HomeMy WebLinkAbout07/11/2006 CC Reports
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
ROBERT E. "BOB" MAGEE, MAYOR
ROBERT L. SCHIFFNER, MAYOR PRO TEM
THOMAS BUCKLEY, COUNCILMEMBER
DARYL HICKMAN, COUNCILMEMBER
GENIE KELLEY, COUNCILMEMBER
ROBERT A. BRADY, CITY MANAGER
WWW.LAKE-ELSINORE.ORG
(951) 674-3124 PHONE
(951) 674-2392 FAX
LAKE ELSINORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
*************************************************************
TUESDAY, JULY 11,2006- CLOSED SESSION AT 5:00 P.M.
PUBLIC SESSION AT 7:00 P.M.
If you are attending this City Council Meeting please park in the Parking
Lot across the street from the Cultural Center. This will assist us in
limiting the impact of meetings on the Downtown Business District.
Thankyouforyourcooperanon!
CALL TO ORDER
ROLL CALL
CLOSED SESSION
,
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
PLEDGE OF ALLEGIANCE
INVOCATION - MOMENT OF SILENT PRAYER
ROLL CALL
PRESENTATIONS/CEREMONIALS
A. Presentation - Award trophies for the 4th of July Patriotic Boat Parade
CLOSED SESSION REPORT
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Page 2 - City Council Agenda - July 11,2006
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting)
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting. The Mayor will call on you to speak, when
your item is called.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved on one motion, unless a
Councilmember or any member of the public requests separate action on a
specific item.)
1. County Donation to Swim Program.
RECOMMENDATION:
Receive and file.
2. Agreement to reimburse TUMF funds for traffic signal and
intersection improvements at Ortega Highway (SR -74) and Grand
Avenue.
RECOMMENDATION:
Authorize the City Manager to
execute an agreement for the TUMF
Zone fund reimbursement.
3. Final Map No. 33164.
RECOMMENDATION:
Approve Final Map No. 33164.
Authorize the City Clerk to accept all
dedications, sign the map and arrange
for recordation.
Page 3 - City Council Agenda - July 11,2006
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PUBLIC HEARING
None.
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1183 - Authorizing the levy of a
special tax (Rosetta Canyon).
RECOMMENDATION:
Adopt Ordinance No. 1183, upon
second reading, by title only.
32. League of California Cities Annual ConferenceN oting Delegate.
RECOMMENDATION:
Appoint a V ot~ng Delegate and an
Alternate for the Annual League of
Cities Conference Business Meeting.
33. Sub-committee recommendation for Public Safety Advisory
Commission (PSAC).
RECOMMENDATION:
Approve the appointment as
recommended by the sub-committee.
34. Continuance of authorization to prepare CEQA compliance
documents for Specific Plan Amendment,(SPA), Residential Design
Review (RDR) No. R-2005-27, Tentative Tract Map (TTM) No.
34346 and Conditional Use Permit (CUP) 2005-26 for Mission Trail
Condominium Complex.
RECOMMENDATION:
Authorize the City Manager to
execute an agreement with HDR
Engineering Inc. to prepare the CEQA
compliance documents in the amount
of$91,679.
Page 4 - City Council Agenda - July 11,2006
35. Amendment to Lake Elsinore Municipal Code, Chapter 9.42 regarding
regulation of large parties.
RECOMMENDATION:
Adopt upon first reading, Ordinance
No. 1184, amending Chapter 9.42 of
the LEMC.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting)
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
COMMITTEE REPORTS
CITY TREASURER COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MA YOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DA TE:
JULY 11,2006
SUBJECT:
FOLLOW-UP CONSENT ITEM
RE: COUNTY DONATION TO SWIM PROGRAM
BACKGROUND
At the June 27th City Council meeting, the City Council authorized the Joint Powers
Agreement (JPA) with the Lake Elsinore Unified School District for use of the
swimming pool at Lakeside High for a community-wide summer swim program.
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Councilman Hickman announced that he had secured a $10,000 donation from the
County of Riverside to help offset the operational costs of the program that will benefit
many County residents as well.
At that time, the Mayor directed staff to come back with a follow-up consent item
informing the City Council of how the annual County donation would be utilized in the
running of the swim program.
DISCUSSION
In discussions with Mr. David Stahovich, Legislative Aid to Supervisor Buster, it was
agreed that the $10,000 donation would be used in the general budget of the program.
The donation would offset the first $10,000 in expenses with the City paying all related
costs for the balance of the program.
FISCAL IMPACT
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The program is estimated to cost $15,600 for this year. The County's donation would
offset the first $10,000 in expenses with the City providing the balance of $5,600.
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REPORT TO CITY COUNCIL
JULY 11,2006
PAGE 2
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RECOMMENDA TION
It is staff s recommendation that the Mayor and City Council receive and file this
follow-up item.
PREPARED BY:
OFCO~ITYSERVICES
APPROVED FOR
AGENDA BY:
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AGENDA ITEM NO.
Pit. ;:""^.~._ ("~_. t"r~'
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Robert E. Magee
Mayor
Robert Schitfner
Mayor Pro Tern
Thomas Buckley
Councilman
Daryl Hickman
Councilman
Genie Kelley
Councilwoman
Robert A. Brady
City Manager
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{( <0ne. (Jity'~ got c::;;Il!(ou;"
July 3, 2006
Mr. David Stahovich, Legislative Aide
Supervisor Robert Buster
4080 Lemon Street
14th Floor
Riverside, CA 92501
RE: City of Lake Elsinore Summer Swim Program
Dear Mr. Stahovich:
On behalf of the City of Lake Elsinore, we would like to thank you for your generous
support of the City's efforts to provide quality swim programs for our and the
surrounding area residents.
As partners in the lake we can move forward together in providing community based
learn-to-swim programs for all residents of the valley. These programs will assist
tremendously in decreasing the number of non-swimmers who locally use our lake
and ensure a more aquatic knowledgeable public in the future who are water smart
and certified swimmers.
The City is requesting your pledge of $10,000 to compliment the City's efforts in
providing this program. Attached is a copy of the Revenue and Expenditure sheet for
this year's program. The County's donation will help to purchase additional
equipment for the initial start-up of this year's program and provide needed funding
for expansion of the program in future years.
Should you have any questions or concerns, please don't hesitate to contact myself or
our Director of Community Services, David Sapp at 674-3124, extension 265.
~IYJ/z~~
~kman
City Councilmember
Attachment
c.
Mayor Magee
City Manager
Director of Administrative Services
RecreationfTourism Manager
AGENOA ITEM No._1
PA'':>E <.3 OF ~
130 cSouth c:::/1I(ain cSt't~d, .Lak~ Efj.ino'te, (!c:If 92530 CJ~f~phon~ (951) 674-31'24. ~ax (951) 674-2392
www.tak~-E.[j.ino'tE..o't5
REVENUE AND EXPENSE PROJECTIONS
SUMMER AQUA TIC PROGRAM
REVENUE
Swim Lessons
3 - two week sessions (6 weeks total)
20 - 45 minute classes per day (6 students in each class)
Projected Revenue = $12,600
Open Swim
2 hours per day - 5 days per week for six weeks (100 kids per day)
Projected Revenue = $3,000
TOTAL PROJECTED REVENUE
EXPENSES
4 Water Safety Instructors @ 4 hrs/day x 6 weeks =
1 Pool Manager @ 8 hrsIday x 6 weeks =
4 Lifeguards @ 2 hrslday x 6 weeks =
1 Swim Aide @ 8 hrs/day x 6 weeks =
Total Projected Staff Costs =
Pool Rental =
Supplies =
TOTAL PROJECTED EXPENSES
$15,600
$5,140
3,122
2,210
1,819
$12,291
3,000
309
$15,600
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AGENDA ITEM NO. \ ._<
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DA TE:
JUNE 27, 2006
SUBJECT:
JOINT POWERS AGREEMENT WITH LAKE
ELSINORE UNIFIED SCHOOL DISTRICT FOR USE OF
LAKESIDE HIGH SCHOOL SWIMMING POOL AND
AQUATIC STAFF JOB TITLES AND SALARY
CLASSIFICA TIONS
BACKGROUND
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In the summers of 1992 and 1993, the City of Lake Elsinore offered community-wide
aquatic programs at the swimming pool at Lake Elsinore High School.
With the emergence of competitive swim teams and related programs, pool availability
for community-wide activities was eliminated.
DISCUSSION
The City and the School District have been in negotiations for the past four months
regarding the development of a Joint Powers Agreement (JPA) for use of the
swimming pool at the new Lakeside High School for community swim programs.
The JP A is consistent in form and content with current JP A agreements with the
District with modifications and changes significant to the high school.
The agreement is for 25 years (Section 2) and provides for termination (Section 3)
should the high school's demand for pool usage increase in the future.
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The City will be required to pay a flat rate of $100 per day for use and maintenance of
the facilities which will be evaluated annually and adjusted as required (Section 6, c).
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REPORT TO CITY COUNCIL
JUNE 27, 2006
PAGE 2
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To operate and staff the pool facility will require the hiring of several summer staff to
provide lessons, and lifeguards for open swim and special evening events for families.
Attached is a classification and salary list for City Council review and authorization.
Staff has met with both the Swim Coach and Water Polo Coach at Lakeside High
School and will be utilizing their athletes to staff the summer aquatic programs once
certified.
FISCAL IMPACT
No impact will be seen with the approval of the IP A. The staff costs associated with
the aquatics programs will be offset by lesson revenues.
RECOMMENDATION
It is staff's recommendation that the Mayor and City Council approve the JP A with the
Lake Elsinore Unified School District for use of the Lakeside High School swimming
pool and authorize the classifications and salary ranges as provided for operation of the
aquatic programs.
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PREPARED BY:
C OR OF COMMUNITY SERVICES
APPROVED FOR
AGENDA BY:
CITY MANAGER'S OFFICE
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AGEt>iDA ITEM NO.
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JOB CLASSIFICATIONS AND SALARY RANGES
AQUATICS STAFF
POOL MANAGER
Range 27z
$13.01 - $16.66
WATER SAFETY INSTRUCTOR
Range 21z
$10.71 - $13.67
POOL LIFEGUARD
Range 15z
$ 9.21 - $11.79
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SWIM AIDE
Range 07z
$ 7.58 - $ 9.67
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AGENDA ITEM NO... \
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AGREEMENT FOR JOINT USE, MAINTENANCE, AND OPERATION OF COMMUNITy
RECREATION FACILITIES BETWEEN THE LAKE ELSINORE UNIFIED SCHOOL
DISTRICT AND THE CITY OF LAKE ELSINORE
(LAKESIDE HIGH SCHOOL)
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THIS AGREEMENT FOR JOINT USE, MAINTENANCE, AND OPERATION OF COMMUNITY
RECREATION FACILITIES (Lakeside High School) (the "Agreement") is entered into by and
between the Lake Elsinore Unified School District ("District") and the City of Lake Elsinore ("City").
WHEREAS, Chapter 10, Part 7, Division 1, Title 1 of the Education Code of the State of California
authorizes and empowers school districts and cities to organize, promote and conduct programs of
community recreation which will contribute to the attainment of general educational and recreational
objectives for children and adults of this State; and
WHEREAS, School District is the owner of the La~eside High School which is located at 32693
Riverside Drive in the City of Lake Elsinore; and
WHEREAS, District and City desire to establish a basis for the cooperative use of certain specified
recreational and educational facilities located at the School Site ("Recreational Facilities") and
identified in Attachment "A"; and
WHERAS, the District and the City desire this Agreement to provide for terms and conditions fOr the ......"
joint use of the Recreational Facilities located on the District's premises pursuant to former Education
Code section 39500, et seq. and in ac.cordance with Education Code section 35160, et seq.
NOW, THEREFORE, the City and the District hereby mutually covenant and agree with each other as
follows:
1. General Principles
District and City shall cooperate in utilizing the Recreational Facilities for joint educational
and community recreation purposes pursuant to this Agreement.
2. Term
Subject to the provision for termination set forth herein, District agrees to keep and maintain
the Recreational Facilities for the benefit of the residents of the City for a period of twenty-five
(25) years, subject to this Agreement.
At the expiration of such term, this Agreement shall be automatically extended for additional
terms of ten (10) years, unless either City or District provides written notice to the other at
least six (6) months before the end of the term of this Agreement, or an extension, that it
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AGENDA ITEM NO. 1_
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desires to terminate said Agreement. In that event, the Agreement shall expire at the end of the
term.
The term of this Agreement shall begin on the last execution date set forth below.
Notwithstanding the foregoing, the City's obligations, under paragraphs 5 and 6( c), to maintain
Recreational Facilities shall not begin until acceptance of the improvements constructed
pursuant to Section 3 by City.
3. Termination before Expiration of the Term
District may, in the exercise of its reasonable discretion, determine that Recreation Facility is
no longer available for community recreation purposes. In the event that District makes such
determination, District shall provide notice to City of such determination 90 days in advance
of its intent to terminate this Agreement. Following such notification, District agrees to meet
and confer with City in good faith within such 90 day period to determine the appropriateness
of alternative that may not result in termination of the Agreement.
4. Scheduling of Use
a.
District agrees that City may use the Recreational Facilities for community use
provided, however, that the community use of the Recreational Facilities shall not
interfere with District's use for public school purposes or constitute a violation of the
provisions of California or Federal law.
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b. District shall have exclusive use of the Recreational Facilities during the school
calendar year, unless other arrangements are agreed to in this Agreement or by the
parties.
c. City shall use its best efforts to schedule use of the Recreational Facilities during non-
school time.
d. City shall give District first priority in scheduling use of the Recreational Facilities
during non-school time with notification 30 days prior to the time needed.
e. A schedule of dates and times for the use of the Recreational Facilities shall be
established in advance at a meeting between the District and the City. The schedule
shall be arranged to avoid a conflict between the District's and City's use of the
Recreational Facilities. <
5. Maintenance
a. District shall maintain the Recreational Facilities through its own staff, or by contract
(Attachment "A").
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AGENDA ITEM NO. I
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b.
District shall set-up for its own use, and City shall set-up for City's use. Materials or
equipment used shall be approved by District.
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c. At the completion of activities by City or by District, the user shall be responsible for
costs to clean up.
d. All costs incurred for repair of damages shall be borne by user.
6. Apportionment of Maintenance Costs
a. Cost of maintenance shall be apportioned as follows:
District shall be responsible for the cost of maintaining the Recreational Facilities.
b. Utility costs shall be apportioned as follows:
District shall be responsible for all utility costs associated with the Recreational
Facilities.
c.
The Recreational Facilities, as developed by the parties for community recreation
purposes under this Agreement, shall be adequately maintained by the District to
ensure proper and safe use, appearance, and longevity, according to initially agreed
upon standards. City to reimburse District for use of Recreational Facilities (Pool)
based on a flat daily rate. Rate to be set by District and re-evaluated annually. Any
and all rate changes will be effective January 1. The District will notify the City in
writing of the rate change.
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7. Indemnification
a. District shall indemnify and hold harmless City, its officers, agents, and employees
from any and all claims, demands, actions, causes of action, damages or liability
(including attorney's fees and court costs) for injury to or death of persons, or for
damage to property resulting from or arising out of any act or omission of the District,
its officers, agents, or employees in the use or maintenance of the Recreational
Facilities, or in the exercise of any other right or privilege by District pursuant to this
Agreement.
b. City shall indemnify and hold harmless District, its officers, agents, and employees
from any and all claims, demands, actions, causes of action, damages, or liability
(including attorney's fees and court costs) for injury to or death of persons, or for
damage to property resulting from or arising out of any act or omission of City, its
officers, agents, or employees, in the use or maintenance of the Recreational Facilities,
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AGENeA ITEM NO.-L.
