--.n~-=-_~.?.[=:~---.--i:=~1:Z?5~---..! 7,600 i . ,..mm $.10,200 i .~!!.LJ:.~~ns & Company', LLF:~.___!...OOO i ~..2J~.?~m...m~__ __........m__~+._!>,800 1.___._.l.._..__..;E)(t.!:~ $10,725-1 eaman, Ra!l'.'ir.!!~....~..~.!l'.'l!hLIn..~:_...:__I~L.~..m_._..m...l..~l.!~~........~m.L. 6,D9.9m.L......._.._....__..L_____.....L...____...._ .$...11,400 J *Note: For Diehl, Evans & Company, LLP, 15% management was applied to the Director of Consulting Services since the RFP indicates that all work will be planned, supervised and reviewed by the Director of Consulting Services. RECOMMENDATION Staff recommends that City Council select an audit firm, direct the firm to proceed with an audit of 100% of the Health and Wellness benefit, and provide a written report. 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I 111J I I L--:"-r~+-t- i--f--r- --~- I ' I I ID I ' I :0 , I I I~ M CO 'N !o!NI,'<tI..... oIIO'MI'<t I'--~ ON OIl'--ICO,OIl'-- ..... 0> .....'1'-- N'..... I~I~I~I~I~!~I ~ ~,~i~ ~ig I O>+QLQ>j,.Q> I O?J 0> C21lQL9LgLQ> I 0> I I I I j , ; l ~ ~ 1 ! I i--1-'--H'~-~'t . ! ; ! CO! 1 co I. I'-- ',; 0' ,IDlCO' O>! lolco' ""t! :"'i"l l"'flcr! I ~!~I~!l:oiNlolgl~ COlCOiCOllDicollDlCOIM NININI'<t,NININiN , I Q>_j.Q>-!,_Q?-l-~s;l?,,1-Q>., , : I I 'I' I I ! l , , I i I : ' ' ~l~_,_~l~J~ <3' <3 <3 <3l<)J~ ~ ~~ <3 tt ~_~~ ~_~~~_: <3,~ <3 I I ~ i Iii ~I In: , ro '. U I t:: I' , ro I I. ~ I, 0>1", Ilnl~ 'Q)1n ,-'c' Q)1,OIU Q)llnl~ Q)Q) Q)lrocl,~I,~I,Q) :g I 0:: I, 0 :g, Q) I......,." ,,: ~ ' Q) : 0 I.,. o.:,:g In I~ lniOIIn~I~ "'~Ioo'ln '-121u '-IEI~'-'- ro ro:ul.,EI'- Q) CIC Q),_ c,Q) Q)'iij In C _IQ) ~ro'I',ro ~Irolro >'~'oro:.ro'rol.~ 0::100,0:: 0:: o.!~'~O::Uo.,o:: 0.:0:: I I I .....I'<t 0,0 IDI'<t ~I 0> I'--o'<t I'-- NOCOMO I'--IDNIDID .....NNMN 0> <(<(<( <'?-,,9 'Q"Q,.,-Q_ ~I lro In t:: Q) ro Q) In Q) "5 'I- " >-: 0> U"CQ)C ~ ffi~l~ ~ Q) '- Q)I~ 0 I- C)IO::lm,~ Q) c' .~ Ie! 1(31 Q)IBlro .~ !'e i Q) 2:blm ....." ACENDA...~NO.~ PW L{~ ,,-... ~, ~, July 28, 2004 Deloitt LLP 695 Town Center Dr., Suite 1200 Costa Mesa, CA 92626 Re. Request for Statement of Qualifications for Special Audit Engagement Dear Managing Partner: The City of Lake Elsinore is seeking a qualified public accounting firm to review and audit certain benefit and reimbursement transactions for the year ending June 30, 2004. We have set forth a general scope of work and qualifications below for your consideration. Background The City is located in Riverside County with a population of approximately 35,000. The City Council consists of five members with an appointed City Manager and City Attorney. The City employs 85 people and has an annual operating budget of $23,149,094. Scope of Work The scope of the audit contemplates review and verification of all transactions pertaining to the City's "health and wellness" reimbursement, travel expenses, education reimbursement and City credit card use occurring from July 1, 2003 until June 30, 2004. The extent of the review and audit procedures on those transactions will be determined after the firm is selected. Following completion of the audit, the City seeks a written report of the audit results along with an assessment of the compliance with existing City policies and practices and any recommendations. Timing The City is anxious to commence the engagement immediately upon the selection of a qualified firm. The City Council has requested completion of the audit and preparation of a report by late September 2004. Qualifications The City seeks a public accounting firm with significant expertise in governmental auditing and accounting. I<CE~DAi1EfII "0._ 0:1, -; P~-5-- July 28, 2004 Page 2 ~ Submittal of Statement of Qualifications The City requests that interested accounting firms submit a written Statement of Qualifications with the following information: 1. General information including the SIze of the firm, areas of practice emphasis and office location(s); 2. Specific information concerning governmental auditing and accounting expertise along with a list of recent governmental entity clients; 3. Individual background and qualifications of supervisory and staff accountants expected to be assigned to this engagement; and 4. Hourly billing rates. An original and ten (10) copies of the Statement of Qualifications must be received by the City Clerk's office by 2:00 p.m. on August 16,2004. Selection Process The Statement of Qualifications will be reviewed by a committee composed of certain ......., City Council members and City staff. Those Statements of Qualifications deemed most qualified will be contacted and an interview and/or an oral presentation may be requested. The City anticipates making a final selection by August 27, 2004. Following the final selection, the City anticipates additional discussions regarding details of the scope of work and the selected firm's anticipated budget. If you have any questions concerning this request, we urge you to contact the City's Director of Administrative Services, Matt Pressey. Thank you for your consideration. Sincerely, Matt N. Pressey Director of Administrative Services >> ......., __ -..;,ji 1\0. 39 ABEf~L". rM~ (17 .. f1F~