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Home My WebLink About08/26/2008 CC Reports CITY OF LAKE ELSINORE CITY COUNCIL AGENDA DARYL HICKMAN, MAYOR GENIE KELLEY, MAYOR PRO TEM THOMAS BUCKLEY, COUNCILMAN ROBERT E. "BOB" MAGEE, COUNCILMAN ROBERT SCHIFFNER, COUNCILMAN ROBERT A. BRADY, CITY MANAGER WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 674.2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 ************************************************************************************* TUESDAY, AUGUST 26,2008 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon Subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Council meeting and are available on the City's web site at www.lake-elsinore.orq. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674-3124, ext. 262, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER -- 5:00 P.M. CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1 b) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case CALL BACK TO ORDER (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENT A TIONS/CEREMONIALS (2) Mayor Hickman will present Certificates of Appreciation to Tim Fleming and Jim Brady. (3) Mayor Hickman will present a Certificate of Recognition to Abigail Heiselt. (4) Art Rivas from U.S. Vets will be making a presentation to the City Council regarding public awareness of Veterans issues. (5) A representative from the Lake Elsinore Chamber of Commerce will be providing an update on Chamber activities. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting.) PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting. The Mayor will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) (6) Minutes of the Followinq Meetinq(s) a) Joint City Council/Redevelopment Agency Study Session - July 22,2008. b) Joint City Council/Redevelopment Agency Study Session - August 12, 2008. c) Regular Meeting - July 22,2008. d) Regular Meeting - August 12, 2008. (7) Warrant List Dated Auqust 14. 2008 Recommendation: Authorize payment of Warrant List dated August 14, 2008. (8) Investment Report - July 2008 Recommendation: Receive and file. (9) Approval of Final Map No. 31839 Recommendations: a) Approve Final Map No. 31839 subject to the City Engineer's acceptance as being true and correct. b) City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31839. (10) Restated and Amended Joint Exercise of Powers Aqreement for the Steven's Kanqaroo Rat (SKR) And Errata Thereto Recommendations: a) Approve the Restated and Amended Joint Exercise of Powers Agreement. b) Approve the Errata Sheet for the Restated and Amended Joint Exercise of Powers Agreement. (11) Resolution Opposinq Fiscallv Irresponsible State Budqet Decisions That Would "Borrow" Local Government. Redevelopment and Transportation Funds Recommendation: Waive further reading and adopt a resolution opposing fiscally irresponsible state budget decisions that would "borrow" local government, redevelopment and transportation funds. (12) Construction Contract Award for Interchanqe Improvements at Interstate 1-15 and Central Avenue (SR-74) Recommendations: a) Award the Interchange 1-15 and Central Avenue (SR-74) Improvements to Ortiz Enterprises Inc. for $2,896,561.30. b) Authorize the Mayor to execute the contract with Ortiz Enterprises, Inc. (13) Authorization to Amend an Existinq CEQA Contract with HDR. Inc. for the Proiect Known as "Watersedqe" Recommendation: Staff recommends the City Council authorize the City Manager to amend the existing HDR contract for an additional $78,000 for an updated contract total not to exceed $295,341. (14) Appointment of Approvinq Bodv for Determinations of Public Convenience and Necessitv for the Department of Alcoholic Beveraqe Control Recommendation: Waive further reading and adopt a resolution designating the Planning Commission as the authority for determining Public Convenience and Necessity and authorizing the City Clerk or Director of Community Development to issue letters of Public Convenience and Necessity after a determination is made. (15) General Plan Update Recommendation: Receive and file. PUBLIC HEARING(S} There are no public hearings. BUSINESS ITEM(S} (16) Rosetta Canyon Fire Station and Park - Contract Award Recommendations: a) Award Rosetta Canyon Fire Station and Park to Perera Construction and Design Inc. for $7,451,000. b) Authorize the Mayor to execute the contact with Perera Construction and Design Inc. (17) Commercial Desiqn Review 2008-08; a Proposed CUppy'S Coffee Kiosk Located in the Mission Trail Center Recommendations: a) Waive further reading and adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). b) Waive further reading and adopt a resolution approving Commercial Design Review No. 2008-08. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, September 9, 2008, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. //ss// VIVIAN M. MUNSON CITY CLERK ~ t..:f Z-I, /-AXI~ DATE CITY 0 F ~~~ LAIZEt;LSiNOR1; \ 'f;;;;:iP I ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER FROM: DATE: AUGUST 26, 2008 SUBJECT: CLOSED SESSION ITEM(S) Discussion (1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1 b) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case Recommendation Recess prior to adjournment of tonight's meeting in order to conduct an executive (closed) session. Prepared by: Vivian M. Munsq City Clerk Approved by: Robert A. Brady City Manager Agenda Item No. 1 Page 1 of 1 CI'rY OF ~, LAIZE \6,LSiNO~ ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present Certificates of Appreciation to Tim Fleming and Jim Brady. Recommendation Receive and file. Prepared by: Vivian M. Muns4;> / City Clerk C/" Approved by: Robert A. Brady City Manager Agenda Item NO.2 Page 1 of 1 CITY OF,.~ LA}ZE \6/LSiNO~ ~ DREAM E;(TREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26,2008 SUBJECT: PRESENTATION OF CERTIFICATE OF RECOGNITION Discussion Mayor Hickman will present a Certificate of Recognition to Abigail Heisel!. Recommendation Receive and file. Prepared by: Vivian M. Muns ~ / City Clerk ~ Robert A. Brady ~\ " City Manager Approved by: Agenda Item No.3 Page 1 of 1 CITY OF ~ LA}ZE ,5,LSiN()Rf: ~ DREAM EX'TREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 SUBJECT: PRESENTATION Discussion Art Rivas from U.S. Vets will be making presentation to the City Council regarding public awareness of Veterans issues. Prepared by: Vivian M. Munsc@/ City Clerk Robert A. Bradyn Mt City Manager I MJJJ Approved by: Agenda Item NO.4 Page 1 of 1 CITY 0 F + LA}ZE LSINO~ \ I ~ DREAM E,XTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 SUBJECT: CHAMBER OF COMMERCE UPDATE Discussion A representative from the Lake Elsinore Chamber of Commerce will be providing an update on Chamber activities. Recommendation Receive and file. Prepared by: Vivian M. Munse@. City Clerk Approved by: Robert A. Brady (n Ml,. City Manager It t\Y Agenda Item NO.5 Page 1 of 1 CITY OF~. LAIZE ,5,LSii1oRi ~ DREAM. EXTREM.E REPORT TO THE CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are for approval as follows: a) Joint City Council/Redevelopment Agency Study Session - July 22,2008. b) Regular Meeting - July 22, 2008. c) Joint City Council/Redevelopment Agency Study Session - August 12, 2008. d) Regular Meeting - August 12, 2008 Recommendation Approve the submitted Joint City Council/Redevelopment Agency Study Session minutes and all regular City Council meeting minutes as submitted. Prepared by: Vivian M. MunsB City Clerk Robert A. Brad\A1Mt: City Manager J,my Approved by: Agenda Item NO.6 Page 1 of 36 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 22,2008 **************************************************************************************************** CALL TO ORDER Mayor Hickman called the Joint Study Session to order at 4:05 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: COUNCILMAN BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Finance Manager Riley, Parks and Recreation Director Gonzales, Lake and Aquatic Resources Director Kilroy, Director of Community Development Preisendanz, Director of Public Works/City Engineer Seumalo, Planning Manager Weiner, Building Division Manager Chipman, Code Enforcement Officers Burks and Burns and City Clerk Munson. DISCUSSION ITEMS Mayor Hickman gave an overview of the presentations and confirmed that the presenters would be present at the 7:00 p.m. meeting. PUBLIC COMMENTS Ron Hewison, HOPE, thanked the City Council and staff for issuing the check for the current year's funding. He also announced he received a call from the County who had some surplus CDBG funding and agreed to provide HOPE another $15,500. He also provided a status report on the amount of meals HOPE provides. 1 Agenda Item NO.6 Page 2 of 36 CONSENT CALENDAR ITEM(S) (6) Minutes of the FollowinQ MeetinQ(s) No comments. (7) Warrant List Dated Julv 15. 2008 Mayor Hickman inquired about Check Nos. 96602 and 96609. Administrative Services Director Pressey responded to his inquiry. (8) Investment Report - June 2008 No comments. (9) Resolution ConfirminQ Fiscal Year 2008-09 Special Taxes for CFD's Mayor Hickman inquired how many homes are in foreclosure in Tuscany. Dennis Anderson, Harris & Associates, responded the number of homes in Tuscany Hills on the CFD foreclosures is around 50 to 60 properties and stated the most tax rates can be increased, in anyone year, is ten percent (10%), that is limited by the Mello Roos Act and this is being done to ensure that there is a cash flow to pay the debt service on the bonds when they come due in September and March. (10) Professional Landscape Plan Check and Inspection Services - David Evans and Associates No comments. (11) Selection of Landscape Architectural Firms for Landscape DesiQn Services and Award of AQreement Councilman Magee inquired if IDL gets back into the game at a future date, what do they need to do to be successful. Parks and Recreation Director Gonzales responded the City received 13 very competitive proposals. He stated IDL gave a presentation and one of his recommendations was to provide a presentation using a PowerPoint presentation in lieu of a presentation on a board. He stated in the future, when the economy picks up and based on the number of projects the City has coming forward, the City will increase the number of firms that will be used. 2 Agenda Item No.6 Page 3 of 36 (12) License Renewal - ESRI Geoqraphic Information System (GIS) Software Mayor Hickman recommended City staff to attend computer/electronic software shows at convention centers to maybe get better deals. (13) Approval of New Web Site Policies and Disclaimer No comments. (14) Professional contract Services with Bureau Veritas for Development Plan Checkinq on an On-call Basis Councilman Magee indicated the City's goal of the turn around time for plan check is two weeks and inquired if the City is meeting this goal. Public Works/City Engineer Seumalo confirmed. He noted staff estimates for three plan checks. (15) Professional Contract Services with Harris and Associates for Development Plan Checkinq and Construction Inspection on an On-Call Basis No comments. (16) Franklin Street Rehabilitation and Storm Drain Improvements - Notice of Completion Mayor Hickman indicated all the people where he lives would like to thank staff for this one. (17) 1-15/Railroad Canyon Road and 1-15/SR-74 Interchanqe Update Councilman Magee indicated he was frustrated with the lack of progress. He inquired why was there not a biological study done in Spring. Public Works/City Engineer Seumalo responded biological studies are not done until a project is identified. He noted the City is going through the process of evaluating the options. Mayor Hickman inquired how much money had been spent. Public Works/City Engineer Seumalo responded somewhere between $300,000 to $400,000. He also indicated he disagreed with the City going sideways with the value analysis, and believes the City has been righted on the value analysis. He noted Cal Trans was really pushing for a partial closure at that location which he believes would have prohibited the City from maintaining viable circulation on the local streets. He summarized why it was taking longer and explained why the project is a little more complicated than the average interchange. 3 Agenda Item NO.6 Page 4 of 36 Councilman Magee indicated if dropping out is not an option, then Council supports being more aggressive. He indicated Council needs to be aware with respect to the TUMF Program that the City of Beaumont has left and has kept all of their TUMF money, $55,000,000 and they are not turning it over to the Program and nine years from now, he indicated he wonders how many other cities will have gone away. He noted the City has contributed over $40,000,000 and has gotten back $400,000 and over the long haul, if it works, the City becomes a benefit community and not a donor community. He also noted if the City cannot ever get a permit, it does not matter, because all the money has been spent. He also requested staff to include him in the next project delivery team meeting. Public Works/City Engineer Seumalo responded the team meets the first Wednesday of every month at 2:00 p.m. Public Works/City Engineer Seumalo indicated because of the $2,000,000 Grant the City received from Measure A, the City will be receiving $1.5 million of TUMF money for the Phase I Interchange Improvements for Highway 74. (18) General Plan Update No comments. (19) Purchase Order for Contract Plan Check Services for Fiscal Year 2008/09 No comments. (20) Purchase of Crossroads Software Collision Database and Automated Handheld Citation Svstems Usinq Supplemental Law Enforcement Services Fund Grant (SLESF) No comments. PUBLIC HEARING(S) There were no public hearings. APPEAL(S) (21) Appeal - Decision of the Nuisance Abatement Board Declarinq the Property Located at 606 East Minthorn Street No comments. (22) Consideration of Two Appeals of the Planninq Commission's Decision to Approve Conditional Use Permit No. 2008-09. a Request for the Establishment of Live 4 Agenda Item NO.6 Page 5 of 36 Music, Dancinq, and Entertainment Within Areas of an Existinq Bowlinq and Entertainment Center (Trevi Lanes) No comments. BUSINESS ITEMeS) (23) Pilot Proqram to Water Foreclosure Properties No comments. (24) Resolution Amendinq City Council Policy 300-3 Reqardinq City Credit Cards, Meals, Meetinqs and Travel Expenses No comments. (25) Appointment of Approvinq Body for Determinations of Public Convenience and Necessity for the Department of Alcoholic Beveraqe Control Mayor Pro Tem Kelley inquired why the Planning Commission is being requested to review these determinations. City Manager Brady responded it is assign to the Council to determine who will be reviewing the determinations of public convenience. He noted the Police Chief can still have review and input and provide his recommendation to the Planning Commission and then they would act on it. He noted this process provides an appeal process for the applicant to the City Council. REDEVELOPMENT AGENCY CONSENT CALENDAR ITEMeS) (2) Approval of Redevelopment Aqency Minutes No comments. (3) Warrant List Dated July 15, 2008 No comments. (4) Investment Report - June 2008 No comments. (5) Resolution Confirminq Fiscal Year 2008-09 Special Taxes for CFD 90-2 (Tuscany Hills Public Improvements) 5 Agenda Item No.6 Page 6 of 36 No comments. PUBLIC HEARING(S) There were no public hearings. BUSINESS ITEM(S) There were no business items. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There were no public comments. ADJOURNMENT Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Session at 4:50 p.m. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 6 Agenda Item No.6 Page 7 of 36 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 22,2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following item was to be discussed during Closed Session: (1) Public Employee Performance Evaluation (Pursuant to Gov't Code ~54957): City Clerk City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Warrant Officer Adam Miller led the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. 1 Agenda Item NO.6 Page 8 of 36 ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Captain Fetherolf, Lake & Aquatic Resources Director Kilroy, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Director of Community Development Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss public employee performance evaluation, pursuant to Government Code Section 54957. The City Attorney indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented a Certificate of Appreciation to Trace Greenelch for assisting in the maintenance of yards of foreclosed homes in his neighborhood. (3) Mayor Hickman presented a plaque to Bob and Kris Hertz of Flour Fusion for the Business of the Quarter. (4 ) Mayor Hickman presented Certificates of Appreciation to Habitat For Humanity, GMAC Financial Services, EVMWD and Bulk Fuel Company, ih Engineering Supply Battalion who participated in the "Bird Tract Revitalization Project." (5) Kim Cousins, President of the Lake Elsinore Chamber of Commerce, provided an update on Chamber activities. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Barbara Middlebrook, President of EVAN, announced the Concerts in the Park are beginning August 16th, and thanked the City with their financial support. Chris Hyland, resident, expressed her concerns with the lot where the old Machado house sits. She indicated the lot is overgrown with weeds and is a fire hazard, indicated the house is in foreclosure and asked the City to help with placing a sign to deter 2 Agenda Item No.6 Page 9 of 36 vandalism on the property and doing something about the weeds. Mayor Hickman requested the City Manager send over the' Public Works Department to cut down the weeds on the property. Terry Thielan, resident, requested assistance from the City to help the landowners along Lakeshore Drive to work with the Elsinore Valley Municipal Water District to start a sewer assessment district on Lakeshore Drive, west of Chaney. He stated there is no sewer there with 25-30 homes with septic and the septic is leaking down into the lake. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 20 The following items were listed on the Consent Calendar for Council approval: (6) Minutes of the Followinq Meetinq(s) a) Joint City Council/Redevelopment Agency Study Session - July 8,2008 b) Regular Meeting - July 8,2008 Recommendation: Approve as submitted. (7) Warrant List Dated Julv 15. 2008 Recommendation: Authorize payment of Warrant List dated July 15, 2008. (8) Investment Report - June 2008 Recommendation: Receive and file. (9) Resolution Confirminq Fiscal Year 2008-09 Special Taxes for CFD's Recommendation: Waive further reading and adopt Resolution No. 2008-78, requesting the tax collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. (10) Professional Landscape Plan Check and Inspection Services - David Evans and Associates Recommendation: Authorize the City Manager to enter into a contract, in a form approved by the City Attorney, with David Evans and Associates, Inc. to provide landscape plan check and inspection services to the City of Lake Elsinore for Fiscal year 2008-2009. (11) Selection of Landscape Architectural Firms for Landscape Desiqn Services and Award of Aqreement 3 Agenda Item NO.6 Page 10 of 36 Recommendation: Authorize the City Manager to sign the Professional Services Agreements with BMLA Landscape Architecture and David Volz Design for on- eall landscape architectural design services and to issue purchase orders on a project-by-project bases. (12) License Renewal - ESRI Geoqraphic Information System (GIS) Software Recommendation: City Council authorize the City Manager to approve the renewal of the ESRI ArcGIS software licenses for FY 2008-09. (13) Approval of New Web Site Policies and Disclaimer Recommendation: Approve proposed Web site policies and disclaimer for implementation with the new City Web site. (14) Professional contract Services with Bureau Veritas for Development Plan Checkinq on an On-call Basis Recommendation: Approve the continuation of the existing agreement with Bureau Veritas. (15) Professional Contract Services with Harris and Associates for Development Plan Checkinq and Construction Inspection on an On-Call Basis Recommendation: Approve the continuation of the existing Agreement with Harris and Associates for development plan checking and construction inspection on an on-call basis. (16) Franklin Street Rehabilitation and Storm Drain Improvements - Notice of Completion Recommendation: Authorize the Mayor to execute the Notice of Completion and allow the City Clerk to file the Notice of Completion with the County of Riverside. (17) 1-15/Railroad Canyon Road and 1-15/SR-74 Interchanqe Update Recommendation: Receive and file report. (18) General Plan Update Recommendation: Receive and file report. (19) Purchase Order for Contract Plan Check Services for Fiscal Year 2008/09 Recommendation: Authorize the City Manager to approve a Purchase Order in the amount of $150,000 for Scott Fazekas and Associates to provide plan check 4 Agenda Item No.6 Page 11 of 36 services for fiscal year 2008/09. This amount was budgeted for in the 2008/09 Building Division Professional Services account. (20) Purchase of Crossroads Software Collision Database and Automated Handheld Citation Systems Usinq Supplemental Law Enforcement Services Fund Grant (SLESF) Recommendations: a) Approve the purchase of Crossroads Software/Automated Collision Database System with GIS Collision Mapping Module. b) Approve the purchase of nine SymbolMC35 Handheld citation instruments and printers. c) Approve the exemption from the bid process for this sole source vendor, Crossroads Software. d) Approve the expenditures in the amount of $50,386.63 to Crossroads Software from the Supplemental Law Enforcement Services Fund Grant (SLESF). It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to approve the Consent Calendar Items Nos. 6 through 20. The following vote resulted: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS There were no public hearings. APPEALS (21) COUNCIL CONTINUES THE APPEAL OF THE DECISION OF THE NUISANCE ABATEMENT BOARD DECLARING THE PROPERTY LOCATED AT 606 EAST MINTHORN STREET TO THE AUGUST 12TH CITY COUNCIL MEETING 5 Agenda Item NO.6 Page 12 of 36 Building Official Chipman presented the staff report. He indicated the property at 606 Minthorn had a long history of violations and has been a focus of code enforcement since 2000. He indicated it has been taken before the Nuisance Abatement Board on two prior occasions. He indicated the property owner had appealed a decision of a Nuisance Abatement Board decision in February of 2008, based on the use of the property. He stated the property is residential which he has cleaned up; however, he is storing two large trucks which is violation of the zoning code. Mr. Rotellini indicated the property is clean. He indicated he applied for a business license to store his trucks and his equipment. He indicated he told the business license he cleaned properties, he filled out a form, paid his $97 and has been operating his business for four years. Mr. Rotellini requested permission from the City Council to allow him to store two of his semi-trucks on his property for one year. Councilman Magee inquired why the City would issue a business license for this type of business in a residential zone. Building Official Chipman responded the applicant represented his business as a home occupation type license and did not require approvals from the Planning, Fire or Building Departments. Community Development Director Preisendanz indicated Planning had not signed off on the Business License and therefore zoning was not checked. Councilman Magee inquired of the City Attorney if the City Council had discretion to allow this individual to continue to store his commercial trucks in a residentially zone property and make an exception under extenuating circumstances with respect to the business license being issued and having no neighbors. City Attorney Leibold responded she would have to look at the permitted and not permitted conditional uses for this zoned property. Community Development Director Preisendanz indicated its is not permitted in any way. Councilman Magee indicated Council needs to continue this item to get the whole story and all of the information and get Mr. Rotellini to write an accurate description on what he is going to do with the property. Councilman Buckley indicated he cannot set a precedent in parking commercial vehicles in residential neighborhoods. 6 Agenda Item NO.6 Page 13 of 36 Councilman Schiffner indicated the City should look into and find out the circumstances of how the business license was issued and whether there was a mistake made at that time. Councilman Buckley asked the City Attorney what exactly does the possession of a business license give you the right to do. City Attorney Leibold responded if it is issued as a home occupation permit, it gives you the right to conduct a business out of your home with conditions; however, it is unclear what conditions were attached to this business license. It was moved by Councilman Magee, and seconded by Councilman Schiffner to continue to the meeting of August 12th. It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to uphold the decision of the Nuisance Abatement Board. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY NOES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE ABSTAIN: NONE Motion failed. It was moved by Councilman Magee, and seconded by Councilman Schiffner to continue the item to the City Council meeting of August 12th. