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Home My WebLink About03/28/2006 CC Reports .'>( ~ ' /I, CITY OF LAP ELSINORE' CITY COUNCIL AGENDA ROBIRT,~ "BOr MAGU.MAY~R, WWW.LAKE-ELSINORE.ORG ~TLSCIID'FNER.~'Y."'OTEM (951)674-:3124 PHONE 'QiOMi\S B1.ICIO..EY. CO (951) 614-2392 FAX ''''YLRlCKMAN. COUN " LAKE ELSlNORECuLnJRAL CENTEIt . GIMEULLE'y.~ 183 NORTH MAIN S'ltiaT aoBDTA; BRADY. CITY~4GER ) LAKE ELSINORE, CA 92538 " ******************************************************it.***** TUESIl,A Y, MARCB28, 2~- 5:00 P.M.' II you lUellttendin, .t6ls City. Council Meeting please Park in, thl! Pll1'king . LfJ.t ',across the Stl'eet /10m the Cultural Center.. ThiS, will'lIssist . us in, lUtUIing,! the mlp4CItil meetings on the, Downtown Business'Distl'ict. , TIumk youfof.Yoti1~cri-fltionJ ' C~L,TO QlIDER ROLLCJ\LL ~~~PSKSSl<W A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~ 54956.8): .' Property: . A.P.N. 3774>40.023; 024 and 025 Negotiating parij~: City of Lake Elsinore IilDd MPJ 76, IDe Under negotiatib11:price and terms of payment B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION {Gov't Code fS49S1): CityAttomey , . :RBCQmNE IN..P~ttIC ~ESSION (7:00 P,M.) INVOCATION -~_~T ~F SILENT PRAYER ROLLCALL ~ $ c' ,_ ',,'," , r.g~:3 -:- City COlllldlAgeJlda - Mareh 28,,2006 . "- " ". -,~' ' :-"',,/ , d. Joint City Council/Redevelopment Agency Study Session - February 28, 2006. , RECOMMENDATION: 2. Warrant List ~March~ 15, 2006. RECOMMENDATION: Approve. Ratify. . 3. Investment Report 7" Janu3I'Y 2006 . RECOMMENnATION: Receive & File. 4. Resolutionreq~g Grant Funding from the Department of Boating and WaterWays. . RECOMMENDATION: Adopt Resolution No. 2006~39, . approving the request for grant funding. 5.. Exception to Bid.Procedures for the purchase of engineered sign poles and.brackets: ft>r shoreline zone identification. , , , , ,RECO~Nl)ATION: Approve the exception to bid' prOcedures. and aUthorize staff to proceed with the purchase. 6. Licens.e Agreement for Floating Food Vendor. RECOMMENDATION: Approve"license agreement. 7. Request for approval to sell alcohol on levy. RECOMMENDATION: Consider th~ request by the Western States 'Cup/Pacific Coast , ~. 5 - City Co...~1 Aleucla - Mareh28, 2006 , , "" , 12. Planning Di'V'isiQl1:Persona1& Professional Service Contract. RECOMMENDATION: Authorize the City'Manager to ex~uteacontract with'the contract statI ~~ICHE~~ 21. Formation ofCFD 2006-2 (Viscaya). RECOMMENDATION: Open the Public Hearing.' Continue the Public He8.ririg to April 25,2006. '22: Fotmatioo"ofCFD2006-3(La Strada). RECOMMENDATION: Open the Public Hearing. ' Continue the Public Hearing to June 13,2006. 23. 2006 Justice Assistance Grant. RECOMMENDATION: Approve use ofthese'gr8nt funds offered by the Bureau of Justice. ' , . ,., - "'" ,,~ss I'l'EM~ 31. ' Ad<>ption of Ordinance granting a Non-Exclusive Franchise to provide cable servicetoVerizonCalifomia INC. RECOMMENDATION: Consider staff's recommendation as . listed in the staff report.', " , , Adopt upon first reading, by title only, of Ordinance No.' 1174. 32. Commercial Design Review No. 2005-09 known as Viscaya Village Center. .- .- .- ACENDA ITEM NO. '1> PACE \ Of~ AGENDA ITEM NO. C PACE '\ OF 3 flJ}Et~~r-.Jt\ C frlt\r;;~_. :~~, .,_J,>f.~.8~=,__"~ -- AGENDA ITEM NO. C. PAGE 2, OF 3 . / :.::.; ..:.. ~ -"' ACENDA ITEM NO.--D PACE 'Of) ~ MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 24, 2006 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ~ ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/Communications Manager Dennis, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:01 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE /"""'. The Pledge of Allegiance was led by Ruth Atkins. Agenda Item NO.-k page-.L of---.1.2 Page 2 - City Council Minutes - January 24, 2006 .~. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/Communications Manager Dennis, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. ~ CLOSED SESSION a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code g 54957): City Clerk b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Subdivision (b) of Gov't Code g 54956.9: (1 potential case). CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items a and b were discussed and there was no reportable action. She also noted that item c was taken off calendar and there was no reportable action. PRESENTATION/CEREMONIALS .~ Agenda Item NO.~ page20f~ Page 3 - City Council Minutes - January 24, 2006 ,...-- A. Proclamation - Elsinore High School Football Program Mayor Magee called Coach Tony Peralta forward for the presentation. Mayor Magee read and presented the proclamation. Coach Peralta thanked the Council and the community; and accepted the proclamation on behalf of staff and student body of Elsinore High School. B. Certificate of Recognition - NAACP essay winners Mayor Magee invited NAACP President Lorraine Watts forward. He called Michelle Jones forward for the presentation. Mayor Magee requested that Mrs. Watts give some background on the essay contest. ~ Mrs. Watts explained that the Lake Elsinore Chapter of the NAACP decided to have a Prayer breakfast for Martin Luther King's birthday. She further explained that students were asked to write an essay titled "When I grow up, how I could be like Martin Luther King". She indicated that they selected a student from the elementary level, middle school level and high school level. Michelle Jones ofTemescal Canyon High School read her essay and accepted her Certificate of Recognition. Veronica Martin of Terra Cotta Middle School read her essay and accepted her Certificate of Recognition. Lucille Comenero of Jean Hayman Elementary School read her essay and accepted her Certificate of Recognition. Mayor Magee commended the NAACP on the essay contest. He commented that the winners were products of their environment. He requested that the parents standup and be recognized. C. Proclamation - Lake Elsinore Marine Search And Rescue (LEMSAR) ~ Mayor Magee called Police Chief Fetherolf forward to assist in the presentation. Mayor Magee called Gil & Irene Lermar forward along with other members of LEMSAR. He commented that LEMSAR patrolled and assisted people in need on the lake. He noted that LEMSAR was one of the Agenda Item No. \ ?.. page3- of~ Page 4 - City Council Minutes - January 24, 2006 ~ oldest and respected volunteer organizations. He commented two of their members would be leaving the organization and the City wanted to recognize their service. Mayor Magee read and presented the proclamation. Gil Lermar commented that it had been enjoyable and rewarding. Police Chief Fetherolf commented that Gil and Irene would be missed. He noted that Gil was the Chief Mechanic on the patrol boats and he would be difficult to replace. Police Chief Fetherolf commented that Mike Lehaun was the new Sergeant with the Lake Elsinore Station and would be in charge of Lake Operations. D. Officer of the Year- Jim Rayls Mayor Magee commented on the commitment of the Lake Elsinore Police Officers. He expressed that they were not rewarded often enough for the things they do for the community. ~ Police Chief Fetherolf commented that Deputy Rayls had worked on different assignments while assigned to the Lake Elsinore Station. Police Chief Fetherolf read a brief synopsis of an incident in which Deputy Ray Is saved the life of young lady. He noted that Deputy Rayls had a well earned reputation among his peers, supervisors and station command staff. Mayor Magee read and presented the proclamation. Deputy Rayls thanked the City and City Council for the proclamation. He commented that he had worked close with City staff and citizens of Lake Elsinore. He again thanked everyone for the recognition. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Leroy Tucker, 3532 Cherry Blossom Lane, commented on the grand openings of the businesses. He commented that he no longer had to fight the traffic going to Temecula. Joyce Hollandahl, 27 Corte Palazzo, representing the Lake Elsinore Citizens ~ Agenda Item No. ) c;.... page~ of Jl Page 5 - City Council Minutes - January 24, 2006 ".......... Committee, commented that the committee would be holding their first quarterly meeting at 7 p.m, Thursday, January 26th at the Tuscany Hills Recreation Center. She noted that Mayor Magee was the guest speaker. She commended the City's Graffiti Removal Technician. She noted the discussion topics. She noted that the mission of the Lake Elsinore Citizens Committee was to keep residents informed of the progress and prosperity coming to the area. Terry Thielen, 17937 Lakeshore Drive, commented on his property. He indicated that in 1999 he appeared before Council requesting permission to have a garage on his property. He noted that he had received Council approval and went through the Planning process. He indicated that during that time he was relocated overseas for three years and returned in the fall. He indicated that the Planning Commission was not able to find his drawing and he was told that he would need to pay the fee again. He requested approval from the Council to build the garage. He again noted that he did have approval in 1999. Mayor Magee requested that the City Manager provide Council with a written reply to Mr. Thielen's request. ;--- CONSENT CALENDAR ITEMS Mayor Magee indicated that there was a request to speak on Item No. 11; and a request to continue Item No.1; he noted that he would be abstaining from Item No. 4. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR WITH PULLING lA TO BE CONTINUED AND MAYOR MAGEE ABSTAINING ON ITEM NO.4 AND MODIFICATION TO ITEM NO.6 TO READ "$65,000 OR 50% WHICH EVER WAS GREATER" AND ITEM NO. 11 PULLED FOR DISCUSSION. 1. The following Minutes were pulled from the agenda: a. Regular City Council Meeting - December 13,2005. 2. Ratified Warrant List for December 15,2005 and January 17,2006. ".......... Agenda Item NO.~ page50fn Page 6 - City Council Minutes - January 24, 2006 ~ 3. Received and filed Investment Report for September, 2005. 4. Approved Final Map 25477. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. 5. Approved Final Map 32337-1. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. 6. Amended and replaced Condition No.3 as part of the Conditions of Approval. 7. Approved the Engineer's Report. Adopted Resolution No. 2006-06, Intention to Annex into LLMD No.1. Scheduled the public hearing on the District Formation for February 28, 2006. 8. Adopted Resolution No. 2006-07, Intention to Annex property from Annexation Area No. 17 (Summerly) into CFD 2003-1. Scheduled the public hearing on Annexation Area No. 17 (Summerly) for February 28, 2006. ~ 9. Adopted Resolution of Intention 2006-08 to establish CFD 2006-1 (Summerly). Adopted Resolution No. 2006-09 to incur bonded indebtedness. Scheduled the public hearing on the District Formation for February 28, 2006. 10. Adopted Resolution of Intention 2006-10 to establish CFD 2006-1 (La Strada). Adopted Resolution No. 2006-11 to incur bonded indebtedness. Scheduled the public hearing on the District Formation for February 28, 2006. 11. Mid-Year Budget Review and Adjustments. Chris Hyland, Lake Elsinore, commented on speeders in Lake Elsinore. She indicated that she was run off the road by another driver. She quoted comments made by Mayor Magee in the Valley News newspaper. She indicated that she had requested in the past that Council add two additional motorcycle officers. She noted that motorcycle officers did a great job. She commented on the installation of speed cameras. ......., Agenda Item NO.~ page!LofJl Page 7 - City Council Minutes - January 24, 2006 ,,-.... Mayor Magee commented that he had met with Police Chief Fetherolf and discussed additional staffing needs for his department. He further indicated that City staff would be working with the Police staff to incorporate additional staff into next year's budget review. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MID-YEAR BUDGET ADJUSTMENTS AS PRESENTED IN THE STAFF REPORT. PUBLIC HEARINGS 21. Resolution Approving the Annexation of Territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No.8 (La Strada). /'"' Mayor Magee opened the public hearing at 7 :40 p.m. City Manager Brady indicated that Administrative Services Director Pressey would be presenting the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published and proof of publication was on file in the City Clerk's office. Administrative Services Director Pressey gave an in-depth overview of the item. He noted that there was an annual escalator of 2% to cover the cost of inflation and the increase in the cost of electricity. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also inquired if there was anyone that wished to speak at all. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. Mayor Magee closed the public hearing at 7:42 p.m. ,..-. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. Agenda Item NO.~ Page" of-ll Page 8 - City Council Minutes - January 24, 2006 ......" City Clerk Ray tabulated the ballots and announced there was no majority protest. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-12, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. 22. Resolution Approving the Annexation of Territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. I as Annexation Area No.9 (TR 30698 & 32129). Mayor Magee opened the public hearing at 7:43 p.m. City Manager Brady indicated that Administrative Services Director Pressey would be presenting the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in ......, accordance with law and proof of publication was on file in the City Clerk's office. Administrative Services Director Pressey gave an in-depth overview of the item. He noted that the landscape area would be maintained by the HOA. He noted that there was an annual escalator of 2%. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also inquired if there was anyone that wished to speak at all. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. Mayor Magee closed the public hearing at 7:45 p.m. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced there was no majority ......, Agenda Item NO.~ Page <b of JJ.- Page 9 - City Council Minutes - January 24, 2006 ",..-- protest. MOVED BYSCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-13, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. 23. Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); call a Special Election; canvas election results; authorizing levy of Special Taxes for CFD 2003-1 Annexation Area No. 15 (La Strada). ".-.. Mayor Magee opened the public hearing at 7:46 p.m. City Manager Brady indicated that Administrative Services Director Pressey would be presenting the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of publication was on file in the City Clerk's office. Administrative Services Director Pressey gave an in-depth overview of the item. He noted that this was the 15th annexation for new development into the Police, Fire and Paramedic Services CFD. He noted that this special tax covered a portion of the increase cost for public safety in that new development. He noted that there was an annual escalator of 20/0. Councilmember Hickman commented that La Strada would be adjacent to Tuscany Hills. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also inquired if there was anyone that wished to speak at all. ".-.. Mayor Magee inquired if there were any property owners subject to the Agenda Item No. t fA. Page-.9 of II Page 10 - City Council Minutes - January 24, 2006 ....., proposed special taxes who wished to file a written protest. Mayor Magee closed the public hearing at 7:48 p.m. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-14, DETERMINING THE V ALIDITYOF PRIOR PROCEEDINGS. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-15, CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast were in favor of levying the special tax. City Clerk Ray tabulated the ballots and announced two-thirds of the votes cast were in favor of the propositions. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-16, ORDERING '-' CANVASSING OF THE ELECTION RESULTS. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE FIRST READING OF ORDINANCE NO. 1168 BY, TITLE ONLY, AUTHORIZING THE LEVY OF A SPECIAL TAX. ORDINANCE NO. 1168 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ......, Agenda Item No. \ t\. Page bof~ Page 11 - City Council Minutes - January 24, 2006 "....... NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 24. Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); call a Special Election; canvas election results; authorizing levy of Special Taxes for CFD 2003-1 Annexation Area No. 16 (TR 32129). Mayor Magee opened the public hearing at 7:51 p.m. City Manager Brady indicated that Administrative Services Director Pressey would be presenting the item. He requested that the City Attorney announce the notice of the item. /""' City Attorney Leibold announced that the notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of publication was on file in the City Clerk's office. Administrative Services Director Pressey gave an in-depth overview of the item. He noted that the tract would have 27 homes with an annual assessment of $318 per home for a portion of the increase in Police, Fire and Paramedic Services. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also inquired if there was anyone that wished to speak at all. Mayor Magee inquired if there were any property owners subject to the proposed special taxes who wished to file a written protest. Mayor Magee closed the public hearing at 7:53 p.m. /""' MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-17, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. Agenda Item NO.~t... page11- of ~ Page 12 - City Council Minutes - January 24, 2006 ......" MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-18, CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast were in favor of levying the special tax. City Clerk Ray tabulated the ballots and announced two-thirds of the votes cast were in favor of the propositions. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-19, ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE FIRST READING OF ORDINANCE NO. 1169, BY TITLE ONLY, AUTHORIZING THE LEVY OF A SPECIAL TAX. ....", ORDINANCE NO. 1169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS ~ Agenda Item NO.~ Page I J.. of ~ Page 13 - City Council Minutes - January 24, 2006 ~ 31. Second Reading - Ordinance No. 1167 - Construction and Demolition Recycling Ordinance. MOVEDBYBUCKLE~SECONDEDBYKELLEYANDCARIDffiDBYA UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1167. ORDINANCE NO. 1167 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 14.12 TO TITLE 14 OF THE LAKE ELSINORE MUNICIPAL CODE ESTABLISHING A REQUIREMENT TO SUBMIT AND COMPLY WITH A WASTE MANAGEMENT PLAN FOR CERTAIN CONSTRUCTION AND DEMOLITION PROJECTS WITHIN THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: .r' AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Travel Request and Pre authorization for City Delegates to attend Washington, D.C. Appropriation meetings arranged by the Ferguson Group (Washington, D.C. Lobbying Services). Mayor Magee introduced the item and deferred to Information! Communication Manager Dennis. /""'"' Mr. Dennis gave an in-depth overview of the item. He noted that the maximum budget proposed for this travel request of $2,244 would permit the travel of two, not three, representatives. Mr. Dennis indicated that staff Agenda Item No. \ (,... Pagellof~ Page 14 - City Council Minutes - January 24, 2006 ...., recommended that Council consider authorizing travel for up to two representatives rather than three. MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE TRAVEL OF TWO COUNCILMEMBERS AND ONE STAFF MEMBER AND ALLOW THE EXPENDITURE OF UP TO $3,300 ON THE TRAVEL. 33. City Council Committee Appointments. Mayor Magee gave some background on the item. He indicated that it was an annual event. He indicated that he had no request from any of the councilmembers requesting a different assignment. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CURRENT SELECTION FOR CALENDAR YEAR 2006. Councilmember Buckley commented that the City Clerk would mail letters ,...." to the organizations except for the Mosquito District. Mayor Pro Tern Schiffner commented that WRCOG and RCA were no longer affiliated and suggested that Councilmember Buckley be assigned to WRCOG and he be assigned to RCA. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:02 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:04 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Kim Cousins, Lake Elsinore Valley Chamber of Commerce President, commented that there would be a ribbon cutting ceremony at LOWE'S on January 26th, at 9 a.m. and a ribbon cutting ceremony later that day at 6 p.m. for Staples. Mr. Cousins invited everyone to join Assemblyman John Benoit and local representatives at the Lake Elsinore Outlets on February 4th from 1 p.m. to 3 p.m., to sign a petition to have Jessica's Law placed on the June 2006 ballot. He noted '-' Agenda Item NO.~ pagefl of D- Page 15 - City Council Minutes - January 24, 2006 "...-... for more information on Jessica's Law to visit www.JessicasLaw2006.com. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: Jan 28th Feb 4th Compost Workshop Household Hazardous Waste Collection 2) Congratulated Mayor Magee on receiving the Chamber of Commerce Citizen of the Year award. CITY ATTORNEY COMMENTS No comments. ,-... COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Congratulated Mayor Magee on receiving the Chamber of Commerce "Citizen of the Year" award. 2) He inquired on general opening dates of the stores at the LOWE'S and Home Depot shopping centers. Chamber President Kim Cousins commented that LOWE'S and Staples would be as he stated earlier. CITY COUNCIL COMMENTS .,-... Agenda Item NO.~ Page \5 oeD Page 16 - City Council Minutes - January 24, 2006 Councilmember Kelley commented on the following: .-..,., 1) Congratulated Ruth Atkins on her award. 2) Congratulated Mayor Magee on the Chamber of Commerce "Citizen of the Year" award. 3) Congratulated Castle & Cooke on the Chamber of Commerce "Large Business of the Year" award. 4) Congratulated Dolphin Pool & Spa Center on the Chamber of Commerce "Small Business of the Year" award. 5) She commended Mr. Cousins on the Chamber event. Mayor Pro Tem Schiffner commented on the following: """" 1) Congratulated Deputy Jim Rayls for "Officer of the Year". 2) Congratulated Mayor Magee on the Chamber of Commerce "Citizen of the Year" award. Councilmember Hickman commented on the following: 1) 2) 3) Commended Mr. Cousins on the Chamber event. Congratulated Mayor Magee along with the other awardees. He commented that he had received a call from a Mrs. Ethels, who resided on 3 rd Street. Mrs. Ethels wanted to thank City staff and Centex for taking care of her street. Councilmember Buckley commented on the following: 1) Congratulated Ruth Atkins and Mayor Magee on their awards. '-' Agenda Item NO.~ PageJ!2o[ ~ Page 17 - City Council Minutes - January 24, 2006 /"'" Mayor Magee commented on the following: 1 ) Thanked the Chamber of Commerce for an excellent event and the honor for which they had bestowed upon him. He indicated that he was honored to be nominee along with a distinctive group of individuals. He further indicated that he looked forward to the opportunity to earn that nomination again. ADJOURNMENT The Regular City Council Meeting was adjourned at 8:11 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: ,I""'"" FREDERICK RAY, CITY CLERK CITY OF LAKE ELSINORE ,I""'"" Agenda Item No. \ t;. pageOofll /""" MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, FEBRUARY 9, 2006 ****************************************************************** CALL TO ORDER The Special City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE /""" ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos and City Clerk Ray. CLOSED SESSION THE SPECIAL CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE ~- The Pledge of Allegiance was led by Pete Dawson. Agenda Item No. \ b pagel of \L\ Page 2 - Special City Council Meeting Minutes - February 9,2006 INVOCATION - MOMENT OF SILENT PRAYER ......., Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, 'Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos and City Clerk Ray. CLOSED SESSION ..."" a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Subdivision (b) ofGov't Code ~ 54956.9: (1 potential case). b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~ 54956.8): Property: A.P.N. 377-040-023, 024 and 025 Negotiating parties: City of Lake Elsinore and MJP, 76 Inc Under negotiation: price and terms of payment CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items a and b were discussed and there was no reportable action. ......., Agenda Item No. \6 page~Of~ Page 3 - Special City Council Meeting Minutes - February 9, 2006 r- PRESENTATION/CEREMONIALS A. Proclamation - Temescal Canyon High School Varsity Football Team Mayor Magee called Temescal Canyon High School Varsity Football Coach Mike Sands forward to accept the proclamation. Mr. Mason Dool, Defense Coach for Temescal Canyon High Varsity Football Team accepted on behalf of Mike Sands. Mayor Magee read and presented the proclamation to Mr. Dool. Mr. Dool thanked the City for the recognition. B. Proclamation - Lake Elsinore Woman's Club /""'. Mayor Magee called Mrs. Jeannie Corral, Mrs. Dorothy Pippen and Mrs. Ann Marshall forward to accept the proclamation on behalf of the Woman's Club. Mayor Magee read and presented the proclamation to the Woman's Club. Jeannie Corral commented that Ann Marshall was their current President. She also noted some of their upcoming events. She invited the community to their heritage dinner to be held on February 11th. Dorothy Pippen invited the community to attend their events. President Anne Marshall thanked the City Council and the community for the recognition. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Don Biery, 30058 Lake Trail Circle, commented that he had been living in the City for over 1 year and could foresee great potential for city. He indicated that he had previously resided in the City of Tustin and was very active in the community. He indicated that the City needed a landscape program. He commented on the weed abatement program. He expressed his views on landscaping in the community and suggested Council push landscape programs on many levels. He indicated that it was successful in Tustin; and it kept people motivated in the community. He further expressed his concerns for the need of a Parks and Recreation Commission. Ruth Atkins, 15237 Lake Trail Circle, commented on the Downtown Merchants Association. She invited all citizens to the Open Air Market and Certified Farmers Market, on Sunday, February 26th. /""' Pete Dawson, 18010 Grand Avenue, commented that the U.S. Coast Guard Auxiliary would be holding a 4 week Boating Skills & Seamanship class. He noted Agenda Item No. \ b page3 of \ 4 -- Page 4 - Special City Council Meeting Minutes - February 9, 2006 the start date was March 6th; and for interested individuals to contact him at (951) ,...." 202-1584. CONSENT CALENDAR ITEMS Councilmember Buckley pulled Item No.5 for discussion. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. The following Minutes were approved: a. Special City Council Meeting - November 17,2005. b. Joint City Council/Planning Commission Study Session - November 17,2005. 2. Ratified Warrant List for January 31, 2006. 3. Received and filed Investment Report for October 31, 2005. ....." 4. Granted the exception to the Bid Procedures for the purchase of two new Cushman Turf Trucksters for maintenance and operations of the stadium. 6. Granted the exception to the Bid Procedures for the purchase of a Boston Whaler patrol boat for use as a law enforcement vessel on the waters of Lake Elsinore. 7. Granted the exception to the Bid Procedures for the purchase of two generators for use at the City Yard Facility. 8. Rejected the claims listed and directed the City Clerk to send letters informing claimants of this decision. 9. Approved the agreement with Harris & Associates and authorized the City Manager to execute the contract. ,..."", Agenda Item No. \ b page-1- of \~ Page 5 - Special City Council Meeting Minutes - February 9, 2006 ~ Item Pulled from the Consent Calendar 5. Resolution of Intention to establish Community Facilities District No. 2006- 2 (Viscaya) and Resolution of Intention to incur bonded indebtedness. City Manager Brady gave an in-depth overview of the item. He indicated that the applicant requested to increase the amount from $7 million to $7.5 million. He noted that the City's financial team was recommending approval. MOVED BY BUCKLEY AND SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE RESOLUTION OF INTENTION WITH THE MODIFICATION OF $7,000,000 TO $7,500,000. PUBLIC HEARINGS ".-- 21. Resolution declaring weeds, rubbish, refuse and dirt a nuisance; property owners to be notified. Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave a brief overview of the item and deferred to Community Services Director Sapp. Mayor Magee opened the public hearing at 7:15 p.m. Community Services Director Sapp gave an in-depth overview of the item. He indicated that the City had prepared notices to be mailed to property owners requesting that they abate their lots of all weeds, rubbish and refuge, and trim trees. He indicated that the notices were set to be mailed next week. He indicated that there would be approximately 9,000 notices mailed. He indicated that the notices were being mailed by first class mail instead of bulk mail. He commented that the City abated and estimated 450 private lots. ,- Councilmember Kelley commented that last year some lots were impossible to abate because of the depth of the slopes and inquired if those lots were Agenda Item No. \ b pagefi of ~ Page 6 - Special City Council Meeting Minutes- February 9, 2006 removed from the mailing list. Mr. Sapp indicated that there were no exemptions from the program. He indicated that based on the guidelines, if """" the slope was more than 45 degrees the property owner was only asked to do 30-foot wide path around the property owner's lot. Mayor Pro Tern Schiffner commented that last year property owners could not locate their property. Mr. Sapp commented that City maps had been updated. He indicated that staff would help property owners locate their property . Councilmember Hickman inquired if the property owners could use Roundup on some of their lots. Mr. Sapp noted that they still would need to lower their vegetation to a height of less than 3 inches. He noted that the property owners had to comply with AQMD rule 403 regarding dust control. City Manager Brady noted that staffhad worked on the notice to help clarify and help improve the communication of what the weed abatement requirements were. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-22 AND ...., DIRECT STAFF TO BEGIN THE ABATEMENT PROCESS FOR 2006. Mayor Magee closed the public hearing at 7:20 p.m. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1168 - Authorizing the levy of a Special Tax. City Attorney Leibold noted that Item No. 31 and 32 had been continued to the next regularly scheduled Council meeting. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE SECOND READING OF ORDINANCE NO. 1168. 32. Second Reading - Ordinance No. 1169 - Authorizing the levy of a Special Tax. ...., Agenda Item No. li;) pageUorJ::l Page 7 - Special City Council Meeting Minutes - February 9, 2006 ,..--, MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE SECOND READING OF ORDINANCE NO. 1169. 33. Commercial Design Review No. 2005-07 - Carl's Jr. Mayor Magee introduced the item and deferred to Community Development Director Preisendanz who gave in-depth overview of the item. He commented that the Planning Commission had heard the item on January 17th and recommended approval to the City Council. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-23, APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-07. GENERAL 1. The applicant shall defend (with counsel accep.table to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, or /""' proceeding against the City, its Official, Officers, Employees, Contract Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project located on Pad "7" of Planning Area 3, of the Canyon Hills Market Place, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PLANNING DIVISION 2. Conditional Use Permit No. 2005-16 and Commercial Design Review No. 2005-07 approval for a "drive through" restaurant will lapse and be void unless a building permit is issued within one (1) year of the approval date. 3. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Canyon Hills Specific Plan and Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 4. All site improvements shall be constructed as indicated on the approved building elevations and site plan for the "drive through" restaurant. ,--. Agenda Item No. \ b page~ Of~ Page 8 - Special City Council Meeting Minutes - February 9, 2006 5. Future construction shall be consistent with these Conditions of Approval, those conditions ......, approved with Canyon Hills Market Place, Planning Areas 3 and 4, and those provisions and requirements contained in the Canyon Hills Specific Plan and Municipal Code, subject to approval by the Community Development Director or designee. 6. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 7. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 8. The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant shall obtain a street address prior to issuance of building permit. . 9. 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 techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 10. The applicant shall comply with all applicable City Codes and Ordinances. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. ......, 12. A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailer(s), subject to the approval of the Community Development Director or designee. 13. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 14. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 15. The design and construction of the project shall meet all County Fire Department standards for fire protection. 16. All mechanical and electrical equipment for the building shall be architecturally screened. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permit. ...., Agenda Item NO.~ page~Of \y Page 9 - Special City Council Meeting Minutes - February 9,2006 ~ 17. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. 18. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 19. All building signage shall comply with the Sign Program submitted to the Planning Division. 20. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 22. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 23. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 24. No exterior roof ladders shall be permitted. ,,---. 25. All service and loading doors shall be painted to match the building. 26. On-site surface drainage shall not cross sidewalks. 27. Comply with the Mitigation Monitoring Program that was prepared for the 2003 Addendum to the 1989 Final Canyon Hills Specific Plan EIR. 28. lbree (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. 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) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at least twenty-four-inch (24") box in SIze. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. ---, Agenda Item No. \b Page q of--B. Page 10 - Special City Council Meeting Minutes - February 9, 2006 d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). ....." e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. t) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 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 ~andscape improvements shall be bonded 100% for material and labor for two years 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 Community Development Director 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. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. ....." j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 29. The applicant shall provide a landscaping hedge row of acceptable materials and spacing subject to the review and approval by the Community Development Director or designee. 30. Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records 31. The Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. 32. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 33. The applicant shall pay all appropriate City fees. ENGINEERING DIVISION ....." Agenda Item NO.J.l::z Page \0 of J1 Page 11 - Special City Council Meeting Minutes - February 9, 2006 "..---. 34. Comply with underlying Conditions of Approval. 35. Trash enclosure shall be situated such that trucks attempting to empty the bins do not block main drive isles. 36. Access routes from Rail Road Canyon Road to the restaurant shall be constructed prior to occupancy. 37. Provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. 38. Stacking for drive-through traffic on any pad shall not obstruct drive aisle circulation. 39. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 40. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. "..--- 41. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1'2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 42. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 43. Applicant shall submit a traffic control plan showing all traffic control devices for the project. All traffic control devices shall be installed prior to final inspection of public improvements. 44. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 45. Provide soils, geology and seismic report unless otherwise provided. 46. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. "..--- Agenda Item NO.jb pagelL of ~ Page 12 - Special City Council Meeting Minutes - February 9, 2006 47. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. '-' 48. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 49. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 50. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. In accordance with the City's Franchise Agreement for waste disposal and 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. THE SPECIAL CITY COUNCIL MEETING WAS RECESSED AT 8:39 P.M. '-' THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 7:26 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES John Treese, 32420 Cape Cod, commented on the motocross track. He commented that he was aware that it was only in the planning stages at this time. He indicated that the proposed site was published in the local newspaper. He expressed his concerns of the location and noted his neighbors felt the same about the proposed site. He indicated that the proposed site was too close to the houses. He stressed that it was not fair to him and his neighbors. He noted that they were not against a recreational area. CITY MANAGER COMMENTS 1) Announced the following upcoming events: F eb 26th Mar 4th Open Air/ Farmers Market Household Hazardous Waste Collection '-' Agenda Item No. \b Page!hf -.tl Page 13 - Special City Council Meeting Minutes - February 9, 2006 ,.-. Mar 4th Mar 4th Lake Elsinore Girls Softball opening day Lake Elsinore Little League opening day 2) He noted that there was a City Council Study Session scheduled for February 23rd at 4:30 p.m. regarding the branding; and the Policy Study Session was scheduled for March 23rd at 4:30 p.m. He indicated that the regularly scheduled City Council meeting for February 14th had been cancelled. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS ,.-. Not in attendance. CITY COUNCIL COMMENTS Councilmember Kelley had no comments. Mayor Pro Tem Schiffner commented on the following: 1) Suggested that residents researched the facts more carefully from the developer that would be providing a space for the motocross. Councilmember Hickman commented on the following: 1) Thanked the Lake Elsinore Chamber of Commerce and Assemblyman John Benoit for the circulation of petitions for Jessica's Law. He noted that if anyone had questions to contact the Chamber at (951) 245-8848. He encouraged everyone to sign the petition. 2) The Senior Center was doing income taxes at no cost. Encourage the community to schedule an appointment. ",-. Agenda Item No. \0 Page~of -B Page 14 - Special City Council Meeting Minutes - February 9, 2006 3) Confirmed that Chili's would be opening on February 20th. He reminded everyone ofYalentine's Day '-' Councilmember Buckley had no comments. Mayor Magee commented on the following: 1) The Elsinore Grand Prix Committee meeting was held a couple of weeks ago. He noted that staffwas working on a mailing list, so staff could contact everyone that attended the meeting to inform them of the next meeting. 2) He was approached by a member of the Lake Elsinore School Board to setup a committee between the School District and the City. He indicated it would be two members of the City Council and two members of the School Board. 3) He thanked Councilmember Buckley for his work on the Northwest Mosquito and Yector Control District. He indicated that there had been some issues in the Serenity area; and as the City's representative, Councilmember Buckley took the lead; and do to his efforts there would be increased landscaping additional treatments and enhancements that would beautify the area. '-' The Special City Council Meeting was adjourned at 7:33 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: FREDERICK RAY, CITY CLERK CITY OF LAKE ELSINORE ....., Agenda Item No. \ b pageJ!::\of \'-\ ,,-.... MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, FEBRUARY 23, 2006 ************************************************************* CALL TO ORDER Mayor Magee called the Study Session to order at 4:30 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ~ ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Mann, Information/Communications Manager Dennis, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Community Development Director Preisendanz and City Clerk Ray. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Magee. PUBLIC COMMENTS No comments. DISCUSSION ITEM ~ Agenda Item No. \ C- page~of--.i Page Two - Study Session Minutes - February 23, 2006 ...., a. Branding Advisory Panel Update. City Manager Brady gave a brief overview of the Item and deferred to Information/Communications Manager Dennis. Information/Communications Manager Dennis gave an in-depth overview of the Item and deferred to Mr. Bloomfield. George Bloomfield, Bloomfield Group, gave an introduction and background of the Branding Advisory Panel that included members of the community. Kim Cousins, Branding Advisory Panel, introduced himself and the members of the panel. He noted that Michael O'Neal was also part of the panel but was not present. Mr. Cousins thanked the panel for their time and diligent efforts toward the program. ......., Mr. Bloomfield noted the steps that were taken to protect the client in regard to copywriting fringes. Mr. Bloomfield noted the general considerations of Lake Elsinore taken into account with respect to lifestyle and physical aspects of the City. Mr. Bloomfield noted that local history was also taken into consideration. Mr. Bloomfield noted that part of their thought process was to include an "E" or an initial for the City as part of the graphic. He further noted that there was also thought given to an icon or visual graphic that would represent the City without the name Lake Elsinore or any other reading components. Mr. Bloomfield stated that it was their feeling that the final brand should be bold, fresh but timeless, provide a platform for centralized branding and ......., Agenda Item No. \ c- pageLOf-.! ",- Page Three - Study Session Minutes - February 23, 2006 offer an association of a wide variety of uses; as well as be clear and easy to reproduce. Mr. Bloomfield noted that the slogan should communicate a compelling feeling or story. Mr. Bloomfield noted that the City seal had been mentioned in terms of consideration for development. He indicated that it would be retained in certain limited usage that would be primarily for official business purposes. Mr. Bloomfield gave an overview of the current images that were being used for the City. Mr. Bloomfield stated that monuments were somewhat drab and usually consisted of deteriorating materials. He noted that monuments tend to convey a cold or institutional impression. ,"'-'" Mr. Bloomfield noted that there were various versions and colors being used for street, park and facility signs. Mr. Bloomfield proposed a new logo and slogan for the City. Mr. Bloomfield noted that the new logo could be printed on color-matched stickers to put over street signs and other items displaying the City's logo. Mr. Bloomfield noted that a lot of time was spent on coming up with a slogan. He further noted that "Dream Extreme" was the slogan that they had been talking about and working on. He stated that it was felt that it represented the City well due to the sports and businesses brought to the City. Ken Vinson, Branding Advisory Panel, noted that he was a part of Castle & Cooke and stated that it had been a pleasure to be part of the Branding Advisory Panel. He stated the reasons why he liked the slogan "Dream Extreme". He noted that the word "Dream" meant opportunity for ,"'-' individuals and "Extreme" meant not limit your dreams. Agenda Item No. \ C. pageLOf~ Page Four - Study Session Minutes - February 23, 2006 "'-'" Chris Jones, Branding Advisory Panel, noted what the slogan meant to him. He indicated that he and his family had just purchased their first home in the City. He noted that being able to buy a home in Southern California was unrealistic until he moved to Lake Elsinore. He noted that it was an extreme dream of his to own his own home. He noted that the logo was cutting edge. He noted that he enjoyed being a part of the panel. Cindy Hewison, Branding Advisory Panel, noted that she enjoyed working on the panel. She noted that there was a possibility, years from now, that people would recognize that the "E" in the logo would stand for Lake Elsinore as compared to the swoosh sign for Nike. Mr. Bloomfield presented other options and ideas. He noted that many fonts and shapes were reviewed. He noted that the goal with the logo was to provide something that suggested motion, energy, water and air. He presented 4 different container shapes for the logo. Mr. Bloomfield presented the proposed logo on clothing, hats and key chains. "'-'" Mr. Bloomfield noted that if it was determined that he and the Branding Advisory Panel were on the right course he would make minor refinements as needed, create the CISG manual, develop final art files for initial applications and proposed immediate uses. Mr. Bloomfield noted that his proposed implementation in the next 6 months would be to create a corporate package, letterhead, business cards, newsletter masthead, brochure templates, preliminary marketing materials, tradeshow exhibit and collateral, illuminated street signs, park signs and City vehicles. He proposed to implement street signs in the next 9 months. He further proposed to implement a new interactive City website in the next year. Lastly, he proposed marquees, freeway and major retail center signage in the next 2 years. Mr. Bloomfield noted that he was finished with his presentation and welcomed Council to express their comments. "'-'" Agenda Item No. \ c... page~Of~ r- Page Five - Study Session Minutes - February 23, 2006 Councilmember Hickman stated that he liked the presentation and the slogan. He noted that all of his questions were answered with the presentation. Councilmember Kelley stated that she liked the slogan. She noted that she felt strongly that the logo should display a "L" and an "E" because the City's name is Lake Elsinore. She requested samples of logos with "LE" in it. Mr. Bloomfield noted that the "LE" logo was problematic. He noted that "E" was the primary component of the name for Lake Elsinore. He noted that the "E" separated the City from other cities with lakes such as Lake Perris and Lake Tahoe. Allison Norkin, Branding Advisory Panel, noted the reasons why she felt the "E" worked better alone. ,- Councilmember Kelley inquired if there were other samples of the logo that the Branding Advisory Panel got a chance to review. Mr. Cousins noted that they reviewed various versions of the logo. Ms. Norkin noted that they reviewed different emblems. Councilmember Kelley noted that she liked the mountain and the water representation used in the logo. Mayor Pro Tern Schiffner stated that he agreed with Councilmember Kelley in respect to the City being referred to as Lake Elsinore. He noted that he understood the difficulty with the "LE". He commented that he liked what he had seen. Councilmember Buckley stated that the container with the shoulders around the "E" logo worked better. He noted the tear in the "x" of the slogan Dream Extreme. r- Agenda Item No. \c.. Page~Of <( Page Six - Study Session Minutes - February 23, 2006 ......", Mr. Bloomfield indicated that the tear in the "x" was to emphasize the extreme component. Councilmember Buckley inquired if the tear took away from the sleekness of the entire slogan. Mayor Magee thanked the panel and Information/Communications Manager Dennis for their time and involvement. He stated that the logo was nice and commented that it reflected the time and effort put into the work. He commented that placing stickers of the logo on the street signs was a good idea. He noted that the Council needed a budget plan for the project. He stated that he trusted the panel with whatever the final logo turned out to be. He noted that there were Councilmembers who had opinions on things that he thought could be incorporated. He requested that the item be brought back formally for the 2nd meeting in March for approval and adoption to move forward. He indicated that he looked for concurrence from the Council. He requested that the Councilmembers who had ideas or opinions on the logo convey their thoughts to the panel. He indicated that he would ......", be fine with however that ended up. He noted that he felt the product was gorgeous and he was thrilled with what had been presented. Councilmember Buckley requested clarification if Council would be taking a vote at the March 28th meeting to adopt a plan for phase 1, along with CISG and a budget plan. Mayor Magee requested clarification on what CISG stood for. Councilmember Buckley indicated that CISG stood for Corporate Identity Standards Guide. Mr. Cousins noted that any branding needed to be clear and concise. He stated that a simple solution for the park signs would be to take them down. He noted that they were trying to look at solutions for implementation that included a smart approach to getting the branding on City vehicles and billboards. Agenda Item No. \ c.... Page~of-=L ......", r- Page Seven - Study Session Minutes - February 23, 2006 Mayor Pro Tern Schiffner noted that he liked the representation of the mountains and the water on the logo. Councilmember Buckley suggested putting the logo on the back of the City trucks to make people more familiar. Councilmember Buckley suggested that Information/Communications Manager Dennis and City Attorney Mann workout the trademark issue. Information/Communications Manager Dennis noted that early approval to adopt the concept would allow for them to take the steps necessary to protect the rights of the images. ,,--.. Mayor Magee requested that staff and the Branding Advisory Panel submit the complete logo package (including the trademark issues), the timing and implementation schedule (including the steps, dates, times, etc.) and a budget for the March 28, 2006 City Council Meeting. