HomeMy WebLinkAbout05/10/2005 CC Reports
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CITY OF ,LAKE ELSINORE '
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CITY COUNCILA.GENDA
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ROBE~~,~;"BO~",,~A~EE; ~AYO~,:::".,>
ROBERTL, SCHIFFNER, MA yolt PRO TEM'
THOMAS BUCKLEY,COi!NCILMAN
DARYL HICKMAN, COUNCILMAN
GENIE KELL~Y. COUNClLWOM1J'! .
ROBERT A. BRADY,CITY MANAGER
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wWw.LAKE-ELSINORE.ORG
, (951) 674-3124PHO~~
: (951).67....2392 FAX .
LAKE ELSINORE CULTURAL CENTER
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IsJ NORTH MAIN STREET
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LAKE ELSINORE, CA 92530
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TUESDAY, MAy 10, 2005 -5:00:P~M. '
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If you are attending this CitY Council Meitin~;pleasepa;.kin theP~rking
Lot across the street from the: Cultural Ceilter~ This will assist us in
limiting the impact oFineetings' on the Downtown Business District.
Thank you fot your cooperation!
CALLTOORDER .
ROLL CALL
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CLOSED SESSION
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CONFERENCE WITH LEGAL COlJNSEL"-ANTICIP ATED
LITIGATION Significant exposure to lihgatI,' on pursuant to.
subdivision (b) of GovL Code ~54956.9: (Lpot~htial case r
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RECONVENE IN PUBLIC;; SESSION (7:0IfP.M.)
PLEDGE OF ALLEGIANCE
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INVOCATION - MOMENT OF. SILENT PRAYER
ROLLCALL
PRESENTATIONS/{:EREMONIALS
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A. PTt)serit~tion ~ Riverside90unty Tr3n~jJ()rtatiohCommission.
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Page:rw~"7'~~devel~p~e~t~g~~~y~genda-:'M~y 10;2005 .
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. 'PlJBIbIâĴcfJOMMEN;fSi;'A:GENDliED~i:rEMSi__..3Ml!"lUTES
. . (lHeaseread!:~\,~oniI>1~t~\liSpeak~rl,~::F:9nn,atHieiRodium;pti'Oijothe. Start .ofthe
cityd()uilcmMeetiIig.Thej~hait1fuunvillcall;o~rryoiltpvspeak; when your item is .
called.)" ".: dO'" ........ .
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\investil,lerttReport"" Miitbh,200S..'
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. BusiNESS ITEM: .' ,', ,- .,' ,., '- ..'
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5. . 'RB,A Loan'.Requ~~("":.G~orge AIQngi. ???????????'!?H??????????,?
:~')f~~~~~')i~N~"f';;~i."io,~~<;,iobS. n11~~i1mm
'PlJBl;Ic:cOMMENm~r+NON::;A:GENDIZEDjTEMS";' 3 MmUTES
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Page Three.~ City CounciIAgenda-"MaylO;2005
RECOMMENDATION:
2. Warrant List - Apri128,2005. .
RECOMMENDNflON:
3. InvestrnentReportccMarcp., 2005.
RECOMMENDATION:,
Receive '&Fi1e.
4. Claim Against the City ~ Wayne ROmlmski,Sr.& SherrieLynn
Romanski (CL#2005 -15).
RECOMMENDATION:
Reject & Refer to Claims
Administrator for Handling.
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6. Award of Contract - Battery Back-upSYSteIll'for Traffic Sigilals - '
Steiny & Company - $73,065.
RECOMMENDATION:
Award Contract.
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7. Fee Deposit and Reimbursement Agreement with Cl}stle & Cooke
Alberhill Ranch, LLC: .
RECOMMENDATION:
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Approve Agreement.
8. Fee Deposit and. Reimbursement AgreenienLwithEIsiriore.Lal&view
Villas, LLC.
RECOMMENDATION:
Approve Agreement.
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Page.Four .:.cCity Coun~i~ Agellda.:... May 10, 2()05 ....
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9. . . FeeDepositanCH~,dinbU1'se~entAgreerherit;withWasson Canyon
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'RECOMMENDATION:'
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Appio:V~ Agreement.
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10, ..: Extension ofTimeJo~Ientative Parcel Map No. 30302 - GW
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REt0MMENDATI0N~'
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....., Appr6v~E~tension6f Time,13a~ed
. on findings and Exhibits, and Subject
.' to Goiiditionsof ApprovaL
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11.
. . M~chadoStreetPa~enientRehabilitatiohbemreen Lincoln Street and
'.GrandAyenue.. 8 .....
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RPCOMMENDAi10N: '..
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Authorize .Budget Incrcease f()r this
. Project. .
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12. MemorandumOfUnderstanding for Joint Monitoring of Emergency
Ambulance Services. .
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'RECOMMENb,ATION: . AuthOlizethe City Manager tosiW
. ..... . MOD with Riverside County
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. 2LV~~ation;of3Tdsir~e~ -toritinued fro~~pril:12, 2005. .
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22.
.' TeIltativ:eY~ct:1l\Aap. No.~3291'} "for:CohdoiITiiliumPul1?oses", and
IhdusirialProje(;tN6.2()()~~07 - Collier A"enueBusiness Park.
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Page Five - City Council Agenda/-May 10,2005<
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RECOMMENDA:rION:
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Approve Tentative Parcel Map arid
. Industrial Design ReView; Based'on
the Findings and Subject to the
Conditions.of Approval;
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23. Creation of a New M"3"Mineral Resources and. Related
Manufacturing" Zoning District - Ordinance No. 1150. .
RECOMMENDATION:
BUSINESS ITEMS.
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Adopt Ordinance No. >1 150, upon
FirstReadingby Title Only, Based on
Findings;'EXhibits arid Conditiops of
ApprovaL
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3 I. . Second Reading -:- Ordinarice No; I 1'4<)..--: Afulex,atiori No. 12~. .
(BeIcai:o) to Community FaCilities DistrictNo.200~"f(Law
Enforcement, Fire arid Paramedic Services). ,',
RECOMMENDATION:
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Adopt Ordinance No: II49,upoll
Second Reading byTitIe Only.,
32. Waiver of Deposit to Lake Management Fund. .
RECOMMENDATION:
33. Animal Shelter Options.
RECOMMENDATIC)'N:
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Consider Staff Recommendation.
City Council considers the options as
provide~ "
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34. 'A ward of Contract -Kobata& Assocl~tes -" Fire StatioIilLincoln
Street Park Design; Plans ,and :Specifi<;:atio~s7$20,bOO. .
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J;>a~~six~..~~tyt:()UIl~Wi\.g~~da~~ay 1~, 2005'
". .' WIJEREAS;uie'City CounyiLoft4eCityof~*eElsinore
. take great pride inolir V efura~s:ap.d appreciates the rncu\ylpcat men 'arid
. WOmen who sen:edthe,ir~untw in' the anitedforc~s)to;Jlrotectand
.' preserVe the free<!omsenjoyet,l oy ourcommuJiity andll,yliil' AIilerIcans;
. "and"-, , ..\. -.' '\-.'\.\ '< '.-, '.' , -:'~i::'_""-' ."'"
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. . .'" WH~aE'~s,s()~e~~~te~s h~Vey,n~\}Rt~t~,ij!,~~~wclesin
, ....jummg to 'Mli;uj 1i'i',ilhi1'~ pflj>",,''i'' "'1"'1!\iI;.M'-.""
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. '''',;'': ,"',' ,'.' :Wff;E~1\.~i't~R~r~e~i1f~!s Empl,6~e,il,t::mmt~~'n~tiv~,
. . Dis~bled Veter~lls; O!+~~~?>>):,?t~~11l\ Spec,ialistSanil '~tb~f;~m>>~:9~ent
",?;:~~~p:;::n:e~~;(f~~W:~~~~;:;~:~':~~~**~~~#~~~a~~ '. .
,proinoting emp'lQy~i in,teres't(/A\hinng;Y ety,raris, \ ,.' . '; . ',,' ':,
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, .' ' .'. . .NQW THEUJFO~' . 'FI{EMAYJ)R :A!M)i(i]1TY' .
." ":~~~~~k~tt;~~~~Y:~~~~5~fs~~~W~~r~#~t~~t~1 .
MOIi.th" In',tlje Clty.,ofI;,akeJUsmore.and,uTge'aWlop~l't::tpRloye1P;. .
p~gllill,~d la?or,v~t~r~so,~i~i~~#\fu~lipff;otIJll!&OVe1'~p1~l)~#~~\to '.
,. s\liWo~this WOrtl1Y i;ampajgi!,t9iilleteiu;e employment' o{)~o:ii~mifJ:e#or .
.the;'ril~h. and women:' W:hd' 'have; ,'fmtnfuIly serveootli-' hati'P'fr"in';thJ . '.
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AGENDA ITEM NO.
PACE / Of I
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I areantnt~llL patt\(~f\~\ir;~l1tIzens "every day hves;and ' "" ,
,',I ,'J, ,',' ",:~~j~~;:thesupP,OFtOfa1lUil~cistat1ding and informed' '
,#tiz,emrl,s,vltiii!~?(~~m~t~#~#,ttiperatioIiofpu~~i~,works systems and' '
::' ~J:?gf8n1s i~uc~;~::~~~~~\\~~l,cil1iiildirigs~ Pm:~s and streetscapes; and '"
:~"I,~~~_~~:a~~Qrt ofthi, 'o~';
,\;;;;'::.1;. ,:,;i,;I(!i(:(i::~~~~~~!JJali0{and e!f~~ti~~qesSJ of these facilities, ,as
:;\~~W~*e~~t ':;' " ,'(~!m:i~4i~p",$~~ti~n:i${ki;t!il;lIydependent upon ~he
t~ft~~~;~~,~l~~~~'IW~f~~,~o~Clals;an~,: {, \'" ",' ," ,,',
i~~,: ,:' :, " :':~~' 1\\:\:'\\~~'~\'l:effi~ienGY'Qfthe \'lualified and dedicated
, :::~rsQ~e~'~~?!~'tf~" '\~#\~~l1ksldepartmt)nts is P;1a!eria.lly.influenced by
::~he:peC!ple's'~ffi:~~~iiffl~Ji.Wl~etstijiding ofthe importance of the work they
?;t')::~;~m~"qR'~mY ','
"i;'q~tJNPIi~:Q~jiPMijrfrV);f)JJ)t.;,;\IqiJSLSIN.ORE,this 1 oth day of May, ·
n'~~;dQlierep~~iQ.~~~Im;th~\\:eek:ofMaY16, 2,()05 ,as "National Publk ,"
i;W:~r~;W~e~~\lili~',L;~~J~!~Wiij\~ilCi~izens ilUd'ci~~organizations to ..'
~';~~qu''Writ.thtt~ii~d*\#IlJP;tl1~ i'&S\iesinvolYedinptOviding our public works .',
i5>>},'d'\tq,reCqghi~~.f#~~~~ill.ltionswhich puillic wotksofficiais make every .'
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)'i;li\ytooi1r'hj!l~Jtq; ,stlfetY,'~oW:ottatidquality oflife. . .
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. ROBERT E. MAGEE, MAYOR
ACl!NDA ITEM NO.
PAOE--L..-Of I
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, MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
L;
TUESDAY, APRIL 12, 2005
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Magee at 5: 1 0
p.m.
ROLL CALL,
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PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
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ABSENT:
COUNCILMEMBERS:
NONE
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Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey; Community Services Director Sapp,
Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo,
Parks & Open Space Manager Fazzio, Planning Manager Preisendanz, Public
Works Manager Payne, Recreation & Tourism Manager Fazzio, City
Treasurer Weber and City Clerk/Human Resources Director Kasad.
, ,
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to subdivision
(b) of Government Code Section 54956.9 (1 case). ' '
b.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Interim City
Manager (Government Code Section 54957). '
AQENDA ITEM NO..J n
PAGE-1- OF..1Q.
Page Two - City Council Minutes ~ April 12, 2005
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City Attorney Leibold announced the Closed Session discussion items as listed
above.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO
CLOSED SESSION AT 5:11 P.M.
The Closed Session discussion was completed at 6:55 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
Mayor Magee reconvened the Regular City Council Meeting in public session at
7:05 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Planning Manager Preisendanz.
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INVOCATION - MOMENT OF SILENT PRAYER'
Mayor l\t;1agee led the meeting in a ~oment of silent prayer.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
ABSENT:
COUNCILMEMBERS:
NONE
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Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Services Director Sapp,
Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo,
Planning Manager Preisendanz, Public Works Manager Payne, City U
Treasurer Weber and City ClerklHuman Resources Director Kasad.
AGENDA ITEM NO..1sa--
PAGE d-. OF~
("\ Page Three - City Council Minutes - April 12, 2005
PRESENTATIONS/CEREMONIALS
B. Presentation...., Sheriff's DepartmeritAwards.
,"
Mayor Magee noted the rec'ent Riverside County Sheriff Department
Awards Ceremony, and commented that the award recipients were
predominantly from the Lake Elsinore Station.
, Mayor Magee recognized the following citizens and officers for receipt of
the following awards and detailed the events garriering those recognitions.
Jonathan D. Dunscomb & Gary M. Foreman (Citizeris)-
Distinguished Service Awards.
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Corporal Stephen De La Vara, Deputy Christopher Johnson & Deputy
William Wieber - Sheriff's Commendation.
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. . Corporal'John L~sebetg & Deputy William Guimont - Medal of
Courage .'
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Ms. Candi Pirchner, Sheriff's Posse - Sheriff's Commendation
Deputy David Schell- Sheriff's Gold Heart" . '
Sergeant Raymond Gayton-Jacobs, Corporal Johri Leseberg, Corporal
William Stens, Deputy Robert McCalmont, Deputy Trevor ."
. Montgomery, Deputy Santiago Agcaoili, Deputy Robert Bennion,
Deputy Mario Galvan, Deputy Michael Fraker, Deputy Vanessa
Keyner, Deputy Jennifer Cole, Deputy Michael Moulton, Deputy
Raymond Heirs, Deputy Dayle Long, & Deputy William Young-
Medal of Courage '-
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Deputy Justino Flores & Deputy Robert Kwan - Sheriff's
Commendation ., .
AQENDA ITEM NO. .I a
PAGE 3 OF 4- 0
Page Four - City Council Minutes - April 12, 2005
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A. Proclamation - Crime Victim's Week.
Mayor Magee read and presented the Proclamation to representatives of the .
Trauma Intervention Program, noting their participation as front line
responders for victims of criJlle and other,trallmatic ev.ents.
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C.
Presentation - Trauma Intervention Program,
,.-!".
Representatives of TIP provided an overview of the services they provide
and detailed the number of hours of services provided annually. They also
noted an upcoming fundraising event on June 23rd at Pechanga Casino and
encouraged participation. .
D. Presentation - Bovs & Girls Club.
Chris Olson & Michelle Ariana of the Boys & Girls Club inthe
TemeculalMurrieta area detailed the activities and services provided by the
organization and noted recent interest in the establishment of a facility in
Lake Elsinore. They commented on contact with Councilwoman Kelley and
other community representatives and were pursuing their opportunities to
open such afacility.
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E. Presentation - Chamber of Commerce Update.
,Kim.Cousins, President, Elsinore Valley Chamber of Commerce, detailed
the recent activities of the Chamber of Commerce, including the Golf
Tournament on April 9th. He announced the upcoming EDC Lunch on
April.21 sl and the Chamber Business Mixer on April 28th at the Lake Car
Wash.
. '
.
. .
F. Presentation - Miss California Contest.
Coco Morrison provided an overview of the Miss California Contest, and
their upcoming event on April 16th at Elsinore High School. She detailed U
AGENDA ITEM NO. 10\
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the activities and benefits associated with the program.
G. Presentation - Update on Railroad Canyon Road.
City Engineer Seumalo provided an update on Railroad Canyon Road and
exp,lain'ed 'that they wete in the process or doing geotechnical surveys to
ensure the safety of the slopes and determine appropriate mitigation.
. -
CLOSED SESSION" REPORT
c,
City Attorney Leibold announced that the Closed Session discussions were held as
listed on the agenda, with no reportable action.
PUBLIC COMMENTS ~ NON-AGENDIZED ITEMS - 1 'MINUTE
Community Services Director'Sappdetailed the upcoming Slurry Seal program,
which would be plaCing 1,650,000 square feet of pavement in the next two weeks,
at a cost of$164,000. He advised that this week worK woui<:i be done on Collier
from Nichols to Highway 74, Collier from Wasson Creek to Spring Street,
" ,
Lakeshore from Machado to Lake, and Lincoln from Northlake to Grand and Terra
Cotta to Northlake". He further advised that next week work would be done on
Graham from Lakeshore to Main, Mission Trail from Diamond to Malaga,
Lakeshore from Main to Diainond and Lakeshore from Graham to Chaney. ,
Tom Phan, 14451 Red Hill, Tustin, expressedconcern with his undeveloped
vacant lot ana the difficulty in accessing it for weed abatement. He questioned
the possible exceptions to the weed abatement process. Mayor Magee referred
Mr. Phan to Community Services Director Sapp for assistance.
Barbara Anderson, 304 N. Lewis, representing the NAACP, announced the annual
Scholarship Bari.quet on April 23rd from 4 to 6 p.m. at the Diamond Club. She
indicated that the tickets were $40each,with $20 being tax deductible. She noted
the menu choices and indicated that abasebalI game would be included in the
price. She advised that the speaker would be Assemblywoman Karen Bass, and'
AQENDA ITEM NO. 1 e,
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indicated that further information could be obtained from ~e flyers or by calling
674-7146.
Pat Vesey announced the upcoming Rod Run on May 14th and discussed this
year's efforts to promote the event. He anticipated that the event would draw
20,000 to 25,000 participants and noted his past donations to the Historical
Society, Downtown Merchants, ROTC and Sheriff's Posse. He requested the
Council's support and sponsorship for the event due to the increased costs for this
year's event. He invited the Council to attend the event. ,Mayor Magee
questioned the timing for approval of assistance. Mr. Vesey indicated that the
next meeting would be fine, as there was still time to prepare for the event.
, , .
Paula Graver, 117 N. Poe Street, noted that the 2nd Anniversary Support Our
Troops Rally was a huge success with 160 people attending, including Senator
Hollingsworth, who presented her with a Senate Certificate of Recognition. She U
presented Mayor Magee with,a Certificate of Appreciation for the City Council
and the City of Lake Elsinore for their support of the Rallies and the continuing
support of the troops in Iraq. '
Vida Boice, 17 Ponte Negra, noted information she had provided to the Council
and indicated that she wanted to be sure that when police were added, there were
enough to properly address the City's needs. She questioned the use of City
officers in Wildomar, Lakeland Village and other COUIlty areas.
Chris Hyland, 15191 Wavecrest, noted ~ newspaper article regarding law
enforcement and suggested that there was a need for five officers, with two being
motorcycle officers. She noted that there were already two motorcycle officers
doing a great job, but suggested adding two more for adequate coverage. She
noted specific traffic concerns on Lakeshore Drive.
Don Biery indicated that he was a four month resid(;)nt of Lake Elsinore, with a
background in Parks and Recreation. He noted the rapid growth in Lake Elsinore
and stressed the great potential and needs of the area. ,He questioned when the
Council would be creating a Parks & Recreation Commission and how he could
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(\ Page Seven - City Council Minutes - April 12, 2005
help.
PUBLIC COMMENTS - AGENDlZED ITEMS - 3 MINUTES
Requests were received to address the following items and deferred to those
discussions:
Item Nos. 21, and 22.
CONSENT CALENDAR
MOVED BY KELLEY, SECONDED BY BUCKLEY TO APPROVE THE
CONSENT CALENDAR AS PRESENTED.
(\ Mayor Magee inquired if there was an addition to lteinNo. 7. City Manager
Brady indicated that there should be a second recommendation to approve $40,000
from the Railroad Canyon Benefit Assessment District to fund this work.
" ,. , ~:
Mayor Magee noted that with regard to Item No.3, applications would be
accepted for both the Planning Commission and Public Safety Advisory
Commission beginning immediately and continuing until June 1st or until ample
applications are received. He further noted that he and Councilwoman Kelley
would be sitting on the sub-committee to review the applications and make
recommendations for appointment to the rest ofthe Council.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. ,.
1. The following Minutes were approved:
a. Regular City Council Minutes - February 22, 2005.
2.
Rejected and referred to Claims Administrator for handling, the Claim
Against the City filed by Susie Mejia (CL#2005-ll), and directed the City
Clerk to send a letter advising the claimant of this action.
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Page Eight - City Council Minutes-April 12, 2005
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3. Accepted Planning Commission & Public Safety Advisory Commission, ' "
Resignations & Authorized Staff to Advertise for Applications.
4. Approved Lease of new Digital Copiers through Canon Financial Services,
Inc with thre~ separate 60 month Municipal L~ase Agreements; and
approve a service proposal by Temecula Copies with authorization for the..
City Manager to execute three separate service agreements. . .
5. Approved Final Map 28214-2, a residential subdivision by Castle & Cooke
Alberhill Ranch, LLC, located at the southeast comer of Alberhill Ranch.
Road and Lake Street, subject to City Engineer's acceptance; and accepted
all deqicationsand authorized staff to arrange for recordation.
6. Regarding the Clean-up of former undergroUnd storage tanks at 161 South
Main Street (comer of Main Street and Sulphur Street)':" Closure Report; U
.) ,. approved Change Order No.3 in the amount of $41,011 for consultimt GEO
SEC, Inc., authorized the City Manager to execute the Change Order, and'
directed staff to provide a work plan, obtain necessary permit for destruction
of monitoring wells and submit the final report to the County of Riverside
Department ofE~vironmental Health.. . . . .
7. . Approved Contract with City and County Soil Engineering and Testing
Corporation for Professional Geot~chical Engineering Services, and .
authorized the City Manager to ex.ecute the Contract; and approved $40,000
in funding from the Railroad Canyon Benefit Assessment District to
accomplish this work. .
8. Authorized City Manager to enter Professional.Services Agreement for
Audit Services for the Three Fiscal Years ending June 30, 2005, 2006', and'
2007 with Diehl Evans & Company.
9. Authorized City Manager W enter Professional Services Agreement for
,. Performance of Impact Fee NEXUS Study & Feasibility analysis.
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10. Approved Professional Services Agreement for engineering and project
management for improvements to Boat Launch Facility with NCI following
review and administrative approval of the agreement by the California
Department of Boating and Waterways.
PUBLIC HEARINGS
21. Resolution to vacate a portion OD'd Street. east of Collier Avenue for the
Construction of Water and Sewer Pump Station.
Mayor Magee noted that he had requests to speak on this item and requested
input from the City Attorney. . City Attorney Leibold indicated that the staff
recommendation was to continue this item to May lot".
John O'Doherty indicated that he would be happy to have the item
continued, noting that he had not met with EVMWD, as he had expected to
have done.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MAY 10, 2005. .
22: . . Public Hearing for Consideration ofObiections to the City's Weed
Abatement Program.
City Manager Brady indicated that this was the annual process, following
the notiCe to remove, weeds, debris, etc.
Mayor Magee opened the public hearing at 8:07 p.m.
Vida Boice expressed concern that weed abatement was very much needed
and she wanted to make sure the process moved forward and did not meet .
with too much opposition.
AGENDA ITEM NO. -10..
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Kath]een Williams, 24330 Big Bear Road, Corona, indicated that she owned
parcel 378-115-0038, which was a 110 foot square, landlocked parcel on a
slope. She noted that she attended the public hearing last year and intended
to clear the lot. She indicated that she did what shecou]d, but if there was
already a lien on her property, she would like to see the paperwork that was
filed. She indicated that she would want to see proof of the work, and this
year would want to meet the contractor at the lot to watch them perform the
work.
Councilman Buckley clarified the process, noting that no lien is filed until
after the City has cleaned the lots, after the property owner has failed to do
so by May ]SI. ..He stressed that if the City/did not do the work, there would
be no lien on the property. ; ..' . f.
Mayor Magee closed the public hearing at 8: 14 p.m.
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23. Public Hearing on 2005 Justice Assistance Grant.
,
City Manager Brady highlighted the proposed use of grant funds, noting the
types of uses including Holiday Enforcement Program, City Enhancement
Program, Off-Road Vehicle Enforcement Program, and Central Business
District Patrol Program. l:Ie suggested that the Council approve the use of
he funds, but allow flexibility in the ultimate distribution of the funds.
MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE USE OF THE JUSTICE
ASSISTANCE GRANT FUNDS AS PROPOSED.
BUSINESS ITEMS
'.. '.
31.. Second Reading~ Ordinance No. 1145 - Approving Zone Change No.
2004-06. Changing the Zoning from "R-l - Single Family Residential" to
"Tuscany Hills Specific Plan".
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MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT' .
ORDINANCE NO. 1145, UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1145
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO.
2004-06, CHANGING THE ZONING FROM "R-l - SINGLE FAMILY
RESIDENTIAL" TO "TUSCANY HILLS SPECIFIC PLAN," UNDER
THE ZONING ORDINANCE, ON APPROXIMATELY 37.12+ ACRES
LOCATED WEST OF GREENWALD AVENUE, APPROXIMATELY
3.12 MILES SOUTH OF STATE HIGHWAY 74, EAST OF MARELLI
ROAD AND NORTH OF PONTE RUSSO, AND KNOWN AS
ASSESSOR'S PARCEL NOS. 347-390-001 THRU -004, -015 AND -016.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
. NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
32. Second Reading - Ordinance No. 1146 - Approving Amendment No. I to
the Tuscanv Hills Specific Plan No. 89-3.
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT
ORDINANCE NO. 1146, UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1146
AaENDA .TEM NO. 1 G\..
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Page lWelve - City Council Minutes - April 12, 2005
AN ORDIN~NCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO.1 TO
. THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3, LOCATED
SOUTH OF GREENWALD AVENUE, NORTH OF THE EXISTING
TUSCANY HILLS COMMUNITY, WEST OF THE CANYON LAKE
COMMUNITY, AND EAST OF UNDEVELOPED LAND WITHIN
THE RAMSGATE SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S
PARCEL NOS. 349-280-017, -019, -021, -024 J:HRU -029, -034; 349-
290-004, -017 THRU -021; 349-390-001 THRU -004, -015 AND -016.
.,
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UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
.
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
33. Second Reading - Ordinance No. 1147 - Approving Zone Change No 2004-
02, Changing the zoning designation of the property contained within
Tentative Parcel Map No. 33056.
.
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT
ORDINANCE NO. 1147 UPON SECOND. READING BY TITLE ONLY:
.'
ORDINANCE NO. 1147
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004-
02 CHANGING THE ZONING DESIGNATION OF THE PROPERTY
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AGENDA ITEM NO.-1(^-
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n Page Thirteen - City Council Minutes - April 12, 2005
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CONTAINED WITHIN TENTATIVE PARCEL MAP NO. 33056
ASSESSOR PARCEL NO(S). 377-120-007 & A PORTION OF 377-120-
008 FROM M-l (LIMITED MANUFACTURING) TO C-2 (GENERAL
COMMERCIAL) UNDER THE ZONING ORDINANCE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
BUCKLEY; HICKMAN;
KELLEY, SCHIFFNER,
MAGEE
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
NONE.
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
34. Second Reading - Ordinance No. 1148 -Authorizing the LevY of a Special
Tax.
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT
ORDINANCE NO. 1148 UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1148
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
AQENDA ITEM NO.Jili-
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Page Fourteen - City Council Minutes - April 12, 2005
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NOES:
COUNCILMEMBERS:
NONE.
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
. .
COUNCILMEMBERS:
NONE
35. Industrial Design Review No. 2004-06 - Carl Johnson. Triple J
Development.
Planning Manager Preisendanz highlighted the proposed project and
detailed the Planning Commission recommendations. Mayor Magee
thanked the applicant for his continuing development in the community.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-42 U
REGARDING FINDINGS OF CONSISTENCY WITH SECTION 6.1.2 OF
THE MULTIPLE SPECIES HABITAT CONSERVi\TION PLAN; AND
APPROVE INDUSTRIAL DESIGNREVJEW NO. '2004-06, BASED ON THE
FINDINGS AND ATTACHMENTS AND SUBJECT TO THE FOLLOWING
CONDITIONS OF APPROVAL.
. RESOLUTIOf\l NO, 2005-42 .
A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF
. CONSISTENCY WITH THE MULTIPLE SPE.CIES HABITAT
CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS
INDUSTRIAL DESIGN REVIEW NO. I 2004-06 TO BE LOCATED
ON PASADENA STREET AND CENTRALAVENUE.,..APN 377-140-
019.
FINDINGS .
Multiple Species Habitat Conservation Plan
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AQENOA ITEM NO.~
PAGEnOF~
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Page Fifteen - City Council Minutes - April 12, 2005
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1. The proposed project'is consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
According to the Multiple Species Habitat Conservation Plan (MSHCP), "Within identified
Narrow Endemic Plant Species survey areas (NEPSSA), site-specific focused surveys for
Narrow Endemic Plant Species shall be required for all public and private projects' when
appropriate habitat is present." Since the Habitat Suitability Assessment Letter Report dated
March 2, 2005 found no appropriate habitat for Narrow Endemic Plant Species fUture focus
studies are not required.
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Conditional Use Permit No; 2004-40
1. The proposed use, on its own merits and, within the context of its setting, is in accord with the
objectives of the General Plim and the purpose of the planning district in which the site is
located. .
In order to achieve a well balanced and fUnctional mix of residential, commercial, industrial,
open space, recreational and institutional land uses, staff has thoroughly evaluated the land
use compatibility, noise, traffic and other environmental haZards related to the proposed
Conditional Use Permitfor outdoor storage located at APN 377~140-019. Accordingly, the
proposed land use .is in concurrence with the' objectives of the General Plan and the purpose
of the planning district in which the site located.
2. That the proposed use will not be detrimental to the general Qealth, 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 of the City.
In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake
Elsinore Municipal Code, the City realized that the proposed-outdoor storage use located at
APN 377-140-019 may have a potential to negatively impact the welfare of persons residing
or working within the neighborhood or the City. Considering this, staff has substantiated
that all applicable City Departments and Agencies have been afforded the opportunityfor a
thorough review of the use and have incorporated all applicable comments and/or conditions
.' related to installation arid maintenance of landscaping, street dedications, regulations of
points of vehicular ingress and egress and control of potential nuisances, so as to eliminate
. any negative .impacts to the general health. safety, comfort, or general welfare of the
surrounding neighborhood or the City.
3. That 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 imd other features required by
Title 17 of the LEMC.
The proposed outdoor storage 'use located at APN 377-140-019 has been designed in
consideration of the size and shape of the property, thereby strengthening and enhancing the
immediate industrial area. Further, the project as proposed, will complement the quality of
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AQENDA ITEM NO.~
PAGE I 5' OF Y 0
Page Sixteen - City Council Minutes - April 12, 2005
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existing development andwill create a visually pleasing, non-detractive relationship between
the proposed and existing projects, in that the storage area has been reviewed to ensure
adequate provision of screeningfrom the public rights-of-way or adjacent properties.
l
4. That the site for the proposed use relates to streets and highways with proper design both as
to width. and type of pavement to carry the type and quantity of .traffic generated by the
subject use. .
The proposed use located at APN 377-140-019 has been reviewed as to its relation to the
width and type of pavement needed to carry the type and quantity of traffic generated, in that
the City has adequately evaluated the potential impacts associated with the proposed outdoor
storage prior to its approval and has conditioned. the project to be served by roads of
adequate capacity and design standards to provide.-reasonable access by car, truck, transit,
and bicycle.
5; . In approving the subject use located at APN 377-140-019 there will be no adverse affect on
abutting property on the permitted and normal use thereof.