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or in the exercise of any other right or privilege granted to City pursuant to this
Agreement.
8.
Insurance
District and City shall at all times during the term of this Agreement, procure and maintain
public liability and property damage insurance with an insurance company licensed to do
business in California, which company must have a B+ excellent rating in the current issue of
Best Insurance Guide, to protect against loss from liability imposed by law for damages on
account of bodily injury, including death therefrom, suffered or alleged to be suffered by any
person or persons whomsoever, resulting directly or indirectly from any act or activities of
District and City on premises or any person acting for District or City or under District's or
City's control or direction on their respective premises. Such public liability and property
damage insurance shall be maintained in full force and effect during the entire term of this
Agreement, in the amount of not less than:
a. $1,000,000 (One Milli~m Dollars) for injury to or death of one person and, subject to
the limitation for the injury or death of one person, of not less than $5,000,000 (Five
Million Dollars) for injury to or death of two or more persons as a result of anyone
accident or incident;
b.
$500,000 (Five Hundred Thousand Dollars) for property damage;
c. $1,000,000 (One Million Dollars) combined single limit per accident; and
d. Workers' Compensation Insurance. A program ofW orkers' Compensation Insurance
in an amount and form so as to meet all applicable requirements of the Labor Code of
the State of California, including Employer's Liability with Two Hundred Fifty
Thousand Dollars ($250,000) limits, covering all persons providing services on behalf
of District and City, except District volunteers, and all such risks to such persons under
this Agreement.
Each of the parties shall submit a policy of said insurance to the other party on or before the
commencement of this Agreement indicating full coverage of the contractual liability imposed
by this Agreement and stipulating that the insurance selected by each party shall not be subject
to cancellation, any change in coverage, reduction in limits or non-renewal, except after
written notice to each party by certified mail, return receipt requested, not less than thirty (30)
days prior to the effective date thereof. Each party shall name each other as additional insured
on all insurance policies procured pursuant to this Agreement. The adequacy of the amount of
inslirance shall be reviewed by the parties every five (5) years and shall be increased or
decreased by mutual agreement of the parties.
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AOEN9A ITEM NO. \
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Notwithstanding the foregoing, the District acknowledges that the City is a member of self-
insurance pool known as the California Joint Powers Insurance Authority. Accordingly,
District agrees that such coverage, as presently provided, satisfies the requirements set forth in
this section.
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9. City Employees
a. Employees of City. In performing their duties and responsibilities under this
Agreement, any and all City agents and/or employees shall be solely agents and/or
employees of the City and shall not be deemed in any manner whatsoever to be acting
as agents or employees of the District.
b. Staffing. City represents and warrants that all times during City's use of the
Recreational Facilities, City will staff the Recreational Facilities with sufficient trained
personnel employed by the City to supervise the Recreational Facilities and to assure
safe operation and use of the Recreational Facilities.
c Training. City represents and warrants that all persons employed by City in use of the
Recreational Facilities shall be properly trained and possess all appropriate
certifications. of such training, including, but not limited to, all applicable CPR
certifications, LifeguardlLife Safety Certifications, and certification to handle any
chemicals or hazardous materials.
10. Alcohol. Tobacco and Drugs
....."
The City shall not allow alcohol, tobacco or illegal drugs to be sold, used or consumed at the
Recreational Facilities.
11. Notices
Any notice, demand, request, consent, approval, designation, or other communication which
either party is required or desires to give or make or communicate to the other party shall be in
writing and shall be personally delivered or sent by registered or certified mail, postage
prepaid, return receipt requested, at the following addresses:
District:
Lake Elsinore Unified School District
545 Chaney Street
Lake Elsinore, CA 92530
Attention: Assistant Superintendent, Business Services
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ACEN[)A ITEM NO.
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City:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention: City Manager
12. City Rights
This Agreement shall not be deemed or interpreted so as to modify, limit, or otherwise affect
any right or interest which City may have in the Recreational Facilities under any provision of
law or existing contractual agreement.
13. General Provisions
a. Representatives of both District and City shall regularly confer and keep minutes of
such meeting with regard to the development, use, and maintenance of the Recreational
Facilities. The representatives may establish procedures to administer this Agreement
and may provide from time to time for the proposed amendment of this Agreement or
proposed separate agreements to provide for the development, use, and maintenance of
other Recreational Facilities.
b.
After completion of any additions to the Recreational Facilities, nothing shall be done
by either District or City, or be authorized by them to be done by a third party which
would interfere with the intended use of the Recreational Facilities which have been
installed.
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c. There shall be no additional development of the Recreational Facilities (Attachment
"A") or changing of the Recreational Facilities after they have been installed without
prior written consent of the District and City, which consent shall not be unreasonably
withheld.
d. Dispute Resolution. If, from time to time, disputes arise which are not resolved
through the efforts of the District's and City's representatives, then it is the intent of
both the District and City in this Agreement to provide the following procedures to
resolve disputes relative to maintenance and scheduling and other items of
interpretation of the provisions of this Agreement. In the event of such a dispute, a
representative of the District and a representative of the City, as appointed by the
Board of Education and the City Council, shall meet and agree upon the appointment
of a third person to assist in the resolution of the dispute. Such third party shall be any
person mutually agreed to by both the District and the City representatives. If the
dispute is not resolved through this procedure, then the matter shall be referred to a
joint meeting of the District and City for resolution.
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e.
Binding on Successors. This Agreement shall be binding on and shall inure to the
benefit of the administrators, successors, and assigns of District and City, but nothing
contained in this section shall be construed as a consent by District to any assignment
of this Agreement or any interest in this Agreement by City.
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f. Recitals. The Recitals are incorporated into this Agreement as though fully set forth
herein.
g. Entire Agreement! Amendment. This instrument contains the entire agreement
between the District and the City respecting the Recreational Facilities, and there are
no other promises, conditions or other agreements, whether oral or written, between
the parties. The Agreement may be modified or amended in writing, if the writing is
signed by the parties obligated under the amendment. Said amendment shall
subsequently become part of this Agreement for the remainder of term thereof.
h. Severability. If any portion of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall remain valid and
enforceable. If the court finds that any provision in this Agreement is invalid or
unenforceable, but that by limiting such provisions would become valid and
enforceable, then such provision(s) should be deemed to be written, construed and
enforced as so limited.
1.
Waiver. The failure of either party to enforce any provision of this Agreement shall
not be constituted as a wai ver or limitation to that party's right to subsequently enforce
and compel strict compliance with every provision of the Agreement.
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J. Assignment. Neither District nor City shall sell, assign, or sublease its rights under
this Agreement without the prior written consent of the other party. Consent in one
instance shall not prevent this provision from applying to a subsequent instance.
k. Cumulative Rights. The parties under this Agreement shall not be construed as
exclusive unless otherwise required by law.
1. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of California
14. Authorization
This Agreement has been approved and authorized to be executed by:
Action of the Board of Education taken at its meeting of
,2006.
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ACENDA ITEM NO. , .
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Action of the City Council taken at its meeting of
, 2006.
Executed on the date set forth below at Lake Elsinore, California.
Attest:
LAKE ELSINORE UNIFIED SCHOOL
DISTRICT
By:
Secretary, Board of Education
President
Date:
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APPROVED AS TO FORM:
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AGENDA iTEM NO. . \
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Attest:
Frederick Ray, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
CITY OF LAKE ELSINORE
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By:
Date:
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Robert E. Magee, Mayor
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AGENDA iTEM NO.-L--"-
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Attachment "A"
- Lakeside High School Swimming Pool
- Lakeside High School ShowerlRestroom Area of Swimming Pool
- Adjacent On-site Parking Areas For Community/Patron Use
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AGENDA ITEM No._L_ -
PACE---tL-.C? J 1
CITY OF LAKE ELSINORE
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REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JULY 11,2006
SUBJECT:
AGREEMENT TO REIMBURSE TUMF FUNDS FOR
TRAFFIC SIGNAL AND INTERSECTION
IMPROVEMENTS AT ORTEGA HIGHWAY (SR-74)
AND GRAND A VENUE
BACKGROUND
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This is a cooperative project between the State of California and the City of Lake
Elsinore for the construction of intersection improvements including street
widening and signal control. Two (2) legs of this T -intersection belong to
CALTRANS Ortega Highway (SR-74) and the third, Grand Avenue, belongs to the
City. Traffic signal warrant study has been conducted and a signal is warranted at
this intersection. Estimated total project cost is $766,500. $300,000 of the funding
is from TUMF funds.
DISCUSSION
CAL TRANS has agreed to have the City take the lead for the design and
construction of this project which includes: selection of a design consultant,
preparation of plans, advertising the project to accept bids, award the contract and
project inspection. A portion of funding for this project is derived from TUMF
Zone funds. The agreement between Western Riverside Council of Government
(WRCOG) and the City is for reimbursement of $300,000 TUMF funds to the City
for this project. City Attorney has reviewed and approved this agreement as to
form. The original document is in the City Clerk's office.
~
AGENDA ITEM NO. cl-
PAGE J OF ~
-
REPORT TO CITY COUNCIL
July 11, 2006
PAGE 2
""'"
FISCAL IMPACT
The 2006/2007 fiscal year Capital Project Budget identifies $300,000 of total
project cost as TUMF Zone monies. This agreement between WRCOG and our
City outlines the requirements for disbursement of the $300,000 identified for this
project from TUMF Zone funds. Fiscal impacts of this agreement are limited to
administration of the project and reimbursement process.
RECOMMENDATION
That the City Council authorize the City Manger to execute an agreement on behalf
of the City for the TUMF Zone fund reimbursement.
PREPARED BY:
David S. Solomon, Associate Civil Engineer
Ken Seumalo, City Engineer ~~
......"
REVIEWED BY:
APPROVED FOR
AGENDA BY:
Attachments:
WRCOG Agreement
CIP Location Map
'-'
AGEJ'rlJA ITEM NO. 9
" PACE 2- OF-=t
,-...
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE AND/OR ADVANCE TUMF FUNDS
THIS AGREEMENT is made and entered into this ~ day of July , 2006, by and
between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG") and CITY
. OF LAKE ELSINORE ("the AGENCY"). WRCOG and the AGENCY are sometimes collectively
referred to herein as the "PARTIES".
RECITALS
A. WRCOG is the Administrator ofthe Transportation Uniform Mitigation Fee
Program of Western Riverside County ("TUMF Program").
B. WRCOG has identified and designated certain transportation improvement projects
throughout Western Riverside County as projects ofregional importance ("Qualifying Projects" or
"Projects"). The Qualifying Projects are more specifically described in that certain WRCOG study
entitled "TUMF Nexus Study".
,-...
C. The TUMF Program is funded by fees paid by new development in Western
Riverside County ("TUMF Program Funds"). TUMF Program Funds are held in trust by WRCOG
for the purpose of funding the Qualifying Projects.
D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of
this Agreement to identify the Project and to set forth the terms and conditions by which WRCOG
will financially assist the AGENCY.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions
contained herein, the PARTIES hereby agree as follows:
1. Description of the Qualifying Project. The Qualifying Project, its implementation
schedule and the AGENCY's estimated capital cost thereof, is more particularly described on
Exhibit "A" attached hereto and made a part hereof.
2. Maximum Amount of TUMF Program Funds. The PARTIES acknowledge and
agree that the Estimated Project Cost may be less than the actual cost of the Qualifying Project.
Nevertheless, the PARTIES acknowledge and agree that WRCOG shall not be obligated to
contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF
Nexus Study ("Maximum TUMF Share").
,-...
AGENDA ITEM NO. 2-
PAGE 3 OF-=t
3. AGENCY's Obligation to Return TUMF Program Funds to WRCOG. In the event
the AGENCY, for whatever reason, determines not to proceed with or complete the Project, the
AGENCY shall promptly return all unexpended TUMF Program Funds to WRCOG, and shall enter
into good faith negotiations with WRCOG for the repayment to WRCOG of all TUMF Program
Funds expended on the Project.
"-""
4. Project Costs Eligible for AdvanceIReimbursement. Qualifying Project costs and
expenses eligible for advances or reimbursement are those described in the "TUMF Eligible Arterial
Highway Segment Improvements of the 10-Year Strategic Plan", and Appendix "F" of the TUMF
Nexus Study.
5. Reimbursement Procedure. The AGENCY shall be reimbursed its eligible costs and
expenses upon presentation to WRCOG of an accurate monthly statement certifying that such costs
and expenses are eligible, the authority for such eligibility, and enclosing therewith copies of
invoices and other evidence of payment, and such other information and documentation as may be
reasonably required by WRCOG to verify such costs and expenses.
6. Procedure for the Advancement of Funds. In the event the AGENCY determines
that it has insufficient funds in its possession or control to defray expected eligible costs and
expenses, the AGENCY may, upon 30 days' written notice to WRCOG, apply for an advance of
TUMF Program Funds. Such application shall include a certification that the Funds are to be
utilized to defray eligible Qualifying Project costs and expenses, and shall enclose therewith such
other information and documentation as may be reasonably required by WRCOG to verify the
same. Upon approval thereof, and within 30 days after receipt ofthe application for funds,
WRCOG shall deliver the approved amount to the AGENCY. '-""
7. Records Retention. The AGENCY agrees to retain all Project contracts and related
documents and records for a period of not less than 4 years from the date the Qualifying Project is
completed. The AGENCY further agrees that all such contracts, documents and records shall be
made available to WRCOG for inspection, upon request.
8. Public Acknowledgment. The AGENCY agrees that all public notices, news
releases, information signs and other forms of communication shall indicate that the Qualifying
Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
9. No Joint Venture. This Agreement is for funding purposes only and nothing herein
shall be construed to make WRCOG a party to the construction of the Project or to make it a partner
or joint venturer with the AGENCY for such purpose.
10. Mutual Indemnity. The AGENCY shall defend, indemnify and hold harmless
WRCOG and its officers, agents and employees, from and against all actions. damages, claims,
losses and expenses of every type and description that may arise out of, be related to, or be
occasioned by the implementation of the Project.
WRCOG shall defend, indemnify and hold harmless the AGENCY and its officers, agents
and employees, from and against all actions, damages, claims, losses and expenses of every type
......,
2
AGENDA ITEM NO. 9-
PAGE 4- OF-=t
,......
and description to which it may be subjected to by reason of, or resulting from, the actions or
omissions ofWRCOG in the performance of its obligations under this Agreement.
11. "Additional Insureds" Coverage for WRCOG. The AGENCY agrees to include in
its contract specifications and bid documents a requirement that all contractors shall name WRCOG
and the AGENCY as "additional insureds" on all liability insurance coverage.
12. Dispute Resolution. Any dispute which may arise by and between the PARTIES to
this Agreement shall be submitted to binding arbitration. Arbitration shall be conducted by the
Judicial Arbitration and Mediation Services, Inc., or its successor, or any other neutral, impartial
arbitration service that the PARTIES mutually agree upon in accordance with its rules in effect at
the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. The
arbitrator chosen must decide each and every dispute in accordance with the laws of the State of
California, and all other applicable laws. The arbitrator's decision and award are subject to judicial
review by a Superior Court of competent venue and jurisdiction, only for material errors of fact or
law. Upon a showing of good cause, the arbitrator may permit limited discovery in the arbitration
proceeding. Unless the PARTIES enter into a written stipulation to the contrary, prior to the
appointm~nt of the arbitrator, all disputes shall first be submitted to non-binding mediation,
conducted by the Judicial Arbitration and Mediation Services, Inc., or its successor, or any other
neutral, impartial mediation service that the PARTIES mutually agree upon in accordance with its
rules for such mediation.