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY ABSENT: NONE 7 Agenda Item No.6 Page 14 of 36 ABSTAIN: NONE (22) COUNCIL UPHOLDS THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 2008-09 WITH ADDITIONAL NINE CONDITIONS OF APPROVAL PRESENTED HEREIN TO INCLUDE VIGOROUS MONITORING OF THE BUSINESS AND BE BROUGHT BEFORE THE CITY COUNCIL IN SIX MONTHS Community Development Director Preisendanz presented the staff report. He indicated the item before Council was a consideration of two appeals of the Planning Commission decision to approve CUP No. 2008-09. He noted Council continued the appeal and requested staff to provide further information related to the approval of the Elks portion of the facility; specifically as to what areas were being proposed for live entertainment and compliance with existing conditions of approval. He indicated a sign program has been submitted to staff and the graffiti has been removed from the identified areas. He also noted City staff, Mayor Hickman and Captain Fetherolf met with the owner of Trevi to discuss additional conditions of approval to which the applicant was agreeable. George Alongi, Wildomar resident, spoke in favor of the Trevi business and stated he agreed with the Police Chief but felt this was no reason to deny this type of business. Mukesh Patel, Best Western, indicated everyone should have the right to run a business without any problems and conflicts. He indicated his main concerns were with noise levels, safety and security of their guests and employees. He indicated should Council intend to permit Mr. Knights business, then Council should consider some conditions that protect his hotel and guests. He suggested 1) reduce the noise level from 65 to 55 decibel or less and monitoring the noise level from his property to Mr. Knight's property and from Mr. Knight's property to his; 2) building should be sound proof to include all walls, doors and ceiling; and 3) be advised of the times of events. David Bristow, Counsel representative for Trevi, indicated he did not receive the most current conditions or staff report. After some debate on whether or not he received the final conditions, the conversation continued. The Director of Community Development Preisendanz indicated the applicant submitted a sign program, they have taken care of the graffiti that was identified, did some clean up on the property and pulled weeds. He noted staff agreed to contact the property owner to pursue his compliance with the landscaping. He indicated the original CUP has been approved; staff if working with the applicant to get the sign program approved and everything cleaned out. He noted the applicant has planted some ground cover along Mission Trail and agreed to add more shrubs. 8 Agenda Item No.6 Page 15 of 36 Captain Fetherolf indicated his appeal on the recommendation of the Conditional Use Permit proposed by the Planning Commission where they removed certain restrictions from the CUP which would allow the facility then to be used as a nightclub/discotheque, music, comedy or type of entertainment business on the premises. He noted staff, the Mayor and himself met with Mr. Knight on July 14th to discuss what conditions might be appropriate should the Council decide to carry forward with the Planning Commission's recommendations to allow night club etc. at that center. He read from his letter submitted to the City Manager regarding his concerns he expressed "previously about the Trevi Entertainment Center changing from what was originally advertised as having a family-centered focus to an adult night club environment... and the increase drain on police resources such businesses create. My recommendation to the City Council is that the facility remains a family-centered business with limited accommodations for private parties, banquets, etc., in the adult-centered portions of the business." He noted should the City Council approves the adult-entertainment focus, he strongly recommends the following conditions be required in the Conditional Use Permit along with the previously issued requirements in the revised general conditions set forth in the CUP 2008-09. He stated they were as follows: 1. All existing security cameras are to be continuously and actively monitored by dedicated security personnel during business hours between 5 p.m. until closing every business day; and 2. The owner of Trevi will maintain an adequate number of trained, adult security employees on duty at all times during business hours, dedicated to the safety and security function with no less than two (2) clearly identified trained security officers per 100 persons occupying (or anticipated to occupy) the interior rooms/areas where alcohol is served or where there are special events open to the public (including private parties, OJ/live music, dances, etc.) from 5 p.m. until closing each business day, and two (2) security personnel dedicated to the exterior of the facility (parking lot, patios, etc.) to insure pedestrian and vehicle safety/security from 5 p.m. until closing each business day; and 3. Security staff shall be increased as directed by the Chief of Police in the event existing security arrangements prove to be inadequate as determined by the Chief of Police; and 4. Trevi management will immediately alert law enforcement when there are any violations of law or unruly behavior occurring on premises; and 5. Trevi will not allow any events to result in the over population of rooms/areas as defined in the maximum occupancy requirements set forth by the City and the fire department in the building plans; and 9 Agenda Item No.6 Page 16 of 36 6. Trevi will not be permitted to allow live dancers, fashion shows, lingerie or any other modeling events, to occur on premises apart from or in conjunction with the afore-described events; and 7. The business management/owners commit to fully cooperate with and assist law enforcement in the identification of criminals and criminal activity, and the active prosecution of criminals who have victimized the business or its patrons; and 8. Trevi will ensure that all Alcoholic Beverage Control (ABC) laws, regulations and requirements are strictly adhered to by management and staff; and 9. The City place a probationary period of six (6) months on the issuance of the CUP to include a review of the operation of the Trevi Center and the demand on police resources at the end of the six-month period and to include an official report of findings and recommendations to the City Council from City staff and the Chief of Police. David Bristow, Counsel representative for Trevi, indicated that he concurred with all of the proposed conditions that his client was in agreement with and thanked Captain Fetherolf for all of his efforts in this regard and coming up with this list. Mayor Pro Tem Kelley expressed her concerns with what occurred after addressing this appeal at the last City Council meeting. She referred to a letter signed by an employee wondering why Trevi is allowed to continue without a permit (Attached). She indicated she will not support the Conditional Use Permit. Captain Fetherolf reviewed the activity that had taken place at the Trevi Entertainment Center from June 10th through June 1ih. He indicated there were 14 calls in total, six of the calls were non-criminal in nature, eight were for misdemeanor offenses, three of the eight were for assaults, and four were for disturbance of the peace. Councilman Magee indicated the CUP needs to be in 100% compliance. He indicated the only way this can work is in a probationary basis which I heartedly support the Chief of Police six month review which will be January 20, 2009. He noted he is supporting this permit reluctantly and he wants the business to be successful. Councilman Buckley commented there is no problem with the use of the concept, that it just be done right. He indicated some of the additional conditions that were discussed last time should be added such as banning "all age" functions; no outside promoter to use the space; only outside access to the nightclub; pay for and install a decibel monitor that is installed in the back of the Best Western 10 Agenda Item No.6 Page 17 of 36 property, a decibel monitor that records the decibel/evels; and noted he did not feel they should be allowed to open until all of the conditions of the first CUP are in complete compliance; and a condition that allows immediate suspension of the operation of the club at the discretion of the City Manager or Chief of Police and placing the wording of the "large parties ordinance" as a condition. City Attorney Leibold indicated the conditions can reference Chapter 9.42. Mayor Hickman suggested placing an iron door at the arch door with some insulation so that the noise does not travel. He indicated he would rather see Mr. Knight go with these nine conditions, to include a cover charge, limit the demands on this and give them the six months probation. It was moved by Councilman Schiffner, and seconded by Councilman Magee to uphold the Planning Commission's decision to approve Conditional Use Permit No. 2008-09 with the additional nine conditions of approval presented herein to include vigorous monitoring of the business and be brought before the City Council in the next six months. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED THE MEETING AT 8:38 P.M. COUNCIL RECONVENED THE MEETING AT 8:48 P.M. BUSINESS ITEM{S) (23) COUNCIL RECEIVES AND FILES REPORT RELATED TO THE PILOT PROGRAM TO WATER FORECLOSURE PROPERTIES AND TAKES NO FURTHER ACTION Public Works/City Engineer Seumalo presented the staff report. He reported on the pilot program to water foreclosed properties within the City. He noted the City Council wanted staff to quantify time, cost and effectiveness of irrigating the 11 Agenda Item NO.6 Page 18 of 36 foreclosed properties. He identified staff's findings on the various types of programs to address watering the lawns and trees of foreclosed properties. Councilman Magee noted the problems with foreclosed properties will last at least another two to four years and based on the figures staff provided, it would cost the City $1 to $2 million general funds monies to support this program and he is not willing to support this money for these abandoned homes. Mayor Pro Tem Kelley indicated the cost is prohibitive for the effectiveness of the program. She reported Mr. Brady and herself met with their homeowners association to talk about different strategies to improve specific neighborhoods from deterioration and indicated Pardee Homes had established September 6th as a clean up day for the homes in that development. She indicated she could not support this type of financial obligation. It was moved by Councilman Magee, and seconded by Councilman Schiffner to receive and file report and take no further action. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR HICKMAN ABSENT: NONE ABSTAIN: NONE (24) COUNCIL ADOPTS RESOLUTION NO. 2008-79; AMENDING THE CITY OF LAKE ELSINORE CITY COUNCIL POLICY 300-3 REGARDING CITY CREDIT CARDS. MEALS. MEETINGS AND TRAVEL EXPENSES City Manager Brady presented the staff report. He summarized the amendments made to the Policy which were as follows: 1) eliminating credit cards for the City Council; 2) taking the wording out for gas credit card which do not exist; and 3) clarification to the travel and meal component is clarified to apply to members of the Council along with non-elected City boards and commissions. Councilman Buckley inquired if there will be an emergency City Council credit card maintained by the City Manager. City Manager Brady responded there would not be and noted the City Manager's credit card can be used for travel arrangements for hotels, etc. 12 Agenda Item No.6 Page 19 of 36 It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-79, amending the City of Lake Elsinore City Council Policy 300-3. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (25) COUNCIL DESIGNATES THE PLANNING COMMISSION AS THE AUTHORITY FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY, UNLESS APPEALED, WHEREAS THE CITY COUNCIL WOULD ASSUME THE RESPONSIBILITY TO INCLUDE THE ADDITIONAL LANGUAGE PROVIDED BY CAPTAIN FETHEROLF Community Development Director Preisendanz reviewed the proposed modifications and process for this procedure. He noted Chief of Police Fetherolf requested this wording be placed in the resolution as follows "After receiving and giving due consideration to written recommendations from the Chief of Police." It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to designate the Planning Commission as the authority for determining public convenience and necessity, unless appealed, whereas the City Council would assume the responsibility to include the additional language provided by Captain Fetherolf. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 13 Agenda Item No.6 Page 20 of 36 NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTCS) There were no public comments. CITY MANAGER COMMENTCS) City Manager Brady commented on the following: (1) Cool Centers - Community Action Partnership of Riverside County is coordinating Cool Centers to provide drop-in site for vulnerable individuals, seniors, the disabled and other in need of temporary relief from the heat. For further information please call Summer Energy Crisis Hotline at 1-888-636-8676. (2) Thursday, July 24th, Lake Elsinore Chamber of Commerce Business Mixer will be held at the Links at Summerly from 5:30 - 7:30 p.m. (3) Friday, July 25-26, Animal Friends of the Valley will be holding their Grand Reopening of Pup~y facility at 1 :00 p.m. (4) Saturday, July 26t , Lake Elsinore Cruise Day Car Show, from 5-8 p.m. on Main Street. (5) Thursday, July 31S\ Farmers' Market from 4-7 p.m. at Main and Peck. (6) Thursday, July 31S\ Movies in the Park, After Dark at 7:30 p.m. at Summerlake Park. (7) Saturday, August 2, Household Hazardous Waste Roundup, 9 a.m. to 2 p.m. at 521 N. Langstaff, adjacent to the City Yard. (8) Daily through August 8th, Aquatic Program at Lakeside High School Pool. For further information please call (951) 245-0442. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. 14 Agenda Item No.6 Page 21 of 36 Mayor Pro Tern Kelley commented on the following: No comments. Councilmember Magee commented on the following: (1 ) (2) Urged staff to assist the Historic Society and notify the new property owner the Machado adobe needs to be preserved. September 2ih at 6 p.m. at the Pechanga Resort and Casino, Trauma Intervention will be holding their 4th Annual Heroes with Heart Awards Dinner, a dinner honoring our police and fire fighters. For more information or to make a donation, please call Gina at 678-4509. Councilmember Buckley commented on the following: (1) Thanked his neighbors for their assistance and support, especially Jeff from across the street, the firefighters and investigators who were looking into who set his auto on fire. Mayor Hickman commented on the following: (1) Announced seniors 60 years and older making less than $41,000 are entitled to a property tax rebate. If interested, please call the senior center 674-2526. (2) Big Jims, formerly known as the Breakfast Club, opens August 1S\ moved to Grand and Corydon and makes an excellent meal. Mayor Hickman adjourned the meeting at 9:25 p.m. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 15 Agenda Item NO.6 Page 22 of 36 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 12, 2008 **************************************************************************************************** CALL TO ORDER Mayor Hickman called the Joint Study Session to order at 4:05 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: COUNCILMAN BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Information/Communications Manager Dennis, Parks and Recreation Director Gonzales, Director of Public Works/City Engineer Seumalo, Community Development Director Preisendanz, Planning Manager Weiner, Building Division Manager Chipman, Public Works Manager Payne, Building Inspector Burns, Park and Recreation Analyst Davis and City Clerk Munson. DISCUSSION ITEMS Mayor Hickman gave an overview of the presentations and confirmed that the presenters would be present at the 7:00 p.m. meeting. PUBLIC COMMENTS Mayor Hickman presented Bill Tiitto a Certificate of Appreciation for his efforts in keeping foreclosed property lawns maintained in his neighborhood. Bill Tiitto, resident, commented on how properties in his neighborhood are maintained and inquired if a person can go onto private property to water lawns. City Attorney Leibold responded unless one has permission or a warrant, these properties are private property and described how abandoned residential property ordinance works. 1 Agenda Item No.6 Page 23 of 36 CONSENT CALENDAR ITEM(S) (6) Warrant List Dated July 31. 2008 Mayor Hickman inquired about Check Nos. 96744 and 96803. Administrative Services Director Pressey responded to his inquiry. (7) Request to Waive City Fees and Grant an Exception to Serve Alcohol at the Music With a View Concert Series No comments. (8) License Aqreement Alberhill Ranch Sports Park No comments. (9) Draft Parks and Recreation Master Plan Review Parks and Recreation Director Gonzales indicated he provided a "Draft" of the Parks and Recreation Master Plan to provide Council time to review the document for a Study Session scheduled to be held on August 26th at 4:30 p.m. Mayor Hickman thanked staff for giving Council time to review the "Draft" Parks and Recreation Master Plan. (10) Approval of CDBG Supplemental Aqreement 2008-2009 No comments. PUBLIC HEARING(S) (11) Commercial Desiqn Review No. 2008-02: a Proposed Commercial Retail Center Located at 31800 Mission Trail Mayor Hickman inquired if this was the project that is closed in by the Stater Bros. on one side. Community Development Director Preisendanz responded this was the vacant lot and was a medical complex at one time and has been changed to a commercial shopping center. APPEAL(S) (12) Continuation of Appeal - Nuisance Abatement Board's Decision Declarinq the Property Located at 606 East Minthorn Street a Nuisance 2 Agenda Item No.6 Page 24 of 36 Councilman Magee inquired about the discussion regarding the truck route even though there is a mining operation and asked for a status on the operation. Public Works Director/City Engineer Seumalo responded staff was aware of a mining operation by Southern California Sand Bags and indicated the City had them stop work and since then, there has been no report of any activity in about a year. Public Works Director/City Engineer Seumalo also indicated a truck route is for through traffic essential cutting through the City, but if there is a destination or an origination point, that is not considered a truck route. Councilman Magee asked the City Attorney what obligation the City had with this business license. City Attorney Leibold responded a business license does not provide the licensee any kind of land use right or entitlement and the business license is de facto subject to all applicable land use laws and zoning. She also noted if a business license is issued in error such that the license activity is not permitted by the underlying zoning, then the business license is void and there is no remedy or damages. Mayor Hickman inquired how staff will ensure how this mistake will not be in the future. City Manager Brady responded planning will be looking at all of the business license applications in the future and signing off on their approval. BUSINESS ITEM(S) (13) Discussion Reqardinq the Maintenance of Trees and Shrubs on Foreclosed Properties Mayor Hickman indicated his concern is with the trees on these properties and perhaps a suggestion is to place mulch around the trees and put a bucket of water on the mulch once or twice a month. Councilman Schiffner inquired as to what other cities are doing for these types of properties in their communities. Mayor Pro Tem Kelley suggested the City's best efforts are to work with the realtors. Mayor Hickman stated 75% of the people he spoke to appreciate the idea of watering the yards. 3 Agenda Item No.6 Page 25 of 36 REDEVELOPMENT AGENCY CONSENT CALENDAR ITEM(S) (2) Approval of Redevelopment Aqency Minutes No comments. (3) Warrant List Dated July 31,2008 No comments. (4) Commercial Desiqn Review No. 2008-02; a Proposed Commercial Retail Center Located at 31800 Mission Trail No comments. PUBLIC HEARING(S) There were no public hearings. BUSINESS ITEM(S) (5) Professional Services Aqreement with Buxton Co. Member Magee inquired if a representative from Buxton would be attending the meeting to provide a presentation. City Manager Brady confirmed. Administrative Services Director Pressey noted a correction in the contract on page 1 of 55. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 3 MINUTES Councilman Schiffner indicated he received an e-mail from a company that will record, and place Council meetings on the Internet and also provide a hard copy. Information/Communications Manager Dennis responded under the City's e-mail initiative, the Council has approved a contract with Granicus which will provide that kind of service as part of our web cast launch. 4 Agenda Item NO.6 Page 26 of 36 ADJOURNMENT Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Session at 4:32 p.m. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 5 Agenda Item No.6 Page 27 of 36 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 12, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1 a) Conference With Legal Counsel--Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1 b) Conference With Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2 potential cases City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Greg Morrison led the Pledge of Allegiance. 1 Agenda Item NO.6 Page 28 of 36 INVOCATION - MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. ROLL CALL - 7:00 P.M. PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Captain Fetherolf, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Community Development Preisendanz, Director of Parks and Recreation Gonzales, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss anticipated litigation, pursuant to Government Code Section 54956.9, three potential cases. City Attorney Leibold indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman announced he presented a Certificate of Appreciation to Bill Tiitto at the 4:00 p.m. Study Session. Mayor Hickman presented Certificates of Appreciation to Rodger Garrard and John Shook for their assistance in maintaining yards of foreclosed homes in their neighborhoods. (3) Mayor Hickman presented a proclamation to David Vermillion in memory of his father, former Councilman Robert A. Vermillion. (4) Brenda Denstedt from the Western Municipal Water District and Phil Williams from the EVMWD made a presentation to the City Council regarding the water efficient landscaping project and presented $5,000 towards the City's effort for the design of the project. (5) Mayor Hickman announced that Cal Trans had cancelled their presentation to the City Council regarding the Ortega Highway Safety Improvement Project due to budget constraints. 2 Agenda Item NO.6 Page 29 of 36 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE George Alongi, resident, requested the City Council adopt a new policy of flying the flag in front of City Hall at half mast for one day to honor those who serve in this community and pass on. He requested this be done for Robert Vermillion. Mayor Hickman took a consensus of the Council and it was their consensus that the flag in front of City Hall be flown at half mast in memory of Robert Vermillion on Wednesday, August 13th. Chris Hyland, resident, spoke of her friend Bob Vermillion. Barbara Middlebrook, President of EVAN, announced the summer concerts, "A Music with a View", will be held at McVicker Park and begin at 7:30 p.m. on August 16th, 23rd, and 30th and September 6th. She also thanked the City, Parks and Recreation Director Gonzales and Captain Fetherolf for all of their in-kind services provided to EVAN. She also thanked Mayor Pro Tem Kelley and Gary Kelley for what they have done for the concerts. Thomas Vose, Manager of the Lake Elsinore Library, provided a summary of the types of services and happenings at the Library. Lorraine Watts, representing NAACP, announced they will be holding two candidate forums; one on Saturday, August 23rd at noon at the Library for State and Federal offices and on Saturday, September 2yth there will be a candidate's forum for local candidates. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 10 The following items were listed on the Consent Calendar for Council approval: (6) Warrant List Dated Julv 31. 2008 Recommendation: Authorize payment of Warrant List dated July 31,2008. (7) Request to Waive City Fees and Grant an Exception to Serve Alcohol at the Music With a View Concert Series Recommendation: Approve request to waive City fees and grant the exception to serve alcohol at the Music with a View Concert series. (8) License Aqreement Alberhill Ranch Sports Park Recommendation: Approve the License Agreement for Alberhill Ranch Sports Park and authorize the City Manager to sign the agreement. 3 Agenda Item NO.6 Page 30 of 36 (9) Draft Parks and Recreation Master Plan Review Recommendation: Accept and file the Draft Parks and Recreation Master Plan. (10) Approval of CDBG Supplemental Aqreement 2008-2009 Recommendation: Authorize the Mayor to execute the supplemental agreement with the County of Riverside for the use of Community Development Block Grant funds. It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to approve Consent Calendar Items Nos. 6 through 10. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) (11) COUNCIL ADOPTS RESOLUTION NO. 2008-80: ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROPOSED COMMERCIAL RETAIL CENTER AND ADOPTS RESOLUTION NO. 2008-81: APPROVING COMMERCIAL DESIGN REVIEW NO. 2008-02 LOCATED AT 31800 MISSION TRAIL Mayor Hickman opened the public hearing at 7:28 p.m. Community Development Director Preisendanz presented the staff report. He indicated the proposed commercial retail center was located at 31800 Mission Trail next to the Stater Bros. Shopping Center. He indicated the shopping center will consist of two detached buildings which total approximately 22,770 sq.ft., and 18 individual suites. He noted by a 3-2 vote the Planning Commission approved to recommend the City Council approval of Commercial Design Review 2008-02. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 4 Agenda Item NO.6 Page 31 of 36 There being none, Mayor Hickman closed the public hearing at 7:33 p.m. Councilman Magee requested information why the two Planning Commissioners dissented on the vote for this project. Community Development Director Preisendanz responded both Commissioners had voiced concerns regarding the truck traffic coming into the site and not being able to turn around towards the rear of the property. He indicated the Fire Department and the City's Engineering Division both approved the project. He also indicated one of the Commissioners desired to have an access off of Casino Drive, however, the applicant expressed some concerns with the elevation difference. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-80, adopting findings of consistency with the Multiple Species Habitat Conservation Plan (MSHCP) for the proposed commercial retail center. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-81, approving Commercial Design Review No. 2008-02 located at 31800 Mission Trail. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 5 Agenda Item No.6 Page 32 of 36 ABSENT: NONE ABSTAIN: NONE APPEAL(S) 12) COUNCIL DENIES THE APPEAL AND PERMITS THE PROPERTY OWNER TO PARK NO MORE THAN TWO COMMERCIAL VEHICLES AT ANY ONE TIME ON HIS PROPERTY UNTIL THE CURRENT BUSINESS LICENSE EXPIRES RECOGNIZING THAT COMMERCIAL ACTIVITY WILL NOT BE APPROVED THERE IN THE FUTURE WITHOUT A ZONE OR GENERAL PLAN AMENDMENT CHANGE AND HE MUST MAINTAIN THE PROPERTY AT ITS CURRENT STANDARD Building Division Manager Chipman presented the staff report. He indicated that it was staff's recommendation the City Council deny the appeal of the nuisance abatement and obtain clarification with the use of the business license. Edward O'Connel, Murrieta resident and representative for Mr. Rotellini, stated Mr. Rotellini left to Italy to be at the bedside of his very ill father and would not be able to attend the meeting. He indicated Mr. Rotellini conveyed his thanks to the Council for hearing his case and apologized for not attending. Councilman Magee indicated since Mr. Rotellini has maintained the property and since the City does maintain an active business license, he suggested asking Mr. Rotellini to continue to maintain the property in its current condition, and that he be permitted to park no more than two commercial vehicles at anyone time on his property until the current business license expires that clearly states this will not be approved again and that residential property is no place for commercial vehicles. City Attorney Leibold indicated the current business license was issued March 3, 2008, and expires March 31, 2009. Councilman Buckley indicated it was still in a residential zone and the City cannot set that precedent. Mayor Hickman requested that Mr. Chipman check the property every couple of months to ensure the property is kept clean. It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to deny the appeal and permit the property owner to park no more than two commercial vehicles on his property at anyone time until the current business license expires recognizing that commercial activity will not be approved there in the future without a zone or general plan amendment change and he must 6 Agenda Item NO.6 Page 33 of 36 maintain the property at its current standard. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM(S) (13) THE MAYOR WAS DIRECTED TO MEET WITH THE THREE HOMEOWNERS GROUPS AND FIND OUT WHAT TYPE OF ASSISTANCE THEY WOULD REQUIRE FROM THE CITY AND REPORT BACK TO COUNCIL Mayor Hickman indicated his concern was trying to salvage the trees and suggested placing mulch around the trees in lieu of watering the trees, have Council sign a letter asking each neighbor on each side of the home to throw a bucket of water on the mulch. He also suggested doing a study in three areas; Canyon Hills, Tuscany Hills and Rosetta Canyon because they have professional landscapers. Councilman Magee suggested the Mayor meet with the three homeowners groups and find out what type of assistance they would require from the City and report back to Council. Mayor Hickman indicated his goal was to not use any of the City's money, use the Youth Corp., community hours and some of the HOA's landscapers. Councilman Buckley inquired if Council encourage neighbors as part of a City program to go onto other people's property, foreclosed or not, does this color of authority of the City lead to liability exposure City Attorney Leibold responded she did not think so. She indicated the City cannot provide any kind of protection from any kind of action that might come. She indicated that type of action would be unlikely and did not think the City would incur any type of liability. 7 Agenda Item NO.6 Page 34 of 36 PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: 1) Thursday, August 14th, Farmer's Market, 4-7:00 p.m. being held at Main Street and Heald. 2) Thursday, August 14th, Blazin'August Nights, 3-7:00p.m. being held at Storm Stadium, a custom car and chopper show. 3) Saturday, August 16th, August 23rd and September 6th, Music with a View - Concert in the Park, 7:30 - 9:30 p.m. at McVicker Park. 4) Sunday, August 1 ih, NFL Fantasy Football Draft Party at the Diamond Club, 11 :00 a.m. to 4:00 p.m. 5) Thursday, August 21st, EWDC Luncheon from 11 :30 a.m. -1 :30 p.m. at the Diamond Club. 6) Saturday, August 23rd, Lake Elsinore Cruise Day - Car Show, 5:00 -8:00 p.m. on Main Street. 7) Thursday, August 28th, The State of Our City - 120th Anniversary, 5-7:00 p.m. at the Diamond Stadium, $25 per person, please RSVP by August 21st, for more information call 674-3124, ext. 204. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tern Kelley commented on the following: 1) Announced school starts Wednesday, and please to watch out for the school kids. 8 Agenda Item NO.6 Page 35 of 36 Councilmember Magee commented on the following: 1) Thanked City Manager Brady, Public Works Director/City Engineer Seumalo and Public Works Manager Payne for their actions and efforts during the recent earthquake. 2) He will be representing the County Transportation Commission with Senator Feinstein's Office at a meeting to discuss the importance of transportation funding for Riverside County. 3) Recognized the passing of former Councilman Robert Vermillion. He noted one may not have always agreed with Bob, he stated he did admire his passion for our community. He stated Supervisor Buster once referred to Mr. Vermillion as an "unstoppable force," and requested the Mayor close the meeting in his honor. Council member Buckley commented on the following: No comments. Mayor Hickman commented on the following: No comments. Mayor Hickman adjourned the meeting at 8:32 p.m. in memory of Bob Vermillion. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 9 Agenda Item No.6 Page 36 of 36 CITY OF .~ LAKJ: 6LSiN.O~ , ... .... I ~..g DREAM EXTREME", REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 SUBJECT: WARRANT LIST DATED AUGUST 14, 2008 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Recommendation Authorize payment of Warrant List dated August 14, 2008. Prepared By: Matt N. Pressey Director Of Administrative Services Approved By: Robert A. Brad~ City Manager JLl!V Agenda Item No. 7 Page 1 of 6 AUGUST 14. 2008 CITY OF LAKE ELSINORE WARRANT SUMMAR Y FUND# FUND DESCRIPTION TOTAL 1QQ___GENEI~AL Fl}ND __________________ __________L_'tJ34,520.70 104 TRAFFIC OFFENDER FUND 757.20 -~-----_._.. _._---_.--_.._----_._-_._-~_._--~---~....__._-_.__.~ 1()_~___ MISC. GENi::Rf\L PROJECTj=LJt..JI:L__ .._.._._.__.___n___________u__l~,Q37.40 110 STATE GAS_TAX FlJND _m_____________________ ________J,329.28 112 TRANSPOf3.IJ\TIOf'-J/MEASURE A FUf\lI:)____ ___ ___ __ __ ______ 15,280.00 13Q___ L1GHTIJ'.jG/LAl'JP~CA.f'E MJ\!r-.JTEN.J\I'-LCE FUf'-JI2.._____________ ....._. ________ 1 Q2,287.59 135 L.L.M.D. NO.1 FUND 450.00 .,.________________..__________ _._._._.________~_._.._____..,__.".________. _...______.m______n____ 205 TRAFFIC IMPACT FEE FUND 566.85 --~----_.,-_.,._-----_._~--_.. ..-----------...- -- ------_._-.----------~--_. ...._----,...----------- 221 PARK C.I.P. FUN[}______ _ ._______m __________u_____n_.1..762J5Q.. ~?g_~~Q. 86-1DE:.~T SERVICE FUNI:)___n____________________ _ 298,038.73_ 353 A.D. 89-1_p_EBT SE:_RVICE FUf'-J_[}___________________________32E),212.48 l!?6_---.A~Q.:. 90-1~.Pi::BT ~E:RVICE FUr-.J[L__ . _ _____ _____ __J.!?6.4R&0_ 357 C.ED. 2003-2 DEBT SERVICE FUND __._______________ _____ 12()~?_71.88 _:3E)()__~:Q. 93-1 [)!=!3T SERVICE FUN[)_______ ____ ___ 97?,100.00 363 C.F.[L?~::3J!L~9Z. SERIE_~_pEBT SEBYICE FUND ____________1...~?'8.12 366 C.F.D. 2005..-6 CITygENTER T()WN HOMES DEBT SEf3.YICE FLJf'-J~___ 97...959.38 368 C.F.D. 200E3~ VISCt..Y A DEBT ~_E:RVICE FU_ND___ . ____ _ _ 212,103.75 :3~~___~.F.D. 2004_-} ROSETTA CANYONDEBT~ERVICE FUND _ _____ J365,577.51 _ 3Z.~_g.F.D. 20Q!:i:LSEREt-.lJIY DEBT SEBYICE FUND __ _____________:3Q1,:3.60.64 372 C.F.D. 2005-2 ALBERHILL RANCH [)f::BT SERVICE FUND_______ _ __I04,578.13_ 384 C.F.D. 20Q3:?SERI~~2006A DEBT SERVICE FUND _____ ______.!??~~?~8.7~ 385 C.F.D. 2004:3 SERIES 2006A DEBISERVICE FUND ___________ 637,53E).2!?.. 389 ___ C.F.D. ~?___3 SRS 2.908 DEBT S~_RVICE FUND _____ 2,21~A~40.89 605 PUB~_IC IMPROYEMENT TRLJ_ST FUND__ ________1:3~~I5.00) 608 TRUST DEPOSITS & PRE-PAID EXPENSE ________~ 1,900.00 620 COST RECOVERY SYSTEM____________ 14,:3?J.37 GRAND TOTAL $ 8,993,797.91 8/15/2008 Warrant 081408 1 of 1 Agenda Item No. 7 Page 2 of 6 AUGUST 14,2008 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# VENDOR NAME AMOUNT 94717 .. VOIQ.::.QAIGLEljgMES~_______ __ __________ m___~______~~.. (725.71) 94742 ____~BI, INC. ________ .___.__ _. 18,998.10 9474~__~~.A...BETIREME:JiT TR~$T___~_~___ .___ 4l83.OO 94744___ THE L.I.U.QF N-"6.~_ .__.______~__~_____ ..... 3,430.80 94745_ ___~KE CHEVR9LET-PARADISE GRO~p_________.____ _______..._______ _?EM~:33.00 9471~ STATE COMPENSATION INSURP.NQSFUND______ __________ _ . _____21,286.37 94747 ROCK & ROLL CUSTOM PAINT 200.00 -~-_....._,- -------------- --_.-._--------~.._._.,._---- . "'.---------- 94748 LINDA M. MIL'-:E:_Fi________________________ ________~n___________~,3~2.5Q_ 94749 GLEN DAIGLE 362.85 ____ 0-.__'_--- _ ____________..,.,__.________________" - ------- ',- ---------- 94750 CRAIG SCHLEUNIGER 362.86 ~-----" --------- -.'----------..--- - -_._--~..._,._-------_.,_._-_._--_.._- - 96750 DOVERSPIKE: & ASSOCIA TES, INC. _ _ _ ________ ___________..J3,975.0Ql 96863 TIMMY D. PRODUQTIONS, INC. __... _ ._________ _. _ ______ _ _. __ (900.00) 9688i-~6887 A & A JANITORIAL SERVICE ______________________n_ __ 8,512.40 ~~888 __ ACTION ~6.RK ALLl6I':JCE, INC. ___ ___________ _________..!3,332.0Q. 96889 ALL PHASE REFRIGERATION & AIR CQNPITIONING, [NC. ______~_____________ 127.78 96890.__ ALLIED TRAFF:!C EQUIPMENT RENTAL!Jt:J.Q________ 329.45 968~J____~EgICAN FENg:_~OMPANY, INC~ __________ ._________ 420.00 96892 AMERICAN FORENSIC NURSES 979.50 --'---------------- . .. -------------- --..----------------.----.--..- 96893 APPLE ONE EMPLOYMENT SERVICE 39.33 -------~..._._----- --"-"'."-- .--.- -------.-......- ~,_.,.....__._--_..."._".._----- ---.--.-------.--------.....-.----- 96894 APPLIED INDUSTRIAL TECHNOLOGIES 298.94 -.--.------- ....__._-~._~_._-----_._- -.---..- -- '-"--"- 96895 APWA SOUTHERN CALIFORNIA CHAPTER 825.00 --.--.--..---.- .----~ 968~EL _ _ ARCIjNE MANAG.~MENT SERVICE~_I!'IG.._n______ _____________ 123.43 96897 ARTISAN GOLDSMITHS & AWARDS 21.55 --.----.-..-........-..---.- -~._.._". .- 96898 LORENA, AUTRY _ . _n_ 30.00 96899 . BANK OF AMERICA (0619), CITY MANAGER 1,114.16 969Q<L BANK OF AMERI9A (1076), POLlCE~tlIEF 572.35 96901 BANK OFt..MERICA (2017), FIRE CHIEF_ __~__~40.47 96902___ BANK9F AMERICA_(3309), FIRE STATIQNjl85 __ _____g02.7L 96903 BANKQE_~MERICA(1245), PARKS &~I::_G8_EATION DEPARTMENT __~Z?~~ 96904 BANK OF AMERICA~5336), FIRE STATlgN #10 ___________ 186.12 96905 BANK OF AME_RICA (5400), FIRE__~TATION #94 ___~_________ 427.02 96906 BANK OF AMgRI~A (6673), LAKE~A.9UATIC RESOURCES DEPT:_ 307.39 96907 BAUDVILLE 112.39 -----...-- 96908 BCS INSURANCE & FINANCIAL SERVICi::, INC. 621.44 96909 BEACH DE~_IGN, INC~___________ 7,525.00_ ~6!;lJQn____~IO-TOX LABORATORIES . _n_ _ J.L196.05 96911 BIRTCHER DEVELOPMENT & INVESTMENTS, L.:b.C.__________________.J ,060.3L 96912 DIANE BLOCK 249.80 .--.---------~-_._"'"~- _96913 __ _ BLOOMFIELD GROUP.!. INC. _ __:tJ?9.01 969.14___ BMLA,INc;_________.__________ 1, 7~.50_ 96915 C. P. R. S. 160.00 _____ _._______ ___.___._ ..__._.__._.__....n..._._______ _~13_~1~_n~..B.. & R. DISPOS6b.L~____ .___ _____~_____...J9, 19z.~~_ ~f3~JX_____~AL!EQBNIA P.E.R.S._______n___ . __'!!Q70.69 _~691~___ STATE OF_ CALIFORNIA, DEPA.RTMENT OF JUSTICE_____~___________~~~OQ_ ~~J~__ CANON FINANCIAL SERVICES, INC._____________ _~33.12 _9692L__ CANYON TI.RE SALES, INC. _______________ _ ____________________n__~ll_~ 96921 JOHN CARLSON 337.50 -~-_._--_.._._~~- _._.__._---_..~-------------- ,.. ---...--------.--..-.-...-.-.- ------.-..-.-.---.-- 96922 JUSTIN CARLSON____________~ 1,376.2JL 9692_~____...Q~TYRES RECYC_~IN_~ RESOURCES, L.b.c;:_______________________ _ __486.00_ 96924 CHEYENNE MFG, INC. ____________________________ 236.95 96925 PATRICK CLARK 204.37 _.n___. _____.____.._..__~__~___._.. ' .. .--------~-.----------------"...---..-- ---~--------_..--.-...---.-.-..~ 96926 COAST TO_c;.Q6ST WIRELESS~.9~ __________________________n_ .____...h597.38_ 96927 ISAAC COCHRAN 55.00 8/15/2008 Warrant 081408 1 OF 4 Agenda Item No. 7 Page 3 of 6 AUGUST 14. 2008 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# VENDOR NAME AMOUNT 96928 J<IRT ,<\._CQURy______ ___ .___.___ __ _____ _ ___~~()O.OO ~6.929.. _~_.9RAFQo., INC.__________ ____ _______ __._____J~919_4~ _969~Q:96931_ CT~LPAClfIC GR_EI:NSCA~~_____________. ______~__________ . 18,846.~ ~693?__ . CUTTIt'JG E~gE ST~ffltiG..lNC. __ ___ ____ ____J.208.30 ~2.~.~.______ __D & S J~LECTRJg__.___ .__________________~_ ______1.8~8.50 . 969_~4___ DATATICKEI,JNC. ____________. . _. ______.___. ___ .__ 1,.1 11.3jL 96~~5____ DAVID Ho.GAN Co.N.~l}L TINQ?EI3Ylc:ES .______________.~ . ____L098.99 96936. .._______n~CK D~ SANTI,ll.<3~___. ____ __________________ __ _____J?O.OO j}~93I__ DIAMOND STADI!,JM GRQ!.Ip,_L.L.C._______ .__________________882.77_ j}6.~~~_ __()IEHJ",_ EVAN~_& Co.MP~N'!'~ L.L.f>.________.____~_____n___ 4~000.OQ_ 96~}!L______ _ DIRE~~________ ____________mm.___ ..._____ ._______n.QL.. ~69iO"~_.9_~-'3o.LE K:..Po.NAH()_~_~J.y.P.._.. .______ ___________ .__ .._______J,9~I&~ 96941_ n___..QQWNS Co.MMI::~CIAL El}~1..1NG, INC._____ . ______ ________~,_1?26.2~ _9694?-96946_E:._y-"'M. W._[)_.______..._~__ _ ____ ...__________~8,728.98 ~{)947 ______ ELITE ELEVA.TQR, INC. ___ .. .. _____ .__ ____~_____________ .185.00. 96~4~__. ELSINo.~E ELECT~9AL sUPP~Y,_ltic:.__________ _ __~_.._ _____?82.87 J!{)~4~__96950 _EJSINo.REPJo.NEER L_Ll_~BER Co.. . ____. _____ ..J,62~&L 96951 ELSINo.RE VALLEY RENTALS 319.61 -~-_..'_._----------- -- --_._--------~_._-- ._~--.._,----------- 9695_2_____.E~ERCo.N Co.NSTRUCTlo.N, INC. ......__ _ _ _ _ n. _______~,170.01 .. 96953 EMPLo.YMENT DEVELo.PMENT DEPARTMENT 803.45 ---..-------- ----------. --.----------- ____u'_n.__.. _~6954___ __ ENVIRo.NMENT AI.._9.1EANIN.g_ ______ ________ ____u_ ___4!853.23_ 96.!)~5___ ENVIRo.NMENT AL SCIE~9E ASSo.CIA TES __m _ 5,977.3_3_ 96956...._ .__ EXCEL LANDSCAPE, 'NC. ________ .___----.1~,448.00 96957 FEDERAL EXPRESS Co.RPo.RATlo.N 307.59 ----.-....-- -----.......------ ._--'~-,._~_..- 96958__ FIRST AMERICAN Co.RE Lo.GIC, INC. .._____________ 222.6.Q. J!6959 Go.LDEN 9FFICE T~ILERS, INC. .. ________. __________ .____ 269.38 96960 THE GRAPHICS Co.MPANY 904.00 __no" ___ .________.._ __.~___. ___.____ 96961 JESSICA GUZMAN 80.00 --, --- -- -...--------- ._~- 96962 HARBo.R FREIGHT To.o.LS 78.21 -'---'..--- __ ~__._n__ __~__.,._._.__ 96963 HEWLETT-PACKARD Co.MPANY 252.14 -~..... -~-.._.__._---------------..--. -... ~._------ -_._._-~--_...,....._------------_.._-_.- 9_~964______ ..HI-WAY SAFET_Y, INC. ___________ _________~1?8.23 96965__ HYDRO. SCAPE PRo.DUCTS, INC. _m____ 324.64 96966 IMPACT PRo.Mo.Tlo.NAL PRo.DUCTS 273.52 -~--------- n' "~______ 96967 INLAND EMPIRE Lo.CK & KEY 111.89 -"........- - ---"---~--"-'-- ---.--....--,--.-- 96968 INLAND URGENT CARE WILDo.MAR 257.00 ___n______...... _~,_ ____.__ __._..._____________ __"._...________-"_ 96969_. INNo.VATIVE Do.CUMENT ?o.LUTlo.NS __~_____.______?,_205.58 9~IO INTERNATlo.NAL PLASTICS, INC. ..... ____________________n_j,416.24 96.~7L INTERSTATE SWEEPING SERVlgf:.?__ . .. __ __________ 1,870.00 96~XL__KDM MERIDIAN ___~_____ _ ________________.___ 14,680.QQ. 96973._____ LAKE.!3UICK Po.N.T!~~_ GMC, INC. . . n .. ________ _______n 179.89 969?1____ LAKE ELSINo.RE VALLEY CHAMBE~_o.F Co.MM~RCE _____ ..... 4,30~Q.(L 96975 LAKEStlo.RE Ho.MES~ DEVELo.PM~tiL INC.__________1!,983.00 96976 PREClo.US LEE 232.50 ------,"' .....-------".-.-.-- - -- ---~----_._..- ---_...-_..._..----~ ----------..... - 96977_. LEIBo.LD, MCCLENDo.N & MANN .. ___________ .____ _42,620.75. 96978-:!:}13979 Lo.W~'S Ho.ME CEN~ERS, INC. _u___ __.__ 2,127.J4_ 96980 MARTIN & CHAPMAN Co.. 26.40 - --- -._....---_.._-_..~--------- ---.-.......-----------.".--.--.--.-- '-"--- --_..- 96981_. Mo.BILE S~TELLlTE VHJIYRES, L.p... . ________.__ . _______ .__ 72.96_ 96982 ELIZABETH Mo.NTES 80.00 -_._.__.._.~ - --- ------.--.---- ---~_.-_...__.._------ --..--.---..-.......-----...-..-- 96983.____J.t1o.RRQW PLUMBI~~LINC.____._ ___________ ..w____ _____ 89.31 96984 ____ ___ Mo.RRo.W PLUMBING, INC~______n_______n_____J!!1?~50_ 96985 MR. & MRS. Go.NZALES 500.00 ------- - ----.......-.----------.-- ------_._.~-_.._-----_._---_.._._- -- ..------------ 969~13n MUNISERVICES, ~~I..:C. ________ .____ 375.00 9698L _~o.!U~!~N SAFETy'9.9., INC.n_____.________n_______.____________~7'A2 _ 8/15/2008 Warrant 081408 20F4 Agenda Item No. 7 Page 4 of 6 AUGUST 14. 2008 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT _96988_____ __Ot-KLEYSALESCORPQRATION________.. __._____.___ -------__ZPZ..?Q_ 96989 ____QCB REpROGf3APH1c:L______ _________ ____ ___________140..1~_ 96~90 ..__ .._PARDE~ HQME:S_ .___m___ ______...n___._____ mn_____________6,800.0Q.. ~~991_____.E..ETTYC~SI-I________________ ___ _ _ _ __ __ __ _ __________ 385._66 9699~ __ _PORT SUPJ:>LY -- -- - __ ___ __ _ ______._____ -------_---.!I1-.~2.... _9!)993______pREMIUr-vi P~LOtv1AR MT. SPRING WATE:JL___________________________~OO.4<L _9~99i..____...IH.E...PRESS !=NTERpRISE__ ____ .____________ .____________.114.!Q_ _969~__p_13_0~PLANET l!'JDUSIRIAL SUPPL Y _____ __ _ ______________ _ _________52R20 . _96996.... _ __PRlJDENTIAL OYERALL~!)PPLL _ __ _ _ __ ____ _ __ _ _ _ _____ _204.73 969~L___ _9!JI~L CORPO~TI91'L_______ ______ ----.---____.________3~Q.5l_ 9699{L QWEST COMMUNICATIONS 964.66 _9699~__ _ ~-REDEVEL9Pry1ENT ~<i~NCY' FOR.. THECrry OF LJ\KE_~LSINORE=--=-~_-_=__=-===_99,~68.67 ~7900__ __ RE:_GENTS UC_____________ _________ ______ ______ _______"150.75 ~70QL____ __~IG~TWl\YSITE SERY'CE~_'NC.___ _ __ __ ___ ____ ___ _ __ ___-.1,?24.8~ 97QQ2____ BQ?A RIV~~____________ ______ _ __________ ________ 80.00 97QQ~__ RIVERSIDE 90!)NTYflRE DEPT~___ _______________ _ _____ _____ 355,860.90 . ~I004___ B.IYERSIDE C9UNTYB.E~ORDER -------------.-----_______1~.0()_ 9700~___ ____BlVE~SIDE COUNIY SHERIFF _________________.__.__.. 11,520.30 97006 RIVERSIDE RUBBER STAMP & ENGRAVING 221.77 - ---'._---- --~-------._---.~--_._-----_._--,. --~-,._----..__.~_._-------_..._-_....,---_.._-_._._--.--...-----.-----....--- _~700I___ ____CQ.UNTY OF. RIVERSIDE, AUDITOR CONTRQL'=.ER___________ .___ _ _____7.944.8~_ 97008...___ __BOBE3INS PE?T ~AN~GEMENT. INC. _.______ ____ _______________~20.00_ 97009 CRYSTAL ROBINSON 207.30 -----.--.---..-.-..--"'.-.--..-~-~---...--..,------,..--.'...--- - --....------_..__.___n__....__.___..___.__..______._._ 97010 DAWN RODRIGUEZ 60.00 ._.__._----'-_.__.__.._.-..~-----~.._~._..__.._--_._..-------~_.-.._._---~---_._..__..._--_.._.,.._-~-~--..~----.--..-.-- 9791.1.. . __HOJ5L1N?YSTEM?INCQRPORATED .__.__.___..___ .1,9~~69. 97012 MARIA SANCHEZ 40.00 _...._____. -------0._. .._.__~__~___._.__.__..~..____ ____...___~..____~___.__...~..__~____ 97013 SCOTT MORRISON & ASSOCIATES 340.00 -..---.--.---. ~~-----_..._-_.,.~_.--_.,-~,.,--_.......~--~--~---_.,.----- 97014 SHRED-IT 90.00 ---_.-..._._-----.,---~~-----_.._._.~--_.__.__._-,...-_._----~."_.~._--_.._-----_._._,--,._----_.._----,~ -_.._-----~ ~70g)__ .__SMART &fINAL________________________.___ 90:~ _~7016_ u_ ._....EAM SMITH__.__...______________ _________80.00 ~IQ1I ..________ Dt-V1D_? SOLOMQL_ ____. ___ ________________~400.0Q_ ~701{3_______?OUTH WESTERN SEf',LCOATING, INC. __ __ __ __ ___ _ ___~2,375._1Q._ ~?019=~}702.~_ SOYTHE:RN C~L1FO~!'JIA EQISON.90. ----______u___ 5~!861.3~ ~70~.L ____$OUTI-lERNCAL1FORNIj\ GAS CO. _______u____ _.________.~.57 _~702~___ _ SOUTHWE~T CA!-JFORNIA ECONOMIC ALLlANCE_________________3,936.~i.. ~70?L ____STAt-JDARD INSURANCE COMPAN~_.___._________2.356.{3L ~?:Q27_____ ST~PLES BU~~NESS t-DV~~T AG~____n____________________---.l!?1. 70. 970_~L.___~TAUFFER'S LA..WN EQUIPME~________________u__ ---.1{33.33. ~7'~.!L ___ PED_RO TAPIA_______________ .. ________________________~O.OO _ 97930 _____.I~~M AUTOA~D. INg.__~________._____.._. . ________._~4.77 _~7031_ __ KATY THE~L___._________ ___ ____nu____ ________ 80.oeL ~?_032 __ _ TIMMY Q. PRQDUC!'ONS, INC._~m_____________________----100.00_ 97033 TUSCANYHILLSLANDSCAPE&RE~.CO. __._ ______ __ _ ____J5,59~_.g<L J}j()34::.~70:36_ U~ION BANK OFGALlFORNI~________________.._.___.. 7.2I6.64t~_ 97.931'__ __.UNITED ~ARCI;L SEI3VICE____________ _________________.138.41.. j}?03~____n US_BAN~ .__________________________ ___.____ 32~,212.4f.L 9703~____VE.NUS PRINT!NG _______________ ________._______561.~_2_ 9704.Q__ _[)ELFI!'JA VE_RDIN_ ___ _____ _______ __n______ _ _____ ___ ~25.00_ 9701"1__ __yERI?ON9ALlFORNI~______.________.____?2.19 97'01?_.. ..._YERIZO~_EQUJPMENT S~!:~~~?_ERVICI;__ .___________ __.._________.!.1.47.1.L 97943 ..... VERIZON ONLINE __________.___________ .___________J.!59.95 _ 97044 _____...Y'-LJ.-AGE EQUIPMENT RE~l~LS!INC. _ __ __ _ ___ __ ___ ___ _ ____ _ _ _--.153..00 9701~. ___VISlgN S_E:RVICEPLA~________ u___..___.____ ____________J,616~!?.2.... 97046 WENDY WADE 40.00 -- -------------~--~~-~----- ------------~---~- ---~-~~~ ----- 8/15/2008 Warrant 081408 30F4 Agenda Item No. 7 Page 5 of 6 AUGUST 14. 2008 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# VENDOR NAME AMOUNT 97047 KAREN WESSEL 75.00 .'. - -~----_.__..~~_._._..._-~------~--_.._--~ ..---..-----.--..........----.--- - - --------"._-- jl7048 _ WE~T CQ~ST A~BOR'-~JS, ING~___________ ____~____ _______ j,640.~ 97049__ WESTERf'.J BANK_ OF CIjINOOIS_~________________ _ _______2,607.49 97059__ VY~STE81"--RIVEB?IDE CpUNCIL OF GOVERf'.JMENT~______ _ --------____----1, 160.()Q.. 97051 WILDOMAR PLUMBING & DRAIN SERVICE 345.00 --.--,. _.~_._~--,-----~ .__.~-_.._-------_.,._------_.._-----_._----_.._,--..---- - -- '-..-...'-.....--......---.-.,--.-- 97052 WOODCREST UNIFORMS 42.21 ....-------.-~-------_.--..-..-.---.-._..------..---__.w..________...____..._________..__.________._ ..'_n'___ .__,..____..,___ 97053_____Y\'~.t',.JDY WORTIj~L __ _ ________ _____ _ ______ __________!,200~()Q.. 97054 ZOLL MEDICAL CORPORATION 79.20 .- ----------..-.--..-.---....-----------....-------.-_._________...__n_____ .__.___m.________.______ _ ________.~_~~.___~~_______ ---------------- . ~ ---------..---------..-.--------- ---------.--,-._--. -..----------.-------------.-------.--...------..-----.--. $ 8,718,267.16 PIE DATE 08/07/08 08/07/08 08/07/08 PAYROLL CASH ------.----- PAYROLL TAXES ----_..._-----_.~._--- CALIFORNIA P.E.R.S. . .n_________________~Q,848.8_~_ .____ 62,E3.34.71 .. ____52,04722 GRAND TOTAL $ 8,993,797.91 CHECK STOCK #338831 THRU 338985 8/15/2008 Warrant 081408 40F4 Agenda Item No. 7 Page 6 of 6 CITY OF ^~ LAIZE ,6,LSiNORI: Y DREAM EXTREME... REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 SUBJECT: INVESTMENT REPORT - JULY 2008 Discussion The Investment Report is a listing of all funds invested for the City as of the date shown on the report. Recommendation Receive and file. Prepared By: James R. Rile~ Finance ManageU Reviewed By: Matt N. Presse~ Director of Ad~~ Services Approved By: Robert A. BradYf}!d City Manager lL..ltv Agenda Item No.8 Page 1 of 11 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF JULY 31,2008 ACTIVE ACCOUNTS BANK BALANCE Bank of America - General Reconciling Items Bank of America - Payroll Bank of America - Flex Benefit Total Active Accounts $2,382,754.23 15,899.36 1,403.20 2,400,056.79 INVESTMENTS Local Agency Investment Fund Bank of New York-Trust Sweep Account Federal Home Loan Mortgage Corp. Federal Home Loan Bank Federal National Mortgage Association Sub-total Investments 34,952,724.41 81,057.24 5,000,000.00 4,000,000.00 2,000,000.00 46,033,781.65 Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (LAIF) Unrealized Gainl (Loss) at 6-30-07 per GASB 31 (Other) (12,160.00) (37,337.00) (49,497.00) 45,984,284.65 48,384,341.44 Unrealized Gainl (Loss) at 6-30-07 per GASB 31 (Total) Total Investments Cashier Drawers #1 & #2 City of Lake Elsinore Petty Cash Fund TOTAL POOLED CASH AND INVESTMENTS DEPOSITS IN TRANSIT OUTSTANG. CHECKS 0.00 (1,664,988.75) (3,616.54) (403.20) (1,669,008.49) (1,669,008.49) I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 24, 2008. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. August 26, 2008 Date Prepared by: J. Riley, Finance Manager BOOK BALANCE 717,765.48 0.00 12,282.82 1,000.00 731,048.30 34,952,724.41 81,057.24 5,000,000.00 4,000,000.00 2,000,000.00 46,033,781.65 (12,160.00) (37,337.00) (49,497.00) 45,984,284.65 46,715,332.95 300.00 1,000.00 $46,716,632.95 Agenda Item No.8 Page 2 of 11 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF JULY 31, 2008 FUND NO FUND NAME 100 General Fund 101 Supplemental Law Enforcement Fund 102 Local Law Enforcement Block Grant Fund 103 Office of Traffic Safety Fund 104 Traffic Offender Fund 105 Misc. General Project Fund 106 Affordable Housing In Lieu Fund 107 Developer Agreement Revenue 110 State Gas Tax Fund 112 Transportation Fund 115 Traffic Safety Fund 116 City Hall-Public Works DIF Fund 117 Community Center OfF Fund 118 Lake Side Facility DIF Fund 119 Animal Shelter DIF Fund 120 Camino Del Norte DIF 130 Lighting & Landscape Maintenance Fund 135 #1 Lighting & Landscape Maintenance Fund 140 Geothermal Fund 150 C.D.B.G. Fund 201 Street C.I.P. Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 211 Storm Drain C.I.P. Fund 221 Park C.I.P. Fund 231 Library C.I.P. Fund 232 City Fire Protection Fund 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 266 CFD 2004-1 Marintiqu 267 CFD 2006-1 Summerly 272 CFD 2005-2 CIP Fund 351 AD 87-2 Debt Service Fund 352 AD 86-1 Debt Service Fund 353 AD 89-1 Debt Service Fund 356 AD 90-1 Debt Service Fund 357 CFD 2003-2 Canyon Hills 360 AD 93-1 Debt Service Fund 362 CFD 95-1(96 Srs.E) Debt Service Fund 363 CFD 88-3/1997 Series F Debt Service Fund 365 CFD 98-1 Summerhill Improvement fund 367 CFD 2005-3 Summerly / Laing 368 CFD 2004-2 Vista Lago 369 CFD 2004-3 Rosetta Canyon 370 CFD 2005-x Camino Del Norte 371 CFD 2005-1 Serenity 372 CFD 2005-3 Alberhill Ranch 373 CFD 2005-5 Wasson Canyon 374 CFD 2005-4 Lakeview Villas 375 CFD 2005-1 D. Clurman 376 CFD 2005-7 La Strada 377 CFD 2006-X Tessara 378 CFD 2007-X TR#31957 379 CFD 2007-X Marina Village 380 CFD 2006-9 Tuscany W 381 CFD 2006-10 River LK 382 CFD 2006-9 Trieste 383 CFD 2007-X Canyon Hills 384 CFD 2003-2 SRS 2006A 386 CFD 2007-4 Mekenna 388 CFD 2007-6 Holiday 604 Endowment Trust Fund 605 Public Improvement Trust Fund 606 Mobile Source Air Polution Fund 608 Trust Deposit & Pre Paid Expense 611 Developer Agreement Trust Fund 616 Fire Station Trust Fund 620 Cost Recovery System Fund 650 CFD 2003-1 Law & Fire Service Fund 652 CFD 2007-1 Law & Fire Total Pooled Cash & Investments AMOUNT 3,247,740.18 241,797.98 14,070.53 84,846.92 1,331,635.69 1,003,019.41 3,318,522.80 1,579,971.21 1 ,723,097.82 596,279.39 893,477.56 605,965.52 339,576.87 385,199.07 32,391.25 (722,689.04) 147,230.09 17,663.45 (81,215.08) 12,661.38 118,302.10 4,863,296.62 6,457,147.73 1,136,295.22 1,270,377.63 680,859.29 132,628.27 64,864.50 (1,570.00) 813.63 49,002.13 374,097.95 362,424.04 599,518.10 1,183,184.65 1,842,964.08 286,954.28 2,519,504.35 551,941.28 (14,877.20) 475,717.62 1,078,743.40 28,428.52 144,137.75 736,616.33 209,774.42 55,341.04 44,447.09 612.72 45,489.13 60,904.59 373.27 475.59 56,928.21 75,004.51 63,217.98 604,634.61 (22,453.75) (604.80) 18,660.00 443,106.56 229,780.97 1,345,589.35 1,599,290.00 16.17 1,224,881.68 943,789.74 4,758.60 46,716,632.00\genda Item NO.8 Page 3 of 11 CITY OF LAKE ELSINORE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING JULY 31, 2008 Total outstanding investments as of June 30, 2008 PURCHASE MATURITY/ DATE CALL DATE Investment Purchases: FHLMC 3128X7H31 FNMA 3136F9UT8 FNMA 3136F9XJ7 FHLMC 3128X7L36 07/08/08 07/08/08 07/15/08 07/16/08 Total Purchases Investment Maturities: Total Maturities Investments Called: Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of July 31,2008 07/08/13 07/08/13 07/15/13 07/16/13 COUPON YIELD TO RATE MATURITY 5.250% 5.000% 5.250% 5.300% 5.250% 5.000% 5.250% 5.300% $ 48,741,334.73 COST 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 4,000,000.00 (4,708,405.57) (1,999,147.51 ) $ 46,033,781.65 Agenda Item No.8 Page 4 of 11 ~ o z """" 00. ~ ~ ~ ~ -< ~ ~ o ~ E-4 """" U 00. ~ z ~ -< ~ E-4 Z ~ ~ E-4 00. ~ > z """" ~ z -< 00. 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'" Po Po Po '" '" Po i%l = = = = i%l i%l = = g g g '" = c o~ 0 .~ .~ .~ ~ 0 0 0;: 0 0;: ";: Agenda Item No.8 ~ u u u ~ ~ ~ u Page 9 of 11 CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF JULY 31, 2008 DESCRIPTION U.S. Treasury Bills CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF JULY 31,2008 0.00% U.S. Treasury Notes 0.00% Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC 0.00% 0.00% 0.00% 13.06% 4.36% 6.55% Banker's Acceptances 0.00% Certificates of Deposit 0.00% Negotiable Certificates of Deposits 0.00% Commercial Paper 0.00% Medium Term Corporate Notes 0.00% Repurchase Agreements 0.00% Reverse Repurchase Agreements 0.00% LAIF (Local Agency Investment Fund) Current Balance 75.86% Bank of New York - Trust Sweep Account Current Balance 0.18% TOTAL 100.00% % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 78.28% 100.00% MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40.00% 25.00% 30.00% 15.00% 30.00% UNLIMITED 20.00% UNLIMITED $ 34,952,724.41 UNLIMITED $ 81,057.24 no less than 25% Agenda Item NO.8 Page 10 of 11 MONTH July 2005 August 2005 September 2005 October 2005 November 2005 December 2005 January 2006 February 2006 March 2006 April 2006 May 2006 June 2006 July 2006 August 2006 September 2006 October 2006 November 2006 December 2006 January 2007 February 2007 March 2007 April 2007 May 2007 June 2007 July 2007 August 2007 September 2007 October 2007 November 2007 December 2007 January 2008 February 2008 March 2008 April 2008 May 2008 June 2008 July 2008 AVERAGE CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH JULY 2008 (INCEPTION TO DATE) FFCB 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% % OF PORTFOLIO BY AGENCY FHLB FHLMC FNMA 0.00% 0.00% 0.00% 0.00% 3.33% 0.00% 6.23% 3.12% 0.00% 14.23% 2.85% 0.00% 18.82% 2.69% 0.00% 22.92% 2.86% 0.00% 20.74% 2.59% 0.00% 21.01 % 2.62% 0.00% 20.49% 2.55% 0.00% 20.59% 2.57% 0.00% 19.94% 2.49% 5.02% 24.91 % 1.91 % 3.85% 25.26% 1.93% 3.90% 28.57% 2.19% 4.41 % 26.17% 2.37% 4.77% 26.26% 2.38% 4.79% 24.69% 2.46% 0.00% 28.04% 2.54% 0.00% 27.59% 2.12% 0.00% 26.60% 2.21 % 0.00% 32.82% 4.68% 0.00% 30.05% 4.73% 0.00% 31.17% 4.80% 0.00% 36.37% 4.28% 0.00% 36.07% 4.25% 0.00% 41.34% 2.43% 0.00% 39.24% 0.00% 0.00% 31.02% 0.00% 0.00% 29.61 % 0.00% 0.00% 28.06% 0.00% 0.00% 16.79% 0.00% 0.00% 11.72% 0.00% 0.00% 11.72% 0.00% 0.00% 9.66% 0.00% 0.00% 9.20% 0.00% 0.00% 12.36% 2.06% 0.00% 13.06% 6.55% 4.36% 0.00% 22.25% 2.20% 0.84% TOTAL % OF PORTFOLIO IN FEDERAL AGENCIES 0.00% 3.33% 9.35% 17.08% 21.51 % 25.78% 23.33% 23.63% 23.04% 23.16% 27.45% 30.67% 31.09% 35.17% 33.31% 33.43% 27.15% 30.58% 29.71% 28.81% 37.50% 34.78% 35.97% 40.65% 40.32% 43.77% 39.24% 31.02% 29.61 % 28.06% 16.79% 11.72% 11.72% 9.66% 9.20% 14.42% 23.97% A~g6~em NO.8 -~age 11 of 11 CITY OF ~~ LAKE 6LSiN.O~ , I Y DREAM EXTREME... REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 SUBJECT: APPROVAL OF FINAL MAP NO. 31839 Backaround Proposed Final Map No. 31839 is located south of Lakeshore Drive between Lake Point Park and Lucern Street. The map contains approximately 76.06 acres and proposes twenty-two (22) lots with three (3) lettered lots for streets and public utility purposes. Discussion Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Tract Map No. 31839 and that all Conditions of Approval relative to the Final Map approval have been completed. Fiscal Impact None. Recommendations 1. Approve Final Map No. 31839 subject to the City Engineer's acceptance as being true and correct. 2. City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map Number 31839. Prepared by: Ken A. Seumalo #' Director of Public Works Robert A. BradY\f'l\, City Manager - JaJY Approved by: Attachment: Vicinity Map Agenda Item NO.9 Page 1 of 2 /?5' ...../' ,i?", >:/i~ !~~Q.J. / "'r~~{~~~~o: 'i.! !r~~~ ~ic-ll~;~~~c~ ~~ / !;;(.~< ~:1 I ( '; If t(: . ...~tl 'l<Q,,7 I: <'!!ti. '; /L'ij if... :;;>. ><T'c':i:;;;.; ,., :<i.l ~..... !':'.i>~' . ..:";;ty lxiI: );l/.(~,/.,j! '~%i; i:....~ '< :~~: j~/(, "- 'eLf <: I ;!;;: ~:/)':e r~~~ /;) / I .;ji,;~ ~,:l,. ....:::.;.. . : I ri' :'"Aii' I./,:I:'::L., ~ ! l if ~(!ll'/~r~~ ~A'~ !~..: 'I>:", --~, f ~0~t~Z;~i~1~>;;''f! 11II ili' II "" " ... r./. c' I.) , " ;i ~ ><../:Y vt. ;/;//1/:/,,-/.7<, '; ~ i! Ss " . ,.'i...J I.',.. '.'i'. / il!. '/ .,,'.; ,,"1,1'''' ~ .~ :,! ;>:;;;';/.IW 'I: ~ "-'r, 'f /'Z; i/A':,,;; >,?4.}/(!)! :~ C, !!;;';:t~1:S} ":::1/' 1/ t2~)i}'.'i'!i~I! 'I'!:; 'il ~!:..Q);~'~i;';)' ....... [:/:.~~:t/ )'!2//';:,.// ~"'/ .Y:::r "ib;. ~~/Ji<'~<j . .:... k... ',~ I/o; // I?) . 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LAK-E ,6,LSINORf ?~ DREAM EXTREME TRACT 31839 FINAL MAP CITY COUNCIL CITY OF LAKE ELSINORE AUGUST 26 , 2008 N Base map prepared by. f City 01 Lake Elsinore Agend Itm~~'9on Data urces'_0 a t I r~eGIS ~~k~sinore GIS Slaleplane NAD 83 REPORT TO CITY COUNCIL TO: FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER AUGUST 26, 2008 RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR THE STEVEN'S KANGAROO RAT (SKR) AND ERRATA THERETO DATE: RE: Introduction The Riverside County Habitat Conservation Authority (RCHCA) is a public agency that was formed pursuant to the Joint Powers Agreement (JPA) between the County of Riverside and the cities of Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Perris, Temecula and Riverside. The JPA governs the acquisition, administration, operation and maintenance of land and facilities for ecosystem conservation and habitat reserves to implement a habitat conservation plan for the Stephens' kangaroo rat and other listed or candidate threatened or endangered species. Restated and Amended JPA At its May 15, 2008, meeting, the RCHCA Board considered and approved the Restated and Amended Joint Exercise of Powers Agreement (Restated and Amended JPA), constituting the 10th amendment to the original agreement. The Restated and Amended JPA makes the following changes to the previous versions of the JPA: First Change - Renaming Agreement The first change is to rename the JPA as: "Restated and Amended Joint Exercise of Powers Agreement". The purpose of this change is to have the title of the document reflect that the agreement includes the original JPA and all of the amendments thereto. Second Change - Adding Section 2.1 The second change was to add Section 2.1, which identifies the date on which the JPA was originally created and the date of each amendment to the JPA. Agenda Item NO.1 0 Page 1 of 41 Restated and Amended Joint Exercise of Powers Agreement August 26, 2008 Page 2 of 4 Third Change - Amended Section 3.6.1, Compensation The third change is an amendment of an existing provision. This amendment places a $400 cap on the amount of compensation that RCHCA Board members can be paid in anyone month. There was no cap on compensation in the previous versions of the JPA. Fourth Change - Amended Section 3.7.1, Regular Meetings The fourth change is an amendment of an existing provision. This amendment changes the number of RCHCA Board meetings from one per month to at least four regular meetings per year. Fifth Change - Amended Section 3.7.3, Minutes The fifth change is an amendment of an existing provision. This amendment requires that the RCHCA Board approve its meeting minutes instead of ratifying them. Sixth Change - Amended Section 3.8.4, General Manager The sixth change is an amendment of an existing provision. This amendment clarifies the General Manager's contract authority. It states that the General Manager's authority to enter into Agreements in an amount not to exceed Twenty-Five Thousand dollars ($25,000) is per Agreement, per fiscal year. Seventh Change - Amended Section 3.10.1, Contribution of Mitigation Fees The seventh change is an amendment of an existing provision. This amendment requires that all mitigation fees collected for the Stephens' kangaroo rat from and after Auqust 24.2006 shall be forwarded to the Agency. In addition, this section was amended to change the numbering system used. The numbering change did not result in any substantive changes to the agreement. A clean copy of the Restated and Amended jPA is attached to this staff report. Also attached is a redline document that shows you the changes that would be made to the most recent version of the JPA if you were to approve the Restated and Amended jpA. By way of explanation, the red underlined text in the redline version indicates language that was added by the Restated and Amended JPA and the boxes on the right-hand side of the page with the title "delete" indicate information that the Restated and Amended jPA would delete. Agenda Item NO.1 0 Page 2 of 41 Restated and Amended Joint Exercise of Powers Agreement August26,2008 Page 3 of 4 Summary The RCHCA has requested that the Member Agencies consider and act upon the Restated and Amended JPA. Errata Sheet to the Restated and Amended JPA After approving the Restated and Amended Joint Exercise of Powers Agreement, the RCHCA Board identified some minor technical errors in the document as it was approved on May 15, 2008. Therefore, in addition to considering the Restated and Amended JPA, the RCHCA has asked that the Member Agencies also consider and act upon an errata sheet that identifies certain corrections and clarifications that it would like to make to the Restated and Amended JPA. The errata sheet contains one clarification and four corrections as follows: Clarification of Section 3.4 Effective Date This section should read, "The Agency was created on May 15, 1990, and this Amended and Restated Agreement shall become effective on the first day following the execution of this Agreement by the last of the Member Agencies." Correction to Section 3.10.1 B, Audit The first sentence should read, "Pursuant to Section 3.12 of the JPA, the County and Cities shall maintain complete and accurate records with respect to all Local Development Mitigation Fees collected under their Local Development Mitigation Fee ordinance." Correction to Section 3.10.4, Budget The first sentence should read, "No later than May 31 of each year, the Board shall prepare and approve and estimated budget of the amount of money required to implement the habitat reserve program during the fiscal year." Correction to Section 3.13 The document omitted numbering section 3.13. Section 3.13 should be Withdrawal. All numbering should follow sequence thereafter. Agenda Item NO.1 0 Page 3 of 41 Restated and Amended Joint Exercise of Powers Agreement August26,2008 Page 4 of 4 Correction to Section 3.17, Indemnification of Member Agencies Should read, "Provided that a Member Agency has acted in good faith and in accordance with this Agreement and the Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat, the Agency shall defend, indemnify and hold such Member Agency free and harmless from any loss, liability or damage incurred or suffered by such Member Agency by reason of litigation arising from or as a result of any of the following: The Member Agency's impact mitigation fee ordinance; the Member Agency's participation in the Agency; actions taken to implement the Short- or Long- Term Habitat Conservation Plans for the preservation of the Stephens' kangaroo rat; claims of inverse condemnation or unconstitutional takings against a Member Agency; or any other act performed or to be performed by the Member Agency pursuant to this Agreement, the Short Term Habitat Conservation Plan for the Stephens' kangaroo rat, or the implementing agreements; provided, however that such indemnification or agreement to hold harmless pursuant to this Section shall be recoverable only out of Agency assets and not from other Member Agencies." Fiscal Impact None. Recommendations 1) Approve the Restated and Amended Joint Exercise of Powers Agreement; 2) Approve the Errata Sheet for the Restated and Amended Joint Exercise of Powers Agreement. Prepared by: Barbara Zeid Leibold City Attorney Approved by: Robert A. Brady~ rR City Manager UUV Agenda Item NO.1 0 Page 4 of 41 . .... .. -( Formatted REST A TED AND AMENDED JOINT EXERCISE OF POWERS .a. n. ..-. .... "" .... .". .... ._.' .... no, ..., m. .", ._. _." "., __ ..., ._. .._. .... un .... _m no, ..., _ .... ,... no_ .... .,,_ ._. __ ___ .... n'. . U_ _ _ .... _ .... . _. ._ _ AGREEMENT 1 Deleted: .CREA Trr-.JqRIYE~SID~ ~ql!NTX: H:A~rr A T~QN~~~ VA TIQN _ <././: Deleted: ~ AGENCY / -{ Formatted: Font: 16 pt / -{ Deleted: ~ ~ 1. PARTIES AND DATE This Agreement is made by and between THE COUNTY OF RIVERSIDE, THE CITY OF CORONA, THE CITY OF HEMET, THE CITY LAKE ELSINORE, THE CITY OF MORENO VALLEY, THE CITY OF MURRIETA, THE CITY OF PERRIS, THE CITY OF TEMECULA, and THE CITY OF RIVERSIDE, (hereinafter collectively called the "Member Agencies"), for the acquisition, administration, operation and maintenance of land and facilities for ecosystem conservation and habitat reserves for the Stephens' kangaroo rat and other species which have been listed as threatened or endangered or which are candidates for such listing pursuant to the laws of the United States or the State of California. 2. RECITALS AND DEFINITIONS . , , .. _/-'1"- , Deleted: ~ Formatted: Bullets and Numbering Formatted: Font: 16 pt, Underline Formatted: Font: 16 pt .. Formatted: Font: 16 pt, No underline Formatted: Font: 16 pt, No underline Formatted: Left Formatted Table Formatted: Left Deleted: 2/21/08 I Deleted: thru Amendment #9 - Co I Deleted: nsolidaled lP A / / 2.1 .Agreel11ent. This. Agre~l11e)1the~~~y ~~st~!~~ anqam.epqs.!4e //< Agreement created on May 15, 1990, and all amendments thereto as , , follows:. . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ j/' Amendment #1 08/20/1990 .~-- Amendment #2 11/06/1990 I I II II, 11/ //; 10 'fl Amended.5iI5iO~- Restated and Amended and Amt",dnlC'1lt # I 0 theret<1.f _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .' Agenda Item No.1 0 Page 5 of 41 Amendment #3 04/30/1991 . ___ --{ Formatted: Left Amendment #4 06/01/1993 ._ _ - -{ Formatted: Left Amendment #5 Not Approved . _ - - i Formatted: Left Amendment #6 08/01/1995 ._ - -- i Formatted: Left Unnumbered Amendment 06/03/1997 .. _ _ - -( Formatted: Left Amendment #7 02/11/2003 ._ _ - -- i Formatted: Left Amendment #8 02/28/2006 . __ ___ -' -( Formatted: Left ) ] J ] ] ] J ] Amendment #9 Not Approved .This Agreement fUrth~ral11ends ~ll~A.gr~~Il~~I?~CT~~ted()lll\1(lY J 5, ..,1~~9 ,_ ',< i ::::ed: Font: 16 pt in the manner set forth herein; Formatted: Font: 16 pt .2.lParti~s. Each of the parties hereto js aRl!~lic ~gency' _(l.utllOri~ed/-': Deleted: 1 and empowered to contract for the j oint exercise of powers under the Government Code of the State of California. , 1 Deleted: 2 2.1. _ Power. .E:~(;11. <?f .tl1~. M~Il!~~l" Ag~!l~j~~ .ll~s. !11~. ~l!!ll<?J."i!y. ~I?<:l., ,/ power to purchase and maintain real property and to establish ecosystem conservation plans, and to design and implement habitat conservation plans for the protection of the Stephens' kangaroo rat and other listed or candidate threatened or endangered species. , 1 Deleted: 3 2.j, Need. The lJnited States F.ish ap.A Wildhfe_Service_ J~he,/' "Service") has listed the Stephens' kangaroo rat as an endangered speCIes. The California Department of Fish and Game has recommended changing the Stephens' kangaroo rat's status to endangered. In order for the Member Agencies to obtain permits for . __- --{ Formatted: Left l I II II II( 1(( 1(, III III Amended~/ I S/O~- Restated and Amended and All1(:''lldmt.>nt #1 0 thcrct(~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _II Deleted: 2/21/08 I Deleted: thru Amendment #9 . Co Deleted: nsolidated lP A Agenda Item NO.1 0 Page 6 of 41 incidental takings of the Stephens' kangaroo rat and its habitat, the Member Agencies must develop a program for the protection of habitat occupied by the species. This Agreement implements that program and provides for development of a program to protect other listed or candidate threatened or endangered species, and for the establishment and operation of programs to protect habitat required to maintain ecosystems essential for the preservation of species of plants and animals. 3. TERMS T,m 3.1 Creation of Agency. There is hereby created a public agency known as the Riverside County Habitat Conservation Agency, herein called the" Agency". The Agency is formed by this Agreement pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California relating to the joint exercise of powers common to public agencies. For the purposes of this Agreement, the Agency is a public agency separate from the parties hereto and shall be the agency to administer and execute this Agreement. 3.2 Purpose. The purpose of this Agreement is to create a public agency to plan for, acquire, administer, operate, and maintain land and facilities for ecosystem conservation and habitat reserves to implement a habitat conservation plan for the Stephens' kangaroo rat and other listed or candidate threatened and endangered species. Amended~i\ 5!Oflr- RestJled and An1Cllded and Amclldn1Cllt 111 () theretl~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, / Deleted: ~ +- '>-, ~ / , -- , Formatted: Bullets and Numbering Deleted: 2/21/08 , Deleted: thru Amendment #9 - Co Deleted: nsolidated lP A , 'I 'I 'II 'II /// 1/1 '" Agenda Item NO.1 0 Page 7 of 41 3.3 Powers. In carrying out the purpose of this Agreement, the Agency shall have the following powers: 3.3.1 To make and enter into contracts; 3.3.2 To employ agents, consultants, attorneys and employees; 3.3.3 To acquire property, and any interest in property, both real and personal by purchase, gift, lease, option, grant, bequest, devise or otherwise, and to hold and dispose of such property; 3.3.4 To acquire real property by eminent domain and to delegate its authority to acquire real property by eminent domain to individual Member Agencies; 3.3.5 To conduct and direct studies and to develop and implement plans to complement, modify or supplement the "Short- Term Habitat Conservation Plan for the Stephens' kangaroo rat" and to develop and implement plans for a long-term habitat conservation plan for the Stephens' kangaroo rat; 3.3.6 To undertake programs to protect other listed or candidate threatened or endangered species and for ecosystem conservation; 3.3.7 To incur debts, liabilities, and obligations; 3.3.8 To sue and be sued in its own name; 3.3.9 To employ personnel to operate, maintain, and administer habitat and ecosystem reserves; I Amended.;!! 15!O~- Restated and Amended and Amendment III 0 !heret{)~ Deleted: 2/21/08 I Deleted: thru Amendment 119 - Co Deleted: nsolidated IP A I II II II, I" {I/ III III , Agenda Item No.10 Page 8 of 41 3.3.1 0 To be an applicant, make applications for, and receIve grants from governmental and private entities and to participate in State bond issues; 3.3.11 To prepare project reports and applications, to qualify for grants, and to enter into grant contracts and to do all other things necessary to comply with State and Federal laws and regulations with respect to grants; 3.3.12 To borrow or receive advances of funds from the Member Agencies or from such other sources as may be permitted by law; 3.3.13 To contract with the Member Agencies and other parties who operate or will operate ecosystem or habitat conservation reserves; 3.3.14 To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and expenses to carry out the powers of the Agency; 3.3.15 To acquire, hold, and dispose of equipment; and 3.3.16 To exercise all other powers common to the Member Agencies not specifically mentioned above which may be necessary to carry out the purposes of this Agreement. 3.4 Effective Date. This Agreement shall become effective and the Agency shall be created on the first day following the execution of this Agreement by the last of the Member Agencies. , , " " "; ", "; II; 1/; Amended~! 15!0~- Restdted and Amended and Amendment fi 1 0 thereto~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, Deleted: 2/21/08 Deleted: thru Amendment fi9 - Co Deleted: nsolidated JP A Agenda Item NO.1 0 Page 9 of 41 3.5 Additional Members. In connection with the admission of any additional public agency after formation of the Agency, each of the existing members and the prospective member or members shall execute a memorandum of understanding specifying the obligations of the prospective member for contributions toward past or present Agency expenditures and assets. 3.6 Board of Directors. This Agreement and the Agency created hereby shall be administered by the governing body of the Agency which shall be known as the "Board of Directors of the Riverside County Habitat Conservation Agency" herein called the "Board". { Deleted: . .The Board shall be composed_of one Elec!ed O(fj~ial_ from e~c4 ,/ / / Member Agency. Each Member Agency shall appoint one Elected Official to serve as the regular representative and shall also appoint an Elected Official to serve as an alternate representative of such Agency to the Board. In the absence of the regular representative of a Member Agency, the alternate representative of such Agency shall, if present, participate in a meeting of the Board the same as if the , { Deleted: . alternate representative were the regular representative.~M~mbers of, /,. the Board and their alternates shall be appointed by and shall serve at the pleasure of their appointing body. All voting powers shall reside in the Board. Alternate representatives of Member Agencies may participate in all meetings of the Board except that the Agency's I II I, '" 'I, II, Ii, /./, Amended~i 15iO~- Restated and Amended and AnKl1dmll1t II I 0 ther<;)'~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, Deleted: 2/2l!O8 I Deleted: Ibm Amendment #9 - Co Deleted: nsolidated IPA Agenda Item No.1 0 Page 10 of 41 alternate representatives may vote only in the absence of the regular representative of such Agency. Formatted: Font: 16 pt, Underline 3.6.1 .Compensation.. Unless pro!ti~!t~d~yla\V fr~)111(lCc~pt!l1g,.:/.~ Formatted: Font: 16 pt compensation. each regular and alternate member (when performing the duties of a regular member) of the Board shall be compensated at the rate of One Hundred Dollars ($100) per day. for any portion of a / { Formatted: Font: 16 pt day they spend atte!lAin_g ~9 _ !4~ _~~~tn_~s_s_ 9r !4~ _~9J::I~~~ _ ~~! _l!~! ~9 _ / / / exceed Four Hundred Dollars ($400) in any given month. along with necessary traveling and personal expenses incurred 111 the performance of his or her duties as authorized by the Board. ,Except / / / as hereinabove expressly provided, members of the Board and their alternates shall not be entitled to any other salary or compensation for attendance at or participation in meetings of the Board or for any similar services rendered on behalf of the Agency. 3.7 Meetings of the Board of Directors. 