The proposed use has been thoroughly reviewed and conditioned by all applicable City
. Departments and outside Agencies, eliminating the potentialfor any and all adverse effects U
on the abutting property. "
6. Adequate conditions and safeguards pursuant to Sections 1;7.74.50 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 Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore
Municipal Code (LEMC), the outdoor storage use located at APN 377-140-019 has been
scheduledfor consideration and approval of the Planning Commission.
Design Review - Industrial Project No. 12004-06
,.
I. The project, as approved, will co~ply :with the goals and. objectives of the General Plan and
,the Zoning District in which the project is located. .
The proposed Industrial Design Review located at APN 377-140-019 complies with the goals
and objectives of the General Plan, in that the approval of these industrial business park will
assist in achieving in development of a well-balanced and jitnctional mix of residential,
commercial, industrial, open space, recreational and institutional land uses as well' as
encouraging industrial land uses to diversifY 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 Industrial Design Review located at APN 377-140-019 is. appropriate to the' U
AQENOA ITEM NO. J e..
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n Page Seventeen - City Council Minutes - April 12, 2005
site and surrounding developrriimts'in that the proposed industrial business park has been
designed in consideration o/the size and shape of the property, thereby creating interest and
varying vistas as a person moves along the street. Further the project as proposed will
complement the quality of existing development and will create a visually pleasing, non-'
detractive relationship between the proposed and existing projects in that the architectural
design, color and materials. 'and site design proposed evidence a concern for quality and
originality. " ; ,
:.-
3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to
result in any significant adverse environmental impacts. ' ,
Pursuant to the California Environmental Quality Act (CEQA), the proposed Industrial
Design Review located at APN 377-140-019, as been reviewed and conditioned by all
applicable' City Divisions and Departments and Agencies, and will not have 'a significant
effect on the environmental pursuant to MitigatedNegative Declaration No. 2002-03 adopted
by the City Council and the Habitat Assessment Letter Report dated March 2, 2005.
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4. Conditions and'safeguards pursuant to. Section 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 insure development of the property in accordance with the
objectives Chapter 17.82:
Pursuant to Section' 17.74.050 (ActiO/i' of the Planning Cqmmission) of the Lake Elsinore
Municipal Code (LEMC);.the proposed Industrial Design Review located at APN 377-140-
019 has been scheduledforconsideratio71 and approval of the Planning Commission. .
(Note: Fees listed in the Conditions of Approval are the best estimates available at the
time of approval. The exactfee amounts will be reviewed at the time of building permit .
i issuance alid may be raised) .
CONDITIONS OF APPROVAL
'- . .j.
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GENERAL CONDITION
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I. The ~pplicant shall defend (with counsel ac(:eptable, 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 annutan approval of the City, its advisory agencies, appeal boards, or legislative
body co~cerning the, Industrial Project 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
AQENOA ITEM NO. I C\..
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Page Eighteen - City Council Minutes - April 12, 2005
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City fails to promptly notify the Applicant pf any such claim, or proceeding, the,Applicant
shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City.
PLANNING DIVISION
..
2.. . Design Review approval for Industrial Project No. I .2004-06 will lapse and be void unless
building permits are issued within one (1) year of City Council approval. The Community
Development Director may grant an extension of time of up to one (I) year per extension,
prior to the expiration of the initial Design Review approval. Application for a time
extension must be submitted to the City of. Lake Elsinore one (I) month prior. to the
expiration date. .'
3. Conditions of Approval shall be reproduced on page one. of building plans submitted to the
Building Division for Plan Check. All Conditions of Approval shall be met. prior to the
issuance of a Certificate of Occupancy and release of utilities.
4. Conditional Use Permit No. 200440 for the industrial complex shall run with,.the.land and
. shall continue to be valid upon any change of ownership of the site or structure which was the U
subject of the Conditional Use Permit (CUP) application: The CUP shall also be subject to
periodic review by the Community Development Director or designee. The CUP can be
revoked at any time, if after reviewed by the Planning Commission it is found that the
applicant has not been in compliance with Conditions of Approval. The revocation process
shall comply with Section 17.74.110 of the, Lake Elsinore Municipal Code (LEMC).
"',"
5. 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 thereview 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.
6. Structures shall be placed on-site as depicted on the site plan and/or as modified by the
Community Development Director or designee. . ..., .
7.-" Any revisions to the interior floor plans that could' cause the requirement for additional
parking shall be subject to the review and approval of the Community Developm'ent Director
or designee.
8. 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 ()
AQENOA ITEM NO. I <A-
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they are not visible from neighboring property or public streets; AhY material Covering the
. roof equipment shall match the primary wall color. ' ' . 'J'
9. 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.
10. All, loading zones shall be clearly marked with yellow striping and shall comply with the
requirements of the LEMC. '. , ,
11. Applicant shall meet ADA' (Aniericans with Disabilities Act) requirements.
12. The applicant shall construct a 6 foot decorative mlli.'onry wall with pilasters along the
exterior boundary of the project. " ,
13. All storage areas shall be enclosed with a 6 foot masonry wall and 6 foot opaque gates. If
. . precision block is used, the block'shall be painted a color to match the associated building'per
, the review and approval of the Community Development Director'or'desigriee.
14. Trash enclosures shall be constructed p~r City standilrdsas 'i1pprovedby the CommunitY
Development Director. A 5' landscaped planter is req~ired on each side of the trash
enclosure. ' , .
.'"
15. No exterior roofladders shall be permitted.
16. Applicant shall use roofing materials With Class "A" fi~e rating~
17. All exterior downspouts shall be painted to match with building exterior color. '
18. The Planning Division shall approve the location of any construction trailers utilized during
construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan
and pro~essed through the Planning Division.
19. Materials and colors depicted on the plans arid materials board shall be used unless modified
by the applicant and approved by the Community Development Director or designee.
. ,. ,
20. On-site surface drainage shall not cross sidewalks.
2L Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart.
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AClENDA ITEM NO. J <A..
PAGEA OF L{ 0
Page 1\venty - City Coun.cil Minutes - April 12, 2005
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22. All exposed slopes ill excess of three feet (3') in height shall have a permanent irrigation
system and erosion control vegetation installed, approved by' the Landscape Architectural
Consultant and Planning Division.
23, The applicant shall submit a Sign Program for the approval of the Planning Commission
prior to the issuance of the first building permit.
24. All drive aisles and loading;areas shall.be kept free and clear of any materials/merchandise so
as not to obstruct on-site circulation and deliveries.
25. Provide a l2-inch concrete paver along the side of parking stalls that are adjacent to planters
(paver to include curb width).
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PRIOR TO BUILDING/GRADING PERMITS
26. Prior to issuance of any . grading permit or building permits, the applicant shaH sign and
complete an "Acknowledgement of Conditions:'. form and shall return the ex~cuted original
. . to the Planning Division for il1c1usion in the case records,. .' U
27.Jbree (3) sets. of the Final Landscaping/lrrigation Detail Plan shall be submitted, reviewed
. and approved bY,the City's Landscape Architect Collsultant ~d 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. i :
b)
Applicant shall plant street trees, selected from the City's Street Tree List, a
maxi~um offorty feet'(40) 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.
d)
Planting within fifteen feet (15') of ingress/egress points shall be no higher than
thirty-six inches (36").
e)
Landscape planters shall be plan!ed ,with an appropriate parking lot shade tree to
provide for 50% parking lot shading in fifteen (15) years.
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AfoiENOA ITEM NO. ~G\.
'" PAGE '1.0 OF~
(' Page Twenty-One - City Council Minutes ~ April 12, 2005
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f)
Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
The landscape plan shilll 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. . .
g)
h)
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
Direetoror 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 hindscapeplan must be consistent with approved site plan.
k) Finallaridscape plans to include planting and irrigation details.
28. 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.
29. Prior to issuance of building permits, applicant shall provide assurance that all required fees
. to the Lake Elsinore Unified School District have been paid. . - .
30. Prior to issuance of building permits, applicant shall provide assurance that all requirements
oftbe Riverside CouiIty Fire Department have been met.
31. Prior to issuance of building ~rmits, applicant shall pay park-in-lieu fee in effect -at time of
building permit issuance.
32. The applicant shall comply with Section 17.78, Noise Control of the Lake Elsinore Municipal
Code.
33. The Multiple Species Habitat Conservation Fee (MSHCP).shall be due upon issuance of each
building permit.' .
AQENDA ITEM NO. _Ie....
, PAGE210F~
Page Twenty-Two - City Council Minutes - April 12, 2005
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ENGINEERING DIVISION
34. 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.
35. Underground water rights shall, be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley
Municipal Water District.
36. 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 as applicable.
Revised at the Planning Commission Meeting of March 15, 2005.
37. 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.
38. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on-site or a licensed geologist or a geotechnical engineer
shall prepare a statement, stating there are no known earthquake faults ,or liquefaction zones
present.
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39. All. street improvements along Pasadena Avenue shall be installed and functioning prior to
certificate of occupancy.
40. Construct all public works improvements on Pasadena 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).
41. 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).
42. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to final map approval.
43. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 W' x II" Mylar) shall be submitted to the Engineering Division before final U
inspection of public works improvements will be scheduled and approved.
AQENOA .TEM NO. J CA..
PAGE 2. 'l.OF~
(\ Page 'I\venty- Three - City Council Minutes - April 12, 2005
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44. Provide soils, geology and seismic report including. street design recommendations. Provide
final soils report showing compliance with recommendations.
45. Provide street lighting along the' east side of existing Ctmtral A venue and along the frontage
. along Pasadena Avenue and show lighting improvements as part of street improvement plans
as required by the City Engineer. .
46. Intersection site distance at the comer of Central Avenue and Pasadena A venue shall meet the
design criteria of theCAL mANS Design Manual The applicant shall. install permanent
survey monuments in compliance with the City's municipal code.. ",,,.;.
" .
41. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to
be approved prior to final map approval. All traffic control devices shall be installed prior to
final inspection. of public. improvements. 1bis includes' No' Parking and Street Sweeping
Signs for streets within the development.
(\. 48. All improvement plans and tract maps 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.
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49. Applic~t shall obtain all necessary ~ff-sit~ easements for' off-site grading or ~onstru~tion
from the adjacent property owners prior to final map approval.
'. .
50. Apply and obtain a grading permit with appropriate security prior to building permit issuance.
^' 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 inspec.tion can be conducted before grading begins. ".
51. All grading shall be done under the supervision of a geotechnical engineer and he shall certify
all slopes steeper than 2 to I for stability and proper erosion control.
52. Prior to commencement of grading operations, applicant to provide to the City with a map of
. all proposed haul routes to be used for movement of export material. Such routes shall be
. subject to the review and approval of the City Engineer.
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53. Applicant to provide to the City a.photographic baseline record of the condition of all
proposed public City haul roads. In the event of damage to such roads; applicant shall pay
AQENOA ITEM NO. _1 ex,
PAGE.2.jOF~
Page 1\venty-Four - City Council Minutes - April 12, 2005
u
full cost of restoring public roads to the baseline condition. A bond may be required to
ensure payment of damages to the public right-of-way,; subject to the approval of the City
Engineer.
54. 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 should contract with CR&R, Inc., for recycling
and storage container services, but the applicant may use the services of another recycling
vendor., Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for
bin, rental or solid waste disposal. If the applicant is not using CR&R, Inc., for recycling
services and the recycling material is either sold, or 'donated to another vendor, the applicant
shall supply proof of debris disposal at a recycling center, including verification of tonnage
by certified weigh master tickets:
55. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
56,. Provide fire protection facilities as, required in, writing by the Riverside County Fire U
, Department.
57. Developer shall install blue reflective pavement markers,in the street at all fire hydrant
locations. '
58. The existing catch basin at the end of the Central A venue cul-de-sac drains directly to
I1lsiHBfe Char.nel Creek the outflow channel and appears to have a questionable hydraulic
, grade line" Due to the standing water elevation in I1lsillBfe Char.Rel the outflow channel, the
catch basin outlet pipe was approximately 80%,submerged. Standing water in the catch basin
was observed to a height that left only approximately 6 inches of the ' soffit of the outlet pipe
for, drainage flow. As such, the developer shall include this evaluation as part of the required
hydrology and hydraulic study for review and approval by the City Engineer and the Flood
Control District, prior to approval of the final map and improvement plans.
,Revised at the Planning Commission Meeting of March 15, 2005 "
59. Meet all requirements ofLEMC 15.68 regarding flood plain management.
60: Drainage from the development or partial phase of development of the property shall not
exceed the existing natural discharge quantities for the' I, 3, 6 and 24-hour duration for the 2,
5 and lO-year frequency storms. The design of the detention basins shall provide for the
retention of nuisance flow. Development shall detain the year and duration incremental
storm runoff developed increased by means of on-site:detention. Detention techniques shall U
AQENDA nEM NO.J ()...,
PAGEDOF~
('. Page Twenty-Five - City Council Minutes - April 12, 2005
include, but not be limited to;: Parking lot detention or on-site detention basin or other
methods approved by the City Engineer. . .
61. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the
Riverside County. Flood Control District prior to approval of final map. . Developer shall
mitigate any flooding and/or. erosion caused. by development of site and diversion of
drainage.
62. All drainage facilities in this site ~hall be constructed to Riverside County Flood Control
District Standards.
63. 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;
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64. lO-year storm runoff should be contained within the curb and the tOO-year storm runoff
should be contained with the street right-of-way. When either of these criteria is t<xceeded,
drainage facilities should be installed. .
65. Applicant will be required to install BMP's using the best available technology to mitigate
any urban pollutants from entering the watershed.
,
66. 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 appiicant shall provide a S\VPPP
WQMP for post construction which describes BMP's that will be implemented for the
development and including maintenance responsibilities. ' .
,\ Revised at the Pkmning Commission Meeting oj March 15, 2005
67. 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 enviromnental
awareness education materials on' good. housekeep,ing practices that contribute to protection
of stormwater quality and meet the, goals onhe BMP in Supplement "A" in the Riverside
County NPDES Drainage Area Management Plari.
68. Applicant shall provide first flush BMP's using the best a~ailabletechnology that will reduce
stormwater pollutants from parking areas and driveways. . This would include the use of a
. biofilter swale or other BMP techIiiques. '
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36. Commercial Design ReviewNo. 2004~13 ~AbbacY Holding Corp.'
AQENOA ITEM NO..J ~
PAGE 2 ~ OF Lf 0
Page Twenty-Six - City Council Minutes - April 12,2005
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Planning Manager Preisendanz highlighted this commercial project and
detailed the Planning Commission recommendations.
Councilman Buckley noted that this building was in the area of Summerhill
. - and Canyon Estates Drive; and clarified that the- Council had confirmed that
the future 1-15 and Railroad Canyon Road improvements would not impact
this building, requiring it to be mov~d or r~moved.
, . ," .! '
Mayor Magee noted that this applicant had made substantial contributions
. . in the community and thanked him for his continuing investment in the City
of Lake Elsinore.'
MOVED BY KELLEY, SECONDED BY SCIDFFNERAND CARRIED BY
UNANIMOUS VOTE TO APPROVE COMME,RCIAL PROJECT 2004-13,
BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE U
FOLLOWING CONDITIONS OF APPROVAL: "
FINDINGS - DESIGN REVIEW
,
I.. The projeCt, as approved, will comply with the g~als and, objectives of the General Plan
. and the Zoning District in which the project is located.
. . I
The proposed Commercial Design Review located within Assessor Parcel Number 363-
670-004 complies with the goals and objectives of the General Plan, in that the approval
of this Retail/Office Building 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 Se"ction 17.82.060 and all
other applicable provisions of the M~icipal Code.' .' . . . '.
/
The proposed Commercial Design Review located at Assessor Parcel Number 363-670-
004 is appropriate to the site and surrounding developments in that the Retail/Office
. Building has been designed in consideration of the. ~ize and shape of the property;.
. th~reby c~ea~ing interest and varying vistas as a person moves along the street. . Further
the project as proposed will complement the. quality of existing development and will
create a visually pleasing, non-detractive relationship between the proposed and existing
projects in that the architectural design, color and materials and site design proposed. U
evidence a concern for quality and originality.
AQENDA ITEM NO. 'e\.-
'" PAGE 'lb OF~ 0
n Page 1\venty-Seven - City Council Minutes - April 12, 2005
3. Subject to the attached Conditions or" Approval; the proposed project is not anticipated to
result in any significant adverseenvironinental impacts.
. . , . . I
Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial
Design Review located at Assessor"Parcel Numbiir 363~670~004, as, reviewed and
conditioned by all applicable City Divisions and Departments and Agencies, will not
have a significant ejject on the environmrnt pursu,ant to attached Conditions of Approval.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including
guarantees and evidence of compliance with conditions~chave 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 ofthePlarming Commission) afthe Lpke Elsinore
Municipal Code (LEMC), the proposed Commercial D~sign Review 1ocated'at Assessor
Parcel Number363-670-004 has been scheduled for cimsideration and approval of the
Planning.Commission.
('\ CONDITIONS OF APPROVAL'
GENERAL
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1. The applicant shail defend (with counseiacceptabl~tp 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, .El11ployees;or Agentstoattach, set
aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or
legislative body concerning the subject project known as Parcel 4 Retail/Office Building
located at 363-670-004, which action is bought within the time period provided for in
'California Government Code Sections 65009 and/or 66499.37, andPubiic ResoUrces
.' " ',' _ ' 'f
Code Section 21167. The City will prompjly 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
Applicantshall not, thereafter, be responsible to defend, indemnify, or hold harmless the
City. .
2. The Design Review approval located at Assessor Parcel No. 363-670-004 '~halllapse and
become void one (I) 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 ~ith the land for this one (1)
year period and shall continue to be valid upon a change of ownership of the site.
AQENOA ITEM NO..J Q.,
'.. PAGE :2. 7 OF~
Page 1\venty-Eight --: City Counc~IMinutes-,ApriI12, 2005
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3. . Prior to the certificate of occupancy of the. first building, the entire site parking lot, entry
driveways, perimeter and internal lands~aping .shall be completed as indicated on the
approved plans attach~d hereto. .
. .
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t" i',
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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.
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 'ConditioIls. of Approval, or the 'Planning Commission/City Council
through subsequen\act~oN', .... . \ ',:
6. Any alteration or expansion of this Design Review approval shall be reviewed according
~o:~ provisions of Chapter 17.82 (Design Review) Of t!!-e.Lake Elsinore Municipal U
7. All l?of mounted or ground support air conditioning units or other mechanical
equipment incidental' to development' shall be archita:turally screened or shielded by
landscaping so thilt they are not visible from neighboring property or public stre.ets. Any
material covering the roof equipment shall match the primary wall color.
. , ' ',.' :.:, - ,
, "
8. . All exterior on-site'lighting shall be shielded and directed o~-site so as not to cr~ate 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:
9. Applican~ shall meet ADA (AmericanswithPisabilities Act) requirement~.
I ,!.f.' '," . ',. ,'I, , '
10. Trash enclosures shall be constructed per City standards as approved by the Community
Development Director or Designee.
11. N~exterior roofIadde;s sh~ll be permitted.
. .
12. All doWnspouts shall be co~cealed or archit~cturally scre~ned and'painted to match the
exterior color of the building. . .' . .' ;
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AQENDA nEM NO. I Q.,
"-. PAGE2t'OF ~ ()
n Page 1\venty-Nine - City Council Minutes - April 12, 2005
13. 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.
14. Materials and colors depicted on the plans and materials board shall be used unless
modified by the Community De~elopI11ent Director or designee.
, "
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'15. On-site surface drainage shall not c;oss sidewalks:
16. Parkings.talls shall be double-striped with four-inch (4") lines two feet (2') apart.
. , ,
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17: All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation
'. ; -, " ,
system and erosion control vegetation installed, approved by the Planning Division.
, .,. - .
PRIOR TO BUILDING/GRADING PERMITS'
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18. Prior to issuance of any grading permit or building permits, the applicant shall sign and
"complete an "Acknowledgement' of Co~ditions"form and shall return the executed
origina!' to the Planning Division for inclusion iri th~ ~ase records.
19. Three (3) sets of the Final LandscapinglIrrigation 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 Clieck & Inspection Fee will be' charged prior to final landscape
approval based on the Consultanrs ,fee plus forty percttnt (40%) City fee.
a)
.. . -, ., , ,
All planting areas shall have permanent and automatic sprinkIer system with
100% plant and grass coverage using a combination of drip and conventional
irrigation methods.
.. - . " ' , . ;~. ,
b)
~. _ . .-'1 - , ; . ". ,
Applicant shall plant street trees selected from the City's Street Tree List, a
maximum of forty feet (40') apart and at least twenty-four-inch (24") box in
. . " , -,. -, "
size'.
j. .
c) All planting areas shall be separated from paved areas with a six inch (6") high
and six inch (6") wide concrete curb. '
d)
Planting within fifteen feet (15') of ingress/egress points shall be no higher
than thirty-six inches (36").
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AQENDA ITEM NO. I Cot
" PA0E4 OF lJ 0
Page Thirty - City Council Minutes - April 12, 2005
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e)
Landscape planters shall be planted with an appropriate parking lot shade tree
pursuant to the LEMC and Landscape Design Guidelines.
f)
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 resi~tant plantings with combination drip
irrigation system to be used to prevent excessive watering.
g)
h)
All landscape improvements shah be bonded 100% for matenal 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' Coh~ultant" ~d Community
Development Director or Designee. .
Alllands~aping and irrigation shalJ be installed within affected portion of any
phase at the time a Certificate of Occupancy is requested for any building. All
planting areas shaIl include plantings in the Xeriscape concept, drought
tolerant grasses and plants.' ' '..,'. "
j) Finallandscap~ pUm must be consistent witp approved site plan.
i)
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k) Finallap.dscape plans to include planting and irrigation details.
20. Applicant shall comply with the ;equirements of the Elsinore Vall~y Municipai Water
District. Proof shall be presented to the Chief Building Official prior to .issuance of
building permits and final ~pproval. '. .
2 L Prior to issuance of building permits, applicant shall provide assurance that all required
fees to the Lake Elsinor~ Unified School Distric~ have been paid. ,
1 ':.' .
22. Prior to issuance of building permits, applicant. shall provide assurance that all
requirements of the Riverside County Fire Department have been met.
. .
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23. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time
of building permit issuance. ' . .. " '.
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AENoA ITEM NO.J (A,
" PAGE..lQ. OF ~
("'\ Page Thirty-One - City Council Minutes...:. A~riI12, 2005 '
, ENGINEERING
24, All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to bUildingpeffilit.
25, All conditions of approval of TPM)0832 that have not been met or postponed until this
parcel develops shall be complied with. This includes but is not limited to encroachment
permit fees and Alquis-Priolo study or statement.
26. At the proposed ingress and egress driveway, adequate sight distance must be provided
, "for exiting vehicles. The existing slope along the frontage and recessed utility vault may
restrict sight distance. This may require the slope and utility vault wall to be cut back to
provide adequate sit distance. The precise site grading plan shall show. a detail, ,with
',elevations of the slope and utilitY wall with respect to the .line of site of the exiting
vehicle.' -'" ,
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, 27. Provide a minimum 30-foot ingress and egress drive isle to, public right-of-way. Drive
, 'isle shall' be free from conflicts with .parking stalls'.or drive 'isles, unless' otherwise
, ',.'" \ ,
approved by City Engineer. Revisedper the Planning Commission on March 15, 2005.
,
28. The landscaped strip along the rear of the property shall have positive drainage towards
the parking lot and away from the rear retaining wall in order to assure positive runoff
and no seepage behind this retaining waif,' The precise ~lte-grading plan shall show
elevation on the top of this wall and along ,the t(}p of the parking lot curb to assure a
positive slope. .
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,,29. Apply and obtain a grading permit with appropriatesecUI;ity p,rior to building permit
. issuance. A gradingpilin signed and stamped by !lCalifornia,Registered,Civil Engineer
shall be required if the grading e~ceeds 50 cubic yards or t1W existing flow p.attern 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, but ,a precise grading,site plan prepared
'j" . . , - . ..,.' '- '.. .
and permit shall still be obtained so that a cursory drainage and flow,pattem, inspection
can be conducted before site development begins.
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30: The Riverside County ,Water Quality Management Plan requires a project specific Water
Quality Management Plan (WQMP) for developments creating 5,000 SF or more of
impervious parking surfac'e. As such, the applicant Will 'be required to prepare a WQMP,
unless previously prepared for Tract Map 30832, and install BMP's using the best
available technology to mitigate any urban pollutants from entering the watershed, The
AGENDA ITEM NO. \ 0....
" PAGE 3 \ OP~
Page Thirty-1\vo - City Council Minutes - April 12, 2005
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plan shall identifY pollutants of concern and mitigate in accordance with the Riverside
County Water Quality Management Plan. Said plan shall be approved prior to the
issuance of a grading or site development permit.
31. This development will be subject to all applicable c6nditions of approval for Parcel Map
30832 at the appropriate development approval
'32. Capital Improvement and Plan Check fees, TIF, TUMF and Area Drainage Fees shall be
, 'paid prior to building permit issuance. '
33. Submit a "Will Serve" letter to the City Engineering Division from the applicable water
agency stating that water aild sewer arrangements have been made for this project.
, Submit this letter prior to applying for a building permit: "" ' ,
34. Construct all public works improvements per approved street plans (LEMC Title 12).
Plans must be approved and signed by the CitY Engineer prior to issuance of building
permit (LEMC 16.34).
35: Street impro~ement plans ~d'specifications shall be prepared by a California Registered
Civil Engineer. Improvements shall be designed and constructed pursuant to the latest
edition of " the Riverside County Road DepartmentSt!y1dards and City Codes (LEMC
12.04 and 16.34).
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36. If the existing street improvements are, to be modified, the existing street plans on file
, shall be modified accordingly and approved by the CitY Engilteer prior to issuance of
;, building periIiit.Aneiicroachment permit will be required to do the work.
37. Pay all fees and meet requirements of an encroachment permit issued by the Engineering
Division for construction of off-site public works improvements (LEMCI2.08, Res.83-
78). ' All' fees and' requirements, for an encroachment permit shall be fulfilled before
, Certificate of Occupancy. . ' . ' , "
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, 3 8. Theapplicatit~hall obtain
requirem'ents. ';,' ;. , ,,;,,'
'". . t " .l
aIiy 'necessary Caltrans permits and meet all Caltrans
"'"'" . "'(
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39. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 '1/2" x' U" mylar) shall be submitted to the Engineering Division before
final inspection of off-site improvements will be scheduled and approved.
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n Page Thirty-Three - City Council Minutes - Aprll12, 2005
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40. The applicant shall obtain all necessary off-site 'easements for off-site grading from the
. ' adjacent property owners prior, to graf'ing permit issuance.' .,
41. 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.
42. The grading for the site. shall be designed. so storm water runoff will not be allowed to
drain through the fueling area, subject to the approval of the City Engineer.' .
. .
43. Applicant to provide erosion control measures as part of their grading plan. The applicant
shall contribute to protection of storm water quality and met the goals of the BMP in
Suppleme~t "A" in the Riverside County NPD,ES I?rainage Area Management Plan.
44. Provide fire protection facilities as required III writing by Riverside County Fire
Department., , ~ ,
.45. Provide street lighting, show lighting improvements on street improvement plans, as
required by the City Engineer. ,,:
'. . "
46. On-site drainage shall be conveyed to .~. ~ublic facility or accepted by adjacent property
owners by a letter of drainage acceptance or conveyed to a drainage easement.
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47. All natural drainage traversing the site shall be conveyed tmough the site, or shall be
collected and conveyed by a method approved by the City Engineer. .
"
48, Roof drains shall. not be allowed to outlet directly through cuts in the street curb. Roofs
drainage shall be directed to a landscaped area prior to entering the drainage system.
49. Education guidelinesandBMP's 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 storm
water quality and met the goals of the BMP in Supplement "A" in the Riverside County
NPDES Drainage Area Management Plan.
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. PAGE.J.l. OF.-:LQ.
Page Thirty-Four - City Council Minutes - April 17, 2005
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50. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with 'CR&R Inc. for removal and disposal of all
waste material, debris,' vegetation and other rubbish generated during' cleaning,
demolition, clear and grubbing or all other phases of construction.
RIVERSIDE COUNTY FIRE DEPARTMENT
51. The applicant shall comply with all Comments and/or Conditions of Approval from
Riverside County Fire Department." '. .' .
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COMMUNITY SERVICES DEPARTMENT
52. The applicant shall pay park fees of $0.10 per squirref~ot of all interior commercial
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space.
53. The applicant shall contract with CR&R for all construction debris and removal as per
CitY ordinance.
54. The applicant shall maintain all'landscaping and graffiti of exterior walls:'
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37. Special Use Airreement for Inlet Channel with California Skier.
. .
Lake & Aquatic Resources Director Kilroy explained this item involving the
one mile inlet channel, which is ideal for advanced water sports such as
tournament skiing and wakeboarding. He explained that the agreement
would be a public/private partnership to admiriisterthe channel, including
maintaining the slalom courses, selling' use passes and promoting the
channel as an aquatic park. He advised that the contr.acto~ would be .
providing liability insurance and 25% of all user fees received for the inlet
channel to the City. He noted that the City would reserve the right for up to
six special events per year in the channel at no additionat" charge.
Councilman Buckley noted that a representative of California Skier was
present at the earlier meeting and they will, be doing a number of
competitions and bring in tourist dollars. He supported the agreement as a
good idea.
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AQENDA ITEM NO. J CA-
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('., Page Tbirty-Five- City Council Minutes - April 12, 2005
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Councilman Hickman inquired if the City had usedari.y of its event days in
the past. Lake & Aquatic Resources Director Kilroy indicated that there .
had been a number of events in conjunction with California Skier, including
the pro-wakeboard tour and the Blue Torch Flight World Events, as well as
other outside agency events such as jet boat races. .
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE SPECIAL USE AGREEMENT
WITH CALIFORNIA SKIER AND AUTHORIZE THE CITY MANAGER
TO EXECUTE THEAGREEMENL
38.
Reimbursement Agreement with Home Depot U.S.A.
City Engineer Seurrialo explained that this agreement was for the cost of "
engineering and Caltrans permitting for the interim improvements for the
, interchange at Highway 74 and Interstate 15. He indicated that staff had ' '
met with the engineers arid were comfortable moving forward with this as'a
contiguous project: ' ,
Councilman Hickman noted that this was to help resolve the congestion
problem.
MovED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY'..
UNANIMOUS VOTE TO AUTHORIZE THE MAYOR TO EXECUTE THE
REIMBURSEMENT AGREEMENT FORTHE DESIGN AND CALTRANS'
PERMIT PROCESS OF THE I-15/SR- 74 INTERIM IMPROVEMENTS. '.
39. Annexation Consideration from the Riverside Local Agency Formation
· Commission (LAFCO).
City Manager Brady explained the request from LAFCO, noting that it was
adjacent to Ramsgate, along Route 74, and covered about 150 acres.'
, ' ,
Councilman Buckley noted that Centex would be covering the cost of the
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Page Thirty-Six - City Council Minutes - April 12, 2005
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processing, ,so it would, be done at no cosUo the City.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO SUPPORT THE ANNEXATION.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:29
P.M.
THE CITY COUNCIL MEETING WAS RECONVENED AT 8:37 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
.f; ./
Edith Stafford, 29700 Hursh, addressed the need for more police. She indicated
that she supports more police protection whether it is for 6.5 officers or 2.3
officers. She noted a vehicle theft in which the police did not respond; but U
commented that she had been lucky when she called. forthe police.. She indicated
that it was never possibl~. to have enough pqlice protection, and stressed that the
officers put their lives on the line and need back-up prOtection. She urged the
Council to go for more officers and cut back the fat.