~
13. Compliance With the Law. The AGENCY shall comply with all applicable laws,
rules and regulations governing the implementation of the Qualifying Project, including the rules
and regulations pertaining to the participation of businesses owned or controlled by minorities and
women promulgated by the Federal Highway Administration and the federal Department of
Transportation.
14. Notices. All notices or other communications shall be addressed as follows:
If to AGENCY:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention: City Manager
Telephone: 951/674-3124
Facsimile: 951/674-2392
If to WRCOG:
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Deputy Executive Director
Telephone: 909/955-8301
Facsimile: 909/787-7991
,......
3
AGENDA ITEM NO. :;.
PAGE S- OF =t
~.....
15. Integration; Amendment. This Agreement contains the entire agreement between the
PARTIES. Any agreement or representation respecting matters addressed herein that are not
expressly set forth in this Agreement is null and void. This Agreement may be amended only by
mutual written agreement of the PARTIES.
.......",
16. Severability. If any term, provision, condition or covenant of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed by
their duly authorized representatives to be effective on the day and year first above-written.
AGENCY:
CITY OF LAKE ELSINORE
Dated:
By
City Manager
WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS
.....,
Dated:
By
Chair of the Executive Committee
.......",
4
AGENJA ITEM NO. 2
PAGE 6, OF-=t
.,
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o 200 400
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,
TRAFFIC SIGNAL INSTALLATION AND INTERSECTION IMPROVEMENTS
City Of Lake Elsinore
130 S. Main St.
Lake Elsinore. CA 92530
(951) 674-3124
www.lake-elsinore.org
PROJECT ID NUMBER: TRF-0003
PROJECT NUMBER:
"--' By:
~--
"""~-
--
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C/!yoftMe-. GIS
~-
49
AGENDA ITEM NO.
PAQE f OF ~
JI""'"'
CITY OF LAKE ELSINORE
JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY
TO: MAYOR AND CITY COUNCIL
CHAIRPERSON AND REDEVELOPMENT AGENCY
FROM: ROBERT A. BRADY, CITY MANAGER!
EXECUTIVE DIRECTOR
DATE: JULY 11,2006
SUBJECT: FINAL MAP NO. 33164
APPLICANT: ADVANCED INVESTMENTS, LLC .
REQUEST
,.......
Approval of Final Map No. 33164 which consists of approximately 1.69 acres that
are being subdivided into two (2) industrial lots.
LOCATION
The proposed Final Map is located on the north side of Minthom Street between
Chaney Street and Third Street.
BACKGROUND
At their regularly scheduled meeting of February 21, 2006 the City Council
approved Tentative Parcel Map No. 33164.
DISCUSSION
Staff has reviewed the Final Map and finds that it substantially conforms to
Tentative Tract Map No. 33164 and that all Conditions of Approval relative to the
Final Map approval have been completed.
JI""'"'
AGENDA ITEM NO. '3
PAGE / OF 3
L
REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY
JULY 11,2006
PAGE 2
......,
FISCAL IMPACT
None.
RECOMMENDATION
Staff Recommends that:
1. The City Council approve Final Map No. 33164 subject to the City
Engineer's acceptance as being true and correct.
2. That the Redevelopment Agency" Board concur with the City Council
Approval.
3. That the City Council and Redevelopment Agency Board authorize
the City Clerk to accept all dedications, sign the mapand arrange for the
recordation of Final Map No. 33164.
......,
PREPARED BY:
KEN A. SEUMALO, CITY ENGINEER ~~
APPROVED FOR
AGENDA BY:
Attachment: Vicinity Map
....."
AGGNDA ITEM NO. :3
" PAGE 2... OF -3
,......
,......
".-..
VICINITY MAP
FINAL MAP 33164
<
/
CITY COUNCIL
REDEVELOPMENT AGENCY
AceNDA ITEtt1 NO. 3
PACe '3 OF S
/"""'
ORDINANCE NO. 1183
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AUTHORIZING THE LEVY OF A
SPECIAL TAX
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore
(the "City") has received a petition from the landowner of Improvement Area No.
2 of the City of Lake Elsinore Community Facilities District No. 2004-3 (Rosetta
Canyon) (the "CFD") to institute proceedings to increase the amount of bonded
indebtedness authorized to be incurred within Improvement Area No.2 from
$28,000,000 to $33,000,000, the proceeds of which will be used to finance the
acquisition and/or construction of public infrastructure facilities, all pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended, commencing with
Section 53311 of the Government Code of the State of California (the "Act"), and
to alter the existing rate and method of apportionment of special taxes with respect
to Improvement Area No.2 of the CFD; and
~
WHEREAS, on May 23, 2006, the City Council (the "Council") of the City
of Lake Elsinore (the "City") adopted Resolution No. 2006-_ stating its intention
to incur bonded indebtedness in the amount not to exceed $33,000,0000 within
Improvement Area No.2 of the CFD and to consider alteration of the existing rate
and method of apportion of special taxes; and
WHEREAS, notice was published as required by law relative to the
intention of the Council to incur bonded indebtedness in the amount not to exceed
$33,000,0000 within Improvement Area No. 2 of the CFD and to consider
alteration of the existing rate and method of apportion of special taxes; and
WHEREAS, on June 27, 2006 this Council held a noticed public hearing as
required by law relative to the rate and method of apportionment and manner of
collection of the special tax to be levied within Improvement Area No. 2 of the
CFD to pay the principal and interest on the proposed bonded indebtedness of
Improvement Area No. 2 of the CFD, and relative to the necessity for authorizing
the bonds, the purpose for which the bonds are to be issued, the amount of the
proposed debt, the maximum term of the bonds and the maximum annual rate of
interest to be paid; and
WHEREAS, at said hearing all persons not exempt from the Special Tax
~ desiring to be heard on all matters pertaining to the incurring of bonded
AQENDA ITEM NO. 3 I
PAnf= ; tv: S
CITY COUNCIL ORDINANCE NO. 1183
Page 2 of 4
indebtedness and alteration of the rate and method of apportionment of special
taxes were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-97 determining the validity of prior proceedings; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-98 which called an election within Improvement Area No. 2 of the CFD for
June 27, 2006 on the proposition of incurring bonded indebtedness, levying a
special tax and setting an appropriations limit; and,
WHEREAS, on June 27, 2006, an election was held within Improvement
Area No. 2 of the CFD in which the eligible electors approved by more than two-
thirds vote the proposition of incurring bonded indebtedness, levying a special tax,
and setting an appropriations limit.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. A special tax (the "Special Tax") is levied within the
boundaries of Improvement Area No. 2 of the CFD pursuant to the formulas set
forth in Exhibit "A" attached hereto and incorporated by reference in an amount
necessary to pay all of the costs of providing the Facilities, periodic costs, and
costs of the tax levy and collection, and all other costs including amounts payable
with respect to the bonded indebtedness.
SECTION 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in section 53340 of the Act, to determine the
specific special tax rate and amount to be levied for the then current or future tax
years, except that the special tax rate to be levied shall not exceed the maximum
rate set forth in Exhibit "A".
SECTION 3. All of the collections of the Special Tax shall be used as
provided for in the Act and Resolution No. 2006-97 (Re solution Determining
Validity of Prior Proceedings).
SECTION 4. The above authorized Special Tax shall be collected in the
same manner as ordinary ad valorem taxes are coll,ected and shall be subject to the
same penalties and the same procedure and sale in cases of delinquency and
provided for ad valorem taxes; provided, however, the CFD may collect the
AaENOA ITEM NO. 8l
DA~;1 OF 5
'-'"
....""
....""
CITY COUNCIL ORDINANCE NO. 1183
Page 3 of 4
/""
Special Tax at a different time or in a different manner if necessary to meet its
financial obligations.
SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall
attest to such signature. The City Clerk is directed to cause the title and summary
or text of the this ordinance, together with the vote thereon, to be published within
fifteen (15) days after its passage at least once in a newspaper of general
circulation published and circulated within the territorial jurisdiction of the City,
and to post at the main office of the City a certified copy of the full text of the
adopted ordinance along with the names of the c~:)Uncil Members voting for and
against the ordinance.
SECTION 6. This ordinance relating to the levy of the Special Tax takes
effect and shall be in force from and after 30 days from the date of final passage.
A copy of this ordinance shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of
Riverside County.
/""
INTRODUCED AND APPROVED UPON FIRST READING this 27th
day of June, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
~
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CITY COUNCIL ORDINANCE NO. 1183
Page 4 of 4
"-"
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 11 day of July, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
....",
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
."""",
AQENOA ITEM NO. {~ \
PAGE~OF <)j
,..-.
EXHIBIT" A"
RATE AND METHOD OF APPORTIONMENT
,..-
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JULY 11,2006
SUBJECT:
LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCENOTING DELEGATE
BACKGROUND
Annually the League of California Cities requires member cities to designate a
V oting Delegate and Alternate for the annual League Conference.
DISCUSSION
~ The City Council should nominate a Voting Delegate and an Alternate to represent
the City of Lake Elsinore at the League Business Meeting to be held on Saturday,
September 9, 2006 in San Diego.
FISCAL IMPACT
No fiscal impact.
RECOMMENDATION
It is recommended that the Mayor and City Council appoint a Voting Delegate and
an Alternate for the Annual League of Cities Conf~rence Business Meeting.
~
Agenda Item No. :SOl
Page ~ of 6
REPORT TO CITY COUNCIL
JULY 11,2006
PAGE 2
PREPARED BY:
FREDE K RAY, CITY CLERK
APPROVED FOR
AGENDA BY:
""
......,
Agenda Item NO<~~
Page ~ of 6
"""
1400 K STREET
SACRAMENTO, CA 95814
PH: (916) 658-8200
FX: (916) 658-8240
~ ~ ~F~il2~~
~CITIES
",,--
WWW.CACITIES.ORG
June 7,2006
TO: Mayors, City Managers and City Clerks
RE: Designat.ion of Voting Delegate and Alternate for 2006 League
Annual Conference - September 6-9, San Diego
Please review this memo carefully, as new procedures have been adopted regarding
designation of voting delegates and alternates and voting at the Annual Conference.
The League's 2006 Annual Conference is scheduled for September 6-9 in San Diego. An
important part of the Annual Conference is the Annual Business Meeting, scheduled for Saturday
morning, September 9. At this meeting, the Lea~e membership considers and takes action on
resolutions that establish League policy.
In order to vote at the Annual Business Meeting your city council must designate a voting
delegate and may designate a voting delegate alternate.
",,--
Please complete the attached voting delegate form and return it to the League's office no
later than August 15 so that voting delegate/alternate records may be established prior to
the conference. At the conference, voting delegate forms may be returned to the Voting
Delegate desk located in the conference registration area.
Please note the following procedures that are intended to ensure the integrity ofthe voting
process at the Annual Business Meeting.
. Action by Council Required. Consistent with League bylaws, a city's voting delegate
and alternate must be designated by the city council. When completing the attached
voting delegate form, please attach either a copy ofthe council resolution that reflects the
council action taken, or, have your city clerk or mayor sign the form affirming that the
names provided are those selected by the city council. Please note that designating the
voting delegate and alternate must be done by city council action and cannot be
accomplished by individual action of the mayor alone.
. Conference Registration Required. The voting delegate and alternate must be
registered to attend the conference. At least one must be present at the Business Meeting
and in possession of voting card in order to cast a vote.
"""'"
. Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
card may be transferred freely between the voting delegate and alternate, but only
between the voting delegate and alternate. If the voting delegate and alternate find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
-over-
AGENDAITEMNO.~~
PAGE 3 OFL
· Options. ill order to plan ahead for such situations, we suggest that when your council
adopts the initial resolution designating the voting delegate and alternate that they also
designate in a separate action, a second alternate, should one be needed. Verification of
the appropriate city council action to designate the additional alternate should be used by
the individual when requesting new alternate status at the voting desk. (please note: A
League bylaws change will be proposed at this year's conference to increase the number
of alternates to two. However, if enacted, such a change will not go into effect until the
2007 conference.)
"-i1'
. New Seating Protocol during General Assembly. At the Business. Meeting, individuals
with the voting card will sit in a separate area. Admission to this area will be limited to
those individuals with a special stamp on their name badge identifying them as a voting
delegate or alternate. If the voting delegate and alternate wish to sit together, both should
sign in at the Voting Delegate desk and obtain the special stamps on their badges.
The voting procedures that will be used at the conference are attached to this memo. Please share
them with your council and especially with the individuals your council designates as your city's
voting delegate and alternate.
The Voting Delegate desk in the registration area will be open September 6, 7 and 8 and prior to
the Business Meeting on September 9. .The Voting Delegate desk will also be open at the
Business Meeting, but not during a roll call vote, should one be undertaken.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by August 15,2006. If you have questions, please call Debbie Kinsey at
(916) 658-8221.
....,
Attachments:
. 2006 Annual Conference Voting Procedures
. Voting Delegate/Alternate Form
.""
AGEl\J[);,\ 'TEM NO. .L32,
p.AGELoF_ ~ -
-
r'
. " LEAGUE
~ OF CALIFORNIA
. CITIES
1400 K Street, Suite 400. Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Annual Conference Voting Procedures
2006 Annual Conference
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
,2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council designates a voting delegate and an alternate; these individuals are identified in the
Voting Delegate Form provided to the League Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or'alternate, may pick
up the city's voting card at the voting card desk in the conference registration area.
4. Signing Initiated Resolution Petitions. Only those individuals registered and with
signatures on file with the Credentials Committee may sign petitions to initiate a resolution.
r--
5. Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee.
6. New Voting Area at Business Meeting. At the Business Meeting, individuals with the
voting card will sit in a separate area. Admission will be limited to those individuals with a
special stamp on their name badge identifying them as a voting delegate or alternate. If the
voting delegate and alternate wish to sit together, both should sign in at the Voting Delegate
desk and obtain the special stamps on their badges.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JULY 11,2006
/-
SUBJECT:
SUB-COMMITTEE RECOMMENDATION FOR PUBLIC
SAFETY ADVISORY COMMISSION
BACKGROUND
The Public Safety Advisory Commission currently has one vacant seat. The City
Council at a regular scheduled meeting held on June 13, 2006 approved the
appointment of Public Safety Advisory Commissioner Axel Zanelli to a 4-year
term on the Planning Commission. Commissioner Zanelli submitted a letter of
resignation with an effective date of June 23,2006.
,--
The City Council directed the sub-committee to review the Planning Commission
applicant's list and select an individual for recommendation to fill the vacant seat
on the Public Safety Advisory Commission. The term will expire June 30, 2007.
DISCUSSION
The sub-committee recommends the following appointment:
Mike Norkin
RECOMMENDATION
Approve the appointment as recommended by the sub-committee.
,.......
Agenda Item No. ~~
Page --1- of 2
REPORT TO CITY COUNCIL
JULY 11,2006
PAGE 2
PREPARED BY:
FREDE KRAY,CITYCLERK
APPROVED FOR
AGENDA BY:
'-""
-...."
Agenda Item NO.~~
Page ~ of 2
~
/""'
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JULY 11, 2006
SUBJECT:
CONTINUANCE OF AUTHORIZATION TO
PREPARE CEQA COMPLIANCE DOCUMENTS
FOR SPECIFIC PLAN AMENDMENT,
RESIDENTIAL DESIGN REVIEW NO. 2005-27.
TENTATIVE TRACT MAP No. 34346 AND
CONDITIONAL USE PERMIT No. 2005-26 FOR
MISSION TRAIL CONDOMINIUM COMPLEX
(ARI LAKE ELSINORE LLC).