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 5:37 P.M. ROBERTE.MAGEE,MAYOR CITY OF LAKE ELSINORE Respectfully submitted, MICHELLE SOTO, DEPUTY CITY CLERK ,--. Agenda Item No. \ C. page~ofi Page Eight - Study Session Minutes - February 23, 2006 ATTEST: FREDERICK RAY, CITY CLERK '"-'" '"-'" '"-'" Agenda Item No. \c..- PageiOf~ ,,-.. MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 28, 2006 ************************************************************* CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ,,-.. ABSENT: COUNCILMEMBERS: BUCKLEY (Councilmember Buckley arrived at 4:05 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Information/Communications Manager Dennis, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Community Development Director Preisendanz, City Engineer Seumalo, Recreation/Tourism Manager Fazzio, Public Works Manager Payne, City Treasurer Weber and Deputy City Clerk Soto. DISCUSSION ITEMS Mayor Magee gave an overview of the presentations; and confirmed that the awardees would be present at the 7:00 p.m. meeting. ,,-.. Agenda Item No. \ d PagelOf~ Page Two - Study Session Minutes - February 28, 2006 ~ PUBLIC COMMENTS Bill Tiitto, 32296 Machado Street, inquired what the practice was for putting attachments regarding claims in the minutes. Mayor Magee noted that he would be available to speak to Mr. Tiitto after the study session to discuss his concern. Mr. Tiitto inquired about the process for claims. He further inquired why the claim he submitted was denied. Mayor Magee stated that the City Clerk's office would be able to assist Mr. Tiitto with his concerns regarding the process for claims and to provide him with any paperwork that was on file regarding his claim and why it was denied. CONSENT CALENDAR ,...., 1. Minutes. No comments. 2. Warrant List - February 15, 2006. Councilmember Hickman requested clarification of various checks issued on the warrant list. Staff clarified the items. 3. Claims against the City. City Attorney Leibold stated that the City's protocol in connection with any claim filed is sent to the City's Claim Administrator, Carl Warren, who will evaluate the claim and make a recommendation. She noted that the City Clerk follows after Council acts on the Carl Warren recommendation. Councilmember Hickman inquired on the exact location of the address listed on the claim for Riverside Drive. Agenda Item No. \ d pagelOf~ ~ ~ Page Three - Study Session Minutes - February 28,2006 Mayor Magee indicated that the location was near Sears Lumber. Councilmember Buckley inquired if Code Enforcement did consent for the semi-truck to have permission to park where it did. City Attorney Leibold indicated that would be a part of the investigation. She noted that she had not had any involvement in the claim. Mayor Magee inquired if parking regulations would be within the jurisdiction of the California Highway Patrol for SR-74. City Attorney Leibold confirmed. Councilmember Buckley inquired if the proper noticing procedure was followed for the claim regarding Mrs. Fairchild. ".-.. City Attorney Leibold confirmed that proper noticing procedures had been followed. 4. Korn Memorial Scholarship Program Changes. Councilmember Buckley inquired how the City foundation was coming along. City Attorney Leibold indicated that there had been a long chronology of correspondence. She noted that she and Administrative Services Director Pressey could provide an update on the matter. 5. Foreclosure Legal Services Agreement. City Treasurer Weber inquiredifthe City has had to foreclose on any properties within the past 10-15 years. Administrative Services Director Pressey stated that he would need to research the item to get confirmation. ~ Agenda Item No. \ J page~Of \3 Page Four - Study Session Minutes - February 28, 2006 ...., City Attorney Leibold stated that she did not believe it had been as long as 10- 15 years since the City foreclosed on any properties. City Manager Brady recommended that the Item be pulled from the agenda due to the fact that the individual that the City would be dealing with had changed firms. He recommended that the Item be tabled. He noted that it would be brought back to Council with a revised agreement. 6. Amended Agreement for the Axial Flow Pump Destratification System. Councilmember Hickman inquired if the City would ever see their money back if they increased the expenditure on the Item. Lake & Aquatic Resources Director Kilroy stated that the Item was fully reimbursable by LESJW A. Mayor Magee inquired who the Technical Advisory Committee was made up of....., Lake & Aquatic Resources Director Kilroy indicated that the Committee was made up of appointees from all the agencies who were members ofLESJW A, County of Riverside, County Flood Control District, EVMWD and the City of Canyon Lake. 7. Bid award - Fabrication of draft tubes. Councilmember Hickman inquired how much water the draft tubes could move. Lake & Aquatic Resources Director Kilroy indicated that the draft tubes moved 28,000 gallons of water per minute. Councilmember Hickman inquired if there was a concern with the water level getting too low to support the tubes. He further inquired what the lowest level of the lake could be in order for the tubes to work efficiently. Agenda Item No. \~ ...., pagelOf---.i1> --- Page Five - Study Session Minutes - February 28, 2006 Lake & Aquatic Resources Director Kilroy indicated that until the tubes were tested, there would be no way to know for sure. 8. Contract renewal- Executive Event Services. Councilmember Hickman inquired if the Storm Stadium was happy with the company. Community Services Director Sapp confirmed that they were happy. Mayor Magee noted that the price was extremely reasonable. 9. Sale of Remnant Property - A.P.N. 363-200-001. No comments. r' 10. Request for no parking on Canyon Estates Drive between Summerhill Drive and Franklin Street. Councilmember Hickman inquired where the bank employees would park. Mayor Magee asked staff to draft a letter to Washington Mutual to advise them, if the Item should pass, that the no parking would be in effect and encourage them to request that their employees park in the designated parking lot provided for the structure and not in the adjacent neighborhoods. 11. Professional Services Contracts for Building Inspectors and Plans Examiners. No comments. 12. Agreement with Bureau Veritas (Berryman & Hennigar to provide on-call professional Engineering Services). No comments. /'"' Agenda Item No. \ d PageLOf \3 Page Six - Study Session Minutes - February 28,2006 ~ 13. Construction Contract Award for Machado Street between Lincoln Street and Grand Avenue. Bill Tiitto, 32296 Machado Street, inquired if there was a decision made to put a crosswalk or traffic sign on Machado Street where the new housing development was. Mayor Magee stated that the City Engineer indicated that there was not a stop sign or crosswalk proposed with the plan. Mr. Tiitto inquired if there would ever be a crosswalk. City Engineer Seumalo indicated that staff was not in support of a crosswalk at that time due to lack of traffic control in that area. Mayor Magee inquired if the County supported that idea. City Engineer Seumalo confirmed. ~ Councilmember Hickman indicated that the High School had a road that emptied out on Machado. He inquired if there were a lot of kids that traveled in that area. City Engineer Seumalo indicated that he did not have any information on that. He stated that he would look into the matter. Mayor Magee stated that matter might be something that could be coordinated with the school district to control the intersection with their crossing guards. Mr. Tiitto inquired if the speed limit could be reduced to 35 mph. City Engineer Seumalo indicated that traffic speed studies were currently underway. He noted that he would know more about the speed limit once they were completed. He noted that the anticipated completion time was in May. Agenda Item No. \ c\ ~ Page~Of~ /'"' Page Seven - Study Session Minutes - February 28, 2006 Mr. Tiitto noted that there was a telephone pole in the roadway on Machado Street that had not been moved. He inquired if the pole would be moved before the area was paved or after. Mayor Magee noted that Edison was behind on their construction. He noted that the City would continue to coordinate with them as best they could. Mr. Tiitto noted that the gas company sprayed some markings on the roadway. He inquired if there was work to be done. City Engineer Seumalo indicated that he had spoken to Mr. Solomon, project manager, on the overlay project. He noted that they had been coordinating with all the utility companies. He noted that they had contacted the gas company who indicated that they had a repair on Machado Street that would be completed prior to the City's paving. He noted that Verizon was also working in that area, who did call a utility company to do all the utility /"'"'. markings. Councilmember Hickman inquired when the City would get money back from the County since the County was working with the City on that Item. Mr. Tiitto inquired when paving would be started. Mayor Magee stated that he did not have a definite answer. He noted that the Item was in the budget and the City was awarding the contract. Mayor Magee inquired when the Item would be agendized for the Board of Supervisors. City Engineer Seumalo indicated that he anticipated the Item to be agendized for March ih or March 14th. Mayor Magee inquired if it was anticipated to have the project completed by the summer. ",-. Agenda Item No. \ c\ pagelOf \3 Page Eight - Study Session Minutes - February 28, 2006 ......" City Engineer Seumalo indicated that the start date for the project was March 6th and it was anticipated to have the project completed by the summer. 14. Donation Agreement, La Strada Partners, LLC. No comments. PUBLIC HEARINGS 21. Resolution approving the annexation of Territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No.1 0 (Summerly) pursuant to the Landscaping and Lighting Act of 1972. Councilmember Buckley inquired if the district boundaries would include the school district site. Administrative Services Director Pressey indicated that the school district site '-' would be exempt from the tax. He noted that it would be the same thing for the LLMD and Facility CFD. Councilmember Buckley inquired why the maps for Item Nos. 21 & 22 had different boundaries. Administrative Services Director Pressey indicated that the northwest boundary lines looked different but everything else had looked the same. Councilmember Buckley indicated that his concern was not with the northwest boundary lines but with the maps for Item Nos. 21 & 22 including the parks and school site inside the boundary line. He noted that the map for Item No. 23 showed that the parks and school site were exempt. Administrative Services Director Pressey referred to the vicinity map on page 4 of 157 for Item No. 23 that identified the improvement areas which excluded the school site. He noted that Dennis Anderson from Harris and Associates Agenda Item No. Page~Of~ \~ ....., r-- Page Nine - Study Session Minutes - February 28,2006 would be present at the 7 p.m. meeting. He noted that he would discuss the interior lines with him. Mayor Magee stated that he thought the point that Councilmember Buckley was trying to get across was that the maps for Item Nos. 21 & 22 were misleading. He noted that it would be more appropriate to have the map in Item No. 23 be inserted into Item Nos. 21 & 22 for the sake of consistency and accuracy. Administrative Services Director Pressey indicated that he would bring the question to Dennis Anderson to discuss. He noted that there were reasons why the boundaries were different, he noted that Mr. Anderson would be able to explain why. Councilmember Buckley inquired if the fees would have to be recalculated if the boundaries were different. r-- Administrative Services Director Pressey stated that it was his belief that he would need to start all over since the maps had been recorded with the County. Mayor Pro Tem Schiffner stated that he would like further explanation on the items and the boundaries pertaining to the maps. City Treasurer Weber stated that he noticed the amounts seemed to keep going up. He inquired for the reason behind the increase. Administrative Services Director Pressey indicated that it was the third year of the Police, Fire and Paramedic CFD since it was adopted in June of2003. Mayor Magee stated that Item Nos. 21, 22 & 23 had been rolled together and inquired if there were any further questions. 22. Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2003- 1 (Law Enforcement, Fire and Paramedic Services); Call a Special Election; canvas election results; authorizing levy of Special Taxes for CFD 2003-1, .- Annexation Area No. 17 (Summerly). Agenda Item No. \ d page~Of \ 3 Page Ten - Study Session Minutes - February 28, 2006 ~ No comments. 23. Formation ofCFD 2006-1 (Summerly); call a Special Election; canvas election results; authorizing levy of Special Taxes. Councilmember Hickman inquired about page 87 and the estimated total cost of $94 million. He noted that page 88 stated that the authorization was $85 million, and inquired why the estimated cost showed $94 million. Administrative Services Director Pressey indicated that was correct. He noted that page 87 was a list of total eligible facilities. He noted page 88 showed that public facilities exceeded what they were getting in bonds. 24. Formation ofCFD 2006-3 (La Strada). Mayor Magee noted that there was a request to continue the Item to the March 28th meeting. .....", 25. Mitigated Negative Declaration No. 2005-05, Zone Change No. 2005-02, and Tentative Tract Map No. 33486. Mayor Magee stated that he was impressed with the developer's creativity in an infill situation. He noted that they were creating lot sizes from 7,200 to 12,000 square feet, with an average lot size of9,500 square feet. He noted that they seemed to be working with staff very well. He urged the applicant to please obey the construction hours of operation. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1168 - Authorizing the levy of a Special Tax. No comments. 32. Second Reading - Ordinance No. 1169 - Authorizing the levy of a Special Tax. No comments. Agenda Item No. \~ "" Page \ 0 Of \.~ /""' Page Eleven - Study Session Minutes - February 28, 2006 33. Adoption of Ordinance Prohibiting Medical Marijuana Dispensaries in the City of Lake Elsinore. Mayor Magee stated that there would be speakers on the Item at the 7 p.m. meeting. He inquired if the Police Chief would be present. City Manager Brady indicated that the Police Chief would be present. City Attorney Leibold indicated that it was the intent of the Ordinance to exercise the City's land use and zoning authority and not to regulate or infringe on the compassionate use of the medical marijuana program adopted by State Law. She noted that it was not the intention of the Ordinance to prohibit the use of medical marijuana by qualified patients or the cultivation and possession of marijuana by primary care givers consistent with the State Law parameters. She noted that she may recommend the addition of one sentence to clarify that it was not the intent of the chapter for the Lake Elsinore Municipal Code to be interpreted or enforced ina manner that was inconsistent with applicable State Law. ~ Councilmember Buckley inquired if the Item had gone before the Public Safety Advisory Commission. City Manager Brady indicated that the Item had not gone before the PSAC. Councilmember Buckley stated the Item should have been brought before the PSAC for their review. 34. Industrial Design Review No. 2004-04. Councilmember Kelley noted that she was concerned with the outdoor storage of the towed vehicles and the size of the walls. She inquired how the vehicles would be stored and if they would be visible from the outside. Community Development Director Preisendanz indicated that as a part of the applicant's Conditional Use Permit, the towed vehicles were required to be out of sight. He noted that it was the intent of the walls to conceal the towed /""' Agenda Item No. pageJL Of \'~ \d Page Twelve - Study Session Minutes - February 28, 2006 ~ vehicles. He further noted that the applicant was not allowed to stack vehicles above the height of the wall. Councilmember Buckley stated that he liked the building. He inquired if a large tree could be put in on the east elevation that faces the street. Community Development Director Preisendanz indicated that a tree could be placed there. Mayor Magee stated that the applicant was going the extra mile and that the project was an exceptional building design. He noted that the applicant had been in town for quite some time and they were a good company to have. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Minutes. ,.....", a. Joint City Council/Redevelopment Agency Study Session - January 24, 2006. No comments. 2. Warrant List - February 15, 2006. No comments. 3. Investment Reports - September 2005. October 2005. November 2005. December 2005. No comments. ,.....", Agenda Item No. pageKOf rS \d r-- Page Thirteen - Study Session Minutes - February 28, 2006 BUSINESS ITEMS 4. Industrial Design Review No. 2004-04. No comments. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 4:59 P.M. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE r-- GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY Respectfully submitted, MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERICK RAY, CITY CLERK r-- Agenda Item No. \ a Page \'3 Of \ .~ MARCH 15, 2006 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND# FUND DESCRIPTION TOTAL ,.-- 100 GENERAL FUND $ 1,458,753.73 105 MISCELLANEOUS GENERAL PROJECT FUND 20,116.66 112 TRANSPORTATION/MEASURE A FUND 109,619.01 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 55,104.63 135 L.L.M.D. NO.1 FUND 177 .45 150 C.D.B.G. FUND 135.72 201 STREET C.I.P FUND 4.64 204 SIGNAL C.I.P. FUND 26,000.73 205 TRAFFIC IMPACT FEE FUND 1,708.16 254 89-1 RAILROAD CANYON IMPROVEMENT FUND 12,159.34 351 AD. 87-2 DEBT SERVICE FUND 11.00 352 AD. 86-1 DEBT SERVICE FUND 5,405.44 353 A.D. 89-1 DEBT SERVICE FUND 14.00 356 AD. 90-1A DEBT SERVICE FUND 3,497.42 357 C.F.D. 2003-02 DEBT SERVICE FUND 1,340.00 359 C.F.D. 90-3 DEBT SERVICE FUND 30.00 360 AD. 93-1 DEBT SERVICE FUND 1,383.00 362 C.F.D. 95-1 (1996-E) DEBT SERVICE FUND 12.00 363 C.F.D. 88-3 (III 1997-A} DEBT SERVICE FUND 1,429.00 364 C.F.D. 88-3 (III 1997-B} DEBT SERVICE FUND 632.51 365 C.F.D. 98-1 SUMMERHILL DEBT SERVICE FUND 2,036.07 366 C.F.D. 2005-6 CITY CENTER DEBT SERVICE FUND 1,806.00 367 C.F.D. 2006-1 SUMMERL Y/LAING DEBT SERVI.cE FUND 56.70 369 C.F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND 163.03 .,.,..... 372 C.F.D. 2005-2 ALBERHILL RANCH DEBT SERVICE FUND 6,785.10 373 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND 2,339.40 374 C.F.D. 2005-4 LAKE VIEW VILLAS DEBT SERVICE FUND 2,317.35 376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND 56.70 604 ENDOWMENT TRUST FUND 500.00 608 TRUST DEPOSIT AND PRE-PAID EXPENSE FUND 1,932.79 620 COST RECOVERY SYSTEM 43,826.80 650 C.F.D.2003-1 LAW & FIRE SERVICE FUND 1,372.89 GRAND TOTAL $ 1,760,727.27 ",..--. 3/20/2006 Warrant 031506 1 of 1 AGENDA ITEM NO. PAGE / OF ;2. .5 MARCH 15, 2006 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME 84921 RIVERSIDE COUNTY RECORDER 85922 DEPUTY DAVID SCHELL 84939 DEPUTY ROBERT MACRAE 84940 DEPUTY KATHLEEN PERRY 84943 CALIFORNIA P.E.R.S. 84944 CALIFORNIA P.E.R.S. 84945 CAPIO 84946 MPB, INC. 84947 SECRETARY OF STATE 84948 ASSURANT EMPLOYEE BENEFITS 84949 V.S.P. VISION SERVICE PLAN 84951 ICMA RETIREMENT TRUST 84952 CALIFORNIA P.E.R.S. 85062 AL TURA CREDIT UNION 85064 VOID 85065-85066 A & A JANITORIAL SERVICE 85067 ACTION PARK ALLIANCE, INC. 85068 ACTIVE MOTORSPORTS 85069 ALBERT WEBB & ASSOCIATES 85070 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 85071 AMERICAN FENCE COMPANY, INC. 85012 AMERICAN PLANNING ASSOCIATION 85073 ASCAP 85074 ERICA ANDERSEN 85075 ANIMAL FRIENDS OF THE VALLEY 85076 APPLE ONE EMPLOYMENT SERVICES 85077 BANK OF AMERICA, CITY MANAGER OFFICE & COMMUNITY DEVELOPMENT DEPT. 85078 BANK OF AMERICA, FIRE STATION #85 85079 BANK OF AMERICA, FIRE STATION #10 85080 BANK OF AMERICA, FIRE STATION #94 85081 BANK OF AMERICA, LAKE & AQUATIC RESOURCES DEPARTMENT 85082 BANK OF AMERICA, COMMUNITY SERVICES DEPARTMENT 85083 BERRYMAN & HENIGAR, INC. 85084 BIO-TOX LABORATORIES 85085 CYNTHIA BLOOD-WILSON 85086 BUNDY CANYON TURF SUPPLY 85087 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT 85088 CALIFORNIA BUILDING OFFICIALS 85089 CALIFORNIA CHAPTER FBINAA 85090 CALIFORNIA P .E.R.S. 85091 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE 85092 JOSE CARRILLO 85093 CASA MUNRAS HOTEL 85094 CASA MUNRAS HOTEL 85095 CALIFORNIA CRIME PREVENTION OFFICERS' ASSOCIATION 85096 CENTRAL SECURITY SERVICES, INC. 85097 CITY & COUNTY SOIL ENGINEERING, INC. 85098 CM WASH EQUIPMENT 85099 ~ COAST TO COAST WIRELESS, INC. 85100 COMPUTER ALERT SYSTEMS, INC. 85101 COMTRONIX OF HEMET 85102 KIRT A. COURY 85103 CALIFORNIA PEACE OFFICERS' ASSOCIATION AMOUNT $ 11 .00 """-' 185.00 185.00 185.00 71,749.91 3,551.81 350.00 200.00 40.00 1 0,024.64 1 ,293.57 4,819.00 37,232.33 1,150.00 0.00 2,842.50 4,166.00 3,882.50 16,483.94 2,304.50 60.00 280.00 280.00 613.50 7,500.00 2,248.69 1 ,306.66 """-' 328.00 2,235.23 462.39 2,246.04 1,243.17 10,102.99 1 ,336.25 1 03.00 154.58 455.00 215.00 65.00 605.44 420.00 700.00 557.93 491.90 30.00 57.50 10,203.48 225.00 144.62 120.00 106.21 5,471.34 90.31 """-' 2- ~ 3/20/2006 Warrant 031506 1 OF 4 AGENDA ITEM NO. PAGE .;l OF MARCH 15, 2006 CITY OF LAKE ELSINORE WARRANT LIST AMOUNT 4,567.50 3,140.00 17,761.11 175.00 483.42 4,066.45 2,603.27 59.24 10,041.37 1,772.47 578.75 7,201.50 312.00 5,285.16 2,874.18 399.20 77.00 36.96 18,808.94 1,288.42 114.34 12,119.97 1,925.00 131.85 56.88 32,080.37 575.19 205.00 128.66 15,785.00 402.89 227.39 560.25 106,881.70 104,565.63 223.20 19,926.14 35.00 192.21 9,100.00 150.78 600.10 1,154.85 63.52 1,480.20 50.00 12,590.00 283.43 100.00 490.00 45.00 47.28 ~ CHECK# VENDOR NAME 85104 CUTTING EDGE STAFFING,INC. 85105 D & SELECTRIC 85106 DELL MARKETING, L.P. 85107 DIEBOLD, INC. 85108 DO IT CENTER 85109 CAROLE K. DONAHOE, A.I.C.P. 85110 DOWNS COMMERCIAL FUELING, INC. 85111 DRESCO REPRODUCTION. INC. 85112-85116 ELSINORE VALLEY MUNICIPAL WATER DISTRICT 85117 EAGLE HIGH REACH 85118-85121 EILEEN'S CLEANERS 85122 ELEMENT HOMES, L.L.C. 85123 ELITE ELEVATOR, INC. 85124 ELSINORE ELECTRICAL SUPPLY, INC. 85125-85126 ELSINORE PIONEER LUMBER CO. 85127 ELSINORE VALLEY RENTALS 85128 ELSINORE VALLEY SELF STORAGE 85129 ENFORCEMENT TECHNOLOGY, INC. 85130-85131 EXCEL LANDSCAPE, INC. 85132 EXPRESS TIRE 85133 FEDERAL EXPRESS CORPORATION 85134 FERGUSON GROUP, L.L.C. 85135 FILARSKY & WATT. L.L.P. 85136 FIRST AMERICAN REAL ESTATE SOLUTION ----135137 FRANKLIN COVEY 35138 GOLF VENTURES WEST 85139 JOHN GONZALES 85140 GOVERNMENT FINANCE OFFICERS ASSOCIATION 85141 GRAINGER INDUSTRIAL SUPPLY 85142-85146 GREENSCAPE LANDSCAPE. INC. 85147 GTSI CORPORATION 85148 ARLINE GULBRANSEN 85149 LORENA HANCOCK 85150 HARDY & HARPER,INC. 85151-85153 HARRIS & ASSOCIATES, INC. 85154 HAULAWAY STORAGE CONTAINERS, INC. 85155 HDR ENGINEERING, INC. 85156 INLAND EMPIRE CHAPTER-APA 85157 INLAND EMPIRE LOCK & KEY 85158 KOBATA & ASSOCIATION. INC. 85159 L & M FERTILIZER, INC. 85160 LA SIERRA FIRE EQUIPMENT 85161 LAKE CHEVROLET 85162 LAKE ELSINORE FLORIST & GIFTS 85163 LAKE ELSINORE FORD 85164 LAKE ELSINORE TIRE & AUTO,INC. 85165 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 85166 LAKELAND MARINE 85167 LEAGUE OF CALIFORNIA CITIES 85168 LEAGUE OF CALIFORNIA CITIES '-"'5169 LEAR AUTO BODY & TOWING J5170 L1NKLlNE COMMUNICATIONS, INC. 3/20/2006 Warrant 031506 20F4 AGENDA I"SEM NO. J. PAGE o=L OF S MARCH 15. 2006 CITY OF LAKE ELSINORE WARRANT liST CHECK# VENDOR NA1v1E 85171 LOWE'S HOME CENTERS, INC. 85172 M & M AIR CONDITIONING, INC. 85173 EMILIA MAMILOVICH 85174 SANDRA MASSA-LAVITT 85175 LINDA M. MILLER 85176 MOBILE SATELLITE VENTURES, L.P. 85177 MORROW PLUMBING, INC. 85178 MORROW PLUMBING,INC. 85179 NBCE, INC. 85180 NBS GOVERNMENT FINANCE GROUP 85181 NELSON PAVING,INC. 85182 NEXTEL COMMUNICATIONS 85183 NOBLE CONSULTANTS, INC. 85184 NORTH COUNTY TIMES 85185 OWEN & BRADLEY ATTORNEYS AT LAW 85186 PAL OFFICE PRODUCTS 85187-85188 PETTY CASH 85189 PITNEY BOWES,INC. 85190 POINT LOMA NAZARENE UNIVERSITY 85191 POLICE FUTURISTS INTERNATIONAL 85192 PREMIUM PALOMAR MOUNTAIN SPRING WATER 85193-85194 THE PRESS ENTERPRISE 85195 MATT PRESSEY 85196-85197 PRUDENTIAL OVERALL SUPPLY 85198 QUAID TEMECULA HARLEY DAVIDSON 85199-85200 QUILL CORPORATION 85201 QWEST COMMUNICATIONS 85202 R.H.F., INC. 85023 THE RADAR SHOP 85204 RAMSEY BACKFLOW & PLUMBING 85205 REBEL RENTS, INC. 85206 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE 85207 RIVERSIDE COUNTY SHERIFF 85208 RIVERSIDE COUNTY SHERIFF 85209 COUNTY OF RIVERSIDE, OFFICE OF THE AUDITOR-CONTROLLER 85210 COUNTY OF RIVERSIDE, DEPARTMENT OF INFORMATION TECHNOLOGY 85211 COUNTY OF RIVERSIDE, OFFICE OF ASSESSOR, GARY L. ORSO 85212 ROADWAY ENGINEERING,INC. 85213 ROBBINS PEST MANAGEMENT, INC. ~214 JESUS ROQUE 85215 SAFETY-KLEEN SERVICES, INC. 85216 SCOTT FAZEKAS & ASSOCIATES, INC. 85217 SHERWIN-WILLIAMS CO. 85218 DAVID S. SOLOMON 85219-85222 SOUTHERN CALIFORNIA EDISON CO. 85223 SOUTHERN CALIFORNIA GAS CO. 85224 SPRINT 85225 STAUFFER'S LAWN EQUIPMENT 85226 STEINY AND COMPANY, INC. 85227 PEGGY J. STORAASLI 85228 BOB STOVER, INC. 85229 SUDHAKER COMPANY INTERNATIONAL 85230 SUNGARD HTE, INC. AMOUNT 1,096.85 138.88 350.00 6,435.00 4,565.00 74.04 29.15 2,360.38 9,845.00 7,646.69 14,470.85 1,767.56 19,396.00 382.56 854.03 93.50 369.45 505.00 500.00 45.00 210.05 16,963.07 637.17 329.43 178.39 2,196.06 1,287.66 350.24 294.00 1,672.00 323.73 82,237.92 6,844.80 462,796.39 2,790.00 182.74 27.00 17,190.00 280.00 480.00 110.16 7,175.59 175.31 3,800.16 33,194.29 1,021.16 241.71 359.26 15,633.33 495.00 5,205.05 5,837.95 490.20 3/20/2006 Warrant 031506 AGENDA ITEM NO. ::z. PAGE 1./ OF S 30F 4 '" '" ....., MARCH 15. 2006 CITY OF LAKE ELSINORE WARRANT liST ,,- CHECK# VENDOR NAME 85231 SUNWEST SPORTS, INC. 85232-85233 TEAM AUTOAID, INC. 85234 TEMECULA COPIERS 85235 TEMECULA VALLEY EMERGENCY MEDICAL 85236 TEMECULA VALLEY PIPE & SUPPLY 85237 TOMARK SPORTS, INC. 85238 TOPPER INDUSTRIES, INC. 85239 TRANS AMERICAN SOIL SERVICES, INC. 85240 TRUCK PARTS SUPPLY & ETC. 85241 UNION BANK OF CALIFORNIA 85242 UNITED PARCEL SERVICE 85243 VALLEY CENTER AUTO PARTS NAPA 85244 VAVRINEK, TRINE, DAY & CO., L.L.P. 85245 VENUS PRINTING 85246-85249 VERIZON CALIFORNIA, INC. 85250 VERIZON EQUIPMENT SALES & SERVICE 85251 VERIZON ONLINE 85252 TOM VO, JR. . 85253 WACHOVIA EDUCATION FINANCE 85254 THE WALL STREET JOURNAL 85255 WE TIP, INC. 85256 PETER WEBER 85257 WEST COAST ARBORISTS, INC. 85258 WEST COAST WINDOW CLEANING 85259 WEST GROUP "-'<35260 WESTERN BANK OF CHINOOK 85261 WESTERN HIGHWAY PRODUCTS, INC. 85262 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 85263 WILL REPAIR 85264 ZONES. COM AMOUNT 1,598.31 785.05 910.82 219.00 106.42 1,837.43 1,073.93 1,574.92 13.62 8,839.44 216.72 85.76 2,000.00 258.80 3,316.23 189.01 165.05 892.50 2,690.00 39.95 1,902.25 637.17 4,565.00 450.00 295.26 2,607.49 68.00 214,936.65 19.00 592.90 TOTAL PIE DATE: $1,609,761.14 03/03/06 03/03/06 PAYROLL TAXES PAYROLL CASH 44,646.95 106,319.18 GRAND TOTAL $1,760,727.27 ,""""" 3/20/2006 Warrant 031506 40F4 AGENDA ITEM NO. ;( PAGE '-- <;" OF 5" ---- CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF JANUARY 31,2006 BANK DEPOSITS OUTSTANG. BOOK ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank of America - General $3,484,619.24 78,354.03 1,717,657.34 1,845,315.93 Reconciling Items 90.00 5.00 85.00 Bank of America - Payroll 6,619.19 11,417.30 (4,798.11) Total Active Accounts 3,491,238.43 78,444.03 1,729,079.64 1,840,602.82 INVESTMENTS Bank of New York-Trust Sweep Account Local Agency Investment Fund 25,778,404.34 29,434,512.51 ."-" ieral Home Loan Mortgage Corporation 1,000,000.00 1,000,000.00 ~derl;ll Home Loan Bank 8,001,693.61 8,001,693.61 Total Investments 34,780,097.95 38,436,206.12 38,271,336.38 78,444.03 1,729,079.64 40,276,808.94 Cashier Drawers # I & #2 City of Lake Elsinore Petty Cash Fund 300.00 1,000.00 $40,278,108.94 TOTAL POOLED CASH AND INVESTMENTS 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 28, 2005. A copy of this policy is available in the office ofthe City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. ~~5'~b / Date ,,-.. AGENDA ITEM NO. 3 PAGE-L-OF~ CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF JANUARY 31, 2006 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 Slale Gas Tax Fund 112 Transportation Fund 115 Traffic Safety Fund 116 City Hall-Public Works DlF Fund 117 Conununity Center DlF Fund 118 Lake Side Facility DIP Fund 119 Animal Shelter DIF Fund 130 Lighting & Landscape Maintenance Fund 135 # 1 Lighting & Landscape Maintenance Fund 140 Geothermal Fund 150 CoO.B.G. Fund 20 I Street C.I.P. Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 21 I 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- I Railroad Canyon Rd. improvement Fund 257 CFD 90-2 Tuscany Hills 259 CFD 90-3 Construction Fund 351 AD 87-2 Debt Service Fund 352 AD 86- I Debt Service Fund 353 AD 89-1 Debt Service Fund 356 AD 90- I Debt Service Fund 357 CFD 2003-2 Canyon Hills 358 eFD 91-2 Debt Service Fund 359 CFD 90-3 Debt Service Fund 360 AD 93-1 Debt Service Fund 362 CFD 95-1 (96 Srs.E) Debt Service Fund 363 CFD 88-3/1997 Series F Debt Service Fund 364 CFD 88-3 111 B /1997 Series B Debt Service Fund 365 CFD 98- I Sununerhill Improvement fund 366 CFD 2004. I Debt Service Fund 367 CFD 2005-3 Sununerly / 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 CFD2005-1 D. Clunnan 377 CFD 2006-X Tessara 376 CFD 2005-7 La Strada 604 Endowment Trust Fund 605 Public Improvement Trust Fund 606 Mobile Source Air Polution Fund 608 Trust Deposit & Pre Paid Expense 610 Kangaroo Rat Trust Fund 611 Developer Agreement Trust Fund 616 Fire Station Trust Fund 620 Cost Recovery System Fund 650 CFD 2003- I Law & Fire Service Fund Total Pooled Casb & Investments AMOUNT $8,397,682.54 84,156.78 5,316.94 38,060.24 86,398.94 379,792.74 782,236.00 807,000.00 462,186.57 709,960.78 97,589.45 20,373.56 545.00 779.00 348.00 258,046.29 19,579.64 15,636.02 75,428.02 15,740.81 205;498.17. 4,360,396.82 3,686,750.21 1,837,371.96 921,104.16 211;426.16 2,477,041.77 (23,325.00) 91,709.00 506,255.45 305, J 76.09 298,266.25 155,300.04 1,322,625.54 1,564,046.98 (48,729.00) 1,569,227.12 257,718.71 3,565,197.31 (1,299,821.58) (179,604.99) 2,163.29 19,295.72 74,948.13 87,539.87 30,687.96 8,941.57 85,344.54 33,135.66 35,859.05 50,000.00 70,000.00 (12,100.00) 23,198.50 441,836.61 13 1,531.43 2,078,950.81 780.00 1,270,920.00 121,511.57 ],578,548.85 104.526.89 $40,278,108.94 ......" ,...." ......" AGENDA ITEM NO.. 3 PAGE ~OF~ ~ CITY OF LAKE ELSINORE ANNUAL YEAR-TO-DATE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING JANUARY 31, 2006 Total outstanding investments as of December 31,2005 $ 34,780,097.95 PURCHASE MATURITY DATE DATE COUPON RATE YlELDTO MATURITY COST Investment Purchases: Total Purchases Investment Maturities: Total Maturities Investments Called: ~ Total Calls Net increase (decrease) in LAIF 3,656,108.17 Total outstanding investments as of January 31, 2006 $ 38,436,206.12 ~ AGENDA ITEM NO. ..5 PAGe 3 OF~ g; ~ (') (') I:I:i "'t)> . . QQI:I:i 8 a. ~ ~ ~ ~ a a VJ- _.0 > e.. 0 () ",....,,, '8ii .... 0 5 ~: ~ ~~~ Qs::~ (') s:: "'l ~ e:2.g. s ~ el if~ (') 0 ii"l o t""' ~ '8 g 0 fas::~ o 0 ~ z ~ 0 o OQ (') li&l 0 o .a (') 0 ~ ~. o 0 fa ::s o' ::s Vl"'l"'l ;lpf5 . I:I:i I:I:i ;1;' r:l. 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W .... .vo i:3 v- i~~ ~~ 5i~ -..l a- '" -..l ~ "0 o ~~ o ~-, o r o " e:. >- 'Ii " o '< S' .., '" g '" a "Tl t: :0 Q. en ril n ~ ~ @ C! en >-l n en ~ ~ en >-l ~ Z >-l '" AGENDA ITEM NO. PAOE 7 en ~ >-l ;; el ~ ;;) "0 o g. 3 OF=-:l- CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF JANUARY 31,2006 ...., DESCRIPTION CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF 1/31/2006 u.S. Treasury Bills 0.00% MAXIMUM PERCENTAGE UNLIMITED u.S. Treasury Notes 0.00% UNLIMITED Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC 0.00% UNLIMITED 0.00% UNLIMITED 0.00% UNLIMITED 20.74% UNLIMITED 0.00% UNLIMITED 2.59% UNLIMITED 0.00% 40.00% 0.00% 25 ....., 0.00% 30.00% 0.00% 15.00% 0.00% 30.00% 0.00% UNLIMITED 0.00% 20.00% 76.67% UNLIMITED $ 29,434,512.51 Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes Repurchase Agreements Reverse Repurchase Agreements LAIF (Local Agency Investment Fund) Current Balance TOTAL 100.00% % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 79.19% 81.79% no less than 25% ....., AOENDAITEM NO..... 3 PAOE g' OF-9:-- CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 05 THROUGH JANUARY 065 /"'"' MONTH July 2005 August 2005 September 2005 October 2005 November 2005 December 2005 0/0 OF PORTFOLIO BY AGENCY FFCB FHLB FHLMC FNMA 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 3.33% 0.00% 0.00% 6.230/0 3.12% 0.00% 0.000/0 14.23% 2.850/0 0.00% 0.00% 18.82% 2.69% 0.00% 0.00% 22.92% 2.860/0 0.00% AVERAGE 0.00% 10.37% 2.48% 0.00% /"'"' -- TOTAL % OF PORTFOLIO IN FEDERAL AGENCIES 0.000/0 3.33% 9.35% 17.08% 21.51% 25.78% 12.84% AGENDA f1'BI NO. .3 PAOE~OF~ ,,- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28, 2006 SUBJECT: RESOLUTION OF THE CITY COUNCIL REQUESTING GRANT FUNDING FROM THE DEPARTMENT OF BOATINGANDWATERWAYS ' BACKGROUND ,,- On January 25th, 2005 the City Council directed Staff to implement Alternative Plan-2 of the supplemental engineering report for the Boat Launch Facility Rehabilitation project at the LERA Campground to address safety issues. The project budget was estimated at $5.2 million. On April 12th, 2005 the City Council approved an agreement with Noble Consultants Inc. (NCI) to perform the design engineering and project management services for the project. To date, NCI has completed the 50% Plans & Specifications phase and a geotechnical (soils) report. The engineer's construction cost estimate has been substantially revised upwards based upon the advanced plans and soils data. The revised project cost estimate is $8.6 million, which includes a $700,000 contingency. The primary reason for the budget increase is due to dredging and conditioning of soil for use as fill material. . Noble Consultants Inc. submitted a revised project schedule based on a two phased construction approach. The frrst phase would consist of dredging, conditioning of soil and major earthwork. The second phase would complete the construction. Based on the revised project schedule the boat launch facility would be completed by February 2008. .,,- AGENDA ITEM NO. PAGE / : I 4 OF 5" , . REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE #2 ~ DISCUSSION In December 2004 the City Council accepted a $3,000,000 grant from the California Department of Boating and Waterways (DBA W) to rehabilitate the Boat Launch Facility (BLF) at the LERA Campground. This grant expires in November 2008. Given the substantial increase in the construction cost estimate, City Staff desires to request additional grant funding, in the amount of $3.5 million, to complete the project. The California Department of Boating and Waterways requires a resolution by the governing body to formally request grant funding. FISCAL IMPACT There is no fiscal impact to the City for requesting grant funds. However, once the City begins to draw down the grant funds, then the City is committed to completing the project. To date, no reimbursement from grant funds have been requested. RECOMMENDA TION ..." Staff recommends the City Council adopt Resolution No. 2006-33- approving the request for supplemental grant funding from the Department of Boating and Waterways. PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department APPROVED FOR AGENDA BY: ~ y ACENDA ITEM NO. PACE~ ,-OF ...5 ,--, PROJECT COST ESTIMATE LAKE ELSINORE RECREATION AREA BOAT LAUNCHING FACILITY REHABILITATION Total DBW CITY Item Project Cost Cost Share Cost Share Construction Costs Site Mobilization/Demobilization $ 65,000 $ - $ 65,000 Demolition $ 10,000 $ - $ 10,000 Earthwork - Fill $ 2,532,500 $ 2,532,500 $ Pavement . Asphalt Concrete Pavement $ 1,170,707 $ 1,170,707 $ . Concrete Ramp $ 803,933 $ 803,933 $ . Pavement Markings and Signage $ 23,700 $ - $ 23,700 . Sidewalks, curbs, gutters $ 197,495 $ 197,495 $ Slope Protection . Filter Fabric $ 45,600 $ - $ 45,600 . Rock Riprap $ 630,000 $ 630,000 $ Site Drainage $ 66,600 $ - $ 66,600 Boarding Float System $ 372,440 $ 146,000 $ 226,440 Buildings (restroom, entry, pump station) $ 409,250 $ 409,250 $ Mechanical $ 100,000 $ - $ 100,000 Electrical $ 50,000 $ - $ 50,000 ,~ Landscape Irrigation System $ 220,345 $ - $ 220,345 Landscaping $ 163,255 $ - $ 163,255 Miscellaneous (guardrails, gates, bollards, etc...) $ 153,200 $ - $ 153,200 % if_*, Non-Construction Costs Engineering (max. 12% of construction subtotal) $ 446,517 $ 335,000 $ 111,517 Inspection (max. 5% of construction subtotal) $ 186,049 $ - $ 186,049 Permits & Environmental Docs. (max. 10% of construction $ 250,000 $ - $ 250,000 subtotal) Contingency (10% of Construction Subtotal) $ 700,000 $ 279,000 $ 421,000 ,~ Construction Cost estimates provided by Noble Consultants Inc. 2201 Dupont Drive Suite 620 Irvine, CA 92612-7509 y AGENDA ITEM NO. PAGE 3 OF 5 RESOLUTION NO. 2006- 39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING SUPPLEMENTAL GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS, IN THE AMOUNT OF $3.5 MILLION, TO REHABILITATE THE BOAT LAUNCH FACILITY AT THE LAKE ELSINORE RECREATION AREA CAMPGROUND LOCA TED AT 32040 RIVERSIDE DRIVE. """". WHEREAS, Lake Elsinore is the largest natural freshwater lake in southern California; WHEREAS, title to the Lake Elsinore State Recreation Area was transferred by the State to the City of Lake Elsinore in 1993; and WHEREAS, the City is required by the State of California to maintain the Lake for public park and recreation purposes in perpetuity; and WHEREAS, the City desires to collaborate with the California Department of Boating and Waterways to provide high quality boat launching facilities to meet the recreational needs of the boating public; and WHEREAS, the Department of Boating and Waterways is authorized to provide grants to cities for construction and improvements for boat launching facilities; and ......" WHEREAS, the City has conducted an engineering and economic feasibility study, as well as prepared 50% Plans & Specifications for the improvements, with the analysis demonstrating the proposed project to be feasible and financially justified; and WHEREAS, the City of Lake Elsinore is committed to operating and maintaining the facility over the estimated useful life of twenty (20) years at no cost to the State; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOL VE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby approves the request for supplemental grant funding, in the amount of $3.5 million, to the Department of Boating and Waterways to complete the proposed improvements for the public boat launch facility at the Lake Elsinore Recreation Area Campground. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. ......" AGENDA ITEM. Np._ 4 PAGE~OF 5" CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of2 ~ PASSED, APPROVED AND ADOPTED this 28th day of March, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore /""'"" APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore /""'"" ACENDA ITEM NO. '-I PACE 5' OF 5" r-- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: MARCH 28, 2006 SUBJECT: EXCEPTION TO BID PROCEDURES FOR THE PURCHASE OF ENGINEERED SIGN POLES AND BRACKETS FOR SHORELINE ZONE IDENTIFICA TION BACKGROUND On August 17th, 2005 the City Council directed Staff to work with the Public Safety r-- Advisory Committee (PSAC) to implement the recommendations of the Shoreline Safety Assessment Report prepared by Thomas Griffiths, Aquatic Safety Research Group. The PSAC and City Staff prepared a Shoreline Safety Plan. The City Council approved funding at the mid-year budget review, in the amount of $105,000, to implement the plan. Part of the Shoreline Safety Plan recommended the delineation of shoreline zones around the Lake for ease of identification by unfamiliar guests and rapid locating by first responders during emergencies. In addition, the Aquatic Safety Expert recommended delineating permitted shoreline activities in these areas, especially wading and boating. The PSAC and Lake Patrol Sergeant requested the signage for the shoreline zones be highly visible when viewed from 3600. A grouping of three signs into a triangular shape and mounted atop a tall pole was recommended. DISCUSSION City Staff researched the technical issues for mounting relatively large signs on a tall "-' pole in a triangular arrangement. Staff could not locate any standard sign mounting 5 ACENDA ITEM NO. PAGE J OF 1 REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE #2 ......." hardware to meet this signage specification. Furthermore, Stafflearned that winds can exert a tremendous force on a sign, which could lead to failure of the pole. Engineering calculations are required to match the total "effective project area" of the signs to a corresponding pole specification. .. ....,.... Staff made contact with a pole manufacture, Valmont Structures, and requested assistance with design engineering, as well as a customized bracket for the pole to mount the signs in a triangular arrangement. Valmont Structures provided a quote based upon the sign, pole and bracket specifications required to withstand a sustained 90 mph wind. The cost for delivery of twenty (20) poles and brackets is about $16,000 plus sales tax. Given the engineering and customization required to develop the specifications for the poles and brackets, as well as the reasonable cost by Valmont Structures, City Staff requests an "Exception to Bid Procedures" under 3.08.070F of the City's Purchasing Ordinance. Staff believes it is not in the best interest of the City to invest additional staff time or contract engineering services to develop the specifications required to seek additional quotes. .""" FISCAL IMPACT The purchase of twenty (20) poles and brackets will cost $16,000 plus sales tax. This cost is budgeted under the implementation budget for the Shoreline Safety Plan. RECOMMENDA TION Staff recommends the City Council approve the exception to bid procedures and authorize staff to proceed with the purchase. PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department CITY ......, APPROVED FOR AGENDA BY: AGENDA ITEM NO. 5 PAGE ~ OF J --valmont Wi(f STRUCTURES March 20, 2006 Pat Kilroy City of Lake Elsinore Emailed- RE: Shoreline Zone Poles Valmont Industries' quote # V57542 Dear Pat: Valmont Industries, Inc. is pleased to provide you with the following quotation for your upcoming project. We have engineered specially designed structures meeting the latest design standards, 90 mph winds, 2001 AASHTO criteria. These structures will hold (2) 2 x 2ft activity signs and a triangular array of 3.5 x 2.5ft signs on a centerline attachment height of 25ft. The structure deflection is limited to less than 5% under full wind load. ,r-. The pole is 25ft tall with 3- brackets to facilitate attachment of the triangular array. The entire assembly is hot-dipped galvanized, freight is prepaid and allowed to jobsite, with anchor bolts and full base cover. Shipment is 6-8 weeks after release of order. Price is $799.00/each. Foundation designs can be provided for an additional $850.00, if soil parameters are given to Valmont. Foundation designs are 2-3 weeks after receipt of order/soil report. Thank you for the inquiry for these special-design structures. Please feel free to contact me with further issues. Sincerely, (;1~:P~ Regional Manager Structures Division Valmont Industries, Inc. "...-. Engineered Support Structures Division, Valmontlndustries, Inc. 7002 North 288th Street PO Box 358 Valley, Nebraska 68064-0358 USA 402-359-2201 Fox 402-359-6221 www.valmonl.com 5 ACENDA ITEM NO. PACE ~ OF 7 SHORELINE ZONE IDENTIFICATION SYSTEM Three Rectangular Si gns (30" x 42" x 0.0625") formed into tri angular shape -1 2' J SIDE VIEW Not to Scale "'wIll' "'wIll' 23' to 25' Pole Ground level "'wIll' ACENDA ITEMl ~O._ S PAce--=t-OF '1 SHORELINE ZONE IDENTIFICATION (Signage, Pole & Mounting Specifications) Bracket Arm - Spoke Type Design # MY403-01-O Sign Aluminum (30"H x 42'W x 0.625") "..-- 14 3' 6" Sign width ~I Plan View "..-- - Typical Sign (Aluminum 0.625" thick) 2'6" ~ /4 3'6" ~I Side View AGENDA ITEM NO. 5 PACE 5" OF 7 SftORELINE ZONE IDENTIFICATION r~~ ZONE LOCATION 1'1 Lake DeparbnaJt Headquarters 500 W. Lakeshore Drive (951) 674-7730 Seaport Boat Launch 500 W.LakcShorcDrive . .. Elm Grove Beach 600 W. LakeshoreDriVe ., 48 . ., e . Lowell Street Fishing Beach 700W. Lakeshore Drive Daviil Street FishinsBcaclJ ??1? Lakesborc Drive Whisker FishingBeacb ???? LakesborcDrlve Lake Park Motel &RV 32000RiversideDrive . !ERA Campground 32040 Riverside Drive The Outhouse 32310 Riverside Drive 8} Roadnnmer RVParlt 32.500 Riverside Drive ACI1VlTY ZONE LEGEND IIf!I !I ~ ~!I GrandAw. LOCATION . ElsinOl'C West Marina 32700 RiVtnide Drive ffJm VS!!7 Cl'anesLakeside Park & Resort 15980 Grand Ave. .,,'" , ~- I) . A ~ . ~ ~ Weekend Paradise 16006 Grand Ave. Playland RV Parlt 16730 Grand Ave. Lakcland Marine 18010 Grand Ave. ~ System mtrance at Pete Lcbr Dr & StadiwnWay. Levee System mtrance at Pete LdrDr. & StadiUm Way. Levee System mtrance at Pete Ldr Dr. & Stadium Wrsy. @ Levee System entrance at Pete LcbrDr.& Stadium Way. '"' "?-v',. ,1:.. ,~ ^-< .., II~ !I II III!! ~!I ACENDA ITEM NO. PACE &, 5 OF_ 7 ,...", -..J ....., ,,-. .,,--.. ~ /"'" CITY OF LAKE ELSINORE MEMORANDUM TO: Matt Pressey, Director of Administrative Services FROM: Pat Kilroy, Director of Lake & Aquatic Resources DATE: January 4, 2006 SUBJECT: Shoreline Safety Implementation Plan - FY'05-06 Mid- Year CIP Budget On January 25, 2005 the City Council approved a contract with Thomas Griffiths, Aquatic Safety Research Group LLC, to conduct an aquatic safety assessment of the Lake's shoreline. A final report was completed in July 2005 and presented to the City Council at a joint study session with the Public Safety Advisory Commission (PSAC) on August 17, 2005. At the direction of the City Council, staff worked with the PSAC to conceptually develop the safety recommendations contained in the report. Below is a budget to implement phase-I of the "Shoreline Safety Plan". Implementation Budget For Shoreline Safety Plan Description Quantity Purpose Cost Graphic Artist services Prepare camera ready versions of Shoreline Schematic & Safety Information signs. $500 Purchase & installation of 30- For mounting shoreline zone and foot aluminum flag poles. 