Police Chief Fetherolf clarified his recent memo to the City Manager in which he
commented that in his opinion the department was operating below the national
standard for police officers. He eXplained that the minimal level of service in a .
normal community is 1 officer per 1,000 population, and his calculation indicate
that there were only about .8 officers per l,OOO. He clarified that when he
. obtained clarification of the formula for the purchase of police service, it came up .
to the 1.0 per 1,000 figure. He explained that this was a general indicator for any
community, and noted that with the projected growth for the next year,. he would.
anticipate the need for two more officers. He stressed that his original figure of
five officers was incorrect. He commented that they would always like more
officers for additional programs, and noted that they receive 70 to 100 calls for
service in every 24 hour period. He clarified the priority system for dispatching,
and explained that 114 personnel were deployed from the Lake Elsinore Station, U
covering the area from Corona to.Murrieta and from tlle Top of the Ortegas to
AQENOA ITEM NO. J Q,
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n Page Thirty-Seven - City Council Minutes - April 12, 2005
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Perris. He indicated that the City budgeted $5.7 million this year for 35 full time ..
equivalents and with the requested additions that would increase for next year.
He stressed that they always kept the City contract full, due to their legal and
moral obligations. '
Mayor Magee clarified that the City was right on target with the industry standard,
but needed two additional officers to keep pace. He concurred that the Council
would like to have more, but indicated that was their challenge. .
Councilwoman Kelley inquired if City officers ~ere going to Wildomar. Chief
Fetherolf clarified thatthere were officers for City limits, as well as deputies for
the surrounding County areas. He explained that for major calls in the City,
everyone would be responding, as would happen in other areas outside the City;
He stressed the need to protect the officers and citizens in the community.
., . .
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Councilman Hickman inquired, if it ,was possible to state the preference for a
motorcycle over a patrol car. Chief Fetherolf indicated that the Council could buy
whatever they desired, but clarified that the motorcycle officers were dedicated
,
officers, for which the City paid a special rate. He stressed that they had to be
specifically trained, so the City h~d to pay more for them. Healso noted that the
other officers were fully supported in the contract. Chief Fetherolf indicated that
his salary was not a part of the contract.
'.' "
Mayor Pro Tern Schiffner asked for an expl~ation of the concept that City income
is derived from the issuance' of traffic' citations. He questioned where'the citation
money goes. ChiefFetherolfe~plainedthe division of traffic enforcement in the
area, with the County areas being deferred to the Highway Patrol. He indicated
that in ,City limits the Sheriff has that responsibility so they put two motor officers
in the City for traffic enforcement. He explained that'when they 'write citations,
they will typically use State coqe sections and when possible City code sections.
He advised that he was not fullyabletocomment on the distribution of fines at
the State level, but expressed doubt that it would be sufficient to support the
officers.' , . "".'
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Page Thirty-Eight - City Council Minutes - April 12, 2005
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CITY MANAGER COMMENTS
No Comments.
CITY ATTORNEY COMMENTS
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City Attorney Leibold ~ommented on the following:
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1)
Commented that the Officer awards and stories were awesome, and
offered Congratulations to all of those recognized.' ,
CITY COUNCIL COMMENTS
. . , ,
Councilwoman Kelley commented on the following:
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1)
, Pointed out to the City Council; that the City Manager advertisemt:mt
was included in the Jobs Available for ApriL
,
2)
Congratulated all of the officers honored this evening, and noted that
- . . . . , .
it was interesting to hear their stories.
, ,
Mayor Pro Tern Schiffuer commented on the following:
'('
1)
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. . . .
Congratulated the officers and commented that he was sure there were
. . . . ' , .
,'a numJ;ler of other things worthm'ention: '"
Noted that it was his first Iheeting without a tie, as his 'arm was outof
'.". .. .
, service. He apolo~ized for being casual. ' "
2)
Councilman Hickman commented on the following:
1) , Welco~ed the SOS Storage Certter on Canyoh Estat~s Road.
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2)
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Noted that he represented the City at the RTA Rodeo obstacle course
AQENOA ITEM NO. -' 0.
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event. He indicated that this was the 4th year of the event. He also
indicated that he met Coco Morrison at that event and heard about the
Miss Southern California event.
3) Offered kudos to the recognized Police officers.
Councilman Buckley commented on the following:
I)
Indicated that he was out of town for the annual Mosquito Control
function. He noted that the projections were predicting a warm three
months which will be perfect for mosquito breeding. He announced
that free services including mosquito fish by calling (951) 340-9792
or by contacting them at www.northwestmosQuitovector.org. He
commented that 55 to 60% of mosquitos carrying West Nile Virus
breed in people's back yards. He stressed the need for assistance, .
and noted that there had been no cases of West Nile Virus, so far, in .
Lake Elsinore.
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Mayor Magee commented on the following:
I) Announced a Joint Meeting with R.C.T.C. and O.C.T.A., to be held
on April 14th at 6 p.m., regarding alternative routes to Orange County,
including the 91 freeway and Highway 74.
2) Announced City-Wide Clean-up Day for City residents only on April
23rd from 7 a.m. to I p.m.
3) Indicated that he was humbled to be able to give out awards
recognizing the actions of officers and citizens in the community.
He commented that it was an honor to be surrounded by them.
ADJOURNMENT
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THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:56
P.M. '"
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE'
ATTEST:
')"
VIcKI KASAl), CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSiNORE'
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AGENDA ITEM NO. I CA.. .
PAGE.:tQOF Y. 0
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, 'MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
, ,
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TUESDAY, APRIL 26,2005
*************************************************************
CALL TO ORDER
Mayor Magee called the Joint Study Session to order at 4:01 p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: KELLEY, SCHIFFNER,
MAGEE
('ABSENT:
. .
COUNCILMEMBERS: BUCKLEY, HICKMAN
(Councilman Buckley arrived at 4:12 p.m.)
(Councilman Hic~an arrived at 4:06 p.m.)
,
Also present were: City Manager Brady, City AttornefLeibold, Administrative
Services Director Pressey, Community Services Director Sapp, Lake & Aquatic
Resources Director Kilroy, Information/Communications Manager Dennis,
Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio,
Building & Safety Manager Chipman, Engineering Manager Seu,malo, City
Treasurer Weber, and Deputy City Clerk Ray.
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.
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PUBLIC COMMENTS
Bill Tiitto, Lake Elsinore, commented on Item I b. He indicated that he had inquired
("'pow many statements and receipts were reviewed. He questioned the ability to have
Agenda Item NO.~
Page-1-of~
PAGE TWO STUDY SESSION MINUTES '-:: APRIL 26, 2005
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an audit ifno one knew how many accounts were revtewed. He indicated that he
had spoken with Councilman Buckley andwas told that all the receipts and
documents were back in the files. He indicated that he would like to see a chart of
the files that were reviewed. Mayor Magee indicated that he would schedule a
meeting with Mr. Tiitto and bring the audit documents. He explained that he might
not be able to bring all the documents that were reviewed. .. ..
CONSENT CALENDAR
1. Minutes.
No comments.
2. Warrant List- April 14, 2005.
Councilman Hickman requested clarification of various checks issued on the
warrant list. Staff clarified the items.
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Councilman Buckley clarified check number 81466. CO\illcilman Buckley
requested clarification of check number 81511. Staff clarified the check issued.
3. Claim against the City - Carolyn Deness (CL#2005-1).
Councilman lIickman inquired if the issue would require the attention of the
Personnel Attorney~ City Attorney Leibold indicated that Mr. Filarsky evaluated
the situation when the letter came in; and all of his [mdings were forwarded to
Carl Warren & Co.
Community Services Director Sapp indicated that the. employees listed in the
claim were not currently employed by the City. .
4. Equipment Trailer Purchase - $22,179 - Glenn B. Doming.
No comments.
Agenda Item NO.-1.b-
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{'\<\.GE THREE STUDY SESSION MINUTES - APRIL 26, 2005
5. Disposition of surplus scrap equipment Ektaprint 90 Copiers. .
Councilman Hickman inquired the number of other cities that would consider
having the copiers. Information/Communications Manager Dennis explained that
the equipment was not salvageable and not of any interest. He further explained
that the equipment was old and the parts were not available.
6. Digital Conversion of Microfiche Records - Bid America - Phase II.
No comments.
" .
7. Agreement for Carp Disposal Services - Martinez Trucking Co. - $40,000.
Councilman Hickman questioned if this was just for the company to haul away
the carp. Lake & Aquatic Resources Director Kilroy confirmed. . He indicated
n that staff had removed 1.1 million tons of fish total in the past 3 years.
Mayor Magee commended Mr. Kilroy on the rate he was able to get for the carp
removal. .
,
City Treasurer Weber commented that his employer was involved with
companies that haul vegetables on flat bed trucks. He questioned if there was an
RFP done on the project. He also questioned if the company was receiving
money on the other end. Mr. Kilroy explained that LESJW A had done extensive
research and this was the company they were able to bring forward.
Councilwoman Kelley requested clarification that it was on a 24 hour standby
basis and the truck had to supply a sealed water tight container. Mr. Kilroy"
clarified. He confirmed again that it was the same company that LESJW A had
used. . .
Mayor Pro Tern Schiffuer commented that the item had been thoroughly
investigated. He indicated that the options presented by staff were the best
choices,of all of the things staff had researched regarding the item. '
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Agenda Item NO.~'
PageLof-R-
PAGE FOUR STUDY SESSION MINUTES -APRIL 26, 2005
8. Approval of Final Map 31983, Home Depot USA. .
No comments.
9. Approval of Final Map 31706-2, Canyon Hills Specific Plan.
No comments.
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10. Approval of Final Map 31706-1, Canyon Hills Specific Plan.
Councilman Hickman indicated that these homes were selling at a fast pace.
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PUBLIC HEARINGS
21. Public Hearing - Resolution No. 2005-43 - Belcaro;
,
No' comments.
22. Public Hearing - Resolution Nos. 2005-44 thru 2005-46l\TId Ordinance No. 1149
- Belcaro.
No comments. ,
BUSINESS ITEMS
31. Request for waiver of fees - Diane Sandberg - Use of Cultural Center -$880.
. . , ' .
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-
Councilwoman Kelley indicated that it was against Council's policy to waive fees
for a private party; and expressed her concerns with setting a precedence~','
Mrs. Sandberg indicated that she understood the policy and stressed that this was
actually a Boy Scout function. She noted that the Boy Scouts did a lot of
volunteer work in the community.
'.j. .
Councilman Buckley indicated that he viewed the issue as a Scout function; which
qualified for the waiver for nonprofit organizations
Agenda Item No.l.k---
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nAGE FIVE STUDY SESSION MINUTES - APRIL 26, 2005
Mayor Magee agreed that the Boy Scouts were a'honprofit organization; but
clarified thatthe event was a private party. He suggested holding the deposit fee
which would cover damages and clean up. He indicated that he had a problem
with providing staff without a cost. He indicated he would be wiIIing to write a
check for that dollar amount to the Boy Scouts of America. He requested a '
consensus of the Council that with the $500 deposit everything would be covered. '
Mayor Pro Tern Schiffuer indicated that he would be in fa:vor of waiving the rental
fee of the auoitorium.
Mrs. Sandberg thanked the Council for their generosity.
32. Request for Waiver offees...:'Pat Vesey --' Lake Elsinore Rod RUIi"$500.
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Mayor Magee indicated that he did receive an email from Chamber of Commerce'
President Kim Cousins, acknowledging his support in waiving the fees for this
event.
Councilman Buckley indicated that this was more of a sponsorship.
, '
Councilman Hickman indicated that they did not require Police. He questioned if
the Sheriff Posse would be present. Recreation/Tourism Manager Fazzio
explained that the Posse would be present. ,She further iridicated that only half of
the posse would be present due to an event at the local high: school at ,the same
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33.888 Park Site Alternative & Funding.
Mayor Magee gave an overview and some background infoimation on the item.
He indicated that he and Mayor Pro Tern Schiffuer had been a part of an Ad Hoc
Committee with EVMWD. He noted that there were two parcels vacant and "
EVMWD indicated tImt they could drill on either parceL He explained they would
not commit to a: timing of less than two years; and there was a need or desire to
have a least one park built in that particular area as soon as possible.
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Agenda ItemNo,~
pagelOf~
PAGE SIX STUDY SESSION MINUTES - APRIL 26, 2005
Councilman Hickman questioned who would be doing the landscape. Community
Services Director Sapp indicated that the plans were done 10 years ago and were in
the process of being updated. , ..
Councilwoman Kelley questioned if the item was approved what would be the
estimated start of construction date. Mr. Sapp indicated possibly inAugust.
Mayor Magee indicated that there was no funding in the budget at this time. He
suggested allowing EVMWD to drill on the small site and the City would fully
improve the big site. He further suggested requesting that EVMWD provide
amenities to the park site.,. " .
Mayor Pro Tern Schiffuer suggested the site be considered for aBoys and Girls..
Club. Councilman Hickman indicated that he would prefer the 5 acre site located
near Mission Trail.
, '.'
Councilman Buckley indicated that the cost for the park was too much.
Mayor Magee indicated that there was no agreement with EVMWDat this time
and Council had not set aside the budget amount. He suggested contiiIuing the
item off calendar. ,.
.
Councilwoman Kelley indicated that if Council moved forward and select
Alternative 1 then the City would put in the park and EVMWD would,not get a
pump site. Mayor Magee noted that Alternative 1 reflected a pump site. He
suggested that there still needed to be money to fund the project.
Mayor Pro Tern Schiffuer suggested directing staff to bring back to Council a new
site layout with cost estimate for ,the larger parcel. : ' '
Councilman Hickman suggested directing staff to bring back plans for both sites
depending on the budget; and he would prefer the bigger site; and suggested Mayor
Magee and Mayor Pro Tern Schiffuer negotiate with EVMWD to pay for the park
in exchange for the smaller site.
Agenda Item NO.~
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nAGE SEVEN STUDY SESSION MINUTES.:... APRIL 26,2005 '
REDEVELOPMENT AGENCY
CONSENT CALENDAR
1. Minutes.
No comments.
BUSINESS ITEM
2. Advertising Campaign status: Diamond Stadium Request for Proposals (RFP).
Information/Communications Manager Dennis gave an overview of the item. .
Chairman Hickman inquired if staff had considered advertising in the Wall Street
Journal. Mr. Dennis explained that staff had reviewed that avenue, but the budget
(\ woul~ not allow it.
Boardmember Buckley indicated the cost for publication in the Wall Street Journal
was significant.
". . .,....
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ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 5:12 P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
DARYL HICKMAN, CHAIRMAN
REDEVELOPMENT AGENCY
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Agenda Item No.J 10
PageLOfl
PAGE EIGHT STUDY SESSION MINUTES - APRIL 26, 2005
Respectfully submitted,
FREDERICK RAY, DEPUTY CITY CLERK
ATTEST:
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR.
CITY OF LAKE ELSINORE
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Agenda Item Noo.1 b
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MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
.< TUESDAY, APRIL 26, 2005
*********~********************************************************
CALL TO ORDER
The Regular City Council MeetIng was called to order by Mayor Magee at 5: 15
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 Services Director Sapp,
Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo,
Information/Communications Manager Dennis,Parks &Open Space
Manager Fazzio, Planning Manager Preisendanz, PublIc Works Manager
Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and.
CityClerk/Human Resources Director Kasad. '..
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to subdivision"
(b) of Govt. Code Sectiofl54956.9 (1 potential case).
b.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Initiation of litigation pursuant to subdivision (c) of
Section 54956.9 (1 potential case).
AQENOA ITEM NO.J ('
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c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Property: 32395 Corydon, Lake Elsinore, California (APN 370-120-045)
Negotiating Parties: The Bently Foundation and City of Lake Elsinore
Under Negotiation: Price and terms of payment
d. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
. , .
(Government Code Section 54956.8)
Property: 108 W. Heald Avenue, Lake Elsinore, California (APN 374-173-
.004)
Negotiating Parties: Berthhanna Taylor and City of Lake Elsinore
Under Negotiation: Price and terms.of payment
City Attorney Leibold announced the Closed Session discussion items as listed
above. (.J
THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO
CLOSED SESSION AT 5:16 P.M. . '
The Closed Session discussion was completed at 6:15 p.m,
RECONVENE IN PUBLIC SESSION ;.
,.
Mayor Magee reconvened the Regular City Coun<.:ilMeeting in Public Session at
7:05 p.m.
PLEDGE OF ALLEGIANCE
The Pl~dge o~Allegiance wa~ led by Tom Willis.
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INVOCATION - MOMENT OF SILENT PRAYER
Mayor Magee led the meeting in a moment of silent prayer.
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AQENDA ITEM NO. J (' ,
PAGEL OF ~ 0
(\ Page Three - City Council Minutes -April 26, 2005
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ROLL CALL
1_.
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PRESENT:
COUNCILMEMBERS:
. BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE, '
, .
ABSE~T:
COUNCILMEMBERS:
NONE',
Also present were: City Manager Brady, City Attorney'Leibold, ,
Administrative Services Director Pressey, Community Services Director Sapp,
Fire Chief Gallegos, Lake &Aquatic,Resources Director Kilroy, Police Chief "
Fetherolf, Engineering Manager Seumalo, Information/Communications
Manager,Dennis, Recreation & Tourism Manager Fazzio, City Treasurer
Weber and City Clerk/Human Resources Director Kasad.
PRESENTATIONS/CEREMONIALS
A. Proclamation -'CalifomiaWater Awareness Month. ': :,
Mayor Magee read and presented the Proclamation to Phil Williams,
representative for EVMWD. Mr..Williams accepted the Proclamation and
stressed the value of water and their efforts to preserve water and maintain
the water level in the Lake. ,He further stressed that water is a very precious
and expensive commodity.
B. Proclamation - Motorcycle Awareness Month.
Mayor Magee read and presented the Proclamation to Russell Howard and,'
other representatives of ABATE. He noted that this group held one of two
annual motorcycle events'in the community. 1\.1r. Howard indicated thatthis
, th' " .
was their 10 year to hold the regional rally in Lake Elsinore. He thanked
Community Services Director Sapp, Recreation & Tourism Manager Fazzio'
and City Clerk/Human Resources Director Kasad, as well as theCiiY
Council for their assistance inholding the event: He stressed that the
AQENDA ITEM NO. Ie
PAGE .3 OF':< ()
Page Four - City Council Minutes - April 26, 2005
u
cooperation of staff made the event easier to present. He commented that
motorcycle riders were not the only ones that needed to be aware when
driving and wished everyone a safe ride.
C. Proclamation - Mental Health Month.
Mayor Magee read and presented the Proclamation to Dorothy Pappih
representing the Riverside County Mental Health Board. Ms. Pappin
thanked the City Council for the Proclamation. .
D. . Proclamation -Child Abuse Prevention Month. .
Representatives were not able to attend to accept this Proclamation.
E.
Presentation - Sergeant Stephen Ferguson.
u
Mayor Magee presented Sergeant Ferguson with a Certificate of
Recognition and commended him for his serviCe in Iraq and service to the
United States Marine Corps. Mr. Ferguson thanked the City for this
recognition and indicated that he was just doing his job, like.other Veterans
.had done; He commented that he enjoys the opportunity to volunteer and
help out Paula Graver expressed hopes that she could inspire young
people .like Mr. Ferguson to stay in'the Corps.
" .i....
CLOSED SESSION REPORT
City Attorney Leibold reported that the Council met in Closed Session on the
items as listed on the Agenda, with no reportable action. .
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
J-LSwanson"O'Neal, 29610 Hague, indicated that she was present to say that she
was very interested in having the lights lit on Lakeshore drive. She stressed the
level of community support for this effort and the level of support to help make it
u
AQENOA ITEM NO. 1 C
PAGE~ OF ~O
n Page Five - City Council Minutes - April 26,2005
happen.
n
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Ron LaPere, 16867 Wells Street, rioted that the General Plan revision will ,take into
consideration the his~orica1 values in the community. He indicated that there were,
14 light standards between Illinois Street and Chaney Street that were still in
pretty good shape. He commented that once the figures were known, he would
look at the most feasibl~ way to bring power to them, and noted the potential for,
reduced operational costs. He advised that he would report back on how best,to
accomplish this task;. .,' 'r "'
Donna Morin, r~presenting' the Historical Society, indicated that she was present
for two reasons.:She fIrst thanke~ the City, Council for their graciousness and
assistance in getting the, Cultural Cel).ter basement ready for the Grand Opening of
the Museum.' Shethen addressed'the lights and noted that this was J.J. Swanson's
project arid commented that she was sure it would get done one way or another.
She thanked the Council for their support.
" ,
, , .
Pierce Patrick, 30300 Dryden, commented that ~e 12 or 13 people wanting to
speak on the street lights helped to stress the importance of the issue. She
indicated that the lights would bea focalp<;>int, and stressed that many people ,.
wanted to help with this effort.
..' . I " ,
Tim Fleming, 17970 Lakeshore, indicated that,he was a member of the General'
Plan Advisory C~mmittee, and noted that they had ,discussed the vision of Lake
Elsinore. He indicated that they saw a return toth(: City's history, and there was a
real City treasure in the light standards. H~ noted that there w'ere 17 standards on
. . .. - .
Lakeshore and suggested they were a way to illul,llinate the City's future.
- . . ,
[\
Linda Keeney, 4000 Crestview, addressed the Council on behalf of the Mayor's
Prayer Breakfast, and invited e\;'eryone to attend on May 5th at 7:45 a.m. She
noted that the event was patterned after the national ,event in Washington D.C., and
would serve as a time of rededication. She noted the keynote speaker and
indicated that more information could be obtained by calling 951-678-1159. She
I ' . - "
advised that tickets for tables of six could be, purchased for $100.
AQENOA ITEM NO.J e.
PAGE~OF .;1..1) I
Page Six - City Council Minutes - April 26; 2005
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Judy Jacobs, 17555 Sunnyslope Avenue, indicated that she was a new resident,
who had recently migrated from Orange County. She stressed the history of the
area and its future potential. . She suggested starting with the lights that were still
in position, would be an excellent way to bring civic pride to the community.,
" II'.
Mary Bredlau, 17912 Skyline Drive, supported lighting the street lights. She
suggested that the funding and refurbishing ofthe lights would add beauty and
ambiance to Lake Elsinore and show where the community had come from. ". She
also suggested that it would provide safety for drivers on Lakeshore Drive.' She
indicated that she had been told that the future widening of Lakeshore Drive was a
reason not to proceed with this, but questioned how much planning had been dorie.
for a widening project and when it would be widened. . She commented that there
rriightbe only one opportunitY to build on the City's history and heritage, and it .
was important to preserVe artifacts of the City's history. She stressed that this was
a j::ommuhity issue. " U
Tom Willis, 17747 Skyline Drive, addressed the street lights and noted the number
of screeching cars he hears on LakeshoreDrive. He rNteratedthatsafety was a
good reason to light the lights. He also suggested that this was a 'good way to
attract a higher level of income' to the City.
Ramon Tamargo, 17747 Skyline Drive, noted that he had submitted a letter on this
topic. He commented that Phil Williams posed' the question on th~ value of water
and suggested analtemate question on the value of the integrity of having the City
admired and escaping the old run-down image. He noted that there were no
. .
boarded up homes in their area and stressed that this was more than an issue of
Lakeshore Drive, but more of an issue for the community as a whole. He stressed
the importance of image for people visiting the community.
Charlene Cleary, 15990 Annette, Lakeland Village, commented'that the street
lights originally went in about 1926 and carried an incredible aesthetic value. She
noted that a request last year inspire the Lakeland Village RDA Committee to look
at putting similar lights in on Grand Aveime. She stressed the beauty of tqe lights' U
and the continuity that could be established with the lighting of these lights in
Ie,
AGENDA ITEM NO.
t ~O
PAGE--Y2- OF
n Page Seven - City Council Minutes - April 26, 2005
n
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combination with the Grand Avenue lights.' She commented that even if the roads
were widened, lights would still be need~d.
Paula Graver, 117 N. Poe Street, read an e-mail from a serviceman in Iraq
addressing a poll on pulling out troops and the security situation in Iraq.
. , .
Recreation & Tourism Manager Fazzio, commented on behalf of the Senior Center
and noted their ongoing mnd-raiser. ,She indicated that they were selling tickets
for a piece of art entitled 'The Santa Rosa Plateau". She advised that tickets were
$1 per ticket forthe May 6ili drawing. '
Mayor Magee commented that the public comments on the street lights had been
heard and the Council had asked that this item be added to the unfunded projects
list in the budget. . He noted that the Council was facing significant budget
h\lfdles, but would do the best they could. Councilman Buckley iridicated that
the budget was tight, but relighting the lights was an excellent idea for safety and
beautification. . He noted that eventually Lakeshore Drive might be widened; but .
it might not. He suggested that this item might be considered it repair project or
an RDA project, rather than a capital project. He noted that a number of people
had offered to help pay for the projectat some level with donations; and expressed
hopes that the funds would be found to complete the project. He reiterated that
placing it on the list was the first step. "
PUBLIC COMMENTS - AGENDIZED ITEMS -3 'MINUTES
,['
No Comments.
CONSENT CALENDAR
"i'
, ,
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS
PRESENTED, ,"
"
't'
1.. The following Minuteswere approved:
AQENDA ITEM NO. 1 C-
PAGE~OF .20
Page Eight - City Council ~inu!es - April 26, 2005
2.
3.
" "
4.
5.
6.
u
, a.
b.
Joint Study Session 7 March 22, 2005.
Regular City Council Meeting - March 22, 2005.
City Council Study Session - March 29, 2005.
Joint Study Session - April 12, 2005.
, ,1
c.
d.
The following Minutes were received and ordered filed:
,
e.Planning Commission Meeting - April 5, 2005.
f. Public Safety Advisory Commission Meeting - February 9, 2005.
g. Public Safety Advisory Commission Meeting - March 9, 2005.
Ratified Warrant List of April 14, 2005.
,1,
Rejected and referred to Claims Administrator for handling, the Claim. .
Againstthe City submitted by Carolyn Deness (CL#2005-l). U
, ,
Authorized staff to purchase an Equipment Trailer from Glenn B. Doming at
a cost of$22,179.
'j .,'
, .
Declared two Kodak Ektaprint 90, Copiers as Surplus Scrap and Authorized"
,the City Manager to sign the release forms to transfer equipment for,
removal and disposal.
Authorized Purchase Order for Digital Conversion of Microfiche Records
with Bid America for Phase Two of the Building Division Microfiche
records archive.
" '
7. Approved waiver of the City's bid process and Approved Agreement and,
Task Order No. 1 for Carp Disposal Services with Martinez Trucking
Company in an amount not to exceed $40,OQO: .
8.
, , .
Approved Final Map 31983, A Commercial Subdivision by Home Depot
USA, Inc., located at the northwest intersection ofInterstate 15 and Central
Avenue (Highway 74), subject to the City Engineer's acceptance"authorized
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AGENDA ITEM NO. I c..-
PAGE t OF 2.0
(\ Page Nine - City Council Minutes ~ April 26, 2005
acceptance of all dedications aridrecordatio~~fthe map.
9. Approved Final Map 31706-2, A Residential Subdivision by Pardee Homes,
'Iocat~d at the northeast of Canyon Hills Road in the Canyon flills Specific
Plan Area, subject to the City Engineer's acceptance, authorized acceptance
of all' dedications and recordation of the map. '
10. Approved Final Map31706~1, A Residential Subdivision by Pardee Homes,
located at the northeast of Canyon Hills Road in the Canyon Hills Specific
Plan Area, subject to the City Engin~er's acceptance"authorized acceptance
of all dedications and recordation of the map. '
PUBLIC HEARINGS
n 21., Public Hearing - Resolution No. 2005-43. - Approving the Annexation of
, Territorv and the Levv of Assessments for Lake Elsinore Landscape and
Street Lighting District No. I as Annexation Area No. 7 (Belcaro ).
,
Mayor Magee announced that this was the Public Hearing on Agenda Item
No. 21, the Annexation of Territory and the Levy of Assessments for Lake
, Elsinore Landscape mid Street Lighting District No. 1 as Annexation No. 7
(Belcaro)., He opened the public hearing at 7:39 p.m.
City Attorney Leibold announced that notice of this public hearing had been
'published in accordance with the Landscape and Lighting Act of 1972 and
proof of such publication was on file in the City Clerk's Office.
'. I . , ,
Administrative Services Director Pressey highlighted the proposed action.
He advised that the Engineer's Report,was prepared by Harris & Associates
and Mr. Dennis Anderson was present representing the firm, to respond to
questions. . '
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, ,. .
Mayor Magee requested public testimony. ',There were no public comments.
AQENDA ITEM NO. J G
PAGE-1.0F ;tD '
Page Ten - City Council Minutes - April 26, 2005
u
Mayor Magee inquired lfthere was any City Council discussion. There
was no City Council discussion: . . .
May~r Magee inquired ifthere were any other property Qwners su1Jjel::t to
the proposed special taxes who wished to file witten pr9tests, prior to
closure of the public hearing. There were no writt~nprotests filed. ,
Mayor Magee closed the public hearing at 7:40 p.m~
. . "
, ' . . , ' ~, , .
.. Mayor Magee directed the City Clerk to tabulate the ballots and announce if
a majority protest had been made. ..
City Clerk/Human Resources Director Kasad reported that no majority
protest existed. -
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005~43: .
u
RESOLUTION NO. 2005-43
A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF LAKE
. . ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY
OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND
STREET LIGHTING DISTGRICTNO. lAS ANNEXATION AREA
NO.7 (BELCARO).
22. Public Hearing - Resolution Nos. 2005-44 thru 2005-46 & Ordinance No.
1149 - 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); Calling a Special
Election: Canvassing Election Results: Authorizing the LevY of Special
Taxes for CFD 2003-1 Annexat!on Area No. 12 (Belcaro ).
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AQENOA ITEM NO. _, L
PAGE.J1.L OF {). 0
(\, Page Eleven - City Council Minutes - April 26, 2005
Mayor Magee announced thilt this was the Public Hearing on Agenda Item
No. 22, a Resolution Deterinining the Validity ofPtior Proceedings Relating
to Annexation of Property into the City of Lake Elsinore Community .
Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic
Services); calling a Special EleCtion; canvassing election results; and
Authorizing the Levy of Special Taxes for CFD2003-1 ,Annexation Area
No. 11 (Alberhill Ranch). He opened the public hearing at 7:41 p.m.
City Attorney Leibold announced that notice of this public hearing had beeh
published in accordance with the Mello-Roos Community Facilities Act of
1982, and that proof of such publication was on file in the City Clerk's
Office.
(\,
Administrative Services Director Pressey highlighted the proposed action.
He indicated that the Engineer's Report had been prepared by Harris &
Associates and advised that Mr. Dennis Anderson, representing the firm was
present to respond to questions.
,
. Mayor Magee requested public testimony. There were no public comments.
Mayor Magee inquired if there was any City Council discussion. There
was no City Council discussion. .. : ;
Mayor Magee inquired if there were any other property owners subject to
the proposed special taxes who. wished to file written protests, prior to .
closure ofthe public hearing. There were no written protests filed.
Mayor Magee closed the public hearing at 7:43 p.m.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-44:
(\
RESOLUTION NO. 2005-44 . .
AQENOA ITEM NO. _I c.-
PAGE -Ll. OF :;La
I
Page lWelve - City Council Minutes - April 26, 2005
U
A RESOLUTION OF THE ,CITY COUNCIL OF THE CITY OF LAKE
, ELSINORE 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).
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-45:
RESOLUTION NO.. 2005-45'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW U
, ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A
SPECIAL ELECTION.
,
,.Mayor Magee directed the City Clerk to tabulate the ballots and announce if
two-thirds of the ballots cast were in favor of the proposition.