/""'
BACKGROUND
On April 25, 2006, the City Council considered authorization to prepare
. CEQA compliance documents for a proposed Specific Plan Amendment,
Residential Design Review, Tentative Tract Map and Conditional Use
Permit to develop approximately 192 residential condominium units on an
18.97 acre site. The subject property is located at 36275 Mission Trail within
the East Lake Specific Plan. The applicant is ARI Lake Elsinore LLC.
At that meeting, Leonard Leichnitz of LUMOS Communities provided
comments on the project and the Council expressed a variety of concerns as
well (see attached May 9th staff report). The Council subsequently tabled the
item to the May 9, 2006 meeting to allow the applicants to be present to
provide input and answer questions.
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Prior to the May 9th meeting, the applicant . submitted correspondence
requesting that the item be continued. Since that time, the applicants have
met with some of the Council members and City staff to provide an
ACENDA ITEM NO.
PAGE \
3(/
OF d.. <\ .
REPORT TO CITY COUNCIL
July 11, 2006
Page 2 of2
overview of the proposed project and to clarify a variety of issues that were
raised at the April 25th meeting. Moreover, the applicants outlined a variety
of modifications that have been made to the project including a reduction in
the proposed density.
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The applicants have indicated to staff that they will "be in attendance at the
July I I th City Council Meeting to address additional questions or issues the
Council may have.
RECOMMENDATION
Staff recommends that the City Council authorize the .City Manager to
approve an. agreement with HDR Engineering Inc. to prepare the CEQA
compliance documents for Specific Plan Amendment, Residential Design
Review No. 2005-27, Tentative Parcel Map No. 34346 and CUP 2005-26 in
the amount of$91,679.00.
PREPARED BY:
MATTHEW HARRIS
SENIO P
APPROVED BY:
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ATTACHMENTS
1. April 25, 2006 City Council Report and Attachments
2. May 9, 2006 City Council Report
2. Minute Excerpt from April 25, 2006 Council Study Session
3. Minute Excerpt from April 25, 2006 City Council Meeting
4. Minute Excerpt from May 9, 2006 City Council Meeting
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AGENDA ITEM NO.,aL\-
PACE ~ OF Q.\
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
.TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
APRIL 25, 2006
SUBJECT:
AUTHORIZATION TO PREPARECEQA
COMPLIANCE DOCUMENTS FOR SPECIFIC
PLAN AMENDMENT, RESIDENTIAL DESIGN
REVIEWNO.R-2005-27. TENTATIVE TRACT
MAP 34346 AND CONDITIONAL USE PERMIT
2005-26 FOR MISSION TRAIL CONDOMINIUM
COMPLEX (ARI LAKE ELSINORE LLC).
/'*' BACKGROUND
The City of Lake Elsinore servesas.the lead agency to evaluate the
environmental impacts of development projects proposed within the City.
The Community Development Department is responsible forthe preparation
of the necessary i~formation and, depending on the scope and size of the
. project, will either prepare the environmental documents in-house or have a
consultant prepare the documents and studies. The cost of preparing the
environmental analysis is paid for by the project applicant through the
application fee process. The project is known as Specific Plan Amendment,
Residential Design Review No.R-2005-27; Tentative Tract Map 34346 and
Conditional Use Permit 2005-26 for ARI Lake Elsinore LLC.
DISCUSSION
Due to the scope of this project, staff has requested that HDR Engineering
Inc. prepare the CEQA documents (Initial Study and Supplemental
Environmental Impact Report) for the project known as SPA, R-2005-27,
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AGENDA ITEM NO. a-t
PAGE ~ OF ~~
REPORT TO CITY COUNCIL
April 25, 2006
Page 2 of2
TTM 34346 and CUP 2005-26. The proposed cost of preparing the
environmental documents is estimated at $91,679.00.
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FISCAL IMPACT
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The cost of preparing the environmental review will be paid "by the
applicant's fees through the City's cost recovery program. All staff
administrative time and consultant costs are paid from the applicant's fees.
There is no cost to the City.
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to
approve ~l agreement with HDR Engineering Inc.. to prepar~ the CEQA
compliaJ1ce documents for Specific Plan Amendment, .Residential Design
Review No. R.;."2005~27, Tentative Parcel Map 34346 atld CUP 2005-26 "in
. the amoun~ of$91,(j79.00.
PREPARED BY:.
--.,
APPROVED BY:
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ATrACHMENTS
1. Vicinity Map
2. Copy ofBDR Engineering Ine.. Scope of Work Agf~em,e,t
3. Copy of ARI Lake ElsinoreLLCA.uthorizatioJl:foPr.oceed
Letter
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AGENDA ITEM NO. .3-t
PACE 4- OF 'l~
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LAKE ELSINORE
I - 15 FfEEWAY .
-f>.
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CITY UMITS
SEDCO HILLS
,- 15rnL!.:WAY
. VICINr(YMAF
PROJECT
'IICINJ:TY' MAP
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NOT TO SCAlE
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NO SCAlE
April. 12, 2006
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Mr. Matt Harris. Senior Planner
City of Lake ElsillQre
Community Development DepartmentIPlanning Division
130 South Main Street
Lake Elsinore, CA 92530
RE: Proposal for Preparation of California Environmental, Quality Act (CEQA)
Compliance Documentation Services - Initial StudT and Supplemental EIR
East Lake Specific Plan Amendment for Mission Trails Condominiums - City of
Lake PJsinore
Dear Matt:
HDR appreciates the opportunity to prepare this propOsal fQr tbepreparation ofCalifomia
Environmental Quality Act (CEQA) documentation services for the City of Lake Elsinore,
Community Development Department, Planning Division. HDR IS familiar with €ity of
~e Elsinore CEQA procedures and requirements, and has prepared numerous residential
prolect€EQA~ts. including projects within tbe East Lake Specific Plan area.
Ms. Sophia Habl Mitchell would be the HDR project manager for the Mission T~ls
COndortiiDiumCBQAeffort. This project would require a Specific Plan Amendment with
the CBQA documentation anticipated to be anIoitial Study and Supplemental EIR (SEIR).
Sophia bas been involved with comple~~vironmentaJ documentation efforts for multiple
projects in the City of Lake Elsinore aDdthioughout southern CalifQmia.
"-"
PQrsuant to your request, the attached scope of work and CQSt proposaloutlinesthe.CEQA
documentation requirel!ieots for the prep8ljtion of an Initial Study and SEIR for the
Missions Trails CondPiWnium project in the East Lake Specific Plan area
Please review the ~bed scope of work/fee proposal and contact the undersigned should
you have any que$d~.or require further infornudionor c1arification~ ..HDR is, prepared to
begin work i~~1.on the CEQA documentatioo effort upon receipt of notice to
proceed from the City of Lake Elsinore. Please contact Sophia l-labl Mitchell at
858.712.8328 if you ,have any q~ns or comments.
Sincerely,
~~~
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Betti6eho~y..'_.': .'
E&RM-Pr(Jgr4nt. :.,. tinager
S~~~3b1 Mite~n
EnvitonnientalProject Manager
Attachments:
Scope of Work I Cost PropoSal
Standard Hourly Rates
Terms and Conditions
HOR h,i.eeri...I.c.
8690 Balboa Avenue
SUte 200
San Diego. CA 92123
856-712-8400
856-712-8333 (fax)
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CC~
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Scope of Work
~ ApnI12,2006
/""
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Supplemental Environmental Impact Report -
East Lake Specific Plan Amendment For Mission Trails
Condominium Project
ARt Lake Elsinore LLC
City of Lake Elsinore, California
This scope of work for preparation and processing of an Initial Study and Supplemental
Environmental Impact Report (SEIR) has been developed based upOn information provided by
the City of Lake Elsinore, Community Development Department, Planning Division, State
California Environmental Qualit)' Act (CEQA) StatQte (Public Resource Code Sections 21~
21177), the CEQA Guidelines (Sections 15000-1~387) and City of Lake FJsinore, California'
Environmental Quality Act (CEQA) implementing procedures and requirements AND upon
information still to be provided by ARI Lake Elsinore LLC (Applicant).
The purpose of an Initial Study (IS) is to provide the City, as the Lead Agency, withirifotmation
to use as. the basis for deciding whether to prepare an MNJ) or Environmental hnJ>act Report
(EIR). Although project. proponents may not anticipate unavoidable . adverse impacts to reSult
from the proposed project, a detennination on the appropriate type of CEQA document will be'
made by the Lead Agency upon completion of the IS. "
Based upon HDR's past experience on other projects within the EastLalce Specific Plan ~ and
for the purposes of this scope of wor~ this proposal and cost estimate assumes that an SEIR 'Win.
be thedocument~essary for the Lead Agency to approve the proposed project petCEQA;
Project Understanding
It is our understanding that ARI Lake EIsinoreLLC has. submitted a request'to theCitydf Lake
Elsinore Planning Division for appr~val of 222 residential units consisting of townhomes aJld
condominiums on a 19.5 acre site, lOcated off Mission Trail in the East 1,al<<: Specific Plan ar~
The Applicant isreqilesting a Specific Plan Amenclment, Tentativ~Trilct Map,ResideDlial
Design Review, and a Conditional Use Permit. An IiUtial Study aridati SEIR will be'preparedifi
accordance with CEQAand the CEQA Guidelines, .and wm ..iriclude' impact . analysis. 'on
environmental factors where appropriate. HDR also understands that time is of the essence and
that the App~icant has an aggressive CEQA document preparationan,d processing schedule.
For cost estimate purposes, it is assumed that the following technical studies andtelated
information will be prepared and provided on behalf of the Applicafit,and provided to HDR.for.
use in preparing the.Initial.Study and SEIR (must beavaBableinboth hardcopy and electronic
fonnats):
"''"-'-
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Project Description (must include all project features, site access, lighting plan, cut/fill
amounts, signage, retaining walls, etc.)
AlID~tion3lY ActiOnlEntitlemeitt DOcumentation
Site Plan aM Related DeSign fufoni1ation
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April 12, 2006
AGENDA ITEM NO. . (~
PACE~OF a~
Landscape Conceptual Plan
Utility Plan
"Will-serve letters" for water, wastewater, lICe, police, and schools
Architectural Elevations and Artist Renderings
Geotechnical Report
Grading Plan
Hydrology StudylDiainage Concept Plan
Wa(erQuality Management Plan (must include all structural and non~structuraJ BMPs,
BATs, and BCTs)
Traffic Impacts Analysis
Air Quality Analysis
All Biological Studies (including permits needed, all mitigation, and a full discussion of
the MSHCP and MSHCP consistency determination)
Phase I Envirorunental Site Assessment
Site Photographs (needed for project descriptions and for visual imp~ctslviewshed
analySis; should include a photo index showing "to/from" direction of each photo)
Fiscal Analysis; if applicable.
In order to .ineetthe acCelerated .setledule, HDR.wOlII(J. need all of the above .infoimation (~
applicable) in atintely nlanner~ . if these studies ate not available at the time of contract
authorization for the SEIR; there could be a delay in .completion of the SEIR. .
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Task 1 - Project Initiation and Coordination
All projtx;t initiatio,n.:m<.t cpOr<tinaQ99;i<;tlvities.wUI ~cur under this Jasko HDR wiUcoordinate
with the Applic~t~~gather tJienecessarydata .to most efficiently prepare the SEIR. The initial
coordination wiUinclude the following components:
· C<~rdinationwith th~.APPlicanttog~r all necessary data andinfonnation; ;
· Dey,elopt:n,ent ofan 3f>~priate:''table ()f contents" and formaUor the document;
· Discussion wi.threg1Jl.~agencies, as appropriate, to. identify the SEIRapproach to
resource protection in this area; and,
· Identification of additional data needs'.
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Task2-lnitialStudyand Notice of Preparation
HDR wll.)pr~pa(e.~JJliti~'S.tudyptJJ'SUant10.Section .1506p-l:5065 of the CEQA Guidelines to
assis.tin..~temUning the ~ppfopriate,.type of CEQA document f'equired for proposed project. If
the CitY can.@te,nmne. that an SmR willcl~y be req~ Jor .the.proposed project, the. Initial
Study is . not r~uired bu~ ~y. still be desirable. 'lbe . Ini.ti.aI, Study will include the following
co~nts: . ..
· ProjeCt DescriPtion including all. phases of project planning. implementation, and
operation; . . .
· AnJdentificationof~. EnrirOmnentaJ S<<tipg;
· An examination; of;wh..tbe pJO~project wauldbe consistent with 'existing
zoning, plans, and other applicable land use controls, including consistency with the
, Although not anticipated, HDR is aware that chang~ ~te.~i~OIJs.orreg~~~on~occasional1yresultin
the need to amend the contract scope and costs. HDR would cooTdi~teany additional needs with both the
aty and Applicant fOT approvaL ' ... ...
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April 12, 2006
.'-~
AOENDA ITEM NO.~
PAOE ~ OF ~,
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Western Riverside Multi Species Habitat Conservation Plan (MSHCP) per information
provided by the Applicant;
. Determination of level of impacts to onsite envirorunental resources;
. A discussion of the ways to mitigate the significant effects identified. if any. to a level of
less-than-significant;
· CEQA mandatory findings; and.
.. The name of the person or persons who prepared' or participated in the Initial Study.
HDRwill prepare/distribute the Notice Preparation (NOP) for a Draft SEIR for.submittal to the
State OearinghouselOffice of Planning and Research. In addition. the NOP will contain a
discussion of the project description. CEQA requirements. and a detailed project chronology.
HDR will submit up to six (6) copies oCthe Initial Study for City and Applicantreview.
This scope of work assumes that IIDR will prepare and distribute the NOP. including the Initial
Study (up to 50 copies). if needed. The,NOP will be circulated for a 30-day publidagency review
to solicit.comments regarding the scope of the Draft SEIR. All NOP response issues received
during the public review period will be evaluated in the Draft SEIR
/""'
Task 3 - Supplemental Environmental Impact Report
Sub- Task3A: Draft Supplemental ~nviromnental bnpact Report
The Draft SEIR will be prepared,iri (iccor<f4mce with Section J5162 of the CEQA Guidelines.
HDRwill prepare a Screencheck Draft SEIR for review by the City of Lake Elsinore Planning
Division. The Draft SEIR will be prepared in accordance with the provisions of the amended
CEQA Guidelines and will include all CEQA and City required sections based on the previously
circulated NOP. Each envirorunental factor will be evaluated for existing conditions. project
imp~. level. of significan<;e. 9f proj~ impacts. cumulative impacts. level of significance of
cumulative impacts. mitigation measures. and level of significance with mitigation measures
incorporated.
The following provides a brief discUssion of the work to be undertaken for each ofthe key areas
in the DraftSEIR:
Section 1.0 - Introduction and Summary: The introduction will be based on the information
included. in previous doctimentatiotl and include information regarding .the purpo;e of anSEIR
and procedural infOrmation. This section is also intended to provide a quick understaDding of the
proposed'project'spredicted impactS arid mitigation measures. It will identify. in anoverview
fashioo; the proposed project UnderC()nsjderntionand its objectives including any design featttres
that will be implemented.. This sectioil will briefly disCuss the environmeiltal impactS. asSociated
with project implementation (whether. beneficial or adverse; significant as well as. less than
significant). and will contain discussions of impact areas determined to be less than signifin~t
(from thelhitial Study, if appropria.tt~) and. therefore not elaborated on in the Iri1pactsAnatysis
(Section 4.0). '
Section 2.0 - Project Description: The project description wiU.bebased on ififOl11liltion provided
by the. applicant and City. and will include the. project location and. setting. site characteristics,
project ..objectives. and the, characteristics. of the proposed project. inchiding techni~1 studies
done describingilllpact areas determined to. be. less than si,gnificant. This section WiU..aJsO.include
the requested permits and approvals. 'fransinittal of all 'entitlement dOCumentation toHDRin a
timely manner is crucial' tomeeling'.established environmental document preparation and
processing schedules. . ,.