3.7.1 Regular Meetings. The Board shall ,hold at least J9:t1r __/_': regular meeting~ per year.. .. The dates~ pour~~(lnd plac~~of tile regular.. _ .. meeting~ shall be ,set pytpe?oarq: and a c9PY ~f Jl1e.rneetil1K/_< \~ '- " ,scheduI~ shall be furnished t() ea~4Memper 1\Ken~y. _.. _ _, \' , 3.7.2 Ralph M. Brown Act. All meetings of the Board, Deleted: Members of the Board and their alternates shall be entitled to compensation in the amount of One Hundred Dollars ($ J 00.00) per meeting and mileage for attendance at and participation in regular and special meetings of the Board. Deleted: provide for its regular meetings: provided, however, it shall Deleted: one Deleted: month Formatted: Font: 16 pt - Deleted: fixed Deleted: resolution Deleted: such \ Formatted: Font: 16 pt Deleted: resolution including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance Deleted: 2/21/08 ] Deleted: thm Amendment #9 - Co I Deleted: nsolidated lPA ] , I, I, 1'1 "1 "1 III iiI Amended~,: 15/0~~ Restated and Amended and Ann,,'ndmt.'11t # I 0 theret(:rf _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _II Agenda Item NO.1 0 Page 11 of 41 with provIsIOns of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). 3.7.3 Minutes. The Secretary of the Agency shall cause to be kept minutes of all meetings of the Board, shall cause the minutes of / { Deleted: ratified all meetings to be .ap~rc)V'~4~Y)l1e ~01lr4, an_d sl1!ll! ca~s_e !l copy 9r ,/ / { Deleted: ratified the Tap12roveg _1J!i!l~~It~~ _ ~~ ~~ J9~,!r-,t~c! _t9_ ~ll~*_ ~~1J!~~~ 9f !h~ J~9~!g _/ / and to each of the parties hereto. 3.7.4 Voting and Quorum. The total voting power of all seats of the Board shall be 100%. Each regular representative shall have a percentage of the vote equal to the percentage of his or her Member Agency's overall contribution or deemed contribution to the Agency { Deleted:.. as calculated pursuant to Sections 3.10.1 and 3.10.2 below. TA~,," Member Agency's overall contribution to the Agency shall be calculated monthly or on such other periodic basis as the Board may approve. The majority of the number of Directors of the Board shall constitute a quorum of the Board for the transaction of business; , { Deleted:, . provided, however, that in the absence of a quorum.!h~Il1ajo!ity 9(,/' the Directors present at any Board meeting may adjourn until the time fixed for the next regular meeting of the Board. The affirmative vote of at least three Directors constituting more than 50% of the voting strength of the Board as represented in the quorum which is present at that time shall be required for the approval of any actions; provided however, that a numerical majority of the Directors as represented in J l J Deleted: 2/21/08 I I " /, III 'I; II; 11/ 1;, Amended~! 15!OIj,- Restdled and Amended and Amendment iii (J theret{~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, Deleted: tbru Amendment #9 - Co Deleted: nsolidated lPA Agenda Item NO.1 0 Page 12 of 41 any such quorum may approve any action unless at least three Directors constituting more than 50% of the voting strength of the Board as represented in such quorum vote to disapprove any such action. 3.8 Officers. The Board shall elect its own officers, which shall include a chairperson, vice-chairperson, secretary, treasurer, and auditor. The chairperson and vice-chairperson shall be members of the Board and the secretary may, but need not, be a member of the Board. 3.8.1 Treasurer. The treasurer of the Agency shall be the treasurer of the County of Riverside, who shall be the depositary and have custody of all money of the Agency from whatever sources. 3.8.2 Auditor. The auditor of the Agency shall be the Auditor/Controller of the County of Riverside and shall draw all warrants to pay demands against the Agency approved by the Board. 3.8.3 Other Officers. The Board may appoint a general manager and an attorney for the Agency. The Agency may contract with Member Agencies for the use of employees of the Member Agencies on mutually agreeable terms and conditions. The public officer, officers or persons who have charge of, handle, or have access to any property of the Agency shall file an official bond in an amount to be fixed by the Board. I , " "/ '" "/ 1/; '/( Al11ended~iI5/0~- Restated and Amended and Amcndml'11t #10 ~l1eret~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/I Deleted: Member Agency representation at meetings of the Board, constituting fifty-one percent (51 %) or more of the voting power of the Board constitutes a quorum for the transaction of business; except that Jess than a quorum may adjourn from time to time. The affirmative vote of Directors constituting more that 50% of the voting strength of the Board as represented in the quorum which is present at that time shall be required for the approval of any action.~ Deleted: 2/21/08 , Deleted: thru Amendment #9 - Co ( Deleted: nsoJidated lP A Agenda Item No.1 0 Page 13 of 41 3.8.4 General Manager. The general manager, if appointed, or such other officer or employee of the Agency to whom the Board delegates such authority, shall have the power to appoint, promote, demote and remove employees of the Agency subject to the provisions of the Agency's approved budget, and subject to such personnel policies as may have been adopted by the Board. The General Manager shall also have the power to enter into Agreements in an amount not to exceed Twenty-Five Thousand dollars ($25,000) / { Deleted: per Agreement. per fiscal year. ,and enter into non-substantive / / Amendments to such Agreements where there is no change to the maximum obligation amount or the scope of work in the Agreement in accordance with the Riverside County Purchasing Department guidelines. 3.9 Rules and Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The laws of the State of California applicable to the general law City of Moreno Valley shall govern the Agency in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said city in the manner of exercising such powers, as required by Government Code Section 6509. Should the City of Moreno Valley not be a Member Agency, the laws applicable to the County of Riverside shall be used for purposes of Section 6509. The Board, at its first meeting or as soon thereafter as may be possible, I Amended~j I5IO~- Restated and Amended and Amendment #] 0 theret<PO- _ _ _ I I II II 11/ II, 11/ /;/ 1.1; , Deleted: 2/21/08 Deleted: tbm Amendment #9 - Co Deleted: nsolidated JP A Agenda Item NO.1 0 Page 14 of 41 shall adopt such rules and regulations as the Board may deem necessary for the conduct of the Agency's affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance. The Board may, as it deems appropriate, review and revise these rules and regulations. 3.10 Contributions/Estimated Budget. 3.10.1 Contribution of Mitigation Fees. The Member Agencies have imposed a mitigation fee on certain types of development within their jurisdictions to implement the initial habitat conservation program for the Stephens' kangaroo rat. All mitigation fees for the Stephens' kangaroo rat collected by the Member Agencies prior to the effective date of this Agreement, less monies expended by the County for consultants' services and land acquisition, shall be deposited into the treasury of the Agency within sixty (60) days of such effective date. Monies expended by the County for consultants' services and land acquisition for the benefit of the SKR shall be included in the County's overall contribution to the Agency for purposes of calculating the County's percentage vote under Section 3.7.4 above. All mitigation fees collected for the / Formatted: Font: 16 pt, Not Stephens' kangaroo rat Jron'!.a.n<:la.ftert~~lgllS( fA,~9Q~,sh_a.ll be c." Highlight ". _. - Formatted: Font: 16 pt forwarded to the Agency for the period of April 1 through June 30 before July 31, for the period of July 1 through September 30 before October 31, for the period of October 1 through December 31 before Deleted: 2/21/08 I I I; I; 'I; 'II III II; III Amended~i15!0~- Restated and Amended and Amendment #10 there"vl- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' Deleted: thru Amendment #9 - Co Deleted: nsolid.led lP A Agenda Item No.10 Page 15 of 41 January 31 and for the period January 1 through March 31 before April 30 of each fiscal year. ~ _ " - Formatted: Indent: Left: 1", Tabs: A. No Withholding. The County and the Cities may not " 1.25", Left Formatted: Bullets and Numbering recover the costs of _administering the provisions of their SKR Mitigation Fee ordinance using _the Local Development Mitigation Fee revenues generated by them _through said ordinance. ,I? ~ _ _ _,-:\u.4iJ:. _ I?~~~1.!~~! !g _ ~~~!i~)~_ J ~~-:\ ~rt!1_e_ I~ A,_ !4~ ~g~!1.!Y:,' :- and Cities shall maintain complete and accurate record~ with respect to all Local Development Mitigation Fees collected under their Local Development Mitigation Fee ordinance. All such records shall be clearly identifiable. The County and Cities shall allow a representative of the Authority during normal business hours to examme, audit, and make transcripts of copies of such records. - i Deleted: ~ C. ,Breach of Obligations. If the Countyg~ the ()~ies fail to / . 3.10.4 remit on at least a quarterly basis as required in Section { Deleted: s 3.10.1, above, within 30 days of the due date, as ~et fOr1:h / / / herein, any delinquent amounts will be assessed interest at _ the rate ofRCHCA's prevailing rate for invested funds. / i Deleted: ~ D.p_r9_c_e_s.s _ fg~ )'{O_t!t1S:!l!tC?l! _ ~f J?~nl!q1.!~~~Y~ _ _T!1~_ fg!l.9_'Y!l!g_" / ..3.10.5 guide for notification of delinquency is established: Formatted: Tabs: 1", Left + 1.25", Left Deleted: Deleted: 3.10.3 . I " I, "1 " III' Ii; 1// Amended.2.15iO~- Restated and Amended and Amendment # I 0 tne(et'1>-2 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, Deleted: 2/2 1108 I Deleted: thru Amendment #9 - Co Deleted: nsolidated JP A Agenda Item NO.1 0 Page 16 of 41 a. RCHCA staff will notify, in writing, the CitY_M~1)llg~r /,/{ Deleted: of any jurisdiction within 15 days of not receiving a . / 1 Deleted: remittance fee-"within !4e time_p~~od s~t_ _ .... _ _ ___ .... forth _In /,/ Section 3.10.1, above. b. After an additional 30 days, RCHCA staff will notify . .{ Deleted: i the jurisdiction again with an accompanying l1)Y9J~~_,'" for the approximate amount owed plus interest and penalties; ,1 Deleted: C. RCHCA staff will continue this notification until the 90 /// day mark, at T which time R~HCA will-determ:ne if- ///1 Deleted: """ .... .... -- - - -- - / / 1 Deleted: . an audit of the jurisdictions.~KR u ]~~1itigatJon fe~,,' account, general ledger and any other financial data is necessary to determine the amount owed, the cause of the / 1 Deleted: to delay, and. _ n:t~~~ _ ~l)Y".,~~~~1J!l!l_e~c!'!tJ9!l~.!q _r~~9h~ 3/-'- -{ Deleted: the issue; and d. If an audit is required due to...irn~glllaritie_sin re2.qrti1)g/" 1 Deleted: and remittance the jurisdiction will incur the cost of 1 l 1 J the audit. T / -{ Deleted: _ - - Formatted: Tabs: Not at 1" + 3.10.2 TNon-MitigationFee C()ntributions. T_he Boar~ ITl~i~ 1.25" Deleted: ~ accept contributions of property from Member Agencies in lieu of .3.106 mitigation fees, or with the approval of the Board, a Member Agency may hold and maintain its own property as a contribution to the reserve program. Such property shall count toward a Member Deleted: 2/21/08 I Deleted: thru Amendment #9 - Co I Deleted: nsolidated JP A I I II II, I" 1/; lit 'II Amended~! IS/O(\,- Restated and Amended and Amendmmll #1 (I theret(p.}. _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ .' Agenda Item NO.1 0 Page 17 of 41 Agency's overall contribution for purposes of calculating the Member Agency's percentage vote under Section 3.7.4 above only if approved by the Board and only if held and maintained in accordance with the Agency's rules and regulations for maintenance and operation of reserves. The value of such contributions shall be calculated based upon the agreement of two-thirds of the governing bodies of the Member Agencies or by the Board subject to an independent appraisal ordered by the Board. Funds received from state and federal grants, special assessments, or any other third-party sources also shall be deemed to be contributions of the Member Agencies and shall be used in calculating each Member Agency's percentage vote based on each Member Agency's pro rata share of the approved allocation of take arising from such third-party sources as of the date the funds are received. ,( Deleted: 7 3.10.2_ _ _ _ _ Ys_e_ _~f _ <::~}~trt~lJ!i9P_s. _ _ Jlh~l! _ ~PP!9y_e_4 _~y_ !11~ _/ /// Board, revenues received by the Board, including without limitation, fees and other contributions, may be used to further any of the purposes of the Agency. / i Deleted: 8 3.10..1 Bu4get. No l~!er th~!_M~Y)! of ~ach_y~a~,tl1e,,' Board shall prepare and approve an estimated budget of the amount of money required to implement the habitat reserve program during the ensuing fiscal year. Such estimates shall be based, as nearly as is practicable, on the total land acquisition, land improvement, 1 -.J I I " ", I" II, "I IN Amended.l-15!O~- Rcstdted and Amended and Amendmll1t # I 0 theret(P4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, Deleted: 2/21/08 I Deleted: thru Amendment #9 - Co , Deleted: nsolidated JP A Agenda Item No.1 0 Page 18 of 41 maintenance, administration, and operation costs during the current fiscal year as such costs are set forth in the then current approved budget for the Agency. The estimated budget of the Agency prepared and approved by the Board shall be forwarded to the governing bodies of the Member Agencies for consideration and approval. The Board's estimated budget shall be deemed the final budget of the Agency upon receipt by the Agency of certified copies of approving resolutions or minute orders from the governing body of each of the Member Agencies. Until such time as formal approval has been received from each Member Agency, the estimated budget shall constitute merely a proposed budget, subject to reconsideration or revISIOns. If a final budget has not been approved for the Agency by July 1 of each year, the budget for the previous year shall serve as the Agency's working budget for the ensuing fiscal year until a new budget is approved. 3.11 Consultant Contracts. The Agency shall, upon request of the County, accept assignment of all consultant contracts which the County has entered into for the preparation and implementation of the Short- Term and Long-Term Habitat Conservation Plans for the Stephens' kangaroo rat. 3.12 Accounting and Audits. I Deleted: 2/21/08 ] I Deleted: thru Amendment #9 - Co ' II ' 1;1, Deleted: nsolidated lP A j I" III III III Amended.1/ 15!0~- Restated and Amendcd.i'nd Anllmdnwnt # I 0 theret<P5- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' Agenda Item NO.1 0 Page 19 of 41 3.12.1 Fiscal Year. The fiscal year of the Agency shall be from July 1 through the following June 30. 3.12.2 Accounting Procedures and Audit. Full books and accounts shall be maintained for the Agency in accordance with practices established by or consistent with those utilized by the Controller of the State of California for like public agencies. The Auditor of the Agency shall either make, or contract with a certified public accountant to make an annual audit of the account and records of the Agency. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the California Government Code and shall conform to generally accepted auditing standards. A report of the audit shall be filed as a public record with each of the Member Agencies and with the Riverside County Auditor within 30 days of its completion. Such report shall be filed within 12 months of the end of the fiscal year under examination. 3.14 Withdrawal. Any Member Agency_may withdraw from tile I,ll Agency by giving the Agency written notice of its withdrawal. Upon withdrawal of any Member Agency from the Agency, the withdrawing member shall not receive any distribution, partial or otherwise, of any cash or other assets of the Agency. 3.15 Dissolution. Upon dissolution of the Agency pursuant to Section 3.18, the assets of the Agency may be distributed in kind or I I " /1, I" 1/, 'ii /I( Amended",; 15;O~- Restdted and Amended and AmendnlC'nt # I 0 theret'P6- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, Deleted: 3.13 EXDulsion. Any member agency may withdraw from the Agency by giving the Agency written notice of its withdraw!. Upon withdrawl of any Member Agency from the Agency, the withdrawing member shall not receive any distribution partial or otherwise. of any cash or other assets of the Agency. 11 Deleted: 2/21/08 I . Deleted: drru Amendment #9 - Co I Deleted: nsolidaled lPA Agenda Item NO.1 0 Page 20 of 41 assets may be sold and the proceeds thereof distributed to the / { Deleted: nay members at the time of dissolution; provided, however, that .'!1?Y," distribution of assets shall be subject to the prior discharge of enforceable liability incurred by the Agency. Subject to the foregoing, upon dissolution of the Agency, each member shall receive its proportionate share of the assets of the Agency as the same appear on the books of the Agency. Each member's proportionate share shall be based upon such member's contributions to the Agency calculated in accordance with Section 3.10 above. 3.16 Liabilities. Except as provided hereinabove, the debts, liabilities and obligations of the Agency shall be the debts, liabilities and obligations of the Agency alone and not of the parties to this Agreement. 3.17 Indemnification of Member Agencies. Provided that a Member Agency has acted in good faith and in accordance with this Agreement and the Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat, the Agency shall defend, indemnify and hold such Member Agency free and harmless from any loss, liability or damage incurred or suffered by such Member Agency by reason of litigation arising from or as a result of any of the following: the Member Agency's impact mitigation fee ordinance; the Member Agency's participation in the Agency; actions taken to implement the Short- or Long-Term Habitat Conservation Plans for the preservation ,( i( '11 I" 'I, III II/ Amended~i I )!()~- Restated and Amended and Amendmc'I1t #1 0 therel(p.1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' Deleted: 2/21/08 I Deleted: thru Amendment #9 - Co Deleted: nsolidated JP A Agenda Item NO.1 0 Page 21 of 41 of the Stephens' kangaroo rat; claims of inverse condemnation or unconstitutional takings against a Member Agency; or any other act preformed or to be performed by the Member Agency pursuant to this Agreement, the Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat, or the implementing agreements; provided, however, that such indemnification or agreement to hold harmless pursuant to this Section shall be recoverable only out of Agency assets and not from other Member Agencies. 3.18 Rescission or Termination. 3.18.1 Term. The Agency shall continue until this Agreement is rescinded or terminated as herein provided or until the duties of the Agency are assumed by a state or regional governmental agency. 3.18.2 Rescission or Termination. This Agreement may be rescinded and the Agency terminated by written consent of all of the Member Agencies evidenced by a certified copy of a resolution of their governing bodies. 3 .19 Notices. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to the principal office of the Agency. 3.20 Validity. If anyone or more of the terms, provISIOns, promises, covenants or conditions of this Agreement shall by any I Amended.,?!\ 5/01\.- R,I'st,lted anl!. Amended and Amendmc",tlil 0 therellP8- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I I II 1/; 'II II, II; III , Deleted: 2/21/08 I Deleted: thru Amendment #9 - Co , Deleted: nsolidaled IPA Agenda Item NO.1 0 Page 22 of 41 extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 3.21 Amendment. This Agreement contains all of the terms and conditions agreed to by and between the parties hereto and shall not be amended except by an agreement in writing signed by not less than two-thirds (2/3) of the total number of Member Agencies comprising at least fifty percent (50%) of the total voting strength of the Board of Directors 3.22 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 3.23 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without the written consent of all other parties. 3.24 Additional Documents. The parties hereto agree upon request to execute, acknowledge and deliver all additional papers and documents necessary or desirable to carry out the intent of this Agreement. Amendment #1 Amendment #2 Amendment #3 Deleted: 2/21/08 I I Deleted: thru Amendment #9 - CO II 1:11 Deleted: nsolid.ted lP A III III 1// '1/ Amended.2!15'OI}.- RestJted and Amended .nd Amendment ill () theret(l~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' 08/20/1990 11/06/1990 04/30/1991 . _ ,_ - -( Formatted Table -- Agenda Item NO.1 0 Page 23 of 41 Amendment #4 06/01/1993 Amendment #5 Not Approved Amendment #6 08/01/1995 Unnumbered Amendment 06/03/1997 Amendment #7 02111/2003 Amendment #8 02/28/2006 Amendment #9 Not Approved / K___________________________________________________________________/ I I I I I I Amended~i 15!0~- Restated and Amended and Amc"dnlC'I1t #1 0 theretOO _ _ _ _ _ _ _ _ _ _ _ / Deleted: 1111 Original JPA 05/15190'1 Amendment # 1 08/2019011 Amendment #2 J 1/06/9011 Amendment #3 . 0413019\ ~ Amendment #5 . Unapproved~ Amendment #6 08/0 1 195~ Unnwnbered 06103107~ Amendment #7 02/11103'1 Amendment #8 . 02/28/06~ Amendment #9 0212\108~ ~ ~ I ~ I ~ ~ I ~ " ~ Formatted: Font: 16 pt \ \ \ \ \ \ \ \ , , " '" I" III Ii, III , Deleted: 2/21/08 , Deleted: tbru Amendment #9 - Co I Deleted: nsolidated lP A Agenda Item No.1 0 Page 24 of 41 RCHCAJPA Signature Page Dated: CITY OF CORONA Attest: By: City Clerk Mayor Dated: CITY OF HEMET Attest: By: City Clerk Mayor Dated: CITY OF LAKE ELSINORE Attest: By: City Clerk Mayor Dated: CITY OF MORENO V ALLEY Attest: By: City Clerk Mayor , 'I II 'I; "I I,; (/; 'N Amended~!l5!Q1\.- Restated and Amended and Amendment iii 0 therct,)1- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' Deleted: 2/21/08 I Deleted: thru Amendment #9 - Co Deleted: nsolidated JP A Agenda Item NO.1 0 Page 25 of 41 RCHCA JPA Signature Page Dated: CITY OF MURRIETA Attest: By: City Clerk Mayor Dated: CITY OF PERRIS Attest: By: City Clerk Mayor Dated. CITY OF RIVERSIDE Attest: By: City Clerk Mayor Dated: COUNTY OF RIVERSIDE Attest: By: Clerk of the Board Chairman, Board of Supervisors , , 'I 'I, '" if/ II; '" Amended";; 15!O~- Rc'talcd and Amended and Amc"ldmc'I1t # I () thetet~l _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' --[ Formatted: Tabs: 2.88", Left J Deleted: 2/21/08 , Deleted: thru Amendment #9 - Co Deleted: nsolidated JPA Agenda Item NO.1 0 Page 26 of 41 RCHCAJPA Signature Page Riverside County Counsel Dated. CITY OF TEMECULA Attest: By: City Clerk Mayor II ", '" I"~ II; 'II Amendedi! 15!0~- Restated and Amended and Amendmc'I1t II I 0 there!'}:). _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, Deleted: 2/21/08 I Deleted: thru Amendment #9 - Co I Deleted: nsolidated lP A Agenda Item NO.1 0 Page 27 of 41 Corrected Version 6-24-08 REST A TED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY 1. PARTIES AND DATE This Agreement is made by and between THE COUNTY OF RIVERSIDE, THE CITY OF CORONA, THE CITY OF HEMET, THE CITY LAKE ELSINORE, THE CITY OF MORENO VALLEY, THE CITY OF MURRIETA, THE CITY OF PERRIS, THE CITY OF TEMECULA, and THE CITY OF RIVERSIDE, (hereinafter collectively called the "Member Agencies"), for the acquisition, administration, operation and maintenance of land and facilities for ecosystem conservation and habitat reserves for the Stephens' kangaroo rat and other species which have been listed as threatened or endangered or which are candidates for such listing pursuant to the laws of the United States or the State of California. 2. RECITALS AND DEFINITIONS 2.1 Agreement. This Agreement hereby restates the Agreement created on May 15, 1990, and includes all prior amendments thereto as follows: Amendment #1 08/20/1990 Amendment #2 11/06/1990 Amendment #3 04/30/1991 Amendment #4 06/01/1993 Amendment #5 Not Approved Amendment #6 08/01/1995 Unnumbered Amendment 06/03/1997 Amendment #7 02/11/2003 Amendment #8 02/28/2006 Amendment #9 Not Approved This Agreement further amends the Agreement created on May 15, 1990 in the manner set forth herein; 2.2 Parties. Each of the parties hereto is a public agency authorized and empowered to contract for the joint exercise of powers under the Government Code of the State of California. Amended 5/15/08 - Restated and Amended and Amendment #10 thereto 1 Agenda Item NO.1 0 Page 28 of 41 Corrected Version 6-24-08 2.3 Power. Each of the Member Agencies has the authority and power to purchase and maintain real property and to establish ecosystem conservation plans, and to design and implement habitat conservation plans for the protection of the Stephens' kangaroo rat and other listed or candidate threatened or endangered species. 2.4 Need. The United States Fish and Wildlife Service (the "Service") has listed the Stephens' kangaroo rat as an endangered species. The California Department ofFish and Game has recommended changing the Stephens' kangaroo rat's status to endangered. In order for the Member Agencies to obtain permits for incidental takings of the Stephens' kangaroo rat and its habitat, the Member Agencies must develop a program for the protection of habitat occupied by the species. This Agreement implements that program and provides for development of a program to protect other listed or candidate threatened or endangered species, and for the establishment and operation of programs to protect habitat required to maintain ecosystems essential for the preservation of species of plants and animals. 3. TERMS 3.1 Creation of Agency. There is hereby created a public agency known as the Riverside County Habitat Conservation Agency, herein called the "Agency". The Agency is formed by this Agreement pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I of the Government Code of the State of California relating to the joint exercise of powers common to public agencies. For the purposes of this Agreement, the Agency is a public agency separate from the parties hereto and shall be the agency to administer and execute this Agreement. 