20 permitted activity signs. $40,000 Shoreline Zone(s) signs Signs to delineate shoreline 60 zones with sequential numbering system around the Lake. $18,000 Authorized Shoreline Activity Signs to post permitted shoreline signs 60 activities. $12,000 Lake Shoreline Schematic Informational sign showing SIgns 20 schematic mapping of Lake and Shoreline Zone delineation. $10,000 Shoreline Safety Information Recommended "Big Five" signs 24 Aquatic Safety Information. $12,000 Printing of Safety Literature Redo Lake Use Rules & (English/Spanish) 10,000 Regulations to highlight safety message(s) in both English & Spanish. $5,000 Staff Aquatic Safety Training Aquatic Risk Management training for recommended "Shoreline Safety Team". $7,500 Total $105,000 ~ ACENDA ITEM NO. .5 ...11,.... '1 IU:" /"'"" CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28, 2006 SUBJECT: LICENSE AGREEMENT FOR FLOATING FOOD VENDOR BACKGROUND City Staff received a proposal from local residents, Shawn Hill and Adrian Visocky, who desire to start a floating food vending business on Lake Elsinore. Considering the City has received proposals in the past for this type of venture, Staff furnished the applicant with a copy of a past license agreement listing the City's terms. Staff circulated the proposal to the Sheriffs and Fire Departments. On M.arch 15th, the Director and Sheriffs Lake Patrol Sergeant met with the applicant to discuss the proposal, safety and finalize terms. /"'"" DISCUSSION The attached five (5) year agreement provides the Licensee, doing business as Food Frenzy, with an exclusive right to conduct floating food vending on Lake Elsinore under the conditions contained in the license agreement. FISCAL IMPACT The City will receive 1 0% of the gross receipts from the business. RECOMMENDA TION Approve license agreement. PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department CI ~ APPROVED FOR AGENDA BY: ACENDA ITEM NO. PACE l lp OF~ MCL SYSTEMS 31751 Via Valdez St., Lake Elsinore, CA 92530 (951) 245-0203 PROPOSED VENDING ON THE LAKE Weare looking for approval from the Dept of Lake and Aquatic Resources for exclusive rights to vend on Lake Elsinore Lake. Weare currently working with Rodney and Elma Eaton from California Cart Builders located in Lake Elsinore and the Dept of Environmental Health to design a vending and refrigeration unit for a pontoon boat. Our objective is to properly contain our waste and to meet or exceed health code requirements for Riverside County while conducting business on the lake. One of our highest priorities is the preservation of the lake and the surrounding shore line. Our pontoon boat will have trash containers located on all four comers of the boat. Waste water will be contained in an approved holding tank located on the boat. All waste will be disposed of at Yummy Concessions and Commissary located in Corona. We would like to promote the local economy by utilizing local businesses to purchase our goods and services for all of our business needs. Please find attached the list of Operational Procedures that will be submitted to the Dept of Environmental and Health once we have obtained approval from the Dept of Lake and Aquatic Resources to proceed. Page 1 ACENDA ITEM NO. PACE Ol ......", ......", ......", \(J OF b2JL r- Written Operational Procedures For MCL Systems LIST OF FOODS I WILL BE SERVING Hotdogs - Eltad food dist. Anaheim, CA / Costco / Sam's Club / Restaurant Depot Buns - Eltad food dist. Anaheim, CA / Costco / Sam's Club / Restaurant Depot Pre packaged Mayonnaise - Smart n Final / Costco / Sam's Club / Restaurant Depot Pre packaged Mustard - Smart n Final / Costco / Sam's Club / Restaurant Depot Pre packaged Ketchup - Smart n Final / Costco / Sam's Club / Restaurant Depot Pre packaged Relish - Smart n Final / Costco / Sam's Club / Restaurant Depot Sauerkraut - Smart n Final / Costco / Sam's Club / Restaurant Depot Onions - Smart n Final / Costco / Sam's Club / Restaurant Depot Jalapenos - Smart n Final / Costco / Sam's Club / Restaurant Depot Tamales - Smart n Final / Costco / Sam's Club / Restaurant Depot Pre packaged Chips - Smart n Final / Costco / Sam's Club / Restaurant Depot Bottled Water - Smart n Final / Costco / Sam's Club / Restaurant Depot Canned Soda - Smart n Final / Costco / Sam's Club / Restaurant Depot Bottled Gatorade - Smart n Final / Costco / Sam's Club / Restaurant Depot Canned Energy Drink - Smart n Final / Costco / Sam's Club / Restaurant Depot Pre packaged Otter Pop - Smart n Final / Costco / Sam's Club / Restaurant Depot Pre packaged Ice Cream -America's Wholesale Ice Cream Dist / Smart n Final / Costco / Sam's Club Pre packaged Candy Bars - Smart n Final / Costco / Sam's Club / Restaurant Depot METHOD OF PREPARATION r__. Hot Dogs - Turn steam table on, pour purified water into bottom of steam table. Place hot dogs in steam trays where they are warmed to 165 degrees. Prior to cooking, hot dogs will be refrigerated or frozen, then put on ice until arriving to location. Hot dogs will be served with stainless steel tongs into buns, placed on paper tray or foil wrap. Extra product will be kept on ice or refrigerated until needed. Extra hot dogs will only be brought to location frozen. Buns - Will be placed in the steam compartment as needed to be warmed. Pre Packaged Mayonnaise, Mustard, Ketchup, Relish - Stored on cart. Sauerkraut - Will be placed in a plastic container of not more than 4 inches deep, refrigerated then kept on ice until reaching location where it will be placed in an ice tray for serving. Sauerkraut will not be a self serve item and will be placed on the hot dog using a plastic spoon. Extra product will be kept on ice or refrigerated until needed Onions - Will be chopped at the commissary, will be placed in a plastic container of not more than 4 inches deep, refrigerated then kept on ice until reaching the location where it will be placed in an ice tray for serving. Onions are not a self serve item and will be placed on the hot dog using a plastic spoon. Extra product will be kept on ice or refrigerated until needed. Jalapenos - Will be placed in a plastic container of not more than 4 inches deep, refrigerated then kept on ice until reaching the location where it will be placed in an ice tray for serving. Jalapenos are not a self serve item and will be placed on the hot dog using a plastic spoon. Extra product will be kept on ice or refrigerated until needed. ,-,. Tamales - Turn steam table on, pour purified water into bottom of steam table. Place Tamales in steam trays where they are warmed to 165 degrees. Prior to cooking, Tamales will be refrigerated or frozen, then put on ice until arriving to location. Tamales will be served with stainless steel tongs into paper tray or foil wrap. Extra product will be kept on ice or refrigerated until needed. Extra Tamales will only be brought to location frozen. Page 2 ACENDA ITEM NO. PACE .3 lR OF ;2;J- Written Operational Procedures For MCL Systems Continued Pre Packaged Chips - Will be stored in a cool dry location until needed. Bottled Water - Will be placed in cart with ice in designated bin, and served to customer. Canned Soda - Will be placed in cart with ice in designated bin, and served to customer. Bottled Gatorade - Will be placed in cart with ice in designated bin, and served to customer. Canned Energy Drink - Will be placed in cart with ice in designated bin, and served to customer. Pre packaged Otter Pop - Will be frozen until needed, then kept on dry ice until reaching location, where they will be placed in the freezer (part ofthe cart) to be sold later. Pre packaged Ice Cream - Will be frozen until needed, then kept on ice until reaching location, where they will be placed in the freezer (part of the cart) to be sold later. All Unprepared food that I serve will be served with the use offood service plastic /doves. HOW AND WHERE WILL FRESH WATER TANKS BE FILLED? Fresh water tanks will be filled at the commissary with a food grade hose, and handled in a sanitary manner. HOW AND WHERE WILL WASTE WATER TANKS BE EMPTIED? Waste water will be emptied at the commissary via valve on cart with approved hose. RESTROOMS Restrooms will be located within 200' of selling location. I plain to be in OPERA nON approximately 6 hours. Friday through Monday, with the exception of special events. FOOD CONTACT AND UTENSIL CLEANING AND SANITIZING PROCEDURE Thermometer - Stainless steel instant read thermometer. Stainless steel tongs. Steam table Steam table pans / lids Cold food service compartment tray Plastic containers for pre packaged foods (Mayonnaise, ketchup, mustard, etc) Stainless steel counter tops, steam table, sink, cupboards, and bins All will be sanitized with a solution of Chlorine at 100ppm for at least 30 seconds. Stainless steel will be cleaned of excessive debris with stainless steel cleaner, and then sanitized. Utensils will be sprayed with the chlorine solution, at least once in a four hour period, and allowed to sit with solution for a minimum of 30 seconds, then rinsed. Upon returning to the commissary, equipment will be cleaned with a detergent solution ( dish soap) and water, then rinsed well, then sanitized as described above. Page 3 ACENDA ITEM NO. PACE 1- -....." -....." -....." iP OF.~ MCL SYSTEMS 31751 Via Valdez St., Lake Elsinore, CA 92530 (951) 245-0203 r' CONTACT INFORMATION Shawn Hill 31751 Via Valdez St. Lake Elsinore, CA 92530 (951) 245-0203 ~ Adrian Visocky 31751 Via Valdez St. Lake Elsinore, CA 92530 (951) 795-9180 Christopher Visocky 33627 A vineda Capri Dana Point, CA 92629 (760) 809-4151 .~ Page 4 ACENDA ITEM NO. lP PACE S OF ;).;;L _OF .~ ..-.- FOOD FRENZY PRICE LIST .,-..... HOT DOG REGULAR HOT DOG JUMBO SANDWICH BURRITO SALAD CHIPS SODA ENERGY DRINK GATORADE WATER CANDY BAR OTTER POP ICE CREAM ,"'-" $3.25 $4.25 $4.50 $3.50 $3.25 $1.25 $1.50 $3.00 $2.50 $1.50 $1.50 $1.00 $3.00 ACENDA ITEM NO. LP PACE 7 OF;J.;}-' ~ ..... ~ s::: Q ..... fIJ fIJ QJ (,l s::: Q U .- \C "l:l = Q",,= Q _N r-c ~ ., I:)l)~ 00 s::: N ..... ~ ..= ........ (,l ~ 00 J.o Q ~ ei: ~ fIJ '-' e ~ fIJ ~ 00 ~ U ~ ~ ,y) ~l::[,p .~ ~ <( 'I C) ~ 1 ,I ~ '\I .' i,ll, ,l! U." .llji; . .laap,S.H\1i.^'~ .....", ACENDA ITEM NO. PACE <t \j) OF~ r--- LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this 28th day of March, 2006 by and between the CITY OF LAKE ELSINORE, a municipal corporation hereinafter referred to as "City" and Food Frenzy (d.b.a.) , hereinafter referred to as "Licensee." RECITALS WHEREAS, Licensee desires to operate a mobile catering service business offering food, snacks, non-alcoholic beverages and merchandise to the public within the Lake Elsinore Recreation Area ("LERA") and surrounding waters of Lake Elsinore in a professional and safe manner; and WHEREAS, Licensee desires to enhance through its operations a positive recreational experience for residents and community visitors, and r--- WHEREAS, City finds that Licensee's Authorized Programs as defined herein shall not interfere with, but rather will contribute to the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences on the waters of Lake Elsinore, and such authorized programs are compatible with the general development plans for Lake Elsinore; and WHEREAS, Licensee desires to obtain from the City a license to operate the Authorized Programs on Lake Elsinore and permission to use the waters of Lake Elsinore in accordance with the terms and conditions set forth herein (the "Premises"). NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, the parties hereto and each of them do agree as follows: .L DEFINITIONS "........ The following terms shall have the meanings set forth below. AGENDA ITEM NO. le MrC q OF ~ "Agreement" or "License Agreement" or "License" means this License Agreement by and between the City and the Licensee. "Authorized Programs" means the operation of the pontoon boat selling food, snacks, non-alcoholic beverages and merchandise within the waters of the Lake Elsinore in accordance with the terms and conditions herein. "City" means the City of Lake Elsinore, a municipal corporation. "City Manager" means the City Manager of the City of Lake Elsinore or his/her designee. "Licensee" means Food Frenzy (d.b.a.). "Gross Receipts" means all monies, property, or any other thing of value received by Licensee through the operation of the Authorized Programs, including but not limited to merchandise sales, food and beverage sales, or from any other business carried on or upon the Premises. The term "Gross Receipts" shall not include tips received, interest income, or any sales taxes imposed by any governmental entity and collected by Licensee. "Premises" is defined in Section 3.01 of this Agreement. 2. USE OF PREMISES 2.01 Provided that all of the terms and conditions of this Agreement are fully satisfied, the City hereby grants to Licensee a non-assignable license to conduct Authorized Programs upon the Premises. The Licensee shall operate the vessels in accordance with all applicable laws, ordinances, resolutions, policies and rules governing the use of Lake Elsinore, including but not limited to the Lake Elsinore Municipal Code and applicable State of California boating laws. The Premises shall be used by the Licensee only for Authorized Programs, and such other purposes as are consistent with ....# '-' '-' ACENDA ITEM NO. L.e PAOE IV OF ~ "...- the Authorized Programs and directly related thereto without unreasonable restriction to creativity to increase gross revenues and expansion of the Authorized Programs, but for no other purposes whatsoever. 2.02 Licensee's minimum hours of operation shall be from 9:00 AM to 4:00 PM. 2.03 Licensee shall not rent or allow operation of the vessel to the general public or any subcontractor. Further, Licensee shall restrict operation of its vessel to the duly authorized employees qualified by recognized boating organizations and State or Federal agencies to be qualified for such duties. 2.04 It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Premises to the Licensee. .,....... 3. PREMISES ,-- 3.01 The Premises shall consist of the waters of Lake and other City property as permitted in writing by the City. Operations by the Licensee shall not at anytime pose a safety hazard or interfere with boating traffic as determined by the City. The actual selling of goods shall be limited to the areas as follows: . Restricted to the area between the "Slow/No Wake" buoy line and the shoreline, except for areas within 100 feet of the shoreline of private property unless permitted in writing by the Director of Lake Operations. No selling is permitted within the 35 mph or high speed zones. . No selling in the Inlet Channel. . No selling within the marina at Elsinore West Marina without written permission of the owner. . No selling on the City's public beaches, including Elm Grove Beach, Lowell Street Fishing Beach, Davis Street Fishing Beach and Whiskers Fishing Beach. ACENDA ITEM NO. ~ PACE J / OF · Selling shall be permitted on the beaches of the Levee System that are located outside the Inlet Channel. '-' 3.02 Licensee has an exclusive use of the Premises for purposes of the Authorized Programs for a five-year term (the ''Term'') on the express condition that Licensee provided that the Licensee operate the Authorized Program during the following times: Saturday, Sundays and holidays during the month of May through the month of September, bad weather or unsafe lake conditions excepted. If Licensee has satisfactorily performed during the initial five-year term, following expiration of the agreement, the Licensee shall have the right of first refusal to accept the City's revised terms for any subsequent licensing of food vending on the waters of Lake Elsinore. If Licensee fails to provides such operations as required in this subsection, Licensee exclusive use shall be voidable by the City at which time the City may authorize additional operators to provide services similar to the Authorized Program. Unforeseen circumstances, such as temporary breakdowns of the vessel or vending equipment, shall be evaluated on a case by case basis by the City. If Licensee is making a good faith effort to correct the temporary halt in service due to unforeseen circumstances, then the City shall not void the license agreement. ...." 3.03 Licensee understands and agrees that City reserves the right to schedule major special events in the Premises which may require restrictions on Licensee's use of the Premises during the major special event. Licensee shall be notified of dates and type of event no less than thirty (30) days in advance. City will waive booth fees for the Licensee at scheduled major special events operated by the City in order for Licensee to promote Licensee's Authorized Programs, Lake Elsinore and its activities. 3.04 Licensee acknowledges personal inspection of the Premises and surrounding areas and evaluation of the extent to which the physical condition thereof will affect and be appropriate for Licensee's operation of the Authorized Programs. Licensee accepts the Premises in their present physical condition "as is", and agrees to make no demands upon City for any improvements or alterations thereof. The City '-'" ACENDA ITEM NO. \J;L PACE J J.- OF ~ ..-.-. makes no warranty nor has any duty to Licensee to maintain a minimum Lake level of 1240' or otherwise assure or provide that the water quality and water conditions of the Lake are adequate for recreational purposes. 3.05 Licensee hereby acknowledges the title of City and any other public agencies having jurisdiction thereover, in and to the Premises and the permanent improvements located thereon, and covenants and agrees never to assail, contest or resist said title. 4. TERM 4.01 The Term of this Agreement shall commence upon the signature of both parties and shall automatically terminate and expire on March 28, 2011. All extensions, if any, shall be in writing and executed by Licensee and City. ,,,,",, 4.02 In the event Licensee holds over beyond the Term herein provided without the express consent of City, consideration to the City during such hold over shall be consistent with the schedule of consideration provided for hereinafter in Sections 5.01 and 5.02. 4.03 Operation of the Authorize Programs may require certain amendments to the City Municipal Code and modification to the regulations affecting the Premises. In executing this Agreement, the City makes no warranty or representation that the City will make such amendments or modification. Accordingly, failure of the City to take action to make such amendments and modifications shall not constitute a breach of this Agreement but are rather a condition precedent. Accordingly such failure shall render this Agreement null and void. 5. CONSIDERATION ""..- 5.01 In consideration for the use granted herein, Licensee shall pay the City the sum of ten percent (10%) of Gross Receipts from the collection of fees for Licensee's Authorized programs conducted upon the Premises. ACENDA ITEM NO. PACE 13 lR OF :1.;1- 5.02 The amounts due shall be paid to City by the 15th of the following month of the completion of each month of operation, in which a copy of all receipts must accompany payment. Failure to pay timely shall result in a late fee of 10% of the total due and if not paid within thirty (30) days of the due date, interest shall accrue at a rate of 10% per annum. Failure to pay such fees and any applicable interest within ten (10) days of the date of written notice thereof shall be deemed to be a default by Licensee hereunder. ...., 5.03 Payment shall be made by check or draft issued and payable to the City of Lake Elsinore, and mailed to City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, CA 92530 or such other place as may hereafter be designated in writing to the Licensee. 6. ACCOUNTING RECORDS 6.01 Licensee shall be required to maintain a method of accounting which shall, to the satisfaction of the City, correctly and accurately reflect all of Licensee gross receipts in connection with the authorized operations. City shall have the right to inspect and audit such records upon reasonable notice to the Licensee. City shall also have the right to inspect Licensee's federal and state tax returns. ...., 6.02 Licensee shall record all sales and/or fee collections and shall issue a receipt thereafter reflecting the amount received. 7. OPERATING RESPONSIBILITIES 7.01 Licensee shall conform to and abide by all City ordinances and all State and Federal laws and regulations, insofar as the same or any of them are applicable, and where permits and/or licenses are required for the use and/or any construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction thereover. ........, ACENDA IT~ '11"- ~ PAGE OF - ,"""'" 7 .02 Licensee shall comply with and abide by the established Lake Elsinore Boating Rules as approved by the City Council. 7.03 Licensee agrees to prohibit any loud, boisterous or disorderly persons to loiter about the Licensee's vessels or the Premises as related to the Authorized Programs. 7 .04 Licensee shall prohibit any illegal activities to be conducted upon Licensee's vessels or the Premises in relation to the Authorized Programs. Licensee, when reasonable, shall assist lake patrol/operations staff in reporting of potential Lake Boating Rule violations. 7.05 Licensee shall not interfere with the public use of Lake Elsinore or any public properties utilized and approved by this Agreement or subsequently approved by the City Manager in accordance herewith. ",.- . 7.06.01 Licensee shall be responsible for maintaining its vessels in good and substantial repair and condition. 7.06.02 Licensee shall provide proof of passage of annual safety inspection of its vessels by the qualified State or Federal agency prior to operation and annually thereafter. If State and Federal agencies decline to make such an inspection, the City or its designated agent may enter and inspect the vessels at any time and from time to time to verify License's compliance with the terms and conditions of this Agreement and that the vessels are in compliance with generally accepted safety standards along with Federal and State Regulations applicable to vessel of this type operating in the coastal waters of the State of California. 7.07 The Premises shall not be used for human habitation. 7.08 Licensee shall immediately correct any unsafe condition on the Premises, ,,--. as well as any unsafe practices occurring thereon. Licensee shall contact emergency . lo ACENOA\1EM~'- ~ PAOEJ -::> -._9F - - medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Premises or a vessel. Licensee shall cooperate fully with City in the investigation of any accidental injury or death occurring on the Premises, including a prompt report thereof to the City Manager. ..."., 7 .09 The Licensee shall submit a standard fee schedule used for assessing fees to its clients for its Authorized Programs conducted on the Premises. 7.10 Licensee shall maintain an adequate and proper staff who shall be responsible to maintain the guidelines and policy set out by Licensee and City. The City Manager may at any time give Licensee written notice to the effect that the conduct or action of a designated employee of Licensee is, in the reasonable belief of the City Manager, detrimental to the interest of the public. Licensee shall meet with the City Manager to consider the appropriate course of action with respect to such matter, and Licensee shall take reasonable measures under the circumstances to assure the City Manager that the conduct and activities of Licensee's staff will not be detrimental to the interest of the public. ....., ~ INDEMNIFICATION 8.01 Licensee agrees to indemnify, defend, assume all liability for and hold harmless, the City, its agents, officers, employees and designated beneficiaries from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage including damage to City property and equipment, arising from or connected with Licensee's operation, or its services hereunder, including any workers' compensation suits, liability, or expense, arising from or connected with services performed on behalf of Licensee by any person pursuant to this Agreement. Licensee's duty to indemnify the City shall survive the revocation or termination of this Agreement. 9. INSURANCE ..."., \ 0 AGENDA ITEM NO. - PAGE_lIP OF~ ".,..- 9.01 Without limiting Licensee's indemnification of the City its agents, officers, employees and designated beneficiaries, Licensee and all of Licensee's subcontractors, and vendors shall provide and maintain at its own expense during the term of this Agreement the following program of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the City and evidence of such programs satisfactory to City shall be delivered to the City Manager, on or before the effective date of this Agreement. Such evidence shall specifically identify this Agreement and shall contain the express condition that City is to be given notice at least thirty (30) days in advance of any modification or termination of any program of insurance and/or self-insurance status: ----- General Liability A program including, but not limited to, general liability endorsed for water craft, covering use of boat(s) for cruises, passengers, and special events with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by City and shall name the City of Lake Elsinore its agents, officers, employees and designated beneficiaries as an additional insured. Workers' Compensation A program of Workers' Compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California including Employers Liability with a $1,000,000 limit per accident which specifically covers all persons providing services by or on behalf of Licensee and all risks to such persons under this Agreement. 9.02 Failure on the part of Licensee to procure or maintain required insurance shall constitute a material breach of contract under which City may immediately terminate or suspend this Agreement or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by City ,"--' AGENDA ITEM NO. \.p PAGEj1 OF ~d-._ shall be repaid by Licensee to City upon demand. Conduct of the operation shall not commence until Licensee has complied with the aforementioned insurance requirements. ~ 10. ASSIGNMENT AND SUBLETTING 10.01 Licensee shall not assign in part or in whole sublicense, or otherwise transfer its rights under this Agreement. Any attempt by Licensee to assign or otherwise transfer its rights under this license shall be void and Licensee shall remain liable to City for performance of all Licensee's obligations under the terms of this Agreement. 11. NON-DISCRIMINATION AND CIVIL RIGHTS COMPLIANCE 11.01 Licensee hereby certifies and agrees that it will comply with Title IV of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title 43, Part 17 of the Code of Federal Regulations, Subparts A and B, to the end that no persons shall on the grounds of race, creed, color, national origin, political affiliation, marital status, sex, age or handicap, be subjected to discrimination under the privileges and use granted by this Agreement or under any project, program or activity supported by this Agreement. ~ 11.02 Licensee certifies and agrees that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age or handicap and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the State Fair Employment Practices Act. 11.03 Licensee certifies and agrees that subcontractors and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age or handicap. """ AGENDA ITEM NO. ~ PAGE_I X OF ,,-.. 11.04 All employment records shall be open for inspection and reinspection at any reasonable time during the term of this Agreement for the purposes of verifying the practice of non-discrimination by Licensee in the areas heretofore described. 11.05 If City finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which City may determine to cancel, terminate, or suspend this Agreement. While City reserves the right to determine independently that the non-discrimination provisions of this Agreement have been violated, in addition, a determination by the California Fair Employment and Housing Department or the Federal Equal Employment Opportunity Commission that Licensee has violated State or Federal non-discrimination laws or regulations shall constitute a finding by City that Licensee has violated the non-discrimination provisions of this Agreement. 11.06 The City and the Licensee agree that in the event Licensee violates the ,_ non-discrimination provisions contained herein, City shall, at its option, be entitled to a sum of Five Hundred Dollars ($500.00) pursuant to California Civil Code 1671 as liquidated damages in lieu of canceling, terminating or suspending this Agreement. Licensee further agrees that Five Hundred Dollars ($500.00) is a reasonable sum under all of the circumstances existing at the time of this Agreement. g DEFAULT BY LICENSEE 12.01 In the event Licensee fails to pay the amount due in consideration for the use granted herein, in the manner and amount set forth hereinbefore, or in the event Licensee fails to keep, perform, and observe all other promises, covenants, conditions, and agreements set forth in this license on its part to be kept, performed, or observed, then City shall have the right to terminate this Agreement by written notice to Licensee upon failure by Licensee to cure such breach within the applicable cure period as set forth in Sections 5.02 and 7.06.01 and to recover from Licensee the balance of the unpaid fee at the time of the breach together with (a) the amount of fees to which the City would be --- entitled during the remaining term of the Agreement, (b) any damage to the Premises, and tl AGENDA ITEM NqO._ ~ PAGE) _OF~ (c) attorney's fees and costs of suit in recovering any portion of the above amounts from Licensee. ~ CANCELLATION 13.01 This Agreement may be terminated for cause by either party in accordance with the terms and conditions herein and upon sixty (60) days written notice to the other party. 14. CONDITION PRECEDENT 14.01 Commencement of the Authorized Program on the Lake no later than June 30 is a condition precedent to this Agreement unless such condition precedent is expressly waived in writing by the City manager. Q RIGHT OF ENTRY 15.01 Any officer and/or employee of City may enter upon the Premises at any and all reasonable times for the purpose of determining whether or not Licensee is complying with the terms and conditions of the Agreement, or for any other purpose incidental to the rights of duties of City. ~ INTERPRETATION 16.01 The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 16.02 The heading herein contained are for convenience and reference only and are not intended to define or limit the scope of any provision thereof. 16.03 "City Manager" shall mean the City Manager or City Manager's designee. AGENDA \TEM NO. PAGE ~O """'" '-"" "'-III LP OF_~..- I""""' 17. CITY'S RETENTION OF RIGHTS 17.01 In the interest of safety to patrons at Lake Elsinore as determined by the City Manager, the City hereby retains the right to restrict the number and type of watercraft utilized by Licensee and its staff during its operation. ~ CONTRACT ENFORCEMENT AND AMENDMENTS TO THIS AGREEMENT 18.01 The City Manager of City shall be responsible for the enforcement of this Agreement on behalf of the City and shall be assisted therein by those officers and employees of City having duties in connection with the administration thereof. Where approval by the City is required by the terms of this Agreement, such approval may be given by the City Manager of City or his designee, unless specifically stated otherwise. The City Manager may, in his sole and absolute discretion, present any issue requiring City approval to the City Council. I""""' 18.02 In the event either party commences legal proceedings for the enforcement of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and costs incurred in the action brought thereon. 18.03 This Agreement may be modified only by written agreement between the City and the Licensee. City Council hereby authorizes the City Manager to act on its behalf in negotiations, approval, preparation and execution of any modification deemed necessary by said officer in the proper administration of this Agreement. City Manager shall consult with appropriate City employees and officials in preparation of such contract amendments and in all circumstances involving a change in the consideration to be paid hereunder or other material change as determined in the sole discretion of the City Manager shall obtain City Council's approval as to form prior to execution of final document(s). Any such modification shall not be effective unless and until executed by Licensee, and in the case of City, approved and executed by the City Manager. .",--.. ACENDA ITEM NO. \.f PACE ;2.1 OF ~~ 19. ENTIRE AGREEMENT 19.01 This document, and the exhibits attached hereto, constitutes the entire agreement between the City and Licensee for the authorized operations and use granted herein upon Lake Elsinore. All other agreements, promises and representations with respect thereto, other than contained herein, are expressly revoked, as it has been the intention of the parties to provide for a complete integration within the provisions of this document, and the exhibits attached hereto, the terms, conditions, promises and covenants relating to the Licensee's operation and the Premises to be used in the conduct thereof. ....." , 2006 CITY OF LAKE ELSINORE, a municipal corporation . By: Mayor ATTEST: ..." City Clerk APPROVED AS TO FORM: City Attorney , 2006 Food Frenzy By: Shawn Hill Its: ..." AGENDA tTEM NO. II PAGE ~ OF ,Jd.- ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: MARCH 28, 2006 SUBJECT: REQUEST FOR APPROVAL TO SELL ALCOHOL ON LEVY BACKGROUND ~ On June 1 - 5,2006, the Western States Cup/Pacific Coast Entertainment will host the Lake Elsinore Action Sports Fest in the Inlet Channel and on the Levy. This event will offer a combination of Jet Ski Races, BMX, Skateboard and Freestyle Motocross Demonstrations and entertainment. DISCUSSION The organizers met with the Special Events Committee to discuss the event and one of their requests was to be able to sell alcohol on the Levy during the event. Since the Levy is a city facility similar to a park, City Council approval is needed to sell/serve alcohol at the site; Lake Elsinore Municipal Code 9.28.030. /'" A letter from the organizer of the event is attached asking for permission to sale alcohol on June 3rd and 4th and outlining their plans for distribution and enforcement. Their plan is to partner with a community organization and share the profits. Approval of a wine garden and a Micro Brew Garden is being requested along with draft beer sales. No hard liquor will be sold. All beverages will be sold in plastic cups or plastic bottles. Security guards will be onsite to monitor the gardens and the exits. No coolers or alcohol will be permitted past the entrance gate and no alcohol will allowed to leave the event. AGENDA lTEM NO._.J~ PACE_ \ _OF~ REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 2 ....." FISCAL IMPACT No fiscal impact RECOMMENDA TION Staff recommends that City Council consider the request by the Western States Cup/Pacific Coast Entertainment to sell alcohol on the levy during the Lake Elsinore Action Sports Fest. PREPARED BY: ~~ APPROVED BY: DAVID W. SAPP, DIRECTOR OF COMMUNITY SERVICES ....." APPROVED FOR AGENDA BY: ....." _.."- I .. ^~"'MD')\ iTF".' I.l'~", ---..----" rh=l~ ~~~~:". '~-=~F 3---- 2m5 Westem~CllpTour LakeElsitneActimSJXI1s~ WnrJBeer~ P1eparec1 fer. Lake Elsinore City Council Date: 3/21/2006 In conjunction with the Action Sports Festival, WSC requests permission to sell beer and wine. Sales would take place on Sat June 3 and Sun. June 4. The plan and procedures are listed below: /""" Partnering with the Rotary Club or other Community Organization. We are currently in talks with the Rotary Club and awaiting a final agreement. In the event that this fails, we will be negotiating with another organization or with a local caterer. Sales will consist of a wine garden and a Micro Brew Garden. Additionally there will be draft beer sales. NO HARD LIQUOR SALES. · ID procedures will consist of a special booth, near the entrance, where everyone wishing to consume alcoholic beverages, must present a valid ID. Upon presenting the valid ID, the patron will receive a wristband which must be worn at all times in order to purchase and consume beer or wine. All staff involved in the beer or wine will be educated on the rules and the importance of monitoring the process. Our security guards, some roaming, will be monitoring guests. One security guard will be dedicated to the Beer Garden and Wine Garden area. Upon entrance to the festival, guests will be limited to a small bag - NO COOLERS, NO ALCOHOL, and ONLY plastic, sealed bottled water. Upon exiting, guests will not be allowed to take Beer or Wine from festival site. Rules will be posted at the entrance and at the ID booth All beverages will be served in plastic cups or plastic bottles. (Would like to have commemorative wine glasses for wine, but it is not necessary.) Recycle containers will be placed throughout the festival in addition to trash containers. We will be working with the California Dept. of Conservation in their recycle program. In the event of an intoxicated guest, we will work with the Riverside County Sheriffs and have them escorted from the festival. Insurance will be provided under our APBA guidelines. The City of Lake Elsinore will be listed as an additionally insured. Insurance will cover the sell of alcohol. We are committed to having a safe and enjoyable event for all involved for years to come. Respectfully Requested, ,- Terry Winnett Tour / Event Manager Western States Cup - Lake Elsinore Action Sports Festival. AGENDA ITEM NO. PAC~ :3 -, OF 3 ,,--. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: MARCH 28, 2006 SUBJECT: 2005 PUBLIC SAFETY ADVISORY COMMISSION ANNUAL REPORT BACKGROUND At its regular meeting in March, the Public Safety Advisory Commission approved the attached 2005 PSAC annual report to forward to the City Council. DISCUSSION . ----, Section 2.46 of the Lake Elsinore Municipal Code, which lists the duties of the Public Safety Advisory Commission, states that the PSAC shall report to the City Council on at least a quarterly basis. This condition is met with periodic oral and written reports to the Council and an annual report summarizing the preceding calendar year. FISCAL IMPACT None. RECOMMENDA TION Receive and file. PREPARED BY: Mark Dennis, Information/Communications Manager APPROVED FOR AGENDA BY: AGENDA ITEM NO. ~ PAGE -'-- OF Y --- PUBLIC SAFETY ADVISORY COMMISSION RON HEWISON, CHAIRMAN RAY KNIGHT, VICE-CHAIRMAN VALERIE SUND WILLIAM J. ARNOLD III AxEL ZANELLI ......, TO FROM DATE SUBJECT LAKE ELSINORE CITY COUNCIL RON HEWISON, CHAIRMAN MARCH 8,2006 PUBLIC SAFETY ADVISORY COMMISSION 2005 ANNUAL REPORT The Public Safety Advisory Commission is pleased to present this summary of activities and actions for calendar year 2005. This report covers the second year of the PSAC since adoption of Ordinance 1116 by the City Council on March 9, 2004, which reestablished the Commission later that same year. Except for the first-time Chairman and Vice Chairman, PSAC Commissioners serve for two year terms. As of January 1,2005, the standing members of the PSAC and respective terms were: Dan Uhlry, Chairman .......................................July 1,2004 to July 1, 2005 Michael Lewis, Vice Chairman ........................July 1, 2004 to July 1,2005 William J. Arnold, III ....................................... Oct. 13, 2004 to July 1, 2006* Ray Knight........................................................July 1,2004 to July 1,2006 Ron Hewison ....................................................July 1,2004 to July 1,2006 '-"'; * Appointed to complete the unexpired term of Commissioner Raymond Moon Section 2.46 of the Lake Elsinore Municipal Code lists the duties of the Public Safety Advisory Commission. Under Section A the PSAC serves to: Establish a conduit of information from residents and business...using public meetings, the City's Web site, print information and community outreach. During 2005, the Commission met all its communication objectives stated in Section A. In January, the first printing of the Public Safety Advisory Commission brochure was completed at a cost of $3,380 (35~ per piece). In February, the PSAC Web page was launched as part of the City's Web site at a cost of$I,350. Two public outreach meetings have been held and two information mailings have been prepared under the auspices of the PSAC. More information about these is included further on. On March 24, Chairman Dan Uhlry tendered his resignation from the PSAC, effective April 1, 2005. Michael Lewis served as Chairman and William Arnold as Vice Chairman until July 2005, when the inaugural terms expired for both the Chairman and Vice Chairman. ......, 130 SOUTH MAIN STREET. LAKE ELSINORE. CA 92530 PH: 951.674.3124 WWW.LAKE-ELSINORE.ORG/PSAC ~ ~~~r:.:J. ~ ~ r:i.,...n~_ = Public Safety Advisory Commission City of Lake Elsinore March 8, 2006 Page 2 of3 /""' The PSAC was reorganized in July. New officers include Ron Hewison, Chairman, and Ray Knight, Vice Chairman. To fill the expired terms of Commissioners Uhlry and Lewis, two new Commissioners were sworn m: Ms. Valerie Sund ....................................................... July 1, 2005 to July 1, 2007 Mr. Axel Zanelli. ....................................................... July 1, 2005 to July 1, 2007 In August, the PSAC drafted new goals and objectives (see Attachment A). These goals were reviewed by the City Council and PSAC at a joint study session on August 30, 2005. Public safety on the Lake and shoreline perimeter was a PSAC priority in 2005 and continues to be monitored by the Commission. Last year, at the recommendation of the PSAC, the City contracted for an independent lake safety assessment. The Recreational Aquatic Safety Assessment report was prepared by a consultant doing business as Aquatic and Safety Recreation Group. Implementing the report recommendations was the subject of a PSAC study session in August and again in September. Also in September, the PSAC arranged an inspection tour of the Lake to assess shoreline perimeter conditions and safety issues regarding the inlet channel, operations island and levee system. The PSAC commended the knowledge and dedication of Lake and Aquatic Resources Director, Pat Kilroy, who has worked closely with the PSAC and who is tasked with implementing the shoreline safety plan in several phases. Public outreach opportunities have allowed the PSAC to fulfill its mission as the eyes and ears of citizens and businesses in order to serve as an information conduit to City Hall. In March, the PSAC ./""' attended a neighborhood meeting in the Reflections tract to hear neighborhood concerns about sex offenders in the community, as disclosed under Megan's Law. The meeting was attended by Mayor Magee and Police Chief Fetherolf, CSO Beth DeCou, Code Senior Enforcement Officer Carol Gordon and PSAC members Lewis and Hewison. The neighborhood meeting was organized by Ms. Valerie Sund, who was appointed by the Council to the PSAC as a result of her involvement with Neighborhood Watch. PSAC Commissioners attended a second public outreach meeting in the Reflections tract in October. The meeting was also organized by Valerie Sund under the auspices of the local Neighborhood Watch program. The meeting was attended by Mayor Magee, Deputy Jim Rayls and Sgt. Smith. Chairman Ron Hewison and Commissioner Sund attended on behalf of the PSAC. To promote the PSAC to residents and businesses, a second printing ofthe PSAC brochure was distributed in September, at a cost of $2,879. A total of 8,000 brochures were inserted in the City's waste disposal bills at no additional cost to the City, courtesy of CR&R. Assisting the City with its Emergency Preparedness planning and disaster preparedness outreach is also a stated goal of the PSAC. In October, the PSAC held a study session with City staffto review the existing Emergency Preparedness Plan and to hear about the City's internal initiative with the newly created Emergency Preparedness Task Force. Their mission is to equip and train City staff, as well as contract workers on emergency preparedness procedures and practice exercises. Once this is completed the PSAC will examine the City Disaster Preparedness Plan. The internal City plan may be modified for r--. distribution to businesses in town. The PSAC also plan to distribute a Household Emergency Preparedness leaflet to homeowners in the coming months. PSACannualreport05 _ correctedfinal I&GSIG\,.... PNf.I5 C( '" y Public Safety Advisory Commission City of Lake Elsinore March 8, 2006 Page 3 of3 Communicating with residents who are likely to be affected by lake flooding is one lesson learned after the wet season of 2004. In 2004, the lake rose 20 feet and caught many shoreline residents off-guard. In the winter of2005, the PSAC took a proactive approach to communicating with lake shoreline property owners and residents. The PSAC initiated a mailing to 259 shoreline households to inform them of flood precautions related to the Lake Elsinore Management Project and critical lake elevations. The PSAC received excellent cooperation from the County of Riverside, which was coordinated through First District Supervisor Bob Buster's office. Several lake perimeter residents expressed appreciation for the PSAC's commitment to providing detailed and useful information on flood precautions and resources for flood assistance. The PSAC publicly expressed its appreciation for the efforts of Supervisor Buster's Legislative Assistant Wendy Kolk for securing approvals from County officials to keep the PSAC mailing on schedule. ......., PSAC were asked to review the feasibility of Lake Elsinore forming a Citizen's Action Patrol. During late 2004 the PSAC heard presentations and held a study session to consider this topic. In early 2005 the Commission determined, and recommended to City Council, that no action be taken on this at this time. It was further suggested that this be reviewed again at a future date. Formulating recommendations for improving and toughening City ordinances focused on three areas: controlling large parties or gatherings; reviewing the shoreline overlay ordinance; and enforcing parking restrictions in neighborhoods. The PSAC has a special interest in seeing the City's large parties ordinance be revised following an incident that required multiple police calls to a residential party that escalated into a dangerous street brawl and shooting. At the recommendation of the PSAC, with Council approval, the City attorney is currently reviewing and updating this ordinance to include more proactive '-' language. In addition, the PSAC have carried out an initial review of the shoreline overlay ordinances and will be addressing this in more detail shortly. An analysis of the vehicle parking ordinances has been completed and will be the basis of a PSAC Study Session on March 22, 2006. To help make the PSAC operate more effectively, the PSAC suggested restructuring the PSAC ordinance language to make it more consistent with the Planning Commission terms of office (e.g., four years), and to improve the protocol for meetings, reorganization of officers, and Council/PSAC interaction. The City Attorney will incorporate these "clean up" recommendations into the ordinance and present to Council for consideration at the Policy Study Session on March 22, 2006. In conclusion, the PSAC has enjoyed a successful second year, despite some minor inconsistencies in commission procedures and protocol, which are being addressed by the City Council as part of a comprehensive update of City Council policies. The PSAC members wish to thank the City Council for supporting them and allowing these community volunteers the opportunity for public service. ......., PSACannualreport05 _ correctedfinal ~~... PAGE 'C; Of <{ .".IT: CITY OF LAKE ELSINORE ,.--... REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28, 2006 SUBJECT: RESOLUTION OF INTENTION TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 18 (APNs 377-231..013 AND -014) BACKGROUND ",-.... On August 12,2003 the City Council approved Resolution 2003-37 establishing Community Facilities District No. 2003-1 (Law Enforcement, Fire, and Paramedic Services). The district levies a special tax for public safety costs above what already exist in the district. The City is requiring undeveloped parcels within the City that are developed with four or more residential dwelling units to be annexed into the service district. As a condition of approval, the City has required the project located on APNs 377- 231-013 and -014 to be annexed into the Community Facilities District No. 2003- 1. DISCUSSION A special tax will be levied in the amount of $318.36 per single family dwelling unit for fiscal year 2006-07. The amount of the special tax assessment maximum increases two percent annually. .".......... The project located on APNs 377-231-013 and -014 will add 4 single family dwelling units to the exiting district boundary and generate about $1,273 annually once all the homes are built. The map of the proposed boundary is attached. AGENDA I1EM NO. CJ PACE-L-OF~ REPORT TO THE CITY COUNCIL MARCH 28, 2006 PAGE 2 FISCAL IMPACT The cost of law enforcement and fire services is approximately $750 per single family dwelling unit. For each SFD unit, only-about $100 to $150 of property tax dollars will be generated. Property tax and other revenues that will be generated from the residents are not sufficient to fund the cost of public safety services and therefore the CFD 2003-1 special tax levy of $318.36 will assist the funding of the increased public safety service where the property tax is deficient. PROCESS The annexation into the district requires a specific process as outlined in the attached resolution. The City Council will need to hold a public hearing on the annexation into CFD 2003-1 and the participating property owner will have the opportunity to vote. The public hearing can be scheduled for May 9,2006. RECOMMENDATION It is recommended that City Council: 1. Adopt the resolution of intention to Annex Property from Annexation Area No. 18 (APNs 377-231-013 and -014) into the CFD 2003-1 2. Schedule the public hearing on Annexation Area No. 18 (APNs 377-231-013 and -014) for May 9,2006 PREPARED BY: INISTRATIVE SER VICES APPROVED FOR AGENDA BY: AGENDA RBI NO. PAGE ~ ....., ....., -...."" y OF --Ll- ,,--.. PROPOSED BOUNDARY OF ANNEXATION NO. 18 TO COMMUNITY FACILITIES DISTRICT No. 2003-1 OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ,--- F1l.ED IN THE OFFICE: 01' THE CITY lURK 01' THE aTY 01' LAKE ElSINORE THIS ----PAY 01' -----2OClG. aTY ClERK 01' THE aTY 01' lAKE El.S/HOIlE SCAlE: 1.