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April 12. 2006
ACENDA ITEM NO.
PACe '\
3L\
OF ~,
Section 3.0 - Genecal Environmental Setting: This section will provide an overview of the
environmental and jurisdictional setting fOr the proposed project. An analysis of the major
environmental characteristics and surrounding land uses will be presented. along with a
discussion of the past. pre$ent. and reasonably foreseeable future projects and activities in the
surrounding areas that will serve as the basis for the cumulative impact analysis.
Section 4.0 - Environmental Impact Analysis: For each potentially significant issue
identified in the NOPlInitial Study, this section of the SEIR will include an updated
discussion of the enviromnental setting, significance thresholds, project impacts, mitigation
measures. cumulative impacts, and the level.. of significance after mitigation. The assessment
of impacts will<be consistent with CEQA requirements and win utilize defined threshold of
significance to determine, the impacts of the proposed.project. Ilis assumed that each of the
environmental issue areas will be discussed based upon. information from a technical
study provided by the Applicant. If any of the technical analysis is missing critical
components, it is assumed that the Applicant's engineer will address. these issues, oc HDR
wiUcomplete this work under a separate authoriiltion. The following is an overview of the
approach to thekeyeiIvironmentalissues: .
Aesthetics and Visual Resources - Existing onsite and surrounding area viewsheds will be
photographed by the Applican4 and <fescribedin this section. Any significantly altered
viewsheds will be described and mitigation measures developed to reduce any impacts to less
than significant. Should~uaI simulations be wartanted,tJiese would be prepared undera
separate authorization. .. It should also be noted that .to reduce aesthetic impacts. aU projects
must ;adhereto..theCity of Lake.Elsinore.architecturill -,nd design standards. . Early
coordination by the Applicant with the CitY Planning staff may avoid the need for design
changes, . .
Air Quiiluy:" IIDR iliCorpdtatethefindings of the air quality impacts teclmical report It is
as&rimed'thattlUsteport will utiliZe a technical airquaJity evaluation pursuarii 10SCAQMD
CEQA'~ideJioeceqliiceinentS.1be existing air basin will be described and county, state and
federal mandated significance thresholds will be documented. Project-related emissions
(COJlSlOlctjon, openU.ion~ an<l~pecial. event) will be documented. for each proposed land. use
and a CO hoi spot analysis wilf be run. Mitigation measures will be proposed in response. to
conclusions of significant project impacts.
Biolocicfll Resollrce~ II'1risdi~tif'nal Wat~,.s. -.HD~win inC9fporatethe bi9logical ~ucv~y
cesultsin~~~~ Dc~S~. Serlsitive spec,i~.dafa!lase3$sessments wil.1 be,initiated prior,.to
anysite.fiel~wOrk. . 'r~ S~ . will ineludea d.$CUS~ion ofe~ng onsite biological
res~t ..iQ~l~in8 ~00d ~nd en~er~.. s~ies, sensitive habitat, ~ state.and
fedCral re~latory agcgcy C<:BOUlCes. ~.potentiat impacts to biological tes()urces 8$ a result
of~,~PWjec:t will Ile, ~ted' Poten(jal-impactswill also be discussed intbe
cont(:Xt octile Western.. Rivcrsi<l~ County .l\fultipl~.. Speci<:B Habitat Conservation . Plan, as.
pf()Vid~ in the b,ipJ~i;cal t~.repprt. Mitig~~n ~ur<:B\Vill be proposed in CespQnse
to cOnclusions of significant piojc:ctimPacts. It is.bnportant to mention that any project
in the back basin area must avoid the 770 acres conserved as part of the prior
agt:'~en~ ~~theCityj.ndtheresou"~agencles.
. Culnvq( R.~u;~es -@J{wi.lj~l1\~tJlC~uJtsof iheculturat r~lCe teclmical study
prepar~Q..,~itfl$k$.q("'is sc~,-c;lr,wQi~ . TbeSEIRWiU includ~ the sununary.. of the
cultqrid.resour~,r~J;<Is ..~cb. 8JJ(turv~tigatio~. ~ ,findings. . PrQject-related ,impacts.to
cul~'~~~j~~'e~~~Cd"~nii:t!g-.pon~ures discussed. This task does not
assUme tribal coordination pursuanno SlJ 18.
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April 12,2006
ACENDA ITEM NO. 34
PACE \0 OF ~~
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Geology and Soils / Hazards / Mineral Resources - Onsite soils and geotechnical conditions
will be evaluated and any related hazards will be documented, as provided in a geotechnical
report provided for the proposed project by others. . Features to be documented include
unstable soils/slopes, historical landslides, earthquake faults and seismic safety zones, and
onsite soil types. Any subsurface work as part of this analysis will be included in the
discussion. Soils and geologic features will be graphically depicted. Project-related impacts
to geotechnical resources will be evaluated and mitigation measures included, if required.
Hazardous Materials - Analysis will include review of historical aerial photographs, county
records and a site analysis, all which. should be part of a Phase I ESA prepared by others for
the proposed project. Mitigation measures will.be included for any identified contaminated
areas.
HydrologylWater Quality - Onsite hydrologic conditions will be summarized and will be
based on the hydrology report prepared by the Applicant's civil engineer. The
HydrologylHydraulic Report must identify the following features: evaluation of 100 year
flood plains, dam inundation areas, existing Qxx runoff volumes, post development hydrology. .
conditions, and any required mitigation measures. All projects within the back basin area
must be elevated to avoid all potential hazards related to Oooding. Depending on the
extent of information, this section may be split into separate sections for Hydrology and
Water Quality.' Water quality information will include Best Management Practices, Best
Available Technology, and Best Conventional Technology.
Land Use - Existing orisite and surrounding land uses, as well as General Plan and zoning
designations, will be documented. Potential inconsistencies. with existing general plan and
zoning designations will be documented and any necess~ initigation measures will be
formulated. Compatibility with adjacent land uses will also be evaluated.
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Noise - The noise analysis, prepared by the Applicant, shall address the acoustical
environment on and surrounding the proposed projeCt site and county, state and federal
mandated significance thresholds will be documented. Project-related noise generation will
be documented arid graphically depicted. Mitigation measures will be included to mitigate
any significant adverse impactstb less than significant levels.
Paleontological Resources -The SEm will include the summary of. the paleontological
resOUrce records search and investigations and findings. ThisSEIR wiUrely upon previous
studies in the area to the e~tent ptaeticable, Project-related impacts topaleontologiclil
resources will be evaluated and mitigation measures developed. if requir~~
Public Services and Utilities - ~sting.public services. and fa~lities wlllch would serve the
project will be documented, incbiding watet, wastewater treatment, solid waste. recycling,
electricity. natural gas. edUcatiQD. police protection, fire protection, recreation. and library
services. Based on previous experienc~ onproj~t$ within the back basin ~ the City
may determine ~at constru~tion oL3D additional school and/or fire substation is
necessary to approve the P~opQSed project. Proje.ct-relatedjmpacts to each public service
and utility will be 4ocumen~ and appropriate mitigation measures will be iDcluded to
reduce impact to less than significant levels.
TransportationffrajJic - HDR will incorpQfate . fwdings from a traffic report that will
docu.ment existing traffic and circulatiQn conditions in the vicinity of the proposed project
an.d project-related .trafficJcirculation impacts. The traff"1C report will be.. prepared to
address City concerns regarding substandard traffic and circulation conditions, and
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April J 2, 2006
ACENDA ITEM NO....d:1--
PACE \\ OF ~,
must be approved by the City Traflk Engineer. prior to incorporation into the Draft
SEIR. The traffic report must be consistent with other studies prepared. in the back
basin area, and must be consistent with the General Plan Update. Project impacts and
iIUtigation measures will be proposed in response to reduce traffic impacts- to less than
significant levels.
Section 5.0 - Proiect Alternatives: Alternatives will be established in discussions among HDR.
the City. and the Applicant. For the purpoSes of this proposal. a total of two alternatives in
addition to the mandatory no project alternative wjll be considered in this section of the SEffi. It
is asslltJ1ed that that the ;lIternatives will include redesign or reduction of density to address
potenti~y significant iss~. For each alternative. a description of the a1ternatiye. _ consideration
of the a1ternative's feasibility in relation to the proposed project's basic objectives. and a
comparative qualitative analysis of the environmental impacts attributable to the alternative
versus. those. associated with the proposed project fOf each of the environmental categories
discussed above will be provided. Consideration of any further alternatives which may be
required will require modifications to the project budget.
Secti0ll6.0:.... G['()wth.Indllcin~ ImpactS: HDR will prepare the CEQA-reqwfed an8Jysis section.
if needed. depending upon changes in dens-ity and land uses. ..
Section 7~0 7"'. Inventory of Unavoidable Adverse Impacts: HDR. will 'prepare the CEQA-'required
analysis section. .
Section 8.0 - Mitigation Monitoring Pro~ram: HDR will prepare the CEQA-required analysis
secti~ rontaining a compilation of mitigation measures presented in the SEIR
Secti()n9.0-Persoos' and Organizati~~ConsultedlReferences: HDR will prepare ~secti6n of
the smR to document all personS and sources thatcohtpbutedto the envirQDmeritalanaly~is.
Screencheck Draft SEIR
HDRwi11submit up to. six (6) copies of the ScreencheckDraft SEIR forCity.and'Applicant
review.
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FollOWIng City and Applicant review of the $cr~k r,>raftSEIR.HPR wiUprep~e:theDraft
SEffi that incorporates final changes as approved by the City. Hi>R 8Ssumesthat changes will
be q~~4ue. .to early c()~t1I~tio.. wi~ ~ City, and previ~,.pp..()val..Qfteclm~1
reportSby,qty pel"S()nnel. , HDR aSSumes.tI1at50cQPiesi?f the Dt:aft. $Emand>technicaI
appeQ(Jiciis \ will b,e provided for di~~~utjo~. JIDR wi.Up~epare the Notice ,of .9>:mpletion. to..' be
distributed albng \vithpub1ic circulatjo~ o(<:tbeDraft$ElRand will~istin, tran$mitting.the
required copies to the State ClearinghoUse.
Sub-T8$.k 3B:Preparation of}tesponse to ConUneritslFinaJ SEIlt.
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Near the' oodclusion:. of the public teviewperiOd.HDRWillworlc' with the- City. uft66btain.3Ji
.conmtents reeeived'orithe Draft SEm.. Aftcc'cohSultationWitbCity and the'Applicam.HDRwiU
prepare ,the. Administrative Final SEIR. -An Admiriistrative;Final'SEIRtemtaimrtg'.proposed
responses to comments and revisions totheDi'aft SElRidentlfied-from reVieW~ntsWill be.
prepared'OIlceall-cODunents are received" It is difficult-to predict public reaction to the Draft
SEffi. For the purposes of this proposal, it is assumed 'that public reaction to the.:document \Viii
be typical and will include a maximum of six (6) conunent letters. In the event, that the public
cornrnents ora the Draft- SEm are greaterthan'e~pectedi HDR wo.uldmeet with the City to.
develop adjUStments- to. the.work program3S 'neceSsary" ; In addition. this Scope does 'notificlude
revisions' totbe Draft SEffi texL ltevisions 10 text wiU be addreSsed iil'a .''COrreCtions artd
ID~
Aoril12.2006
,
AGENDA ITEM NO.~
PAGE \1. OF~
. "........
Additions" section of the Final SEm. Up to six (6) copies of the Administrative Final SEm will
be submitted to the City and Applicant for review.
Upon incorporation of comlilents on the Administrative Final SEm, HDR will prepare the Final
SEm, Mitigation Monitoring Reporting Program (MMRP), and CEQA Findings for submittal to
the City. These documents (Final SEm, MMRP, and CEQA Findings) will be presented at the
City Planning Commission and the City Council meetings. HDR will submit 20 copies each of
these.final documents to the City.
Sub-Task 3C: Mitigation Monitoring Reporting Program
As stated above, HDR will prepare a MMRP for submittal 'With the Final SEm. The MMRP will
contain a compilation of mitigation measures presented in the SEm. These mitigation measures
and the established MMRP will be fully consistent with City policies and programs and will meet
the requirements of Section 21081.6(a) of the Public Resources Code. Hrequested, the MMRP
will be included in the Final SEm as a technical appendix.
Sub-Task 3D: CEQA Findings
As stated above, HDR will prepare requisite CEQA findings and if required, a.Statement. of
Overriding Consideration, for presentation at the Planning Commission and City Council
meetings.
Task 4 - Attendance at Meetings, Public Meetings, and Hearings
r-
This scope of work includes an allowance for a total of up to 16 hours (ProjectManager) of
meetings related to the proposed project. This includes the following:. olle Planning Conutlission
public hearing, and one City Cou~cil public hearing.. HDRwiJlattendanyadditioil~ required
meetings beyond. this allowance, if requested, and will invoice in ~rdance with the fee
schedules in effect ao~ that time, following receipt of written authorization to procee<t
Task 5 - Cultural Resources Technical Study
Under this task, a cultural resources reconnaissance sUrvey will be prepared for the. project area
by HDR's subconsultant, Harris Archaeological. The study would include a literature and records
search at the Eastern InformlUion Center located Univctsity ofoCalifomia.RiveiSide,and culmraJ
resources survey of the Project area where access is available. Site specific historic research will
also be conducted if required. The report will meet CEQA standards assessing thesel)SIDyity of
the areas for cultural resources, and will offer further recommendations. 'The cost includes
recordation of one newly identified archaeological sites or update of previously recorded site. If. a .
Phase n study is necessary, this would occur under a separate contract at the CityiAppHcant.SCi
cost The scope and cost for this task does not assume Native American notification or
coordination pursuant to SB 18.
~
lD~
April 12, 2(>06
ACENDA ITEM NO. ( -3lf
PAOE \ ':> OF ~ '\
,
Schedule
HDR understands that time is of the essence and the CEQA environmental documents will be
prepared in an efficient manner. The following schedule depicts the SEIR preparation and review
process schedule and includes the majo.- project CEQA milestones:
TASK
I: Project Initiation and Coordination
2: lniti;ll Study and Noticeof Preparatio,n
Prepare lnitiai Stud}'
City / Applicant Review
FinalizelI)isbibute Initial StudylNOP
Initial Study Review Period
3: SEIR Preparation
3A: Dtmt SEIR
Prepare Screencheck Draft. SEJR
City / Applicant Review
Prepare Draft SElR fordis9ibU;tiQ~f .
(includes distribution to the State Clearinghouse and other
public;. entities) . i'
praftSEIRPublic Review Period
3D: Final SEIRlPreparationof:Responseto CommentS
Prepate Administrative roW SEIR
City / Applicant Review .
Prepare Final SEIR
3C: Mitigation Monitoring and Reporting Plan
3D: CEQA Findings and Statement of ()ventding'; ConsideratioM
Submit Final SElR.toCityfor Certificmwn
4: Attend8J)ce at Meetin~tPublic M~Dgsand H~rings
5: Cultural ResoiJrces Study
Estimated Project I)UlJltiOD
DURATION
2 Weeks
8 weeks
2 weeks
1 week a
I week
4 weeks
12 weeks
4 weeks
I week a
1 week
6weeb
4 weeks.
2 weeks
. .
1 week"
1 week
1 week
.'week
I week
Ollgoil,lg
2 weeks b
28w~kSC .
· This review pdWd is just 411 ~dqeniIenI;(JIlCiq of Lake El$inoruchdule. In a4dioon;the City lnDY mjiiut
a second review prior to releou of documents for public rcmew.
b Preporaliota of the cultural resources report wiU occur cmU:urrenl with Tasks I and 2
c T1W estimated schedule con be reduced if aU technical studies and supporting information are adeqllDte per CEQA
and provided in a timely manner.