City Clerk/Human Resources Director Kasad announced that all votes cast
were in favor ofthe proposed tax.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE- TO ADOPT RESOLUTION NO. 2005-46:
, 'RESOLUTION NO. 2005-46 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) U'
CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN
AQENDA ITEM NO. _\ e....
PAGE \ J.. OF ~ l5
(\ Page Thirteen - City Council Minutes -- April 26, 2005
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.ANNEXATlON AREA NO. 12 (BELCARO) ANNEXED TO SAID
DISTRICT."'"
. . . .
MOVED BYSCHIFFNER, SECONDED BY KELLEY to ADOPT"
ORDINANCE NO. 1149 UPON FIRST READING BY TITLE ONLY:
, ORDINANCENO. 1149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-
1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO. 12 BELCARO ANNEXED TO SAID
,DISTRICT." -
UPON THE FOLLOWING ROLL CALL VOTE: .,
,
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
, KELLEY, SCHIFFNER,
MAGEE
; ;. > ~ .
NOES:
COUNCILMEMBERS: ; <
NONE
ABSENT:
. COUNCILMEMBERS:'
NONE
".'. '
ABSTAIN:
COUNCILMEMBERS:
NONE
BUSINESS ITEMS'
'" -
- .
31.
Request for Waiver of Fees- Diane Sandberg - Use of Cultural Center-
$880.
Mayor Magee noted that the applicant was in the audience. Recreation &
AGENDA ITE~ NO. J c_
PAGE \:) OF? ~
Page Fourteen - City Council Minutes - April 26, 2005 .
u
Tourism Manager Fazzio noted that this was an application for use of the
Cultural Center for and Eagle Scout Court of Honor Ceremony. She
explained that the requested waiver was to cover the rental and cleaning
fees; and noted that the applicant had already paid the $500 refundable
deposit.
Diane Sandberg, Applicant, thanked the City Council for being open to
assisting the Boy Scouts in this way. She thanked Lake & Aquatic
Resources Director Kilroy for his, assistance with the Eagle project
suggestions.
MOVED BY BUCKLEY, SECONDED BY MAGEE TO WAIVE THE $220
RENTAL FEE.
Councilwoman Kelley inquired what Mrs. Sandberg's son had done as an U
Eagle Scout project. Mrs. Sandberg indicated that he had built two types of
fish hatcheries being a stake bed and a crib, near Four Comers.
Councilwoman Kelley noted the benefit of this project and other projects to
the community, and expressed appreciation for the benefits they provided.
She noted that she was very reluctant to break policy, but noted that policies
were currently under review. She stressed the need for a formal policy to
prevent a flood of this type of request. She indicated that she would
support the request, but was concerned about, setting a precedent.
Mayor Magee indicated that he was prepared to support the motion; but as
stated earlier, he was prepared to write the check to support the City .
services portion.
Councilman Buckley indicated that he would also join in to help cover the .
other costs, but noted that rental fees are waived for non-profits.
Councilman Hickman indi~ated that he supports this motion, and noted that
by sharing the costs he was spending another month of his City Council U
~alary.
AGENDA ITEM NO. _t (,
PAGEfloF 1 () ,(
n Page Fifteen - City Council Minutes - April 26, 2005
Mayor Pro Tern Schiffuer commented that City's could not spend funds on .
thirigs that were not for the City; but noted that these project were of benefit
to the City. . He indicated that he would also join the other members to
offset the costs.
THE FOREGOING MOTION CARIUED 'BY UNANIMOUS VOTE.
. '", ,."
32. Request for Waiver of Fees - Pat VeSey - P & RFoundation - Lake Elsinore
Rod Run - $500. ' '. . .',
, ,
n
. Recreation & Tourism Manager Fazzio no~ed thaie:very year this group
brings it huge event to town;,with la~t 'year'~ event including about 500 cars.
She indicated that thill ev~nt had been going on for five years, and this year
they were requesting sponsors~ip for Clean-up <;'osts after the event. She
noted that in past years there were huge messys 'lifter the event. She advised
that they were asking for a $500 sponsorship. ' ..
.- .' . . - ~ > '. . . E'" .
Mayor Magee noted that Chamber President Kim Cousins sent him an e-
mail this morning in support of this request, noting the benefit of having the
event in town. .' .
Mr. Vesey indicated that he would use any opportunity to promote the event.
He advised that they were right on target with the registration and the first
. . advertisements would appear this Thursqay iry the Press Enterprise.. He
invited everyone to attend and vendors to partiCipate. He stressed that this
was a community event and welcomed everyone to participate. L.'
Councilman Buckley coinm~nted that th~s was more of'a City spoJ1sorship,
than a waiver of fees. He noted that the City logo was on the event posters,
and commented that the event had been very positive for the City, with lots
of people coming into the community. He.noted that the event would be
. held on May 14th from 9 a.m. to 4 p.m.' . .
n MOVEDBYBUCKLE~SECONDEDBYKELLEYANDCAIDUEDBY
,
AQENDA ITEM NO. I G
PAGE I S OF '2 tJ i
Page Sixteen - City Council Minutes - April 26, 2005.
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UNANIMOUS VOTE.TO APPROVE THE REQUEST BY P & R .
PRODUCTIONS TOBECOME A PRESENTING SPONSOR OF THE LAKE
ELSINORE ROD RUN AND PROVIDE ADDITIONAL SERVICES TO THE
,; -: r './'
EVENT. . .. .. , .
33. 888 Park Site Altemativ7s and Funding.
City Manager Brady noted that the City Council had requested that this be
listed on the agenda~He explained that this tequest was initiated over a
year ago in cooperation with EVMWD, but it had not moved forward. He
advised that the Council had allocated $100,000 for development of the
park, and it was the ihtent ofEVMWD to put in a well on on~ of the two
sites. He noted that the CouIiciI ~ould consider development of a park on
either site, and EVM\\TD had indicated thatit did not matter which site they
used for the well. He requested direction from the Council at to which site U
they would prefer for the park.. . .,
. . .
Mayor Pro Tem Schitfuer noted the earlier dis~l!ssions.
\ . . . '., J , . d
. . r', , ", .
MOVED BY SCHIFFNER TO DIRECt MANAGEMENT TO
INVESTIGATE THE COST AND DESIGN OF THE PARKoN THE
LARGEST PARCEL OF LAND TO FIT INTO THE ANNUAL BUDGET,
LEAVING THE SMALLER PARCEL ALONE FOR NOW.
"
jCou~cilman Hickm~n noted'tliat there had been discussion of taking the
.". . - "F' ',. . -
matter olT caiendar. ' . - .
'_' .,. f. ( : "I' "
Mayor Magee darified that this motion would have staff sharpen tpeir
pencil on the estimate and have EV1v1WD review the small~rsite for the
J weIrsite. . . ,.. . .
COUNCILMAN HICKMAN SECONDED THE FOREGOING MOTION.
. Councilwoman Kelleyindicated that she was excited to see this move
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AQENDA ITEM NO. J C-
PAGEK OF :2..0
n Page Seventeen - City Council Minutes - April 26, 2005.
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(\
forward. She noted that the original design for the park was over ten years
old and suggested it was time to get it built and settle the issues.
Councilman Buckley showed a diagram and clarified the location at Lincoln
and Terra Cotta. He noted that both properties had been empty for some
time. He suggested that if the District uses the site for a well, it should be
their obligation to fund the park as well. He indicated that he did not care
which parcel they put the well on, but the District should pay for a park.
Mayor Pro Tern Schiffner indicated the problem was that the Water District
didn't have a defmite intention of building for two years, and the City didn't
want to wait that long. He suggested that the City couldn't necessarily wait
for the Water District to get their ducks in a row.
Councilman Buckley reiterated that there were two pieces of property, and
both could have parks, if one was paid for by the Water District. . He
suggested that if the City did one side; the Water District could do the other
side in two years. He reiterated that it was City property, and if they built a
well, they should also build a park.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:03
P.M.
, .
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:05 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
No comments. .
"rt
. "
CITY MANAGER COMMENTS
No Comments.
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AQENOA ITEM NO. j ( -
PAGED-OF 20
Page Eighteen - City Council Minutes - April 26, 2005
()
CITY ATTORNEY COMMENTS
No Comments.
COMMITTEE REPORTS
'3 '
No Reports.
, ~;
CITY TREASURER COMMENTS
No Comments.
. '1
CITY COUNCIL COMMENTS
Councilman Buckley commented on the following:
u
1)' . Noted that the Library was tented for pest control, over the weekend,
but would open for business during regular hours tomorrow.
2) Announced the Women's Club Bar-be-que and Chili Cook-off on
May 21st.
3) Announced the Mayor's.Prayer Breakfast on May 5th.
Councilman Hickman commented on the following:
1) Thanked the John Henry Company for their sale in support of the
Booster Club.
2) Announced the Mayor's Prayer Breakfast on May 5th, noting that the
tickets are $20 each; and encouraged attendance.
3)
Noted the 40th anniversary of the Head Start Program, and indicated
that they would be seeking donations.
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AGENDA ITEM NO. I C.
PAGE \ [{ OF;L. 0
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Page Nineteen - City Council Minutes - April 26, 2005
4) ,Encouraged support of the Senior Citizens fund-raiser, with $1 tickets'
for the art drawing.
Mayor Pro Tern Schiffner commented on the following:
1) Clarified his position on the street lights, noting that while he shares
the enthusiasm to have them up and running, he has been involved in
this type of project before. He noted the potential difficulty and costs
in. making it happen; He expressed his desire to have the lights lit.
. Councilwom~ Kelley had no c;)mments.
Mayor Magee commented on the following:
1)
Announced the following upcoming events:
May 1 - Open Air Market - 9 a.m. to 3 p.m.
May 5 - Mayor's Prayer Breakfast at the Diamond Club
May 7 - Household Hazardous Waste Collection Day
" .' ~
May 14 - Castle Skateboard League event at the Skateboard Park.
2) Reminded the Community to support the Lake Elsinore Storm, noting
that they were currently in first place. He noted that the team would
appreciate the support.
3) Expressed concern for members ofthe Fire Department who were
involved in a traffic collision. He noted that no one was seriously
injured, but wished them a speedy recovery.
4) Requested prayers for the Backer Family, noting a major incident
suffered by Darlene Backer leaving her in grave condition. He wished
the family all of the strength possible.
ADJOURNMENT
AQENDA ITEM NO. -.J c--
PAGEJi OF ::Lb
Page 1\venty - City Council Minutes - April 26, 2005
THEREGULAR CITY COUNCIL MEETING WAS ADJOURNED AT
8:10 P.M.
ROBERTE.MAGEE,MAYOR
CITY OF LAKE ELSINORE
ATTEST:
1"-,
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
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AQENOA ITEM NO.--L
PAGE ~ 0 OF 0.. 0
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MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY; APRIL 19, 2005'
CALL TO ORDER:
Chairman LaPere called the Regular Planning Commission Meeting to order at 6:02 PM. '
PLEDGE OF ALLEGIANCE: '
Donna Franson led the Pledge of Allegiance.
ROLL CALL
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PRESENT: COMMISSIONERS:
LAPERE, GONZALES, LARIMER
ABSENT: COMMISSIONERS:
O'NEAL
Chairman LaPere noted that ViCe Chairman'O'Neal was excused from the meeting as a result of his
injured leg. '
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Also present were: City Manager Brady, Planning Manager Preisendanz, Deputy City Attorney
Miles, Engineering Manager Seumalo, Associate Planner Coury, Associate Planner Miller and Office
Specialist Alexen.
PUBLIC COMMENTS (Non-agendized items)
Donna Franson, 7 Villa Valtelena, informed the Commission that there was a Transportation
Committee Meeting on April 14"', from 6:00 pm to.10:00 pm which addressed ttansportation
problems; and invited the Commissioners to attend a Lake Elsinore Citizens Committee Meeting on
April 21" at 7:00 pm with the GPAC Consultant, (Mooney,Jones & Stokes) hired by the City to do
the General Plan Update. '
CONSENT CALENDAR
1. Minutes
a. Regular Planning Commission Minutes of April 5, 2005;
Agenda Item NO.l..d--.
Page ----1- of I
PAGE 2 - PLANNING COMMISSION MINUTES -April 19,2005
CONSENT CALENDAR CONTINUED
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2. Minor Design Review of a Single Family Residence located at 408 Franklin Street
MOVED BY GONZALES, SECONDED BY LARIMER AND
PASSED BY A VOTE OF 3-0 TO APPROVE THE
CONSENT CALENDAR AS PRESENTED.
PUBLIC HEARING ITEMS
3. Sign Program No. 2005-01 and Variance No. 2005-02
Chairman LaPere opened the Public Hearing at 6:05 p.m.
City Manager Brady provided a brief overview of the proposed project and requested Associate
Planner Coury review the proposed project with the Planning Commission and answer questions.
Associare Planner Coury indicared that due to unforeseen circumstances, the applicant and staff
requested to continue the item to the May 3'" Planning Commission meeting.
MOVED BY LARIMER, SECONDED BY GONBZALES AND
PASSED BY A VOTE OF 3-0 TO CONTINUE ITEM NO.3, SIGN
PROGRAM NO. 2005-01 AND VARIANCE NO. 2005-02 TO THE
PLANNING COMMISSION MEETING ON, MAY 3, 2005.
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There being no further business, Chairman LaPere closed the Public Hearing at 6:06 p.m.
4. Creation of a New M-3 Zoning District
Chairman LaPere opened the Public Hearing at 6:06 pm.
City Manager Brady provided a brief overview of the proposed project and requested Planning
Manager Preisendanz review the projecr with the Planning Commission and answer questions.
Planning Manager Preisendanz indicated that the City was initiating a new chapter in the Municipal
Code titled M-3 Mineral Resources and Related Manufacturing District. He noted that the new
zoning would regulate large scale mining operations. He noted that the proposed code was
emulated after the County of Riverside's Mining Ordinance. He further noted that the intent was to
establish a new section of the Municipal and not to change the zoning of any property. He noted
Deputy City Attorney Miles' involvement in the project.
Chairman LaPere clarified the owner of the property to be affected by the change in designavoy.
Agenda Item No. -1..d...--..- U
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PAGE 3 - PLANNING COMMISSION MINUfES .:. April 19, 2005'
Ken Benson, Castle & Cooke, 17600 Collier Ave. noted that the project w~s ~onsistent with the
annexation intention of Pacific Clay. ' ,
Commissioner Gonzales clarified the intent of the' zon~ 'change and the location of the affected area.
He further clarified as to the distance between the affected area and any homes.
Deputy City Attorney Miles indicated that the reason the item was brought before the Planning
Commission; is the requirement of a legislative action by the Commission to enact a new zone. He':
noted that the property within the ne~ zone did not have any applications pending. He further
noted the potential for parcels to be annexed into the city in the future.
Commissioner Larimer stated that she had no questions.
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Chairman LaPere noted his support for the zone change. He further noted Commissio~ei: O'Neal's
support for the zone change.
There being no further business, Chairman LaPere closed the Public Hearing ~t 6:12 pm.
MOVED BY GONZALES, SECONDED BY LARIMER AND
'PASSED BY A VOTE OF 3-0 TO APPROVE RESOLUTION
NO. 2005-46, A RESOLUTION OF THE PLANNING.
COMMISSION ,OF THE CITY OF LAKE ELSINORE,
CALIFORNIA RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE THE
COMMENCEMENT OF PROCEDINGS Te AMEND THE
CITY'S ZONING CODE TO INCLUDE "M-3" ZONING
DISTRICT. "
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BUSINESS ITEMS
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5. Residential Design Revi~No. 2005-03 located within Vesting Tract Map No. 28214-
2 (Alberhill Ranch) .
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City Manager Brady provided a brief overview of the proposed project and requested that Associate
Planner Coury review the itept with th~ Commission and answer. questions.
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Associate Planner Coury provided an overview ofthe, project location, lot sizes, the model home
complex and landscaping. ' , , '
Agenda Item No. J d
Page ~ of I
PAGE 4 - PLANNING CO~ISS~ON MINUTES - April 19, 2005
Ken Benson, Casde & Cooke, 17600 Collier Ave., Ste. C120, Lake Elsinore, noted the additional
enhancements and architectural features. He stated that he read and understood the staff report and
conditions of approval.
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Commissioner Larimer noted her approval of the details and enhanced architecture of the project.
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Commissioner Gonzales clarified the nearest school site and' parks in the project.
KenBensonindicated that there was an elementary school and a sports p~k in the Master Pla~. ,He
further noted that there wo~d be additional parks and r~creatiop facilitie~ with the Home Owners
Association. . .
There was brief discussion regarding the Nichols Road stre.et improvements.
Chairman LaPere noted that he was pleased to see the added architectural enhancements to the
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homes: He noted his appreciation of the developer's efforts to' continuing with the phases in the
development. . .
Ken Benson invited ComhUssioner' Gonzal~~ to his office to vi~w the Alberhill Ranch Specific Plan.
Evelyn Tomlin,-3628 Ash St., addressed erosion,and~l~fied as to who was responsible any future
erosion in the proposed development.
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Engineeting Manager Seumalo stated that the City had worked with the applicant to provide erosion
control. He referenced slopes adjacent to Lake St. and noted the materials used to stabilize the
slopes. ,
Deputy City Attorney Miles indicated that construction liabilities were between the home owner and
developer. He noted that there were Federal programs available in the event of a natural disaster,
however homeowners insurance or litigation would be the alternative. .
MOVED BY GONZALES, SECONDED BY LARIMER AND . .
PASSED BY A VOTE OF 3-0 TO ADOPT RESOLUTION
NO. 2005-47, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING RESIDENTIAL PROJECT
" NO. 2005-03 WHICH ENTAILS DESIGN REVIEW OF' A
FOUR-PLAN . MODEL HOME COMPLEX AND
PRODUCTION UNITS WHICH WILL BE CONSTRUCTED
THROUGHOUT' 104SINGLE-FAMILy"RESIDENTIAL
LOTS WITHIN TRACT MAP NO. 28214-2
Chairman LaPere thanked the developer for installing signs at the project location which provided a
contact number for residents who are negatively affected by dust resulting from construction.
Agenda Item No, J d
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PAGE 5 - PLANNING COMMISSION MINUiES - April 19, 2005
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6.
Residential Design Review No: 2004~25. Design Review for "Bri<lgegate" located
within the Canyon Hills Specific Plan
. . ...
City Manager Brady provided ~ brief overview of the proposed project and requested Associate
Planner Conty review the item with the Commissiop and answer questions.
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Associate Planner Conty proVided an overview of the project location, lot sizes and building designs.
He noted that Bridgegate was located in the Canyon Hills vicinity and was a gated community. He
further noted that, as an additional enhancement, the develope~ agreed to provide scored driveways
as a standard feature. .' .. . .
Ron Ntigroho, Pardee Homes, 6335 Capricorn Ave. AgollJ:a Hills, stated th~t he was pleased to
work with Kirt Conty. He agreed with thesraff report and Conditions of Approval as presented.
He noted the additional enhancements and the location of the lots which would be affected.
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Commissioner Gonzales clarified whether the entire development would be completely fenced; a
separate Home Owners Association; and the selling prices.
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ROll Nugroho confirmed'that the community would.becompletely gated, have it's own HOA and
the ~elling price would b~ in the mid $500,900's.' '
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Commissioner Larimer requesteddarifi~atio~'~s to rpe ~eaning of scoreddrive';'ays. .
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Associate Planner Conty clarified that scoring the driveway referred to the pattern cut into the
concrete to make different geometric designs.
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Commissioner Larimer stated that the Master Plari for P;"'dee homes was beau,tiful, howeve~ the' .
previous projects for Pardee had more ehhancements'than this project. "., . ',' . ,
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Chairman LaPere stated his support for the "project, and rioted that additional enhancements were
always encotiraged and welc6med:' " ,"".,'. , .,
Ron Nugroho concurred and further noted additional enhancements to the project were now
standard features.
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MOVED BY GONZALES, SECONDED BY LARIMER AND
PASSED BY A VOTE OF 3-0 TO ADOPT RESOLUTION
NO. 2005-48, A 'RESOLUTION OF THE PLANNING
COMMISSION OF THE" CITY OF' LAKE ELSINORE,
CALIFORNIA, APPROVING RESIDENTIAL DESIGN
REVIEW NO. 2004-25 WHICH ENTAILS DESIGN REVIEW
OFA FOUR-PLAN MODEL HOME COMPLEX AND
PRODUCTION UNITS WHICH WILL BE CONSTRUCTED
THROUGHOUT 147 SINGLE-FAMILY RESIDENTIAL
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Agenda Item No.
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PAGE 6 - PLANNING COMMISSION MINUTES -April 19, 2005
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LOTS WITHIN TRACT MAP NQ. 31706
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INFORMATIONAL / PLANNING COMMISSIONER <':OMMENTS
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1. Surnmw;y of League of California Cities Planners Institute Conference in Pasadena.
April 13" - 15" attended by Commissioner's Gonzales and Larimer.
Commissioner La~er provided an overview of the Conference she attended with Commissioner
Gonzales. She noted' that she learned a lot about the roles and responsibilities of a Planning
Commissioner. She described the sessions she attended and stated that she had a better
understanding and sensitivity for what the developers ,go through to bring forward a project. She
further emphasized the lack of understanding between staff, the public, and the Commission. She
noted that she would try to be clear about what, she wants, in order to help ensure b~tter
understandllg: She further encouraged audience 'patticip~tion and communication at the Planning
Commission Meeting. ,.
Commissioner Gonzales thanked Office Speciilist' Aiexen for her efforts in scheduling and
arranging for his attendance at the Conference., He ,prm;ided an overview of the role of a Planning
Commissioner in a community 'and how to deteimine what is best for the City. He noted a
Resolution from the City of Santa Rosa which arranged for an ann~al meeting betw~en City
Commissions, Committees and Councils in order to address goals for the City. He further noted the
c~anges that take place in a rapidly growing City and the need to deteimine the direction the City is U
gomg. ,
Chairman LaPere noted that Commissioners were charged with a ,great responsibility for the growth
and deyelopment in the City, in which they rely on staff tCl do tl;te research necessary to ensure that
the Coinmissioners can make an 'educated' deci~ion on the p~oj.,cts presented foe approval. He,
further noted that the changes in a community ill the course of 15 years are enormous, and that the'
General Plan Update in process would addres~,those growth and develoPl?<;nt issues. I:Ie noted the
importance of education in the development process and stressed the importance of taking the time
to attend conferences to learn the various processes involved in City development.
STAFF COMMENTS
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Ci1;y Manager Brady commented on the following:
. Noted that the Budget Study Session was scheduled for Thursday, April 21 ".
. Noted that the EDC Luncheon was scheduled for Thursday, April 21" at 11:30.
Depu1;y Ci1;y Attorney Miles commented on the following:
Noted that he would be absent on the next Planning Commission Meeting on May 3"'.
AgendaItemNO'~
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PAGE 7 - PLANNING COMMISSION MINUTES - April 19, 2005
Chairman LaPere commented on the following:
· Thanked the residents for attending the meeting.
ADJOURNMENT
THERE BEING NO FURTHER BUSINESS, CHAIRMAN LAPERE ADJOURNED
THE MEETING AT 6:52 PM ON APRIL 19, 2005.
Ron LaPere, Chairman
Respectfully Submitted,
Usa C. Alexen
Office Specialist III
ATTEST:
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Robert A. Brady, City Manager
Agendaltem No. J d
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APRIL 28. 2005
. CITY OF LAKE ELSINORE
WARRANT
SUMMAR Y
FUND#
FUND DESCRIPTION
TOTAL
GENERAL FUND--- --~-----$-552.935:-3T.
LLE.8.G. PROGRAM FUND____ ________.___~~73.07 ..
MISCELLANEOUS GENERAL PROJECT FUND 26,017.68
STATE GAS TAX FUND ._________ 1,451.95
LIGHTING / LANDSCAPE MAINTENANCE FUND _7,719.33 .
LIGHTING / LANDSCAPE MAINTENANCE NO.1 FUND ______ 1,501.90
TRAFFIC IMPACT FEE FUND ___________ 40,810.64
C.F.D. 91-2 DEBT SERVICE FUND 675.00 .
C.F.D. 90-3 DEBT SERVICE FUND 675.00
--- - ---------------.---..-------
C.F.D. 95-1 (199B-E) DEBT SERVICE FUND .______________450.00.
C.F.D. 88-3 1l1(A)/97 SERIES A DEBT SERVICE FUND ___._____._ 675.00 ,
C.F.D. 2005-3 SUMMERL Y/LAING DEBT SERVICE FUND 5,000.00
C.F.D. 2004.3 ROSETTA CANYON DEBT SERVICE FUNQ_________~_____4,OOO.00
MOBILE SOURCE AIR POLLUTION FUND .. 817.50
TRUST DEPOSITS & PRE-PAID EXPENSE FUND 500.00 .
------_.~-------
COST RECOVERY SYSTEM_______________~,345,40
C.F.D. 2003-1 LAW & FIRE SERVICE FUND 1,976,45
$ . 663,024.23
GRAND TOTAL
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5/212005 WARRANT 042805
AQENOA ~TEM NO. ct
PAGEL OF.....=L-
APRIL 28, 2005
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK#
81452 CAROLE K. DONAHOE AICP
~-_.-._-~--------- ----.
81481 ~~OJ[):L~!\ROLE K. DONAHOE, AICP)
81559 AL TURA CREDIT UNION
~---~---
81560 I.C.M.A. RETIREMENT TRUST
81561 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
81562 MFG PLASTICS, INC.
81563 RIVERSIDE COUNTY FIRE DEPARTMENT
81564 I.C.M.A. RETIREMENT TRUST
------_._---~_. ------------
81565 CALIFORNIA P.E.R.S.
- ----.-- --....---
81568 A & A JANITORIAL SERVICE
~---_._---- ------"-
81569_~~TION PARK ALLIANCE, INC.
81570 ALL PHASE REFRIGERATION & AIR. CONDITIONING, INC.
81571. ALLIED TRAFFIC EQUIPMENT
81572 ALOHA LEISURE CO.
81573 ARTISAN GOLDSMITHS & AWARDS
81574 AW DIRECT, INC.
81575 BIO-TOX LABORATORIES
-- -
81576 CYNTHIA BLOOD-WILSON
--------- ------
81577 BOATS PLUS.
~-_._- -----.
81578 CALIFORNIA SCHOOL-AGE CONSORTIUM
81579 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
81580 . CENT~_HOMES, SOUTHERN CALlFO~NIA DIVISION
81581 CGI MARKETING SERVICES
81582 CITICORf'~EN[)OR FINANCE, INC.
81583 KIRT A. COURY
--------- ------
81584 ~RAF~O,-'I'JC, ______
81585' CREATIVE CANVAS AWNINGS
81586 CUTTING EDGE STAFFING, INC.
81587 D & SELECTRIC
81588 D.M.V.
81589 [)ANIELS J:I~~~~RVICE, INC.______.__
81590 DANKA OFFICE IMAGING
--._------.---- --."-.
81591 DA"'-~E~BQSENBIL T & L1TVAK,_~:L.~c.._
81592 DELL MARKETING L.P.
-----.----. --------
81593 MARK DENNIS
81594-81595 DO IT CENTER
--~~------_._--_.
81596 DON W. SARVER PAINTING
81597 CAROLE K. DONAHOE, AICP
81598 DO~..N~_COMMERCIAL FYELlJ'l<3~_'-NS.,-___~__
81599-81602 E. V. M. W. D.
81603 EBERHARD EQUIPMENT~-------------
81604 ELITE ELEVATOR, INC.
81605 ELSINORE ELECTRICAL SUPPLY, INC.
81606 ELSINORE VALLEY RENTALS
...-----
81607 EXCEL LANDSCAPE, INC. __._
81608 EXECUTIVE EVENT SERVICE~,=,=C.
81609 FAIR PRICE CARPETS
81610 FASTSIGNS, LTD.
81611 FEDERAL EXPRESS CORPORATION
81612 FILARSKY & WATT, L.L.P.
81613 FIRST AMERICAN REAL ESTATE SOLUTIONS
-------.---- -----.-"
81614 ___ GALL:S, INC. _________
81615 JUAN GENIS
AMOUNT U
2,358.70
(3,611,88)
______.1,175.00
4,209.56
60.00
_________..!l,345.00
860.00
40.00
27,852.17
1,747:50
4,166.00
803.50
256.46
323.22
5.39
105.94
793.93
148.00
1,521.88
80.00
385.00
109.00
566.25
770.41
6,021.02
2,927.37 U
1,980.08
502.20
2,400.00
152.00
2,086.78
196.09
176.00
4,678.15
332.85
823.51
200.00
1,866.98
5,858.76
11,609.28
279.39
312.00
178.33
764.99
6,854.80
4,698.00
255.00
720.86
107.94
5,940.00
126.25
230.46 U
300.00
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VENDOR NAME
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AQENDA ITEM NO. ;]...
PAGE ;l OF-=L-
51212005 WARRANT 042805
APRIL 28. 20Q5
. .
'CITY OF LAKE ELSINORE
W ARRANT LIST
AMOUNT
__''.____ 250.00 .
500.00 .
2.185.25 .
436.16
1,161.00
33.67'.
12,921.00 ,
254.87
28,161.00 '
1,085.00
201.60
11,950.24 .
3.080.00 .
277.90
680.00
2,560.10'
811.44
26,017.68
198.75
.._13.672.00
1.570.60 .
4,850.00
380.46
.13.47
300.00'
4.893.75
47.28.
37.76
4.009.60
19,396.03
2.500.00
3.212.99
865.00.
4.905.00
4,500.00
3.251.42
1,442.06
853.48
4,900.00
898.58
262.92
3,657.76
534.17
889.05
90.86
1.345.47
2.712.50
----~-
8,780.99
7.617.60
1,930.00
66.00
3,550.08
400.00
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CHECK#
81616
81617 .
81618
81619
81620
--
81621 THE GRAPHICS COMPANY
81622-81624 GREENSCAPE LANDSCAPE, INC.
81625 ARLINE GULBRANSEN
_.._~------- ------
81626 HARRIS & ASSOCIATES, IN(;,__
81627 HARTZOG & CRABILL,...!NC.
81628 __,,_ HAULAWAY STORAGE CONTAINERS. INC.
81629 ' HDR ENGINEERING. INC.
81630 HI-WAY SAFETY. INC.
81631' INLAND EMPIRE LOCK & KEY
81632 INTERSTATE SWEEPING SERVICES
81633 JEFF HAUSER MOBILE WELDING
81~----- JOBS AVAILABLE. INC.
81635 JONES & STOKES
81636 STEVE KARVELOT
81637 KOBATA & ASSOC., INC. ..
81638 LA SIERRA FIRE EQUIPMENT
81639 LAKE AIR COMPANY
81640 ' LAKE CHEVROLET
--.-
81641. LAKE ELSINORE MATERIALS
---
81642 LAKE ELSINORE MPB, INC.
81643' LEHMAN BROTHERS. INC.
81644 . L1NKLlNE COMMUNICATIONS. INC.
81645 LOWE'S HOME CENTERS. INC.
81646 CHARLES MACKEY JR.
81647 . MBC CONSTRUCTORS, LTD.