- 20' I HEREBY CERtIFY THAT THE llITHIN MAP SHOllING THE PROPOSED BOUNDARIES 01' ANNEXA liON NO. 18 TO COIo/\IUN/TY .ACa.J1lES DlS1RICT NO. 2~I, aTY 01' LAKE ElSINORE. COUNTY 01' RlllERSlDE. STAlE 01' CAUI'ORN/A WAS APPROWD BY THE aTY COUNCIl 01' THE aTY 01' lAKE ElSINORE: AT A RE~ Y SCHEDUI.EO IAEE1ING THEREOI', HElD ON THE _ DAY 01' 2008. BY ITS RESOlUlION No. aTY ClERK 01' THE aTY 01' LAKE ElSINORE F1l.ED THIS _ DAY 01' ~ 2006. AT THE HOUR 01' O'Q.OCIL-II. IN ~ 01' MAPS 01' ASSESSMENT AND caAll.lNlTY .AaU1IES DIS1RICTS PAGE NOS-lHRDlIGIL- AS INSlRUMENT NO~ IN THE OFFICE 01' THE COUNTY RECORDER IN THE COUNTY 01' R/\'ERSIllE, 57A lE 01' CAUI'ORN/A. COUNTY RECORDER 01' THE COUNTY 01' R/\IERSlOE FEE __ REFDlENCE THE R/\'ERSlDE COUNTY ASSESSOR'S MAPS .OR A DETAILED DESCRIP1JON 01' PARCEl. UNES AND DIMENSIONS .~ PROPOSED BOUNDARY MAP DISTRICT BOUNDNlY _HARRIS &: ASSOCIATES 30 Ex_ Port, Sullo 150 _!MM. CA 92114 (U') 155-3900 . fAX CUt) 655-3"5 Anne"aUon No, 18 to CommUDity 'aeiliUee Diatriet No. 2003-1 of the City of Lake Bl8iDore (La" Enforcement, Pi.... and Paramedic Sanieee) County of myeraide, California q Bb_ AGINOA ITEM NO. PACE OF-U- VICINITY MAP NO SCAU: WIEl!ID. RESOLUTION NO. 2006-:i1L RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 18 (APNs 377-231-013 AND -014) ....." WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has established City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the "Act"); and WHEREAS, the District will finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District through the formation of the District subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the District; and WHEREAS, the Council has provided for the annexation in the future of territory ....." (the "Future Annexation Area") to the District pursuant to the terms and provisions of the Act; and WHEREAS, the City has received a Consent and Waiver from Shawn McElvogue requesting annexation of property owned by Shawn McElvogue, which constitutes a portion of the Future Annexation Area, into the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Council hereby determines to institute proceedings for the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into the District under the terms of the Act. The exterior boundaries of the area to be annexed (Annexation Area No. 18 (APNs 377-231-013 and -014)) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled "Proposed Boundaries, City of Lake Elsinore, Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services), Annexation Area No. 18 (APNs 377-231-013 and -014)," which map indicates by a boundary line the extent of the territory included in Annexation Area No. 18 (APNs 377-231-013 and -014) and shall govern for all details as to the extent of Annexation Area No. 18 (APNs 377-231-013 and ...,; ACENDA ITEM NO. DI\r.C L/ q os: II ,..--' ~ ,""-'" CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of5 -014). On the original and one copy of the map of such Annexation Area No. 18 (APNs 377-231-013 and -014) on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in his office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California. SECTION 2. The map showing Annexation Area No. 18 (APNs 377-231-013 and -014), which area is to be subject to a special tax to be levied, is hereby approved and adopted. A certificate sha,ll be endorsed on the original and on at least one copy of the map of Annexation Area No. 18 (APNs 377-231-013 and -014), evidencing the date and adoption of this resolution. The City Clerk shall file the original of such map in his office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riversid~, State of California. SECTION 3. The name of the proposed annexation area shall be "City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services), Annexation Area No. 18 (APNs 377-231-013 and -014)." SECTION 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax") sufficient to finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 18 (APNs 377-231-013 and -014) prior to the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into the District and do not supplant services already available within the territory proposed to be included in the District, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the proposed Annexation Area No. 18 (APNs 377-231-013 and -014). The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit "A" attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) will not result in any change to the special tax rates levied in the District prior to such annexation. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property. q AGENDA ITEM NO. PAGE S OF-1l- CITY COUNCIL RESOLUTION NO. 2006-_ Page 3 of5 The maximum Special Tax applicable to a parcel to be used for private residential purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes, and such amount shall not be increased over time by an amount in excess of 2 percent per year. Under no circumstances will the Special Tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation Area No. 18 (APNs 377-231-013 and -014) by more than 10 percent. As specified by the Act, for purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. '-'" SECTION 5. A public hearing (the "Hearing") on the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) and the proposed rate and method of apportionment of the Special Tax shall be held on May 9, 2006, at 7:00 o'clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530. SECTION 6. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the proposed Annexation Area No. 18 (APNs 377-231-013 and -014), may appear and be heard. '-'" SECTION 7. Each City officer who is or will be responsible for the District, if it is established, is hereby directed to study the proposed Annexation Area No. 18 (APNs 377-231-013 and -014) and, at or before the time of the above-mentioned Hearing, file a report with the City Council, which is to be made a part of the record of the Hearing, containing a brief description of Annexation Area No. 18 (APNs 377-231-013 and -014) and his or her estimate of the cost of providing additional law enforcement, fire and paramedic services within the boundary of Annexation Area No. 18 (APNs 377-231-013 and -014). The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014), determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District. SECTION 8. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation Area No. 18 (APNs 377-231-013 and -014). The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special ,..., AGENDA ITEM NO. PACE " q OF ---LL- CITY COUNCIL RESOLUTION NO. 2006-_ Page 4 of5 ,...-- Tax shall be approved by the qualified electors of Annexation Area No. 18 (APNs 377- 231-013 and -014). SECTION 9. The City Clerk is hereby directed to publish a notice (''Notice'') of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation Area No. 18 (APNs 377- 231-013 and -014). Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 18 (Summerly) as provided in Section 5339.5 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. SECTION 10. The voting procedure with respect to the establishment of the District and the imposition of the special tax shall be by mailed ballot election. SECTION 11. This Resolution shall take effect from and after the date of its passage and adoption. ,...--. ,...-- AGENDA ITEM NO. q T PAGE 7 OF--1L- CITY COUNCIL RESOLUTION NO. 2006- Page S ofS PASSED, APPROVED AND ADOPTED this 28th day of March, 2006, by the following vote. "Wf//I' AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore "Wf//I' APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore "Wf//I' AGENDA ITEM NO. 1 - PACE g OF~ ~ EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX ~ ,"-" ACENDA ITEM NO. q PACE~OF--11- CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX .....", Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi-Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. .....", City. City of Lake Elsinore, California. Developed Multi-Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi-family Property. Fiscal Year. The period beginning on July I and ending on the following June 30. Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. ..., AGENDA ITEM NO. PAGE 10 q OF ~, ",--, Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year 2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. ~, The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. r- AGENDA ITEM NO. Cj PAGE~OF---LL- CITY OF LAKE ELSINORE .r-, REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28, 2006 SUBJECT: RESOLUTION OF INTENTION TO FORM COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX BACKGROUND ~ All new residential developments with 4 or more units are being conditioned to provide funding for on-going maintenance of parks, open space, and the storm drain system. The major developments, such as Alberhill Ranch, Summerly, and Rosetta Canyon, have incorporated these maintenance costs into their respective Bond CFDs as a services special tax component; therefore, there has been no need until now to create a separate CFD for parks, open space and storm drain maintenance. As a condition of approval, the City has required the project located on APNs 377- 231-013 and -014 to create a new CFD to fund these services. The district will levy a special tax for park, open space and storm drain maintenance costs above what is already available to the property. DISCUSSION A special tax will be levied in the amount of $242.00 per single family dwelling unit, $121.00 per multi-family unit, and $545 per acre for non-residential property for fiscal year 2005-06. The amount of the special tax increases two percent annually. /""'" The project located on APNs 377-231-013 and -014 generate about $968 annually once all the homes are built. The map of the proposed boundary is attached. \0 AOENDA rrEM NO. PAGEJ--OFJ a REPORT TO THE CITY COUNCIL MARCH 28, 2006 PAGE 2 ....., FISCAL IMPACT The cost of park, open space and storm drain maintenance services is approximately $300 per single family dwelling unit. For each SFD unit, only about $50 of property tax dollars will be generated. Property tax and other revenues that will be generated from the residents are not sufficient to fund the cost of parks, open space and storm drain maintenance and therefore the CFD 2006-5 special tax levy of $242 will assist the funding of the increased parks, open space and storm drain maintenance where the property tax is deficient. PROCESS The formation of the district requires a specific process as outlined in the attached . resolution. The City Council will need to hold a public hearing on the formation of CFD 2006-5 and the participating property owner will have the opportunity to vote. The public hearing can be scheduled for May 9,2006. ......., RECOMMENDATION It is recommended that City Council: 1. Adopt the resolution of intention to form CFD 2006-5 2. Schedule the public hearing for May 9,2006 PREPARED BY: MATT N. PRESSEY DIRECTOR OF AD INISTRATIVE SER VICES APPROVED FOR AGENDA BY: ......., ACENDA ITEM NO. \ 0 PACE Ck OF l~ ~ PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006-5 OF THE CITY OF LAKE ELSINORE (P ARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNTY OF RIVERSIDE. STATE OF CALIFORNIA ,..-, fllfD IN THE OfFICE ~ THE OTY ClERK OF THE OTY ~ lAKE ElSINORE THIS ---pAY ~ _200B. OTY ClDlK ~ THE OTY ~ LAKE ElSINORE SCALE: ,. = 20' I HEREBY CERTIFY THAT THE lWTHIN MAP SHOlllNG THE PROPOSED BOUNDARIES ~ COIAfUNJTY FAaLJllES D/511lfCT NO. 200ll-S (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE), OTY ~ LAKE ElSINORE. COUNTY OF R1~SlllE. STA lE ~ CAUf'ORNfA WAS APPROVED BY THE OTY COUNCIl. ~ THE OTY ~ LAKE ELSINORE: AT A REGUlARI. Y SCHEDUlLD MEEnNG THERE~, HElD ON THE _ DA Y ~ 2OOll. BY ITS RESOlUnON No. OTY ClERK ~ THE OTY ~ lAKE ElSINORE ,.- f1lED 11/15 _ DAY ~ ~ 2006. AT THE HOUR ~ O'Q.DaL..lI. IN B~ ~ MAPS ~ ASSESSlIENT AND COMMUNITY FAQUllES DfS1RlCTS PAGE N05.....-THR~ AS IHSTRlIWENT NO IN THE OffICE ~ THE COUNTY RECORDER IN THE COUNTY ~ R/lomSlllE. STAlE ~ CAUFORNIA. COUNTY RECORDER OF THE COUNTY ~ R1IomSlDE FEE '--- REFERENCE THE RI\omSlDE COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRlPnON ~ PARCEl. UNES AND DIMENSIONS PROPOSED BOUNDARY MAP VICINITY llAP NO SCAU: WiWQ DISlRICT BOUNDARY _HARRIS & ASSOCIATES 3.J Executlvt PorlI:. SuIte 150 _ amn.. CA 926t4 (m) 655-3900 . FAX (U.) "'-39t5 Community Facilities District No. 2006-5 of the Clt,. of Lake Blalnore (Parks, Open Space and Storm Drain Maintenance) Count,. of Rh>enlde, California _ AGBIDA ITEM NO. PAGE \0 OF...l ~ RESOLUTION NO. 2006-~ RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT ....., WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") intends to establish City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the "Act"); and WHEREAS, the Council intends to finance parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District through the formation of the District subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the District; and WHEREAS, the Council intends to provide for the annexation in the future of territory (the "Future Annexation Area") to the District pursuant to the terms and provisions of the Act. ~ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOL VE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Council hereby determines to institute proceedings for the formation of a community facilities district under the terms of the Act. The exterior boundaries of the community facilities district are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled "Proposed Boundaries, City of Lake Elsinore, Community Facilities District No. 2006-5 {Parks, Open Space and Storm Drain Maintenance)," which map indicates by a boundary line the extent of the territory included in the proposed community facilities district and shall govern for all details as to the extent of the District. On the original and one copy of the map of such District on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California. ....., \0 AGENDA ITEM NO. ~ PAGE 4-0F \ r"' SECTION 2. The Future Annexation Area, which area is to be subject to a special tax to be levied, shall be comprised of undeveloped parcels within the boundaries of the City, other than those parcels already within the boundaries of the proposed District, that require a discretionary approval for development of four or more dwelling units which are developed for private residential purposes. Such Future Annexation Area may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed. SECTION 3. The name of the proposed community facilities district shall be "City of Lake Elsinore Community Facilities District No. 2006-5 {Parks, Open Space and Storm Drain Maintenance)." SECTION 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax") sufficient to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax r"' levy. The Special Tax will be secured by recordation of a continuing lien against all non- exempt real property in the proposed District. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit "A" attached hereto and by this reference incorporated herein. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property. The maximum Special Tax applicable to a parcel to be used for private residential purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes, and such amount shall not be increased over time by an amount in excess of 2 percent per year. Under no circumstances will the Special Tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed District. As specified by the Act, for purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. SECTION 5. A public hearing (the "Hearing") on the establishment of the ..--..- District and the proposed rate and method of apportionment of the Special Tax shall be held on May 9, 2006, at 7:00 o'clock p.m., or as soon thereafter as practicable, at the AGENDA ITEM NO. PAGE _S \0 OF_\ -a chambers of the City Council of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530. ....." SECTION 6. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the proposed District, may appear and be heard. SECTION 7. Each City officer who is or will be responsible for the District, if it is established, is hereby directed to study the proposed District and, at or before the time of the above-mentioned Hearing, file a report with the City Council, and which is to be made a part of the record of the Hearing, containing a brief description of the District and his or her estimate of the cost of providing additional parks, open space and storm drain maintenance services within the boundary of the District. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the creation of the District, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District. SECTION 8. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in creating the District. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the ....." Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of the District. SECTION 9. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed District. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed District as provided in Section 53324 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. SECTION 10. The voting procedure with respect to the establishment of the District and the imposition of the special tax shall be by hand delivered ballot election. ....." AOENDA ITEM NO. PACE ~ \0 OF ..J.a- "........ PASSED, APPROVED AND ADOPTED this 28th day of March, 2006. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore "....., APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ,~ ACENDA ITEM NO. \ () PACE 7 OF \~ EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AGENDA ITEM NO. PAGE .~ ..." ..." " ..",., \0 OF\~ ,r- RATE AND METHOD OF APPORTIONMENT Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in City of Lake Elsinore Community Facilities District No. 2006-5 (parks, Open Space and Storm Drain Maintenance) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential Property or Developed Multi-Family Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions "Assessor's Parcel" means a parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. "City" means the City of Lake Elsinore, California. "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. ,,,......... "Developed Non-Residential Property" means all Assessor's Parcels for which a building permit was issued by the City for any type of non-residential use on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period beginning on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax that can be levied by CFD No. 2006- 5 in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006-5 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006-5 pursuant to the Act to fund the Special Tax Requirement. "......... "Special Tax Requirement" means the amount determined in any Fiscal Year for CFD No. 2006-5 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative AGENDA ITEM NO. PAGE 9 \0 OF _\~ Expenses, and (iii) anticipated delinquent Special Taxes based on the delinquency rate in CFD No. 2006- 5 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD ...." Administrator. "Unit" means each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of the Special Tax Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. The Maximum Special Tax for Fiscal Year 2005-2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Duration of the Special Tax The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council. Collection of the Special Tax ~ The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-5 may collect the Special Tax at a different time or in a different manner if necessary to meet its funding requirements. ...." ACENDA ITEM NO. PAGE \ a \0 OF \~ ,..- PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006-5 OF THE CITY OF LAKE ELSINORE (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNTY OF RIVERSIDE. STATE OF CALIFORNIA ,..- FUD IN THE ornCE OF lHE CITY a.ERK OF lHE CITY OF L4KE fiSlNORE THIS ---PAY OF---2008. CITY ClDlK OF THE CITY OF L4KE fiSlNORE SCAlE: ,. - 20' J HEREBY CERlIFY THAT lHE WITHIN IAN' SHOWING lHE PROPOSED BOUNOARJES OF COIIIAUNlTY FAClUTIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE ANO SltlRIA DRAIN IAAlNTENANCE). CITY OF L4KE fiSlNORE, COUNTY OF RI\o!RSlOE. STAlE OF CAUFllRNIA WAS APPRO\EO BY THE CITY COUNCIL OF lHE CITY OF L4KE ELSINORE: AT A REGULARLY SCHEOIII.ED IAffllNG THEREOF. HE1J> ON lHE _ DAY OF 2006. BY ITS RESOLUllON No. CITY a.ERK OF THE CITY OF L4KE fiSlNORE fiLED THIS _ DAY OF ~ 2006. AT lHE HOUR OF O.Q.OCl<.....IA. IN IlOOI<....- OF IAAPS OF ASSESSIIENT ANO COIIIAUNITY FAClunES D/SlRICTS PAGE NDS...-THROUGIL- AS INSTRUMENT NO. IN THE ornCE OF THE COUNTY RECORDER IN lHE COUNTY OF RlWlSlDE. STAlE OF CAUFORNIA. COUNTY RECORDER OF lHE COUNTY OF RIVERSIDE FEE '-- REFERENCE THE RI\'ERSIDE COUNTY ASSESSOR'S IAN'S FOR A DETAILED DESCRtPnON OF PARCEl LINES ANO DllAENSlONS ,..- PROPOSED BOUNDARY MAP VICINITY MAP NO SCALE ~ DISTRICT BOUNDARY _HARRIS & ASSOCIATES U E..cul". Park. SuItt 150 _ ....... CA .2614 (u.) 155-'100 . FAll CU.) 155-'''5 Community "acIliUe. D1etrict No. 2008-5 of the City of Lake Elllinore (Park.. Open Space and storm Drain Maintenance) County of Rlyenide. CalUornia NO. \0 PACE-1.L-OF~ ~ PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006-5 OF THE CITY OF LAKE ELSINORE (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNTY OF RIVERSIDE. STATE OF CALIFORNIA -- I I I '---i I I I I ~ ....." I -1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _.. I l_____. "1.-- , ill .t I *_1 I J I r '-L. /"=11ClII __.1'___ { .....", I I- I SCALE: 1.86000' aJRRDlT DISl1lICT IlOUNIlARY - - - _ FUtuRE ANNEXAlK*S PROPOSED BOUNDARY MAP ....." _HARRIS it ASSOCIATES 3-t Executive Pork. Sun. 150 _ lNInt, CA 92". ('49) 655-3.00 . FAX (.49) 655-3995 Community l'aclliUe. DllItrict No. 2006-5 of the Cit,. of Lake Eluon (Park., Open Space and Storm Drain Maintenance) Count,. of Rh'enide, CaUfornta \0 l'J ,,-- CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28, 2006 SUBJECT: PLANNING DIVISION PERSONAL SERVICES CONTRACT FOR THE INTERIM PLANNING MANAGER BACKGROUND The City of Lake Elsinore has been utilizing contract personnel to assist in the performance and provision of specialized planning duties in the Community Development Department for over a decade. .-, DISCUSSION As established in the previous Fiscal Year (FY) 2005-2006, the contracts for the Planners commence, expire and coincide with the City's budget cycle. Accordingly, this contract, if approved, would expire on June 30, 2006 at which time a new contract would be initiated. FISCAL IMPACT The proposed planning contract will generate minimal fiscal impact to the City in that the proposed contract for the Interim Planning Manager will fill an already budgeted position and that a portion of the time can be billed to a specific Cost Recovery System (CRS) number. RECOMMENDATION ,,-- It is recommended that the City Council authorize the City Manager to prepare and enter into contract with the contract staff (See attached Personal Services Contract) to provide specialized planning services on an annual basis. C:\Documents and Settings\msoto\Local Settings\Temporary Internet Files\OLK24\CC Staff Report Sandra Massa-Lavitt.doc ACENDA ITEM NO. \, PAGE \ OF lp REPORT TO CITY COUNCIL MARCH 28, 2006 Page 2 of2 ATTACHMENTS 1. Proposed Personal Services Contract 2. Exhibit A PREPARED BY: Rolfe Preisendanz, Director of Community Development APPROVED FOR AGENDA BY: P: \ CC Staff Report Sandra Massa- Lavin.doc ~ ....." ....." ACENDA ITEM NO. \ \ 'PACE_ ~ OF; b __. /""'"' . City of Lake Elsinore Community Development Department Planning Division EXHIBIT" A" Scope of Services City Planning Consultant Services Consultant agrees to provide professional urban planning and related consulting services for the City of Lake ~lsinore~s Community Development Department as directed by the Planning Manager and/or the Director of Community Development as.set forth below. It is understood based on the representations made by the Consultant that he/she is specially trained, experienced, and competent to perform the special services which will be required by this scope of services. In addition, it is understood that the consultant possesses the skill, experience, ability, background, certification and knowledge' to provide the services and the terms and conditions described herein: 1. Review and process Planning, Land Use, and Zoning applications as assigned by the' Planning. Manager and/or Director of Community Development based on the ~. level of complexity and expertise possessed by the Consultant Which may include but is not limited to Annexations, Design Review(s), Tentative Tract & Parcel ~aps (subdivisions), Specific Plans, Specific Plan Amendments, ZOJ?ing Code Amendments, Zone Changes, General Plan. Amendments, Variances, Conditional Use Permits and extensions of time for the above applications. 2. Prepare or cause to be prepa!ed by processing, managing, and monitoring the preparation of any environmental clearance document. pursuant to the California . Environmental Quality Act and related to the processing of any of the above referenced applications. 3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to the Planning Manager, Director of Community Development, Planning Commission and City Council. 4. Respond to. inquiries, both orally and in writing, interpret planriing policies, state laws, and local ordinances, explains division and department procedures. 5. Perform field inspections,. and attend conferences and meetings or other public functions as an ex-officio member of city's staff. ~ 6. If determined necessary, provide assistance at the public counter. U:\aviUa\miscfile\Exhibit A Planning Consultin~ Services.doc July 20. 2004 ACENOA ITEM NO. PAGE , \ \ OF (, PERSONAL SERVICES CONTRACT *********************************************************************************************************** THIS AGREEMENT made and entered into on March 28 .2006 . by the City of Lake Elsinore. a municipal corporation. party of the frrst part, hereinafter referred to as CITY. and ......., CONTRACTOR FOR USE BY CITY MANAGER'S OFFICE ONLY S::InilT" M"...::,,,-T "V; tt- S.S/E.I.N. NO. V~m# ~o~$ Acct. Purchase Order # Obj. Code MAILING ADDRESS 49271 Taylor Street CITY, STATE, ZIP PHONE NUMBER (760 ) 342-082(, City Division ACCT. To Be Chgd. Document Preparer Date Ext. or Telephone # Tnilin, r.A 9??nl party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From January 30 .2006 TO June 30 .2006 WITNESSETH: That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements. the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other related expenses; ~...... R...lnw ($) Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services description as Exhibit "A".) Interim Planning Manager. A rate of $90.00 ner hour and $0.405 per mile (for ....." mi 1 P"gP inl'l1TTPil nn Ci t-y business), based OR pr9VidiDg_~lIp \:e. ~g heurs per week. Time to. include "port to port" two way. TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights... 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that helshe is not an employee of the City of Lake Elsinore. 5. APPLICABLE LAW - This agreement shall be govemed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore. 7 . TERMINATION - This agreement may be terminated by CITY immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. 8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. ,..." (Signatures follow on next page) ACENDA ITEM NO. PAGE 4 it OF b *********************************************************************************************************** r- ilJRN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATfN: CITY MANAGER IN WITNESS WHEREOF, the Parti~Ji.L hereunt set th. and to this contract this '1ffi; . . of 20 CITY OF LAKE ELSINORE CONTRACTOR City Manager (Contractor Must Sign Here) #/m Department Director .",--... ******************************************************************************************************** NON-DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title vn of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. ",--, AGENDA ITEM NO. ~.\ . PAGE~OF b *********************************************************************************************************** RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: CITY MANAGER ....., IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of ,20_ CITY OF LAKE ELSINORE CONTRACTOR City Manager (Contractor Must Sign Here) Department Director *********************************************************************************************************** ~ NON-DISCRlMINA nON CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title vn of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. ~ ACENDA ITEM NO. PACe b OF I \ (; ,.,--. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28,2006 SUBJECT: PLANNING DIVISION PERSONAL SERVICES CONTRACT FOR THE PRINCIPAL ENVIRONMENTAL PLANNER BACKGROUND The City of Lake Elsinore has been utilizing contract personnel to assist in the performance and provision of specialized planning duties in the Community Development Department for over a decade. ,.,-- DISCUSSION Commitments and responsibilities relative to the California Environmental Quality Act (CEQA) and the Multiple Species Conservation Habitat Plan (MSHCP) have prompted a necessity to hire a contract "In-house" Environmental Planner. The duties of this position will be dedicated primarily to processing the Lake Elsinore Acquisition Process (LEAP) applications, reviewing environmental documents, providing direction to staff relative to CEQA and MSHCP, interfacing with the Regional Conservation Authority (RCA) and interacting with outside agencies. Approximately, eighty percent (80%) of this position will be billable to a specific CRS Accounts, with the remaining twenty percent (20%) non- billable. As established in the previous Fiscal Year (FY) 2005-2006, the contracts for the Planners commence, expire and coincide with the City's budget cycle. Accordingly, this contract, if approved, would expire on June 30, 2006 at which time a new contract would be initiated. ,--. C:\Documents and Settings\msoto\Local Settings\Temporary Internet Files\OLK24\CC Staff Report Wendy Worthy.doc AGENDA ITEM NO. \ :L s- PAGE ~OF REPORT TO CITY COUNCIL MARCH 28, 2006 Page 2 of2 ,..." FISCAL IMPACT The proposed planning contract will generate minimal fiscal impact to the City in that the proposed contract planner will be eighty percent (80%) billable and twenty percent (20%) non-billable. RECOMMENDATION It is recommended that the City Council authorize the City Manager to prepare and enter into contract with the contract staff (See attached Professional Services Contract) to provide specialized planning services on an annual basis. ATTACHMENTS 1. Proposed Contract PREPARED BY: Rolfe Preisendanz, Director of Community Development APPROVED FOR AGENDA BY: ,..." ""'" P:\CC Staff Report Wendy Worthy.doc AGENDA ITEM NO. \ ~ PAGE ~ OF S ,,-., . City of Lake Elsinore Community Development Department Planning Division EXHIBIT" A" Scope of Services City Planning Consultant Services Consultant agrees to provide professional urban planning and related consulting services for the City of Lake Elsinore's Community Development Department as directed by the Planning Manager and/or the Director of Community Development ~sset forth below. It is understood based on the representations made by the Consultant that he/she is specially trained, experienced, and competent to perform the special services which will be required by this scope of services. In addition, it is understood that the consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services and the terms and conditions described herein: ,""-- 1. Review and process Planning, Land Use, and Zoning applications as assigned by the Planning. Manager and/or Director of Community Development based on the level of complexity and expertise possessed by the Consultant which may include but is not limited to Annexations, Design Review(s), Tentative Tract & Parcel Maps (subdivisions), Specific Plans, Specific Plan Amendments, Zo~ing Code Amendments, Zone Changes, General Plan. Amendments, Variances, Conditional Use Permits and extensions of time for the above applications. 2. Prepare or cause to be prepa!ed by processing, managing, and monitoring the preparation of any environmental clearance document pursuant to the California Environmental Quality Act and related to the processing of any of the above referenced applications. 3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to the Planning Manager, Director of Community Development, Planning Commission and City Council. 4. Respond to inquiries, both orally and in writing, interpret planning policies, state laws, and local ordinances, explains division and department procedures. 5. Perform field inspections, and attend conferences and meetings or other public functions as an ex-officio member of city's staff. ,.- 6. If determined necessary, provide assistance at the public counter. U:\avilla\miscfile\Exhibit A Planning Consulting Services.doc July 20,2004 ACENDA ITEM NO. PAOE ?:> \:>- OF 5 PERSONAL SERVICES CONTRACT *********************************************************************************************************** THIS AGREEMENT made and entered into on M~TI'h 18 .20-00-. by the City of Lake Elsinore, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR Wendy WOTt:hy ......" FOR USE BY CITY MANAGER'S OFFICE ONLY S.S/E.I.N. NO. 494-74-8620 Vendor # Amount $ Acct. Purchase Order # Obj. Code City Division ACCT. To Be Chgd. Document Preparer Date Ext. or Telephone # MAILING ADDRESS 7895. Lake Andrita Ave CITY, STATE, ZIP Sanl'Diego, Ca 92119 PHONE NUMBER fi19 ) 890-2762 party ofthe second part, hereinafter referred to as CONTRACTOR. CONTRACTPEIDOD: ftom March 28 .2006 TO June 30 .20 06 WITNESSETH: That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other related expenses; See Below ($) Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services description as Exhibit "A".) A rate of $75.00 per hour and $0.405 per mile (for mileage incurred on City business), based on providing up to 40 hours per week. Addit:innal hnnTRm~y hp ~v~il~hlp ~~d ~ece88ary to carry out project loads contingent upon approval of the Director of Community Development. Paympnf" pTol'P....iT'lg willbegbl v,p9R~'preGeRt:at:iaR af a t:ime8he.d~ (fOrma.~;4S I"rvvlded dud C1ppr~ by the City), and invoice for services rendered. Task statement: (please see attached scope of 3ervlLe& dt<:>l;.LlpLlul.l iUi ~lb1~ "A"). TERMS AND CONDITIONS I. INDEPENDENT CONTRACTOR -It is understood that CONTRACTOR, in the perfonnance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights... 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience. and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON-ASSIGNMENT -It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTlFICA nON OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake Elsinore. 5. APPLICABLE LAW - This agreement shall be govemed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore. 7. TERMINA nON - This agreement may be terminated by CITY immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. 8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement. except working notepad intemal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. (Signatures follow on next page) ......." AGENDA ITEM NO. \ ~ PACE 4. OF 5 *****************************************************************************************************...*** ---- ETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATIN: CITY MANAGER IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of ,20 CITY OF LAKE ELSINORE CONTRACTOR City Manager (Contractor Must Sign Here) Department Director ,,-. ......................................................................................................... NON-DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. ,..-- , AGENDA 11iM NO. PACE~ OF J~ ~ ,-.... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28, 2006 SUBJECT: PUBLIC HEARING - FORMATION OF CFD 2006-2 (VISCA Y A) BACKGROUND On February 9,2006, the City adopted a resolution of intention to form Community Facilities District (CFD) 2006-2 (Viscaya) and a resolution of intention to incur ,...-..- bonded indebtedness to finance the facilities. ,,-- DISCUSSION The developer has requested that the public hearing for this matter be continued to the April 25, 2006, City Council Meeting. The developer is expecting changes to the development plan and marketing strategy that may affect the facilities to be funded and the special taxes to be levied in the proposed Community Facilities District. The developer would like the additional time to discuss these potential changes and there impacts with the City's Finance Team. FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by the $50,000 deposit made by the developer. AGENDA ITEM NO. J. \ PAOE-L-OF 3 REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 2 RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing 2. Continue the Public Hearing to April 25, 2006 PREPARED BY: ~~ MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: AGENDA ITEM NO. PAGE ~ ......., ~ ~ ~\ OF .3. ~ PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006-2 OF THE CITY OF LAKE ELSINORE (V1SCA Y A) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA --- LlHIr DELT. U 3B"/53 IlJ - If 12 ll3"Oll'J9 1.3 3B"/53'IlJ- . L4 ll3"Oll'J9- Ul 3S"ll3IlJ. LIJ /WIJ6 J 9- L7 3S"ll3llJ. LIJ ll3"fJ6'J 9" L9 N 3S"ll3IlJ . o Il3"OIl'J9- Ul N 3/1"/53'IlJ" . US ll3"O6 09 U3 N 3/I"ll31l1 . U4 N ll3"fJ6'19" UIl _'1l3' UII /WIJ6'B9" U7 _'34" LBNGTH 1014.1l0 58.54' 7ll.00' 101l.00 12O.0J 1011.00 00 40.00 1 .54 93.1111 110.00 93.1/3 447.00' 1l.2fI.311' fI2O.77' 837. RADIUS 1lO.00 1lO.00 ll3O.00 /530.00 1l30.00 470.00 100.00 4fI.00 4fI.00 4fI.00 LBNGTH 30.11 30.14 CURVE C1 C2 C3 C4 Cll CfI C7 C8 C9 CI0 DELT. 34"30 2fI 34.38 01 04 03"fl9 2fI 00"58 03 0'r1l919 4O"ll8 B9 24-00 07 11 311.91 8.911 8ll. 71.4fI 20.11 7r THE BOUNDARY OF THE DISTRICT CDfNClDES YtlTH THE BOUNDARY OF TRACT 32008 EXCLUDING LOTS 169,170,"-""- Y AND Z. SCALE: '"=200' ,,,-. PROJECT ^'~ SITEi:- ~ FlLED IN THE OfTICE OF THE CITY CLERI< OF THE CITY Of' LAKE ELSINORE THIS ---PAY Of' -----..2006. CITY CLERK OF THE CITY Of' LAKE ELSINORE I HEREBY CERTIfY THAT THE YtlTHIN MAP SHOYtlNG THE PROPOSED BOUNDARIES Of' COMMUNITY FAClUl1ES DISTRICT NO. 2006-2 (\olSCAYA). CITY Of' LAKE ELSINORE, COUNTY OF Rl_SIOE. STATE Of' CAUFORN/A WAS APPRO~ BY THE CITY COUNCIL Of' THE CITY OF LAKE ELSINORE: AT A REGUlARLY SCH.EOIJL[I) MEEl1NG THEREOf', HElD ON THE _ DAY OF 2008. BY ITS RESOlUnCW No.. CITY CLERK Of' THE CITY Of' LAKE ELSINORE ALED THIS _ OAY Of' ~ 2006. AT THE HOUR Of' O'CLOClL..M. IN BOOI<.- OF MAPS Of' ASSESSIIENT AND COMMUNITY FAClUl1ES DISTRICTS PAGE N05--THROtIGIL- AS INSTRUIlENT NO IN THE OfTICE Of' THE COUNTY RECORDER IN THE COUNTY OF R/IlERSlDE, STATE OF CAUFORNIA. COUNTY RECORDER OF THE COUNTY OF RlllERSlDE FEE '-- REFERENCE THE RI\lERSlDE COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRlPl10N OF PARCEL UNES AND DIMENSIONS PROPOSED BOUNDARY MAP VICINITY MAP NO SCALE WiEMI2 OISlllICT BOUNDARY _HARRIS a: ASSOCIATES 3~ Eltcutlve Park, Suite 150 _ IrIIn.. CA 92614 (U.) 655-310. . FAX (U.) 655-3995 Communit,y Facilltlee Dletrict No, 2006-2 of the Cit;y of Lake Eloinore (Vleca;ya) COUDt;y of Riverside, Calltornia .....AGEllDA ITEM NO. PAGE ~\ OF S ,,-.... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28, 2006 SUBJECT: PUBLIC HEARING - FORMATION OF CFD 2006-3 (LA STRADA) BACKGROUND On January 24,2006, the City adopted a resolution of intention to form Community Facilities District (CFD) 2006-3 (La Strada) and a resolution of intention to incur ,,-.... bonded indebtedness to finance the facilities. DISCUSSION The developer has requested that the public hearing for this matter be continued to the June 13,2006, City Council Meeting. The developer is expecting changes to the development plan and marketing strategy that may affect the facilities to be funded and the special taxes to be levied in the proposed Community Facilities District. The developer would like the additional time to discuss these potential changes and there impacts with the City's Finance Team. FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by the $50,000 deposit made by the developer. ,"""-- AGENDA ITEM NO. ..:2.. ~ PAGE-L-OF 3 REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 2 ......" RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing 2. Continue the Public Hearing to June 13,2006 PREPARED BY: ~~ MATI N. PRESSE~ DIRECTOR OF AD NISTRATIVE SERVICES ....." APPROVED FOR AGENDA BY: "'" AGENDA ITEM NO. ;:). ;;2. PAGE d . OF 3 - PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006-3 OF THE CITY OF LAKE ELSINORE (LA STRADA) COUNTY OF RIVERSIDE, S1 ATE OF CAUFORNIA Rn'I"I7"Il IIlIlIZ" l , APN: 363-0~008 t I ; .. .. i _'1O"Ir 1_' _47'a1" lur SCALE: '"-200' &>4 Iv Ili Ii fUll II 1HE oma: rE 1HE aTY CUIIIl rE 1HE aTY rE LAIC[ EI.SlNOIl[ 1HIS ----1JAY rE ___ aTY CUIIIl rE 1HE QTY rE LAICE ELSINClIlE , HEIIEIIY UIIlFY !HAT 1HE __ /IN' __ 1HE _ ..-s rE ClMIUNIJY FACaJ1IES IlISTIIlCT ~=-a~~~,wa~::CLNC[~A~~~~~~ 1HE _ flAy rE 2OIlI. BY I1S RDOI.II1lON .... QlY QDIK CF 1HE an aT lAICE' Q.SNIR[' fUll 1HIS _ flAy rE ~ 2OIlI. AT 1HE HOUR rE _ O.CI.OCIL..... II IIOOIt- rE - rE ASSUSIlEN1 NfIJ C3MIIITY FACaJ1IES lllSlIlICl5 PAIIE. NOS.-lHIKlllGtL- AS _1 .... II 1HE oma: rE 1HE ClIUfTY _ IN 1HI: CQlNTY rE NlOSIlI:. STAl[ rE CAIJI'-.o. COUNTY "'\oU'IUUI fE 1HE CGUN" OF RtftlQR& fIE '-- .. _ 1HI: RMIlSIIlC CQlNTY ASS[SSOR'S lIAPS Fat A /lETMSl DaCIIIP1ION rE PMaI. UNES NfIJ __ PROPOSED BOUNDARY MAP \IION1TY YAP NO 5C.OL( WlDIQ IlISlIIc:T_ _HARRIS t ASSOCIATrS U bIcuIwe ....... SuIt 151 _ .... CA 1211. (NI) ___ . ,All (NI) ___ CommUDlt,y 'oemu.. DIRrIct Ko, 2_;"'3 ot tho CSt,y ot Lak. m.m..... (La 1ItraAIa) eoua.., ot _., CalUomla _ I or I ...----..---- 11/1'.... AOENDAITEM NO. .;2. PAGE OF 3 ",........ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28, 2006 SUBJECT: PUBLIC HEARING ON 2006 JUSTICE ASSISTANCE GRANT BACKGROUND ",........ The City of Lake Elsinore has been awarded a grant under the Justice Assistance Grant Program (JAG). JAG replaced the Local Law Enforcement Block Grant (LLEBG). The $15,585 grant is administered by the Federal Bureau of Justice (BJA). DISCUSSION These funds are to be used for the Sheriff Department to support a range of activities to prevent and control crime and to improve the criminal justice system. FISCAL IMPACT The additional $15,585 from the JAG Program will assist in offsetting the Law Enforcement Budget for Fiscal Year 06/07 and costs for additional Crime Prevention Programs. There is no City match requirement. JAG Grant Funds are to be designated to the following programs: ",........ 1) 2) 3) Holiday Enforcement Program... ... ... ... ....$ 5,195.00 City Enhancement Program.................. ...$ 5,195.00 Off-Road Vehicle Enforcement Program.....$ 5,195.00 AGENDA ITEM NO. ;).2> PAGE-LOF L.\ REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 2 RECOMMENDATION It is recommended that the Mayor and City Council approve use of these Grant Funds offered by the Bureau of Justice. PREPARED BY: REVIEWED BY: APPROVED FOR AGENDA BY: ~ /jtof!L DIA E BLOCK, MANAGEMENT ANALYST MATT N. PRESSEY, DIRECTOR OF AD ACENDA 'TEM NO. PACE ;J ...., '-" "-" ~~ OF Y \ /"'" Proaram Narrative-attachment #1 The following areas of enforcement were agreed upon as justified under the grant parameters and most desirable for the community: 1) Holiday Enforcement Proaram: To provide high visibility patrols and enforcement in the commercial and retail centers in the City of lake Elsinore. 2) City Enhancement and Safety Proaram: To provide assistance to city code enforcement officers in the identification of properties and vehicles deemed to be public safety nuisances by enforcing specific code violations. 3) Off Road Vehicle Enforcement Proaram: To provide enforcement of off road vehicles on private and public property without permission. Enforcement to occur in specific targeted areas within the City of lake Elsinore' "....-.. ------ ~3 AGENDA ITEM NO._ PAGE_:3 OF~ Budaet Narrative- attachment #2 ...." JAG Grant Funds to be designated to the following programs: 1) Holiday Enforcement Program.....................$ 5,195.00 2) City Enhancement & Safety Program............$ 5,195.00 3) Off-Road Vehicle Enforcement Program........,$ 5.195.00 Total................$ 15,585.00 ...." ...." ACENDA ITEM NO. ';<3 PAGE~OF L\ ~ ---- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: FROM: DA TE: MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER MARCH 28, 2006 SUBJECT: ADOPTION OF ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO PROVIDE CABLE SERVICE TO VERIZON CALIFORNIA INC. BACKGROUND ,"-"" In 1971, the City of Lake Elsinore ("City") granted its first non-exclusive cable television franchise to Cable Meter Systems, a predecessor in interest to Comcast. Comcast holds the only current cable television franchise within the City. Verizon California Inc. (''Verizon'') is the primary provider of residential telephone service within the City. As part ofVerizon's upgrade ofthat system, it will now have the capacity to provide cable television broadcasts. However, before providing such broadcasts, Verizon must secure a cable television franchise from the City. Verizon has requested such a non-exclusive franchise. Prior to granting such a franchise, however, the City is required to conduct a public hearing to gather public input on the proposed cable franchise agreement and to consider the impacts of the proposed franchise agreement, as required by California Government Code ~ 53066.3, 47 V.S.C. ~ 541(a), and other applicable provisions of law. DISCUSSION The attached proposed Franchise Agreement is substantially in the form of agreements Verizon recently negotiated with Murrieta and Hermosa Beach. However, the agreement is different with respect to the existing franchise agreement with Comcast. An executive summary of the various terms of the proposed Franchise Agreement is attached along with a discussion supporting the required findings should the City Council adopt the authorizing ordinance and approve the franchise agreement. At its most basic level, the proposed franchise agreement provides for a standard I5-year ;-. term and the maximum legally allowable franchise fee - 5% of gross revenues. ACENDA ITEM NO. 3/ . PAGE--1-0F 5 ~ REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 2 ...., In Staffs view, the substantial difference between the existing Comcast franchise agreement and Verizon agreement are the provisions for Public, Educational and Government ("PEG") programming. As the Council is aware, Comcast provides camera equipment and personnel for broadcast of City Council meetings. Additionally, Comcast provides a regional studio facility for community members to create programming for the City's PEG channel. Verizon will not duplicate these programming services. Instead, Verizon proposes to contribute a "PEG Fee" of $0.65 per month per subscriber so that the City can purchase pr~gramming equipment and develop programming facilities of its own. Verizon has agreed to broadcast such programming over a dedicated PEG channel and, furthermore, has agreed to carry Comcast's PEG programming to the extent that Comcast will agree to provide the feed. Please note, however, that such an agreement between Verizon and Comcast has not been reached and it is uncertain that Comcast will agree to such an arrangement. The transition to a PEG fee creates both burdens and opportunities for the City. It will ~ create a funding source for equipment and personnel to expand the City's programming. At the same time, unless agreement is reached with Comcast or the City purchases equipment and provides trained broadcast personnel, City Council meetings will not be carried on the PEG channel provided by Verizon. In balancing the benefits and burdens of the proposed system, we note that Verizon will offer state of the art programming quality and services to the community. Overall service quality of cable providers should be improved as they compete for customers. Additionally, satellite customers may be swayed to return to traditional cable service thereby enhancing the City franchise fee revenues. FISCAL IMPACT Unknown at this time. However, the City will receive a 5% franchise fee on gross revenues and a monthly $0.65 PEG fee per subscriber if the non-exclusive franchise is granted. Also, the Franchise Agreement provides for an "Acceptance Fee" paid by Verizon to the City in the amount of $ 10,000.00 for costs associated with the grant of the franchise. .~ AGENDA ITEM NO. ..:; I PAOE.A-OF 5~ - .,....... REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 3 RECOMMENDATIONS It is recommended that the City Council: 1. Consider and adopt this Staff Report along with the attached Executive Summary and Analysis evidencing the Council's consideration of each of the requirements and criteria enumerated in California Government Code S 53066.3,47 D.S.C. S 541(a), and other applicable provisions of law, as well as any applicable provisions of existing franchises, which support the Council's approval of the proposed cable franchise agreement; and 2. Approve the first reading of the attached Ordinance No.111!