3.2 Purpose. The purpose of this Agreement is to create a public agency to plan for, acquire, administer, operate, and maintain land and facilities for ecosystem conservation and habitat reserves to implement a habitat conservation plan for the Stephens' kangaroo rat and other listed or candidate threatened and endangered species. 3.3 Powers. In carrying out the purpose of this Agreement, the Agency shall have the following powers: 3.3.1 To make and enter into contracts; 3.3.2 To employ agents, consultants, attorneys and employees; Amended 5/15/08 - Restated and Amended and Amendment #10 thereto 2 Agenda Item NO.1 0 Page 29 of 41 Corrected Version 6-24-08 3.3.3 To acquire property, and any interest in property, both real and personal by purchase, gift, lease, option, grant, bequest, devise or otherwise, and to hold and dispose of such property; 3.3.4 To acquire real property by eminent domain and to delegate its authority to acquire real property by eminent domain to individual Member Agencies; 3.3.5 To conduct and direct studies and to develop and implement plans to complement, modify or supplement the "Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat" and to develop and implement plans for a long-term habitat conservation plan for the Stephens' kangaroo rat; 3.3.6 To undertake programs to protect other listed or candidate threatened or endangered species and for ecosystem conservation; 3.3.7 To incur debts, liabilities, and obligations; 3.3.8 To sue and be sued in its own name; 3.3.9 To employ personnel to operate, maintain, and administer habitat and ecosystem reserves; 3.3.10 To be an applicant, make applications for, and receIve grants from governmental and private entities and to participate in State bond issues; 3.3.11 To prepare project reports and applications, to qualify for grants, and to enter into grant contracts and to do all other things necessary to comply with State and Federal laws and regulations with respect to grants; 3.3.12 To borrow or receive advances of funds from the Member Agencies or from such other sources as may be permitted by law; 3.3.13 To contract with the Member Agencies and other parties who operate or will operate ecosystem or habitat conservation reserves; 3.3.14 To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and expenses to carry out the powers of the Agency; 3.3.15 To acquire, hold, and dispose of equipment; and 3.3.16 To exercise all other powers common to the Member Agencies not specifically mentioned above which may be necessary to carry out the purposes of this Agreement. Amended 5/1 5/08 - Restated and Amended and Amendment #10 thereto 3 Agenda Item NO.1 0 Page 30 of 41 Corrected Version 6-24-08 3.4 Effective Date. The Agency was created on May 15, 1990, and this Amended and Restated Agreement shall become effective on the first day following the execution of this Agreement by the last of the Member Agencies. 3.5 Additional Members. In connection with the admission of any additional public agency after formation of the Agency, each of the existing members and the prospective member or members shall execute a memorandum of understanding specifying the obligations of the prospective member for contributions toward past or present Agency expenditures and assets. 3.6 Board of Directors. This Agreement and the Agency created hereby shall be administered by the governing body of the Agency which shall be known as the "Board of Directors of the Riverside County Habitat Conservation Agency" herein called the "Board". The Board shall be composed of one Elected Official from each Member Agency. Each Member Agency shall appoint one Elected Official to serve as the regular representative and shall also appoint an Elected Official to serve as an alternate representative of such Agency to the Board. In the absence of the regular representative of a Member Agency, the alternate representative of such Agency shall, if present, participate in a meeting of the Board the same as if the alternate representative were the regular representative. Members of the Board and their alternates shall be appointed by and shall serve at the pleasure of their appointing body. All voting powers shall reside in the Board. Alternate representatives of Member Agencies may participate in all meetings of the Board except that the Agency's alternate representatives may vote only in the absence of the regular representative of such Agency. 3.6.1 Compensation. Unless prohibited by law from accepting compensation, each regular and alternate member (when performing the duties of a regular member) of the Board shall be compensated at the rate of One Hundred Dollars ($100) per day, for any portion of a day they spend attending to the business of the RCHCA, but not to exceed Four Hundred Dollars ($400) in any given month, along with necessary traveling and personal expenses incurred in the performance of his or her duties as authorized by the Board. Except as hereinabove expressly provided, members of the Board and their alternates shall not be entitled to any other salary or compensation for attendance at or participation in meetings of the Board or for any similar services rendered on behalf of the Agency. 3.7 Meetings of the Board of Directors. Amended 5/15/08 - Restated and Amended and Amendment #10 thereto 4 Agenda Item NO.1 0 Page 31 of 41 Corrected Version 6-24-08 3.7.1 Regular Meetings. The Board shall hold at least four regular meetings per year. The dates, hours, and places of the regular meeting shall be set by the Board, and a copy of the meeting schedule shall be furnished to each Member Agency. 3.7.2 Ralph M. Brown Act. All meetings of the Board, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). 3.7.3 Minutes. The Secretary of the Agency shall cause to be kept minutes of all meetings of the Board, shall cause the minutes of all meetings to be approved by the Board, and shall cause a copy of the approved minutes to be forwarded to each member of the Board and to each of the parties hereto. 3.7.4 V oting and Quorum. The total voting power of all seats of the Board shall be 100%. Each regular representative shall have a percentage of the vote equal to the percentage of his or her Member Agency's overall contribution or deemed contribution to the Agency as calculated pursuant to Sections 3.10.1 and 3.10.2 below. A Member Agency's overall contribution to the Agency shall be calculated monthly or on such other periodic basis as the Board may approve. The majority of the number of Directors of the Board shall constitute a quorum of the Board for the transaction of business; provided, however, that in the absence of a quorum the majority of the Directors present at any Board meeting may adjourn until the time fixed for the next regular meeting of the Board. The affirmative vote of at least three Directors constituting more than 50% of the voting strength of the Board as represented in the quorum which is present at that time shall be required for the approval of any actions; provided however, that a numerical majority of the Directors as represented in any such quorum may approve any action unless at least three Directors constituting more than 50% of the voting strength of the Board as represented in such quorum vote to disapprove any such action. 3.8 Officers. The Board shall elect its own officers, which shall include a chairperson, vice-chairperson, secretary, treasurer, and auditor. The chairperson and vice- chairperson shall be members of the Board and the secretary may, but need not, be a member of the Board. Amended 5/] 5/08 - Restated and Amended and Amendment #10 thereto 5 Agenda Item NO.1 0 Page 32 of 41 Corrected Version 6-24-08 3.8.1 Treasurer. The treasurer of the Agency shall be the treasurer of the County of Riverside, who shall be the depositary and have custody of all money of the Agency from whatever sources. 3.8.2 Auditor. The auditor of the Agency shall be the Auditor/Controller of the County of Riverside and shall draw all warrants to pay demands against the Agency approved by the Board. 3.8.3 Other Officers. The Board may appoint a general manager and an attorney for the Agency. The Agency may contract with Member Agencies for the use of employees of the Member Agencies on mutually agreeable terms and conditions. The public officer, officers or persons who have charge of, handle, or have access to any property of the Agency shall file an official bond in an amount to be fixed by the Board. 3.8.4 General Manager. The general manager, if appointed, or such other officer or employee of the Agency to whom the Board delegates such authority, shall have the power to appoint, promote, demote and remove employees of the Agency subject to the provisions of the Agency's approved budget, and subject to such personnel policies as may have been adopted by the Board. The General Manager shall also have the power to enter into Agreements in an amount not to exceed Twenty-Five Thousand dollars ($25,000) per Agreement, per fiscal year, and enter into non-substantive Amendments to such Agreements where there is no change to the maximum obligation amount or the scope of work in the Agreement in accordance with the Riverside County Purchasing Department guidelines. 3.9 Rules and Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The laws of the State of California applicable to the general law City of Moreno Valley shall govern the Agency in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said city in the manner of exercising such powers, as required by Government Code Section 6509. Should the City of Moreno Valley not be a Member Agency, the laws applicable to the County of Riverside shall be used for purposes of Section 6509. The Board, at its first meeting or as soon thereafter as may be possible, shall adopt such rules and regulations as the Board may deem necessary for the conduct of the Agency's affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance. The Board may, as it deems appropriate, review and revise these rules and regulations. Amended 5/15/08 - Restated and Amended and Amendment #10 thereto 6 Agenda Item NO.1 0 Page 33 of 41 Corrected Version 6-24-08 3.10 Contributions/Estimated Budget. 3.10.1 Contribution of Mitigation Fees. The Member Agencies have imposed a mitigation fee on certain types of development within their jurisdictions to implement the initial habitat conservation program for the Stephens' kangaroo rat. All mitigation fees for the Stephens' kangaroo rat collected by the Member Agencies prior to the effective date of this Agreement, less monies expended by the County for consultants' services and land acquisition, shall be deposited into the treasury of the Agency within sixty (60) days of such effective date. Monies expended by the County for consultants' services and land acquisition for the benefit of the SKR shall be included in the County's overall contribution to the Agency for purposes of calculating the County's percentage vote under Section 3.7.4 above. All mitigation fees collected for the Stephens' kangaroo rat from and after August 24, 2006, shall be forwarded to the Agency for the period of April 1 through June 30 before July 31; for the period of July 1 through September 30 before October 31; for the period of October 1 through December 31 before January 31; and for the period January 1 through March 31 before April 30 of each fiscal year. A. No Withholding. The County and the Cities may not recover the costs of administering the provisions of their SKR Mitigation Fee ordinance using the Local Development Mitigation Fee revenues generated by them through said ordinance. B. Audit. Pursuant to Section 3.12 of the JP A, the County and Cities shall maintain complete and accurate records with respect to all Local Development Mitigation Fees collected under their Local Development Mitigation Fee ordinance. All such records shall be clearly identifiable. The County and Cities shall allow a representative of the Authority during normal business hours to examine, audit, and make transcripts of copies of such records. C. Breach of Obligations. If the County or the Cities fail to remit on at least a quarterly basis as required in Section 3.10.1, above, within 30 days of the due date as set forth herein, any delinquent amounts will be assessed interest at the rate ofRCHCA's prevailing rate for invested funds. D. Process for Notification of Delinquency. The following guide for notification of delinquency is established: Amended 5/15/08 - Restated and Amended and Amendment #10 thereto 7 Agenda Item NO.1 0 Page 34 of 41 Corrected Version 6-24-08 a. RCHCA staffwill notify, in writing, the City Manager of any jurisdiction within 15 days of not receiving a remittance fee within the time period set forth in Section 3.10.1, above. b. After an additional 30 days, RCHCA staff will notify the jurisdiction again with an accompanying invoice for the approximate amount owed plus interest and penalties; c. RCHCA staff will continue this notification until the 90 day mark, at which time RCHCA will determine if an audit of the jurisdictions SKR Mitigation Fee account, general ledger and any other financial data is necessary to determine the amount owed, the cause of the delay, and make any recommendations to resolve the issue; and d. If an audit is required due to irregularities in reporting and remittance the jurisdiction will incur the cost of the audit. 3.1 0.2 Non-Mitigation Fee Contributions. The Board may accept contributions of property from Member Agencies in lieu of mitigation fees, or with the approval of the Board, a Member Agency may hold and maintain its own property as a contribution to the reserve program. Such property shall count toward a Member Agency's overall contribution for purposes of calculating the Member Agency's percentage vote under Section 3.7.4 above only if approved by the Board and only if held and maintained in accordance with the Agency's rules and regulations for maintenance and operation of reserves. The value of such contributions shall be calculated based upon the agreement of two-thirds of the governing bodies of the Member Agencies or by the Board subject to an independent appraisal ordered by the Board. Funds received from state and federal grants, special assessments, or any other third-party sources also shall be deemed to be contributions of the Member Agencies and shall be used in calculating each Member Agency's percentage vote based on each Member Agency's pro rata share of the approved allocation of take arising from such third-party sources as of the date the funds are received. 3.10.3 Use of Contributions. When approved by the Board, revenues received by the Board, including without limitation, fees and other contributions, may be used to further any of the purposes of the Agency. Amended 5/1 5/08 - Restated and Amended and Amendment #10 thereto 8 Agenda Item No.1 0 Page 35 of 41 Corrected Version 6-24-08 3.10.4 Budget. No later than May 31 of each year, the Board shall prepare and approve an estimated budget of the amount of money required to implement the habitat reserve program during the ensuing fiscal year. Such estimates shall be based, as nearly as is practicable, on the total land acquisition, land improvement, maintenance, administration, and operation costs during the current fiscal year as such costs are set forth in the then current approved budget for the Agency. The estimated budget of the Agency prepared and approved by the Board shall be forwarded to the governing bodies of the Member Agencies for consideration and approval. The Board's estimated budget shall be deemed the final budget of the Agency upon receipt by the Agency of certified copies of approving resolutions or minute orders from the governing body of each of the Member Agencies. Until such time as formal approval has been received from each Member Agency, the estimated budget shall constitute merely a proposed budget, subj ect to reconsideration or revisions. If a final budget has not been approved for the Agency by July 1 of each year, the budget for the previous year shall serve as the Agency's working budget for the ensuing fiscal year until a new budget is approved. 3.11 Consultant Contracts. The Agency shall, upon request of the County, accept assignment of all consultant contracts which the County has entered into for the preparation and implementation of the Short-Term and Long-Term Habitat Conservation Plans for the Stephens' kangaroo rat. 3.12 Accounting and Audits. 3.12.1 Fiscal Year. The fiscal year of the Agency shall be from July 1 through the following June 30. 3.12.2 Accounting Procedures and Audit. Full books and accounts shall be maintained for the Agency in accordance with practices established by or consistent with those utilized by the Controller of the State of California for like public agencies. The Auditor of the Agency shall either make, or contract with a certified public accountant to make an annual audit of the account and records of the Agency. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the California Government Code and shall conform to generally accepted auditing standards. A report of the audit shall be filed as a public record with each of the Member Agencies and with the Riverside County Auditor within 30 days of its completion. Such report shall be filed within 12 months of the end of the fiscal year under examination. Amended 5/15/08 - Restated and Amended and Amendment #10 thereto 9 Agenda Item NO.1 0 Page 36 of 41 Corrected Version 6-24-08 3.13 Withdrawal. Any Member Agency may withdraw from the Agency by giving the Agency written notice of its withdrawal. Upon withdrawal of any Member Agency from the Agency, the withdrawing member shall not receive any distribution, partial or otherwise, of any cash or other assets of the Agency. 3.14 Dissolution. Upon dissolution of the Agency pursuant to Section 3.18, the assets of the Agency may be distributed in kind or assets may be sold and the proceeds thereof distributed to the members at the time of dissolution; provided, however, that any distribution of assets shall be subject to the prior discharge of enforceable liability incurred by the Agency. Subject to the foregoing, upon dissolution of the Agency, each member shall receive its proportionate share of the assets of the Agency as the same appear on the books of the Agency. Each member's proportionate share shall be based upon such member's contributions to the Agency calculated in accordance with Section 3.10 above. 3.15 Liabilities. Except as provided hereinabove, the debts, liabilities and obligations of the Agency shall be the debts, liabilities and obligations of the Agency alone and not of the parties to this Agreement. 3.16 Indemnification of Member Agencies. Provided that a Member Agency has acted in good faith and in accordance with this Agreement and the Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat, the Agency shall defend, indemnify and hold such Member Agency free and harmless from any loss, liability or damage incurred or suffered by such Member Agency by reason of litigation arising from or as a result of any of the following: the Member Agency's impact mitigation fee ordinance; the Member Agency's participation in the Agency; actions taken to implement the Short- or Long-Term Habitat Conservation Plans for the preservation of the Stephens' kangaroo rat; claims of inverse condemnation or unconstitutional takings against a Member Agency; or any other act performed or to be performed by the Member Agency pursuant to this Agreement, the Short-Term Habitat Conservation Plan for the Stephens' kangaroo rat, or the implementing agreements; provided, however, that such indemnification or agreement to hold harmless pursuant to this Section shall be recoverable only out of Agency assets and not from other Member Agencies. 3.17 Rescission or Termination. Amended 5/15/08 - Restated and Amended and Amendment #10 thereto 10 Agenda Item NO.1 0 Page 37 of 41 Corrected Version 6-24-08 3.17.1 Term. The Agency shall continue until this Agreement is rescinded or terminated as herein provided or until the duties of the Agency are assumed by a state or regional governmental agency. 3.17.2 Rescission or Termination. This Agreement may be rescinded and the Agency terminated by written consent of all of the Member Agencies evidenced by a certified copy of a resolution of their governing bodies. 3.18 Notices. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to the principal office of the Agency. 3.19 Validity. If anyone or more of the terms, provisions, promises, covenants or conditions of this Agreement shall by any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 3.20 Amendment. This Agreement contains all of the terms and conditions agreed to by and between the parties hereto and shall not be amended except by an agreement in writing signed by not less than two-thirds (2/3) of the total number of Member Agencies comprising at least fifty percent (50%) of the total voting strength of the Board of Directors 3.21 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 3.22 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without the written consent of all other parties. 3.23 Additional Documents. The parties hereto agree upon request to execute, acknowledge and deliver all additional papers and documents necessary or desirable to carry out the intent of this Agreement. Amendment # 1 08/20/1990 Amendment #2 11/06/1990 Amendment #3 04/30/1991 Amendment #4 06/01/1993 Amendment #5 Not Approved Amendment #6 08/01/1995 Amended 5115108 - Restated and Amended and Amendment #10 thereto 11 Agenda Item NO.1 0 Page 38 of 41 Unnumbered Amendment Amendment #7 Amendment #8 Amendment #9 Amended 5/1 5/08 - Restated and Amended and Amendment #10 thereto Corrected Version 6-24-08 06/03/1997 02/11/2003 02/2812006 Not Approved 12 Agenda Item No.10 Page 39 of 41 RCHCA JP A Signature Page Dated: CITY OF CORONA Attest: By: City Clerk Mayor Dated: CITY OF HEMET Attest: By: City Clerk Mayor Dated: CITY OF LAKE ELSINORE Attest: By: City Clerk Mayor Dated: CITY OF MORENO V ALLEY Attest: By: City Clerk Mayor Dated: CITY OF MURRIETA Attest: By: City Clerk Mayor Dated: CITY OF PERRIS Attest: By: City Clerk Mayor Dated: CITY OF RIVERSIDE Attest: By: Amended 5/15/08 - Restated and Amended and Amendment # 1 0 thereto 13 Agenda Item No.1 0 Page 40 of 41 City Clerk Dated: Attest: Clerk of the Board Riverside County Counsel Dated: Attest: City Clerk Amended 5/15/08 - Restated and Amended and Amendment #10 thereto RCHCA IP A Signature Page Mayor COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF TEMECULA By: Mayor 14 Agenda Item NO.1 0 Page 41 of 41 CITY OF ~ LAKE ,6,LSiNORI: ~ DREAM EXTREME REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY CITY MANAGER! EXECUTIVE DIRECTOR DATE: AUGUST 26, 2008 SUBJECT: RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS Backaround The state budget is now almost eight weeks overdue. To borrow or not to borrow is one of the on-going budget questions being debated. Discussion The attached resolution states the City Council and Redevelopment Agency's opposition to any and all efforts by state government to "borrow" or seize local tax funds, redevelopment tax increment and transportation sales tax funds to finance state operations. The resolution will be sent to our Legislators and the Governor. The letter that will accompany the resolution will communicate the City Council and Redevelopment Agency's strong and unswerving opposition on this matter along with an expression of our continued appreciation for the Governor's and any supportive legislators' steadfast opposition to further borrowing or seizure of these funds. A schedule that estimates the maximum exposure to Cities, Counties, Special Districts and Redevelopment Agencies of Property Tax, Proposition 42 (Streets & Roads), and an RDA property tax increment shift was distributed recently. The schedule was prepared by Michael Coleman, Advisor to the League of California Cities. The table below reflects the impact to the City of Lake Elsinore and the total State wide borrowing or shifting that has been proposed. Agenda Item No.11 Page 1 of 5 Resolution Opposing Fiscally Irresponsible State Budget Decisions August26,2008 Page 2 Property Tax Proposition RDA Tax Borrowing 42 Borrowing Increment Shift Lake Elsinore $ 602,122 437,899 896,396 State of California 2,100,000,000 572,000,000 200,000,000 The City's General Fund and the Redevelopment Agency would be significantly impacted by this potential borrowing and shift. Fiscal Impact None Recommendation Waive further reading and adopt a resolution opposing fiscally irresponsible state budget decisions that would "borrow" local government, redevelopment and transportation funds. Prepared by: Matt N. pressey~ Director of Admi~;-tfutive Services/Agency Treasurer Approved by: Robert A. Brady ..A\ Ct City Manager/Executive Directo,w Agenda Item NO.11 Page 2 of 5 RESOLUTION NO. A JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS WHEREAS, on July 1, 2008, the State Legislature missed its Constitutional budget deadline; and WHEREAS, both the Governor and the Legislative Budget Conference Committee have recommended balanced budgets without resorting to "loans" or seizures of local government property tax, redevelopment tax increment and transportation sales tax funds; and WHEREAS, in 1952 the voters of California approved n 1952 the voters approved Article XVI, Section 16 of the California Constitution, providing for tax increment financing for community revitalization-not balancing the state budget, and the voters never authorized the legislature to take or "borrow" community redevelopment funds for state programs; and WHEREAS, in 2004 by an 84% margin of approval the voters of California approved Proposition 1A and sent a loud and unambiguous message to state leaders that they should stop the destructive and irresponsible practice of taking local government funds to finance the state budget and paper over the state deficit; and WHEREAS, in 2006 by a 77% margin of approval the voters of California also approved Proposition 1A, providing similar protections to transportation funding for state and local transportation projects, including important street maintenance and public transit programs; and WHEREAS, redevelopment investments act as a significant driver in the California economy. Cutting funding for redevelopment makes no sense during a time of economic downturn. In a typical year redevelopment investments in California generate about $32 billion in total economic activity, nearly $1.6 billion in state and local taxes, and support 310,000 jobs, mostly in construction. WHEREAS, both ballot measures allow the Governor to declare a "severe state of fiscal hardship" and "borrow" these funds if they are repaid in three years with interest, but the Governor believes it would be irresponsible to "borrow" such funds because it would deepen the state's structural deficit and cripple local government and transportation services; and 1 Agenda Item No.11 Page 3 of 5 WHEREAS, refusal by the Legislature to carryout its constitutional obligation to compromise on a balanced budget is not a "severe state of fiscal hardship" and would not justify reductions in critical local services, community revitalization programs and infrastructure maintenance at a time when cities are struggling to balance their own budgets during this economic down turn; and WHEREAS, "takes" of redevelopment funds are against the law. Article XVI, Section 16 of the California Constitution specifies that redevelopment tax increment must go to redevelopment agencies. WHEREAS, city and redevelopment investments in infrastructure, affordable housing and basic public safety and other community services will create needed jobs and speed our economic recovery; and WHEREAS, the Legislature should balance the state budget with state revenues and respect the overwhelming support of voters for not using local property taxes, redevelopment tax increment and transportation sales tax funds to fund the day- to-day operating cost of state programs; and WHEREAS, it would be the height of fiscal irresponsibility to paper over the state structural deficit with more borrowing, and Californians deserve state leaders who will tell them honestly what needs to be done to produce a balanced budget; and WHEREAS, it is time for the State of California to cut up its local government credit cards and deal with the budget deficit in a straightforward way. Balance the state budget with state funds. NOW, THEREFORE, BE IT RESOLVED, that the City and Redevelopment Agency of Lake Elsinore hereby opposes any and all efforts by state government to "borrow" or seize local tax funds, redevelopment tax increment and transportation sales tax funds by the state government to finance state operations. Such a move would be fiscally irresponsible for the state and hamper effective local services and infrastructure investments. BE IT FURTHER RESOLVED, that the City Manager is hereby directed to send this resolution and communicate this Council's strong and unswerving opposition on this matter to our Legislators and the Governor along with an expression of our continued appreciation for the Governor's and any supportive legislators' steadfast opposition to further borrowing or seizure of these funds. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council and Redevelopment Agency of the City of Lake Elsinore, California, on this 26th day of August 2008. 2 Agenda Item NO.11 Page 4 of 5 ATTEST: VIVIAN M. MUNSON CITY CLERK / AGENCY SECRETARY APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY / AGENCY COUNSEL DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN LAKE ELSINORE REDEVELOPMENT AGENCY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council and Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 26th day of August 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item NO.11 Page 5 of 5 TO: CITY OF ~ LAKE ,6,LSINORf V DREAM E,xTREME... REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER SUBJECT: CONSTRUCTION CONTRACT AWARD FOR INTERCHANGE IMPROVEMENTS AT INTERSTATE 1-15 AND CENTRAL AVENUE (SR- 74) DATE: AUGUST 26, 2008 City Council has identified the 1-15/SR-74 interchange as a priority for Staff to process a project which will reduce traffic congestion in that area. The Fiscal Year budget for the 2008/09 Capital Improvement Program identifies $4,955,156 in funding to facilitate these improvements. The work will include widening the freeway on and off ramps, widening Central Avenue from Collier Avenue to Dexter Avenue and widen the area under the overcrossing. Backaround Discussion On August 19, 2008 at 10:00 a.m., the City received bids from qualified construction companies to make interchange improvements per plans and specifications. The bids were as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. Ortiz Enterprises Inc. Griffith Company Hillcrest Contracting Beadon Construction Riverside Construction Co. Palp Inc., Excel Paving Co. All American Asphalt Brent Engineering Inc. McKenna Gen. Engr. Constr. $2,896,591.30 $3,019,663.45 $3,116,976.66 $3,284,700.00 $3,357,555.00 $3,597,993.00 $3,620,000.00 $3,631,237.80 $3,843,979.00 Engineer's estimate for this project is $3,800,000.00 Agenda Item NO.12 Page 1 of 3 Interchange 1-15/ Central- Contract Award August 26, 2008 Page 2 Fiscal Impact Funding sources from this project in FY 2008/09 are: 105- Developer Fair Share = $90,354 115- Traffic Safety = $50,000 110- Gas Tax = $121,000 112- Measure A = $2,099,000 205- TIF = $1,094,802 105- TUMF = $1 ,500,000 TOTAL = $4,955,156 Total project costs including preparation of plans and specifications, construction, construction contingency, inspection, surveying, material testing and administration is $4,955,156. Recommendations 1. Award the Interchange 1-15 and Central Avenue (SR-74) Improvements to Ortiz Enterprises Inc. in the amount of $2,896,561.30. 2. Authorize the Mayor to execute the contract with Ortiz Enterprises, Inc. Prepared by: David S. Solomon Project Engineer Approved by: Ken A. Seumalo Director of Public Works Robert A. Brady.n rat.. City Manager ~W Agenda Item NO.12 Page 2 of 3 VICINITY MAP SR-74/1-15 INTERCHANGE INTERIM IMPROVEMENTS CITY COUNCIL Agenda Item No.12 Page 3 of 3 CITY OF ~ LA~ 6LSiN.ORJ: , I ~~ DREAM EjTREME", REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 AUTHORIZATION TO AMEND AN EXISTING CEQA CONTRACT WITH HDR, INC. FOR THE PROJECT KNOWN AS "WATERSEDGE" SUBJECT: Backaround The City of Lake Elsinore, acting as the lead agency pursuant to the California Environmental Quality Act (CEQA), has a current contract with HDR, Inc. to evaluate the environmental impacts associated with the WatersEdge Project. The cost of preparing the environmental analysis is paid for by the project Applicant through the application fee process and cost recovery system (CRS). The projects related to this environmental document consist of the following: 1. Marina Specific Plan (WatersEdge mixed use development) 2. The Cottages (multi-family residential project) 3. Wetland Enhancement Site Discussion HDR's scope of work (May 2007) included preparation of an Environmental Impact Report (EIR). While preparing the EIR, changes to the project description, changes to the General Plan Update schedule, and extensive coordination regarding a Wetland Enhancement Site have raised additional technical issues and have required modifications to the Draft EIR (DEIR). Please refer to the attached letter from HDR dated July 30, 2008, for details on the additional efforts. Many of these out-of-scope items have already been completed without funding being available in an effort to resolve all remaining issues and release the Draft EIR out for public review. The Draft EIR for the WatersEdge project was released for public review on August 20, 2008. Agenda Item No. 13 Page 1 of 8 HDR Contract Amendment for WatersEdge August 26, 2008 Page 2 It should also be noted that the DEIR now includes three major components: 1) Marina Specific Plan for WatersEdge, 2) the Cottages, and 3) the Wetland Enhancement Site. At one time each of these components was going to be analyzed in three different CEQA documents, anticipated to be one EIR and two Mitigated Negative Declarations. City Staff worked with the Applicant and all technical consultants to determine the timeliest and most cost efficient approach to completing the environmental process by combining all major components into one EIR. The Applicant has been involved during the entire DEIR process, has reviewed HDR's proposed amendment, and agrees that the additional funding is required to complete the environmental process. City Staff has obtained written approval from the Applicant agreeing to deposit the additional funds into the already-established CRS account. Fiscal Impact The cost of performing the additional environmental tasks is paid for by fees collected from the Applicant. All staff administrative time and consultant costs are also paid from the Applicant's fees. There is no cost to the City. Recommendations Staff recommends that the City Council authorize the City Manager to amend the existing HDR contract for an additional $78,000 for an updated contract total not to exceed $295,341. Prepared by: Tom Weiner~ Planning Manager Robert A. BradJ)~ City Manager J/lDV Approved by: Attachments 1. Vicinity Map 2. HDR, Inc. proposal, dated July 30, 2008 Agenda Item No. 13 Page 2 of 8 VICINITY MAP AMENDMENT TO EXISTING CEQA CONTRACT; AN ENVIRONMENTAL IMPACT REPORT FOR THE WATERSEDGE MARINA PROJECT CITY COUNCIL AUGUST 26 2008 Agenda Item No. 13 Page 3 of 8 July 30, 2008 Mr. Tom Weiner Planning Manager City of Lake Elsinore Planning Division 130 South Main Street Lake Elsinore, CA 92530 RE: Request for Contract Amendment II to the WatersEdge Specific Plan EIR Project Dear Mr. Weiner: HDR is currently under contract to the City of Lake Elsinore for the preparation of Cali fomi a Environmental Quality Act (CEQA) documentation services for the WatersEdge Specific Plan project. That Scope of Work (May 2007) included preparation of Environmental Impact Report (EIR). While preparing the EIR, changes to the project description, coordination issues related to the Wetland Enhancement Site and the update of the General Plan have required technical issues to be re-evaluated and modifications to the EIR. The completion of these additional out of scope tasks requires extra work and additional costs on the part ofHDR. The following is a breakdown of out-of- scope work to be completed, and items that have already been completed in order to keep the project moving forward: 1. Biology -Deficiencies were identified in the biological technical reports provided to HDR. These deficiencies have required numerous meetings and coordination, multiple reviews of applicant provided information, substantial edits and rewrites of materials. 2. City of Lake Elsinore General Plan- when the EIR process began, HDR had incorporated the existing General Plan (1990) into the EIR. However, due to unforeseen delays in the project, HDR was directed by the City to also incorporate additional analysis throughout the EIR that addressed the applicability of the Draft General Plan Update (2008). 3. Specific Plan Revisions - Due to revisions made in the WatersEdge Specific Plan, prepared by the Planning Center, HDR has had to complete several iterations of the Land Use and Planning and Population and Housing sections of the EIR. These additional iterations have HOR Engin..ring, Inc. 8690 Balboa Avenue Suite 200 San Diego. CA 92123 858-712-8400 858-712-8333 (fax) Agenda Item No. 13 Page 4 of 8 Mr. Tom Weiner July 30, 2008 Page 2 exceeded the hours scoped by HDR for these tasks. One final reiteration of these sections is anticipated before the circulation of the DEIR. 4. Water Quality - Water quality analysis was not adequately addressed in the original data provided to HDR. HDR was requested to obtain scopes of services and costs from a specialty contractor to provide this detailed analysis. Kinnetic Labs, as directed by the City, contracted with the applicant; however, HDR expended management and administrative support in coordinating these efforts, directing the technical services and incorporating the findings into the EIR. 5. Noise & Air - Deficiencies were noted in the analysis of the noise and air sections. The analyses for both of these sections did not address the Wetland Enhancement Site. ISE, as directed by the City, contracted directly with the Applicant; however, HDR provided project management and QC review, and must revise the EIR to incorporate the additional noise and air analysis .These were out-of-scope actions and required additional labor to perform these tasks. Additionally, HDR incurred out-of-scope costs due to extensive coordination with ISE and the Applicant on the design and location of sensitive receptors within the Marina and Cottages by the Lake. Mitigation measures were altered as a result of this coordination. Additional analysis and iterations of the noise and air EIR sections have exceeded the hours scoped by HDR for these tasks. 6. Traffic - Deficiencies were noted in the traffic analysis which required additional coordination and analysis. HDR will incorporate the finding of a technical memorandum into the Traffic section of the EIR. 7. The Applicant has recently informed the City that the Cottages by the Lake will not be used to meet the affordable housing component of the WatersEdge project. HDR will need to analyze how this change in project description may affect issue areas and sections of the EIR. These tasks are out-of-scope and exceed the hours originally scoped for developing the project description and applying it throughout the EIR. 8. HDR has incurred out-of-scope labor costs for the project management of the Applicant's sub-consultants and coordination to obtain data for the EIR, and coordination with numerous City departments. According to the original scope of work, all project information and data were to be provided to HDR for use in the EIR. However, HDR incurred cost due to HDH Engineering, Inc. Agenda Item No. 13 Page 5 of 8 Mr. Tom Weiner July 30, 2008 Page 3 recurring coordination with non-HDR sub-consultants to obtain the necessary project information, and continued support to the City. Approximately 128 hours of additional time was utilized for project management responsibilities. These responsibilities include, but are not limited to, additional coordination with the Applicant, Applicant sub- consultants, and HDR sub-consultants; coordination with and administrative support to numerous City departments; additional oversight and QC review of the EIR and technical studies; and accounting and invoicing. The total 128 hours equates to approximately 18 hours per month or 4.5 hours per week over the past seven months. 9. HDR's previous cost estimate assumed that the work would be completed in 2007. However, due to unforeseen project delays, primarily from changing the project description and the applicant addressing biological issues, the CEQA document was prepared in the year 2008. Costs have increased 4% for services rendered in 2008 compared to 2007. The amount expended to complete these out-of-scope items is $78,000. Barring any further project delay and outstanding technical information, HDR proposes to complete the CEQA document for a not-to-exceed $75,000 + $3,000 (4% Escalation) = $78,000 (Amendment II). With approval of the amendment, HDR will complete the revisions to the screencheck DEIR, prepare and circulate the DEIR, prepare the Response to Comments / Final EIR, and attend the public hearings. HDR is prepared to immediately commence work on the DEIR preparation for public circulation upon receipt of Notice to Proceed from the City of Lake Elsinore. It should be noted that our cost proposal does assume that the level of effort necessary for the Response to Comments is estimated at 80 hours or $5,000. If additional level of effort is required, additional fees may be needed to address all comments received on the DEIR. Also, should printing costs for the DEIR and FEIR exceed $10,000 total, additional fees may be required. HDR will notify the City immediately and cease work should these items exceed their current projected budget. The contract would be revised as follows: Previous Contract Amendment II EIR NEW TOTAL $217,341 $78.000 $295,341 HDR Engin..ring, Inc. Agenda Item No. 13 Page 6 of 8 Mr. Tom Weiner July 30, 2008 Page 4 This contract amendment would allow for preparation of the Specific Plan EIR per the revised attached schedule. Should you have any questions regarding this contract amendment request, please feel free to contact Shannon D' Agostino at (858) 712-8324. Sincerely, HDR Engineering, Inc. /d7l2h Betty DehOney/ Vice President ~. .. Attachments AUTHORIZATION By signing below, the City of Lake Elsinore and HDR Engineering, Inc. agree to the Scope of Work, Cost Estimate, and Terms and Conditions attached hereto. HDR Engineering, Inc. City of Lake Elsinore BY:~~ Name: Be Dehone Title: Vice Presid t Address: 8690 Balboa Ave.. #200 San Diego. CA 92123 By: Name: Robert A. Brady Title: City Manager Address: 130 South Main Street Lake Elsinore. CA 92530 Attest: Approved as to Form: Vivian Munson, City Clerk City of Lake Elsinore Barbara Zeid Leibold, City Attorney City of Lake Elsinore HDR Engineering, Inc. Agenda Item No. 13 Page 7 of 8 VICINITY MAP AMENDMENT TO EXISTING CEQA CONTRACT; AN ENVIRONMENTAL IMPACT REPORT FOR THE WATERSEDGE MARINA PROJECT CITY COUNCIL AUGUST 26 2008 Agenda Item No. 13 Page 8 of 8 CITY OF .~ LAKJ: ,6,LSiI10Rf: ,,~ DREAM EXTREME", TO: REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER AUGUST 26, 2008 APPOINTMENT OF APPROVING BODY FOR DETERMINATIONS OF PUBLIC CONVENIENCE AND NECCESITY FOR THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL DATE: SUBJECT: Backaround Section 23958.4 of the Business and Professions Code requires that a city determine whether or not Public Convenience and Necessity (PCN) would be met by the issuance of a new alcohol sales license. Typically, this is accomplished by the issuance of a letter to the State Department of Alcoholic Beverage Control (ABC). If the City does not make a finding of Public Convenience and Necessity, then the license request would be denied by ABC. If the City makes the finding, then the license can be issued. On July 22, 2008, the City Council was in favor of staffs recommendations related to PCN reviews, which included the following: 1. Designation of the Planning Commission as the authority for determining Public Convenience and Necessity, unless appealed, whereas the City Council would assume the responsibility; and 2. Authorized the City Clerk or Director of Community Development to issue letters of Public Convenience and Necessity. This letter would only be issued after the City Councilor Planning Commission has approved a Conditional Use Permit (CUP) for alcohol sales or has otherwise made a determination regarding a PCN request. If the Planning Commission or City Council deny a CUP or otherwise determine that PCN cannot be found, then a letter to that effect will be transmitted to ABC. Recommendation Waive further reading and adopt a resolution authorizing the Planning Commission to determine Public Convenience and Necessity and authorizing the City Clerk or Director Agenda Item No. 14 Page 1 of 4 PCN Determination August 26, 2008 Page 2 of Community Development to issue letters of Public Convenience and Necessity after a determination is made. Prepared by: Tom Weiner ~ Planning Manager Approved by: Robert A. Brady f) ~ City Manager ILt1J/ Attachment 1. City Council Resolution Agenda Item No. 14 Page 2 of 4 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE PLANNING COMMISSION AS THE AUTHORITY FOR DETERMINING PUBLIC CONVENIENCE AND NECCESITY AND AUTHORIZING THE CITY CLERK OR DIRECTOR OF COMMUNITY DEVELOPMENT TO ISSUE LETTERS OF PUBLIC CONVENIENCE AND NECCESSITY AFTER A DETERMINATION IS MADE WHEREAS, the Department of Alcohol Beverage Control (ABC), a State agency, regulates the distribution of liquor licenses in the State of California; and WHEREAS, Section 23958.4 of the Business and Professions Code defines "undue concentration" of liquor licenses and establishes a procedure for the local agency to determine if the Public Convenience and Necessity will be served by the issuance of a license notwithstanding a determination that there is an undue concentration of licenses; and WHEREAS, Section 23958.4 of the Business and Professions Code allows the City Council to delegate the responsibility making the finding of Public Convenience and Necessity; and WHEREAS, the City has an appropriate review process in place in which the Planning Commission can make determinations regarding Public Convenience and Necessity; and NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. The Planning Commission is authorized to determine whether Public Convenience and Necessity would be served to warrant the issuance of an alcoholic beverage license from the State Department of Alcohol Beverage Control (ABC) as allowed by Section 23958.4 of the Business and Professions Code of the State of California. SECTION 2. The City Clerk or Director of Community Development is authorized to issue letters of Public Convenience and Necessity after a determination is made. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. 1 Agenda Item No. 14 Page 3 of 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 26th day of August 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 26th day of August 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 2 Agenda Item No. 14 Page 4 of 4 CITY OF .~ LAl(l:: ,6,LSiNO~ ~~ DREAM EXTREME... REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 SUBJECT: GENERAL PLAN UPDATE Discussion Staff will be prepared to present the Draft Preferred Land Use Plan, with all the "fine tuning" to the Planning Commission on September 16, 2008. The Draft Preferred Land Use Plan will include all recommendations from the Planning Commission (to date) as well as areas identified by staff that necessitated adjustments due to topography, f100dway and environmental constraints, previous entitlements, current development proposals, circulation needs, existing land uses and citizen input. Additionally, as staff has continued to meet with significant stakeholders within the City, information has also been received that has assisted in and necessitated additional "fine tuning". Recommendation Receive and File. Prepared by: Rolfe M. Preisendanz L /}1/}/'J./L Director of Community Developmeny / , , / Approved by: Robert A. BradY~ City Manager i I \ Agenda Item No. 15 Page 1 of 1 CITY OF ~ LAKE 5LSiNORI: , , Y DREAM EXTREME", REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26, 2008 SUBJECT: ROSETTA CANYON FIRE STATION AND PARK- CONTRACT AWARD Backaround On May 23, 2006, City Council approved the agreement for professional services with STK Architecture, Inc. to design and provide technical support for the construction of the Rosetta Canyon Fire Station and Park. On June 24, 2008, City Council approved the selection of Peter Ramey for Project Construction Management. Plans and specifications were completed by STK Architecture, Inc. for the fire station and park and notice requesting bids was published. Bids were opened on June 27, 2008, at 3:00 p.m. Discussion The original contract was for the fire station design, community center and construction management services of the fire station only. It was determined that the park plans should be incorporated into one design and the bid package to help expedite completion of, what is now, Phase I of the project. Due to funding constraints, the project is split into two phases. Phase I will include the fire station, basketball courts, tennis courts, picnic tables, restroom building, tot lot, parking lot and grassing and irrigating over the park area. Phase II will include the baseball facilities, the community center, the second parking lot along the west side of the park and the other small improvements. Prospective bidders were requested to bid on the Base Bid for the entire Phase I project with two deductive alternates. The deductive alternates included two items, one is the tennis courts and the second one is the basketball courts. Agenda Item No. 16 Page 1 of 4 Rosetta Canyon Fire Station August 26, 2008 Page 2 On June 27,2008, City Clerk opened bids for this project. They were: NAME OF COMPANY BASE BID WITH 2 DEDUC. AL T. 1. Perera Construction 2. Erickson-Hall Construction 3. Woodcliff Corporation 4. HCH Construction 5. DWC Construction 6. Morillo Construction $7,814,000 $8,028,000 $8,090,000 $8,178,000 $8,490,000 $9,490,000 $7,451,000 $7,528,000 $7,660,000 $7,744,008 $8,120,000 $9,015,000 The Engineer's Estimate of the project was $6,000,000. The low bid by Perera Construction with two deductive alternates was $7,451,000 or $1,451,000 above engineer's estimate for the construction of the project. The parties have discussed certain value engineering items that may substantially reduce the cost. Those discussions are on-going. In the event that such values can be achieved, the City and Perera would agree to a change order subject to the approval of the City Council. Fiscal Impact The current project budget is $7,441,000. However, staff does not request a change in the budget at this time because of potential engineering saving that are being negotiated. In the event that such values are not achieved, staff will return to the Council to request an additional budget approval before construction is commenced. In the event that certain engineered values are achieved, the positive fiscal impacts will be addressed as part of the Council's consideration of a change order at a City Council meeting in September. Recommendations 1. Award Rosetta Canyon Fire Station and Park to Perera Construction and Design Inc. for $7,451,000. 