IDA
April 12. 2006
AGENDA ITEM NO.
PAGE \ ~
.......,
'.""
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.~
B-1
OF Q.~
Cost Estimate
r"" The following cost estimate has been prepared to outline costs to complete the above outlined
scope of wOrk tasks. ReirnbursableexpenseS, including travel and technology charges, etc. will
be invoiced in accordance with HDR standard rate schedule. Document reproduction is an
estimate only and a detailed estimate will be obtained prior to document production. Costs are
based upon the HDR standard hourly rate sheet (Attachment A).
TASK
1: Project Inith,tion and Coordination
COST
Task 1 Subtotal .
$ 10,258
2: Initial Study and Notice of Preparation
Task 2 Subtotal
$ 12,781
3: SEIRPreparation
3A: Draft SEIR
3B: Final SElRIResponse to Comments and Errata
3C: Mitigation Monitoring and Reporting Program
3D: CEQA Findings
$ 33,055
$ 10,352
$ 2,844
$ 4.662
7;ask 3 Subtotal
$ 50,913
/"""
4: Attendance.~tM~~ngs,. Pu.lJlic Meetings,. and .Hearings
Task 4 Subtotal
$ 2,167
5: Cultural Resources Technical Study
Task 5 Subtotal
$ 2,000
Document ReP.~od~~~OnlReimb,.rsables
Initial Study CiiyReVJt:Wand Public Review Copies (6+ 50)
Screencheck DraftSElR (6)
Draft SEIR (50)
Administrative FiiIaJ S.ElR Docwnents(6 eac) .
Final Docutttent$>~RapolJSes;Etrata.MMRP, Fitulings (20)
Reprint of Draft SElRfor Planning Commission and (:fly Council
Meelings(20). .
Postage/Mailing
Mileage
$ 2,400
$ 300
$ 4,000
$ ~OO
$ 3,560
$ 1,000
$ 1,600
$ 400
RIR Subtotal
$ 13,560
TOTAL - Tasks 1, 2, 3, 4 and ReproductionIReimbursables
$ 91,679
. Document printiog costs ca.l be eliminated if the Applicant prefers to use a direct bill reproduction account.
/""'"'
IDA
April 12. 2006
AGENDA ITEM NO. ,~
PAGE \ 5 OF d:\
Should the need arise. for additional professional secvices beyond those set forth. in the scOpe of
services due to revisions to the project, the regulatory environment, requirements exceeding our
. specified budget. allowances. HDR will only undertake sucb additional services upon receipt of
authorization by The City of Lake Elsinore.
......,
Authorization
By signing below, the parties are accepting the Terms and Conditions (Attachment B),
and are authonzingHDR to proceed with the proposed scope of work. IN WITNESS
WHEREOF, the parties hereto have executed this Agreement as of the 12th day of April
2006.
"AGENCY" - City of Lake Elsinore
BY:
NAME:
TITLE:
ADDRESS: 130 South Main Street
Lake Elsinore, CA 92530
....."
HDR ENGINEERING, INC.
"~GINEFRJP4". ,
:~: Bdty fkh1!!7
;. '::.c':\!.f:.:,i. ::.':
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TITLE: ...a&~. Prog~ MlU)~ge,r
ADDRESS: 8690 Balboa Avenue
Suite 200
San Diego, CA 92123
lD..'1
April 12, 2006, ..
"'" .~,
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ACENDA ITEM NO.<--~
PACE tb OF ~\
.1..-.......::. ..~...'...............:.:.:..R-....o:,.;'........: ':..1. (;jNECOMPANY
.rJ.....AMii:11,$olu#8i1t..
,-...
Attachemenl A - 20()6 Schedule of Charges for Professional Services
LABOR
Engineers
Senior Company OffICer
Senior .Principal. Engineer
Senior Engineer Section' Manager
Senior Project Manager
Senior Engineer
Project Manager
Task Manager
Project Engineer
Associate Engineer
Staff Engineer
Junior Engineer .
Engineering Intern
Architects
Arch. Senior Project Manager
Arch. Project Manager
Specification Writer
PrQj~~rCf1itectlSenior.Designer
Project Designer
Assistant Project Designer . _
ArchitecfiJrallntern
$226
$210
$190
$185
$165
$135
$127
$115
$100
$82
$71
$50'
$150 .
$130
$110
$11()
$170
$80
$50'
,~entists and .Environmental Planners
Environmental Director $216
RegionaIOir~()r $?OO
Environ: SeniOr Project' Manager $170
Environ. Project Manager $1-40
Seniod3cientistlPlanner $125
Project SCientistlPlanner . $11 0
Associate ScientisttPlanner $105
Staff'ScientistlPlanner/Fieid Monitor $95
Junior ScientistlPlannerlFieid Monitor $80
EnvJron.lntem $55
Technicians
Senior Technician
Project T ectlnician
Staff Technician
GIS
GIS Manager
GIS Operator, .
GISSt~,~at()t
Administrative Personnel
~tr~~,Mhnager
PrOj~'.~~{1t()f'
Word Processor
Clerk
~
$115
$105
$85
$115
$110
$105
$109
....$,~
$75
$45
OTHER DIRECT COSTS
In-House ~nses
· Vehicie'Mileage(Per Mile)
· Photocopies (per copy)
· PIOUing (per square foot)
MylarS
Venums. .
Color
Bluelines
$0.485
$0.10
$3.00
$1.00
$2.00
$1.00
Outside Expenses (reimbursed at 15% markup)
· . Contract Services - Subconsultants. typing
services, printing. etc.
· Miscettar~~Supplies'- Equipment rental.
projeCt,:,~iflC.supPIias. etc.
· Task Qr(Jer related travel expenses -lodging.
airfare;' meals. car rentals, etc.
· Mailin~r-pOStage, courier. overnight delivery, etc.
· CommUnication -long dist&nce telephone,. faxi etc.
ACENDA ITEM NO. c3-t .
PACE \1 . " OF d..\
HDR ENGINEERING, INC.
AUachment B - General Terms and Conditions
1. STANDARD OF PERFORMANCE
The standard of care for aI professional engineering, constA1ing
and related services pedonned or furnished by CONSUlTANT
and its employees under this Agreement wilbe fle can~ and
ski' Ofdinariy used by membefSoJ,<XlNSUlTANTs prot~
practicing mder !he same or slmiIar circunslances at !he same
time am it !he same IocaIty. CONSUlTANT makes no
warranties, express or implied. U1der ltis Agreement or
OItleNAse, in connection wilh CONSUl..T ANrs services.
2. INSURANCE
CONSUlTANT agrees to procure and maintain, at its ~,
Workers' Compensation insurance as requiredbystatule;
EmpIoye(s t.iability of $250,000; AtJtomobile UabiIty Insurance of
$1,000,000 combined single limit for bo<iIy!njt.wyand property
damage~. aI.~ inc:bInqhired~ owned and
non-owned veIicIes; Con1merciaI General UabiIity insurance of
$1,000,000 combined single limIt'for'personaIlrijJry and prOpet1y
damage; and Professlonalllabllity Insutance ot$1,OOO,OOO per .
claim for protection against claims arising 0lI\ of 1he
perfQrmal'lCeof SeMces ~1his.Agr~ealJSE!d by
negflOet1t ads, errors,or omissions for which CONSUlTANT is
legaDy labie. upon request; OWNER shall be made an .
additional insured on Commercial General and Automobile
Uability insurance policies and certificates of insurance wiD be
furnished to !he OWNER CONSUlTANT agrees to indemnify
OWNER for !he claims covered by CONSUlTANTs insurance.
3. This section not used.
4. This section not used.
5. CONTROllING LAW
This Agreement is to be governed by !he law !>f !he state where
CONSULTANT's services are performed.
6. OWNER-PROVlDED SERVICES AND INFORMAnON
OWNER wiI provide a' aiteria and information pertaining to lhe
project In OWNER's possession, and any requirements or
budgetary 1mitaIions. The OWNER agrees to bear fUl
responsibllty for !he teclrical accuracy and content of OWNER-
furnished documents, Information and services.
In performing professional services hereunder, It Is ooderstood by
OWNER that CONSULTANT Is not engaged it rendering any type
of legal. insurance or aocotdng seMces, opinions or advice.
Fur1her, it Is !he OWNER's sole responslbllty to oIJIaIn the advice
of an attomey,lnstnnce COU'lSeIor or ~ to protect 1he
OWNER's legal and financial inlerests.
7. SUCCESSORS AND ASSIGNS
OWNER and CONSULTANT, respectively, bind 1hemselves, their
partners, successors, assigns, and legal representatives to !he
covenants of this AgreemerL Nellhet' OWfER nor
CONSUlTANT wi. assign. stilIet. or1ransfer any Interest In this
Agreement without !he written consent of !he o1her.
8. RE-USE OF DOCUMENTS
None of !he documents,lncbing aI reports, drawings,
specifications, computer software or other items prepared or
furnished by CONSULTANT JUsuant to !his Agreement, are
intended or represented to be suitable for reuse by OWNER or
others on. extensions of !he project or on any other project. Any
......,
reuse without wrillen vedfication or adaptaIion by CONSUlTANT
for !he specific pupose intended will be at OWNER's sole risk and
without I<dty or legal exposure to CONSUlT~.andOWNER
will defend; Indemnify and hold harmteS$CONSulTANT froin'a11
claims, damages,losses and ellpenSes,lncIucIngattomey'sJees,
arising or resuI6ng 1herefrom. Any such verifiqIIion~'adapIaIon
wiD entitle CONSUlTANT to further c:ompensatioo at _ to be
agreed upon by OWNER and CONSUlTANT. .. ." ....
9. TERMINA'QON OF AGREEMENT
OWNER or CONSUlTANT may terminate !he Agr~ it
whole or in pat, by ~ seven (7) days WIitten notice,llte
olher party StbStanIiaIy falls to fuIfiD its oblig3tic)nslRfetl1e
Agreement hough no fault of the terminating party.. Whefe 1he .
mefhod.of payment Is "lump sum,. or cost reirnbtnemef1t,.fle .
IinaIlrwoicewll inc:bIe aI services and expenses ~.wiIh
!he project ~ to !he effective date of termination. An <<iquitabIe ..
adjJstment shaI also be made to provide for tennlnation
setllemenr costs CONSUlTANT Incurs as a result of
commitmer1ts 1hat had become til'fnbefore. termination~and for a
reasonable proCit fOr services performec1..
10. SEVERASIUlY .. . . '.....
If any prOllisiOit of IhIs ~ Is he1if1rlYaidor lII1OOt.~.
!he remalnlniJprovisIons shaD be valid and b1~~;1he.. .
parties. ~9fmore waivers by eilher,party0f,8I.lY~~
term or cqncItipn shaI not be construed by ~other~.~ a~
waiver of any subsequent breach of the same pi"0YiSI0ri; tilfrri ex
condition.
11. INVOICES
CONSUlrAtrtwil Stbnit monIhIy invoiceS fQl',~... ....
rendered aod:QwNERwiII make prompt~Jri ~..
toCONSQlTANrsirMllceS. .. . .... . . .. ...,"
CONSULTANTwiI retain receipts iorr~~frt
general ~IC8YAth Internal ~~.
pertalnlngtothelqlpOl1of~esfor~_taii. ....... '
ptI'pOSeS. Re(:eipts wiI.be av~fQr~by()Yl~R's
audtorsupoliftl<JJesl" ..,..
If OWNER,~ any Items In CONSUlTANT's IoVo!c;eJoP.'Y'
reason,lncIucIng lie lack ot supporting docunentation, OWNER
may temporarily delete the cisputed item and pay !he remai'ing, .
amooot of lhe inYoice. OWNER wiI prompdy notify . " ;.c ~
CONSUlTANT of lie cfspute and request cIariIcation arxVor '
COO'ec:ticn. Nt. any dspute has beensetlled.~TN#r \
wllncbte.lheclsputed Item on a stbsequer(. ~ r" .. .
scheWIed 1Iw01ce, or on a special invoice for !he dSjlUted.ttem
only.
OWNER recogrjzes that late payment of invoices ~fIl extra; '..
OlCpeIlSe$f9rC<>Nstl.TANT. CONSUlTANT ~"~IO
assess 0WNefi InIerest at the rate of one Pf!IC1!lt1I U,,) pjit '., ..::.
month, butldto exceed the maximum rate ~bY"~:oo/
invoices which are.not paid within forty-five (45) day$ from the
date of 1he IrwoIce. In the event uncIsputed ~'CII>.,\ '.. .'
CONSULTANt'S irMlice$ are not paid when clJe.~T~..
also resewe,S-.., ~ after seven (7) days pIf9(~l~.,tc:r
suspend1he.~ of Its $ervIces.tI1OOfN"Abi'~f'
until aI pasfaJe amcJtfts have been paid In fut .', ,.
12. CHANGES
......,
I
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"
<~,......",
1
AOENDA ITEM NO, 3-\
PACE \~ OF a~
The parties agree !hat no change or modilicalion to Ifis
Agreement, or any attachments hereto. shaI have any force or
effect unless the change is redJced to writing, dated, and made
part of lhis Agreement The execution of the change shaI be
~ authorized and signed in the same manner CI$ lhis AgreemErt.
Aqustments in the period of services and in ampensalion shaI
be in acoordance with appicabIe paragraphs and sections of lfis
Agreement Any proposed fees by CONSULTANT are estimates
to perform the services required to compiete the project as
CONSulTANT understands it to be defined. For 1hose projecI$.
jnvoMng concepIual or process development services. activitie$
often are not flMydefinable in the initial pfaming. In any event,
CI$ the project progresses. the facts developed may dictate a
change in the slllVices to be peJformed, M1Ich may aJterthe
scope. CONSUlTANT wil inform OWNER of such situations so
that changes in scope and adjustments to the time of
pelformance and compensaIion can be made CI$ required. If
such change, a<kitional services, or suspension of services
resulls in an mease or deaease in the cost of or time required
for peJformance of the services, an equitable a<fjllStmel1t shaI be
made, and the Agreement modified accordingly.
13. CONTROLUNG AGREEMENT
These T enns and Conditions shall take precedence over any
inconsistent or contradictOly provisions contained in any
proposaI,ptM'chase order, reqtAsltion. notice-to-proceed, or II<e
document In resolving inconsistent or conIra<fctory provisions
between this Agreement and the Task Order pertaining to a
specific project. the terms of the Task Order shaD control'
14. EQUAL EMPLOYMENT AND NONDISCRIMINATION
In corlnection with the service$ under lfisAgreement,
CONSUlTANT agr~ to comply with the ~eprQVi$j<)ns
of federal and state Equal Emp/Oynient ~Iy,aitdolher
empIoymert, statutes and regulations.
r--
15. HAZARDOUS .MATERIALS
OWNER represents that, to the best of its knowledge and
belief,.1t has disclosed to CONSUlTANT the existence of
known hazardous materials. including but not limited to
asbestos, PCB's, petroteum, hazardous waste, biohazards or
radloaclive materialloca~ at or nearlJ.le~,~~~ ;. ' ",
lncIudlng type, quantity aOdlocatlon of ~;~ "."
materials_ OWNER acknowledges 1haI'~TANJi$!nGf
and shaI not be coosi<Jered ij) the ~qf~ c....; ii .'
materials, substances, or wastes in pertormiflO services tor the
proJect; (ill the operator of a waste management facIIlty; (iii) the
generator, stofer. or ~spQ$8fof~~or;$OIId wa$je,~Q!;
(IV) to have atrai1ged for the transpoitation Or di$pOsaiOf any "
wastes, pollutants. or contaminants by virtue of the
performance of CONSUlTANT's services under Ihis
Agreement or anything contained herein, as those terms are
used In the Resource Conservalion and Recovery Act
rRCRA1. as amended, the Comprehensive Environmental
Response. Compensation and UabiIity.Ac:I (CERClA1. as
amended. or any other federal. state:Sfi\iut4J'tW'reguration
goverilg thetreatmel)t. ~ticln;Si~. or disposal of
substances, materiafs. Qrwast~. U~1'ANT's services
hereunder cannot be performed becaus~rbf1f1e'exlstenoo of
undisclosed hazardous ~Nri*. ~INIT shaI be
entitled to terminate lfis Agreement for cause on 7 days
written notice. To the fullest extent permitted by law, OWNER
shaBlndenVliIy and hold harmless CONSUlTANT. its ofIk:ers.
drectors. par1ners. employees, and subconsUtants from and
against aI costs, losses. and damages (IncludinCJ but not
limited 10 aI fees and charges of CONslllTANTs. 8td1itects.
attorneys. and other professlonals, and aI court or arbitration
or other dispute resolution costs) caused by. alleged to be
caused by. arising out of or resulting from such materials.
provided that (I) any such cost, foss. or damage Is attributable
to bodIy injury. sickness. disease, or death. or InjUry to or
destlUcllon of tangible property (other than completed Work).
including the loss of use resulting therefrom. and (ii) nothing in
~
HOR EngIneering, Inc.