/ granting a non- exclusive franchise to provide cable service to Verizon California Inc. ,....... PREPARED BY: MATT PRESSEY, DIR. OF ADMIN. SERVICES/ BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA LISTING: ~ AGENDA ITEM NO. 31 PACE 2> OF Sc, REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 4 EXECUTIVE SUMMARY AND ANALYSIS Overview Verizon California Inc. ("Verizon") has requested grant of a franchise to operate and provide cable service in the City of Lake Elsinore ("City"). A true and correct copy of the proposed Franchise Agreement negotiated with the City's representatives has been available for inspection in the City Clerk's office since March 13, 2006. Notice of public hearing before the City Couneil to consider the proposed Franchise Agreement was properly published in The Press-Enterprise on March 13, 2006 and March 20, 2006, in accordance with California Government Code ~~ 6066 and 53066.3(a)-(d). Verizon currently is in the process of upgrading its existing telecommunications facilities in the City by installing a state-of-the-art Fiber to the Premise Telecommunications Network ("FTTP Network"). The FTTP Network will utilize fiber-optic cables and associated optical electronics instead of copper wire to connect customers to the Verizon network. The FTTP Network will use laser-generated pulses of light to transmit voice, data and video signals via the fiber at speeds and capacities far exceeding today's copper-cable systems. Among the services that Verizon's FTTP Network will enable is cable service. Verizon therefore sought a cable franchise from the City to use the FTTP Network to provide cable service to Lake Elsinore residents in competition with the existing cable operator under the terms and conditions of the proposed Franchise Agreement. Federal and state law set forth requirements with respect to granting an additional cable franchise. Section 621 ( a) of the Communications Act requires that the City "assure that access to cable service is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides" and sets forth certain provisions which shall or may be included in a franchise. 47 D.S.C. ~ 541(a)(3)-(4); see also Cal. Gov't Code ~ 53066.3(b), (d). California Government Code ~ 53066.3 requires that the City conduct a public hearing to identify the impacts on the community of granting an additional cable franchise and ~ ......." ......." AGENDA ITEM NO. 3/ PACiE 'I . OF _S~ - ,.---... ,--, ,~, REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 5 the City Council is to consider certain enumerated criteria in making its determination whether to grant an additional franchise. Backe:round Verizon is installing its FTTP Network as a common carrier pursuant to Title II of the Communications Act, and in accordance with its certificate of public convenience and necessity issued by the California Public Utilities Commission, Section 790 I of the California Public Utilities Code and General Administrative Order 95. In addition to telecommunications services, Verizon's FTTP Network, once installed, will enable the provision of cable service to the residents of Lake Elsinore. Verizon seeks to provide cable service to Lake Elsinore residents in competition with the existing cable operator serving the City, under the terms and conditions of the proposed Franchise Agreement. Verizon will provide the cable service over its FTTP network, a network which also will provide Lake Elsinore residents with voice and extremely high-speed data services. The City Council may approve a franchise agreement subsequent to a public hearing considering the proposed franchise grant. Cal. Gov't Code 9 53066.3(a). In reviewing such a request and making its determination whether to approve the proposed franchise agreement, the City Council is required to make a decision based upon the documents and testimony received at the hearing and the record as a whole as to whether or not the franchise should be granted. In addition, California Government Code 9 53066.3(a) specifically requires the City Council to consider certain enumerated criteria in determining whether to grant an additional cable franchise. These criteria are: · Whether there will be significant positive or negative impacts on the community being served. · Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area. . Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, of utility poles, public 3/ AOENDA ITEM NO. PAGE 5 oF5b_ REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 6 ~ easements, and the public rights-of-way contrary to the intent of Section 767.5 of the California Public Utilities Code. . Whether the franchise applicant has the technical and financial ability to perform. . Whether there is any impact on the franchising authority's interest in having universal cable service. . Whether other societal interests generally considered by franchising authorities will be met. . Whether the operation of an additional cable system in the community is economically feasible. Such other additional matters, both procedural and substantive, as the franchising authority may determine to be relevant. ~ . In addition, California Government Code ~ 53066.3( d) and Section 621 of the Communications Act contain certain nondiscrimination requirements relating to the grant of the franchise. California Government Code ~ 53066.3( d) also requires that the proposed cable franchise "contain ( s] the same public, educational, and governmental access requirements that are set forth in the existing franchise." Cal. Gov't Code ~ 53066.3( d). Maior Provisions of the Proposed Franchise Aereement The proposed Franchise Agreement with Verizon includes the following key provISIons: · Provision of cable service to all residential areas of the City according to a reasonable build out schedule. Proposed Franchise Agreement Article 3 and Exhibit A. · Quarterly franchise fee payments of five percent (5%) of Gross Revenues, as defined. Proposed Franchise Agreement Article 7. ~ AGENDA ITEM NO. PAGE {, 3/ OF 5~ - ,,-... REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 7 · A IS-year term from the Effective Date, unless the franchise is earlier revoked as provided in the Franchise Agreement. Proposed Franchise Agreement Article 2.3. · PEG programming and support that are equivalent (or provide different but equally valuable benefits by way of a PEG fee) to those of the incumbent provider in the City, including dedicated educational and governmental access channels and interconnection with the existing cable operator in Lake Elsinore for the carriage of PEG programming. Proposed Franchise Agreement Article 6. · Extensive customer service requirements, including requirements regarding telephone availability for customer inquiries, billing, installation and service calls, complaint procedures, and communications with subscribers. Proposed Franchise Agreement Article 8. ,,-... · Liability insurance and indemnification requirements. Proposed Franchise Agreement Article 10. Other pertinent provisions of the proposed Franchise Agreement include: · Enforcement and termination provisions. Proposed Franchise Agreement Article 13. · Technical standards for operation ofVerizon's cable system. Proposed Franchise Agreement Article 5. · Emergency Alert System requirements. Proposed Franchise Agreement Article 5.3. · Reporting and recordkeeping requirements. Proposed Franchise Agreement Article 9. · Franchise renewal and transfer procedures. Proposed Franchise Agreement Articles 11, 12. ,........ 31 AGENDA ITEM NO. PAGE 7 OF ~c;~ REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 8 ~. Analvsis of Le2al Requirements: The following analysis is presented to the Council to assist in Council's due consideration of certain criteria enumerated by California law, as follows: (1) Whether there will be significant positive or negative impacts on the community being served. See Cal. Gov't Code 9 53066.3(a)(1). The grant of a non-exclusive cable franchise to Verizon will have no negative impact on the community and the overall impact of Verizon's presence as a cable service provider in Lake Elsinore will be positive. Among the most significant positive impacts of V erizon' s presence are those directly related to the benefits that cable competition will bring to the community, including, but not limited to: Customer choice for different services that competing providers will offer. Verizon' s service will offer an extensive lineup of video programming, both traditional and nontraditional, government access programming and pay-per-view services. · Higher customer service quality, improved programming and more competitive rates. . ~ Federal, state and local law favors competition in the provision of cable services directly to consumers and it is broadly recognized at all levels of government that cable competition benefits consumers by encouraging greater efficiency, more competitive prices, and improved customer service. · The State Legislature has specifically proclaimed by statute that: "[t]he Legislature hereby finds and declares that the policies for telecommunications in California are . . . to promote lower prices, broader consumer choice, and avoidance of anti competitive conduct" and "to remove the barriers to open and competitive markets and promote fair product and price competition in a way that encourages greater efficiency, lower prices, and more consumer choice." Cal. Pub. Util. Code SS 709(t) & (g). ~ AGENDA ITEM NO. 31 PAGE, . 8 OF 5b ~ REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 9 ,.-.. ,.-. . Congress, the General Accounting Office, and the Federal Communications Commission ("FCC") have specifically found that wireline competition in the provision of cable service results in higher customer service quality, improved programming and lower rates. See, e.g., 47 U.S.C. ~ 521(6) (stating that it is the purpose of the Cable Act to "promote competition in cable communications"); H.R. Rep. 102-628 ("The Committee continues to believe that competition is essential both for ensuring diversity in programming and for protecting consumers from potential abuses by cable operators possessing market power. . . .The Committee believes that steps must be taken to encourage the further development of robust competition," including encouraging "cable overbuilds."); General Accounting Office, Wire-Based Competition Benefited Consumers in Selected Markets, Report to the Subcommittee on Antitrust, Competition Policy and Consumer Rights, Committee on the Judiciary, U.S. Senate (Feb. 2004); Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, MB Docket No. 03-172, FCC 04-5, 11 (2004). · Consumer advocates repeatedly have confirmed the positive effects of wireline cable competition. See, e.g., The Failure of Cable Deregulation: A Blueprint for Creating a Competitive, Pro-Consumer Cable Television Marketplace, U.S. Public Interest Research Group, August 2003, available at URL: http://uspirg.org/uspirg.asp?id2= 10531 &id3=USPIRG&. (2) Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area. See Cal. Gov't Code ~ 53 066.3 (a) (2). The grant of a non-exclusive cable franchise to Verizon will not result in any unreasonable adverse economic and aesthetic impacts upon public or private property within Lake Elsinore. Granting Verizon a franchise to provide cable services will not have an adverse economic impact on the City. To the contrary, granting Verizon a franchise will bring ,.-. AGENDA ITEM NO. 3/ ~ PACE~OF56 REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 10 ......., substantial economic and developmental benefits to our City. Below are some examples of the benefits of the additional franchise: · Grant of the franchise will bring competition for cable programming service to the residents of Lake Elsinore and result in a positive economic impact for subscribers. There will also be a positive impact on Lake Elsinore's economic development efforts. With the grant of a franchise to Verizon, Lake Elsinore will become eligible to receive a "triple play" of video, voice and data over a state-of-the-art FTTP communications network. This FTTP network will enable Lake Elsinore residents to enjoy a top-of-the-line digital cable service, with unparalleled high- definition capabilities and channel capacity, unencumbered by the need to "share" bandwidth with voice and data. . Granting Verizon a franchise will also increase cable penetration, adding subscribers to the City's franchise fee base. Some residents who do not currently subscribe to cable service or who are satellite customers today will subscribe to Verizon' s cable service, thereby increasing the overall number of subscribers generating revenue on which cable franchise fees are paid. The increase in content choices that will result from Verizon' s service offerings has the potential to create more purchases in the higher cable tiers, increasing the franchise fee revenue base in this manner as well. ......, Additionally, the grant of a franchise to Verizon will not result in any unreasonable adverse aesthetic impact upon public or private property within Lake Elsinore. · Verizon is seeking a franchise from the City to provide cable services over Verizon' s existing FTTP network, once completed. The FTTP network carrying Verizon's cable services will be constructed, operated and maintained as an upgrade to and/or extension ofVerizon's existing telecommunications facilities pursuant to authority granted by the State; thus, Verizon is not required to obtain a franchise from the City to construct its FTTP network. Because the facilities used to provide Verizon's cable services will be the same facilities used to provide the ......, AGENDA ITEM NO. 3/ PAGE~O . OF 5" - REPORT TO CITY COUNCIL ,,-.. MARCH 28, 2006 PAGE 11 other services that will be carried by Verizon' s FTTP network, the grant of a cable franchise to Verizon will have no additional adverse aesthetic effect on public or private property. · During the installation of its FTTP network, Verizon will be working in close coordination with the City's Public Works Department to minimize disruptions and adverse impacts to our streets. Where Verizon's existing network is placed overhead, on existing utility poles, the upgraded network facilities will be placed overhead; where V erizon' s existing network is placed underground, the upgraded network will be placed underground. The construction of Verizon' s FTTP network therefore will not result in significant adverse aesthetic changes to public or private property . ,,-. . (3) Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, of utility poles, public easements, and the public rights-of-way contrary to the intent of Section 767.5 of the Public Utilities Code. See Cal. Gov't Code S 53066.3(a)(3). There will not be any unreasonable disruptions or inconvenience to existing cable users, or any adverse effects in the areas noted above. Verizon is seeking a franchise from the City to provide cable services over V erizon' s existing FTTP network, once completed. Because the facilities used to provide Verizon' s cable services will be the same facilities used to provide the other services that will be carried by Verizon' s FTTP network, consistent with Section 767.5 ofthe Public Utilities Code, the grant of a cable franchise to Verizon will cause no additional disruptions or inconvenience to existing users, or any adverse effects on the future use of utility poles, public easements or public rights-of-way. (4) Whether the franchise applicant has the technical and financial ability to perform (see Cal. Gov't Code S 53066.3(a)(4)) giving due consideration to the experience, character, background and financial responsibility of the applicant, its management and owners. Verizon has demonstrated the financial, technical and legal qualifications and the .--- ability to provide cable service in Lake Elsinore. AGENDA ITEM NO. ~ I PACE...ll-OF 5~ REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 12 '" (5) Whether there is any impact on the franchising authority's interest in having universal cable service. See Cal. Gov't Code ~ 53066. 3 (a) (5). The grant of a no-exclusive cable franchise to Verizon will have a positive impact on the City's interest in universal cable service. Providing the residents of Lake Elsinore a choice of providers will have a significant positive impact on the City's desire in promoting universal cable service. (6) Whether other societal interests generally considered by franchising authorities will be met. See Cal. Gov't Code ~ 53066.3(a)(6). The grant of a non-exclusive franchise to Verizon will meet a variety of societal interests generally considered by franchising authorities. These include: the City's interest in enhancing civic awareness and community participation through the reservation of public educational, and governmental access channels on Verizon' s system; the City's interest in community connectivity through Verizon's provision of cable service to City, school district and community facilities; the City's interest in '" generating additional revenue through the payment of annual franchise fees from Verizon; and the City's interest in continuing economic development in the community, as Verizon's state-of-the-art service offerings and network will add to the value and attractiveness oflocal residential and business development efforts. Finally, providing our residents with a choice of cable providers will also enhance societal interests in our community by bringing the benefits of competition in the provision of cable services to the City. (7) Whether the operation of an additional cable system in the community is economically feasible. See Cal. Gov't Code 9 53066.3(a)(7). It is economically feasible for the community to support a competitive cable service provider. Lake Elsinore is a growing community in Riverside County. With a current population of about 37,000, the City is an attractive place to live with exciting recreational facilities and easy access to major transportation routes. Verizon intends to bring City residents a choice of cable service providers by offering a state-of-the-art, innovative video service product that will be feature rich and fully competitive with the existing cable offerings in the City. Verizon's services will be '" ..ry' A~ENDA ITEM NO. ...51 PACE---!.a.-OF5 ~ ,,-... REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 13 attractive to consumers, and thus will be economically feasible for Verizon to provide cable service in Lake Elsinore. In addition, the manner in which Verizon is installing the FTTP network over which its cable service will be delivered - as an upgrade to its existing telecommunications network that will also carry voice and data services - means that minimal additional capital expenditures are needed to allow Verizon to support its cable service offering. Given the growth in the community and the innovative nature of Verizon's cable service offering, staff believes that providing Lake Elsinore residents with a choice in cable service providers is economically feasible. (8) Such other additional matters, both procedural and substantive, as the franchising authority may determine to be relevant. See Cal. Gov't Code 3 53066.3 (a) (8). ,~ (a) PEG Requirements. See Cal. Gov't Code 3 53066.3(d). California Government Code S 53066.3 also requires the City to ensure that competitive franchise agreements contain the same public, educational, and governmental (PEG) access requirements that are set forth in the existing franchise. The incumbent cable operator in Lake Elsinore provides one PEG channel. In contrast, the proposed Franchise Agreement requires Verizon to provide two PEG channels and carry the PEG programming on the incumbent provider's cable system as soon as Verizon is able to interconnect with the incumbent provider. The proposed cable Franchise Agreement's terms fully ensure that Verizon provides adequate PEG access channel capacity, facilities and financial support and that Verizon's obligations in this area are comparable to those contained in the City's existing cable franchise agreement. (b) Non-Discrimination Requirements. See Cal. Gov't Code 3 53066. 3 (d); 47 u.s.e. 3541(a)(3). ,,--. AGENDA ITEM NO. 3/ PAGE~' OF a::;~ REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 14 ~ California Government Code ~ 53066.3( d) and Section 621 of the Communications Act, 47 U.S.C. ~ 54l(a)(3) contain certain non-discrimination requirements. Verizon's proposal complies with such requirements. (c) Rates to Subscribers. See 47 U.S.c. ~ 543; 47 C.F.R. ~ 76.900 et seq. As part of the 1996 amendments to the Communications Act, local communities must be certified by the FCC to regulate cable rates, may regulate only rates for the basic service tier and only for cable operators that are not subject to "effective competition" as defined under the Act. The City's authority to regulate rates of upper programming tiers (or so-called cable programming service tiers) sunset in 1999. 47 U.S.C. ~ 543(c)(4). As a new competitive entrant into the cable market, Verizon is, by definition, subject to "effective competition." See 47 U.S.C. ~ 543(1). As such, the City may not regulate Verizon's cable rates. Nonetheless, staff believes that Verizon's cable service will provide features expected by the community and will be competitive with the existing ~ cable offerings in the market. (d) System Design and Technical and Performance Quality of the Equipment. Pursuant to federal law , franchising authorities may not regulate the "facilities, and equipment provided by a cable operator" except as specifically permitted by Title VI of the Communications Act. 47 V.S.C. ~ 544(a). Nonetheless, the City has an interest in understanding the system planned by Verizon to offer its cable service. Verizon therefore has set forth an explanation of its planned system architecture. See Proposed Franchise Agreement Article 5. (e) Willingness and Ability of the Applicant to Meet Construction Requirements and Abide by Franchise Limitations and Requirements. See; Cal. Pub. Uti!. Code ~ 7901; General Administrative Order 95; 47 u.s.c. ~ 552(a) (2). Verizon's FTTP Network is being constructed as a Telecommunications Facility pursuant to Title II of the Communications Act, its Certificate of Public Convenience and necessity issued by the California Public Utilities Commission, Section 790 I of the ~ AGENDA ITEM NO. 3/ PAGE-ti-OF 5~. ".....-.. REPORT TO CITY COUNCIL MARCH 28, 2006 PAGE 15 California Public Utilities Code and General Administrative Order 95. As such, Verizon has existing authority, apart from the proposed cable franchise, to construct the FTTP Network. Therefore, the proposed Franchise Agreement recognizes that the City does not, and cannot, regulate Verizon' s Telecommunications Facilities except to the extent specifically permitted by federal and state law. See Proposed Franchise Agreement Articles 2.2, 4. (j) Competitive Neutrality Between Proposed Verizon Cable Franchise Agreement and Incumbent Cable Franchise Agreement. The proposed Franchise Agreement contains a number of significant provisions ( outlined above under "Major Provisions") that Staffbelieves are relevant to Verizon' s provision of cable services in the City. In addition, Staff believes that the material provisions of the proposed cable franchise agreement between Verizon and the City are competitively neutral with the provisions contained in the incumbent franchise agreement, which is currently held by Comcast. ",....--- Conclusion The foregoing represents an analysis of the propriety of granting V erizon a non- exclusive franchise in accordance with Gov't Code ~ 53066.3. The examples provided in the analysis above do not exhaust all possible considerations that the Council may make. However, the analysis and examples provided do satisfy the mandate of California law. As such, it would be appropriate for the City Council to approve Ordinance _, granting Verizon a non-exclusive franchise. ".....-.. ACENDA 11m NO. 31 PACE I 5 OF .5h ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA GRANTING A NON- EXCLUSIVE FRANCHISE TO PROVIDE CABLE SERVICE TO VERIZON CALIFORNIA INC. ...., WHEREAS, WHEREAS, the City of Lake Elsinore is a "Franchising Authority" as defined by Title VI of the Communications Act (see 47 V.S.C. 9 522(10)) and is authorized to grant one or more nonexclusive cable franchises pursuant to California Government Code Section 53066 and Chapter 5.40 of the City of Lake Elsinore Municipal Code; WHEREAS, Verizon California Inc. ("Franchisee") is in the process of planning and installing a Fiber to the Premise Telecommunications Network ("FTTP Network") that will occupy the Public Rights-of-Way within the City of Lake Elsinore for the transmission of non-cable services pursuant to its status as a telecommunications carrier as set forth in Title II of the Communications Act and under authority granted by the State of California; WHEREAS, the FTTP Network, once installed, will enable the provision of cable service to the residents of Lake Elsinore; WHEREAS, negotiations between the Franchising Authority and the Franchisee have resulted in a franchise agreement, which agreement comports with the requirements of applicable law; ~ WHEREAS, notice of public hearing before the City Council to consider the proposed cable franchise agreement was properly published in The Press-Enterprise on March 13, 2006 and March 20, 2006 in accordance with California Government Code Sections 6066 and 53066.3(a); WHEREAS, the Franchising Authority has reviewed the legal, technical and financial qualifications of the Franchisee to operate and provide cable service within the City and Franchising Authority's staffhas prepared a Staff Report and attached Executive Summary and Analysis dated March 28, 2006 (the "Staff Report") setting forth those qualifications, the future cable-related needs and interest of the City of Lake Elsinore and its residents, and examining each of the requirements and criteria set forth by federal, state and local law with respect to granting an additional cable television franchise, as well as any applicable provisions in existing franchises; and WHEREAS, after receiving the comments of interested parties at a public hearing affording due process to all parties, in deliberation of the entire record regarding this matter before it, including other pertinent information, and specifically considering each of the requirements and criteria enumerated in California Government Code Section 53066.3(a), 47 V.S.C. Section 541(a), and all other applicable provisions of law, as well as any applicable provisions in existing franchises, the Franchising Authority determines AGENDA ITEM NO. 3 / PACE~OF S~ ....." CITY COUNCIL ORDINANCE NO._ Page 2 of 4 ,- that is in the public interest to approve the proposed cable television franchise agreement and authorize and direct the execution of the proposed Franchise Agreement; THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council concludes that the cable-related needs and interests of the City of Lake Elsinore and the Franchisee's legal, technical, and financial qualifications to operate and provide cable service within the City are accurately identified by the attached Staff Report. The Staff Report, as well as the supporting evidence presented at the public hearing on March 28, 2006, is hereby adopted by the Franchising Authority in its entirety as its ascertainment of the cable-related needs and interests of the City, the Franchisee's qualifications to operate and provide cable service within the City, and the Franchisee's qualifications to operate and provide cable service within the City. The Staff Report and evidence also supports the Franchising Authority's consideration of each of the requirements and criteria enumerated in Government Code Section 53066.3(a), 47 V.S.C. Section 541(a), all other applicable provisions of law, as well as any applicable provision in existing franchises. SECTION 2. The Franchising Authority determines that it is in the public interest .~ to grant a nonexclusive franchise to operate and provide cable service to Verizon California Inc. As evidence of its consideration of each of the factors enumerated in Government Code Section Section 53066.3(a), 47 V.S.C. Section 541 (a)(3), all other applicable provisions of law, as well as any applicable provisions in existing franchises, the Franchising Authority hereby adopts the Staff Report attached Findings of Fact in support of this determination. SECTION 3. The Franchising Authority authorizes the grant of a nonexclusive franchise to the Franchisee to operate and provide cable service within the City. This authorization is made in accordance with the applicable provisions of California Government Code Section 53066.3 and Title VI of the Communications Act. A copy of the Franchise Agreement in the form set forth and presented to public hearing on March 28, 2006, is directed to be retained in the office of the City Clerk for the purpose of public inspection. SECTION 4. That certain Franchise Agreement in the form set forth and presented to the City Council at this public hearing is approved, and the Mayor is authorized and directed to execute that agreement on behalf of the Franchising Authority following its execution by the Franchisee. ,r-.. SECTION 5. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. AGENDA ITEM NO. PAGE~ 7 3/ OF l) , CITY COUNCIL ORDINANCE NO. Page 3 of 4 SECTION 6. This Ordinance shall take effect thirty (30) days after the date of its ~ final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this day of , 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this day of , 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: ~ NOES: COUNCILMEMBERS: ABSENT:. COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore ~ AGENDA ITEM NO. ~/ PACiE--1 g OF ~ b - r-- ~ r-- CITY COUNCIL ORDINANCE NO. Page 4 of 4 APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. 3/ PAGE~OF Sh CABLE FRANCHISE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND VERIZON CALIFORNIA INC. 2006 Lake Elsinore ~ ~ ~ AGENDA ITEM NO. 3 J PAGE~OFSb TABLE OF CONTENTS /'""" ARTICLE PAGE 1. DEFINITIONS.. ........... ........ ..... ......... .................... ..... .................... .... ........ ............ ........... 2 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS ....................................... 7 3. PROVISION OF CABLE SERVICE ................................................................................ 9 4. SYSTEM OPERATION .... ........... ..... .................... ........................... .... ........................... 10 5. SYSTEM FACILITIES. ...... .......................... ........... ......... ...... .......................... .............. 11 6. PEG SERVICES....................... ................... ....................................... ............................. 11 7. FRANCHISE FEES ........... ........................ ...... ................................... .............. ............... 13 8. CUSTOMER SERVICE ...... .................. .............. ....... ........... ...... ..... ......... ..... .......... ....... 14 9 . REPORTS AND RECORDS.. ........... ...... ............ ....................................... ...... ............... 14 to. INSURANCp AND INDEMNIFICATION .................................................................... 15 11. TRANSFER OF FRANCHISE........................................................................................ 17 12. RENEWAL OF FRANCHISE.... ...................... ......... ...................................................... 17 13. ENFORCEMENT AND TERMINATION OF FRANCHISE ........................................ 17 /'""" 14. MISCELLANEOUS PROVISIONS. ..... .... ................ ...... ............... .................................21 EXHillIT A - SERVICE AREAS ...................................................................................25 EXHillIT B - MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE......................................................................................................................... 26 EXHillIT C - CONSUMER PROTECTION AND SERVICE STANDARDS .............28 ,,-.- Lake Elsinore AOENDA nat NO.. 2>1 PAce-aLOF 5~ . THIS CABLE FRANCHISE AGREEMENT (the "Franchise" or "Agreement") is entered into by and between the City of Lake Elsinore, a duly organized municipal corporation under the applicable laws of the State of California (the Local Franchising Authority or "LF A") and V erizon California Inc., a corporation duly organized under the applicable laws of the State of California (the "Franchisee"). WHEREAS, LF A wishes to grant Franchisee a nonexclusive franchise to construct, install, maintain, extend and operate a Cable System (as hereinafter defined) and to offer Cable Services (as hereinafter defined) in the Franchise Area as designated in this Franchise; and WHEREAS, LF A is a local "franchising authority" in accordance with Title VI of the Communications Act (see 47 U.S.c. ~522(lO)) and is authorized to grant one or more nonexclusive cable franchises pursuant to California Government Code ~ 53066 and Chapter 5.40 ofthe City of Lake Elsinore Municipal Code; and WHEREAS, Franchisee is in the process of installing a Fiber to the Premise Telecommunications Network ("FTTP Network") in the Franchise Area for the transmission of Non-Cable Services (as hereinafter defined) pursuant to authority granted by the State of California; and WHEREAS, the FTTP Network will occupy the Public Rights-of-Way within LFA, and Franchisee desires to use portions of the FTTP Network once installed to provide Cable Services in the Franchise Area; and WHEREAS, LF A has identified the future cable-related needs and interests of the community, has considered the financial, technical and legal qualifications of Franchisee, and has determined that Franchisee's plans for its Cable System are adequate, and has considered, at a duly noticed public hearing and in accordance with Section 53066.3, California Government Code: (a) Whether there will be significant positive or negative impacts on LFA; (b) Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the Franchise Area; (c) Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, of utility poles, public easements, and the Public-Rights-of-Way contrary to the intent of Section 767.5 of the Public Utilities Code; (d) Whether the franchise applicant has the technical and financial ability to perform; ( e) Whether there is any impact on the franchising authority's interest in having universal Cable Service; (f) Whether other societal interests generally considered by franchising authorities will be met; (g) Whether the operation of an additional cable television system in LF A is economically feasible; and (h) Such other additional matters, both procedural and substantive, as LF A may determine to be relevant; and WHEREAS, LF A has found Franchisee to be financially, technically and legally qualified to operate the Cable System; and ..., ....,,; WHEREAS, LF A has determined that, in accordance with the applicable provisions of Title V of the City of Lake Elsinore Municipal Code and Section 53066.3 of the California Government Code, the grant of a nonexclusive franchise to Franchisee is consistent with the public interest; and .....", Lake Elsinore I AGENDA ITEM NO. 31 PACE d. a OF -.S &:, ",.-- WHEREAS, LF A and Franchisee have reached agreement on the terms and conditions set forth herein and the parties have agreed to be bound by those terms and conditions. NOW, THEREFORE, in consideration of LFA's grant of a franchise to Franchisee, Franchisee's promise to provide Cable Service to the residents of the Franchise/Service Area of LF A pursuant to and consistent with Title V of the City of Lake Elsinore Municipal Code, pursuant to the terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged, THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: 1. DEFINITIONS Except as otherwise provided herein, the definitions and word usages set forth in the Cable Law are incorporated herein and shall apply in this Agreement. In addition, the following definitions shall be controlling: 1.1. Access Channel: A video. Channel, which Franchisee shall make available to LF A without charge for non-commercial public, educational, or governmental use for the transmission of Video Programming as directed by LFA. .",....... 1.2. Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, Franchisee. 1.3. Basic Service: Any service tier, which includes the retransmission of local television broadcast signals as well as the PEG Channels required by this Franchise. 1.4. Cable Law: Ordinance No. 840 titled "An Ordinance Of The City Council Of The City Of Lake Elsinore Amending Chapter 5.40 Relating To Community Antenna Television Systems" and Ordinance No. 855 titled "An Ordinance of the City of Lake Elsinore, California Providing For The Granting of Franchises For Community Antenna Television Systems; Providing Terms And Conditions For The Operation Of Such Community Antenna Television Systems And Fees Therefor," all as codified in Chapter 5.40 of the City of Lake Elsinore Municipal Code, to the extent authorized under and consistent with federal and state law. 1.5. Cable Service or Cable Services: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 V.S.C. S 522(6). 1.6. Cable System or System: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 V.S.C. S 522(7), meaning Franchisee's facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the Service Area. The Cable System shall be limited to the optical spectrum wavelength(s), bandwidth or future technological capacity that ",.- is used for the transmission of Cable Service directly to Subscribers within the Franchise/Service Lake Elsinore 2 AGENDA ITEM NO. ..3 j PAGE a3 OF '" Area and shall not include the tangible network facilities of a common carrier subject in whole or in part to Title II of the Communications Act or of an Information Services provider. ......" 1.7. Channel: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. ~ 522(4). 1.8. Communications Act: The Communications Act of 1934, as amended. 1.9. Control: The ability to exercise de facto or de jure control over day-to- day policies and operations or the management of corporate affairs. 1.10. Educational Access Channel: An Access Channel available for the sole use of the local public schools and other public educational facilities in the Franchise Area as specified by LF A. 1.11. Extended Service Area: The portion of the Franchise Area as outlined in Exhibit A. 1.12. FCC: The United States Federal Communications Commission, or successor governmental entity thereto. 1.13. Forc~ Majeure: Means delays due to acts of God, war, civil disturbances, fire, and incidences of terrorism, war or riots, labor strikes, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, construction delays due to severe weather, and governmental actions and restrictions, which may arise due to the foregoing conditions or for other similar causes beyond the control of Franchisee. ....." 1.14. Franchise Area: The incorporated area (entire existing territorial limits) of LF A and such additional areas as may be included in the corporate (territorial) limits of LF A during the term of this Franchise. 1.15. Franchisee: Verizon California Inc., and its lawful and permitted successors, assigns and transferees. 1.16. Government Access Channel: An Access Channel available for the use solely ofLF A and other local governmental entities located in the Franchise Area. 1.17. Gross Revenue: All revenue that Franchisee and its Affiliates (to the extent that either is acting as a provider of Cable Service authorized by this Franchise) derives from the operation of Franchisee's Cable System to provide Cable Service in the Service Area, including but not limited to all Subscriber and customer revenues earned or accrued net of bad debts including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any and all Cable Service provided by Franchisee, including without limitation Cable Service related program guides, the installation, disconnection or reconnection of Cable Service; revenues from late or delinquent charge fees; Cable Service related service or repair calls; the provision of converters, remote controls, additional outlets and/or other Cable Service related Subscriber premises equipment, whether by lease or otherwise ( except sale); (iii) revenues from the sale or lease of Access Channel(s) or channel capacity; (iv) advertising revenues (as described below); ......" Lake Elsinore 3 ACENDA ITEM NO. :31 PAGE ~ '-LOF 5 fl> /"" and (v) revenues from home shopping channel providers. Gross Revenue also includes franchise fees imposed on Franchisee by LF A that are passed through from Franchisee as a line item paid by Subscribers. Revenue of an Affiliate derived from the Affiliate's provision of Cable Services shall be Gross Revenue to the extent the treatment of such revenue as revenue of the Affiliate and not of Franchisee has the intentional or unintentional effect of evading the payment of Franchise fees that would otherwise be payable to LF A hereunder. Advertising commissions paid to independent third parties shall not be netted against advertising revenue included in Gross Revenue. In no event shall revenue of an Affiliate be Gross Revenue of Franchisee if such revenue is subject to franchise fees to be paid to LFA for Cable Services. Advertising revenue is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of Franchisee's subscribers within all areas covered by the particular advertising source as of the last day of such period, e.g., Franchisee sells two ads: Ad "A" is broadcast nationwide; Ad "B" is broadcast only within California. Franchisee has 1 00 Subscribers in LF A, 500 subscribers in California, and 1000 subscribers nationwide. Gross Revenue as to LFA from Ad "A" is 10% of Franchisee's revenue therefrom. Gross Revenue as to LFA from Ad "B" is 20% of Franchisee's revenue therefrom. Gross Revenue shall not include: 1.17.1. Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Franchisee to provide Cable Service over the Cable System; 1.17.2. Bad debts written off by Franchisee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during ."...... the period collected; ,r-'. 1.17.3. Refunds, rebates or discounts made to Subscribers or other third parties; 1.17.4. Any revenues classified, in whole or in part, as Non-Cable Services revenue under federal or state law including, without limitation, revenue received from Telecommunications Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, electronic bulletin board service, or similar online computer services; and any other revenues attributed by Franchisee to Non-Cable Services in accordance with FCC or state public utility regulatory commission rules, regulations, standards or orders; 1.17.5. Any revenue of Franchisee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, notwithstanding that portion of such revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise, which portion shall be included in Gross Revenue; 1.17.6. The sale of Cable Services on the Cable System for resale in which the purchaser is required to collect cable franchise fees from purchaser's customer; Lake Elsinore AGENDA ITEM NO. .j I PACE :lS OF _t;(O 4 1.17.7. The sale of Cable Services to customers, which are exempt, as required or allowed by LF A including, without limitation, the provision of Cable Services to public institutions as required or permitted herein; ......, 1.17.8. Any tax of general applicability imposed upon Franchisee or upon Subscribers by a city, state, federal or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes and non-cable franchise fees); 1.17.9. Any foregone revenue which Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of Franchisee and public institutions or other institutions designated in the Franchise; provided, however, that such foregone revenue which Franchisee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue; 1.17.10. Sales of capital assets or sales of surplus equipment; 1.17.11. Reimbursement by programmers of marketing costs incurred by Franchisee for the introduction and promotion of programming; and 1.17.12. Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing. 1.17.13. Any fees or charges collected from Subscribers or other third parties for the Annual PEG Grant. ......, 1.18. Information Services: Shall be defined herein as it IS defined under Section 3 of the Communications Act, 47 U.S.C. ~153(20). 1.19. Initial Service Area: The portion of the Franchise Area as outlined in Exhibit A. 1.20. Internet Access: Dial-up or broadband access servIce that enables Subscribers to access the Internet. 1.21. Local Franchise Authority (LFA): The City of Lake Elsinore, California or the lawful successor, transferee, or assignee thereof. 1.22. Non-Cable Services: Any service that does not constitute the provision of Video Programming directly to multiple Subscribers in the Franchise Area including, but not limited to, Information Services and Telecommunications Services. 1.23. Normal Business Hours: Those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. ......, Lake Elsinore 5 AGENDA ITEM NO. 3/ PAGE ~fo OF .'5/n r-- 1.24. Normal Operating Conditions: Those service conditions which are within the control of Franchisee. Those conditions which are not within the control of Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are within the control of Franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or rebuild of the Cable System. See 47 C.F.R. ~ 76.309(c)(4)(ii). 1.25. PEG Access Channels: Public Access Channel(s), Educational Access Channel( s) and Governmental Access Channel( s) authorized pursuant to this Agreement in the Franchise Area. 1.26. Person: An individual, partnership, association, joint stock company, trust, corporation, or governmental entity. 1.27. Public Access Channel: An Access Channel available for the use solely by the residents and nonprofit organizations in the Franchise Area. 1.28. Public Rights-ol-Way: The surface and the area across, in, over, along, upon and below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and boulevards, including, public utility easements and public lands and waterways used as Public Rights-of-Way, as the same now or may thereafter exist, which are under the jurisdiction or control ofLFA. Public Rights-of-Way do not include the airwaves above a right- of-way with regard to cellular or other nonwire communications or broadcast services. ,--, 1.29. Service Area: All portions of the Franchise Area where Cable Service is being offered, including the Initial Service Area, the Extended Service Area, and any Additional Service Areas, as set forth in Exhibit A. 1.30. Service Date: The date that the Franchisee first provides Cable Service on a commercial basis directly to multiple Subscribers in the Franchise Area. The Franchisee shall memorialize the Service Date by notifying the LF A in writing of the same, which notification shall become a part of this Franchise. 1.31. Service Interruption: The loss of picture or sound on one or more cable channels. 1.32. Subscriber: A Person who lawfully receives Cable Service of the Cable System with Franchisee's express permission. 1.33. Telecommunications Facilities: Franchisee's existing Telecommunications Services and Information Services facilities and its FTTP Network facilities. 1.34. Telecommunication Services: Shall be defined herein as it is defined under Section 3 ofthe Communications Act, 47 V.S.C. ~ 153(46). "...- 1.35. Title II: Title II of the Communications Act. Lake Elsinore 6 AGENDA ITEM NO. 3/ PAGE ~7 OF St:> 1.36. Title VI: Title VI of the Communications Act. 1.37. Transfer ofthe Franchise: ......" 1.3 7 .1. Any transaction in which: 1.3 7 .1.1. an ownership or other interest in Franchisee is transferred, directly or indirectly, from one Person or group of Persons to another Person or group of Persons, so that control of Franchisee is transferred; or 1.37.1.2. the rights held by Franchisee under the Franchise are transferred or assigned to another Person or group of Persons. 1.37.2. However, notwithstanding Sub-subsections 1.37.1.1 and 1.37.1.2 above, a Transfer of the Franchise shall not include: transfer of an ownership or other interest in Franchisee to the parent of Franchisee or to another Affiliate majority owned by Franchisee or any of Franchisee's Affiliates or Franchisee's parent; transfer of an interest in the Franchise or the rights held by Franchisee under the Franchise to the parent of Franchisee or to another Affiliate majority owned by Franchisee, its parent or an Affiliate; any action which is the result of a merger of the direct or indirect parent of Franchisee; or any action which is the result of a merger of another Affiliate majority owned by Franchisee, its parent or an Affiliate. 1.38. Video Programming: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. ~ 522(20). ....., 2. GRANT OF AUTHORITY: LIMITS AND RESERVATIONS 2.1. Grant of Authority: Subject to the terms and conditions of this Agreement and the Cable Law, LFA hereby grants Franchisee the right to own, construct, operate and maintain a Cable System along the Public Rights-of-Way within the Franchise Area, in order to provide Cable Service. No privilege or power of eminent domain is bestowed by this grant; nor is such a privilege or power bestowed by this Agreement. Franchisee shall comply with all federal and state laws applicable to the Cable System. 2.2. LFA Does Not Regulate Telecommunications: As of the Effective Date (hereinafter defined) of this Agreement, LFA's regulatory authority under Title VI of the Communications Act does not extend to the construction, installation, maintenance or operation of Franchisee's FTTP Network to the extent the FTTP Network is being constructed, installed, maintained and operated for the purpose of upgrading and/or extending Verizon's existing Telecommunications Facilities for the provision of Non-Cable Services. 2.3. Term: Franchisee has thirty (30) days to accept this Franchise following its approval by LFA's governing authority authorized to grant franchises. The effective date of this Agreement shall be the date of last signature ("Effective Date''). The term of this Franchise shall be fifteen (15) years from the Effective Date unless the Franchise is earlier revoked as provided herein. "-"'" Lake Elsinore 7 ..., , ACENDA ITEM NO. JI PAGE 'di OF 5' .