2. Authorize the Mayor to execute the contract with Perera Construction and Design Inc. Agenda Item No. 16 Page 2 of 4 Rosetta Canyon Fire Station & Park August 26,2008 Page 3 Prepared by: David S. Solomon Project Engineer Ken A. Seumalo ~S Director of Public Works Approved by: Robert A. Brad~.If).. rtt ' City Managerw Attachment: Vicinity Map Agenda Item No. 16 Page 3 of 4 I....' . . . . . . -:;Z~:%<":';:"".!_,~. -. . -~ . : 1/ . !! ~--_.~/ i .............L.................... .............................~.:.............. I I I I I I I I o 75 150 300 Feet ~ LA~E 6LSiNORf: ~ DIlEAM E.)(rIlEME City Of lake Elsinore 130 S. Main SI. lake Elsinore, CA 92530 (951) 674-3124 www.lake-elsinore.org ROSETTA CANYON FIRE STATION & PARK - PHASE I PROJECT 10 NUMBER: GEN-0017 PROJECT NUMBER: 4270 .+, , Prepared By: lake Elsinore GIS April, 2007 Data Sources: Riverside County GIS C~y of Lake Elsinore GIS Agendatff~m M~ 16 CITY OF ~. LAIZE \6,LSiNORI: ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 26,2008 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2008-08 FOR A PROPOSED CUPPY'S COFFEE KIOSK LOCATED IN THE MISSION TRAIL CENTER (APN: 363-172-022) Backaround At a regularly scheduled meeting on August 5, 2008, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-11 and a resolution recommending City Council approval of Commercial Design Review No. 2008-08. The project site is located approximately a quarter-mile south of the Diamond Drive and Mission Trail intersection, within the Mission Trail Shopping Center, APN 363-172-022, within Redevelopment Project Area NO.1. Discussion Planning staff presented the following to the Planning Commission: · Commercial Design Review No. 2008-08, to establish a stand-alone Cuppy's Coffee kiosk within the Mission Trail Center. · Conditional Use Permit No. 2008-11, to establish a drive-through lane within the General Commercial (C2) Zone. The Planning Commission had no issues or objections with the proposed Cuppy's Coffee kiosk and unanimously approved the Conditional Use Permit and recommended to the City Council, approval of Commercial Design Review No. 2008-08. Agenda Item No. 17 Page 1 of 22 Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August 26,2008 Page 2 of 2 Fiscal Impact Additional sales tax revenue is anticipated with the approval of Commercial Design Review No. 2008-08. Indirect positive impacts include-aesthetic enhancement of the general area, increase in leased space due to the improvement of the existing shopping center, and potential employment opportunities. Recommendations 1.) Waive further reading and adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 2.) Waive further reading and adopt a resolution approving Commercial Design Review No. 2008-08. Prepared by: Joseph Bitter~ Planning T~~i~~ Approved by: Robert A. BradJArf< City Manager ijV(V Attachments 1. Vicinity Map 2. City Council Resolutions 3. City Council Conditions of Approval 4. Planning Commission Staff Report 5. Exhibits A. Colored Site Plan B. Material/Building Color Board C. Plan Set (Full Size Exhibit) Agenda Item No. 17 Page 2 of 22 VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2008-08 & CUP 2008-11 MISSION TRAIL APN'S: 363-172-022 Agenda Item No. 17 Page 3 of 22 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Peter Noll, CCN Architecture, has submitted an application for Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 (the "Entitlements"), for the development of the Cuppy's Coffee within the existing Mission Trail Center complex, within Redevelopment Area No. 1 (the "Property"); and WHEREAS, Section 6.0 of the MSHCP indicates that projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, the Project Site is not located within a criteria cell, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, public notice of the Entitlements have been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting (unless noticed as Public Hearing) held with respect to this item on August 26,2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt Findings that the Entitlements are Consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within a MSHCP Criteria Cell. However, pursuant to the City's MSHCP Resolution, the project is required to be reviewed for consistency with the MSHCP "Other Plan Wide Requirements," including consistency with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. 1 Agenda Item No. 17 Page 4 of 22 As stated above, the proposed project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Property is located within the paved parking lot of an existing shopping center. No riverine/riparian areas, vernal pools, or fairy shrimp habitat are present on the Property. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the Project is not subject to the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The Project is surrounded by existing development or graded parcels planned for development. Therefore, the UrbanIWildlands Interface Guidelines set forth in Section 6. 1.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. There are no resources existing on the Property that would be subject to the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. As stated above, the Project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 2 Agenda Item No. 17 Page 5 of 22 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby adopts Findings that the Entitlements are consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 26th day of August 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY 3 Agenda Item No. 17 Page 6 of 22 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 26th day of August 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 17 Page 7 of 22 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2008-08 WHEREAS, Peter Noll, CCN Architecture, has initiated proceedings for Commercial Design Review No. 2008-08 for the design and construction of a two- hundred and sixty (260) square foot kiosk building with associated drive-through located within the existing Mission Trail Shopping Center (APN: 363-172-022) (the "Project"); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and approving commercial design review applications; and WHEREAS, on August 26, 2008, at a duly noticed public meeting, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Commercial Design Review prior to making a decision to approve the application. The City Council finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.82 of the Lake Elsinore Municipal Code. SECTION 2. The City Council hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines") pursuant to a Section 15303(a) New Construction or Conversion of Small Structures. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review 2008-08: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. 1 Agenda Item No. 17 Page 8 of 22 2. The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the retail shell building has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects through the use of architectural design that is similar to existing buildings in the shopping center. A variety of materials and colors are proposed including architectural stone accents and earth tone colors that blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant to Section 15303(a), New Construction or Conversion of Small Structures, the Project was reviewed and conditioned by all applicable City departments to ensure that the retail shell building blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the City Council on August 26, 2008. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Commercial Design Review 2008-08. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. 2 Agenda Item No. 17 Page 9 of 22 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 26th day of August 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 26th day of August 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 17 Page 10 of 22 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2008-11 AND COMMERCIAL DESIGN REVIEW NO. 2008-08 FOR THE PROPOSED CUppy'S COFFEE KIOSK WITH DRIVE-THROUGH LOCATED WITHIN THE MISSION TRAIL CENTER (APN: 363-172-022) PLANNING General Conditions 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit and Commercial Design Review for the Cuppy's Coffee located in the Mission Trail Center (APN: 3363-172-022) project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be placed on the property prior to the issuance of a grading permit. 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 5. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 6. The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. Agenda Item No. 17 Page 11 of 22 Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August 26,2008 Page 2 of 7 7. The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 8. The applicant shall comply with all applicable City codes and ordinances. 9. The proposed wall with decorative cap located along the drive-thru lane shall match the color of existing walls within the Mission Trail Shopping Center. 10. Landscaping: Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee. 11. All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. 12. The proposed trash enclosure shall match the color and use the same material/texture of the existing buildings within the Mission Trail Shopping Center. 13. The roof color of the proposed trash enclosure shall be selected from the approved building color palette. 14. The color of the trash enclosure gates shall match the color selected for the trash enclosure roof. Conditional Use Permit No. 2008.11 15. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 16. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 17. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. Agenda Item No. 17 Page 12 of 22 Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August26,2008 Page 3 of 7 18. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 19. Necessary traffic circulation signage shall be erected onsite in association with the drive-thru lane. Signage shall be reviewed by the Director of Community Development or designee. Commercial Design Review No. 2008-08 20. Approval for Commercial Design Review No. 2008-08 will lapse and be void unless building permits are issued within two (2) years following the date of approval, with a one (1) year extension that may be granted by the Director of Community Development and a final extension of one (1) additional year that may be granted by the approving body (Planning Commission or City Council). 21. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 22. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development or designee has determined that all Conditions of Approval have been complied with. 23. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. 24. Plan Check shall conform to the submitted plans as modified by Conditions of Approval or by the Planning Commission and/or City Council through subsequent actions. 25. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 26. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall Agenda Item No. 17 Page 13 of 22 Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August26,2008 Page 4 of 7 compliment the architectural style of the building and shall be reviewed and approved by the Director of Community Development or Designee. 27. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 28. Trash enclosures shall be constructed per City standards as approved by the Director of Community Development or Designee prior to issuance of Certificate of Occupancy. 29. No exterior roof ladders shall be permitted. 30. All exterior downspouts shall be concealed within the building(s). 31 . Materials and colors depicted on the plans and materials board shall be used unless approved by the Director of Community Development or designee. 32. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 33. The Applicant shall comply with all Riverside County Fire Department requirements. 34. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and installed as approved by the Planning Division, prior to the issuance of a certificate of occupancy. 35. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit 36. Prior to the issuance of a building permit the applicant shall submit final elevations with revised awnings. The awning shall have a minimum dimension of twenty-four to thirty-six inches (24"-36") from the architectural projection the awnings are located on. The final design shall be approved by the Director of Community Development or designee. 37. Prior to the issuance of a grading permit the applicant shall submit final grading plans to the Engineering Division for approval. The applicant shall meet all of the Engineering Division's requirements for submittal and approval. 38. Prior to the issuance of a building permit the applicant shall submit the revised "Preliminary Landscape Plans" and "Preliminary Grading Plans", and shall be consistent with the approved to the site plan. Agenda Item No. 17 Page 14 of 22 Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August 26, 2008 Page 5 of 7 39. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Director of Community Development or designee, prior to final landscape approval. a. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. c. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. Shrubs and vines shall be planted around the onsite trash enclosures to soften the structures. f. Final landscape plans to include planting and irrigation details. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for one year from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and the Director of Community Development or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. Agenda Item No. 17 Page 15 of 22 Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August 26, 2008 Page 6 of 7 J. One twenty-four inch (24") box size tree shall be installed for every five parking spaces within the onsite parking area. k. One twenty-four inch (24") box size tree shall be installed for every thirty-linear feet (30') of street frontage, selected from the approved City street tree list. 40. Prior to issuance of building permits, applicant shall provide assurance that any/all required fees to the Lake Elsinore Unified School District have been paid. 41. Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 42. Prior to issuance of building permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 43. Prior to issuance of building permits, the applicant shall provide assurance that the Multiple Species Habitat Conservation Plan fees have been paid. 44. Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. 45. Prior to issuance of a building permit, the applicant shall provide assurances to the Planning Division that all development fees have been paid. 46. On-site surface drainage shall not cross sidewalks. Prior to the issuance of a Certificate of Occupancy 47. Prior to the issuance of a certificate of occupancy, the applicant shall have an approved, revised Uniform Sign Program on file with the Community Development Department, adding the Cuppy's Coffee building and indicating all signage criteria for the building. ENGINEERING General Conditions 48. The applicant shall obtain an encroachment permit for any work performed in public right of way. 49. The applicant shall dedicate 10' of right-of-way on Mission Trail such that the ultimate right-of-way width to centerline is 60 feet. Agenda Item No. 17 Page 16 of 22 Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August26,2008 Page 7 of 7 50. TUMF, TIF and other mitigation fees (LEMC 16.34, Res. 85-26) if applicable, shall be paid prior to issuance of building permit. 51. 'No Parking' signs shall be installed at the driveway, from the entrance to approximately 100 feet from face of curb. 52. The applicant shall provide signing and striping for traffic entering and exiting the site and for on-site parking and circulation. 53. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 54. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Agenda Item No. 17 Page 17 of 22 ", CITY OF ~ LAlZE ,6,LSiNOR,f: V DREAM EXTREME... CITY OF lAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 5, 2008 PREPARED BY: JOSEPH BITTEROlF, PLANNING TECHNICIAN PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2008-11; COMMERCIAL DESIGN REVIEW NO. 2008-08; FOR A PROPOSED CUppy'S COFFEE KIOSK lOCATED IN THE MISSION TRAil CENTER (APN'S: 363-172-022) BRETT CAMACKlPETER NOll, CCN ARCHITECTURE, 210675 TREENA STREET #101, SAN DIEGO, CA 92131 APPLICANT: OWNER: SEAN POURTEYMOUR, MIRAMAR WEST llC, 437 lA JOllA VillAGE DRIVE # 850, SAN DIEGO, CA 92122 PROJECT REQUEST The applicant is requesting a Conditional Use Permit and Design Review consideration for the design and construction of a 260 square-foot Cuppy's Coffee kiosk building with double drive-through lanes within the existing Mission Trail Center. The project site is located within the C-1 (Neighborhood Commercial District) Zoning district and has a General Plan designation of General Commercial. Review is pursuant to Chapter 17.44 (C-1, Neighborhood Commercial District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), Chapter 17.38 (Non- Residential Development Standards), and Chapter 17.74 (Conditional Use Permits) ofthe Lake Elsinore Municipal Code (LEMC). Agenda Item No. 17 Page 18 of 22 Public Hearing Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 August 5, 2008 Page 2 PROJECT LOCATION The project site is generally located approximately a quarter-mile south of the Diamond Drive and Mission Trail intersection, within the Mission Trail Shopping Center. BACKGROUND On April 8, 2008 the applicant submitted an application for a Commercial Design Review and a Conditional Use Permit (CUP). The Commercial Design Review is required to ensure that all projects conform and are consistent with the City's General Plan Architectural Design Guidelines. The Conditional Use Permit is necessary to allow for the proposed drive-through windows. A letter of incompleteness was sent to the applicant, on April 20th, outlining that additional information was needed to complete the review of the proposed project. Staff held the first Design Review Committee (DRC) meeting with the applicant on June 10th, where staff discussed concerns regarding; the American Disability Act (ADA) requirements; parking issues; trash enclosure requirements and location; enhancing the architecture of the building by adding a stone base and stucco-to match the existing shopping center; and trellis porte cocheres over the two drive-through windows, walk-up window and employee entrance to the building. Upon receiving the first set of revisions, Staff reviewed the proposed plans for consistency with the established LEMC and the General Plan. Staff worked diligently with the applicant to address several substantive comments on the proposed architectural design elements, landscaping, parking and circulation. Subsequently, staff met with the Applicant for a second DRC meeting. July 10, 2008 to address further concerns regarding circulation for the drive-through lanes and architectural enhancements, that would further enrich the overall development and create an aesthetically pleasing and well balanced site. The applicant agreed with staffs recommendations and resubmitted plans on July 31,2008 indicating the requested revisions to the site plan and building elevations, which include canvas canopies at the drive-through windows and walk-up window. ENVIRONMENTAL SETTING r-- ~ - -- ~~-- - --- 7 ~ ---- - ~ ~ - . --- - ~ ~ .~ .,' Q "', 'C C;',~, ,,' 'If,~" /0'o=-r:l'lcr;;c/~1 151', f,'~1 , ,,\ ~-' i ''i\ :J ,-.:,\,-},tb, !J~:\'2..- \:::~= \L.!::::..1;:\~)'li:-- A_~'Lt.;/~j~,. 1 (~ ~) \ ; _ j I ~ ~ j~ i -~ _ ~ _ -~- _ _ "-- - -- ----~- -~-~---- ~---~-~~~---~-~--------------~~--~--"----~._-~~_.~ Commercial C-1 (Neighborhood Commercial District) C-1 (Neighborhood Commercial General Commercial Project Site North Retail Center General Commercial Agenda Item No. 17 Page 19 of 22 Public Hearing Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 August 5, 2008 Page 3 - -~ ~~ - - ~-,-~- - -j-'::: ~--I.-.-~: - -.>':.-----~ - ~-- ---- ------:..~::::;:-- ~-(~:~~~-~~-~--- --~- - ::.....~.-::;-~----~ ----~-~ ,~>> " ""'~ '-' ,1"'1\'[; ~Jl"A'I~r~fL Ii'L~N ! __~ ____ _____-..:___~ ~ ' 1\: _~ ~_~ ~~_~___~____ _ __~ __~_~_ ~~____. __~__~~__~~___~~ ______~____ _~_~ South Commercial C-2 (General Commercial General Commercial District East Commercial C-2 (General Commercial General Commercial District West Commercial East Lake Specific East Lake Specific Plan Plan PROJECT DESCRIPTION Sitinq The applicant is proposing to install a two-hundred and sixty (260) square-foot pre- fabricated single-story kiosk with two (2) drive-through lanes with a window located each side ofthe building. The proposed kiosk will be setback from the right-of-way a minimum of seventy feet (70') with new and existing landscaping and the two (2) proposed drive- through lanes in between. On site Circulation & Parking The proposed Cuppy's Coffee kiosk will be located within the existing Mission Trail Center, which has two (2) existing points of ingress/egress located off of Mission Trail. The two (2) access points located along the west property line take access from Mission Trail. All parking spaces will be designed at 90-degree angles and will be nine-feet (9') in width and eighteen-feet (18') in length. Furthermore, the onsite parking for the proposed use and the existing retail center meet the minimum requirements described in Chapter 17.66 of the L.E.M.C. The primary access point for the Cuppy's Coffee kiosk will be taken via an approximate twenty-eight foot (28') "main" drive-aisle that enters the property from the southern driveway. The primary drive-through lane will enter from this drive-aisle and will be serviced by the south drive-up window then exit onto the drive-aisle to the east of the building. The secondary drive-through lane will enter on the drive-aisle to the east of the building, being serviced by the north drive-up window, and exit onto the "main" drive-aisle approximately thirty feet (30') from the public right-of-way. Architecture The applicant is proposing a "Contemporary Tuscan" architectural style that is consistent with the architecture seen throughout the existing Mission Trails Shopping Center. This proposed architecture was approved by both the Planning Commission and City Council and provides a common theme with distinct elements that can be found throughout the center. Agenda Item No. 17 Page 20 of 22 Public Hearing Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 August 5,2008 Page 4 The north, west, and east elevations will be similar and will include a stone veneer band creating a base to the building and will have a stucco finish. The walk-up window and both drive-up windows will have awnings over them, providing relief from the elements while enhancing the architecture of building by "breaking-up" the flat wall planes of the building. A condition of approval has been added that requires the applicant to provide awnings with a minimum dimension of twenty-four to thirty-six inches (24"-36") from the architectural detail that the awning is located on and that the Director of Community Development shall approve of the final awning design. The east elevation (facing Mission Trail) will be screened by the proposed landscaping in order to screen the employee entry door and the utility meter located on that elevation. The stone band found on the other elevations will also be utilized on the east elevation providing architectural consistency for the building. Please note that a Condition of Approval has been added that will require the applicant to architecturally screen all outdoor equipment, whether it is ground or roof mounted. The building will have a parapet roof with decorative elements that will offer some articulation on the roofline, further enhancing the look of the structure. Staff has also added a condition of approval requiring that the applicant submit a Sign Program Amendment to include the Cuppy's Coffee signage in the sign program. LandscaIJinq & Gradinq Staff has been working with the applicant during the design review process with different aspects of the project that have altered the site plan, which consequently, prompted significant changes to the landscape and preliminary grading plans. Therefore, the applicant has been conditioned to submit the final grading and landscape plans prior to obtaining building and grading permits. Colors and Materials The applicant is proposing to incorporate the colors and materials found throughout the existing shopping center. Staff has added a condition of approval that states that the trash enclosure be finished with the approved wall colors and materials to match the Cuppy's Coffee building. The materials and colors for the proposed Cuppy's Coffee are as follows: ~-~~-----~ --~-~,..,.,...,-..-~---~-~~-~~-----~~~~ I ~ ~ - r 1 i;:., - ," r"'-:. ~~~ r - r I " ___\ _ I ~ ~ K-.: 11 0 :t~"J w 'I ~~u ~~\j 1-\~~~ ~,,~_A(~:- \::;\gJ ~..?J1 IS ; I U ~~~ (~{~~ \ ~ I -~------~---~--- - - ~-~-~_._-~~.-..-...-..............._-- ---~-_.~-----~- -~-~ Primary Wall Color Trim Frazee Paint "PI mouth Red" Dunn Edwards "Burnt Cedar" Frazee Paint "Gull" Stucco Accent Wall Color Stucco Stucco Agenda Item No. 17 Page 21 of 22 Public Hearing Commercial Design Review No. 2008-08 and Conditional Use Permit No. 2008-11 August 5, 2008 Page 5 Base Furring/Columns EI Dorado Stone Stone Veneer llSierra" Mountain Ledge Awning Burnt Cedar Canvas ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15303(a) New Construction or Conversion of Small Structures, staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2008-_ adopting consistency findings with the Multi-Species Habitat Conservation Plan; Resolution No._ approving Conditional Use Permit No. 2008-11 and Resolution No. 2008-_ recommending that the City Council approve Commercial Design Review No. 2008-08 based on the following Findings, Exhibits, and proposed Conditions of Approval. PREPARED BY: Joseph Bitterolf, Planning Technician APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. 8%"x11" PLAN SET REDUCTIONS 5. COLOR BOARD (Provided by applicant) 6. EXHIBITS Exhibit A. Overall Site Plan Exhibit B. Site Plan Exhibit C. Building Elevations and Floor Plan Agenda Item No. 17 Page 22 of 22