General Tenns & Conditions lor
EngneerIng and Ef1IIironmeotal Services
lfis paragraph shall obligate OWNER to indemrify any
indMduaI or entity from and against the consequences of that
lndMduaI's or enIiIy's sole negligence or willful misconduct.
16. EXECUTION
lllisAgreement, including theexlWbits and schedAes made part
hereof. consti1Ute the entire ~eemenI between CONSUlTANT
and OWNER. Supersedes and controls over aI prior written or
. oral ooderstandings. 1lis Agreement may be amended.
SURJIeinented or modfied ooIy by a written instrmlent dJIy
executed by the parties.
17. UMfTA110N OF LlABIUTY
CONSUlTANT's and its employees' totaIliabi&1y to OWNER for
any loss or damage, Including but not Imlted to speciaf and
consequential damages arising out of or in connection with the
perIormance of seMces or aTrf other cause. including
CONSUlTANT's and its employees' professional negigentacts,
errors, or omissions. shaa not exceed the lesser of $50,000 or the
totaJ compensation received by CONSUlTANT hereunder.
except as otherwise provided under this Agreement, and
OWNER hereby refeases and holds hannless CONSUlTANT
and its employees from any liability abOve such amount.
18. UTlGAllON SUPPORT
In the event CONSUlTANT is requited to respond to a
sWpoena, government inqufry Of 01her1egal process related to
the ~ in oonnectionwith a legal or dispute resokItion
proceedng to v.t1Ich CONSULTANTls not a party, OWNER shaI
reimburse CONSULTANT for reasonable costs in responding
and compensate CONSUlTANT at its then standard rates for
reasonable time inct.ITe4ln gathering information and documents
andattenling.~;heatfws. and trial.
19. this section nOt Used.
(912004)
2
ACENDAITEM NO. 3-\-
PACE. \~ OF ~\
ARI Lake Elsinore LLC
16661 Ymfllr. Blvd.. Suite 712
EDciRo. e4. t) UJ6
Phone: 818-J15-8842
FIt.:t: 8/,s.;906-9859
April 14. 2006
Matthew C. Harris
Senior Planner
City of Lake Elsinore
130 South Main Street
Lakerosinore, Ca. 92530
Re: Condominiwll Complex@ MiSsion'Trails (CUP 2005-26, R-2005-17~1TM 34346)/'
Proposal for CEQA Compliance Documentation Services
Dear Matt:
111is will confirm that ARl Lake Elsinore LLC hereby acceptsf:IDR's Proposal for
Preparation of California Environmental Quality Act (CEQJ\}Compliance
Docwuentation Services - Initial Study and Supplemental EIR dared ApnI12,2006~
Please feel:free to call with any questions. Thank youfotyol!fhelp~ahdQestpef$OnaI
regards. . "
SiliCerely~, .
--a.........~...'...:..-,.:..........
. .. ,-- . "
. .! :. ~
. - . , . .
. " -' ." - .
PetetBaclummn
Cc; Jason Kamm
Wendy Worthey
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ACENDA ITEM NO. ;a...\-
PACE :,) 0 OF 2..,
,......
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MAY 9,2006
SUBJECT:
CONTINUANCE OF AUTHORIZATION TO
PREPARE CEQA COMPLIANCE DOCUMENTS
FORSPECIFIC.PLAN AMENDMENT,
. .
RESIDENTIAL DESIGN REVIEW NO. R-2005-27.
TENTATIVE TRACT MAP 34346 AND
CONDITIONAL USE PERMIT 2005-26 FOR
MISSION TRAIL CONDOMINIUM COMPLEX
(ARI LAKE ELSINORE LLC).
./'""
BACKGROUND
On April 25, 2006, the City Council considered authorization to prepare
CEQA compliance documents for a proposed Specific Plan Amendment,
Residential Design Review, Tentative Tract Map and Conditional Use
Permit to develop approximately 215 residential condominium units on an
18.97 acre site. The subject property is located at 36275 Mission Trail within
the East Lake Specific Plan. The applicant is ARI Lake Elsinore LLC.
Leonard Leichnitz ofLUMOS Communities provided comments on the
project at the April 25, 2006 Council Study Session. Mr. Leichnitz identified
two issues in association with the project. First, he felt that the City should
develop a vision for this portion of the Specific Plan area given that several
property owners were coming forward requesting R - 3 zoning and associated
condominium developments. Second, Mr. Leichnitz indicated that traffic
circulation within this area could become a problem ifnot planned
adequately. He expressed concern regarding the potential for multiple
,...... driveways along Mission Trail as well as potential conflicts with the current
ACENDA ITEM NO. 2H
PACE ~ , OF Q.'\,
REPORT TO CITY COUNCIL
May 9, 2006
Page 2 of 2
circulation plan for this area which specifies an interior loop street that
parallels Mission Trail that would be compromised if this and other
developments in the area are approved as proposed.
......,
The Council felt that Mr. Leichnitz brought up valid points and also
expressed strong concerns about the proposed project relating to the
proposed density, proposed land use and associated land use
incompatibilities with existing adjacent development
Subsequent to discussion, the Council voted to table the item for two weeks
and directed staff to request that the project applicant attend the next City
Council meeting so the Council could convey their concerns directly to the
applicant
The apflicant has indicated to staff that he would be in attendance at the
May 9t 'CityCouncil,Meeting.
PREPARED BY:
MA. TTHEWHARRIS
. .
SENIOR ilL NER
APPROVED BY:
....."
ATTACHMENTS
1. April 25, 20,06, City Council Report and Attachme9ts
. .
2.M~nute Excerpt from April 25, 2006, Council Study Session
3. Minute Excerpt from April 25, 2006 City Council Meeting
, ...>....""
ACENDA ITEM NO'_L~
PACE_ ~~ OF_ ':{~
~
~.
""'"'
MINUTE EXCERPT
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
LAKE ELSINORE, CALIFORNIA
TUESDAY, APRIL 25, 2006
*************************************************************
BUSINESS ITEMS
32.
Authorization to prepareCEQA compliance documents for Specific Plan
Amendment, Residential Design Review No. R-2005-57, Tentative Tract
Map No. 34346 and CUP 2005-26 for Mission Trail Cond~minium Complex
(Ari Lake Elsinore LLC).
LeonardLeichnitZ,LUMOSCommunities, commented that John Laing
Homes spent an estimated' 4 years on their master plan for the back basin.
He noted that his company had invested more than 2 years of man hours and
consuItingfees trying to plan an attractive master-planned community. He
noted that, therewete approximately 120 acres along Mission Trail that were
not part ofLUMOS Communities or John Laing Homes. He noted that out
of the 120 acres on Mission Trail, 40 of those acres were owned by Alesco
who was planning a: retail project. He noted that he had spoken to most of
the owners for the-temaining 80 acres and each of them had indicated tohi:rn
their intention to come before Council to request a zone change to R~3 so
they could put high-density condominiums.
Mr. Leichnitzindicated that he realized the item before Council was in
relation to approval to prepare CEQA compliance documents. He noted that'
he had no objection with the City and the developer working together to look
at the environmental impacts of development. He indicated that he wanted
to focus Council and staff's attention on 2 issues. First, he inquired what the
City wanted those 80 acres toJook like along Mission Trail. He indicated
that under the current Eastlake Specific Plan, virtually all of that area was
zoned.'fof'R-l. ,He noted:thatsome part of it was zoned for R-2, which
included the nursery:.paFcet He noted that the nursery parcel was currently
zoned for 7.8 dwelling:units per acre under the existing East Lake Specific
Plan. He noted that he did not have a problem with a good quality
ACENDA ITEM NO. 3-t
PAOE ~3 OF 1'\
.
Page 2 - Joint City CouncillRedevelopment Agency Study Session
Excerpt - April 25, 2006
~
condominium project. He asked Council and staff to develop a vision for
that area and to anticipate the consideration of other land owners for that
area coming forward to request R - 3 zoning.
Mr. Leichnitz noted that another concern he had was circulation. He noted
that John Laing Homes and LUMOS Communities were going to be
spending a lot of money upgrading intersections at Mission Trail,. He nQted
that this concerned him since there was supposed to be a 4-lane artery and he
would rather not have a whole bunch of driveways from the 80 acres on to
Mission Trail. He indicated that the last application for this item that he had
seen had 2 driveways for every possible development. He noted tbat under
the current East Lake Specific Plan there is a street that parallels Mission
Trail behind where that development would be occurring; which would
dissect each one of those parcels. He noted that~e suspected that each one
of those developers would want to come forward and indicate that tbeydid
not want to build that street in the middle of their project He noted that the
first time that staffor Council allows one developer to do that; it would be
the last time that circulation, which was currently apart oft~e plan, would
be feasible.
"
~
Mr. Leichnitz noted that he wanted to bring those issues forward to Council.,
He noted that he was sure that Counoil would give wise consideration to the
issues he addressed.
Councilmember Hickman noted that Mr. Leichnitz brought up a good point.
He commented on what the view would. be like if condominiums lined
Mission Trail.
Mayor Magee commented'on the proposed project of apartments near
Summerhill. He noted that he thought that theresidentsoftbat area wbuld
be upset due to the proposed. density by the JandowneL>
Mayor Magee indicated tbatItem No. 32 was before Council to support,the
selection of a consultant to prepare CEQA compliance d~uments. He:i1oted'
that he trusted staff wOlild relay this, conversation totbeapplicant.,
"
AOENDA'1EM NO...., ~\ -
PACE ~ '--\ OF - ",
;--
Page 3 - Joint City CouncillRedevelopment Agency Study Session
Excerpt - April 25, 2006
Councilmember Buckley inquired, if CEQA compliance documents were
approved, if Council could add direction to the project for going forward as
part of the approval.
City Attorney Leibold noted that other than relaying those concerns, she did
not believe that any mandatory condition relating to the proposed project
was appropriate. She noted that the property owner could apply for a land
use entitlement. She noted that the City was obligated to process that
entitlement application. She noted that this step allowed for the
environmental evaluation of all. significant environmental impacts. She
noted that the Council and the Planning Commission would have an
opportunity to review the environmental documentation and determine its
adequacy and to evaluate the underlying project compatibility and
appropriateness for the property.
. /--
Councilmember Buckley noted that senior homes would be agood location
for that area. He noted that the street that Mr. Leichnitz spoke of would
connect 3 or 4 properties to have one light.
City Attorney Leibold noted that CouncilmemberBuckley'scoIlllllents had
to do with project design, environmental analysis and appropriate mitigation
measure to eliminate or .mitigate to a level of insignificance any potential
impacts. She noted that the item before Council was nota land use issue.
She noted that other than Council's desire to convey 'its concerns about the
proposal, there was not much more that Council could do in terms of any
sort of mandatory condition or limitation relating to the project in the
context of its approval of the consultant contract to preparecCEQA analysis.
Council member Buckley noted that if the proposed project bothered
Council, they did not have to approve it.
City Attorney Leibold noted that the developer pays for the environmental
analysis. She noted that Councilmember Bucld~y was making a.land-use
decision. She noted that other than conveying concerns, if,the developer or
the property owner wanted to pursue a project that the Council had
,-....
ACENDA ITEM NO. d-}
PACE ~5 OF ~'\
Page 4 - .Joint City CounciURedevelopment Agency Study Session
Excerpt - April 25, 2006
-\
......"
outwardly expre~sed concerns about - it would be inappropriate to shut it
down at this point.
Councilmember Hickman commented that he did not want to see the condos
there and did not want the property owner to waste their money preparing
CEQA compliance documents.
City AttomeyLeibold noted that the decision was up to the property owner.
She noted that staff may want to convey Council's conversation on the Item
to the property owner.
City Manager Bradyindicated that the conversation would. be conveyed.
Council member Kelley noted that the overall General Plan needed to be
addressed. She noted that Mr. Leichnitz noted some valid points.
Councilmember Buckley noted that he was ~sure Council would be hearing
from the property owner regarding the concerns that were addressed. He'
noted that it was Council's job to make sure they make the correct decision
for the City.
......"
Mayor Magee noted that the property was, within the ,EastLake Specific Plan
which allowed for high-density residential at the ,Couficil' s discretion. .
City Manager Bradyindicated that there was a land use amendment that
would have to be made by an. amendment to the East Lake Specific Plan.
. Councilmember Buckley inquired . what the point would, be. for going thrOl.lgh
with Item No. 32 based on Council's conversation.
City Attorney Leiboldnoted.that it was a business decision. She indicated
that the property owner had the right to request the City tQ,consider a
specific plan;amendment. She noted thaf,they could..nptsubmit that request
without having: adequately evaluated the .potentialenvironment impacts
which was the purpose for the agenda item.
...^.....
'""
AGENDA ITEM NO. ~'\
PACE ~-b OF . ~
MINUTE EXCERPT
~
CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE,CALIFORNIA
TUESDAY, APRIL 25, 2006
*************************************************************
BUSINESS ITEMS
32.
Authorization to prepare CEQA compliance documents for Specific
Plan Amendment, Residential Design Review No. R-2005-27,
Tentative Tract Map No. 34346andCUP'2005-26 for Mission Trail
Condominium Complex (Ari, Lake Elsinore LLC).
"...-.-,
Mayor Magee introduced the Item and deferred to Community
Development Director Preisendanz.
Community DevelopmentDirector Preisendanz gave.an overview of
the Item. He noted that the Item required the preparation of CEQA
documents. He 'Ilotedthat the project was'currently in . the process of
being reviewed, by staff. .He noted thatthe Item before Council was'.
only a request to prepare CEQA documents.
MOVED BY BUCKLEY, SECONDED BVffiCKMAN TO TABLE
THE ITEM.
Mayor Pro Tern Schiffner stated that the project itself was not before
Council. He noted that the Item was solely to prepare CEQA
documents which were paid for by the land owner. Mayor Pro Tern
Schiffuer made the following substitute motion.
MOVED BY SCffiFFNER, SECONDED BY MAGEE TO APPROVE
THE AGREEMENT WITH HDR ENGINEERING TO PREPARE
CEQA COMPLAINCE DOCUMENTS.
;-
City Attorney Leibold requested clarification if Councilmember
AGENDA ITEM NO. 34
PAGE ~\ OF ~~
Page 2 - City Council Meeting Minute Excerpt - April 25, 2006
Buckley's motion was a continuance for 2 weeks.