~ 2.4. Grant Not Exclusive: This Franchise and the right it grants to use and occupy the Public Rights-of-Way to provide ' Cable Services shall not be exclusive, and LFA reserves the right to grant other franchises for similar uses or for other uses of the Public Rights- of-Way, or any portions thereof, to any Person, or to make any such use themselves, at any time during the term of this Franchise. Any such rights which are granted shall not adversely impact the authority as granted under this Franchise and shall not interfere with existing facilities of the Cable System or Franchisee's FTTP Network. 2.5. Franchise Subject to Federal and State Law: Notwithstanding any provision to the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions of state and federal law as they may be amended, including but not limited to the Communications Act. 2.6. No Waiver: 2.6.1. The failure of LF A on one or more occasions to exercise a right or to require compliance or performance under this Franchise, the Cable Law or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by LF A, nor to excuse Franchisee from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. ~ 2.6.2. The failure of Franchisee on one or more occasions to exercise a right under this Franchise or applicable law, or to require performance under this Franchise, shall not be deemed to constitute a waiver of such right or of performance of this Agreement, nor shall it excuse LF A from performance, unless such right or performance has been specifically waived in writing. 2.7. Construction of Agreement: 2.7.1. The provisions of this Franchise shall be liberally construed to effectuate their objectives. In the event of a conflict between the Cable Law and this Agreement, this Agreement shall prevail. 2.7.2. The following Cable Law prOVISIOns not addressed by this Agreement do not apply to this Franchise: Sections 5.40.132 and 5.40.133 of Ordinance No. 840, Sections I(G), I(H), I(J), 5(B), 6(C), 6(D), 6(E), 6(F), 6(H), 6(K), 6(L), 6(N), 6(0), 6(P), 6(Q), 6(R), 6(T), 7(A), 8, 9, 10, 11, 12, 13, 15(B), 15(C), 16(G), 16(1), 16(K), 16(L), 16(M), 16(0) and 17 of Ordinance No. 855, and the equivalent sections of Chapter 5.40 of the City of Lake Elsinore Municipal Code. Ordinance No. 498 does not apply to this Franchise. 2.7.3. Nothing herein shall be construed to limit the scope or applicability of Section 625 Communications Act, 47 D.S.C. 9 545. 2.7.4. Should any change to federal, state or local law, rules, or regulations have the lawful effect of materially altering the terms and conditions of this Franchise, then the parties shall modify this Franchise to the mutual satisfaction of both parties to ameliorate the negative effects on Franchisee of the material alteration. If the parties cannot reach agreement on the above-referenced modification to the Franchise, then Franchisee may ~ Lake Elsinore 8 AGENDA ITEM NO. :3 j PACE~OF .1:)" terminate this Agreement without further obligation to LFA or, at Franchisee's option, the parties agree to submit the matter to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. ...., 2.7.5. LFA and Franchisee each acknowledge that they have received independent legal advice in entering into this Agreement. In the event that a dispute arises over the meaning of application of any term(s) of this Agreement, such term(s) shall not be construed by reference to any doctrine calling for ambiguities to be construed against the drafter of the Agreement. 2.8. Police Powers: Nothing in the Franchise shall be construed to prohibit the reasonable, necessary and lawful exercise ofLFA's police powers. However, if the reasonable, necessary and lawful exercise of LFA's police power results in any material alteration of the terms and conditions of this Franchise, then the parties shall modify this Franchise to the mutual satisfaction of both parties to ameliorate the negative effects on Franchisee of the material alteration. If the parties cannot reach agreement on the above-referenced modification to the Franchise, then Franchisee may terminate this Agreement without further obligation to LF A or, at Franchisee's option, the parties agree to submit the matter to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 3. PROVISION OF CABLE SERVICE 3.1. Service Area: 3.1.1. Initial Service Area: Franchisee shall offer Cable Service to a significant numbers of Subscribers in residential areas of the Initial Service Area and may make Cable Service available to businesses in the Initial Service Area, within eighteen (18) months of the Effective Date of this Franchise, and shall offer Cable Service to all residential areas in the Initial Service Area within two (2) years of the Service Date of the Franchise, except: (A) for periods of Force Majeure; (B) for periods of delay caused by LF A; (C) for periods of delay resulting from Franchisee's inability to obtain authority to access rights-of-way in the Service Area; (D) in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; (E) in developments or buildings that Franchisee cannot access under reasonable terms and conditions after good faith negotiation, as determined by Franchisee; and (F) in developments or buildings that Franchisee is unable to provide Cable Service for technical reasons or which require non-standard facilities which are not available on a commercially reasonable basis; and (G) in areas where the occupied residential household density does not meet the density requirement set forth in Sub-section 3.1.1.1. '-" 3.1.1.1. Density Requirement: Franchisee shall make Cable Services available to residential dwelling units in all areas of the Service Area where the average density is equal to or greater than 30 occupied residential dwelling units per mile as measured in strand footage from the nearest technically feasible point on the active FTTP Network trunk or feeder line. Should, through new construction, an area within the Initial Service Area or Extended Service Area meet the density requirements after the time stated for providing Cable Service as set forth in Subsections 3.1.1 and 3.1.2 respectively, Franchisee shall provide Cable '-II' Lake Elsinore 9 AOENDA ITEM NO. .:3/ PAGE ~O OF 5 t, ,"'-"" Service to such area within six (6) months of receiving notice that the density requirements have been met. 3.1.2. Extended Service Area: Within 60 months following the Service Date, Franchisee shall begin providing Cable Service in the Extended Service Area subject to the conditions of Subsection 3.1.1 above and the other terms set forth herein. 3.1.3. Additional Service Areas: The parties agree that if any land is annexed by the LF A during the term of this Agreement, such annexed areas ("Additional Service Areas") shall become part of the Franchise Area and Franchisee shall be required to extend Cable Service within a reasonable time to such annexed area (subject to the exceptions in Section 3.1.1. above), provided that such annexed area: (a) is contiguous to the LFA, (b) is within Franchisee's Title II service territory, and (c) is served by the video-enabled FTTP Network. 3.2. Availability of Cable Service: Franchisee shall make Cable Service available to all residential dwelling units and may make Cable Service available to businesses within the Service Area in conformance with Section 3.1 and Franchisee shall not discriminate between or among any individuals in the availability of Cable Service. In the areas in which Franchisee shall provide Cable Service, Franchisee shall be required to connect, at Franchisee's expense, all residential dwelling units that are within one hundred fifty (150) feet of trunk or feeder lines not otherwise already served by Franchisee's FTTP Network. Franchisee shall be allowed to recover, from a Subscriber that requests such connection, actual costs incurred for residential dwelling unit connections that exceed 150 feet and actual .costs incurred to connect "....... any non-residential dwelling unit Subscriber. 3.3. Cable Service to Public Buildings: Franchisee shall provide without charge within the Service Area one service outlet activated for Basic Service to each fire station, public school, police station, public library and such other buildings used for municipal purposes, as designated by LF A and provided in Exhibit B; provided, however, that if it is necessary to extend Franchisee's trunk or feeder lines more than one hundred fifty (150) feet solely to provide service to any such school or public building, then LF A shall have the option either of paying Franchisee's direct costs for such extension in excess of one hundred fifty (150) feet, or of releasing Franchisee from the obligation to provide service to such building. Furthermore, Franchisee shall be permitted to recover, from any public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than one hundred fifty (150) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 4. SYSTEM OPERATION The parties recognize that Franchisee's FTTP Network is being constructed and will be operated and maintained as an upgrade to and/or extension of its existing Telecommunications Facilities. The jurisdiction of LF A over such Telecommunications Facilities is restricted by federal and state law, and LFA does not assert jurisdiction over Franchisee's FTTP Network in "....... contravention of those limitations. Lake Elsinore 10 ACENDA ITEM NO. 3/ PACE 3/ OF5" 5. SYSTEM FACILITIES 5.1. System Characteristics: Franchisee's Cable System shall meet or exceed ~ the following requirements: 50 MHz- 860 MHz. 5.1.1. The System shall be designed with an initial analog passband of 5.1.2. The Cable System shall be designed to be an active two-way plant utilizing the return bandwidth to permit such services as impulse pay-per-view and other interactive services. 5.2. Interconnection: Franchisee shall design its Cable System so that it may be interconnected with public, educational and governmental channels of other cable systems in the Franchise Area, along with programming originated by LF A and other PEG Access Channel users. Interconnection of systems may be made by direct cable connection, microwave link, satellite, or other appropriate methods. 5.3. Emergency Alert System: 5.3.1. Franchisee shall comply with the Emergency Alert System ("EAS") requirements of the FCC in order that emergency messages may be distributed over the System. 5.3.2. LFA shall permit only appropriately trained and authorized Persons to operate the EAS equipment and shall take reasonable precautions to prevent any use ~ of the Cable System in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System. Except to the extent expressly prohibited by law, LFA shall hold Franchisee, its employees, officers and assigns harmless from any claims arising out of use of the EAS, including, but not limited to, reasonable attorneys' fees and costs. 6. PEG SERVICES 6.1. PEG Set Aside: 6.1.1. In order to ensure universal availability of public, educational and government programming, Franchisee shall provide on the Basic Service Tier the following PEG Access Channels: one (1) dedicated Government Access Channel and one (1) dedicated Educational Access Channel; provided, however, Franchisee shall not be obligated to provide such Educational Access Channel until the incumbent cable provider operating within the Franchise Area similarly provides two or more PEG Access Channels. 6.1.2. LF A shall notify Franchisee of the programming to be carried on the PEG Access Channels set aside by Franchisee. LF A authorizes Franchisee to transmit PEG programming within and outside the local franchise area. Thereafter, Franchisee shall assign the PEG Access Channels on its channel line-up as set forth in such notice, to the extent such channel assignments do not interfere with any pre-existing channels. If a PEG Access Channel ....., Lake Elsinore 11 ACiENDA ITEM NO. 3/ PAGE 3d OF 5' ,-- provided under this Article is not being utilized by LF A, Franchisee may submit a written request to LF A to utilize such PEG Access Channel until such time as LF A elects to utilize the PEG Channel for its intended purpose. Franchisee shall rededicate said PEG Access Channel(s) for PEG Access Channel purposes within six (6) months of receipt of a written request from LFA; provided, however, such six (6) month period does not apply ifLFA's failure to utilize the PEG Access Channel( s) is due to ongoing interconnection negotiations described in subsections 6.1.3 and 6.1.4. 6.1.3. Franchisee shall use reasonable efforts to interconnect all PEG Channels of its Cable System with the existing cable operator in the LF A. Prior to the Service Date, Franchisee shall initiate interconnection negotiations with the existing cable operator(s) to cablecast public, educational and governmental access programming consistent with this Franchise. Interconnection may be accomplished by direct cable, microwave link, satellite or other reasonable method of connection. Franchisee shall negotiate in good faith with existing cable operator(s) respecting reasonable, mutually convenient, cost-effective, and technically viable interconnection points, methods, terms and conditions. LF A shall require the existing cable operator(s) to provide such interconnection to Franchisee on reasonable terms and conditions. Franchisee and the existing cable operator(s) shall negotiate the precise terms and conditions of an interconnection agreement. LF A shall use its best efforts to facilitate these negotiations. 6.1.4. If Franchisee is unable to reach agreement with the existing local cable operator within ninety (90) days after requesting interconnection in writing, LF A shall ----. assist in mediating such dispute. If no agreement is reached within an additional ninety (90) days, Franchisee agrees to provide, at its own cost and expense, a connection at the Lake Elsinore Cultural Center, including the equipment and cabling necessary to carry on Franchisee's Cable System the programming originating at such location in accordance with the technical standards of this Agreement. In the event Franchisee connects at the Lake Elsinore Cultural Center, it will be under no obligation to carry PEG programming originating on the cable system of the existing cable operator. 6.2. PEG Grant 6.2.1. Franchisee shall provide an annual grant to LF A to be used in support of the production of local PEG programming (the "Annual PEG Grant"). Such grant shall be used by LF A for PEG access equipment, including, but not limited to, studio and portable production equipment, editing equipment and program playback equipment, or for renovation or construction of PEG access facilities, or for transport facilities to Franchisee's location. 6.2.2. The Annual PEG Grant provided by Franchisee hereunder shall be the sum of $0.65 per month, per Basic Service Subscriber in the Service Area. The Annual PEG Grant payment, along with a brief summary of the Subscriber information upon which it is based, shall be delivered to LF A quarterly, concurrent with the Franchise fee payment during the Franchise Term. Calculation of the Annual PEG Grant will commence with the first calendar month during which Franchisee obtains its first Subscriber in the Service Area. ,"-' Lake Elsinore 12 AGENDA ITEM NO. ...3/ pA<iE33 OF .t;t:, 6.2.3. Upon written request from Franchisee, LFA shall provide Franchisee with a complete accounting annually of the distribution of funds granted pursuant to this Section 6.2. ......, 6.3. All local producers and users of any of the PEG facilities or PEG Access Channels shall agree in writing to authorize Franchisee to transmit programming consistent with this Agreement and to defend and hold harmless Franchisee and LF A from any and all liability or other injury, including the reasonable cost of defending claims or litigation, arising from or in connection with claims for failure to comply with applicable federal laws, rules, regulations or other requirements of local, state or federal authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for breach of contractual or other obligations owing to third parties by the producer or user; and for any other injury or damage in law or equity, which result from the use of a PEG facility or Access Channel. 6.4. To the extent permitted by federal law, Franchisee shall be allowed but is not required to recover the costs of an Annual PEG Grant or any other costs arising from the provision of PEG services from Subscribers and to include such costs as a separately billed line item on each Subscriber's bill. Without limiting the forgoing, if allowed under state and federal laws, Franchisee may externalize, line-item, or otherwise pass-through interconnection costs to Subscribers. 7. FRANCHISE FEES 7.1. Payment to LFA: Franchisee shall pay to LFA a Franchise fee of five percent (5%) of annual Gross Revenue. In accordance with Title VI of the Communications Act, the twelve (12) month period applicable under the Franchise for the computation ofthe Franchise fee shall be a calendar year. Such payments shall be made no later than sixty (60) days following the end of each calendar quarter. Franchisee shall be allowed to submit or correct any payments that were incorrectly omitted, and shall be refunded any payments that were incorrectly submitted, in connection with the quarterly Franchise fee remittances within 90 days following the close ofthe calendar year for which such payments were applicable. ~ 7.2. Supporting Information: Each Franchise fee payment shall be accompanied by a brief report prepared by a representative of Franchisee showing the basis for the computation. 7.3. Limitation on Franchise Fee Actions: The period of limitation for recovery of any Franchise fee or other fees payable hereunder shall be four (4) years from the date on which payment by Franchisee is due. During any such four (4) year period, the period of limitations for recovery of any Franchise fee shall be tolled on the date that LF A provides written notice to Franchisee that a Franchise fee compliance review has been commenced and the actual review of records is initiated within ninety (90) days of such notice and completed by LF A asserting a claim as to any unpaid fees due hereunder within twelve (12) months from the date of the production of all the records reasonably and in good faith requested. The parties intend that tolling of the four (4) year period of limitations is to allow LFA to complete its review in a '-' Lake Elsinore 13 AGENDA ITEM NO. 6/ PACE 3'7 OF5~ --d. ",--, ~ ~ timely and efficient manner. The parties do not intend to provide LF A with the ability to umeasonably toll the period oflimitations for recovery of any Franchise fee or other fees payable hereunder. 7.4. Bundled Services: If Cable Services subject to the Franchise fee required under this Article 7 are provided to Subscribers in conjunction with Non-Cable Services, the Franchise fee shall be applied only to the value of the Cable Services, as reflected on the books and records of Franchisee in accordance with FCC or state public utility regulatory commission rules, regulations, standards or orders. Franchisee shall not allocate revenue between Cable Services and Non-Cable Services for the purpose or with the intent of evading or materially reducing Franchisee's Franchise fee obligations to the LFA. Tariffed telecommunication services that cannot be discounted by state and/or federal regulatory rules are excluded from the allocation basis for the bundle discount. 8. CUSTOMER SERVICE Consumer Protection And Service Standards are set forth in Exhibit C, which shall be binding unless amended by written consent of the parties. 9. REPORTS AND RECORDS 9.1. Open Books and Records: Upon reasonable written notice to Franchisee and with no less than thirty (30) business days written notice to Franchisee, LF A shall have the right to inspect Franchisee's books and records pertaining to Franchisee's provision of Cable Service in the Franchise Area at any time during Normal Business Hours and on a nondisruptive basis, as are reasonably necessary to ensure compliance with the terms of this Franchise. Such notice shall specifically reference the section or subsection of the Franchise which is under review, so that Franchisee may organize the necessary books and records for appropriate access by LF A. Franchisee shall not be required to maintain any books and records for Franchise compliance purposes longer than four (4) years. Notwithstanding anything to the contrary set forth herein, Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, nor disclose any of its or an Affiliate's books and records not relating to the provision of Cable Service in the Service Area. LF A agrees to treat any information disclosed by Franchisee as confidential and only to disclose it to employees, representatives, and agents thereofthat have a need to know, or in order to enforce the provisions hereof. Franchisee shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. ~551. 9.2. Records Required: Franchisee shall at all times maintain: 9.2.1. Records of all written complaints for a period of four (4) years after receipt by Franchisee. The term "complaint" as used herein refers to complaints about any aspect of the Cable System or Franchisee's cable operations, including, without limitation, complaints about employee courtesy. Complaints recorded will not be limited to complaints requiring an employee service call; Lake Elsinore AGENDA ITEM NO. J / PACE :2,5 OF 5' 14 9.2.2. Records of outages for a period of four (4) years after occurrence, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; ~ 9.2.3. Records of service calls for repair and maintenance for a period of four (4) years after resolution by Franchisee, indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; 9.2.4. Records of installationlreconnection and requests for service extension for a period of four (4) years after the request was fulfilled by Franchisee, indicating the date of request, date of acknowledgment, and the date and time service was extended; and 9.2.5. A public file showing the area of coverage for the provisioning of Cable Services and estimated timetable to commence providing Cable Service. 10. INSURANCE AND INDEMNIFICATION 10.1. Insurance: 10.1.1. Franchisee shall maintain in full force and effect, at its own cost and expense, during the Franchise Term, the following insurance coverage: 10.1.1.1. Commercial General Liability Insurance in the .....". amount of two million dollars ($2,000,000) combined single limit for property damage and bodily injury. Such insurance shall cover the construction, operation and maintenance of the Cable System, and the conduct of Franchisee's Cable Service business in LFA. 10.1.1.2. Automobile Liability Insurance in the amount of one million dollars ($1,000,000) combined single limit for bodily injury and property damage coverage. 10.1.1.3. requirements of the State of California. Workers' Compensation Insurance meeting all legal 10.1.1.4. Employers' Liability Insurance in the following amounts: (A) Bodily Injury by Accident: $100,000; and (B) Bodily Injury by Disease: $100,000 employee limit; $500,000 policy limit. 10.1.2. LF A shall be designated as an additional insured under each of the insurance policies required in this Article 10 except Worker's Compensation Insurance and Employer's Liability Insurance. 10.1.3. Franchisee shall not cancel any required insurance policy or reduce any coverage amount below the respective amount stated in this Section 10 without ~ Lake Elsinore 15 AGENDA ITEM NO. 3/ PAGE 3iQ OF 5h ,I"""- submitting documentation to LF A verifying that Franchisee has obtained alternative insurance in conformance with this Agreement. 10.1.4. Each of the required insurance policies shall be with sureties qualified to do business in the State of California, with an A- or better rating for financial condition and financial performance by Best's Key Rating Guide, Property/Casualty Edition. 10.1.5. Upon written request, Franchisee shall deliver to LF A Certificates of Insurance showing evidence ofthe required coverage. 10.2. Indemnification: 10.2.1. Franchisee agrees to indemnify, save and hold harmless, and defend LF A, its officers, agents, boards and employees, from and against any liability for damages and for any liability or claims resulting from tangible property damage or bodily injury (including accidental death), to the extent proximately caused by Franchisee's negligent construction, operation, or maintenance of its Cable System, provided that LF A shall give Franchisee written notice of its obligation to indemnify LF A within ten (10) days of receipt of a claim or action pursuant to this subsection, or twenty (20) days provided that Franchisee is not prejudiced by the timing of such notice. Notwithstanding the foregoing, Franchisee shall not indemnify LF A, for any damages, liability or claims resulting from the willful misconduct or negligence of LF A, its officers, agents, employees, attorneys, consultants, independent contractors or third parties or for any activity or function conducted by any Person other than Franchisee in connection with PEG Access, use of the EAS, or the distribution of any Cable Service over the Cable System. I"""" 10.2.2. With respect to Franchisee's indemnity obligations set forth in Subsection 10.2.1, Franchisee shall provide the defense of any claims brought against LF A by selecting counsel of Franchisee's choice to defend the claim, subject to the consent of LFA, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent LF A from cooperating with Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided however, that after consultation with LF A, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such proposed settlement includes the release of LF A and LF A does not consent to the terms of any such settlement or compromise, Franchisee shall not settle the claim or action but its obligation to indemnify LF A shall in no event exceed the amount of such settlement. 10.2.3. LFA shall hold Franchisee harmless and shall be responsible for damages, liability or claims resulting from willful misconduct or negligence of LF A. 10.2.4. LF A shall be responsible for its own acts of willful misconduct or negligence, or breach of obligation committed by LF A for which LF A is legally responsible, subject to any and all defenses and limitations of liability provided by law. Franchisee shall not be required to indemnify LF A for acts of LF A which constitute willful misconduct or ,,--.. Lake Elsinore 16 AGENDA ITEM NO. 3/ PAGE 37 OF 5~ negligence, on the part of LF A, its officers, employees, agents, attorneys, consultants, independent contractors or third parties. ...., 11. TRANSFER OF FRANCHISE Subject to Section 617 of the Communications Act, 47 D.S.C. ~ 537, no Transfer of the Franchise shall occur without the prior consent of LF A, provided that such consent shall not be unreasonably withheld, delayed or conditioned. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, by assignment of any rights, title, or interest of Franchisee in the Franchise or Cable System in order to secure indebtedness, or otherwise excluded under Section 1.3 7 above. 12. RENEWAL OF FRANCHISE 12.1. LF A and Franchisee agree that any proceedings undertaken by LF A that relate to the renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Communications Act, 47 D.S.C. ~ 546. 12.2. In addition to the procedures set forth in said Section 626 of the Communications Act, LF A agrees to notify Franchisee of all of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of Franchisee under the then current Franchise term. LF A further agrees that such assessments shall be provided to Franchisee promptly so that Franchisee has adequate time to submit a proposal under Section 626 and complete renewal of the Franchise prior to expiration of its term. "'" 12.3. Notwithstanding anything to the contrary set forth herein, Franchisee and LF A agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment, LF A and Franchisee may agree to undertake and finalize informal negotiations regarding renewal of the then current Franchise and LF A may grant a renewal thereof. 12.4. Franchisee and LFA consider the terms set forth in this Article 12 to be consistent with the express provisions of Section 626, of the Communications Act, 47 D.S.C. ~ 546. 13. ENFORCEMENT AND TERMINATION OF FRANCHISE 13.1. Security Fund. Violations. LFA may assess amounts pursuant to the procedures set forth in this Section 13.1 as an alternative remedy to commencing the remedial and termination provisions set forth in Sections 13.2 through 13.6, inclusive, ofthis Agreement. 13.1.1. Creation of Security Fund. Within sixty (60) days following the Effective Date of this Agreement, Franchisee shall establish and provide to LF A a security fund ("Security Fund") as security for the faithful performance by Franchisee of all material provisions of this Agreement. The Security Fund shall be in the amount of Six Thousand Dollars "'" Lake Elsinore 17 AGENDA ITEM NO. 31 PAGE ,-;~ OF S~ .",........ ($6,000) and shall be in the form of an irrevocable letter of credit, with all interest distributable to Franchisee. 13.1.2. Amount of Security Fund. The Security Fund shall be maintained at the Six Thousand Dollar ($6,000) level throughout the term of this Agreement, provided that Franchisee shall not be required to maintain the Six Thousand Dollar ($6,000) level once LF A has begun to assess amounts pursuant to Section 13.1.3 below; provided further that at intervals no more often than each three (3) years, LFA shall have the right to require that this amount be increased to reflect changes in the Los Angeles Metropolitan Area Consumer Price Index during the prior three (3) year period. 13.1.3. Procedure for Assessing Security Fund. 13.1.3.1. If Franchisee fails to perform in a timely manner any material obligation required by this Franchise, LF A may assess an amount from the Security Fund as set forth below. Such assessment may be withdrawn from the Security Fund, and shall not constitute a waiver by LF A of any other right or remedy it may have under this Franchise or applicable law except as set forth in this Agreement, including without limitation its right to recover from Franchisee such additional damages, losses, costs and expenses, as may have been suffered or incurred by LF A by reason of or arising out of such breach of this Franchise. ",...., 13.1.3.2. Prior to assessing the Security Fund, LFA shall first notify Franchisee of the violation in writing by personal delivery or registered or certified mail, and demand correction or commencement of correction within a reasonable time, which shall not be less than fifteen (15) days in the case of the failure of Franchisee to pay any sum or other amount due LF A under this Agreement, and thirty (30) days in all other cases. If Franchisee fails to demonstrate that a violation has not occurred, or to correct the violation within the time prescribed, or if Franchisee fails to commence corrective action within the time prescribed and diligently remedy such violation thereafter, or if the violation is not correctable, Franchisee shall then be given written notice from LF A finding Franchisee in violation of this Agreement. Said notice shall specify the violations alleged to have occurred. 13.1.3.3. After the time period set forth in Section 13 .1.3.2 herein, in the event that LF A finds that a material violation exists and that Franchisee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation, LF A may request the City Council to assess an amount from the Security Fund, of up to One Hundred Dollars ($100) per day. Damages shall be calculated as accruing from the date of the violation. 13 .1.3.4. If the City Council elects to assess an amount from the Security Fund, pursuant to the provisions of this Franchise Agreement, then such election shall constitute LFA's exclusive remedy for a period of sixty (60) days. Thereafter, LFA may pursue any available remedy, including those set forth in Sections 13.2 through 13.6, inclusive, below. 13.1.3.5. If a dispute arises out of or relates to this Franchise ",........, resulting in LF A's assessment from the Security Fund of any amounts pursuant to this Section Lake Elsinore 18 ACENDA ITEM NO. 3/ PAOE~OF c;rn 13.1, and if the dispute cannot be settled through good faith negotiations, then the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. Any dispute that arises out of or relates to this Franchise resulting in the imposition of any amount as set forth in this Section 13.1 that the parties cannot resolve in mediation shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ...." 13.1.4. Franchisee Representations. If LFA's action or taking is found to be improper by any court or agency of competent jurisdiction, Franchisee shall be entitled to a refund of the funds plus interest and/or any other award such court or agency shall make. 13.1.5. LFA Representations. Notwithstanding any provision in this Franchise to the contrary, in the event that LF A believes that Franchisee has not complied with the terms of the Franchise, LF A agrees that it shall informally discuss such noncompliance with Franchisee. If these discussions do not lead to resolution of said noncompliance, then LF A shall notify Franchisee in writing of the exact nature of the alleged noncompliance prior to withdrawing any funds and/or liquidated damage amounts from the Security Fund. LF A shall not assess any amounts from the Security Fund if Franchisee provides written notice within the notice periods set forth in 13.1.3.2 that Franc~isee is initiating the dispute resolution process set forth in 13.1.3.5. 13.2. Notice of Violations Not Subject to Security Fund: In the event that LF A believes that Franchisee has not complied with the terms of the Franchise, and LF A declines to ...." assess amounts from the Security Fund, LF A shall first informally discuss the matter with Franchisee prior to invoking its remedies as set forth in Sections 13.3. to 13.6., inclusive, herein. If these discussions do not lead to resolution of the problem, then LF A shall notify Franchisee in writing of the exact nature of the alleged noncompliance. 13.3. Franchisee's Right to Cure or Respond: For violations not subject to the Security Fund, Franchisee shall have thirty (30) days from receipt of the written notice described in Section 13.2 to: (i) respond to LFA, if Franchisee contests (in whole or in part) the assertion of noncompliance; (ii) cure such default; or (iii) in the event that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify LFA of the steps being taken and the projected date that they will be completed. 13.4. Hearing: In the event that Franchisee fails to respond to the written notice described in Section 13.2, or in the event that the alleged default is not remedied within thirty (30) days or the date projected pursuant to Section 13.3{iii) above, if it intends to continue its investigation into the default, then LF A shall schedule a hearing. LF A shall provide Franchisee at least thirty (30) business days prior written notice of such hearing, which will specify the time, place and purpose of such hearing, and provide Franchisee the opportunity to be heard. ...." Lake Elsinore 19 AGENDA ITEM NO. 31 PACE L{ 0 OF 5h ,-.~ 13.5. Enforcement: Subject to applicable federal and state law, in the event LF A, after the hearing set Section 13.4, determines that Franchisee is in default of any provision of the Franchise, LFA may: 13.5.1. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or 13.5.2. Commence an action at law for monetary damages or seek other equitable relief; or 13.5.3. In the case of a substantial material default of a material provision of the Franchise, seek to revoke the Franchise in accordance with Section 13.6. 13.6. Revocation: Should LFA seek to revoke the Franchise after following the procedures set forth in Sections 13.2 through 13.5 above, LFA shall give written notice to Franchisee of its intent. The notice shall set forth the exact nature of the noncompliance. Franchisee shall have ninety (90) days from such notice to object in writing and to state its reasons for such objection. In the event LFA has not received a satisfactory response from Franchisee, it may then seek termination of the Franchise at a public hearing. LF A shall cause to be served upon Franchisee, at least thirty (30) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the Franchise. ",-... 13.6.1. At the designated hearing, Franchisee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of LF A, to compel the testimony of other persons as permitted by law, and to question and/or cross examine witnesses. A complete verbatim record and transcript shall be made of such hearing. 13.6.2. Following the public hearing, Franchisee shall be provided up to thirty (30) days to submit its proposed findings and conclusions in writing and thereafter LF A shall determine (i) whether an event of default has occurred; (ii) whether such event of default is excusable; and (iii) whether such event of default has been cured or will be cured by Franchisee. LF A shall also determine whether to revoke the Franchise based on the information presented, or, where applicable, grant additional time to Franchisee to effect any cure. If LF A determines that the Franchise shall be revoked, LF A shall promptly provide Franchisee with a written decision setting forth its reasoning. Franchisee may appeal such determination of LF A to an appropriate court, which shall have the power to review the administrative record as supplemented in good faith by the parties de novo. Franchisee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within sixty (60) days of Franchisee's receipt of the determination of the franchising authority. 13.6.3. LFA may, at its sole discretion, take any lawful action which it deems appropriate to enforce LFA's rights under the Franchise in lieu of revocation of the Franchise. ,_ 13.7. Franchisee Termination: During the term, Franchisee shall have the right to terminate this Franchise and all obligations hereunder if Franchisee does not in good faith Lake Elsinore 20 AGENDA ITEM NO. PAGE Lf I 31 OF 5~ believe it has achieved a commercially reasonable level of Subscriber penetration on its Cable System. Franchisee may consider Subscriber penetration levels outside the Franchise Area in this determination. Notice to terminate under this Section 13.7 shall be given to the City in writing, with such termination to take effect no sooner than two hundred and ten (210) calendar days after giving such notice. Franchisee shall also be required to give its then current Subscribers not less than one hundred and eighty (180) calendar days prior written notice of its intent to cease Cable Service operations. '-'" 14. MISCELLANEOUS PROVISIONS 14.1. Actions of Parties: In any action by LFA or Franchisee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned. 14.2. Binding Acceptance: This Agreement shall bind and benefit the parties hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. 14.3. Preemption: In the event that federal or state law, rules, or regulations preempt a provision or limit the enforceability of a provision of this Agreement, the provision shall be read to be preempted to the extent, and for the time, but only to the extent and for the time, required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of LF A. ,...., 14.4. Force Majeure: Franchisee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by a Force Majeure. 14.4.1. Furthermore, the parties hereby agree that it is not LFA's intention to subject Franchisee to penalties, fines, forfeitures or revocation of the Franchise for violations of the Franchise where the violation was a good faith error that resulted in no or minimal negative impact on Subscribers, or where strict performance would result in practical difficulties and hardship being placed upon Franchisee which outweigh the benefit to be derived by LF A and/or Subscribers. 14.5. Notices: Unless otherwise expressly stated herein, notices required under the Franchise shall be mailed first class, postage prepaid, to the addressees below. Each party may change its designee by providing written notice to the other party. 14.5.1. Notices to Franchisee shall be mailed to: ,...., Lake Elsinore 21 .3/ ACENDA ITEM NO. PAGE 4J. OF. C)~ ,-- Verizon California Inc. Attn: Tim McCallion, President - Pacific Region 112 Lakeview Canyon Road Thousand Oaks, CA 91362 14.5.2. with a copy to: Mr. Jack H White Senior Vice President & General Counsel- Verizon Telecom One Verizon Way Room VC43E010 Basking Ridge, NJ 07920-1097 14.5.3. Notices to LFA shall be mailed to: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 14.6. Entire Agreement: This Franchise and the Exhibits hereto constitute the entire agreement between Franchisee and LF A. ,-- 14.7. Amendments. Amendments to this Franchise shall be mutually agreed to in writing by the parties. 14.8. Captions: The captions and headings of articles and sections throughout this Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 14.9. Severability: If any section, subsection, sentence, paragraph, term, or proVIsIon hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, subsection, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise. 14.10. Recitals: The recitals set forth in this Agreement are incorporated into the body of this Agreement as if they had been originally set forth herein. 14.11. Franchisee's FTTP Network: LFA and Franchisee recognize and agree that due to the nature of Franchisee's FTTP Network, certain provisions of the Cable Law are not applicable to Franchisee, including but not limited to Sections 6(C), 6(D), 6(E), 6(F), 6(K), 6(L), 6(N), 6(0), 6(P), 6(Q), 6(R), 8,9,10,11,12, 16(G), 16(J), 16(K), and 17 of Ordinance No. 855. ,"-' 14.12. Modification: This Franchise shall not be modified except by written instrument executed by both parties. Lake Elsinore 22 AGENDA nat NO. ...3 / PAGE~OF . c;t; 14.13. FTTP Network Transfer Prohibition: Under no circumstance including, without limitation, upon expiration, revocation, termination, denial of renewal of the Franchise or any other action to forbid or disallow Franchisee from providing Cable Services, shall Franchisee or its assignees be required to sell any right, title, interest, use or control of any portion of Franchisee's FTTP Network including, without limitation the Cable System and any spectrum capacity used for Cable Service or otherwise, to LF A or any third party. Franchisee shall not be required to remove the FTTP Network(s) or to relocate the FTTP Network(s) as a result of revocation, expiration, termination, denial of renewal or any other action to forbid or disallow Franchisee from providing Cable Services. This provision is not intended to contravene leased access requirements under Title VI or PEG requirements set out in this Agreement. ~ 14.14. Acceptance Fee: Franchisee shall pay LFA ten thousand dollars ($10,000) for cost associated with the grant of this Franchise within thirty (30) days following the Effective Date. SIGNATURE PAGE FOLLOWS ....", '-' Lake Elsinore 23 AOENDA ITEM NO.. .s I PACE 44 OF. St;, ~, ~, ",-. AGREED TO AS OF THE DATE OF LAST SIGNATURE BELOW: CITY OF LAKE ELSINORE By: Robert E. Magee, Mayor Date: VERIZON CALIFORNIA INC. By: Tim McCallion, President-Pacific Region Date: EXHffiITS Exhibit A: Initial and Extended Service Areas APPROVED AS TO FORM: Exhibit B: Municipal Buildings to be Provided Free Cable Service Exhibit C: Consumer Protection And Service Standards Lake Elsinore 24 AGENDA ITEM NO. 3/ PAGE L/ '5 OF C) b EXHIBIT A ....." SERVICE AREAS The Initial Service Area and Extended Service Areas are depicted below. -....; '-' Lake Elsinore 25 ACENDA ITEM NO. PAGE 46 3/ OF5~ .. ,,,-.. EXHIBIT B MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE City and Public Buildings ~ Facility Address 333 Limited Avenue Lake Elsinore Police Department Lake Elsinore, CA 410 W. Graham Avenue Lake Elsinore Station #10 Lake Elsinore, CA 29405 Grand Avenue Lake Elsinore McVicker #85 Lake Elsinore, CA Lake Elsinore Station #94 RR Canyon 22770 Railroad Canyon Road Lake Elsinore, CA 600 W. Graham Avenue Lake Elsinore Library Lake Elsinore, CA 130 S. Main Street Lake Elsinore City Hall Lake Elsinore, CA Lake Elsinore City Yard 521 N. Langstaff Lake Elsinore, CA 420 E. Lakeshore Drive Lake Elsinore Senior Center Lake Elsinore, CA 500 Diamond Drive Lake Elsinore Stadium Lake Elsinore, CA 183 N. Main Street Lake Elsinore Cultural Center Lake Elsinore, CA Public Schools /'"'" Public School Address Cottonwood Canyon Elementary 32100 Lost Road School Lake Elsinore, CA 92532 512 West Sumner Street Elsinore Elementary School Lake Elsinore, CA 92530 Machado Elementary School 15150 Joy Street Lake Elsinore, CA 92530 Railroad Canyon Elementary School 1300 Mill Street Lake Elsinore, CA 92530 Rice Canyon Elementary School 29535 Westwind Drive Lake Elsinore, CA 92530 Tuscany Hills Elementary School 23 Ponte Russo Lake Elsinore, CA 92532 Lake Elsinore 26 AGENDA ITEM NO. :3/ PAGE~OF _C; t:; Public School Address Withrow Elementary School 30100 Adelo Street Lake Elsinore, CA 92530 Canyon Lake Middle School 33005 Canyon Hill Road Lake Elsinore, CA 92532 Elsinore Middle School 1203 W. Graham Lake Elsinore, CA 92532 Terra Cotta Middle School 29291 Lake Street Lake Elsinore, CA 92530 Lakeside High School 33693 Riverside Drive Lake Elsinore, CA 92530 Temescal Canyon High School 28755 EI Toro Road Lake Elsinore, CA 92532 Ortega Continuation High School 520 Chaney Street Lake Elsinore, CA 92530 Alternative Education Center 1405 Education Way Gordon Keifer IS Lake Elsinore, CA 92530 ......, Future City Facilities Franchisee shall provide, without charge, one service outlet activated for Basic Service to municipal buildings that are planned or under construction, if and when the incumbent cable provider operating within the Franchise Area provides a similar service to such locations. ....., ....., Lake Elsinore 27 ACENDA ITEM NO. 3/ PACE '-I ~ OF 5 to /'"'""' EXHIBIT C CONSUMER PROTECTION AND SERVICE STANDARDS Franchisee's obligations concerning Consumer Protection And Service Standards shall include the following, which shall be binding unless amended by written consent of the parties. These standards shall, starting six months after the Service Date, apply to the Franchisee to the extent it is providing Cable Services over the Cable System in the Franchise area. SECTION 1: DEFINITIONS (a) Respond: Franchisee's investigation of a Service Interruption by receiving a Subscriber call and opening a trouble ticket, if required. (b) Significant Outage: A significant outage of the Cable Service shall mean any Service Interruption lasting at least four (4) continuous hours that affects at least ten percent (10%) of the Subscribers in the Service Area. (c) Service Call: The action taken by the Franchisee to correct a Service Interruption the effect of which is limited to an individual Subscriber. (d) Standard Installation: Installations where the subscriber is within one hundred twenty five (125) feet of trunk or feeder lines. r' SECTION 2: TELEPHONE AVAILABILITY (a) Franchisee shall maintain a toll-free number to receive all calls and inquiries from Subscribers in the Franchise Area and/or LF A residents regarding Cable Service. Franchisee representatives trained and qualified to answer questions related to Cable Service in the Service Area must be available to receive reports of Service Interruptions twenty-four (24) hours a day, seven (7) days a week, and other inquiries at least forty-five (45) hours per week, including some evening and weekend hours. Franchisee representatives shall identify themselves by name when answering this number. (b) The Franchisee's telephone numbers shall be listed, with appropriate description (e.g. administration, customer service, billing, repair, etc.), in the directory published by the local telephone company or companies serving the Service Area, beginning with the next publication cycle after acceptance of this Franchise by Franchisee. (c) Franchisee may use an Automated Response Unit ("ARU") or a Voice Response Unit ("VRU") to distribute calls. If a foreign language routing option is provided, and the Subscriber does not enter an option, the menu will default to the first tier menu of English options. After the first tier menu (not including a foreign language rollout) has run through three times, if customers do not select any option, the ARU or VRU will forward the call to a queue ~ Lake Elsinore 28 AGENDA ITEM NO. .3/ PACE--=B-OF 5" for a live representative. Franchisee may reasonably substitute this requirement with another method of handling calls :from customers who do not have touch-tone telephones. ......, (d) Under Normal Operating Conditions, calls received by the Franchisee shall be answered within thirty (30) seconds. Franchisee shall meet this standard for ninety percent (90%) of the calls it receives at all call centers receiving calls :from Subscribers, as measured on a cumulative quarterly calendar basis. Measurement of this standard shall include all calls received by the Franchisee at all call centers receiving calls :from Subscribers, whether they are answered by a live representative, by an automated attendant, or abandoned after 30 seconds of call waiting. ( e) Under Normal Operating Conditions, callers to the Franchisee shall receive a busy signal no more than three (3%) percent of the time during any calendar quarter. (f) At the Franchisee's option, the measurements above may be changed :from calendar quarters to billing or accounting quarters. Franchisee shall notify LF A of such a change at least thirty (30) days in advance of any implementation. SECTION 3: INSTALLATIONS AND SERVICE APPOINTMENTS (a) All installations will be in accordance with FCC rules, including but not limited to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the provision of required consumer information and literature to adequately inform the Subscriber in the utilization of Franchisee-supplied equipment and Cable Service. ......, (b) The Standard Installation shall be performed within seven (7) business days after the placement of the Optical Network Terminal ("aNT") on the customer's premises or within seven (7) business days after an order is placed if the aNT is already installed on the customer's premIses. Franchisee shall meet this standard for ninety-five percent (95%) of the Standard Installations it performs, as measured on a calendar quarter basis, excluding customer requests for connection later than seven (7) days after aNT placement or later than seven (7) days after an order is placed if the aNT is already installed on the customer's premises. (c) At the Franchisee's option, the measurements and reporting of above may be changed from calendar quarters to billing or accounting quarters. The Franchisee shall notify the LF A of such a change not less than thirty (30) days in advance. (d) The Franchisee will offer Subscribers "appointment window" alternatives for arrivals to perform installations, Service Calls and other activities of a maximum four (4) hours scheduled time block during appropriate daylight available hours, usually beginning at 8:00 AM unless it is deemed appropriate to begin earlier by location exception. At the Franchisee's discretion, the Franchisee may offer Subscribers appointment arrival times other than these four (4) hour time blocks, if agreeable to the Subscriber. These hour restrictions do not apply to weekends. ......, Lake Elsinore 29 AGENDA ITEM NO. 3/ PAGE SO_OF C;~ SECTION 4: SERVICE INTERRUPTIONS AND OUTAGES .