81648 LINDA M. MILLER
----.----
81649 MORROW PLUMBING, INC.
81650 , MUNI FINANCIAL
81651 --"--NELSON PAVING, INC. ~---
81652 NETCOMP TECHNOLOGIES..INC.
81653. NEW HOLLAND CREDIT. L.L.C.
81654' NEXTEL COMMUNICATIONS
81655 NORTH COUNTY TIMES
81656 OMNIS
--------~~
81657 PHD PENSKE LEASING
---
81658 PITNEY BOWES. INC.
81659 ,. THE PRESS ENTERPRISE _
81660-81662 PRUDENTIAL OVERALL SUPPLY
--
81663 QUILL CORPORATION
81664 RANCHO REPROGRAPHICS, INC.
81665 REBEL RENTS. INC.
81666 JENIFER E. REINER
81667 RIVCOMM, L.L.C.
81668 RIVERSIDE COUNTY SHERIFF
81669 COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER
81670 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR. GARY L. ORSO
81671 COUNTY OF RIVERSIDE, BOB DOYLE. LAKE ELSINORE SHERIFF STATION
81672 ANTHONY ROMERO
YENDOR.NAI'0E
JUAN GENIS
GEOGRAPHICS
---.----
GOLDEN OFFICE TRAILERS, I/~_<;"__
GOLF VENTURES WEST
GORAN, DARCY
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AQENDA ITEM NO. a
PAGE--3..- OF ~
5/212005 WARRANT 042805
APRIL 28, 20Q5
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK#
81673 JESUS ROQUE
81674 BRIAN SCOFIELD
81675 SCOTT FAZEKAS & ASSOCIATES, INC.
81676 ----SERViCE ONE SERVICE, INC.
~-
81677 _ SIERRA PACIFIC ELECTRICAL
81678 TRACI SIGWALT
81679 SIMPLOT PARTNERS
----
81680 SIMS PEST AND DISEASE
~-_._--~------
81681 SOUTHERN CALIFORNIA EDISON CO.
81682-81686 SOUTHERN CALIFORNIA EDISON CO.
-~-_.__._---
81687 SPRINT
81688 STAPLES CREDIT PLAN
81689 STAUFFER'S LAWN EQUIPMENT
81690 BOB STOVER, INC.
81691 T & T TOOLS, INC.
81692 TEAM AUTOAID, INC.
81693 TEMECULA COPIERS
81694 TEXTRON FINANCIAL CORPORATION
81695----TURFSTAR,INC.
81696 UNION BANK OF CALIFORNIA
81697 UNITED PARCEL SERVICE
---
81698 VALLEY CENTER AUTO PARTS NAPA
81699 WAL-MART COMMUNITY
81700 _ WAXIE SANITARY SUPPLY
81701 WEST COAST ARBORISTS, INC.
81702 WEST COAST WINDOW CLEANING
81703 . WESTERN FARM SERVICE, INC.
81704 WESTERN HIGHWAY PRODUCTS, INC.
81705 WILCOX, MILLER & NELSON
81706 WILLDAN
81707 Z-BEST PAINT
81708 ZEE MEDICAL,j~-----
81709 - ZEP MANUFACTURING COMPANY
817~_ 24 HOUR FIRE PROTECTION, INC.
VENDOR NAME
----_._'-_._-_._~_.._-------------
-----,-_._-~
._-----,.,_...._---------_._-~..,_..._--,--
AMOUNT
600.00
1,330.00
58,120.12
26,365.00
39,813.52
45.00
506.43
270.00
1,451.95
19,719.50
174.87
331.68
351.87
4,618.24
70.00
383.71
656.95
987.13
537.54
33,151.03
184.99
446.67
516.70
3,403.93
631.50
450.00
1,042.07
2,066.10
4,166.00
3,264.00
80.81
376.64
162.55
357.98
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TOTAL
$ 521,387.14
PIE DATE:
PIE 04/15/05 PAYROLL TAXES
PIE 04/15/05 PAYROLL CASH
---------------- ---
42,446.86
99,190.23
GRAND TOTAL
$ 663,024.23
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512/2005 WARRANT 042605
AGENDA ITEM NO. d-.
PAGElOF Y
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CITY OF LAKE ELSINORE
MONTHLY REPORT OF INVESTMENTS
MARCH 2005
INTEREST
RATE
DATE MATURITY
PURCHASED RATE
AMOUNT
LOCAL AGENCY INVESTMENT FUND
2.542%
DAILY
24-HOUR
$22,733,234.68
=========================------======================================--===--============================
INVESTMENT TOTAL $ 22,733,234.68
===============--============--=========-===--================--=====---=
AVERAGE ANNUAL RATE........... 1.882%
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 22, 2004. A copy of this policy is available
in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow
liquidity to meet the next six months estimated expenditures.
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Date
A8ENDA ITEM NO. ":\
" PAGE ...J.... OF...-L-
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
. MAYOR & CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
May 10,2005
SUBJECT:
Claim Against the City
BACKGROUND
Claims filed against the City of Lake Elsinore are reviewed ani handled by
Carl Warren & Company, Claims Administrators. When received, each claim
is logged in the City Clerk's Office and forwarded to this company for
investigation. After initial review and investigation, direction is issued to the
City to take one of.several actions such as rejection, notification of late claim .
. or reservation of action until further information is obtained.
The following claim has been recommended for rejection by Carl Warren &
Company:
. .
CL#20OS-15 - Wayne Romanski, Sr. & Sherrie Lynn Romanski
,
FISCAL IMPACT
None.
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RECOMMENDATION
Reject the Claim listed above and direct the City Clerk to send letter
informing the cla:rt<> of this decision.
PREPAREDBY:~~ W
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
APPROVED FOR
AGENDA LISTING:
R
AQENDA ITEM NO. L/
'PAGE \ OF Y
f9j1
April 26, 2005
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o 1::= ,',' =:,
AP,\ ,) ',~ 2005 0
CITY C~[RKS OFFICE
TO: The City of Lake Elsinore
,
ATTENTION: Vicki Kasad, CMC, City Clerk
RE:
Claim
Romanski, Sr.; Sherrie Lynn Romanski vs. The City of
Lake Elsinore
Wayne Romanski, Sr.; Sherrie Lynn Romanski
10/29/2004
4/18/2005
S-296448-RQ
Claimant .
D/Event
Rec'd Y /Office -:
Our File . .
We have recei~ed and revie~ed the above claim' and request that you take the action indicated below:
. .
CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. If you have any questions please
contact the undersigned.
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,
Very truly yours,
CARL WARREN & CaMP ANY
cc: CJPIA w/enc.
Attn.: Executive Director
CARL W ARREN& CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 The City Drive. 5te 400 . Orange, CA 92868
Mail: P.G.Box25180-SantaAna.Ca 92799-5180
Phone: (714) 740-7999 Ext. 140 . (800) 572~6900 . Fa..'c (714) 740-9412
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AGENDA ITEM NO. lj
PAGE;;;l. OF~
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CL1r.2ooS_ If;'
CLAIMS AGAINST GOVERNMENTAL ENTITY
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(Government Code Section 910)
TO:
City Clerk's Office
City of Lake Elsinore
< 130 S. Main Street.
Lak~ Elsinore, CA92530
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CITY CLERKS OFFICE)v
, .
1. NAME AND POST OFFICE ADDRESS OF CLAIMANTS:
. . Wayne Romanski, Sr.
Sherrie Lynn Romanski
15077 Danielle Way
. Lake Elsinore, CA 92530 .
2. POST OFFICE ADDRESS TO WmCH THE PERSON
REPRESENTING THE CLAIMANTS DESIRE NOTICE TO
BE SENT: .
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Biren / Katzman
Attn: Matthew B.F. Biren, Esq.
11911 San Vicente Boulevard
Suite 140
Brentwood, CA 90049
,
3. DATE, PLACE AND OTHER CIRCUMSTANCES OF THE
OCCURRENCE OR TRANSACTION WHICH GAVE RISE
TO THE CLAIMS ASSERTED:
DAT)j; OF INCIDENT: October 29, 2004
LOCATION OF INCIDENT: Lake Street, approximately 4/10
.mile north of Mountain Street, Lake Elsinore, CA
DESCRIPTION OF INCIDENT: Decedent Wayne Romanski, Jr.
was a passenger in a 1994 Acura driven by Samuel Seeley
proceeding northbound on Lake Street. The roadway and adjacent
roadway shoulder were in a dangerous condition causing the vehicle
to overturn, killing decedent Wayne Romanski, Jr. Respondent is
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MBFB:dsn:41200f>-2090
F05822
1
AGENOA ITEM NO. \.
PAGE 3 OF
also liable to Claimants for negligence and breach of mandatory
duty.
Claimants have not been able to complete their investigation into the
factors causing or contributing to the cause of the incident. The
above facts reflect the results of Claimant~' investigation to dl\te. It
is entirely possible, and it is hereby claimed, that other factors may
have also caused or contributed to the cause of Claimants' damages.
Claimants are continuing their investigation in an effort to determine
all wrongful acts/omissions. .
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.. (a) GENERAL DESCRIPTION OF THE LOSSES INCURRED SO FAR
AS IT MAY BE KNOWN AT THE TIME OF THE PRESENTATION
OF THE CLAIM:
Claimants' damages for wrongful death of their son include loss of the
care, comfort, support and society of decedent and funeral and burial
expenses.
(b) THE NAME OR NAMES OF THE PUBLIC EMPLOYEE OR
EMPLOYEES CAUSING INJURY, DAMAGE OR LOSS, IF
KNOWN:
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Unknown.
(c) WHETHER CLAIM IS A LIMITED CIVIL CASE:
The claims are not limited civil cases.
Dated; April 13, 2005
MATTHEW B.F. BIREN
MBFB:dsn:41200S-2090
F05822
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AQENDA ITEM NO.~
PAGE~OF LJ
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL '
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MAY 10,2005
','. t.
SUBJECT:
LED TRAFFIC SIGNAL MODULES
, ,
BACKGROUND
The City owns and maintains twenty (20) traffic signals within the City limits of Lake
Elsinore. Five (5) of the twenjy (20) traffic signals are equipped with light emitting
, '
diodes (LED). Staff wishes to convert the fifteen (IS) traffic signals that are currently
using incandescent bulbs to LED~,
(\ DISCUSSION
(I
The LED light bulbs have proven to be energy efficient. It is estimated that the energy
savings of switching from incandescent bulbs to long~r lasting/energy saving light
emitting diodes (LED) would be approximately $16,000 annually.
In addition to the energy savings, LED lights are of a nature that allows the use of
battery power back-up during power outages. In the event of a power outage, the
signalized intersection would continue to operate normally providing continued
servIce.
FISCAL IMPACT
Staff solicited for proposals and received the following bids:
$43,133 - Western Pacific Signal
$45,468 - Jam Services
Funds have already been budgeted for this purchase.
ACENDA ITEM \'Iv. ~
PAot:-L--OF~,
REPORT TO CITY COUNCIL
MAY 10, 2005
PAGE#2
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RECOMMENDATION
It is staff's recommendation that City Council authorize staff to award a contract to
Western Pacific Signal for the purchase of LED traffic modules for installation on
fifuen (15) traflk ,;gmd, "a 00" of $4~ .
PREPARED BY: ~~
....MVIDW. SAPP, DI R OF COMMUNITY SERVICES
APPROVED FOR
AGENDA BY:
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ACENDA ITEM NO. S
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CITY OF LAKE ELSINORE
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SPECIFICATIONS FOR THE 'PURCHASE OF
LED TRAFFIC SIGNAL' MoDULES
FY 2004/2005
, ,
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BID OPENING: APRIL 14, 2005, ,1:30 PM
.'
CONTACT:
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Bill Payne
City of LakeE1'sinore
130 S. Main Street
Lake Elsinore, CA 92530
FAX 951-471-1251
Office 951-674-5170
E-MAIL bpayne@lake-e1sinore,.,org'
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AtiENDA ITEM NO.
PAOE .~
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OF -..a.+-
NOTICE INVITING BIDS
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the
City of Lake Elsinore for the purchase of light emitting diode (LED)
traffic signal modules. This project is referred to as:
LED TRAFFIC SIGNAL MODULES
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Bids will be publicly opened, examined, and declared in the City Hall
Conference Room, 130 South Main Street', Lake Elsinore, California at
the hour of APRIL 14, 2005 AT 1:30.PM. .
Each bid shall be made on .the proposal form furnished in the
Specifications and enclosed in an eri'velope supplied by the bidder,
bearing the title of the work and the name ,.and address of the bidder.
It is the sole responsibility of the bidder to ensure that the bid is
received in proper time in the City Clerk's office at the address and
time hereinabove set forth. Any bid received after the. scheduled
closing time for receipt of bids may be returned to the bidder
unopened.
,
The LED modules are to be bid in accordance with the Specifications
on file in the office of the City Clerk and said Specifications may be
examined at the City of Lake Elsinore City Hall, 130 S. Main Street,
Lake Elsinore, California.
The specifications document may
Hall Cashier's Window located
Elsinore.
be obtained at the Lake Elsinore City
at 130 South Main Street in Lake
All bids must be made in accordance with . and as directed in the
Specifications, and all bidders shall comply with State, Federal and
local laws applicable thereto.
The City Council reserves. the right to reject: any or all. bids, to
waive any irregularities in a bid and to award the. Contract as may
best serve the interests of the City. All. proposals are binding for a
period of (30) days after they are opened and may be retained by the
City for examination and comparison. For technical information
relating to the details of the Specifications and/or bidding
requirements, please contact Bill Payne in the Public Works Department
of the City of Lake Elsinore.
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By Order of the City Council of
Date: 3/\'-\/os
California.
Vicki Lynne Kasad
City Clerk of the City of
Lake Elsinore
C:\Doruments and Seltings\bpayne.LAKE-ElSINORE\My Dorumenls\ Office Admin\Streets\ Traffic Signals\LED and BAITERY
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ACiENSA ITEM NO. S
.PAOE-L-OF~
INSTRUCTIONS TO BIDDERS
BIDDERS KNOWLEDGE.
Bidders must satisfy themselves by personal examination of the
I"""Specifications. No bidder' shall, '. at any time' after submission of a
\ proposal, maKe 'any claim or assertio'n that there" was any
misunderstanding or lack of information regarding the specifications.'
Any errors, omissions, or discrepancies found in the Specifications,
or other Contract documents shall be called to the attention :of the
City Public Works Manager and' clarifi'ed prior to. the submission of
proposal~. '
If any person contemplating submitting a bid, is in' doubt as' to the
true meaning of any part of the Specifications,' or other' Contract.
documents, he may submit to the Public Works Manager a written request
for the interpretation thereof, and the person submi tting.the request
will be responsible for its prompt delivery'. 'Any. interpretation of
the Contract documents will be made only by addendum duly 'issued and a
copy of such addendum 'will be mailed or delivered to . each person
receiving'a set of such documents.
, ,
PROPOSAL FORMS
Bids shall be submitted' in writing on the proposal forms provided by
the City of Lake Elsinore. All information requested therein must: be
clearly and leg~bly set forth in the manner and form indicated.
SUBMISSION OF 'BIDS "
The envelope enclosing the proposal shall be sealed and addressed to
the City Clerk, City of Lake' Elsinore, 130 South Main Street; Lake'
Elsinore, California 92530. The envelope shall be plainly marked iri"
(the upper left-hand corner with the name and address of the bidder and
Dear the words, "PROPOSAL FOR", followed by the name of the project
being bid and the date and hour of bid opening.
Proposals may bemailedordeliveredbymessen~er;however.itis the
bidder's responsibility alone to ensure deli very of the proposal to
the City's designated official prior to the time stipulated for bid
opening in the Notice Inviting Bids. Late proposals will not be
considered.
IRREGULAR PROPOSALS
Unauthorized conditions, limitations
proposal will render it irregular and
or provisions attached to a
may be cause for its rejection.
Al ternate proposals may not
requested.
be
considered
unless
specifically
Proposals may be rejected by the City for the following reasons:
(a) If the proposal form furnished is not used or is altered.
(b) If there are unauthorized additions, conditional or alternate
bids or irregularities of any kind.
(c) If the proposal is not properly signed by the bidder.
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BACKUP\Signal LED Bid Package.doc
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ACENDA ITEM I~()._~~___
PAOI! , t) Of -.&(_
WITHDRAWAL OF PROPOSALS .'.
A proposal may be withdrawn by a written request signed by the bidder.
Such requests shall be delivered to the City's designated official
prior to the bid opening ho~r stipulated in the Notice. Inviting Bids.
The withdrawal of a proposal will not prejudice the., right of the
bidder to submit a new proposal, providing .there is .time to do so
prior to bid opening.
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RELIEF .OF BIDDER
If the bidder claims a mistake was, made in his. propo.sal, the bidder
shall give the City written notice within five (5) days after the. date
for submittal of proposals of the alleged mistake, specifying in the
notice' in . detail how the mistake occurred. Relief will be granted
only~or cierical e~rors and at city's discretion.
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AWARD OF, CONTRACT
The Award of C9ntract, if made, will be to the lowest responsive,
responsible' bidder whose proposal. complies wlth. the requirements of
the specifications. Within thirty (30) dC\ys after the bid s~bmittal
date, the City will act either to accept a bid proposal or to reject
all proposals. The acceptance of a bid proposal 'will be evidenced by
a Notice of Award of Contract in writing, delivered to the bidder
whose proposal is accepted. No. .other act of the City shall
necessarily constitute ac<;:eptance of a ."bid proposal. Ci ty. reseryes
the right to reject any or all proposals, to waive any irregularity,
and to take the bids under advisement for a period of 30 days, all as
may be required to provide for the best interests of the City,
No contract. shall' be binding upon the City until the same has been
approved by the Board.
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C:\Documenl5 and Seltings\bpayne.LAKE-El5INORE\My Documenl5\Office Admin\Streel5\ Traffic Signals\LED and BATTERY. .
BACKUP\Signal LED Bid Package.doc . ' ,'q . .' .. .
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ACI;:NDA ITEM NO.
PAOE te
S
OF-&.L
TO ACCOMPANY BID SUBMITTAL
LED TRAFFIC SIGNAL MbDULES
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PROPOSAL
Name of Bidder
Address of Bidder
To: City of Lake Elsinore, California
The undersigned bidder,' in accordance. with the City's Notice' Inviting
Bids, hereby proposes to furnish, LED traffic signal modules, and
incidentals required for the above-'stated project as' set forth in the
Specifications, in the manner and time'prescribed therein. "
The undersigned, bidder certifies that' this proposal
faith, without collusion or connection with any
persons bidding on the work.
The 'undersigned bidder understands that the Gity Council reserves the
right to accept or reject any or all proposals or to waive formality
or technicality in any proposal in the interest of the City.
is made' in', good
other person or
Name of'Vendor
Signature of Bidder
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Print Name
Title
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C:\Documenls and Settings\bpayne.LAKE-ElSINORE\My Documenls\Office Admin\Slreels\ Traffic Signals\LED and BATTERY
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AC~NDA ITEM NO.
PAO! 7
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Of~.
TO ACCOMPANY BID SUBMITTAL
LED TRAFFIC SIGNAL MODULES
BID SCHEDULE
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ITEM DESCRIPTION QUANTITY EACH UNIT COST . TOTAL COST
1 12 INCH RED BALL 104
2 12 INCH YELLOW BALL 111
3 12 INCH GREEN BALL 101
4 12 INCH RED ARROW 53
5 12 INCH YELLOW ARROW, 53
6 12 INCH GREEN ARROW 58 ., .
7 B INCH RED BALL . 25
8 B INCH YELLOW BALL 25 . .
9 B INCH GREEN BALL 25
10 PROGRAMABLE 12 INCH RED 6
11 PROGRAMABLE 12 INCH YELLOW 6
12 PROGRAMABLE 12 INCH GREEN 6
13 PROGRAMABLE 12 INCH RED ARROW 3
14 PROGRAMABLE 12 INCH YELLOW ARROW 3
15 PROGRAMABLE 12 INCH GREEN'ARROW 3
16 UPRAISED PED HAND 82
TOTAL COST
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TOTAL COST IN WORDS
Note: Purchase price shall be the "out the doo~" price with all tax,
and other fees and costs included. Also, quantities shown should be
accurate; however any change in quantities will be adiusted on a per
unit cost basis as shown above.
The Undersigned has checked carefully all of the above figures and
understands that the City will not be responsible for any error or
omissions on the part of the Undersigned in making up this bid.
Name of Vendor
Signature of Bidder
Print Bidder Name Here
Title
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ACENDA ITEM NO.
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Specifications
LED TRAFFIC SIGNAL MODULES
. Fuse and transient suppressor incorporated for line and load
protection
. Power factor minimum of 0.9
. Total harmonic distortion <20%
. Meets FCC Title 47, Subpart B, Section 15 regulations for
electrical noise
. Conforms to NEMA moisture resistant STD.250-1991 fdr Type 4
enclosures (ITE 6.4.6.2 moisture resistance)
. Operating Voltage Range:
12VDC = 9VDC to 15VDC
120VAC = 8DVAC to 135VAC
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ACENDA ITEM NO.S___
PAO!~OF-&~_..
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BID FROM
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WESTERN PACIFIC SIGNAL
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ACENDA ITEM NO. S
PAOE-L12-OF.cl.L.-
84/85/2665 14:26
9094711251
PUR.IcwrnI<S
Pr.GE 86/88
TO ACCClfPANI BID SUBHITTlU.
LED ntAlTIC SIGNAL NODm&S
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PROPOS}\!:
Name of Bidder 'liEN f/FJUe~ '(lN571i"~PIK;f:fc'S(6,u~LLC)
Address of Bidder /793 E. 1~1Jt .sneeâĴTi SAN UI1N(JRJJ Of. 9'1S77
To: City of Lake Elsinore, Californi~
The undersigned bidder. in accordance with'tte CitY~6 Notice Inviting
Bids, hereby proposes to furnish. LED traffic signal mod~les, and
incidentals required for the apove-sta.ted ptoJectasset forth in the'
Specifications, in the manner and tim~ prescribed therein. .
The undersigned, bidder certifies that this f'roposO\l 'is made .in good
faith, without collusion or connection with any other person or
persons bidding. on the work. '
.
The undersigned bidder understands th~,t the City COUTlccil reserves the
right ,to accept or ,reject any.ox all proposals or to waive' formality
or technicality in any proposal in t i eres f City.
WGStEM Pt0Fic SlNJ~.LLC.
Name of Vendor' .
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:"rint Ma:lIe
RE6/tJlo/R-L UR~~e~
. Title
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C\Do<dm..... and s..,;,.p\I>po_,LAJ<E.ELSINORE\/dy Do<unumto\ om"" A""""\StA'....\T,.e;.:Sl~\UO _ lOATJERY. '
lOACKUP\5ignollB> 1lld Pa<bg..<k>< . .
4
ACEN9A ITEM NO. S
PAoe--1L-OF-&L
U~'~~'LVUw ~~.6Q
-'U-'~r.L.LLo.J'"
"IooI-.-......wo..on.f'l.w
1...;l;A;. UI,UO
TO ACCOHPANX BID SUBlIIITTAL
:x.zo TRAnXC S:CGlQL MODULES
BID SCHEDUl,E
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ITEM . DESCRIPTION (JUANTllY F.ACH UNIT COST : TOTAL COST
1 112 INCH REO BALL 104 . 4/.2:> .c 2 0."0
z h2 INCH YEllOW BALL . . 111 .q7.~ t!S z: 2..50
3 Hz INCH GReEN BALL . 101 82.00. GJ21 ~. 0/
4 12 INCH RED ARROW ~~ . .~3.0o: .,2 C/.OO
5 k21NCH YElLOW ARROW 53 . "'5:00' 238S.oo
6 ~2 INCli GRI:EN ARROW . 58 4'Y.OO. .'17/Z. DO
7 !lINGH Reo BALL . 25 ~.oo a?s, 00
8 8 INCH YEllOW BAI..I,. . . 25 ~2.o0 ~oo
0 8 INCH GREEN BALL .. '.-' 25 ~.2.00 /. .00
10 PROGRAMABLE 12 INCH RED .- 6 !iOd) 0 :?oo.oo
11 PROGRAMABlf! 121NCHYElI.OW 6 -,rb.do "lM.OO
12 PROGRAMABlE 12 INCH GREEN 6 ~8, 60 5IUJ.olJ
1~ PROGRAMA8LE 12 INCH RED ARROW 3 50, ()O /$0.00
14 PROGRAMABLE 12 INCH YELLOW ARROW . 3 '""0.00 / sc). 00
15 PROGRAUABlE 12 INCH GREEN ARROW 3 98.(J() ~~
16 UPRAlSEO PED HAND 82 . /"q.lltJ e. .00
.S4i.âĴS ~x 07.7Sj..' 311e..ar"
- . . TOTAL COST ~_?/ 32. efp
TOTAL COST IN WORDS &;e:Ty 7111U4 7/:tkfF'1#() (PHi!: r/"N'O~e:/ 71;1#7 TWo
Note: Purchase price shall be the "ou~ the doo"," price with all tax,
and other fees and costs included. Alo,~, quantities shown should be
accurate; however any chanqe in quanti~ie6 will be adjusted On a per
unit cost basis as shown above. .
The Undersigned has ch.."'ked carefully all of the above figures and
understands that the City will not tie respcnsible for any error or
omissions on the part of the Undersign"d in making up this bid.
1VG3~o~~~, SI5J1I/L,ILc ~#:~
.~ 114t1âĴ"Jf!..
Pn.nt B:~dder Name Here
;<f:;'"f,;O,v!tC. ;t1I9NlJ6c~
Title
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Co\o.",,,,,,,,,,, _ S"m..\I>1>'ytIO.t.A~~My Co,,,,"'.....\Oh'lc. ..-....\""....\Trallic~\LED and ."TJ1>l<Y
llACKl;1'\Signol LED Bid Poch8".do< , ,
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ACENDA ITEM NO.
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LEOTEK Electronics USA Corp.
1330 Memorex Dr., Santa Clara, CA 95050 .'
Corp. Of# (408) 988-4668, Corp. Fx# (408) 980-0538
Email: sares~leotek.com..Websj_te::~.leote.k.com ~
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Pedestria'n TraffiC Control Signal Indications
1.0 PURPOSE
The purpose of this specification is to provide the minimum performance requirements
for the LED "walking person"and;"hand" icon pedestrian signal modules (hereafter
called module or modules). This specification includes the following three sizes (nominal
message bearing surface): 406mm x 457 mm (16 in x 18 in), 305mm x 305mm (12 in x
12 in), and 229 mm x 229 mm (9 in x 9 in). This specification refers to definitions and
practices described in "Pedestrian Traffic Control Signallndic,ations" published in the
Equipment and Materials Standards of the Jnstitute of Transportation Engineers, referred
to in this document as "PTCS!'" J.
2.0 PHYSICAL AND MECHANICAL REQUIREMENT
2.1 General
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2..1.1 Usage: Modules shall fit into pedestrian signal housings
manufactured in accordance with the ITE PTCSI Standard, March
1985, without modification to the housing.
2.1.2 Installation requirements: Installation of:a module into existing
pedestrian signal housing shall only require the removal of the
existing optical, unit components, i.e.,1ens, lamp module, gaskets,
and reflector; shall be weather tight and fit securely in the housing;
and shall connect directly. to existing electrical wiring. Installation
shall.not require special tools.
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2.2 LED Signal Modul.e. .
2.2.1 The module shall be capable of replacing the optical unit
component of the pedestrian indication.
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2.3 Physical Dimension
.i .'
2.3.1 Nominal message bearing surface:
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2.3.1.5
406mm x 457 mm (16 in x 18 in).
305mm x 305mm (12 in x 12 in).
229 mm x 229 mm (9 in x 9 in).
Countdown symbols shall be designed to display with 2
rows LED's.
The countdown symbols size shall be'3 in X 7 in.
2.3.1.1
2.3.1.2
2.3.1.3
2.3.1.4
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2.4 Environmental Requirements
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2.4.1 The LED module shall be rated for use in the ambient operating
temperature range of -40.C to 74 .C.
2.4.2 The LED module shall be protected against dust and moisture
intrusion as per NEMA standard 250-1991 type 4.
2.4.3 The lens shall be smooth on the outside to reduce dust and dirt
, collection.
2.4.4 LED module shall be supplied with an installed gasket.
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2.5 Construction
2.5.1 The module shall be a single, self-contained device, not requiring
on-site assembly for installation into existing traffic signal housing.'
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.2.5.2 The assembly and manufacturing process for the module shall be
designed to assure all'internal LED and electronic components
. . ",. are adequately supported.to'withstand mechanical shock and
vibration from high winds and other sources.
2.6 Materials
2.6.1 Materials used for the lens and LED module construction shall
conform to ASTM specifications where applicable.
2.6.2 Enclosures containing the power supply and electronic
components ofthe'LED module shall be made of UL94VO flame
retardant material. '
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2.7 Module Identification
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2.7.1 Each LED module shall be identified on the backside with the
manufacturer's "name and serial number.
2.7.2 "The following o"perating characteristics shall be identified: nominal
operating voltage, power consumption and Volt-Ampere.
2.7.3 LED modules shall have a prominent and permanent vertical
indexing, i.e., UP ARROW or the word UP or TOP, for correct
indexing and orientation inside signal housing.. ,
3.0 Photometric Requirements
3.1 When measured normal to the plane of the icon surface, shall not
be less than:
. Walking person: 2,200 cd/m2. "
. Hand: 1,400 cd/"!2.'
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4.0 Chromaticity ,
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ACiEN[)A ITEM NO. S
PAOIU..i_Of~
4.1 The standard colors for the LED Pedestrian Signal Module shall be White for
the walking person and Portland Orange for the hand icon. The colors for
these icons shall conform to the ITE PTCSHcSTD Part 2. '
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5.0 ELECTRICAL
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5.1 Voltage Range
5.1.1
5.1.2
',5.1.3
5.1.4
5.1.5
5.1.6
LED module shall operate from a 60 +/- 3 Hertz ac line power over
a voltage range from 80Vac rms to 135 Vac rms.
Nominal operating voltage for all measurements shall be. 120+/- 3
Vac rms. , , ' , .'
Fluctuation in the line over the voltage range shall not affect
luminous intensity by more than +/- 10%. i""
The LED circuitry shall prevent flickering at less than 1 OOHz over
the entire voltage range.' " '
Low voltage Turn Off-,There shall be no illumination from the
module when the applied voltage is less than 45 Vac.
Turn ONlTurn OFF- The module shall reach 90% of their full
illumination with in 100msec (+/-10%) after the application of the
nominal operating voltage. The LED module turn off (no .
illumination) should occur within 100rnsec (+/-10%) after removal
qf the nominal operating voltage.
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5.2 Transient Voltage Protection
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5.2.1 The LED module on-board circuitry shall include voltage surge
protection to withstand high-repetition noise transients and low-
repetition, high-energy transients as stated in section 2.1.6, NEMA
Standard TS-2, 1992.
.5.3 EMC Noise
"
5.3.1 The LED module 'and the on~board ~ircuitry must meet Federal
Communications Commission (FCC)Title 47, subpart B, section
15 regulat,ions concerning the emission of electronic nois~.
5.4 Power Factor (PF) and AC Harmonics
5.4;-1 'LED module shall provide a power faCtor of .9 or greater.
5.4.2' , Total Harmonic distortion shall be less than 20%.
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5.5 Power Consumption
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5.5.1 Maximumpower consumption for each sYlJlbol,shall be as follows;
I-con 25C 74C'
Hand 10.0W 12.0W
Waking Person 9.0W 12.0W
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All specifications are subject to change without notice.
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, LEOTEK Electronics USA Corp.
1330 Memorex Dr., Santa Clara, CA 95050 .
Corp. Of# (408) 988-4668, Corp. Fx# (408) 980-0538
Emaii: sales@leotek.comWebsite:wwwJeotek.com
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"PV" Proarammed Visibility Retrofit LamDs .
1. General
1.1. Each module shall consist of an assembly that utilizes LEDs as the light source in lieu of
an incandescent lamp for use in PV housings (3M, McCain, etc.).
1.2. All Red and Yellow lamps shall utilize AllnGaP technology. All Green lamps shall utilize
IliGaN (Indium Gallium Nitride) technology. The "PV" series shall incorporate "Ultra-
Bright" 5mm Technology LEDs. .