Councilmember Buckley confirmed.
Council member Hickman stated that he would have liked the
applicant for the Item available so they could hear Council's
discussion first hand. He noted that his concern had to do with the
project the applicant wanted to go forward with once CEQA
compliance documents were prepared.
Mayor Magee noted that there was a lot of discussion entertained by
every member of Council during the Study Session. He indicated that
during that discussion, he did not hear any Councilmember say that
they would be in support of the project to be studied.
Mayor Magee noted that the City Clerk had been directed to take
meticulous notes for the-meeting minutes so they could be reviewed
by the applicant so they knew clearly, before they began spending
money on an environmental document which would ultimately go to
evaluate a project that currently did not have a single vote ofsupport
by Council. He noted one of the issues that Council had was that the
applicant seriously reconsider their proposed density.
THE FOREGOING SUBSTITUTE MOTION FAILED BY A 2-3 VOTE
WITH BOCKLEY, HICKMAN AND KELLEY CASTING THE
DISSENTING VOTE.
THE FOREGOING MOTION: TO-TABLE mE-ITEM FOR TWO
WEEKS WAS APPROVED WITH A 3-2 VOTE WITH SCIDFFNER
AND MAGEE CASTING THE DISSENTING VOTE.
~ AOENDA ITEM NO. ~L\'
PAOE ~ OF ~~
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,.......
MINUTE EXCERPT
CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
LAKE ELSINORE, CALIFORNIA
TUESDAY, MAY 9, 2006
..........................................................................
BUSINESS ITEMS
31. Continuance of authorization to prepare CEQA compliance
documents for Specific Plan Amendment, Residential Design Review
No. R-2005-27, Tentative Tract Map No. 34346 and CUP 2005-26 for
Mission Trail Condominium Complex (Ari Lake Elsinore LLC).
Mayor Magee commented that a letter from the applicant had been
received to continue the item. .
.~
Pete Dawson, 18010 Grand Avenue, noted that he was concerned with
high-density projects. He noted that high-density zoning was not
appropriate or desirable. He suggested that the developer build their
project in Orange County.
. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND
CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO
CONTINUE ITEM NO. 31 TO THE JUNE 27, 2006 COUNCIL
MEETING.
,.......
ACiENDA ITEM NO. ,~
PACiE ~~ OF ~'\
;---
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JULY 11, 2006
SUBJECT: AMENDMENT TO LAKE ELSINORE MUNICIPAL CODE,
CHAPTER 9.42 REGARDING REGULATION OF LARGE
PARTIES
BACKGROUND
Earlier this year, the City Council authorized the Public Safety Advisory
Commission, working in conjunction with City Staff and the City Attorney's
office, to revise the City's existing ordinance pertaining to regulation of "large
;--- parties."
The Public Safety Advisory Commission (PSAC) and the Lake Elsinore Police
Department had expressed concern that large parties requiring repeated police
call-outs posed a significant risk to the community because police resources
were necessarily diverted from normal patrol and law enforcement activities.
The PSAC closely considered several possible amendments to the City's
existing large party ordinance -- Chapter 9.42 of the Lake Elsinore Municipal
Code (LEMC). City Staff also consulted with Chief Fetherolf.
On June 14, 2006, PSAC voted to recommend the attached amendment to
Chapter 9.42.
DISCUSSION
The PSAC believes that the proposed amendment will act as an incentive to a
large party host to control unruly guests and, failing such incentive, will impose
a significant charge to reimburse the City for repeated police call-outs.
/"""
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REPORT TO CITY COUNCIL
JULY 11, 2006
PAGE20F3
....,
The guiding rationale for the amendment is set forth in the revised purpose
statement in Section 9.42.005:
". . .return calls require significant police personnel and equipment.
As a result, the Police Department's ability to deter criminal activity is
reduced due to the lack of police presence throughout the City and
police resources are not available to quickly respond to other criminal
activity. The Ordinance will assist the City in maintaining adequate
levels of police protection throughout the City so as to maintain a safe
community for our citizens."
A summary of the proposed changes to Chapter 9.42 are set forth below:
· Title change stresses "charges for..." rather than "use of police services"
(Chapter 9.42);
· Purpose statement added to emphasize that repeated police call-outs
unnecessarily drain police resources as noted above (9.42.005);
· Definition of large party as group of ten (10) or more persons (9.42.010
B);
. Escalating charge of $500 for first security assignment (2nd call after
initial visit or warning) and thereafter (9.42.010 D);
. For calculating charges on any subsequent security response(s), the
timeframe from the first call is shortened from thirty (30) days to ten (10)
(9.42.020/9.42.030); and
. Appeal procedures are provided similar to the City's appeal process for
administrative citation (9.42.050).
......",
FISCAL IMPACT
The proposed services charge may result in offsetting revenues to the City for
repeated police call-outs; however, the ordinance's main objective is to serve as
a deterrent.
Agenda Item No. ~
Page ;;t- of /0
'-'"
REPORT TO CITY COUNCIL
JULY 11,2006
"........ PAGE30F3
RECOMMENDATION
Approve the first reading of the attached Ordinance No.I~l.{ amending Chapter
9.42 of the Lake Elsinore Municipal Code.
PREPARED BY:
MARK E. DENNIS, INFORMATION &
COMMUNICATIONS MANAGER
APPROVED FOR
AGENDA BY:
"........
"........
Agenda Item No. ,3C:;
Page 3 of /0
ORDINANCE NO. /I~Lf
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AMENDING AND RESTATING CHAPTER
9.42 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING LARGE PARTIES
.......,
WHEREAS, Chapter 9.42 of the Lake Elsinore Municipal Code regulates
large parties in the City of Lake Elsinore; and
WHEREAS, in order to enhance the deterrents set forth in Chapter 9.42, the
City Council has determined to amend Chapter 9.42.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 9.42 of the Lake Elsinore Municipal Code is
hereby amended and restated as follows:
CHAPTER 9.42
.......,
CHARGES FOR POLICE SERVICES AT LARGE PARTIES,
GATHERINGS OR EVENTS
9.42.005 General purposes. The City Council finds and determines that large
parties, gatherings or events on private property can constitute a threat to the peace,
health, safety or general welfare of the public. Police officers have been required
to make many return calls to large parties, gatherings or events in order to disperse
unruly participants. Such return calls require significant police personnel and
equipment. As a result, the Police Department's ability to deter criminal activity is
reduced due to the lack of police presence throughout the City and police resources
are not available to quickly respond to other criminal activity. The Ordinance will
assist the City in maintaining adequate levels of police protection throughout the
City so as to maintain a safe community for our citizens.
9.42.010 Definitions. The following words, phrases and terms as used in this
chapter shall have the meaning as indicated below:
""'"
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fi;;;:;;uL 't .Cf. 10
CITY COUNCIL ORDINANCE NO.
PAGE20F5
r'.
"First Response Notice" means a notice issued by a police officer pursuant to this
chapter advising a responsible person that a loud party or noise disturbance is
taking place and that the disturbance must cease.
"Host" means a person who owns the property where the party, gathering or event
takes place; the person in charge of the premises and/or the person who organizes
the event. If the host is a minor, then the parents or guardians of that minor will be
jointly and severally liable for the charge incurred for police services.
"Large party, gathering or event" means a group of ten (l0) or more persons who
have assembled or are assembling for a social occasion or for a social activity.
r'
"Police Services Charge" means the charge to recover the cost to the City of any
Special Security Assignment. Such charge may be either a flat charge of (i) five
hundred dollars ($500) for the first security assignment, (ii) one thousand dollars
($1,000) for the second security assignment, (iii) one thousand five hundred dollars
($1,500) for the third and any subsequent security assignment; or, as an alternative
to the foregoing flat charge, an itemized charge based on, but not limited to,
salaries of police officers while responding to or remaining at the party, gathering
or event, the pro rata cost of equipment, the cost of repairing City equipment and
the property, and the cost of any medical treatment of injured police officers.
"Special Security Assignment" means the assignment of police officers, services
and equipment during a second or subsequent response to the party, gathering or
event after the distribution of a First Response Notice to the host that a Police
Services Charge will be imposed for costs incurred by the City for any subsequent
police response.
~
9.42.020 Initial police responses to large parties, gatherings or events.
When any police officer responds to any large party, gathering or event, and the
police officer encounters (1) one or more persons who are causing an inordinate
amount of noise or commotion or behaving in such a manner which constitutes a
threat to the public peace, health, safety, or general welfare, the police officer shall
issue a First Response Notice to the host or hosts. Such First Response Notice
shall also advise the host that a subsequent response to that same location or
address within a ten (10) day period shall be deemed a Special Security
Assignment rendered to provide security and order for the party, gathering or event
and that the host shall be liable for a Police Services Charge.
~~~~n'i;..~~.. 8S'
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~ll _'_
CITY COUNCIL ORDINANCE NO.
PAGE30F5
'-'
9.42.030 Subsequent police responses to large parties, gatherings or events;
liability. If after a First Response Notice is issued pursuant to Section 9.42.020,
all subsequent police response or responses to the same location or address within
a ten (10) day period shall be deemed a Special Security Assignment. Persons
previously warned shall be jointly and severally liable for a Police Services Charge
as defined in this chapter.
The amount of such charge shall be a debt owed to the City by the person or
persons warned, and if the person is a minor, the debt shall be owed by his or her
parents or guardians. In no event shall the charge be more than one thousand five
hundred dollars ($1,500), provided, however, the City reserves its rights to seek
reimbursements for actual costs exceeding one thousand five hundred dollars
($1,500) through other legal remedies or procedures.
9.42.040 Cost, collection. The City Manager or designee shall notify the
Director of Administrative Services in writing of the performance of the Special
Security Assignment, the name and address of the responsible person or persons,
the date and time of the incident, the services performed, the costs thereof and such
other information as may be required. The Director of Administrative Services
shall thereafter cause appropriate billings to be made. In the event billings are not
paid when due, the Director of Administrative Services shall have the authority to
collect said billings through a small claims action or, based upon action of the City
Council after noticed hearing, place the delinquent billing on the equalized tax roll
for collection.
"'"
9.42.050 Administrative appeal. An administrative appeal of a Police
Services Charge may be made in the same manner as the appeal procedures set
forth for administrative citation in Chapter 1.20, Administrative Citation
Procedure.
9.42.060. Affect On Criminal Prosecution. The provisions of this chapter are
an additional authority for the regulation of loud or unruly disturbances, and shall
supplement and not replace the enforcement of any other available law or
ordinance of any type, including, but not limited to, ordering persons to
immediately disperse along with the arrest or citation of violators of State of
California law or any other regulation.
SECTION 2. SEVERABILITY. If any provision, clause, sentence or paragraph
of this Ordinance or the application thereof to any person or circumstance shall be
"'"
I&CIJIBDJUrtlU40. -'3~-
I\tQ! , Of I 0
CITY COUNCIL ORDINANCE NO.
PAGE 4 OF 5
,.........
held invalid, such invalidity shall not affect the other provisions of this Ordinance
and are hereby declared to be severable.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect thirty (30)
days after the date of its fmal 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.
INTRODUCED AND APPROVED UPON FIRST READING this
,2006, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
,.........
PASSED, APPROVED AND ADOPTED UPON SECOND READING
, 2006, upon the following roll call vote:
A YES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
,.........
~\rrua JiIO. _?f=;
MOl" Of /0
CITY COUNCIL ORDINANCE NO.
PAGE 5 OF 5
ATTEST:
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
,..",
,..",
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ORALS AND WELFARE
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9.42.010
Chapter 9.42
USE OF POlleE SERVICES AT LARGE
PARTIES OR OTHER ACTIVITIES
Sections:
9.42.010
9.42.020
DefinitioJUL
Initial police responses to large
parties, gatherings or events.
Subsequent police responses to
large parties, gatherings or
events; liability.
Cost; coUection.
Adminiatrative appeal.
9.42.030
9.42.040
9.42.050
9.42.010 Definitions. The following
words, phrases and terms as used in this
chapter shall have the meaning as
indicated below:
A. "Large party, gathering or event"
means a group of persons who have as-
sembled or are "assembling for a, social
occasion or for a social activity.
B. "Host" means a person who owns
the property where the party, gathering or
event takes place; the person in charge of
the premises and/or the person who or-
ganizes the event. If the host is a minor,
then the parents or guardians of that mi-
nor will be jointly and severally liable for
the fee incurred for police services.
C. "Police services fee" means the cost
to the City of any special security assign-
ment. Such fee may be either a flat fee of
two hundred fifty dollars or an itemized fee
based on, but not limited to, salaries of po.
lice officers while responding to or l'C-
maining at the party, gathering or event.
the pro rata cost of equipment, the cost of
repairing City equipment and the prop-
erty, the cost of any medical tl'catment of
injured police officers.
D. "Special security assignment"
means the assignment of police officers.
services and equipment during a second or
subsequent response to the party.
~ mM J60. 3C:::;:" ~
~f1I. /0 1 -1
.'~."ON:l: Supp. 4197
..
9.42.020
LAKE ELSINORE CODE
9.42.050
gathering Or event after the distribution of
a written notice to the host that a fee may
be imposed for costs incurred by the City
for any subsequent police response.
COrd. 1020 * 9.42.010, 1966)
9.42.020 Initial police responses to
large parties- gatherings or events. When
any police officer responds to any large
party, gathering or event, and the police
officer determines that there is a threat to
the public peace, health, safety, Qr general
welfare, the police officer shall issue a
written notice to the host or hosts that a
subsequent response to that same lo~tion
or address within a thirty day period, such
response OT responses shall be deemed a
special security assignment rendered to
provide securi ty and order on behalf of the
party, gathering or event and that the host
may be liable for a police service fee as de-
fined in this chapter. (Ord. 1020 ~ 9.42.020,
1996)
9.42.030 Subsequent police responses to
large parties, gatherings or events;
liability. If after a written notice is issued
pursuant to Section 9.42.020, a subsequent
police response or responses is necessary
to the same location or address within a
thirty day period, such response or re-
sponses shall be deemed a special security
assignment. Persons previously warned
shall be jointly and severally liable for a
police services fee as defined in this
chapter.
The amount of such fee shall be a debt
owed to the City by the person or persons,
warned, and if he or she is a minor, the
debt shall be owed by his or her parents or
gua.rdians. In no event shall the fee be
more than one thousand dollars.
The City reserves its rights to seek reim-
bursements for actual costs exceeding one
thousand dollars through other legal
remedies or procedures.
The subsequent response may also re-
sult in the arrest and/or citation of viola-
tors of the State penal code or other
regulations, ordinances or laws. (Ord.
1020 19.42.030, 1996)
. ............,
9.42.040 Cost; collection. The City
Manager or his designee shall notify the
Finance Director in writing of the
performance of special security
assignment, of the name and address of
the responsible person or persons, the date
and time of the incident, the services
performed, the costs thereof and such
other information as may be required. The
Finance Director Treasurer shall
thereafter cause appropriate billings to be
made. In the event billings are not paid
when due, the Finance Director shall have
the authority to collect said billings
through a small claims action or, based
upon action of the City Council after no..
ticed hearing, place the delinquent billing
on the equalized tax roll for collection in
the same manner as property taxes. (Ord.
1020 ~ 9.42.040, 1996)
......,
9.42.050 Administrative appeal. An
administrative appeal of a police services
fee may be made to the City Manager or
his designee within ten days from the date
of mailing of the billing and grounds for
the appeal. (Ord. 1020 ~ 9.42.050, 1996)
910
~17EU.IQ ~_.~,.~
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PAOI 10 OF /0 .~
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Rev. Or<!. Supp. 4/97