-.-' (a) The Franchisee shall promptly notify the LFA of any Significant Outage of the Cable Service. (b) The Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the LFA and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. (c) Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. (d) Under Normal Operating Conditions, the Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving subscriber calls respecting Service Interruptions in the Service Area. ,-- (2) The Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the LF A of a Cable Service problem. (e) Under Normal Operating Conditions, the Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow Franchisee to verify the problem if requested by the Franchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. (f) Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, ifboth are technically feasible, as determined by Franchisee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. (g) With respect to service issues concerning cable services provided to LF A facilities, Franchisee shall Respond to all inquiries from the LFA within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. ,-- Lake Elsinore 30 AGENDA ITEM NO. 31 PACE-5.LOF 5t, If such repairs cannot be completed within twenty-four (24) hours, the Franchisee shall notify the LFA in writing as to the reason(s) for the delay and provide an estimated time of repair. ......" SECTION 5: CUSTOMER COMPLAINTS Under Normal Operating Conditions, the Franchisee shall investigate Subscriber complaints referred by the LF A within seventy-two (72) hours. The Franchisee shall notify the LF A of those matters that necessitate an excess of seventy-two (72) hours to resolve, but those matters must be resolved within fifteen (15) days of the initial complaint. The LF A may require reasonable documentation to be provided by the Franchisee to substantiate the request for additional time to resolve the problem. For purposes of this Section, "resolve" means that the Franchisee shall perform those actions, which, in the normal course of business, are necessary to investigate the Customer's complaint and advise the Customer ofthe results of that investigation. SECTION 6: BILLING A. Subscriber bills must be itemized to describe Cable Services purchased by Subscribers and related equipment charges. Bills shall clearly delineate activity during the billing period, including optional charges, rebates, credits, and aggregate late charges. Franchisee shall, without limitation as to additional line items, be allowed to itemize as separate line items, Franchise fees, taxes and/or other governmentally imposed fees. The Franchisee shall maintain records ofthe date and place of mailing of bills. B. Every Subscriber with a current account balance sending payment directly to ......" Franchisee shall be given at least twenty (20) days from the date statements are mailed to the Subscriber until the payment due date. C. A specific due date shall be listed on the bill of every Subscriber whose account is current. Delinquent accounts may receive a bill which lists the due date as upon receipt; however, the current portion of that bill shall not be considered past due except in accordance with Subsection 6.B. above. D. Any Subscriber who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved provided that: (1) The Subscriber pays all undisputed charges; (2) The Subscriber provides notification of the dispute to Franchisee within five (5) days prior to the due date; and (3) The Subscriber cooperates In determining the accuracy and/or appropriateness of the charges in dispute. (4) It shall be within the Franchisee's sole discretion to determine when the dispute has been resolved. ......" Lake Elsinore 31 ACiENDA ITEM NO. 31 PAGE .sa OF 5~ . ~ E. Under Normal Operating Conditions, the Franchisee shall initiate investigation and resolution of all billing complaints received from Subscribers within five (5) business days of receipt of the complaint. Final resolution shall not be unreasonably delayed. F. The Franchisee shall provide a telephone number and address on the bill for Subscribers to contact the Franchisee. G. The Franchisee shall forward a copy of any Cable Service related billing inserts or other mailing sent to Subscribers to the LF A upon request. H. The Franchisee shall provide all Subscribers with the option of paying for Cable Service by check or an automatic payment option where the amount of the bill is automatically deducted from a checking account designated by the Subscriber. Franchisee may in the future, at its discretion, permit payment by using a major credit card on a pre authorized basis. Based on credit history, at the option of the Franchisee, the payment alternative may be limited. I. LF A hereby requests that Franchisee omit publishing information specified in 47 C.F.R. ~ 76.952 from Subscriber bills. SECTION 7: DEPOSITS. REFUNDS AND CREDITS .~ A. The Franchisee may require refundable deposits from Subscribers with 1) a poor credit or poor payment history, 2) who refuse to provide credit history information to the Franchisee, or 3) who rent Subscriber equipment from the Franchisee, so long as such deposits are applied on a non-discriminatory basis. The deposit the Franchisee may charge Subscribers with poor credit or poor payment history or who refuse to provide credit information may not exceed an amount equal to an average Subscriber's monthly charge multiplied by six (6). The maximum deposit the Franchisee may charge for Subscriber equipment is the cost of the equipment which the Franchisee would need to purchase to replace the equipment rented to the Subscriber. B. The Franchisee shall refund or credit the Subscriber for the amount of the deposit collected for equipment, which is unrelated to poor credit or poor payment history, after one year and provided the Subscriber has demonstrated good payment history during this period. The Franchisee shall pay interest on other deposits if required law. C. Under Normal Operating Conditions, refund checks will be issued within next available billing cycle following the resolution of the event giving rise to the refund, (e.g. equipment return and final bill payment). D. Credits for Cable Service will be issued no later than the Subscriber's next available billing cycle, following the determination that a credit is warranted, and the credit is approved and processed. Such approval and processing shall not be unreasonably delayed. ~ Lake Elsinore 32 ACENDA ITEM NO. 3/ PACE 5~ OF 5~ E. Bills shall be considered paid when appropriate payment is received by the Franchisee or its authorized agent. Appropriate time considerations shall be included in the Franchisee's collection procedures to assure that payments due have been received before late notices or termination notices are sent. ......" SECTION 8: RATES. FEES AND CHARGES A. The Franchisee shall not, except to the extent expressly permitted by law, impose any fee or charge for Service Calls to a Subscriber's premises to perform any repair or maintenance work related to Franchisee equipment necessary to receive Cable Service, except where such problem is caused by a negligent or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber reconnects Franchisee equipment incorrectly) or by the failure of the Subscriber to take reasonable precautions to protect the Franchisee's equipment (for example, a dog chew). B. The Franchisee shall provide reasonable notice to Subscribers of the possible assessment of a late fee on bills or by separate notice. SECTION 9: DISCONNECTION /DENIAL OF SERVICE A. Cable Service terminated for nonpayment of delinquent accounts in error must be restored without charge within twenty-four (24) hours of notice. If a Subscriber was billed for the period during which Cable Service was terminated in error, a credit shall be issued to the Subscriber if the Service Interruption was reported by the Subscriber. ......" B. Nothing in these standards shall limit the right of the Franchisee to deny Cable Service for non-payment of previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service, damage to the Franchisee's equipment, abusive and/or threatening behavior toward the Franchisee's employees or representatives, or refusal to provide credit history information or refusal to allow the Franchisee to validate the identity, credit history and credit worthiness via an external credit agency. C. Charges for cable service will be discontinued at the time of the requested termination of service by the subscriber, except equipment charges may by applied until equipment has been returned. No period of notice prior to requested termination of service can be required of Subscribers by the Franchisee. No charge shall be imposed upon the Subscriber for or related to total disconnection of Cable Service or for any Cable Service delivered after the effective date of the disconnect request, unless there is a delay in returning Franchisee equipment or early termination charges apply pursuant to the Subscriber's service contract. If the Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be responsible for Cable Services received after the day following the date the disconnect request is received by the Franchisee. For purposes of this subsection, the term "disconnect" shall include Subscribers who elect to cease receiving Cable Service from the Franchisee and to receive Cable Service or other multi-channel video service from another Person or entity. ......" Lake Elsinore 33 ACENDA ITEM NO. 3/ PAGE~OF 'i~ SECTION 10: COMMUNICATIONS WITH SUBSCRIBERS ,r-, A. All Franchisee personnel, contractors and subcontractors contacting Subscribers or potential Subscribers outside the office of the Franchisee shall wear a clearly visible identification card bearing their name and photograph. The Franchisee shall make reasonable effort to account for all identification cards at all times. In addition, all Franchisee representatives shall wear appropriate clothing while working at a Subscriber's premises. Every service vehicle of the Franchisee and its contractors or subcontractors shall be clearly identified as such to the public. Specifically, Franchisee vehicles shall have the Franchisee's logo plainly visible. The vehicles of those contractors and subcontractors working for the Franchisee shall have the contractor's / subcontractor's name plus markings (such as a magnetic door sign) indicating they are under contract to the Franchisee. B. All contact with a Subscriber or potential Subscriber by a Person representing the Franchisee shall be conducted in a courteous manner. C. The Franchisee shall send annual notices to all Subscriber informing them that any complaints or inquiries not satisfactorily handled by the Franchisee may be referred to the LFA. . D. All notices identified in this Section shall be by either: (1) A separate document included with a billing statement or included on the ____ portion of the monthly bill that is to be retained by the Subscriber; or (2) A separate electronic notification E. The Franchisee shall provide reasonable notice to Subscribers of any pricing changes or additional changes (excluding sales discounts, new products or offers) and, subject to the forgoing, any changes in Cable Services, including channel line-ups. Such notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if within the control of the Franchisee, and the Franchisee shall provide a copy of the notice to the LF A including how and where the notice was given to Subscribers. F. The Franchisee shall provide information to all Subscribers about each of the following items at the time of installation of Cable Services, annually to all Subscribers, at any time upon request, and, subject to Subsection 10.E., at least thirty (30) days prior to making significant changes in the information required by this Section if within the control of the Franchisee: (1) Products and Cable Service offered; (2) Prices and options for Cable Services and condition of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rentals, program guides, installation, downgrades, late fees and other fees charged by the Franchisee related to Cable Service; /"" Lake Elsinore 34 ACENDA ITEM NO. <3/ PACE 55 OF _ r; (,., (3) Installation and maintenance policies including, when applicable, information regarding the Subscriber's in-home wiring rights during the period Cable Service is ~ being provided; (4) Channel positions of Cable Services offered on the Cable System; (5) Complaint procedures, including the name, address and telephone number of the LF A, but with a notice advising the Subscriber to initially contact the Franchisee about all complaints and questions; (6) Procedures for requesting Cable Service credit; (7) The availability of a parental control device; (8) Franchisee practices and procedures for protecting against invasion of privacy; and (9) The address and telephone number of the Franchisee's office to which complaints may be reported. A copy of notices required in this Subsection 1O.F. will be given to the LFA at least fifteen (15) days prior to distribution to subscribers if the reason for notice is due to a change that is within the control of Franchisee and as soon as possible ifnot with the control of Franchisee. '"""'" G. Notices of changes in rates shall indicate the Cable Service new rates and old rates, if applicable. H. Notices of changes of Cable Services and/or Channel locations shall include a description of the new Cable Service, the specific channel location, and the hours of operation of the Cable Service if the Cable Service is only offered on a part-time basis. In addition, should the channel location, hours of operation, or existence of other Cable Services be affected by the introduction of a new Cable Service, such information must be included in the notice. I. Every notice of termination of Cable Service shall include the following information: (1) The name and address of the Subscriber whose account is delinquent (2) The amount of the delinquency (3) The date by which payment is required in order to avoid termination of Cable Service; and (4) The telephone number for the Franchisee where the Subscriber can receive additional information about their account and discuss the pending termination. ~ Lake Elsinore 35 ~OENDA ITEM NO. 3/ PAGE~OF c;t;-, ~ CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: MARCH 28, 2006 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2005-09 KNOWN AS VISCAYA VILLAGE CENTER APPLICANT: TOM O'MEARA, TIMBERLINE COMMERCIAL, YON KARMAN AVE., SUITE 180, IRVINE, CA 92612 PETE AYALA, CORMAN LEIGH-TOZAI, LAKESHORE, LLC, 32823 HIGHWAY 79, TEMECULA, CA 92592 ,--.. LOCATION: The project lies within Redevelopment Project Area No. 1 REQUEST The applicant requests approval of: . Commercial Design Review No. 2005-09 BACKGROUND At their regular meeting of March 7, 2006, the Planning Commission adopted the following Resolutions based on the Findings, Exhibits and proposed Conditions of Approval: . Resolution No. 2006-25 recommending to the City Council approval of Commercial Design Review No. 2005-09. DISCUSSION Items of discussion at the Planning Commission Hearing were related to the site design, parking, landscaping, and project improvements. The Commission expressed satisfaction with the design and layout of the proposed project. It was the unanimous ,r- ACENDA 'TEM NO. r" I' 2,) 5~...___ REPORT TO THE CITY COUNCIL MARCH 28, 2006 Page 2 of3 ......., consensus of the Planning Commission to accept staff's recommendation of approval. ANALYSIS As mentioned, staff considered a number of issues relative to the development of a commercial retail center. Those issues of major importance related to site design, circulation, landscaping and lighting. Conditions of approval have been imposed on the project to enforce standards to reduce impacts of the project on adjoining properties. FISCAL IMPACT The development will have a positive fiscal impact to the community and the City. The development has been estimated to generate positive sales tax for the City at project build out. The City will also be positively impacted by the significant increase in available jobs and the growth in the commercial retail and restaurant businesses in the surrounding areas, such as Lake Elsinore Square and Lake Elsinore Marketplace that will be drawn by the prime location '-' RECOMMENDATION 1. The Planning Commission recommends that the City Council adopt City Council Resolution No. 2006-_ approving Commercial Design Review No. 2005-09. 2. Staff Recommends that the Agency Board concur with the City Council adoption of Resolution No. 2006-_ referenced above. PREPARED BY: KIRT A. COURY, PROJECT PLANNER APPROVED FOR AGENDA BY: '-' Q.tfJ~l~DA ITEM No. 3~ PIlle -4- '-".-- , '" E .' '.' ". -._-..~ .":' :~. ~ '" "--.. ___ t '.": (...J do- -~-- REPORT TO THE CITY COUNCIL MARCH 28, 2006 Page 3 of3 ~ ATTACHMENTS 1. Vicinity Map. 5. City Council Resolution No. 2006-_, approving Commercial Design Review No. 2005-09. 6. City Council Conditions of Approval. 7. Planning Commission Staff Report, Resolutions, Conditions of Approval, and Exhibits from the March 7, 2006 meeting. 8. Full Size Plans. I""'""' ~, AGENDA ITEM No.3;; PAcr. 3---- 5 i-- . ,.,;-- l -' '--.I L___ , I . -----___-J 1__f.!!:!:.~~~~~E___ RIVERSIDE coumv CLEVELAND NA T10NAL FOREST SoIwce:AAACiIySerles ^ NORTH SCALE: o .6 I I I MILES o CITY OF LAKE ELSINORE o RIVERSIDE COUNTY o NATIONAL FOREST LAKESHORE VILLAGE "-" VICINITY MAP AGENDA ITEM NO. ;3 :>. PAGE 4 OF 5 a. /"" RESOLUTION NO. 2006-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-09 FOR THE DESIGN AND DEVELOPMENT OF A 13,692 SQUARE FOOT COMMERCIAL RETAIL CENTER ON 1.5 ACRES LOCATED AT THE SOUTHEAST CORNER OF LAKE SHORE DRIVE AND VISCA YA STREET WHEREAS, Tom O'Meara, Timberline Commercial, has initiated proceedings to approve Commercial Design Review No. 2005-09 for property located at the southeast comer of Lakeshore Drive and Viscaya Street.; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on March 7, 2006 made its report upon the desirability of the proposed project and made its recommendations in favor of the project by adopting Planning Commission Resolution No. 2006-25 recommending to the City Council approval of Commercial Design Review No. 2005-09; and ,,-, WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 28, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE City of Lake Elsinore DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council has considered the proposed project prior to making a decision to approve Commercial Design Review No. 2005-09. The City Council finds and determines that this project has been provided environmental clearance through Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the City Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary: ~ U:\kcoury\C_2005-09 (Viscaya Village Center)\CC RESO.DR.doc ACiENOA ITEM NO. ....:;:L PAGE 5 OF 5~ CITY COUNCIL RESOLUTION Page 2 of 4 COMMERCIAL DEISGN REVIEW NO. 2005-09 SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore, the following findings for the approval of Commercial Design Review No. 2005-09 have been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan, the Zoning District and the Lakeshore Village Specific Plan in which the project is located. The proposed Commercial Design Review located at the southeast corner of Lakeshore Drive and Viscaya Street complies with the goals and objectives of the General Plan and the Lakeshore Village Specific Plan, in that the approval of this Commercial Shopping genter will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed project located at the southeast corner of Lakeshore Drive and Viscaya Street is appropriate to the site and surrounding developments in that the project will construct a commercial shopping center in accordance with appropriate development and design standards contained in the Lakeshore Village Specific Plan. The project creates interest and varying vistas as a person moves along any project street. The project also complements the quality of existing neighboring development and will continue to provide visually-pleasing design and architecture within the project area. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Staff has determined that this project is consistent with the Lakeshore Village Specific Plan. Environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the City Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary. U:\kcoury\C_2005-09 (Viscaya Village Center)\CC RESO.DR.doc ~ ~. ~ AOENDA ITEM NO. .3;;J 'q ~ PAGE h OF 5~ /"""' CITY COUNCIL RESOLUTION Page 3 of 4 COMMERCIAL DEISGN REVIEW NO. 2005-09 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 subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at the southeast corner of Lakeshore Drive and Viscaya Street has been scheduled for consideration and approval of the Planning Commission. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California approval of Commercial Design Review No. 2005-09 PASSED, APPROVED AND ADOPTED this 28th day of March 2006, by the following vote: /"""' AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, Deputy City Clerk /"""' U:\kcoury\C_2005-09 (Viscaya Village Center)\CC RESO.DR.doc AGENDA ITEM NO. 3 ;;2 , ~~AOE l Of 5d... 1-,:''''.:'-' ..: CITY COUNCIL RESOLUTION Page 4 of 4 COMMERCIAL DEISGN REVIEW NO. 2005-09 .....", APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) ....", U:\kcoury\C_2005-09 (Viscaya Village Center)\CC RESO.DR.doc ....", AOENOA ITEM NO. 3;;J \. PAGE 8 Of 5~ Ihi". ~ GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 subject project known as the Viscaya Village Center located the southeast comer of Lakeshore Drive and Viscaya Street, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold hannless the City. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. DESIGN REVIEW FOR COMMERCIAL PROJECT NO 2005-09 ---- 3. The Design Review approval located at the southeast comer of Lakeshore Drive and Viscaya Street shall lapse and become void two (2) years following the date on which the Design Review became effective, unless prior to the expiration of two (2) years, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this two (2) year period and shall continue to be valid upon a change of ownership of the site. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto, or a construction/site improvement phasing plan as otherwise approved by the Community Development Director. 6. 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 Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. "".-. 7. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. AGENDA ITEM NO. :3;:) PAGE ~ Pf_ S~ ;~\~,..~- - . CONDITIONS OF APPROVAL Page 2 of 8 VISCAYA VILLAGE CENTER ......" 8. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 9. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 10. 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. This may require increased parapet height. 11. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plan~ of the fixture. All light flXtUres shall match the architectural style of the building. A photometric Plan illustrating this . condition shall be required subject to the review and approval by the Community Development Director or designee 12. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 13. All cornice elements and back sides of parapets exposed to public view shall be architecturally ......" enhanced, subject to the review and approval of the Community Development Director or Designee. 14. All building signage shall comply with Uniform Sign Program No. 2005-02. 15. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 16. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 17. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 18. On-site landscaping shall be enhanced at all entry areas and major intersections and shall be subject to the review and approval of the Community Development Director or Designee. 19. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 20. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 21. No exterior roof ladders shall be permitted. ....", AOENDA ITEM NO. 3;;J \.~&JQ __01=_ 5 ~ .l~'.; " . CONDITIONS OF APPROVAL Page 3 ofs ~ VISCAYA VILLAGE CENTER 22. All service and loading doors shall be painted to match the building. 23. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS 24. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 25. 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 Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to fmallandscape approval based on the Consultant's fee plus forty percent (40%) City fee. . 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. ,,,--... . Applicant shall plant street trees selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at least twenty-four-inch (24") box in size. . All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. . Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). . Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. . Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as pan of the landscaping plan. . 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 dro~ght resi~tant plantings with combination drip irrigation system to be used to prevent exceSSIve watermg. ~. . All landscape improvements shall be bonded 100% for material and labor for two years 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 Community Development Director or Designee. AOENOA ITEM NO. PAGE \ \ 3.::l OF 5~ CONDITIONS OF APPROVAL Page 40fS VISCA YA VILlAGE CENTER ~ · 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. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. · Final landscape plan must be consistent with approved site plan. · Final landscape plans to include planting and irrigation details. 26. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building pennits and final approval. 27. Prior to issuance of building pennits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 28. Prior to issuance of building pennits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 29. Prior .t~ issuance of building pennits, applicant .shall pay park-in-lieu fee in effect at time of building penrut Issuance. CONDITIONAL USE PERMIT NO. 2005-20 ~ 30. The Conditional Use Pennit approved herein shall lapse and shall become void two (2) years following the date on which the use pennit became effective, unless prior to the expiration of two (2) years a building pennit is issued and construction commenced and diligently pursued toward completion on the site. 31. The Conditional Use Pennit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 32. The Conditional Use Pennit 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. 33. Prior to final certificate of occupancy of the Conditional Use Pennit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 34. The hours of operation for the project shall be limited to the hours of operation expressed within the Business Plan submitted. 35. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. ~ ACENDA ITEM NO. .3.;;;) " PACE \ 'd. OF 5 'J.. CONDITIONS OF APPROVAL Page 5 of 8 VISCA YA VILLAGE CENTER r- 36. No outdoor food vending shall be permitted with the proposed project. 37. Security lighting shall be required All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. DESIGN REVIEW FOR UNIFORM SIGN PROGRAM NO. 2005-02 38. The decision of the Commission shall be final ten (10) 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. 39. The applicant shall apply for a sign permit and pay appropriate fee for any sign installed at the project SIte. 40. The location, size, style, and color for all signs shall comply with the Sign Program (Approved herein). .Any additions or revisions to the Sign Program shall require Planning Division review and approval. 41. The Design Review approval for Sign Program No 2005-02 for the project known as the Viscaya Village Center shall lapse and become void one (1) year following the date on which the Design .,-... Review became effective, unless prior to the expiration of one year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 42. .Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 43. All exterior sign lighting shall be reviewed and approved by the Community Development Director. ENGINEERING 44. All drive entrances shall be clear of parking stalls and drive aisles for a distance of forty (40) feet. 45. Applicant shall comply with the mitigation and conditions of approval identified in Mitigation Negative Declaration No. 2003-03, Tract Map No. 32008 and the Lakeshore Village Specific Plan.. 46. All sign age and landscaping shall be located so as to not obstruct the sight distance of vehicles entering or exiting the development. 47. Applicant shall pay City TIF and County 1UNlF fees as applicable. r- 48. Provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. AGENDA ITEM NO. 3 ~ PAOE \\ Of 5~ CONDITIONS OF APPROVAL Page 60fs VISCAYA VILlAGE CENTER 49. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to fmal map approval. ~ 50. All street improvements, including traffic signals, shall be installed and functioning prior to first certificate of occupancy. 51. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIP), traffic uniform mitigation fees, encroachment permit fees as applicable along with inspection fees associated with the project and its development. 52. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. The letter provided to the underlying developer may be substituted as long as this parcel is identified in the document. 53. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 54. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 55. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~ ~" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved 56. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners if applicable. 57. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 58. Provide street lighting and show lighting improvements as pan of street improvement plans as required by the City Engineer. Prior approvals through the underlying developer may be used to satisfy the condition. 59. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 60. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. .~ AGENDA ITEM NO. 3.:t. PACE '4 OF 5~ CONDITIONS OF APPROVAL Page 70fs VISCAYA VILLAGE CENTER "......... 61. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 62. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously provided by the underlying developer. 63. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured 64. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 65. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 66. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 67. Meet all requirements of LEMC 15.68 regarding flood plain management. 68. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the r- Riverside County Flood Control District prior to issuance of a building permit. Developer shall mitigate any flooding and! or erosion caused by development of site and diversion of drainage. 69. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 70. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 71. Education guidelines and Best Management Practices (BMP) shall be provided to management of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 72. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 73. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to the issuance of a building permit. 1"- AOENOA ITEM NO. PAGE ,2> 3c9- OF 2>~ .-:... CONDITIONS OF APPROVAL Page S ofS VISCA YA VILlAGE CENTER 74. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant shall contract with CR&R, Inc., in accordance with the City's Franchise Agreement. ....." RNERSIDE COUNIT FIRE DEPARTMENT 75. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNIIT SERVICES DEPARTMENT 76. Applicant shall pay park-in-lieu fees for all proposed commercial buildings. 77. Applicant to maintain all on-site landscaping. 78. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 79. Applicant to comply with all NPD ES regulations. ....." ......" AOENDA 1TEM NO. PACE \ 6 3~ OF 5~ ~ -...----------- ,. .,,-... PLANNING COMMISSION STAFF REPORT City of Lake Elsinore Planning Divis ion 130 S. MaD Street Lake Eknore, CA 92530 (909) 674- 3124 (909) 471-1419 fax DATE: Tuesday, March 7, 2006 TO: Chairman and Members of the Planning Commission FROM: Rolfe M. Preisendanz, Community Development Director PREPARED BY: Kin A. Coury, Project Planner PROJECT TITLE: Commercial Design Review No. 2005-09, Conditional Use Permit No. 2005-20, Variance No. 2005-07, Uniform Sign Program No. 2005-02 for the project know as the Viscaya Village Center. /"'" APPLICANT(S): Tom OMeara, Timberline Commercial, Von Karman Ave., Suite 180, Irvine, CA 92612 Pete Ayala, Corman Leigh-Tozai Lakeshore, LLC, 32823 Highway 79, T emecula, CA 92592 PROJECT REQUESTS ."-'" . Commercial Design Review No. 2005-09. The applicant is requesting the approval of a Commercial Design Review to allow for the design and development of a 13,692 square foot commercial retail center on 1.5-acres. The Design Review includes two buildings with retail and restaurant space, and related improvements, and is pursuant to the Lakeshore Village Specific Plan, Chapter 17.82 (Design Review), Chapter 17.38 (Non-Residential Design Review), and Chapter 17.44 (C-l, Neighborhood Commercial District) of the LEMC . Conditional Use Pennit No. 2005-20. The applicant is requesting the approval to allow for the establishment of outdoor dining for Pad "A>>. The review and analysis is pursuant to the Lakeshore Village Specific Plan, Chapter 17.38 (Non-Residential Design Review), Chapter 17.44 (C-l, Neighborhood Commercial District), and Chapter 17.74 (Conditional Use Pennits) of the LEMC . Variance No. 2005-07. The applicant is requesting a variance for the reduction of building, parking and landscaping setback requirements along Lakeshore Drive, pursuant to the Lakeshore Village Specific Plan, Chapter 17.38 (Non-Residential Development), and Chapter 17.76 (Variances) of the LEMC 3;l A<iENDA ITEM NO. PAGE_ \\ OF '5~ PLANNING COMMISSION STAFF REPORT MARCH 7, 2006 Page 2 of 11 PROJECT TITLE: VISCA YA VILLAGE CENTER · Uniform Sign Program No. 2005-02. The applicant is requesting approval of a Sign Program for The Vi~ Village Center pursuant to the Lakeshore Village Specific Plan, Chapter 17.38 (Non-Residential Development)) Chapter 17.44 (C-1, Neighborhood Commercial District)) and Chapter 17.94 (Signs-Advertising Structures)) of the LEMC. ~ BACKGROUND The Lakeshore Village Specific Plan was approved by the City Council in October of 2003. The Specific Plan is divided into four separate Planning Areas) each of which proposes varied residential and commercial uses. Tentative Tract Map No. 32008 was approved by the City Council in March 2004. The project site is identified as lot 168 of recorded Tract Map 32008. PROJECT LOCATION The proposed project is located on Lakeshore Drive) west of Riverside Drive at the southeast comer of Lakeshore Drive and Viscaya Street. ENVIRONMENTAL SETTING Lakeshore Village Speci c Plan Lakeshore Village Speci c ~ Neighborhood Commercial Plan Plannin Area North Vacant C-l, Neighbor. Commercial Future Specific Plan 'j' and General Commercial South Vacant Lakeshore Village Specific Plan Lakeshore Village Specific (Detached Single Family Plan Residential Plannin Area East Vacant and commercial C-2, General Commercial Future Specific Plan "Q" District and Cop, Commercial and General Commercial Park District West Vacant and commercial Lakeshore Village Specific Plan Lakeshore Village Specific Neighborhood Commercial Plan Plannin Area PROJECT DESCRIPTION(S) COMMERCIAL DESIGN REVIEW NO. 2003-12. The applicant is requesting the approval of a Commercial Design Review to allow for the design and development of a 13)692 square foot commercial retail center on 1.5-acres. The Design Review includes two buildings with retail and restaurant space) and related improvements) and is pursuant to the Lakeshore Village Specific Plan) Chapter 17.82 (Design Review), Chapter 17.38 (Non- Residential Design Review), and Chapter 17.44 (C-t, Neighborhood Commercial District) of the LEMC. Ultimately, staff recognized that following elements of design review required description and analysis: ~ AGENDA ITEM NO. 3~. PAGE \~ OF 5~ .,' :~~.. ,r- ,~ ~. PLANNING COMMISSION STAFF REPORT MARCH 7,2006 Page 3 of 11 PROJECT TITLE:VISCAYA VILLAGE CENTER . Siting . Circulation and Parking Space Layout . Pedestridn Accessibility . Landscaping . A rchita:tJ.tre . O>lar and Materials sm The proposed 13,692 square foot commercial retail center, as well as associated parking and landscaping improvements will be constructed on the 1.5 acre site. Two buildings are proposed on the site identified as Shop Building and Pad "A". The buildings will incorporate a restaurant tenant as well as inOOe retail tenants. A twelve foot (12') average and a fifteen foot (15') average bermed landscape area is proposed along Lakeshore Drive and Viscaya Street respectively. The main entry for the shopping center will be available by the way of one driveway located off of Lakeshore Drive and an additional driveway on Viscaya Street. Generally, parking will be oriented to the central area of the site. SHOP BUILDING The building is generally located along the eastern end of the project site. The square footage of the building is 7,500 square feet of general retail space. Parking will be located to the west of the building. PAD "A>> The 6,192 square foot building identified as Pad "A" will be located at the northwest comer of the site. Pad "A" is designed as a 2,000 square foot restaurant with outdoor dining and 4,192 square feet of general retail space. Parking for Pad" A" will be primarily located to the south and east of the building. Circulation and Parking Spcu:e Layout Through circulation to the Shopping Center will be made available by the way of two- (2) access driveway approaches. One (1) project access driveway will be constructed along Lakeshore Drive. One driveway access will also be constructed along Viscaya Street. It should be noted, a traffic signal is required to be constructed at the intersection of Viscaya Street and Lakeshore Drive. Parking for the Site has been provided pursuant to Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and the Lakeshore Village Specific Plan. Since outdoor dining is proposed with the restaurant tenant of Pad "A", staff calculated parking according to the parking requirements of the Lakeshore Village Specific Plan. Considering this, staff calculated the parking needs for general retail as 1 space per 250 square feet, and restaurants on a ratio of the total building area for "customer area" (1 space/ 45 square feet) and non-customer area (1 space/200 square feet). Considering this, the following is the Parking Analysis proposed: AOENOA ITEM NO.. 3 ~ '.', PAGE \~ OF 5~- PLANNING COMMISSION STAFF REPORT MARCH 7,2006 Page 4 of 11 PROJECT TITLE:VISCAYA VILLAGE CENTER '-' 7,500 30 30 PAD "A" Restaurant: 1,200 27 27 Customer Area Restaurant: Non- 800 4 4 Customer Area Restaurant: 400 9 9 Outdoor Dining General Retail 4,000 16 16 As indicated in the analysis above the project requires and is providing a total of 86 parking spaces. Parking spaces will be designed at 90-degree angles, with minimum twenty-five (25') two-way drive isles. The typical parking space for the proposed center will provide the minimum standard nine ,..." feet (9') by eighteen feet (18') parking space, with the exception of fourteen (14) parking spaces identified for compact parking located within the project site. It should be noted that sixteen (16%) percent of the total number of parking spaces is allocated for compact parking (the Zoning Code allows up to a maximum of 25% within commercial developments). All parking spaces will be double stripped. Handicap parking spaces will be provided pursuant to applicable building codes. Pedestrian Accessibility Pedestrian walkways have been provided throughout the site and along the perimeter of the project site. Decorative" Enhanced Paving" will be designed at both site entries, providing a vehicle "calming device" for safe pedestrian access. The main pedestrian walkways located in the central portion of the site will incorporate landscaping and decorative trelliswork. Landscaping The applicant is proposing to develop the 1.5 acre site with 15,583 square feet of landscaping or seventeen percent (17%) of the site. A ten foot (10') landscape buffer separates the building, parking and landscaping areas from the public right-of-way. Considering that the building, parking, and landscaping setback is less than the requirement of 20 feet average and 15 feet minimum, (fable 3 c; Neighborhood Commercial, Development Standards) of the Lakeshore Village Specific Plan, a variance is also requested herein and will be discussed later in this report ~ AGENDA ITEM No.3;)" PAGE ~O OF 5~ PIANNING COMMISSION STAFF REPORT MARCH 7,2006 ,..-.... Page 5 of 11 PROJECT TITLE:VlSCAYA VlLIAGE CENTER A rchif1rtUre The architectural style of the shopping center can be classified a contemporary design. All the buildings within the center have been architecturally designed to incorporate common and distinct elements that can be found throughout the center, providing a sense of continuity and identification. On the whole, the buildings will be constructed of cement plaster with enunciated reveals strategically placed throughout the wall areas. The buildings will feature cornice parapets and clay tile roofs with select repetitive architectural enhancements. The enhancements, which have been thoughtfully incorporated within the architectural design, include pitched roof elements, "stucco finished" cornice segments, ceramic tile, decorative trelliswork, wainscot ledge stone veneer, architectural columns, and ornament exterior surface mounted fixtures. Color and rnate1ids The applicant is proposing a shopping center, which will have common architectural elements and colors and materials throughout. The following is a compilation of the colors and materials proposed for the Shopping Center: CEMENT PLASTER WAIlS AND FOAM MOLDING. BENJAMIN MOORE MYAN GOID #175 PERSIAN MELON #117 NAVAJOWHITE #EXT.RM. NAVAJO WHITE SOLID STAIN FOREVER YOUND #066 WARM APPLE CRISP # 1091 DARK BRONZE ALUMINUM .~ COLUMNS & WAINSCOT GLAZING QUICK STACK "FOURRNERS" "CORONADO STONE" CLEAR ANODIZED ALUMINUM STOREFRONT SYSTEM CLAY ROOFING TTI..E CORDOVA COLOR BERNINI (BRICK RED) CORDOVA TTI..E ROOFING (pITQ-IED ROOF) CERAMIC ACCENTS CONDITIONAL USE PERMIT NO. 2003-17 The applicant is requesting approval through the proposed Conditional Use Permit (CUP No. 2006- 20) to allow for the establishment of outdoor dining for Pad "A". The review and analysis is pursuant to Chapter 17.38 (Non-Residential Development Standards), Chapter 17.44.030.D (Neighborhood Commercial District), Chapter 17.48 (C-2, General Commercial District), Chapter 17.66 (Parking Requirements) and Chapter 17.74 (Conditional Use Permits) of the .---- LEMC. AGENDA ITEM No.3;;; PACE ~ \ OF 'S ~ - T PIANNING COMMISSION STAFF REPORT MARCH 7,2006 Page 6 of 11 PROJECT TITLE: VISCA YA VILIAGE CENTER \T~CENO.2005-07 ~ The applicant is requesting a \Tariance, pursuant to Section 17.48.080 (A) to allow for the reduction of the required 20 feet average and 15 feet minimum building, parking and landscape setbacks along Lakeshore Drive. The applicant is being required to install ultimate roadway improvements along the southerly side of Lakeshore Drive. The existing businesses along the same side of Lakeshore Drive exist in place at a minimum of ten (10') to fifteen (15') feet in front of the property line of the \Tiscaya \Tillage Center project site (encroaching the same distance into the Lakeshore Drive right-of- way area). The required improvement area pushes the curb line southerly into the project site, leaving insufficient room to accommodate the required setbacks. A ten foot (10') landscape buffer separates the building and parking areas from the public right-of- way. The right-of-way/parkway area includes a five (5') curb adjacent sidewalk with a seven (7') foot landscape area up to property line. As a result, the project appears to accommodate the minimum fifteen (15') foot parking and landscaping setback. Because of the roadway improvement and ultimate reduction of property size, the applicant suffers a hardship not shared by projects of similar size and nature in the immediate area. UNIFORM SIGN PROGRAM NO. 2005-02. The request for a Sign Program is supportive of the purposes of Chapter 17.94 (Signs-Advertising Structures) of the (LEMC) in that the Sign Program will avoid the indiscriminant and substandard assembly, locations, illumination, coloring and size and proper maintenance of signs within the Shopping Center (Exhibit 'B). ....." Essentially, the objective of the proposed Sign Program is to provide standards and specifications that assure consistency of signage throughout the Shopping Center in regards to the quality, composition, size and placement. Moreover, the adopted Sign Program will then be referenced and enforced by the City as the standards and specifications for all future signage within the Shopping Center Area. Moreover, the Sign Program will also assist the landlord and! or Property Management Group in selection and approval of all proposed signage. EN\TIRONMENTAL Environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore \Tillage Specific Plan. Said environmental document was prepared in accordance with Anicle 6 of the CEQA Guidelines and was approved by the City Council in 2003. The proposed project is consistent with the Lakeshore \Tillage Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary. RECOMMENDATIONS It is recommended that the Planning Commission adopt Resolution No. 2006-_ recommending to the City Council approval of Commercial Design Review No. 2005-09; Resolution No. 2006-_ approving Conditional Use Permit No. 2005-20; Resolution No. 2006-_ approving \Tariance No. '""'" AGENDA ITEM NO. 3>:l '.PACE ~~ OF 5~ tt.c.' PLANNING COMMISSION STAFF REPORT MARCH 7,2006 Page 7 of 11 PROJECT TITLE:VISCA YA VILLAGE CENTER ,"'--'" 2005-07; Resolution No. 2006-_ approving Uniform Sign Program No. 2005-02 based the following Findings, Exhibits" A" thru "1" and the proposed Conditions of Approval. FINDINGS - DESIGN REVIEW 1. The project, as approved. will comply with the goals and objectives of the General Plan, the Zoning District and the Lakeshore Village Specific Plan in which the project is located. The profXJsed Ccmrrmid Design Review kxatRd at the southeast comer of Lakeshare Driw and Vtseaya Strret C011{iies with the goals and o~ of the General PIdn and the Lakeshare VilUzge Specific Plan, in that the approwl of this Ccmrrmid Shopping Center will assist in adneuing the ~ of a udI-balanad and funaimal mix of residenfi4 canrrmial, industrid, 0JX!n space, recreatiand and institutiand land uses, diw-sifying Lake Elsinore's ewumic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proJXJsed prujoct locaud at the southeast comer of Lakeshare Drilx and Visazya Strret is appropriate to the site "and s~ dezx/op;mts in that the prujoct will COJ1.5trUJ:t a canrrmial shopping center in ~ 7iith appropriate ~ and desifffl standards cantairur1 in the Lakeshare Vill4ge Specific Pm The project creates interf!St and varying vistas as a JX!rSOn rrJfJU!S along any project strret. The projrt also crr11{iunmts the quality of existing neighlxning ~ and will cootinue tfJ provide visually-pleasing desifffl and cmbitErtUre within the project area. ,,-... 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Staff has determinni that this prujoct is ansistent with the Lakeshare Village Specific Pm Emirrnrxntal c!MraJ'I(E and analysis for the proJXJsed application is provided by Mitigaud Negatiu? Drlaration No. 2003-03, WidJ W1S prefW'fd far the Lakeshare Vill4ge Specific PIdn. Said erwirrnrmtal docurnmt W1S prefW'fd in ~ with Article 6 of the CEQA Guidelines and W1S apprmxd by the City Coumil in 2003. The profXJsed prujoct is ansistent 7iith the Lakeshare VilUzge Specific PIdn and there[ure, dres not anflia with the findings and discussions cootainai in the Mitigaud Negatiu? Decl4ratian. Further erwirrnrmtal c/eararu:e is not 11ffI:!55a'YY. 