; . .'
1.3. The modules shall carry a 60 month warranty.
1.4. The 'individual LEDs shall be wired such that a catastrophic loss or the failure of one
LED will resuRin the loss of 1.LED or no more than 5010' of the total light output of the
lamp.
2. Specification Summaries:
2.1.P,V 5 inch Retrofit Units
LED POWER INPUT CURRENT THD PFC TEMP MEETS
TYPE (Max) Voltage REG. <20% COMP Caltrans SPEC
A1lnGaP 9.5 80-135 YES . YES. >.90 YES YES
Vac
AllnGa~ 14.0 80-135 YES YES' >.90 YES YES
Vac
InGaN 80-135 " YES YES U
9.4 Vac YES YES >.90
3. Electrical
3.1. Power Consumption: Maximum power consumption reqllirements ar~ as stated in the
above previous charts along with general specifications,
., . . ,";
'.3.2. Operation Voltage: The,modules shall operate from a 60 HZ;I;3 HZ AC line over a
voltage ranging from 85vol,ts to 135 volts. The fluctuations of line voltage shall have no
visible effect on the luminous intensity of the indications.
3.3. Nominal Operating Voltage: Nominal operating vonage for all measurements shall be
120;1;3 volts rms. . . .
3.4. Power Factor: The LED PV module shall have a power factor of 0.90 or greater.
3.5. THD: Total harmonic distortion (current and voRage) induced into an AC power line by a
LED PV module shall not exceed 20 percent.
3.6. Surge Suppression: The PV module onboard circuitry shall include voltage surge
protection to withstand high repetition noise transients, as stated in Section 2.1.6 of
NEMA Standard TS-2, 1992.
3. i The LED Circuitry' ~hall prevent perceptible flicker to the unaided eye over the voltage
range specified above.
3.8. All wiring and terminal blocks shall meet the requirements of Section 13.02 ofthe ITE
Publication: Equipment and Material Standards.
3.9. Compatibility: The modules shall'be operationally compatible with currently used
controller assemblies (solid state load switches, flashers, and conflict mon~ors).
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3.10. The modules and associated onboard circuitry:must meet Feder?,l. '
Communications Commission (FCC) Title 47, Sub Part S, Section 15 regulations
concerning the emission of electronic noise.
4. Photometric. Requirements
4.1 , The minimum initial luminous intensity values for the modules shall b,e as defined ,in the
Caltrans PV lamp indications at 250C.
4.2. The modules shall meet or exceed the standard light output values found in the Caltrans
specification throughout the useful life based on normal use in a traffic PV operation
over the operating temperature range.
- "',' . .
4.3. The measured chromaticity coordinates of the modules shall conform to the chromaticity
requirements of the Caltrans specification throughout the useful life over the operating
temperature range.' ., '
5. Environme,ntal Requirements
5.1. The LED PV module shall be rated for, use in the operating temperature range of
400C (-400F) to +740.C (+1650F). The modules,shall be rated for operation throughout
this temperature range. '. ' ,
5.2. The LED PV module shall be protected against dust and moisture to protect all internal
components.
6. Construction
6.1. The LED PV module shall be a single, self-contained device, not requiring onsite "
assembly for installation into existing traffic PV housing. The power supply for the
module shall be integral to the .u~it., .',
6.2. The circuit board and power supply shall be contained inside the module. Circuit boards'
shall be conformally coated to,prote~ fro'T' moisture. ;. '
6.3. The assembly and manufacturing process for the LED PV assembly shall be designed to
assure all internal components are adequately supported to withstand mechanical shock
and vibration from high winds and other sources.
7. Materials
(\
. .
7.1. Material used for thelens'and PV module construction shall conform to ASTM
specifications for the materials.
7.2. Enclosures containing either the power supply or electronic' co~ponents of the PV
module shall be made of UL94VO flame retardant materials. The lens of the PV module
is excluded from this requirement. .
.'
8. Module Identification
,,'
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8.1. Each module shall have the manufacturer's name, trademark, model number, senal.number,
date of manufacture (month-year), and lot number as identification permanently marked on the
back of the module. .
8.2. The following operating characteristics shall be permanently marked on the back of the module:
rated voltage and rated power in Watts.
9. Quality Assurance
9.1. All LED PV modules shall be manufactured in accordance with a manufacturer quality
assurance (QA) program. The QA program shall include two types of quality assurance:
(1) design quality assurance and (2) production quality assurance. The production
quality assurance shall include statistically controlled routine tests to ensure minimum
performance levels of the modules built to meet this specification, and a documented
process of how problems are to be resolved.
9.2. QA process and test results documentation shall be kept on file for a minimum period of
five years. . '
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9.3. LED PV module designs not satisfying design qualification testing and the production
. quality assurance testing performance requirements described below shall not be
labeled, advertised; or sold as conforming to this specification. ' .
"'1 .
1 o. WarrantY . ,', , . , ,
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The manufacturer shall provide a written warranty statement against defects in materials and
workmanship for the LED PV modules for a minimum period of 60 months. Replacement modules
shall be provided promptly after receipt of modules.
Glossary' of Terms '.
AllnGaP
,
Cd
Chromaticity
Conflict monitor
Controller unit .
InGaN
ITE
LED
Load switch
MUTCD
METS
NEMA
Power factor
PTCSH
Rated power
TEES
THO
TSL
Type 1 module
Type 2 module
VTCSH
~".i ' .
I.;'>
Aluminum Indium Gallium Phosphide Technology and material used in the
production of the LED: ..
Candela. Unit of luminous intensity measurement.
The property of color of light.
NEMA TS1, TS2 or similar. A device used to prevent conflicting green
phases in conjunct.ion with a controller.
Traffic Signal Controller that is'standard equipment on maintained
signalized intersections.
Indium Gallium n~ride material used in the production'ofthe LED.
','
Institute of Transportation Engineers.
Light Emitting Diode. ,.
Devices used to switch powerto.field signal indicators. .
Manual on Uniform Traffic Control Devices (MUTCD).
Material Engineering and Testing Services of the State Agency:
National Electrical ManufacturersAssociation (NEMA), Washington D:C'
The ratio of the real power component to the total (complex) power
component.
Pedestrian Traffic Control Signal Head.
The power consumption that the module was designed and tested for at
ambient temperature (25C or 77F). AKA: Design Qualification Testing, -
,Traffic Electrical. Equipment Specifications, pompiled from NEMA,ITE &
FHWA MUTCD.' .
Total Harmonic Distortion. The amount of higher frequency power on the
power line.'
Traffic Signal Lamp
LED module that is designed to be mounted in the place of the existing lens
of a traffic signal.
LED module that is designed to be mounted in the place of the incandescent
. lamp of a traffic signal utilizing the existing lens and lamp socket.
Vehicle Traffic Control Signal Heads. .
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"The Leader in Electro-Optics Technology':'
Corp. Offl (408) 988-4668, Corp. Fx# (408) 980-0538 Email: salesla:lleotek.com Website: www.leotek.com
ACENDA ITEM NO.
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BID FROM
JAM SERVICES .
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. ACENOAITEM NO. S
PAoe.--1.9..-OF a.\
TO ACCOMPANY BID SumnTTAL
LED TRAFFIC SIGRIU. MODUl.ES
PROPOSAr..
Name of Bidder JAM Services. Tnr
Address of Bidder
7650 Hawthorne 'Pl. #2
Livprmnrc
.
('A 91550
To: city of Lake Els~oore, Cal~foro~a.
The unders~gned bidder, in accordance with the city's Notice Inviting
Bids, hereby proposes to furni5h, Ll~D traf:J:~G s~gnal mod~les, and
~ncidentals required for the above-stated project as set forth in the
Specifications, in the manner and ti~e prescrL~d therein.
The undeI:signed bidder certifies that this Froposal
raith, without collusion or connection with any
perSOns bidding on the work.
'is made in good
other person or
The undersigned bidder understands that the City council reserves the
right ,to accrept or reject any or all proposals or to waive; formality
or technicality in any proposal in the interest of the City.
JAM Services. Tnr
Name of Vendor
Signature, of Bidder
Dave Lebherz
f'rint Na,ne
Estimator
Title
,
C,\l)oCUDWnl>_S.ltinp\""""""L^I<E-~My n...._\Ql;3<e A_\Sb_\~~\U!I>ond,IlA=
BACKUP\Sip! UD Bid Pod<a~.doc' : .
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ACENDA ITEM NO.
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TO ACCOMPANY BID SUBMJ:TTAL
LE1> TRAFFIC S:tGNAL MODULES
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BID SCHEDUl~E
ITEM DESCRIPTION c)UANTfTY EACH UNIT COST TOTAL COST
1 2 INCH ~EO BAll. 104 48.00 4,992.00
2 2 INCH '(~LlOW BAll 111 54.00 5,994.00
3 2 INCH GREEN BALL 101 95.:00 , 19,595.00
4 2 INCH RED ARROW 53 144.80 2,374~40_
5 2 INCH YEllOW ARROW 53 i45~80 : 2,427.40
6 hZINCH GREEN ARROW Q8 2.50 4,205.00
1 BINeH REO BAll 25 39..70 ,1992.50
B INCH YEllOW BAll 25 43.50 : [T,087 .50
9 INCH GREEN BAll 2!; 67.00 1,675.00
10 PR~E 12 INCH RED 6 34~00 324.00
11 ~R~I.E 12 INCH YEllOW 6 54.00 324.00
12 1PR000000000LE 12 INCH GREEN 6 138.00 828 ~oo
13 PROGRAMABlE 12 INCH RED ARROW 3 54.00 , 162.00
1" ROG~LE 12 INCH YEllOW AAROW 3 34;00 162.00
15 PROGRAMAQLE 1zINCH GREEN ARROW 3 13~ .00 414.nn
16 UPRAISED PED HAND 82 81.00 6,642.00
. Tax 7.75%: 3.270.3'i
-
TOTAl. COST 45,468.35
('TOTAL .COST IN WORDS Forty five tl).ousand fout:. hllnnrprl: ,,; VTY: eight and 35/100
Note.: purChase price shall be the "out the door" price with all tax,
and othe~ fees and costs included. Also, quantities shown should be
accurate; however an chao e in uaotities will be adiusted on a per
un t cost aS1$ as shown above. '
The Undersigned has checked carefully all of the above figures and
understands that the City will not be respcnsible for any: error or
omissions on the part of the Undersigned in making up to.' bi~.
JAM Service", Tn~
Name of vendor
Dave Lebherz
Print Bidder Name Here
Estimator
TJtle
Ph# 925-455-5267/ Fx* 925-455-1148
C\P\KUU\Ii!J.'Jtill\I\d ~\b\Il'\bp.Yl\e_LAJ(E.n.slNORE\MY Docunw:nIs\OJlic~ ^dmit\\StJecls\ 'hoffie: Sgnzs1:t\LfD a.nd .ltA TTERY
BACKUP\5igna! L.l!D Ilid p.do'ge.doc ;
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
. MAY 10, 2005
SUBJECT:
BATTERY BACKUP SYSTEM FOR TRAFFIC SIGNALS'
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BACKGROUND
The City owns and maintains twenty (20) traffic signals within the City limits of Lake
Elsinore. Five (5) of the twenty (20) traffic signals have a battery backup system that
operates the traffic signal during power outages.
DISCUSSION
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The battery backup systems have proven to be efficient during power outages by
allowing the traffic signal to continue operation and by eliminating the need to call out
maintenance staff to man the down traffic signal. Therefore, staff wishes to install
battery backup systems on the fifteen (15) traffic signals that do not have battery
backup systems.
FISCAL IMPACT
Staff solicited for proposals and received the following bids:
$73,065 - Steiny and Company
$75,065 - Republic Electric
Funds have already been budgeted for this purchase.
RECOMMENDATION
It is staff's recommendation that City Council authorize staff to award a contract to
n Steiny and Company for the installation of battery backup systems on fifteen (15)
ACENDA ITEM NO.
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REPORT TO CITY COUNCIL .
MAY 10, 2005
PAGE #2
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traffic signals at a cost of $73,065.
, .
PREPARED BY, ~ . ....
DA Vm W. SAPP, D R OF COMMUNITY SERVICES
APPROVED FOR.
AGENDA BY:
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ACENDA ITEM NO.
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CITY OF LAKE ELSINORE
SPECIFICATIONS FOR
INSTALLATION OF
BATTERY BACKUP SYSTEM FOR TRAFFIC SIGNALS
FY 2004/2005 ,
BID OPENING: APRIL 14, 2005, 2:00 PM
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CONTACT: Bill Payne
City of Lake Elsinore'
130 S. Main Street
Lake Elsinore, CA 92530
FAX 909-471-1251
Office 909-674-5170
E-MAIL bpayne@lake-elsinore.org
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ACENDA ITEM NO,
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TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS..
SCOPE OF WORK
INSTRUCTIONS TO BIDDERS.
PROPOSAL. .... ....
BID SCHEDULE
SIGNATURE PAGE...
NON-COLLUSION AFFIDAVIT ....
DESIGNATION OF SUB-CONTRACTORS..
~ ~. . .
DECLARATION REGARDING LICENSE STATUS ...
. LIST OF REFERENCES .
CONTRACT AGREEMENT .
CONTRACTOR'S CERTIFICATE - Workman's Compensation
3
. 5 U
6
11
12
14
16
17
18
19
20
.".. . 22
23
24
25
Wage Rates and Labor Code Requirements
Standard Specifications
Special Provisions....
SPECIFICATIONS -
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ACENDA ITEM NO. ~
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NOTICE INVITING BIDS
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PUBLIC NOTICE IS HEREBY GIVEN that ,sealed bids will be received
by the City of Lake Elsinore for the, installation of' fifteen
traffic signal battery backup ,systems on existing traffic signals
located in the City of L'!lke Elsinore, California referr,ed to as:
BATTERY BACKUP SYSTEM FOR TRAFFrCsrGNALS
The ,";ork to be done consists' of, furnishing ail equipment as
r'equired by the, Specifications and Contract ,Documents, for the
above stat,edproj ect., , "
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Bids will be' publicly opened, examined and declared in the City
Hall' Conference Room, 130 South" Main Street, Lake.. Elsinore,
California at the hour of 2:00 p.m. on APRIL 14,2005, 2:00 PM.
, . ' ( ~ ..,~
Each bid shall be' made on' the proposal form furnished in the
Specifications and enclosed in an envelope supplied by the bidder,
bearing the title of the work and the name and address of the
bidder. It is ,the sole responsibility of the bidder to ensure
that his bid is received in proper time in the City Clerk's office
at the address and,' time hereinabove set forth. Any bid received
after the scheduled closing time for receipt of bids shall be
returned to the bidder unopened.
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The work is to be done in accordance with the Plans and
Specifications on file in the office of the Clerk of the City and
said Plans and Specifications may be examined at the City of Lake
Elsinore City Hall, 130 S. Main Street, Lake Elsinore, California.
Ea'ch bidder must be licensed in the State
qualified to perform the work described
Specifications and Contract documents.
of California and
in the Plans,
Bidders are hereby notified that, pursuant to the provisions of
the California Labor Code, Section 1773, the City Council has
determined the general prevailing rate of per diem wages and the
general prevailing rate for legal holiday and overtime work in the
locality in which this work is to be performed for each craft,
classification, or type of workman needed to execute the Contract.
Said determination is on file with the City Clerk, and is
available to any interested party upon request, and by this
reference is hereby made as part of this Notice Inviting Bids.
Plans, Specifications, and all Contract documents may be obtained
at the Lake Elsinore City Hall located at 130 S. Main Street.
The selected bidder must
evidencing all insurance
Specifications.
furnish a
coverage
Certificate of
as required
Insurance
by the
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Payments .to the Contractor will be made by said City in accordance
with the provisions of the Specifications, submitted in accordance
therewith. All bids must be' made in accordance w'ith and as
directed 'in the Specifications, and all bidders shall comply with U
State, Federal' and 'local, laws applicable thereto.' ,
The City Council' reserves the right' to reject any 'or' all: bids, to
waive any irregularities in a bid and to award the Contract as may.
best serve the interests of the City. All proposals are binding
for a period of (30) days after they' are opened' and may be
retained by the City for examination and' comparison. For
technical information relating to the details of the, proposed,
project and/or bidding requirements, please contact Bill Payne in
the' Public Works Department of the City of Lake Elsinore:
-. " . .".
By Order of the
California.
City
counci~ r, f the Ci}y of,Lak~ Elsinore,
, V.iL~)LJ
, ,', Vicki Lynne Kasad
City Clerk of 'the City of
Lake Elsinore'
Date: '3 hI.{ / O~
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Scope of Work
A complete, functioning traffic signal battery backup system shall
be furnished and installed by the" contractor in accordance with
the manufacturers recommendations, the ,specifications enclosed
within this bid package, and as "directed by ,the City Traffic.
>- . .' , .'.. '
Engineer. . ". "
The,cost of installing; testing" and. transportation and/or "
shipping' of the battery backup system shall 'be included in the
lump sum 'price bid by the contractor and JlO additional
compensation shall be allowed.
Battery'backup systems shall be installed at the following traffic
signal locations:
ITEM
1
2
3
4
5
6
7
8
9
10
11
12
1~
14
15
" LOCATION
Machado Street at lincOln Street
Lakeshore Drive at Chaney Street,
Casino Drive at Mill Street, ".
Chaney StreElt atEducation Way ,
Railroad Canyon'Roadat Canyon Hills Road
Canyon Hills Road at los!Road
Lost Road at Cedarhill Uine
Railroad Canyon Road at Grape Street
Diamond Drive at Casino Drive
Diamond Drive at Mission Trail,
Lincoln Street at Grand Avenue
Grand Avenue at Lakeshore Drive, ,
, Lakeshore Drive at Machado Street'
Malaga Road at Mission Trail
Mission Trail at Town Center Drive,
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ACENDA ITEM NO.
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INSTRUCTIONS TO BIDDERS
BIDDERS KNOWLEDGE
Bidders must satisfy themselves' by personal' examination of the U
work site, Plans, Specifications, and other Contract documents and '
by any other means asthe'y may believe necessary, 'as to the actual
physical conditions, requirements and difficulties under which the
work must be performed. No bidder shall, at any time after
submission ,of' a proposal, make any claim, or assertion ,tj1at: there
was any misunderstanding' or lack of information regarding the
nature or amount of work necessary for ,the satisfactory completion
of the job. Any errors, omissions, or discrepancies found in the
Plans, Specifications, or other Contract documents shall,pecalled
to' the attention of the Engineer and "clarified prior to the
submission of proposals. ' '
If any person contemplating submitting a bid for the' proposed~
Contract is in doubt as to the true meanillg of any part' of the
Plans, Specifications, or other Contract documents, he or she may
submit to the Engineer a written request for the interpretation
thereof, and the person submitting the request ,will be responsible
for its prompt delivery. Any interpretation of the: Contract
documents will be made only by addendum duly issued and a'. copy of
such addendum will be mailed or delivered to each person receiving
a set of such documents.
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BIDDERS QUALIFICATIONS
Bidders must be capable of performing the work bid upon. 'They may
be required to supply a detailed statement covering experience on
similar work, list of machinery, plants and other equipment which U
wi1l be used on the proposed work, and such statements of' their
financial resources as may be deemed necessary.
No proposal will be accepted from a b'id~er who has not been
licensed in accordance with the provisions of the State Business
and Professions Code.
PROPOSAL FORMS
Bids shall be submitted in writing on the proposal forms provided
by the Agency. All information requested therein must be clearly
and legibly set forth in the manner and form indicated. The
Agency will not consider any proposal not meeting these
requirements.
For all work bid on a unit price basis, the Engineer's estimate of
quantities shown on the proposal form are understood to be
approximate and will be used only for the purpose of comparing
bids. For work bid on a lump sum price basis, any estimate of
quantities provided is furnished for the convenience of bidders is
not guaranteed. When unit prices are indicated on the: proposal
form, the bidder shall indicate the unit price at which he or she
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prapases. ta perfarm each item, .of wark,. writtenlegibiy ta ensure
cansideratian.' The unit price' shall be . stated in . flgures. Far
items where unit prices are required, the extended amaunt .of each
item shall be camputed fram the unity price .bidan the' propasal
and quantity . given . in the estimate.' In case .of errarsin
camputing the extended amaunt, the unit price will be a'ssumed
carrect. Failure by the bidder. ta list. unit prices shall be
justification far rejectian. .of the bid. Where lump sum is
. indicated, an the 'prapasal, .the bidder. shall indicate, under the
cal1pIlTl .of. extended ,amaunt, the lump sum price at which he .or she
prapases to .perfarm the warkdescribed far that item.
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SUBMISSION OF BIDS
The envelape enclasing the prapasal shall be sealed and addressed
ta the. City Clerk, City ,.of, Lake Elsinare, 130 Sauth Main Street;'
Lake Elsinare,Califarnia:c92530. The envelape shall be plainly'
marKed in the upper left-hand carner with the ,name and address .of
the bidder and bear the wards, "PROPOSAL FOR", fallawed by, the
name .of the praject being bid and the date and hau~ .of bid
.opening. ,The, certified check" cashier's check .or bid band' shall
be ~nclased in the same envelapewith the prapasaL
"~ ,
propasalsmaYbemailed,ardeliveredbymessenger;hawever, it is
the bidder's' respan.sibili ty alane, ta . ensure', delivery . .of . the
prapasal .ta the ,Agency's designated .official priar tathe time
stipula'ted far. bid . .opening. in ,the' Natice' Inviting Bids. Late
prapasals will not be cansidered.
(1
IRREGULAR BIDS
Unautharized canditians" limitatians .or pravisians attached ta a
bid will render it irregular and may be cause far its rejection. .
The campleted prapasal farm shall be with aut interlineatians",.
alteratians, .or e~asures.
Alternate bids ~ill nat be cansidered' unless specifically
requested. Na .oral,. telegraphic, .or telephanic pr'apasal,
madificatians, .or withdrawals will" be cansidered.
,
Prapasals may be rejected by the Agency far the fallawingreasans:
(a) If the propasal farm furnished is nat used .or is altered:
(b) If there are unautharized additians, canditianal .or alternate
bids .or irregularities .of any kind.
(c) If' the bidder' adds any pravisians reserving the right . eo:
accept .or reject. an award, .or reserving the right taexecute
,~ J .
.or nat execute a cantract pursuant ta an award..
(d) If the prapasal is nat praperly signed by the bidder, whase
address,telephane number,and Califarnia Cantractar License'
number is ,shawn.
TAXES
Na mention shall be made, in, the .prapasal .of' sales' tax,use tax, .or
(1
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ACENDA ITEM NO.
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any other tax as all amounts bid will 'be de~med and held to
include any such. taxes which may be applicable.
LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, 'made and' executed in
acc,or,dance with Sta.te and Federal laws relating to bids for
contracts of, this nature whether the same are expressly: referred
to herein or not., Any bidder submitting a proposal shall by such
action thereby agree to, each and all of the terms, conditions,
provisions and requirements ,set forth, contemplated, and referred
to in the Plans, Specifications, and other Contract documents, and
shall agree to full compliance therewith. .
" !
u
CITY BUSINESS LICENSE
The successful bidder and all subcontractors' 13hall obtain' and
maintain, throughout the term of the Contract,' a current City of
Lake Elsinore business license.
WITHDRAWAL OF PROPOSALS "
A proposal may be withdrawn by '.a' written request,' signed by the
bidder. Such requests shall be delivered to the 'City"s designated
official prior to the bid opening hour stipulated in the Notice
Inviting Bids. The withdrawal 'of a proposal will not prej'udice
the right of the bidder to submit a new proposal, providing there
is time to do so prior to bid opening. Proposals may not be
withdrawn after bid opening without. forfeiture of. the' proposal
guarantee.
".'
DISQUALIFICATION OF BIDDERS
A bidder shall be con,sidered disqualified for any of the following U
reasons: ."
." .
(a) Submitting more than one proposal from the same partnership;'
firm, or corporation under the same or 'different name.
(b) Evidence of collusion among.. bidders. . Bidders participating'
In such collusion shall be disqualified as bidders for any
future work of the Agency uritil any such participatirig bidder
has been reinstalled by the Agency as a qualified bidder.
(c) Proposals in which any of the unit prices arid/or lump' sum
prices obviously are unbalanced. .
A person, firm, or corporation may"submit a sub":proposal to more
than one bidder, or may submit 'sub-proposals in addition to
submitting a proposal as bidder, without being disqualified. "
RELIEF OF BIDDER
If ,the bidder claims ,a mistake was made in 'his' proposcU,' the
bidder shall give the Agency written notice within five (5) days
after the date for submittal of proposals of the alleged mistake,
specifying in the notice in detail how. the mistake, occurred.
Relief will be ,granted only for clerical errors and at Agency's
8
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discretion.
AWARD OF CONTRACT
The acceptance of a bid proposal will be evidenced by a Notice of
Award of ,Contract in writing, delivered to the bidders whose
proposal is accepted. No other act of the Agency .shall
necessarily constitute acceptance of a bid proposal. Agency
reserves the right to rej ect any or all' proposals i to' wai ve . any
irregularity, and to take the bids under advisement. 'for' a period
of 30 days, all as maybe required to provide for'the best
interests of the Agency.
Bidders may be required to submit, prior ,to award. of the Contract,
a financial statement, and list .of previous work, .of a similar
nature. In no event will an award be made until all necessary'
investigations are made as to the responsibility and
qualifications of the bidder to whom the award is contemplated.
EXECUTION OF CONTRACT
The bidders to whom award is made shall execute a written Contract
with the Agency and furnish good Certificates of Insurance
specified by the Agency within ten (10) calendar days after
notification of award, unless an extension of time is granted to
the bidder in writing. The Contract shall be made in the form
adopted by the Agency, which includes the provision that,no claim
or suit whatsoever shall be made or brought by the Contractor
against any officer, agent, or employee of the Agency for or on
account of anything done or omitted to be done in connection with
this Contract, nor shall any officer, agent or employee be liable
hereunder. A corporation to which an award is made shall furnish
a certified copy of the by-laws or resolution of the Board of
Directors 'of the corporation showing 'the names of those
individuals duly authorized to sign the Contract and bonds for the
Corporation.
Failure of a
certificates,
annulment of
guarantee.
bidder to
within the
the award
execute a Contract and. file insurance
time specified may be just cause for
and the forfeiture of the proposal
No Contract shall be binding upon the Agency until the . same has
been approved by the Board, been satisfactorily executed by the
Contractor, and executed by the Agency.
INSURANCE REQUIREMENTS
Before commencing
bidders must file
any work under the Contract, the successful
with the Public Works Manager certificates
9
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AGENDA ITEM NO.
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indicating proof that insurance policies, as required in the
Agreement, have been obtained. Such policies include ,Worker's
Compensation, Automobile Public Liability, and Public Liability.'
In the event that such policies should become inoperative at any U
time before the completion of' the work, all work' shall cease
immediately'untilnew policies are obtained, and any time so lost
shall not. entitle Contractor to any extension of'time.
WORKER'S COMPENSATION CERTIFICATE
A "Contractor's Certificate Regarding Worker' s Compensation'
Insurance" in accordance with the provisions. of Section 1860,
1861, and 3700 of the Labor Code, is included as a part of the
Contract documents. The Contractor shall complete 'this
certificate before commencing the performance of the work of this.
Contract.
,
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ACENDA ITEM NO.
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TO ACCOMPANY BID SUBMITTAL
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BATTERY BACKUP SYSTEM FOR TRAFFIC SIGNALS
PROPOSAL
Name of Bidder
Address of Bidder
To:
City of Lake Elsinore, California,
,I
The undersigned bidder, in accordance with the City's Notice
Inviting Bids, hereby proposes to furnish all materials,
equipment, tools, labor, and incidentals required for the above-
stated project as set forth in the Plans, Specifications, and
Contract documents therefore to perform all work in the manner and
time prescribed therein. The attached Bid Schedule is hereby made
a part of. this proposal. .
The undersigned bidder declares that this proposal is based upon
careful examination of the work site,~. Plans;. Specifications,
Instructions to Bidders, and all other Contract documents.. 'If
this proposal is accepted for award, 'bidder agrees to enter into a
Contract with the City at the unit and/or lump' sum prices set
forth in the . following" bid schedule. Bidder understands that'
failure to enter into a Contract. and 'furnish bonds in the manner
and time prescribed will result in. forfeiture to th'e City of the
guarantee accompanying this proposal.
The undersigned bidder certifies that this proposal is made in
good faith, without collusion or connection with any other person
or persons bidding on the work.
,
The undersigned bidder understands that the City Council reserves
the right to accept or reject any or all proposals or to waive
formality or technicality in any proposal in the interest of the
Agency.
Name of Bidder
Signature of Bidder'
Print Name
Title
11
ACENDA ITEM NO.
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TO ACCOMPANY BID SUBMITTAL
BID SCHEDULE
BATTERY BACKUP SYSTEM FOR TRAFFIC SIGNALS
Item
Description
Cost Each
1. Furnish and Install fifteen traffic
signal battery backup systems on
existing traffic signals $
Total cost in words:
. Total
: Amount
$:
NOTE: All work to be done
Elsinore Ordinances, Standard
Construction, and City Engineer
inspection by City Inspector.
in accordance with
Specifications. for
direction. All work
City. of Lake
Public Works
is subject to
Also, quantities shown should be accurate; however.any change in
quantities will be adjusted on a per unit cost basis as shown
above.
The Undersigned has checked carefully all of the above figures and
understands that. the City will not be responsible for any error or
omissions on the part of the Undersigned in making up this bid.
.,
,
Name of Vendor
12
,
Signature of Bidder
Print Bidder Name Here.
AGENDA ITEM NO.
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The Undersigned has checked carefu'lly all of the above figures and
understands that the City will not be responsible for any error or
omissions on the part of theUnder~igned in making up this bid.'
The Undersigned bidder declares, under 'penalty of perjury; that
they are licensed to do business or act in the capac:Lty of a
contractor within the State of California and that they are
validly licensed as follows:
License Number:
. Classification:
Expiration Date:.
. .; _ ,~, t ,
This statement is true and correct and'has the' legal effect of an
affidavit.
,
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ACENDA ITEM NO,
PACE f '5
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TO ACCOMPANY BID SUBMITTAL
SIGNATURE PAGE
IF A SOLE OWNER OR SOLE CONTRACTOR, . SIGN HERE:
1.. Nam~ under which business is conducted
2. Signature (Given and surname) of proprietor
3. Place of Business
, ,
City and State
4. Telephone Number
(Street and Number)
Zip Code
IF A PARTNERSHIP, SIGN HERE:
1. Name .under which business is conducted
2. Name of each member of Partnership (indicate character of each
partner, either general or special [limited])
3. Signature (Given and surname and character of partner. Note:
Signature must be made by a general partner)
,
4. Place of Business
(Street and Number)
City and State
Zip Code
5. Telephone Number
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ACENDA ITEM NO.
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TO ACCOMPANY BID SUBMITTAL
IF A CORPORATION, SIGN HERE: ..
1. Name under which business is. conducted
. .-'. .
2. Name of each officer of corporation (indicate office)
3. Signature (Given a~d surname and title of 9fficer authorized to
sign for the Corporation)
(Impress Corporate Seal here).
4; Incorpo~ated. under the laws of the State of
5. 'Place ,of .Business
City and State
6. Telephone Number
(Street ~nd Number)
Zip Code
15
AGENDA ITEM NO.