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 subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant tfJ Ser:tion 17.82.070 (Action of the Pldnning Carmission) of the Lake Elsinore Municipal 0xIe (LEMC), the proJX>sed Ccmrrmid Desifll Review locataJ at the southeast comer of Lakeshore I>rire and Viscaya Strret has bren scI:xrJuki far consideration and approwl of the PUtnning Grnmissim. FINDINGS - CONDITIONAL USE PERMIT 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan, the Lakeshore Village Specific Plan, and the purpose of the planning district in which the site is located. ,,-- AOENDA ITEM NO. 3 ':;2. PAOe ~~ OF S~ PLANNING COMMISSION STAFF REPORT MARCH 7,2006 Page 8 of 11 PROJECT TITLE: VISCA YA VILLAGE CENTER In order to achier:e a 7Rdl bahnaxi and ./Unctia1al mix of residential, crmnm:ial, industridl, opm spare, nrreLl1imal and institutimalland uses, st4fhas t:harvurjJly emluated the land use crrnpatibility, noise, trajJic and ot/x:r erwircnrrmtal hazards relaud to the proJXJSed CauIitianal Use Permit far tl11Olddror dining an?a locat<<i at the southeast romer of Lakesharr! ~ and Vzscaya Street. Accordingly, the proJXJSed land use is in ca1.a01fJ1a? W1h the objectices of the General Plan, the Lakeshare Village Specific Plan, and the purjXJse of the planning distria in Wich the site is kxatIxl 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or wolking within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In aamrl with the purjXJses of the 0Japter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal 0xIe, the City realized that the proJXJSed outdror dining an?a kxated at the southeast comer of Lakeshare ~ and Vl.5Ca)U Street may hare a potentid to negatir:ely irrlput the uelfare of JX!rSOnS residing or 7Wrking within the neighlurlxxxi or the City. Considering this, st4f has substantiatRd that aU applicdie City Departments and Agencies hare hm ajfon;kd the 0jJJXJr1Unity far a thoroogh ~ of the use and hare inrorpJrated aU appliaJhle comrx:nts a:nd/ or cooditions relatRd to instdlatian and rna:intenaJKe of landscaping, street daIicatims, ngulatians of jXJints of whiaJar ingress and ~s and control of potential nuisances, so as to eliminaJe any neg~ im{xKts to the general health, safety, amfm, or general uelfare of the sunvunding neighlurlxxxl or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The profXJsm outdror dining an?a kxated at the southeast comer of Lakeshare ~ and Viscaya Street has hm design<<i in consideratian of the size and shape of the property, thereby strengthming and enhancing the imrrHliate crmnm:ial an?aS. Further, the projoct as profXJsed, will amplmmt the quality of existing deWopnmt and wiD credte a visudly pleasing, non-detractire relatiooship lx?tuxm the profXJsm and existing projocts, in that the proJXJSed uses h~ hm reviemd to ensure adequate provision of smmingfrrm the puHic rigpts-of-way or adjaam proJX:rties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The profXJsm outdror dining an>a kx:atRd at the southeast comer of Lakeshore ~ and Viscaya Street has tren revielml as to its relation to the width and tyfX! of pawrm1 naxkd to carry the tyfX! and quantity of traffic ~ated, in that the City has adequately evaluated the potential impaas associated with the profXJsed uses prior to its appruwl and has conditima:l the projoct to le semrl by roads of adequate capacity and desif!!l standards to provide reasonahle aaBS by car, truck, transit, and bic;de. 5. In approving the subject use located at the southeast comer of Lakeshore Drive and Viscaya Street there will be no adverse affect on abutting property or the permitted and normal use thereof. The profXJsed use has tren thorrxighly revielml and cr:nditiorud by aU appliaJhle City Departments and outside Agencies, eliminating the potential for any and aU adu:rse effects on the abuttingproperty. "'" ....., ....., AGENDA ITEM NO. 3 ::2 " PACE ~4 OF 5~ -.. ~, .":...t PLANNING COMMISSION STAFF REPORT MARCH 7,2006 ~ Page 9 of 11 PROJECT TITLE:VISCAYA VILLAGE CENTER .r- ,...-- 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Penrut to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Sect:im 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal GxIe (LEMC), the profXJsed outdoor dining area kxatai at the southeast comer of Lakeshare ~ and Viscaya Strret has lx?en scIxritJ<<l for coosideratim and approml of the Planning Ommissim FINDINGS - VARIANCE 1. That adequate conditions and safeguards pursuant to Section 17.76.050 have been incorporated into the approval of the Variance to insure development of the property in accord with the objectives of the General Plan, the Lakeshore Village Specific Plan, and the purpose of the planning district in which the site is located. The proJXJsed Varianre located at the southeast comer of Lakeshare ~ and Viscaya Strret cxrnJiies with the wJs and objrtiu:s of the General Plan, in that the approml of this rrduaion in building, parking and landscaping setback frrm 20 foot cn:erage and 15 foot minimum to 10 feet will assist in adieving the dece/aprmt of a 7reIl-balanarl and .fimaimal mix of residmtial, cormm:ial, industrial, 0jX!n space, recreatimal and institutional Utnd uses as 7reIl as enmuraging cormm:ialland uses to dicersifJ Lake Elsinores eananic Wse. Further, adequate conditim.s and safeguards pursuant to Soctim 17.76.050 of the Lake Elsinore Munit:ip:d GxIe (LEMC), hare 1an inaJrporaud in the approwl of the variana? to insure dece/aprmt of the projmy in aaurd with the objrtiu:s of the General Plan, the Lakeshore Vtllage Specific Plan, and the purpose of the planning district in 'lRhidJ the site is located. A pprowl of the Varianre will allow the project to Ix? built in aaurcIaJu:e with ultimate strret dedicatim and right-of.qmy requirrments and still maintain dece/aprmt coosistency with other cormm:ial buildings in the iTnrmiiate ared. 2. That there are special circumstances, pursuant to the purpose of this Chapter, applicable to the subject property which do not apply generally to other properties in the neighborhood, and, therefore, granting of the Variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. The profXJsed Varianre located at the southeast comer of Lakeshore ~ and Viscaya Strret is appropriate to the site and surraou/ing deuioprmts in that the proJXJsed cormm:ial shopping center has 1an desigrud in coosideratim of the size shape and toJXY6raphy of the proJXYty, thereby creating interest and -wrying vistas as a person mou:s along the street. The project as pruJXJSed, will arnJiormt the quality of existing dece/aprmt and uill create a visually plmsing, non-detr~ relationship l:rtuan the proJXJsed and existing prop in that the building orientatim and setbacks, as 7iX?U as arr:hitJJ::tUral desWz-, coIar and materials and will not coostitute a grant of special privileges inansistent with the limitations upon other properties in the vicinity and district in uhidJ the subjrt project is kmud. 3. That in approving the Variance, any reductions authorized from the strict interpretation of the Zoning Ordinance represents the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. In granting a mluaion of the building, parking and landscaping setbacks along Lakeshore ~, the City has detenninRd that the request for a variana? will represent the rninimtm deviatim frrm the GxIe necessary to fUlfill the purjXJ5e of the Lakeshorr Village Specific Plan and emJble reasuruthle dece/aprmt of the prvJX:rty. ACENDA ITEM NO. 3Q PAGE ~ 5 OF '5'l PlANNING COMMISSION STAFF REPORT MARCH 7,2006 Page 10 of 11 PROJECT TITLE: VISCA YA VILlAGE CENTER FINDINGS - DESIGN REVIEW FOR SIGN PROGRAM 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The projXJsed Sign Program far the Cnrtnrrcial Shopping Cmter knoun as the Viscaya Village Center crrrrpies with the goals and objec1il:es of the General Plan, Lakeshore Villdge Specific Plan, and the planning, district in uhich the site is located, in that the apprmd of this Sign Program will assist in achieving the deuiopnmt of a mdl-ba&na>d and jUnaimal mix of residmtial, carttrm:ial, industrial, open spare, rrrrmtimal and institutional !and uses, diu:rsifying Lake Elsinore's ecrnonic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proJXJsed Sign Program far the Cnrtnrrcial Shopping Cmter knoun as the Viscaya Village Center is appropri4te ro the site and surrounding derelopnmts in that the Sign Program far Viscaya Village Center has bren desigrud in consideration of the size and shape of the prop;rty, thereby mming interest and wryzng vistas as a person 111OlX:?S a1mg the street. Further the projrt as proJXJsed will crrnJimmt the quality of existing deuiopnmt and will create a visually pleasing, nm-detrac:t:ire relatimship ktlim1 the proJXJsed and existing projocts in that the arrhiuaural design, color and materials and site design proJXJsed evidma? a cauem far quality and ariginality. . 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Sf4jf has detenniJud that this project is coosistent with the Lakeshore Vtllage Specific Plan. Erwirrnrrmtal dMrtlJUE and analysis far the projXJsed applicatim is pruuid<<J by Mitigatld Neg~ Doclaration No. 2003-03, 'lRiidJ 'lWS prepared far the Lakeshore Village Specific Plan. Said erwirrnm.ntal da:urnmt 'lWS prepared in cuxurr:IamE with Article 6 of the CEQA Guidelines and W1S approud by the City Council in 2003. The proJXJsed projrt is coosistent yjJh the Lakeshore ViUage Specific Plan and therefare, dres rwt anflict with the .fim/ing5 and discussions containai in the Mitigatfd Negatiu? Doclaration. Further erwironnmtal dMrtlJUE is rwt mressary. 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 subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Purswnt ro Section 17.82.070 (Actioo of the PImuzing Canmission) of the Lake Elsinore Municipal QxJe (LEMC), the profXJsed Sign Pragram far the Cnrtnrrcial Shopping Center knoun as the Viscaya Village Center has bren schedukd far coosideration and apprmd of the Planning Ommission. PREPARED BY: KIRT A. COURY, PROJECT PlANNER REVIEWED AND APPROVEDBY: ROLFE M. PREISENDANZ, COMMUNITY DEVELOPMENT DIRECTOR .....", ....., .....", AGENDA ITEM NO. 3 :J PAGE ~b OF 5~ ....- \':.i::' . PLANNING COMMISSION STAFF REPORT MARCH 7,2006 ,- Page 11 of 11 PROJECT TITLE: VISCA YA VILLAGE CENTER ATTACHMENTS 1. PLANNING COMMISSION RESOLUTIONS 2. CONDITIONS OF APPROVAL 3. EXHIBITS Exhibit 'A' Vicinity Map Exhibit 'B' Site Plan Exhibit 'c' Preliminary Landscape Plan Exhibit 'D' Preliminary Grading Plan Exhibit 'E' Building Elevations Exhibit 'PO Uniform Sign Program No. 2005-02 Exhibit 'G' Full Size Exhibits Exhibit 'H' Color Site Plan (presented at hearing) Exhibit 'I' Color Building Elevations (presented at hearing) Exhibit 'J' Color and Materials Board (presented at hearing) ,,-.- ,-. AGENDA ITEM NO. .Y /H>:'AOE ~\ OF 5~ RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2005-09 TO ALLOW FOR THE DESIGN AND DEVELOPMENT OF A 13,692 SQUARE FOOT COMMERCIAL RETAIL CENTER LOCATED ON 1.5 ACRES OF LAND FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKESHORE DRIVE AND VISCA YA STREET ....." WHEREAS, Tom OMeara, Timberline Commercial, has initiated proceedings to allow for the design and development of a 13,692 square foot commercial retail center located on 1.5 acres of land for property located at the southeast comer of Lakeshore Drive and Viscaya Street; and WHEREAS, th~ Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 7, 2006; NOW lHEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: ....." SECTION 1. The Planning Commission has considered proposed Commercial Design Review No. 2005-09 prior to making a decision to recommend that the City Council approve the proposed Design Review. The Planning Commission finds and determines that environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the City Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Design Review No. 2005-09 have been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan, the Zoning District and the Lakeshore Village Specific Plan in which the project is located. The profXJsed Omnmial Desigrz Review located at the southeast comer of Lakeshon? Driwand Viscaya Street canplies with the gcxds and objectiu!s of the General Plan and the Lakeshon? Village Specific Plan, in that the approwl of this Omnmial Shopping Center will assist in achieving the ~/opmu of a m-baIanarl and ....." AOENDA ITEM NO. 2>:2 . ~PAOE ~~ OF S~ .;h:;, PLANNING COMMISION RESOLUTION FOR r- COMMERCIAL DESIGN REVIEW NO. 2005-09 Page 2 of 3 Jiou:tional mix of residential, wnrrmial, industrial, 0JX?Yl spalE, rocrrational and institutimd land uses, diw-sifying Lake Elsinores emumir base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The profXJsed project kxated at the soutlxmt comer of Lakeshore IJriw and Viscaya Street is appropriate to tIx site and surrounding dea:/oprmts in that the project will construct a wnrrmial shopping center in aa:arrlana? W1h apprvpri4.te deWopnmt and desiwz standtm/s wuaimi in the lAkeshore Vtl/ag.? Specifir Plan. The project creates interest and varying vistas as a person 111(J{X3 aImg any project strrx?t. The project also ~ the quality of existing neighluring deWopnmt and will cootinue to provide visually-pleasing desiWZ and ctrehitfrtUre within tIx project area. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Stdff has detern1in<<l that this project is Consistent with the lAkeshore Villdge Specifir Plan. Erwirmrrmtal dearaJ1l'e and analysis for the prufXJsed applimtion is pruvidaJ by Mitigated Negatire Declaratim No. 2003-03, uhidJ ut.ZS prepzred for the Lakeshore Village Specifir Plan. Said emirrnnmtd docummt ut.ZS prepzred in aa:arrlana? with Artil:1e 6 of the CEQA Guidelines and W1S approud by the ary Council in 2003. The profXJsed project is consistent W1h the Lakeshore Village Specific Plan and therefore, das not coojlia with tIx findings and discussions contain8i in the Mitigated Negatire Declaration. Further emirrnnmtd clMraJ1l'e is not mressary. 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 subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Actm of the Planning OmmissWn) of the Lake Elsinore MunUifk1l 0xJe (LEMC), the profXJsed O:mrrx:rcial DesiWZ Review located at the southeast comer of Lakeshore Dme and Viscaya Street has lx:en scJxx/ulal for consideratWn and approwl of the Planning Ommissim. ",-- NOW, 1HEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Commercial Design Review No. 2005-09. Michael ONeal, Chairman Lake Elsinore Planning Commission ~ I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7, 2006 by the following vote: ACENDA ITEM NO. -3 ;) PACE 'a~ OF S~ ~ PlANNING COMMISION RESOLUTION FOR COMMERCIAL DESIGN REVIEW NO. 2005-09 Page 3 of3 ~ AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ArrEST: Rolfe M. Preisendanz, Secretary to the Planning Commission ..." '-'" AOENDA ITEM NO. 3 :l PAGE ':>0 OF S ~ ~ RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-20 FOR THE ESTABLISHMENT OF OUTDOOR DINING FOR PAD "A" FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKESHORE DRIVE AND VISCAYA STREET WHEREAS, Tom OMeara, Timberline Commercial, has initiated proceedings to request the approval of Conditional Use Permit No. 2005-20 for the establishment of outdoor dining for Pad "A>> for property located at the southeast comer of Lakeshore Drive and Viscaya Street; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits; and WHEREAS, public notice of said application has been given, an~ the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 7, 2006; NOW 1HEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: ,~ SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit 2005-20 prior to approval. The Planning Commission fmds and determines that environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the City Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Conditional Use Permit No. 2005-20 have been made as follows: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan, the Lakeshore Village Specific Plan, and the purpose of the planning district in which the site is located. In arder ro achieu: a mil baIanad and jiou:tianal mix of residential, ~, industrial, 0Jm space, rrrreatiooal and institutional land uses, st4fhas thoroughly emluated the land use amp:uihility, noise, trajjic and other errvirrronmtal hazards related to the profXJsed Conditional Use Permit far anoutdror dining area km.ted at the southeast comer of Lakeshare Drire and Viscaya Street. Accordingly, the profXJsed land use is in canmrrerKE Wth the objectiu!s of the General Plan, the Lakeshare Villal!f! Specific Plan, and the purfXJse of the pldnning distria in uhidJ the site is la:ated. ,"-'" AOENOA ITEM NO. ..3;2 PAGE '1 \ OF 5 fJ.. "'\ PlANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT 2005-20 Page 2 of 3 """". 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In aaurd with the purposes if the ClJapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal GxIe, the City rralized that the profXJsed outdoor dining area krated at the sau/he4st comer of Lakeshare Drire tlJ'ld Vtsea)tt Street may haw a potentid to mgatirely imp:1ct the 7dfare of persons residing or 'lWYking within the neighlarlxxxl or the City. Considering this, staff has substantiated that all applimhle City lJepartmmts tlJ'ld Agencies htllX! ix?en afJOrd<<l the opportunity for a t:horoogh rwiew if the use tlJ'ld hare inrorjxJrated all applimhle cormmts and/or muIitims relatal to instd!aticn tlJ'ld rnainJ:enance if landscaping, street da:limtims, regu/ations if points if 1.Xhimlar ingress and tgn5s tlJ'ld crntrol if potential nuisances, so as to eliminate any mgatire in1p1Cts to the general health, safety, crmfm, or general 7dfare if the surrounding neighlarlxxxl or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The profXJsed outdoor dining area krated at the sauthe4st comer if Lakeshore Drire tlJ'ld Viscaya Street has I:xm . desig;uri in cmsideration if the size tlJ'ld s~ if the prop;rty, thereby strengthening tlJ'ld enhancing the immdiate armx:rcial areas. Further, the projrt as proJXJsed, will ampkmmt the quality if existing deldopnent tlJ'ld will cro:lte a visually pleasing, non-detractiu? relatimship ktlmn the projXJSld tlJ'ld existing projects, in that the projXJSld uses htllX! ix?en reviel.red to ensure adequate prauisUn of screening/rrm the puhlir rights-of-wzy or adjaant '-' prvpmies. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The profXJsed outdoor dining area kxatal at the sauthe4st camer of Lakesl:Jare Drire tlJ'ld Viscaya Street has ix?en reviel.red as to its relatioo to the width tlJ'ld type if pawrmt 11R!'lial to carry the type tlJ'ld quantity if trajfr ~ated, in that the City has adequately evaiudted the potential in1p1Cts associdtal with the profXJsed uses prior to its appruml tlJ'ld has canditia1aJ the projrt to k senxd by roads of adequate capacity tlJ'ld design standards to provide reasanahle aa1?SS by mr, t:ruck, transit, tlJ'ld bU:;cle. 5. In approving the subject use located at the southeast comer of Lakeshore Drive and Viscaya Street there will be no adverse affect on abutting property or the permitted and normal use thereof. The profXJsed use has ix?en thoroughly reviel.red tlJ'ld conditia1aJ by all applimhle City lJepartmmts tlJ'ld outside Agencies, eliminating the potential for any tlJ'ld all adu:rse ejJects on the abutting proJX?rty. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Sectim 17.74.050 (Action of the Planning Commission) of the Lake Elsinore MunUip1l Gxle (LEMC), the profXJsed outdoor dining area kxatal at the sau/he4st camer of Lakesl:Jare Drire and Viscaya Street has ix?en schalukd for consideration tlJ'ld appruml of the Planning Cwmissioo. """" ACENDA ITEM NO. 3:.:l PAGE 2> d.. OF 5 'a. PLANNING COMMISSION RESOLUTION FOR ".-. CONDITIONAL USE PERMIT 2005-20 Page 3 of 3 NOW, lHEREFORE) based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2005-20. Michael ONeal, Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7, 2006 by the following vote: AYES: Commissioners: NOES: Commissioners: ,"'-'" ABSENT: Commissioners: ABSTAIN: Commissioners: ATfEST: Rolfe M. Preisendanz, Secretary to the Planning Commission ,"'-'" AGENDA ITEM NO. C3;J. PAGE ~~ OF 5~ ..:..,.... RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2005-07 FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKESHORE DRIVE AND VISCA YA STREET ...., WHEREAS, an application has been filed with the City of Lake Elsinore by Tom O'Meara, Timberline Commercial, to request the approval of Variance 2005-07, for the reduction in the building, parking and landscaping setbacks along Lakeshore Drive; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Variances for the requirements of the Zoning Code; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 7, 2006; NOW lHEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Variance No. 2005-07 and has found it acceptable. The Planning Commission fmds and determines that that environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the City Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the findings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessary: ...., SECTION 2. That in accordance with Chapter 17.76 (Variances)) of the Lake Elsinore Municipal Code the following fmdings for the project have been made as follows: 1. That adequate conditions and safeguards pursuant to Section 17.76.050 have been incorporated into the approval of the Variance to insure development of the property in accord with the objectives of the General Plan, the Lakeshore Village Specific Plan, and the purpose of the planning district in which the site is located. 1he proJXJSed Variana> kx:ated at the sout:h&st comer of Lakeshore Dril:e and ViSQ:l)'a Street crmplies with the ~ and objoctiu?s of the General Plan, in that the apJ7YrJml of this reduaUn in building, parking and landscaping setbKk firm 20 foot aw-~ and 15 foot minimum to 10 feet will assist in adJieving the der:e/oprmt of a udl-balanarl and jUnaiunal mix of residmtid, cormrrcid, industrial, opm spare, recreational and institutimalland uses as udl as enrouraging crrnrrx:rr:ialland uses to diw-sify Lake Elsinore's ecommic base. Further, adequate condit:i1Jns and safeg;wds pursuant to Soctim 17.76.050 of the Lake Elsinore MunU:ipal 0xIe (LEMC), h~ ken inmr]xJrated in the appruwl of the variance to insure deudoprrnt of the prop:rty in acrord with the objoctiu?s of the General P&n, the Lakeshore Village SpecijK P&n, and the purfXJ5e of the planning district in uhich the site is located. A ppruwl of the Varianre will allow the project to k built in ...., AGENDA ITEM NO. 3 ;t PACE ?> ~ OF 5CJ. :.!' ~ PlANNING COMMISSION RESOLUTION FOR VARIANCE NO. 2005-07 Page 2 of3 ,,--.... aarm:Ianre with ultimate strret didiattim and right-of.qmy requirowus and still maintain ~lopnent cmsistRTU:Jwith other cr:mrmtial buildings in the immrliate arm. 2. That there are special circumstances, pursuant to the purpose of this Chapter, applicable to the subject property which do not apply generally to other properties in the neighborhood, and, therefore, granting of the Variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. The profXJsed Variana> kxatRd at the southeast camer of Lakes!xJre Drice and Viscaya Street is appropriate to the site and surroonding deuioprmts in that the profXJsed cr:mrmtial shopping center has bren desiwud in ansideratioo of the size shape and foJXYtfaphy of the property, thereby creating interest and varying visuts as a persm rrKJreS akng the street. The projrt as profXJsed, will ampImmt the quality of existing der:e/npnnt and u:ill create a visuaJJy pleasing, nm-detr~ relatim.ship ~ the proJX>sed and existing projrts in that the building orientatim and setbKks, as '{reO as arrhitfrtural design, colar and materids and will not anstitute a grant of spocial ~ inansistentwith the limitatims upon other prvp:rties in the vicinity and district in uhU:h the subjrt projrt is located. 3. That in approving the Variance, any reductions authorized from the strict interpretation of the Zoning Ordinance represents the minimum deviation from. the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. . In granting a reductim of the building, parking and landscap;ng setbKks along Lakes!xJre Drice, the City has determintd that the request for a variance will represent the minimton deviatim firm the Gxle na:essary to fulfill the purjXJse of the Lakeshare Villa~ Spelifr Plan and enahle reasonahIe der:e/npnnt of the pruJX?rty. NOW, 1BEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Variance No. 2005-07. Michael ONeal, Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7,2006 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ,,--.... ABSTAIN: Commissioners: AGENDA ITEM NO. 3 d PACE ~S OF ~~ :.-r:., ~ J>. . PLANNING COMMISSION RESOLUTION FOR VARIANCE NO. 2005-07 Page 3 of 3 -..", ATTEST: Rolfe M. Preisendanz, Secretary to the Planning Commission ....., ,..." ACENDA ITEM NO. 3:J.. PACE '6b OF ~~ .,,-.. RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CAUFORNIA, APPROVING SIGN PROGRAM NO. 2005-02 FOR TIlE COMMERCIAL SHOPPING CENTER KNOWN AS TIlE VlSCAYA VILLAGE CENTER LOCATED AT TIlE SOUTHEAST CORNER OF LAKESHORE DRIVE AND VlSCAYA STREET WHEREAS, Tom O'Meara, Timberline Commercial, has initiated proceedings for Sign Program No. 2005-02; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Sign Programs; and WHEREAS, public notice of said application has been given, and the Planning Commission . has considered evidence presented by the Community Development Department and other . interested parties at a public hearing held with respect to this item on March 7, 2006; NOW lHEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: ,,-.. SECTION 1. The Planning Commission has considered proposed Sign Program 2005-02 prior to making a decision for approval. The Planning Commission fmds and determines that environmental clearance and analysis for the proposed application is provided by Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. Said environmental document was prepared in accordance with Article 6 of the CEQA Guidelines and was approved by the City Council in 2003. The proposed project is consistent with the Lakeshore Village Specific Plan and therefore, does not conflict with the fmdings and discussions contained in the Mitigated Negative Declaration. Further environmental clearance is not necessaty: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Sign Program No. 2005-02 has been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proJXJSed Sign PnYg,ram for the Cannnrial Shopping Center knozm as the Viscaya Village Center crmplies with the gWs and CJbjectiu!s of the General Plan, Lakeshare Village Specific Plan, and the planning distria in uhidJ the site is located, in that the appruwl if this Sign Pragram will assist in adieving the deu:/opnmt of a mll-baIanarl and functional mix of rr:sidentid, ~ industrid, open space, ~t:imal and institutimal !and uses, diu:rsifying Lake Elsinore's ecarzanir base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. "...-.- AGENDA ITEM NO. 3 ::;t PACE ~l Of, S~ PLANNING COMMISSION RESOLUTION FOR SIGN PROGRAM NO. 2005-02 Page 2 of 3 ~ The profXJsed Sifll Prugram JUr the Canrrm.ial Shopping Center knor.m as the Viscaya Village Center is appropriate txJ the site and surrounding deuiopnmts in that the Sifll Prugram JUr Viscaya Village Center has been desi~ in consideration of the size and sh~ of the prvJX?rty, thereby cmtting interest and utryingvistas as a person rrJfJU!S a1mg the street. Further the project as profXJsed will ~ the quality of existing deWopnent and will create a visually pleasing, nm-detractiu! relatimship ktliHn the profX)Sed and existing projocts in that the archit<<:tural desifll, color and materials and site desifll profXJsed evidena? a cmam JUr quality and ariginality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Staff has determinai that this project is cmsistent with the Lakeshare Vi~ Spocific Plan. Errvi:rrnnmtal dearal7.re and andysis for the profXJsed applicatWn is pruvidRd by Mitigated Nega~ Doclaration No. 2003-03, uhidJ W1S prepared JUr the Lakeshare Village Spocific Plan. Said erwircnrrmtal da:urrmt W1S prepared in aamr:Iamr with Artick 6 of the CEQA Guidelines and W1S apprmxd by the City Council in 2003. The profX)Sed project is cmsistent uith the Lakeshare Vi~ Specific Plan and tkrr{are, d1X!S not anflict with the jinding,5 and discussions contain8i in the Mitigated Nega~ Declaration. Further erwircnrrmtal c1earal7.re is not nm:ssary. 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 subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. ~ Pursuant txJ Section 17.82.070 (Actim of the PIarming Carmission) of the Lake Elsinore Muni1:ipal 0xIe (LEMC), the profX)Sed Sifll Prugram JUr the Canrrm.ial Shopping Center knmm as the Viscaya Village Center has been schaJu!ed JUr cmsideratim and apprawl of the PIarming Ommission. NOW, 1HEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY approve Sign Program No. 2005-02. Michael ONeal, Chairman Lake Elsinore Planning Commission I hereby cenif)r that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on March 7,2006 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ......, AGENDA ITEM NO. 3 ~ PAGE '1~ OF a~ PLANNING COMMISSION RESOLUTION FOR ",.-.. SIGN PROGRAM NO. 2005-02 Page 3 of 3 ATTEST: Rolfe M. Preisendanz, Secretary to the Planning Commission ."......... r" AGENDA ITEM NO. :b:L PAGE ~~ OF ~ 'J.. .'~.A t: -~. - ~ GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold hannless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 subject project known as the Viscaya Village Center located the southeast comer of Lakeshore Drive and Viscaya Street, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. DESIGN REVIEW FOR COMMERCIAL PROJECT NO 2005-09 3. The Design Review approval located at the southeast comer of Lakeshore Drive and Viscaya Street ...." shall lapse and become void two (2) years following the date on which the Design Review became effective, unless prior to the expiration of two (2) years, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. Th~ Design Review granted herein shall run with the land for this two (2) year period and shall continue to be valid upon a change of ownership of the site. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and intemallandscaping shall be completed as indicated on the approved plans attached hereto, or a construction/site improvement phasing plan as otherwise approved by the Community Development Director. 6. 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 Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 7. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. ......, ACENDA ITEM NO. 32- PAGe ~o OF~ CONDITIONS OF APPROVAL Page 2 of 8 ~ VlSCA YA VILLAGE CENTER 8. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 9. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 10. 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. This may require increased parapet height. 11. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fIXtUres shall match the architectural style of the .building. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee 12. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. ".--. 13. All cornice elements and back sides of parapets exposed to public view shall be architecturally enhanced, subject to the review and approval of the Community Development Director or Designee. 14. All building sign age shall comply with Uniform Sign Program No. 2005-02. 15. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 16. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 17. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 18. On-site landscaping shall be enhanced at all entry areas and major intersections and shall be subject to the review and approval of the Community Development Director or Designee. 19. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 20. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. ,/"""' 21. No exterior roof ladders shall be permitted. AOENOA ITEM NO. PAGE 4 \ 3;;2 OF 5~ CONDITIONS OF APPROVAL Page 3 of 8 VISCA YA VILLAGE CENTER 22. All service and loading doors shall be painted to match the building. ....., 23. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS 24. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 25. 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 Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to fmallandscapeapproval based on the Consultant's fee plus forty percent (40%) City fee. · 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. · Applicant shall plant street trees selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at least twenty-four-inch (24") box in size. · All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. ~ · Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). · Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. · Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. · 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 watermg. · All landscape improvements shall be bonded 100% for material and labor for two years 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 Community Development Director or Designee. ~ AGENDA ITEM NO. PAOE 4~ OF 3~ SfJ CONDITIONS OF APPROVAL Page 40fs r"'. VISCA YA VILLAGE CENTER . 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. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. . Final landscape plan must be consistent with approved site plan. . Final landscape plans to include planting and irrigation details. 26. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 27. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 28. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 29. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building pemut Issuance. ",-, CONDITIONAL USE PERMIT NO. 2005-20 30. The Conditional Use Permit approved herein shall lapse and shall become void two (2) years following the date on which the use permit became effective, unless prior to the expiration of two (2) years a building permit is issued and construction commenced and diligently pursued toward completion on the site. 31. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 32. 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. 33. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 34. The hours of operation for the project shall be limited to the hours of operation expressed within the Business Plan submitted. --- 35. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. AGENDA ITEM NO. . PAGE 4?> 3d- OF 51 CONDITIONS OF APPROVAL Page 50fs VISCA YA VILLAGE CENTER 36. No outdoor food vending shall be permitted with the proposed project. 37. Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light ftxture proposed is to match the architecture of the building. DESIGN REVIEW FOR UNIFORM SIGN PROGRAM NO. 2005-02 ..."" 38. The decision of the Commission shall be fmal ten (10) 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. 39. Th~ app~icant shall apply for a sign permit and pay appropriate fee for any sign installed at the project SIte. 40. The location, size, style, and color for all signs shall comply with the Sign Program (Approved herein). Any additions or revisions to the Sign Program shall require Planning Division review and approval. 41. The Design Review approval for Sign Program No 2005-02 for the project known as the Viscaya Village Center shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. '-' The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 42. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 43. All exterior sign lighting shall be reviewed and approved by the Community Development Director. ENGINEERING 44. All drive entrances shall be clear of parking stalls and drive aisles for a distance of forty (40) feet. 45. Applicant shall comply with the mitigation and conditions of approval identified in Mitigation Negative Declaration No. 2003-03, Tract Map No. 32008 and the Lakeshore Village Speciftc Plan.. 46. All signage and landscaping shall be located so as to not obstruct the sight distance of vehicles entering or exiting the development. 47. Applicant shall pay City TIF and County TUMF fees as applicable. 48. Provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. ..."" AGENDA ITEM NO. .:3 ;2. PACE 4~ OF S~ CONDITIONS OF APPROVAL Page 6 of 8 VISCA YA VILLAGE CENTER ~ 49. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to fmal map approval. 50. All street improvements, including traffic signals, shall be installed and functioning prior to first certificate of occupancy. 51. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (fIF), traffic uniform mitigation fees, encroachment permit fees as applicable along with inspection fees associated with the project and its development. 52. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to fmal map approval. The letter provided to the underlying developer may be substituted as long as this parcel is identified in the document. 53. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 54. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). ~ 55. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 56. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners if applicable. 57. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 58. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. Prior approvals through the underlying developer may be used to satisfy the condition. 59. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 60. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. .,--.. ACENDA ITEM NO. 3 ~ PACE 45 OF ~ 'J. CONDITIONS OF APPROVAL Page 7of8 VISCAYA VILLAGE CENTER 61. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. """"'" 62. An AIquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and! or liquefaction zones present on-site unless previously provided by the underlying developer. 63. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured 64. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 65. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 66. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 67. Meet all requirements of LEMC 15.68 regarding flood plain management. 68. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to issuance of a building permit. Developer shall mitigate any flooding and! or erosion caused by development of site and diversion of drainage. ......." 69. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 70. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 71. Education guidelines and Best Management Practices (BMP) shall be provided to management of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A>> in the Riverside County NPDES Drainage Area Management Plan. 72. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 73. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to the issuance of a building permit. '-' AGENDA ITEM NO. '3 :l. PAOE ~-b OF SIJ.. CONDITIONS OF APPROVAL Page S ofs VISCAYA VILLAGE CENTER ~ 74. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant shall contract with CR&R, Inc., in accordance with the City's Franchise Agreement. RIVERSIDE COUN1Y FIRE DEPARTMENT 75. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 76. Applicant shall pay park-in-lieu fees for all proposed commercial buildings. 77. Applicant to maintain all on-site landscaping. 78. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 79. Applicant to comply with all NPDES regulations.. .",--. ,,-... AGENDA ITEM NO. " 3;;L PACE_ ~\ OF_ 5'J.. 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I.! Iii ~ IIi I 51r! IE ~iiJ ~~~jl , ~I~i = ~:~~ . --~. i :hl! ! :~ it ~a II il"il .:3d- 50 OF 5~ ~ ! ~ ~~ ~ ifi~ \)--1 \J) ~~ tj ~ ~u.i -~ >z i ~\fi ~irl :I: >~ --I ~ \!) z 9 w_......... z-....,_ ~! ~ -.""..... 8! >-0-- . ~ ~Oo.~ +;; w~::::~ g~ ~ a:z:o-.... I~ ~ 0... ~~~: () :::I:~o_~ j ~4 If ~ ~ ::a: :~:~ ;Sa: . ~I \J) ~ ZI . AGENDA mut. 3~ PAGE S\ OF 5~ f ~ I r, I ~ "':'1 I' i Jlhl; ,!I; .il;'thh ihs1il12if ~ ~~!!~!:~!~! ~ ! i ~ I ~ A i ~ f 3 . I I ~ . a ! ~ ~ i I I I I,I'I!I i S ,i il,. I! Hhhhld! ... Ua <It ][ ~" E: 0 ~ ~~~ ~eP Z <0"': .....0 CI)'<~ ...... ~S! . , ~5~ - -<~:i ~ :::~~ ~ ..J::; -<;:> ~ ~ U5; :E "''":It w~~ ~~~ _::t::!!' r..- o~i ['""""" u__ ~ :&1 'JII 'tli I~I, /""", r- ~ I ~ I I I vi III:I~ ihi Ilhh tUg .is,'sl~lAI '~J; , I.~, e~p'&112~~ 'I i!i .11 ~ ~.!!~!:~~~. I~ 5 U ' t . t i ~ t ! I 3 I I ~I . q I i d! I I IILI!i ; f hI; illl I! I hllhhlu! i "II u." "%...It E G Ul G !< ~ ~ ~ ~ ~ 1i ~ ~ D ~ ~ - ~ ~ "':;;~ Z :;;;!~ ... ~lj rJ)<W ...... ~ 0 ~ ...> , ..., O!! ...... <~:Z c:x: :~~ ~..I.;i;1 <~~ txl u!:i :E p:iil~ :.J 10 &I: ~d~ - ,,:~ t..-. 0 ~ > r--" u C! ; ~ ~n .JJi <( ~~ ~lL w~ ~- -J~ >z ~\J) ~id -~ >:5 ~_"'7'" z-,.,.". --~~ i!ll!: ;:~: +~ ~~~: g~ ~~_: i~ :l:~:~ II ~~::~ l! NlSIDA 11.1:. 3:;l.. . PAGE 5~ OF 5~_ ,.~.> .- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL ....." TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: MARCH 28, 2006 SUBJECT: BRANDING RECOMMENDATIONS AND CONSIDERATION OF A NEW CITY LOGO AND SLOGAN BACKGROUND At a City Council study session held on February 23,2006, the Branding Advisory Panel-comprised of community stakeholders and the City's branding consultant- unveiled branding concepts for a new City logo, marketing slogan and Corporate Identity Standards Guide (CISG). DISCUSSION "-'" The need for a new brand was first proposed two years ago. The City Council felt that outside the City, Lake Elsinore's image lags behind current reality-a view widely held by local business leaders and new residents from outside the area. The primary need is to unify the City's corporate image and communications messages using a new logo and standardized identity suite. Following an RFP process, the Council approved a $53,000 branding and corporate identity contract with an Orange County marketing consultant, Mr. George Bloomfield of The Bloomfield Group, Incorporated. Project deliverables include a new logo and identity suite for the City, RDA and City Commissions; a new marketing slogan; a new Corporate Identity Standards Guide; associated vector art and layer files; and electronic templates. AGENDA ITEM NO.;)~ PAGE ~ OF 3' ....." ",-..... Staff has worked with the Bloomfield Group and the branding advisory panel since last fall to develop the new branding concepts, which were presented to the City Council last month. To move forward, a final decision remains to be made regarding acceptable refinements to the original concept presented to the Council on February 23rd. Attachment "A" shows the alternates for consideration (option A or B). On approval of a final logo version, legal counsel will be able to commence the process to protect the slogan, logo and branding elements through trademark research and the initial state and federal trademark applications. The final Corporate Identity Standards Guide and electronic transfer of all fmal artwork and electronic files to the City will serve as evidence of project completion. FISCAL IMPACT To control implementation costs, staff recommends a three year branding implementation budget, summarized below. /'"", FY 2006-07 FY 2007-08 FY 2008-09 $102,500 $71,500 $69,000 Branding line items are grouped into priority recommendations and optional replacements, which are detailed on budget Attachment "B". The project schedule is shown on Attachment "C". Funding would come from unallocated revenue, a $30,000 developer contribution, offsets of existing general fund expenditures (e.g., stationery and publications), and one time Capital Improvement funding (e.g., sign retrofits, uniforms, monuments). A separate budget will be needed to develop a marketing strategic plan and branding campaign to promote the City's brand identity to target audiences. These tasks are outside the current scope of work. A budget for the marketing phase will be developed for consideration during the FY 06-07 budget process. As the next step, the City Attorney recommends a professional trademark search to assure that the marks are not currently registered. Such a search would be conducted by a specialized consultant. ",-..... AGENDA ITEM NO. PAGE '2.- OF 33 ~ RECOMMENDATION """" Select and approve the final logo artwork version (option A or B); and Authorize the City Manager to enter into agreement with a qualified consultant to conduct a professional trademark search, such agreement to be approved as to form by the City Attorney and not to exceed $25,000; and Authorize the City Attorney to commence preliminary trademark application to protect the logo and slogan brand assets on behalf of the City, in accord with the trademark search. PREPARED BY: Mark Dennis, Information/Communications Manager APPROVED FOR AGENDA BY: """"" "'"""" AGENDA IjEM NO. :3 3 PAGE OF ~ ~ ~ l-1J ~ l-1J 'i' ~ 0 0 x OJ ..0 l-t-l - - ;c V) ~ ~ Q) <C > + 1---4 l-1J .~ (/) ~ to C ~ 0 ~ Q) i~~~ ~ to .fJ C Q) t2 E ~ Q) 0 ~ f,J.l c >-0 ~ q:: CC Q) r- = f,J.l ~ -.. < ex:: ..r::. U ~ 0 * .fJ E-l ~ v-- ;c ~ :Eo ~ tc () +~ -<: < C/) f,J.l E-l ex:: E-l ~ 0 < I~O~ - ~ ..0 b2 IV - ~ c ~ l-1J 0 0 ~ .- >-0 ~ V) l-1J V) ~ r- Q) 0 x -.. ~ V') U ~ l-t-l - -c ;c ~ < :::l ..... <C V') + 1---4 ~ .fJ (/) ~ to ~ 0 -c Q) ~~J' .fJ c Q) V) Q) ~ t2 a. ~ ,-.. V) 0 <( >-0 <I: r- iIIOIf&'\ rr&J .*>. 33 - ~ U MGi.. V Of ~ . ~ ~ ~ ~ Ox ~- ~ - < E-l Z ~ :E ::c u < E-l E-l < + ~ ( (/) ~ o ~ ~ ~ u ....." --J .....", ~\rma.NO. 33 ~ Mil 5" Of 6'0 "...... - < E-tr- :z ~ ::e:: ::c tJ < E-t E-t < ,'--'" ~ o ~ ~ ~ u ~n'lUJ<<). 3'3 CO ~Of g "r;_.~~. _ CITY OF LAKE ELSINORE Branding Implementation Cost Worksheet FY FY FY Total Category 2006-07 2007 -08 2008-09 Cost Priority Recommendations 1. Trademark Search (legal research) $ 25,000 - - 25,000 2. Banner Program (street lights) 25,000 - - 25,000 3. Digital/e-government (e-forms creation) 1,500 1,500 2,000 5,000 4. Display Program (exhibit booth) 8,000 - - 8,000 5. Facilities Signage 10,000 15,000 20,000 45,000 6. Forms (printing) 3,500 3,500 - 7,000 7. Monument Sign age - 30,000 30,000 60,000 8. Promotional/ceremonial 3,000 - - 3,000 9. Publications 3,000 3,000 - 6,000 10. Stationery 7,000 - - 7,000 11. Uniforms 4,500 1,500 - 6,000 12. Vehicle 10 5,000 - - 5,000 13. Web site 3,000 - - 3,000 14. Branding Campaign & Marketing to be budgeted separately - - - - Total Priority Recommendations 98,500 54,500 52,000 205,000 Optional Replacements 15. Street Signs (Major & arterials only) 30,000 30,000 30,000 90,000 16. Historic Down Town Signage 10,000 - - 10,000 17. Park Signage (Metal signs only) 7,000 - - 7,000 18. Traffic Signal Signage (FWY & arterial intersections) 6,000 6,000 6,000 18,000 Total Optional Replacements 53,000 36,000 36,000 125,000 GRAND TOTAL 151,500 90,500 88,000 330,000 Private Sponsorships (verbal commitments to date) (30,000) - - (30,000) Less Normal Operating Budget Allocations (19,000) (19,000) (19,000) (57.000) TOTAL NET OF SPONSORSHIPS & OPERATING BUDGET $102,500 71,500 69,000 243,000 3/28/2006; Branding Implementation Costs_rev ~""'.NO. 33 ~OF8 ... '-' --J -..,., ~ Gl "3 = -g t) fi = lJl c: ~ .2 B ~. c: ~ Gl ~ 1i .E t) Cl oc:C c: ~ '6 c: ~ f! oc:C co .--- to o o N N ~ III :!: 1:1 Gl .. 'S; Gl 0:: a 0 .., .., c: c: 8 ~ (l) ., 0 (/) (/) 0 N 0 0 l! e u: u: 0 0 € .c 1:: :> :> 0 0 u. u. a 0 l! "E :E :E co .... .... 0 0 0 0 N .., .., c: c: 8 ~ ., (/) (/) 0 0 e l! u: u: 0 0 .c € 1:: :> :> 0 0 u. u. 0 0 "E "E :E - :E ...... .... .... 0 0 0 0 N .., ~ .., 8 .!! c: l!! ~ " III (/) 0. (/) " en 0 al 0 l! :; e u: .., u: CD "5 0 !!! 0 .c .., € 1:: " :> Q; " 0 0> 0 U. .., U. 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Public Safety Advisory Commission members receive no meeting compensation for their voluntary service and serve for two-year terms. In order to facilitate greater public involvement, the City Council has adopted procedures and policies to recruit eligible citizens who are interested in being considered for appointment to the Commission. DISCUSSION ....; When Public Safety Advisory Commission terms are about to expire, the City invites interested persons to submit an application for the Commission positions. Public notice for the positions is usually provided through the newspaper, on the City's Web site and announcements at City Council meetings. Seated PSAC members may also be eligible to apply for consideration (reappointment). The Council will typically appoint a subcommittee of two Council members to review the applications, conduct interviews and make a recommendation to the full Council. This procedure is initiated two to three months in advance of the expiration of the term in order to provide adequate time to submit applications, conduct the interview process and bring a recommendation to the City Council for consideration. Since three (3) seats will soon be vacant, now is the time for the City Council to initiate the recruitment process, select a subcommittee and set an application cut off date of April 28, 2006. '"wtfIII · 3. u ~~;1 ~-'~~t.3.OO I ft..(~_ t '. OF '~'~ Council Staff Report Page 2 ,- FISCAL IMPACT Recruitment costs should be minimal and limited to the cost of advertising for the position. RECOMMENDATION 1. Initiate the recruitment process by establishing a subcommittee to review, interview and make recommendations to the City Council for appointment of these persons to the Public Safety Advisory Commission at the June 13,2006 City Council Meeting; and 2. Direct staff to advertise for the Public Safety Advisory Commission positions and establish the application deadline as Friday, April 28, 2006. PREPARED BY: Mark Dennis, Information/Communications Manager I""'"' APPROVED FOR AGENDA LISTING: I""'"' ~z.,~~\} rim JIlO.....a::L-- ~s 2- Of. 2- __. .I '~'...""" J _....... "..~..~.,...,..;.