PAOI! J 7
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OF ,'55
TO ACCOMPANY BID SUBMITTAL
CITY OF LAKE ELSINORE, CA
NON-COLLUSION DECLARATION
u
(Public Contract Code Section 7106)
. .' ,
I,
(Name)
, do hereby declare that I am
the
..of
(Contractor)
for the construction referred
(Title)
the party making the foregoing bid
to as:
BATTERY BACKUP SYSTEM FOR TRAFFIC SIGNALS
and that the bid is not made in the interest of, or on behalf of,
and undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham
bid, and has not directly. .or.. indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else 'to put in a
sham bid, or that anyone shall refrain from bidding; that the
bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of.any other
bidder,. or to secure any advantage against the public body
awarding the Contract of anyone interested in the .proposed U
Contract; that all statements contained in the bid are true; and,
further, that the bidder has not, directly or indirectly;
submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged informatipn or. data relative
thereto, or paid, and' will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham
bid. :,.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
DATE
PLACE
SIGNATURE
NAME
U
16
AGENDA ITEM NO.
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TO ACCOMPANY BID SUBMITTAL
CITY OF LAKE ELSINORE
DESIGNATION OF SUBCONTRACTORS
The undersigned certifies that 'he or she has used the" sub-'-bids of
the following listed subcontractors in making up his bid for the
construction referred to as:
- "
BATTERY BACKUP SYSTEM FOR TRAFFIC SIGNALS
and that the subcontractors listed will be used
they bid, subject to the approval of the
accordance with the applicable provision of the
for work for which
Engineer,: and' in
Specifications.
Bid Item
Number
Subcontractor
Address/Telephone
Name of Contractor
Signature of Bidder
Name
Title
17
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ACENDA ITEM NO.
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TO ACCOMPANY BID SUBMITTAL
CITY OF LAKE ELSINORE
DECLARATION REGARDING LICENSE STATUS
I.do hereby declare that our/my Contractor's license is
and expires on..
I declare under penalty of perjury that the foregoing is
true and correct.
Executed this
day of
, 20_
at
, California.
Signature
Printed Name
Title
Signing on behalf of-
(if applicable)
,
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AGENDAIJEM NO. to
PACJ!~OF ,&sf)
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TO ACCOMPANY BID SUBMITTAL
LIST OF REFERENCES
BATTERY'BACKUP SYSTEM FOR TRAFFIC SIGNALS
REFERENCES
~ . .,
" ,
The following are the names, addresses, and telephone numbers 'for
three (3) public agencies for which BIDDER has performed similar
work within the past t,wo(2) years:
1'.
Name and Address of Owner
Name and Telephone Number of Person Familiar with Project
Contract Amount"
,Type of Work
Date C()mpleted
2.' '-
Name and Address of Owner
Name and Telephone Number of Person Familiar with Project '
", . ,
Contract Amount
Type of Work"
Date Completed
3.
Name and Address of Owner
Name and Telepho~e Number of_Person Familiar with Project .
,.'
Contract Amount.
Type 'of Work
Date Completed
19
~CENDA ITEM NO. (&
PA0E..c4- OF 3F)
CITY OF LAKE ELSINORE
CONTRACT AGREEMENT
This Contract Agreement-- is made and entered into this
of
2005 by and between the: City of
as Contractor
Lake Elsinore and
for the
construction referred to as:
BATTERY BACKUP SYSTEM FOR TRAFFIC SIGNALS
WITNESSETH that the City of Lake Elsinore and the Contractor have-
mutually agreed as follows:
_ARTICLE I
The Contract documents for the aforesaid project shall consist of
the Notice Inviting Bids, Instructions to Bidders, Proposal,
General Specifications, Plans, Special Provisions and all
referenced specifications, details, standard drawings, and
appendices, together with this Contract Agreement and all- required
bonds, insurance certificates, permits, notices, -and affidavits,
and also including any and all addenda or supplemental agreements
clarifying, amending or extending the work contemplated as may be
required to ensure its completion in an acceptable manner. All of
the provisions of said Contract documents are made a part hereof
as though fully set forth herein. -
day
u
,
ARTICLE II
For and in consideration of the payments and agreements to be made U
and performed by the City of Lake Elsinore, Contractor agrees to
furnish all materials and perform all work required for the above
stated project, and to fulfill all other obligations as set forth
in the aforesaid Contract documents. ' -
ARTICLE III
Contractor agrees to receive and accept the prices set _ forth in
the proposal as full compensation for furnishing all materials,
performing all work, and fulfilling all obligat-ions hereunder.
Said compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of the work during its
progress or prior to its acceptance including those for well and
faithfully completing the work and the whole thereof in the manner
and time specified in the aforesaid Contract documents -and also
including those arising from actions of the elements, unforeseen
difficulties or obstructions e~countered in th~ prosecution of the
work, suspension or discontinuance of the work, and all other
unknowns or risks of any description connected with the work.
20
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.' ARTICLE -VII
Contractor affirms that" the signa.tures, titles,' and seals set
forth herein after the execution of this' Contract Agreement -','
represent all individuals, firm members, partners, joint "ventures,
and/or corporate officers having a principal interest herein.
IN WITNESS WHEREOF, the parties hereto for themselve$, their
heirs, executors, administrators, successors, _ and assigns do
hereby agree to the full performance of the covenants herein
contained and have caused this, Contract Agreement. to be, executed
in triplicate by setting hereunto their names, titles, hands, and
, .'
seals this day of , 2005,
Contractor:
By:
CA Lic.#
Title' "
Subscribed and sworn to this
day of
, 2005.
NOTARY PUBLIC
City of Lake Elsinore, By:
Mayor
Attested
,
City Clerk of the City of Lake Elsinore, Date
21
AGENDA ITEM NO.
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CITY OF LAKE ELSINORE
,CONTRACTOR'S CERTIFICATE REGARDING
WORKER'S COMPENSATION INSURANCE
u
Sectian 3700 af the Labar Cade prav.ides in part asfallaws:
"Every emplayer except the State shall secure the payment, af
campensatian in ane 0.1' mare af the fallawing ways:
A) By being insured against liab~lity to. pay campensatian
B) By securing fl'am, the Directar ()f Industrial Relatians a
certificate af cansent to. self-insure, which may be
given upan furnishing praaf satisfactary'ta the Directar
af Industrial Relatians of ability to. self-insure and to.
pay any campensatian that may became due.. to. his
emplayees..."
The undersigned is a'ware, of the pravisi.ons af Sectian .3700 af the
Labar Cade which require every emplayer to. be insured against
liability far warker's campensatian ar'ta undertake self-insurance
in accardance with the. pravisians af that cade, and will camply
with such pravisians be fare cammencing, .the perf()rmance af the wark
af this Cantra~t.
SIGNATURE
DATE
. ,
PRINTED NAME
u
:.
, TITLE
..'
COMPANY
,
ADDRESS
(In accardance with Article 5, camm~ncing at Section 1860, Chapter
1, Part 7, Divisian 2 afthe 'Labar Cade, the abave Certificate
must be signed by the Cantractar and filed with the awardingbady
priar to. the Cantractar perfarming any wark under this Cantract.)
22
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AGENDA ITEM NO.
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OF ,1)1"
SPECIFICATIONS - Wage Rates and Labor Code Requirements.
1"'""\ ' WAGE RATES ~ B'y ,Resolution No. 82-194 the Clty' Counci~ adopted
( , the general prevalllng rate of per diem wages. as determined and
published by the,' .State Director of ,the Department of Industrial'
Relations, pursuant to Sections 1770, 1773 and: 1773.2 of, the
California Labor Code. Copies of these rates and' the latest'
revisions, thereto are on: file in the 'office of the'City Clerk and'
are available for review upon request. ' '
Attention is directed to the provisions of Sections 1774,
1775, 1776, 1777.5 and 17.77.6 of the state Labor. Code. Sections
1774 and 1775 regarding prevailing wage rates.
COMPLIANCE - The above. Labor Code Sections will be a part of
the Contract documents. It shall be the responsibility of the
prime Contractor to comply with all such sections.
CLAYTON ACT AND CARTWRIGHT ACT' - To the extent applicable
here, Section 4551 of the State Government Code specified that in
executing a public works Contract with the City to supply goods,
services or materials, the Contractor or Subcontractor offers and
agrees to assign to the Agency all rights, title and interest in
and to, .all causes of action ,it may have under Section '4 'of the'
Clayton Act (15 U.S.c., Sec. 15) or under the Cartwright Act
(Chapter 2 commencing with Sec. 16700) of Part'2 Division 7 of the
Business. and Professions . Code, arising from purchase of goods,
services or materials pursuant to the Contract ,or Subcontract.
This assignment shall become effective when the tenders final
payment to the Contractor without further acknowledgment by the
pa,rties.
(',
COPELAND "ANTI-KICK BACK" ACT All contracts for
construction or repair, shall include a pr<;lVision for compliance
with the Copeland "Anti-Kick Back" Act (18 U.S.C.874) as
supplemented in Department of Labor regulations (29 CFR, 'Part 3).
This Act provides that each Contractor shall be prohibited from
inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The
participant shall report all suspected or reported violation to
the State.
CLEAN AIR ACT OF 1970 & FEDERAL WATER POLLUTION - Control Act
Contracts of amounts in excess of $100,000 shall contain a
provision which requires the recipient to agree to comply with all
applicable standards, order, or regulations issued' pursuant to the
Clean Air Act of 1970 and the Federal Water Pollution Control Act
as amended. Violations shall be reported to the Service and
Regional Office of the Environmental Protection Agency.
(',
23
AGENMITEM NO.
PAce r;:;. '5 OF
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SPECIFICATIONS - Standard Specifications .
The Standard Specifications of the City of Lake' Elsinore are
contained in the 1997 Edition of the Standard' Specifications for U
Public Works Construction, including all supplements, as written
and promulgated by the 'joint Cooperative Committee. of the Southern'
California Chapter. .of ,the. Associated General Contractors. 'of
California. Copies of these Standard Specifications are available
from the publisher at the following address:..'
BUILDING NEWS, INCORPORATED, 3055,'
3055 Overland' Avenue'
Los Angeles, California 90034
Phone: (213) 202~7775
or may be ordered by mail from:
BNI PUBLICATIONS
P.O. Box 3031
Terminal Annex
Los Angeles, CA 90051
The Standard Specifications, set, forth ,; above will control' the
General Provisions, Construction Materials and Construction
Methods for this Contract except as ,amended by .the plans; special
provisions, technical specifications. or other Contract documents.
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AGENDA \rEM NO.
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SPECIFICATIONS - Special Provisions
BATTERY BACK-UP SYSTEMS, (BBS)
1.0' GENERAL
This specification
complete emergency
Emitting Diode (LED)
establishes the minimum requirements for a
battery backup. system for use, with' Light
Traffic Signal' Modules.
The battery backup system (BBS) shall include, but not be limited
to the following:
.
Inverter/charger
Power transfer relay
Batteries'
Manually operated, non-ele.ctronic- byppss switch (See Figure 1
7" BBS Block Diagram)
All necessary hardware and interconnect wiring.
.
.
r.. .
.
.
The BBS shall provide reliable emergency power toa traffic signal
system . (Vehicle and Pedest:r:i'an Traffic)' in the - event of a power
failure or interruption.
The BBS shall be capable of providing power for full, run":'time
operation for an "LED-only" intersection (all colors: red, yellow,
green and pedestrian heads) or flashing mode operation for
(\ an intersection using only Red LED's.
(\
The BBS shall
full run-time
installation.
be capable of providing: -both modes of 'operation,
or flashing, as determined at the time of
,
The BBS shall be designed for outdoor applications,:in
with 'the 'Caltrans Transportation Electrical
Specifications {TEES), dated March '29, 2002, Chapter 1,
Section 8 requirements.
accordance
Equipment
.'
2.0' OPERATION
".'
-'
2.1 The BBS shall provide a minimum two (2) hours of full run-time.
operation for an "LED only" intersection (minimum 700W/1000VA
active output, capacity, with 80% minimum invert~r efficiency). :~,
2.2 The maximum transfer time allowed, from disruption of normal
utility line voltage,' to stabilized inverter line voltage' from
batteries shall be 65 milliseconds.', The same maximum allowable
transfer time shall also apply when switching from'inverter line
voltage to utility line voltage.
25
AGENDA ITEM NO,
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2.3 The BBS shall provide the user with a minimum of. 3-sets of
Fully Programmable normally open (NO) and normally closed (NC)
single-pole double-throw (SPDT) dry relay contact. closures,
available on a panel-mounted terminal block, rated at a minimum (.)
120V /lA, and labeled so as to identify each contact. See Figure
2 (b).
'..'
2.3.1 The first set of" NO and' ;NC
energized whenever the .unit switche's
shall be labeled or marked "On Batt".
signal cabinet Alarm 2 input.
contact closures .shall be
to . battery power.' Contact
Contact shall be wired to
't.} "
ATTACHMENT "A"
ATTACHMENT "A" A-4
, ,
2.3.2 The second set of NO and NC contact closures shall be
energized whenever the battery approaches approximately' 40'% of
remaining useful capacity.' Contact shall 'be labeled or marked "Low
Batt". Contact shall be wired to signal cabinet Alarm 3 input.
2.3.3 The third set of NO and NC contact closures shall be
energized two hours after the unit switches to' battery power.
Contact shall be labeled or marked. "Timer". Contact shall, be .
wired to signal cabinet Alarm 4 input and shall initiate the
flashing mode operation as
described below:
Flashing Mode. Operation
a). Intersection flashing mode operation shall be accomplished (.)
through. the use of control wires installed between thE! "Timer'~
contacts on the Inverter/Charger unit and the signal cabinet
mercury contactor. The control wires < shall be. installed
continuously between the BBS unit and the signal controller
cabinet,.. and shall. be provided ,through the use. of. a 6-pair
telephone cable. The' cable ' shall'. conform to the REA PE 22
Specification. Cable shall contain.six multi-colored twisted-pairs
with #19 AWG solid annealed bright bare copper' conductors and
shall use the standard telephone color code. Cable shall have
polyethylene insulation, mylar sheathing and aluminum shielding.
The nominal outside diameter of the cable shall not exceed 0.57-
inch.
b) Existing cabinet Flasher Modules and Flash. Transfer Relays'
shall be utilized. The BBS shall not duplicate or take oVer flash
operation or flash transfer relay functions. To facilitate
emergency crews and police activities, the BBS shalI be compatible
with police paneL functions (Le. "Signals OFF". switch must kill
power .to the' field wiring . even when'.
on battery power) . J'
(.)
26
ACENDAITEM NO.~
PAce r1 '6 OF.'5 '5
(\
. c) The. BBS, ,when "trarisferring from' battery 'backed inverter mode
back tout'ility' line mode; shall initiate the signal controller
start-up routine.
2.4 Operating temperature for the inverter/charger, power transfer
relay and manual bypass switch shall be -37 Oc to +74 oC:
2.5 Both the Power Transfer Relay and Manual Bypass Switch shall
be rated at 240VAC/30amps, minimum; , .
2.6 The BBS shall use a temperature-compensated battery' charging
system. 'The charging system shall compensate over a range of 2.5' -
4.0 mV / Oc per cell. ., .
2.6.1 The temperature sensor shall
inverter/charger unit;. The temperature
meters (6'-6") of'wire.
be
sensor
external to the
shall come with. 2
2.7 Batteries shall not be recharged when battery temperature
exceeds 50 Oc +/-3 ,oC~
ATTACHMENT "A"
ATTACHMENT "A" A-5
2.8' BBS shall bypass the u'tility line' power 'whenever the utility
line voltage is outside of the following voltage range:,lOO VAC to'
130 VAC (+/- 2 VAC).
(\
2.9 When utilizing battery power, the BBS output voltage shall be
be~ween 110 VAC and 125 VAC, pure sine wave output, < 3% THD,' 60Hz
+/-3Hz.
2.10 BBS shall be compatible with NEMA'TS1 and TS2 cabinets, and
Type 90 (NEMA) controllers and tneirrespective cabinet components
for full time operation.
2.11 When the utility line power has been restored at above 105
VAC: +/- 2 'VAC for more than 30' seconds, the BBS shall, transfer
from battery backed inverter mode back to 'utility 'line mode.
. .. " - ' '.
2.12 When' the utility line power has been restored. at below' 125
VAC +/- 2 VAC for more than 30 seconds, the BBS shall transfer
from batterybacked inverter mode to utility line mode.
2.13 BBS shall be equipped to prevent' a malfunction 'feedback to'
the' cabinet or from feeding back to the utility service.
2.14 In the event of inverter/charger failure, battery failure or
complete battery discharge, the power transfer relay shall revert
to the NC (and de-energized) state, where utility line power is
connected to the cabinet.
n
27
AGENDA ITEM NO. ~
PAot!~OF F)')
2.15 Recharge tj,me for the battery, from "protective low-cutoff!'"
to 80% or more of full battery charge capacity" shall not exceed
twenty '(20) hours; .
3.0 MOUNTINGI CONFIGURATION
i"
u
3.1 GENERAL
3.1.1 Inverter/Charger U~it shall be mounted in an external
cabinet at location specified.
3.1.2 Power, Transfer Relay ,and Manual Bypass Switch 'shall be
located external to the signal
cabinet.
3.1.3 All interconnect, wiring provided between Power' Transfer "
Relay, Bypass Switch and Cabinet Terminal Service, Block. shall be
of #10 AWG wire.
3.1.4 Relay contact Wlr1,ng provided for each., set of, NO/NC relay
contact closure terminals shall be of #19 AWG' wire 'and shall have
sufficient length to terminate at cabinet alarm inputs. "
3.1.5 See Figure 3 that provides clarification as to how BBS Power
Transfer Relay and Manual Bypass Switch are interconnected with
the signal' cabinet in orde~ to ensure interchangeability between
all BBS manufacturers. ' '
ATTACHMENT "A",
ATTACHMENT "Au A-7.
u
3.1.6 All necessary hardware for mounting (anchor bolts, cabinet
mounting base plates, and mounting hardware, etc.) shall be
ircluded in the bid price, of the BB~ instalration.
3.2 EXTERNAL UPS/BATTERY CABINET
3.2,1, Inverter/Charger" Power Transfer Rela'y, Manual Bypass
Swi tch, and, batteries ,shall fit ins,ide an external cabinet (see.
Figure 4). The cabinet shall be a Myers BCI00HZG~UPS and include a
PBM-2000.ITS Power Back UPS system and four 105 Ah batteries, or'
approved equai. '
3.2.2 The external cabinet shall be mounted to the side of the
signal cabinet (see Figure 5). This external cabinet shall conform
to the following specification. for the construction and finish of
the cabinet.
0,
28
u
AGENDA ITEM NO.
PAOE ,~t)
C#
OF ,')1')
(a)/ Hous:ing Package The housing 'shall include, but not be
limited to, the following:
("\ · Aluminum Surfaces
· Enclosure & Doors
. Gasketing
· Door Latches & Locks
. Ventilation
· Door 'Hinges & Catches
(b) Housing ConstrUction The housing 'shail be aluminum' and
rainpr'oof. It shall have one door, equipped' wi th a lock and handle.
The enclosure top shall be 'inclined ~o prevent standing water. ,The
aluminum surface shall be unfinished.
~. !
r"( ,
(1) Material. 'l'bickness - The, enclosure, door;' gasket channels"
spacer supports, al}d all supportswe.lded to the enclos,un;' and, doors
shall be fabricated of 3.175mm (0.125 inch) minimum 'thickness
aluminum sheet. The filter shell, filter trough, and fan support
shall be fabricated of 2.032mm (0.080 inch) minimum, thickness
aluminum sheet. The spacer 'suppo~ts ,shalI have the '-bptionto, use
1.5mm' (0.059 inch) minimum stainless 1';teel "heet.' , ,
, , , .
(\
, ,
, '. . .
(2) We~ds- All exterior seams 'for enclosure and doors shall be
continuously welded and shall be smo6t~. All edges shall be filled
to a radius of 0.794mm (0.03125 inch) minimum. Exterior cabinet
welds shall be done by gas Tungsten arc TIG process only. ER5356
aluminum alloy'biue welding electrodes conforming to A WS A5.10
requirements shall' be used' for welding on' aluminum. Procedures,
we],ders and welding operators shall' .conform' to the ~equirements,
ahdJpractices in AWS B3.0 and C5.6 for aluminum. Internal cabinet
welds shall be done by gas metal arc MIG or gas Tungsten arc TIG
Process.
ATTACHMENT "A"
ATTACHMENT "A" A-10
(3) Enc~osure Door Frames and Door Sea~s - The enclosure door
frame shall be double flanged out on all four (4) sides and shall
have strikers to hold tension on and form a firm seal between the
door gasketing and the frame. The dimension between the door edge
and the enclosure external surface when the door is closed and
locked shall be 3.9624 :tb.0~2mm (0.:156'inch). ' ", ,
(c) Gasketing - Gasketing shall be provided or1', all door, openings
and shall be dust-tight., Gaskets shall be '6. 35mm (0.25inch)
minimum thickness closed cell neoprene 'or' silicone (BOYO R108480,
or equal) and shall be permanently bonqe~ to' the metal. A gasket
top channel shall be provided to support., the top gasket on' the,
door to prevent gasket gravitational fatigue. '" '
(\
29
AGENDA ITEM NO.
PAOe \ "3J
&
Of .s e:i
~
(d) Door' Latches and Locks The latching handle shall have
provision for padlocking in the closed position. Handle shall be
19.05mm (0.75 inch) minimum diameter stainless' steel with a
minimum of 12. 7mm (0.50 inch) shank. The padlocking attachment U
shall be placed at 101.6mm (4 inch) from the handle shank, center
to clear the lock and key. An additional 101. 6mm (4 inch) minimum
gripping length shall be provided.
(1) Latch/Lock Mechanism - The latching mechanism shall be a
three-point draw roller type. The pushrods shall be turned
edgewise at the outward supports and have a cross
section of 6.35mm (0.25 inch) thick by 19.05mm (.0.75 inch) ,wide
minimum. Rollers shall have a minimum diameter of 22.225mm (0.875
inch) with nylon wheels and steel ball bearings. When the door is
closed and latched, the door shall be.locked. The lock and lock
support shall be rigidly mounted on the door. In th'e locked
position, the bolt throw shall extend a minimum of 6.35 t
0.79375mm (0.25 to. 03125 inch) into the latch Cam area. A seal
shall ,be provided to prevent dust or water entry through the lock
opening.
(2) Locks & Keys -' The locks shall be Corbin 2 type. One key shall
be supplied with each lock.. The keys shall be removable, in the
locked position only. The locks shall' have rectangular, spacing
loaded bolts. The bolt shall have a 7.1374mm (0.281 inch) throw
and shall be 19.05mm (0.75 inch) wide by 9.525mm (0.375, inch)
thick. Tolerance is to.899mm, (0.035 inch). .
(3) emu' - The center latch cam shall be fabricated of mlnlmum
tl1ickness 4.7625mm (0.1875 inch) aluminum.. The bolt surface shall
horizontally cover the earn thickness. The ,earn shall' be structured
to only allow the door to open when the handle is moved toward the
center of" the door. '
u
,
(e) Housing Ventilation Shall including intake, exhaust,
filtration, and continuous running fan assembly.
(1) Intake & Fi~ter - The louvered vent depth shall be a maximum
of 6.35mm (0.25 inch).
ATTACHMENT "A"
ATTACHMENT "AU A-II
A removable and reusable air filter shall be housed behind the
door vents. The filter filtration area shall ,cover the vent
opening area. A filter shell shall be provided that fits,over the
filter providing mechanical support for the filter. The shell
shall be louvered' to direct the incoming air downward . The shell
sides and top. shall be bent over a minimum of 6. 35mm (0.25 inch)
to house the filter. The filter resident in its shell shall be
held firmly in place with a bottom trough and spring loaded upper
U
30
ACENDA ITEM NO.
PAClI! . ~
(0
OF .5'2..
n
clamp. No'incoming air shall bypass the filter. The bottbm filter
trough shall be formed into a waterproof sump with drain holes to
the outside housing. The filter shall be 406.4mm (16 inch) wide by
304.8mrn (12 inch) high, by 22.225mm ,(0.875 inch) thick. The filter
shall be an ECOAIR Product E35S or equaL ,The intake, (including
filter with shell) and exhaust areas shall pass a minimum of 26
cubic feet of air per'minute., ..
(2) Fan - Electric fan shall b'e equipped with baIlor roller
bearings and with a capacity of at, least 100 cubic feet of free
air delivery per minute. The fan shall be mounted within the
housing and vented.
(f) . Door Catch~s - Front, and rear doors ,shall, be provided with
catches to hold the door, open at ,both 90 and l65,IlO degrees. The
catch minimum diameter ,shall be 9.525mm ,(0.375 inch) aluminum
rods. Th~ catches shall be capable ,of holding the door open at 90
degrees in a 60 mph wind acting at an angle perpendicular to the
plane of the door.
3.2.3 When the external ~abinet is mounted to the signal cabinet,
a minimum of six bolts shall be used.
3.2.4 The dimensions of the external cabinet shall be as shown in
Figure 4.
n
3.2.5 External cabinet fan shall be AC operated from the same line
output of the Manual ,Bypass ',Switch that supplies power' to, the'
signCiI cabinet.
3.2.6 The BBS with external cabinet shall come ,with, all bolts,
conduits and bushings, gaskets, shelves, and hardware needed for
mounting.
.
3.3 WIRING,
Battery Backup System wiring shall be terminated in, the' signal
cabinet as required to achieve the specified operation as
described in these Special and Technical Provisions and as
directed by the signal technician or 'controller/BBS manufacturer's,
representative., '
, ,
4.0 MAINTENANCE, DISPLAYS, CONTROLS, AND DIAGNOSTICS
4.1' The B~p shall include a, bClcklit LCD display
programming, keypad capable of providing ,real time
including input/output status,' battery percentages,
load status, and time/date stamp pf events.
,and -local'
information
online and
4.2 The BBS shall have lightning surge protection compliant with
IEEE/ANSI C.62.41.
n
31
ACENDA ITEM NO,
PAC! (jj
~
OF -1'1
ATTACHMENT "A"
ATTACHMENT "A" A-12
4.3 The BBS shall be equipped with an integral system to prevent U
battery from destructive discharge and overcharge. .
4.4 The BBS and batteries shall be easily. replaced. with all needed
hardware and shall not require any special tools for installation.
4.5 The BBS shall include an RS-232 serial port to provide remote
communications and a fully interactive program with . built-in
Windowsm-compatible software and serial cable. The program shall
be capable of providing status reports regarding BBS operations.
4.6 Manufacturer shall include a set of equipment lists, operation
and maintenance manuals, and board-level schematic and wiring
diagrams of the BBS, and the battery data sheets. Manual shall
conform to TEES March 29, 2002, Chapter 1, Section 1.2:4.2..
5.0 BATTERY SYSTEM
5.1 Individual batteries shall be 12V type, ~05 amp-hour maximum,
and shall be easily replaced and commercially available' off the
shelf. .
5.2 Batteries used for BBS shall consist of 4 batteries with a
cumulative minimum rated capacity of 420 amp-hours.
5.3 Batteries shall be deep cycle, sealed prismatic lead-calcium
based AGM/VRLA (Absorbed Glass Mat/ Valve Regulated Lead Acid). U
5.4 Batteries shall be certified by the manufacturer to operate
over a temperature range of '-250C to +740C. .
5.5 The batteries shall be provided with appropriate interconnect
wiring and corrosion resistant mounting trays and/or . brackets
appropriate for the cabinet into which they will be installed.
5.6 Batteries'shall indicate maximum recharge data and recharging
cycles.
5.7 Battery interconnect wiring shall. be via modular 'harness.
Batteries shall be shipped with positive and negative terminals
pre-wired with red and black cabling that terminates into a
typical power-pole style connector. Harness shall be equipped with
mating power-pole style connectors for batteries. and a single,
insulated plug-in style connection to inverter/charger unit.
Harness shall allow batteries to be quitkly and easily connected
in any. order and' shall be keyed and wired to .ensure proper
polarity and circuit configuration.
5.8 Battery terminals shall be covered and insulated so as to
prevent accidental shorting.
u
32
ACENDA ITEM NO. (,0
:'PAO!4-Of ,'}~
ATTACHMENT "A"
ATTACHMENT "A" A~13
(\ 6.0 QUALITY ASSURANCE
6.0.1 Each BBS shall be manufactured in accordance with a
manufacturer Quality Assurance (QA) program. The QA program shall
include Production Quality Assurance procedures. The Production QA
shall include statistically controlled routine tests to ensure
minimum performance levels of BBS units built to meet this
specification and a documented process of how problems are to be
resolved.
6.0.2 QA process and test results documentation shall be kept on
file for a minimum period of seven years.
6.1 PRODUCTION QUALITY CONTROL TESTING
6.1.1 Production Quality Control tests shall consist of all of the
above listed operational specifications and shall be performed on
each new system prior to shipment. Failure to meet requirements of
any of these tests shall be cause for rejection. The manufacturer
shall retain test results for seven years.
6.1.2 Each BBS shall be given a minimum 100-hour burn-in period to
eliminate any premature failures.
(\
6.1.3 Each system shall be visually inspected for any. exterior
physical damage or assembly anomalies. Any defects shall be cause
fo.r rejection.
7.0 FUNCTIONAL TESTING
The Contractor shall arrange to have a signal t~chnician and/or
BBS manufacturer's representative, qualified to work on the
controller/BBS and employed by the controller/BBSmanufacturer or
his representative, present at the time the equipment is turned
on. This technician and/or representative shall be present during
the first day of the functional test and upon completion of field
installation. A functional test shall be completed in which it is
demonstrated that each and every part of the system functions as
specified or intended. The test maycornrnence. only with the
approval of the Engineer and in the presence of a signal
technician and/or controller/BBS manufacturer's representative
knowledgeable in providing direction as to the exact wiring
connections for both the BBS system and the existing or new
traffic signal cabinet.
B.O WARRANTY
Manufacturers shall provide a two (2) year factory-repair warranty
for parts and labor on the BBS from date of acceptance by the
Ci ty. Batteries shall be warranted for full replacement for two
(\
33
,AC~NDA ITEM NO.~
. PAce /50 OF, '15
(2) years" from date of purchase. The warranty shall be included in
the total bid price of the BBS.
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34
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ATTACHMENT "A"
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BBS Cabinet Installation
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BID FROM
sniINY AND COMPANY
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ACENf)AITEM.NO.~__
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PAGE 12/42
TO ACCOMPANY BID SUBMITTAL
BATTERY BACKtJP SYSTEM :roR TRAJiFIC SIGNALS
PROPOSAL
Name of. Bidder
STEINY AND COMPANY.1Nc.
12907 E~~ Ga..&y Avenue
P.O. Box 8100
Baldv.in Park, CA 91706-0993
Calite,rnia
Address of Bidder
To: City of Lake Elsinore,
The undersigned bidder, in accordance ,lith the city'.s Notice
Inviting Bids, hereby proposes to furnish .all materials,
equipment, tools, labor, ",nd incidentals required for the above-
stated project as set forth in .:he Plans, Specifications, and
Contract documents therefore to perform all work in the manner and
time prescribed therein. 'i'he attached Bid Schedule is hereby I1lade
a part of this proposal.
u
The undersigned bidder declares ttat this proposal is based upon
careful examination of the work site, Plans, Specifications,
Instructions to Bidders, and all other Contract. documents. If
this 'proposal is accepted for award, bidde~ agrees to ent~r into a
C0Ptra,.,t with the City at the unit and/or lump. sum ptices set
forth in the following bid schedule. 3idder understands that
failure to enter into a Contract and furnish bonds in the manner
and time prescribed will result in forfeiture to the Cit;y of the
guarantee accompanying this proposal.
The undersigned bidder certifies, that this proposal is' made in U
good faith, without co.llusion or c.onnection wlth any oth'i'r person
Dr persons biddi~g 0~ t~~ ~0~k.
. .
The undersigned bidder understands that the City CounciL reserves
the right to accept or reject any or aLL proposals or 'to waive.
formality or technicality in any proposal in the interest of the
Aqency.
STEINY AM> COMPAm, me.
Name of. Bidder
~
Signclture of Bidder:
RIcherd Teeo....~
Print Name
Vice f'resIdent
Title
.L.l.
~(iENDA ITEM NO.
PAC! if'!
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PAGE 13/42
TO ACCOMPANY BID SUBMITTAL
BID' SCHEDULE.
BMTERY'.BACKtJP SYSTEM' FOR 'l'RAE'FIC SIGNALS
Item
Description
. Total
Amount
Cost Each
1. Furnish and Install fifteen traffic
signal battery backup systems on
existing traffic signals
$: ~ <g7/.f!)O
Total cost ~n words4L~~fF~
NOTE: All work to be done in accordance with City' of Lake
Elsinore Ordinances, Standard Specificat.ions for Public, Works
Construction, and City Engineer direction. All work is subject'to
.inspection by City Inspector.
$ :7~,C>G'6'.l1t'
AI.SO, quantities shown shotildbe 8c::curate; "however. any chimqe in
quantities ,will ,be adJusted on a per unlt~ost baS1S as Shown
above.
The' Undeisigned has checked carefully all of the above figures and
understands that the City will not be responsible for any. error or
0missi0!"!~ Or'! ""\"lp p~rt: of t.he Undersigned L'1 making. up this bid.
S'l'E1N!' 1lND COMPAlU,1NC.
Name of Vendor
~.
Signature of Bidder
. R"""nfT~
Print Bidder ame Here:
12
J\O~DA ITEM NO.
, PAC! Lftl>)
(p
OF ,f)f;)
-
04/06/2005 08:58
9094711251
PUBlICWORKS
PAGE 14/42
TO ACCOMPANY BID SUBMITTAL
SIGNATURE PAGE
u
:[Jr A SOLE OWNER OR SOLE CONTRACTOR, SIGN HlffiE:
1. Name under which ousiness is conducted
. c'
2. Signature (Given and 5urnarne) e.f propr::etor
3. Place of Business
\ :.
{StL"cGt: <5.rLd Ni,;...u~er)
City and State
4. Telephone Number
IF A PARTNERSHIP, SIGN HERE;
1. Name under which business is cen~ucted
Zip Code
2. Name of each member of Partnership (indicate cJ).aractei: of each
partner, either general or special [limited]).,
u
3. Signature (Given and surname and character of part net. Note;
Signature must be made by a general pclrtner)
,
4. Place of Business
(Street and Number)
City and State
Zip Code
5. Telephone Number
14
u
Ati~DA ITEM NO. ~
PACI-#-OF .5'1
(\
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04/06/2005 08:58
9094711251
PUBlICWffiKS
PIIGE 15/42
TO ACCOMPANY BID SUBMITTAL
CITY OF LAKE E~SINORE, CA
NON-COLLUSION I)ECLARNIION
-(Public Contract Code Section 7106)
I,
Richard Tesoriero
(Name)
Vice President
(Title)
making the foregoing -hie] for
, do hereby -declare that I am
of - STEIN!' JmD_~J1IIQ
(Contractor}
the construction'referred
the
the party
to as:
BATTERY BACKUPSYSn:H FOR TRAFFiC SIGNALS
and that the bid is not made in the interest of, or on behalf of,
and undisclosed person, partnership,. company, ass9ciation,
organization, or corporation; that the bid is genuine; and not
collusive Or sham; that the bidder has not_ directly or ipdirectly
_ induced or solicited any other bidder to put in ;:I. fals~ or sham
bid, and has not directly or indirectly colluded, cbnspired,
connived, or agreed with any bidder or anyone else_ to 'put in a
sham bid, or that anyone shall refrain from bidding; - t.hat the
_bidder has not ;en any manner, - directly 0;, indirectly, sought by
agreement, communication, .or confer-ence with anyone to fijc the bid
price of the bidder or any other t,idder, :>r to fix any overhead,
profit, or cost element of the bid price, or of that of any other
bidder; or t:0 ~~~nrA ~ny ~rlv~n~~l]e. ~_'];I.tr'~t the. Pl'b:lic b~dy
awarding the Contract of anyone, interosted in the: proposed
Contract; that all statements contained in the bid are t:j:ue; and,
further, that the bidder has not, directly -or in~lirectly,
submitted his or her bid price or any breakdown thereof, or the
contents thereof, or -divulged information or--data'relative
thereto, or paid, and will not pai', any :~e to any corporation,
partnership, company association, c.rganizat:ion, bid _ depository, or
to any member or agent thereof to effectuate a collusive or sham
bid.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STArE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
~dw.M\ -Pm.te GA
PLA E :
..Ap>u J I d b ;Aro 2
ATE'
~
SIGNATURE
RI~i\t,!~
ll"1..l'jc.
16
ACENDA ITEM NO. ~
· PAClI~OF .11)_
04/06/2005 08:58
9094711251
PUBLIO>JORKS
PAGE 16/42
""~ ?\,...r-or......T:\?l1.1V T"lT" nr'YT"l".TrT.....'7\T
..LV r1.\....'-VI-.Jl..c~n.1. U,J..U vVJ.Jl.l..l...........('U"j
CITY OF LPll~ ELSINOF.E
u
DESIGNATION OF SUBCONTRA.CTORS
The undersigned certifies that he :)r she has used. the sub-bids of
the following listed subcontractors in ma:dng up his bid for the
construction referred to as:.
BATTERY BACKUP SYSTEN JroR TRAP'FIC SIGNALS
and that the ~ubcontractors listed will be used
they bid, subject to the appro",al of the
accordance with the applicable prO'llision 0:: the
for work for which
Engineer,: and in
SpecificCltions.
Bid Item
Number
"Subcontractor
Address/Telephone
u
,
STEINr AM> (:OMJ>Am, me
Nmne of Contractor
--?d?~
Signature of Bidder
RIchard T8SOlfer!)
Name
Vice President
Title.
17
u
AGENDA ITEM NO. 1.1 I
. PAO! --fl..-= OF ,') t) = i
n
(\
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04/06/2005 08:58
9094711251
PUBLICWORKS
TO ACCOMPANY B~[).~UBMI~TAI.
'.\
. CITY OF LAKE ELSINOF.E
DECL1\.RA.TION REGARDIKG LICENSE STATUS
-;'-',1
PAGE 17/42
I do hereby declare that our/my Contractor's license is
ST'BlNYAM>COMPAlU,lNC and expires on 0:5-31-65
~rue and correct.
1 declare under penalty ot perjury .that th'~ foregoing is '." .'
Executed this ~
at ~d 1I)~ -PaM:
~
day Of-ApW
California.
,20..D5.. .
Signature
Printed Name RfchardTesorJero
'l'i i-1 " Vice President
Signing on behalf of
(; -F ?PpJ i":~~.bl~)
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18
ACfNDA tJEM No. &;
. PAO!~OF Sf)-
04/0&/2005 08:58
9094711251
PUBLICWORl<5
PAGE, .18/42
TO ACCOMPANY BID SUBMITTAL
I
LIST OF REFERENCES
BA1'TERY BACKUP SYSTEM FOR 'mM'FIC SIGNM.S
REFERENCES
The followiri'g are the names, addresses, and telephone nurilbers for
three (3) public agencies for which BIDDER has performed similar
work within the past two(2) ,years:
1. QQ.Q. ~ -\tC\d\Qd
&uu
Name and l\,ddre.ss of Ol<ner
Name and Telephone Number of Person Familiar with project
Contract Amount
Type of Work
Date C9mpleted
2.
Name and Addre.ss of Ol<ner
Name and Telephone Number of' Person Familiar with Project
Contract Amount
Type of Work.'
Date Completed
3.
Name and Addre:ss of a",ner
Name and Telephone NlJmber-6t'-Person-Familiar with Project
Contract Amount
Type of Work.
'Date Completed
. n
~~
AGENDA ITEM NO.
PAO! Py{)
~
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Major Construction projectS in progress as of this date:
(',
, Owner
Project Location.
Valuation
Contact Person ^ .
. Tel
-'! ,
Owner
Project Location
Valuation
Contact Person
Telephone No..
Owner
Project Location
Valuation
Contact Person
Telephone No.
CitY of Pasadena
Fair Oaks Corridor,Transportation
1,814,489.00
Dave Ortega
626f744-4312
City of Rancho Cucamonga
Traffic Signal Interconnect for Base Une Road
1,091,488.00
Jim Harris or Rick Jay
9091477-2700
,'.
Alameda Corridor East
Nogales Street Grade Separation Project
807,000.00
Jose Martin or Orlando luna (Brutoco Engineering)
9091350-3535
Construction projectS completed as of this date:
n
Owner
Project location
Valuation
Contact Person
Telephone No.
Owner
Project Location
Valuation
Contact Person
Telephone No.
Owner
Project Location
Valuation
Contact Person
Telephone No.
(',
LA County DepL of P.W.
Golden Springs
218,846.00
Cliff Craig
6261712-3084
City of Los Angeles
San Diego Frwy Cohidor
10,261.000.00
Mehrdad Moshksar
213/978-0252
Newhall land.
Juniper & SHver Aspen Way, City of Santa Clarita
242.784.00
Terry MOler
661/255-4000
More AvaOable upon Request
AGENDA ITEM NO.
PAC! ..5)
~
OF 55
TO ACCOMPANY BID SUBMITTAL
The Undersigned has checked carefully. ,all of the above figures and
understands that the City will 'not be responsible for any: error or U
omissions 'on the part of. theUndendgned in ,making up this bid.
The Undersigned' bidder d.ecIBrps._ linder penalty or. perjtiry, that
they are--licensed to' do business or -ac1: in the capacity of a
contraotor within" the -State of California and that they are
validly licensed as follows:
License Number:
State License No. 161273
Class A. B. c,.Z & c,w
Classifj,cation:
Expiration-'Date.:
D5- :-)1::_05
This statement is true and correct and haa the legal effect of an
affidavit.
, '0-;1
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13
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~\TEMNO,
PAC! \ '59l
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TO ACCOMPANY BID SUBMITTAL
IF A CORPORATION, SIGN HERE:
1. Name under which bUBiness is conducted
STEINf AM> COMitAN\l, lNC
2. Name of each officer of corporat:ion (indicate office)
Chairman
Pres;,trlf:mt
Vice President
Secretary
J.O.S~
l':1I""n Stel"lf
RIchard T8lWrlerO
Gayle C. KaDP"'fmen
3. Signature {Given and surname and title ,jf officer authprized to
sign for the Corporation'
.~
Rlc:hllll TesorIeIo, VIce Preslcient
(Impress Corpc:.rate Seal here,
. 4. Incorporated under the laws of the State of
STEINY AND COMPANY, JNe.
S. Place of Business 1'907EIlStGIMIJ'~
PO Box810Ct':H:reet and
City and State Baldwin Pa.k. CA !l17tltMl993 '
r .uli+l)J\ r) \ G..
Number)
Zip. Code
6. Telephone Number
~~
15
AOiN9A ITEM NO.
PAC! , t)3
~
Of .!X)/
"
, ,
BID FROM
REPUBLIC ELECTRIC
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AGENDA ITEM NO.
PAae+OF
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Republic
Electric
CA Ue:647154
April 14, 2005
City of Lake Elsinor
521 N. Langstaff
Lake Elsinor, CA 92530
Job Name: Battery Backup Systems and Cabinets
Job Location: 15 Intersections
To Whom It May Concern:
We offer to perform the following wolk, on the terms and conditions stated below, and at the prices shown,
as follows:
Furnish and install fifteen Calttans approved battery backup systems and cabinets. The BBS's meet or
exceed the requirements of the City specifications. Lead time on the materials is four to eight weeks.
Labor, Material, & Equipment...... $5,o5D. D. Each
Labor, Material, & Equipment...... $ 15;7Sl>.<>O Total
This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time prior thereto
with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms,
conditions and warranties and when accepted, constitutes the entire contract between the parties. The
resulting contract shall not be modified except by formal written amendffient. This offer shall be accepted by
delivery to us of a copy of this offer duly signed by you in the space provided.
The foregoing offer is hereby accepted this
day of
,2005.
CITY OF LAKE ELSINOR
REPUBLIC ELECfR1C
Q=::er~~
By:
Title:
"VP Engineering
l?
OF j~
(415) 898-8897
ACilNDA ITEM NO.
PACE 515
Novato, CA 94945-4114
Fax (415) 898-9477
7120 Redwood Blvd.
.
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
, ;
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MAY 10,2005
SUBJECT: FEE DEPOSIT AND REIMBURSEMENT AGREEMENT
WITH CASTLE & COOKE ALBERHILL RANCH, LLC
BACKGROUND
On January 17, 2004, City Council approved the Final tract maps for the Alberhill
Ranch development. The City's finance team has met with the developer and their
n finanCial consultants to discuss the formation of a Community Facilities District for
the project.
DISCUSSION
'$<
Deposit and Reimbursement Agreement
According to the City's policy on forming CFD's and,in according to the Mello-
Roos Community Facilities Act of 1982, the City Council may approve an .
agreement to receive a deposit for the cost incurred by the City in creating the CFD
and issuing special tax bonds. The developer has already submitted a deposit of
$50,000 per the agreement.
Fee Deposit and Reimbursement Agreement
n
Development costs are only eligible for reimbursement with CFD funding if paid
after the bonds are issued. Given the nature of the proposed reimbursable costs and
the timing of when bonds will be issued, a Fee Deposit and Reimbursement
agreement is necessary for the fees to be reimbursed from the CFD bond proceeds.
Under the agreement, the City will hold as a fee deposit, the equivalent amount of
the developer fees. The City will be paid the developer fees from the future bond
,
AGENDA ITEM NO. 7
PAGE.-l-OF.-l7
REPORT TO CITY COUNCIL
MAY 10, 2005
PAGE 2
proceeds and the deposit collected from the developer would be, reimbursed to the
developer. If the bonds do not go forward, the fee deposit will be released to the
City. _
FISCAL IMP ACT
The administrative cost to the City will be paid by the $50,000 deposit.
RECOMMENDATION
It is recommended that City Council approve the Deposit and Reimbursement
Agreement and the Fee Deposit and Reimbursement Agreement with Castle &
Cooke Alberhill Ranch, LLC. :,
"
..!; '\
PREPARED BY:
~~ k'if?~
MATT N. PRESSEY ~
DIRECTOR OF ADMIN~STRATIVE SERVICES
,-, .
APPROVED FOR. '
AGENDA BY:
,f
AGENDA ITEM NO.
PACE a
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OF ..J 7
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DEPOSIT AND REIMBURSEMENT AGREEMENT
. THIS DEPOSIT AND' REIMBURSEMENT 'AGREEMENT' (this "Deposit
Agreement"), dated as of , 2005 for identification purposes only, is by and
between the City of Lake Elsinore, California (the "City") and Castle and Cooke Alberhill
Ranch, LLC, a California limited liability company, (the "Owner").
, RECITALS
, .
WHEREAS, the City has detennined to initiate proceedings to create a
coml11linity facilities district designated "City of Lake Elsinore Community Facilities District
No. 2005-2" (the "Community Facilities District") under the Mello"Roos Community Facilities,
Act of 1982 (the "Act"); '"
. WHEREAS, Owner is the owner of the real property within the proposed
Community. Facilities District; ''',
, .;
WHEREAS, in accordance with City;s policy regardingus~:of the'Act, th~
Owner is required to compensate the ,City for all ,costs incurred i~ithe ,fonnation'.'ofthe
Community Facilities District and issuance of bonds for the C()mmunity Facilities District;
(\
. , , . . .;'.....
WHEREAS, Section 53314,9 of the Act provides'that, at any time either)efore ,
or after the fonnation of a community facilities district, the legislative body may accept advances '
of funds from any source,' including, but not limited to, ,private persofls ,or private entities and
may provide, by resolution, for the use of those funds for any authorized purpose, including, but'
not limited to, paying any cost incurred by the local agency in ~reating a community facilities
district (including the issuance of bonos thereby); "
,. -. -, '. ."" ,...
\VHEREAS, Section 53314.9ofthe Act further provioes that the legislative body
may enter into an agreement, by resolution, with the person or entity advancing the' funds, to
repay all or a portion of the funds advanced, as detennined by the legislative body, with or
without interest, under all of the following ,conditions: (a) the proposal to repay the funds is
included in both the resolution, of intention to establish a community facilities district adopted
pursuant to S~ction 5352 I or'the Act ,and in the resolution of fonnation to establish die
community facilities district pursuant to ,Section 53325.1 of the Act (including the issuance' of
bonds thereby), (b) any proposed special tax is approved by the" qualified electors of the
community facilities district pursuant to the A~t, and (c) any agreement shall specify that if ihe
qualified electors ofthe community facilities district 00 not approve the proposed special tax, the
local agency shall return any funds which have not' been committed for any authorized purpose
by the time of the election to the person or entity, advancing the funds; I,lnd i
(\
, . . .., i
WHEREAS, the City and the Owner desire to enter into this Deposit Agreement
in accordance with Section 53314.9 of the Act in order to provide for the ~dvancement of funds
by the Owner to be used to pay costs incurred in connection ';Vith the fonnation of the
Community Facilities District and issuance of special tax bonds for the Community Facilities
. . ,'. '. .
45353081.3
AGENDA ITEM NO,
PAGE ~
7
OF...J 7
District (the "Bonds"), and to provide for the reimbursemel)t to the Owner of such funds
advanced, without interest, from the proceeds of any Bonds;
" NOW, THEREFORE,. for and in consideration of the mutual promises and
covenants herein contained, the parties hereto agree as follows: '
The Deposits and Application'Thereof.
(a) The Owner has previously deposited with the City the amount of $50,000
(the "Initial Deposit"). The City, by its execution hereof, acknowledges receipt of, and accepts,
the Initial Deposit.
Section 1.
(b) The Initial Deposit, together with any subsequent deposit required to be
made by the Owner pursuant to the terms hereof (collectively, ,the "Deposits"), are to be used to
pay for any costs incurred for any authorized purpose in connection with the formation of the
Community Facilities District and the issuance of the Bonds (other than costs, fees and expenses
to be paid out of the proceeds, of the Bonds),' including,. without limitation, (i) the fees and
expenses of any consultants to the City employed in connection with, the' formation' of the
Community Facilities District and the issuance of the Bonds, including an engineer, special tax
consultant, financial advisor, bond' counsel and any other consultant deemed necessary or
advisable by the City, (ii) the costs of appraisals, market absorption and feasibility studies and
other reports deemed necessary or advisable by'the City in connectiori with the formation of the
Community Facilities District and issuance ofthe Bonds, (iii) the costs of publication of notices,
preparation and mailing of ballots and other costs related to any hearing, election or other action
or proceeding undirtaken in connection with the formation of the Community Facilities District
and issuance of the Bonds, (iv) reasonable charges for City staff time incurred in connection with
the formation of the Community Facilities District and the issuance 'of the Bonds by the
Community' Facilities District,' including a reasonable allocation of City overhead expense '
related thereto, and (v) any and all other actual costs and expenses incurred by the City in'
connection with the formation of the Community Facilities District and the issuance ofthe Bonds
(collectively, the "Initial Costs"). The City may draw upon th'e Deposits from time to time to
pax the InitialCosts. " " '" . ' : '
(c) If, at any time;the unexpended and unencumbered balance ofthe Deposits
is less than $10,000, the City may request, in writing" that tlie Owner make an additional deposit'
in an amount estimated to be sufficient, together with any such unexpended and unencumbered
balance, to pay for all Initial Costs. The Owner shall make such 'additional deposit with the City
within'two weeks of the receipt by the Owner of the City's written request therefor. If the
Owner fails to make any such additional deposit within such two week period, the City may
cease all work related to the issuance of the Bonds. " , ' "
Ii,
, ,
(d) The Deposits may be commingled with other funds of'the City for
purposes of investment and safekeeping, but the City shall at all times maintain records as to the
expenditure of the Deposits.,',
(e)' The City shall provide the Owner with a written monthly summary of"
expenditures made from the Deposits, and the unexpended balance thereof, within ten business,
AOENDA ITEM NO.
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days of receipt of the City of a written request therefor submitted by the Owner. The cost of
providing any such summary shall be charged to the Deposits; .
('\
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Section 2. Retnrn of Deposits; Reimbnrsement.
(a) As provided in Section 53314.9 of the Act, the approval by the qualified
electors ofthe Community Facilities District of the proposed special tax to be levied therein is a
condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto.
Therefore, if the qualified electors of the Community Facilities District do not approve the
proposed special tax to be levied thereon, the City shall have no obligation to repay the Owner
any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with
Section 53314.9 of the Act, if the qualified electors of the Community Facilities District do not
approve the proposed special tax to be levied therein, the City shall return to the Owner any
portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the
time of the election on said proposed special tax.
. . . .
. ., .
(b)' If proceedings for the issuance of the Bonds' are terminated, the City shall,
within ten business days after official action by the City or the Community Facilities District to
terminate said proceedings, return the then unexpended and unencUmbered portion of the
Deposits to the Owner, without interest.
(c) If the Bonds are issued by the Community Facilities District, the City shall
reimburse the Owner, without interest, for the portion ofthe Deposits that has been expended or
encumbered, said reimbursement to be made within ten business days after the issuance of such
Bonds, solely from the proceeds of such Bonds and only tO,the extent otherwise permitted under
the Act. The City shall, within ten business days after the issuance of such Bonds, return the
then unexpended and unencumbered portion of the Deposits to the Owner, without interest.
,
Section 3. .Abandonment of Proceedinl!s.. The Owner acknowledges and agrees that
the issuance of the Bonds shall be in the sole d.iscretion of the Community Facilities District. No
provision of this Deposit Agreement' shall be construed as an agreement, promise or warranty of
the City to issue the Bonds. '.' . .. .
Section 4. Deposit Al!re~meDt Not Debt or Liabilitv of City. As provided in
Section 53314.9(b) of the Act, this Qeposit Agreement does not constitute a debt or liability of
the City; but shall constitute. a debt and . liability of the Community Facilities District upon its'
formation. The City shall not be obligated to advance any of its' own funds to pay Initial Costs or
any other costs incurred in connection with tlie issuance of the Bonds. No member of the City
Council of the City and no officer, employee or agent of the City shall to any extent be
',i . .
personally liable hereunder. . .,' '. . . .' ...
. .
_' Section 5. NotiCes. Notices, bemal1ds and Co~munications Between the Parties. -Any
notices, requests, demands, docurnents, approvals or disapprovals given or sent under this : .
Deposit Agreement from one Party to another (collectively, "Notices") may be personally
delivered, transmitted by facsimile (FAX) transmission, or deposit with the United States Postal
Service for mailing, postage prepaid, to the address ofthe other Party as stated in this Section,
and shall be deemed to have been given or sent at the time of personal delivery Or FAX
- , . .
ACENDA ITEM NO.
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transmission or, if mailed, on the third day following the date of deposit in the course of
transmission with the United States Postal Service. Notices shall be sent as follows: '
!fto City:
City of Lake Elsinore
Attn:, City Manager
130 S. Main Street
Lake Elisnore, CA 92530 '
,FAX No. (90,9) 674-239,
i
With copies to:,
Van Blarcom, Leibold, McClendon & Manri, P.C.
Attn: Barbara Zeid Leibold, City Attorney,
23422 Mill Creek Drive, Suite 105 ' .
Laguna Hills, CA 92653
FAX No. (949) 457-6305
, !
, Ifto Owner:
Castle & Cooke Alberhill Ranch, LLC '
Attn: MJ. "Tom" Tomlinson
17600 Collier AveilUe, Suite CI20
Lake Elsinore, CA 92530.
FAX No. (951) 245-7801
,
Each such notice, statement, demand, consent, approval, authorization, offer, designation,
request or other communication hereunder shall be deemed' delivered to the PartY'to whom it is
addressed (a) if pe~sonally served br delivered; upon delivery; (b) if giveri by electronic'
communication, whether by telex, telegram or telecopier upon the sender's' receipt of an
appropriate answerback or other written acknowledgement, (c) if given by registered or certified
mail, return receipt requested, deposited with'the United States mail postage prepaid, 72 hours
after such notice ,is deposited with the United States mail, (d) if given by overnight courier, with
courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any
other means, upon delivery at the address specified in this' Section. "
, 1 ~ .
'Section 6. California' Law: This Deposit Agreement shall be governed and construed
in accordance with the laws of the State of California. The Parties shall be entitled to seek any
remedy available at law and in equity.. All legal actions must be instituted in the Superior Court
of the County of Riverside, State of California, in an appropriate municipal court in Riverside
County, or in the United States District Court for District of California in which Riverside
County is located. .' '
Section 7 Successors and Assiens. This Deposit Agreement shall be binding upon and
insure to the benefit of the successors and assigns of the parties hereto. '
AGENDA ITEM NO.
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Section 8 Counterparts. This Deposit Agreement-may be executed in counterparts,.
each of which shall be deemed an original and all of which shall constitute but one and the same
instrument. .
;/.
Section 9. Other Aereements. The'o~ligations ofthe Owner hereunder shall be that of.
a party hereto. Nothing herein shall be.construed as affecting the City's or Owner's rights, or
duties to perform their respective obligations, under other agreements, use regulations or
subdivision requirements relating to the development.- This Deposit Agreementshall not confer
any additional rights, or waive any rights given, by either party hereto under any development or
other agreement to which they are a party. . .
Section 10. Titles and Captions. Titles and captions are for convenience of reference
only and do not define, describe or limit the scope or the intent of this Deposit Agreement or of
any of its terms. Reference to section numbers arii to sections in this 'Deposit Agreement, unless
expressly stated otherwise. ',. . .
. .,<
Section 11. Interpretation. As used in this Deposit Agreement, masculine, feminine or
neuter gender and the singular or plural number shall each be deemed to include the others where
and when the context so dictates. The word "including" shall be construed as if followed by the
words "without limitation." This Deposit Agreement shall be interpreted as though prepared
jointly by both Parties. "
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Section 12. No Waiver. A waiver by either Party of a breach of any of the covenants,
conditions or agreements under this Deposit Agreement to be performed by the other Party shall
not be construed as a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions of this Deposit Agreement.
Section 13. Modifications. Any alteration, change or nwdification of or to this Deposit
Agreement, in order to become effective, shall be made in writing and in each instance signed on
behalf of each Party.
Section 14. Severabilitv. If any term, provision, condition or covenant of this Deposit
Agreement or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Deposit Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable
to the fullest extent permitted by law.
Section 15. Computation of Time. The time in which any act is to be done under this
Deposit Agreement is computed by excluding the first day (such as the day escrow opens), and
including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is
also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 670 I
of the California Government Code. If any act is to be done by a particular time during a day,
that time shall be Pacific Time Zone time.
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Section 16. Leeal Advice. Each Party represents and warrants to the other the
following: they have carefully read this Deposit Agreement, and in signing this Deposit
Agreement, they do so with full knowledge of any right which they may have; they have
AC!NDA ITEM NO.
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received independent legal advice from their respective legal counsel as to the matters set forth
in this Deposit Agreement, or have knowingly, chosen not to consult legal counsel as to the
matters set forth in this Deposit Agreement; and, they have freely signed this Deposit Agreement
without any reliance upon any agreement, promise, statement or representation by or on behalf of
the other Party, or their respective agents, employees, or attorneys, except as specifically set
forth in this Deposit Agreement, and without duress or coercion, whether 'economic or otherwise.
.,"-\';"
Section 17 Cooperation." Each Party agrees to cooperate with the other in this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent ofthis Deposit Agreement
including, but not limited to, releases or additional agreements. '
Section 18. Conflicts of Interest., No member, official or, employee of City shall have.
any personal interest, direct or'indirect, in this Deposit Agreement, nor shall any such member,
official or employee participate in any decision relating to the Deposit Agreement which affects
his personal interests or the interests of any corporation, partnership or association in which he is
directly or indirectly interested.
[Signatures on following page)
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IN WITNESS WHEREOF, the Parties have executed this Deposit Agreement as of the
respective dates set forth below.
"CITY"
CITY OF LAKE ELSINORE, a municipal
. corporation
Dated:
,2005
By:
Mayor
ATTEST:
.>
VICKI KASAD, CITY CLERK
By:
VICKI KASAD
APPROVED AS TO FORM:
VANBLARCOM, LEIBOLD,
McCLENDON & MANN, P.C.
City Attorney
--),'"
By:
,
BARBARA ZEID LEffiOLD
"OWNER"
"
CASTLE & COOKE ALBERHILL
RANCH, LLC, a lifornia limited liability
company
Dated: if IN /05
,2005
By:
Dated:
Lf / ,q
,2005
rlin Jackson Tomlinson
ViCe[e ident - Land Developmen,t
OOj m. '.
By: .A~
Ken en
Vice President - General Manager
AGENDA ITEM NO. 7
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FEE DEPOSIT AND REIMBURSEMENT AGREEMENT
by and between
CITY OF LAKE ELSINORE
and
. "
CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability company
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relating to
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2005-2
(Alberhill Ranch)
. "
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45561982.1
AGENDA ITEM NO. 7
PACE~OF-.J7
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FEE DEPOSIT AND REIMBURSEMENT AGREEMENT
",
. ' " . . , . .
THIS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the "Agreement") is
, ,......
entered into effective as of the day of , 2005, by and between the CITY OF
LAKE ELSINORE, a city duly organized and existing under the laws of the St3t~'ofCalifornia
("City"); and CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability
company ("Property Owner"), and relates to the proposed formation by City of a community
facilities district to be known as "City of Lake Elsinore Community Facilities District No. 2005-
2 (Alberhill Ranch)" (the "CFD").
RECITALS:
. , " '.. . 1 :'1, . ."
A. The property described and depicted in Exhibit ~'A" hereto (the "Property") is
proposed to constitute the land within the boundaries of the CFD: '
B. ' ',- P;operty Owner intends to deveiop the Pr~perty for residential purPoses and has,
obtained the necessary development appro'lals to construct approximately 1,181 single family
residential units and 389 multifamily residential units on:theProperty; as such development may
be modified from time to time (the "Project"),
n
,'" ,C, The Project will require the payment, pursuant to the land use entitlements,
conditions of approval, existing City ordinances and resolutions and development agreement for
!Ind applicable to the Project (the "Project Conditions"), of certain City Fees (defined below).
,
D, ' In 'conjunction with the recording of the final subdivision map(s)' for,the Project,
applicable to issuance of grading permits and/or the' issuance, of building permits, for the,
construction of homes within the Project, Property Owner, or its successors 'or assigns, may elect' .
to provide a security, deposit to' cover, City Fees to the City (the "Deposit") before any: Bond
Proceeds are available to'pay the City Fees;' In such case,:Property Owner shaH be entitled to (i)
reimbursement of such Deposits and '(ii) ,credit for payments'made to the City from Bond
Proceeds of the City Fees which'would otherwise be due to the City in conjunction with the
Project, all as fuither described herein.
.' , '
'AGREEMENT, _
., '.. ." ,. ,.., .
NOW, THEREFORE; in consideration of the mutual pronifses and covenants, set forth
herein, the parties hereto agree as foHows: ' , " '
I. ' Recitals. Each of the above recitals is incorporated herein and is true and COrTl~ct:
, " ':' .', . ...
.2. Definitions. Unless tlie context clearly otherwise requires, the terms defined in
this Section shall, for all purposes of this Agreement, have the meanings herein specified,
. . . ..,.. ," ;,' ", ','
, . ," (a) " "Act" means the MellO-Ro'os Community Facilities Act of 1982, Chapter '
2.5 (commencing with Sectioll 53311) of Part I 'of Division 2 of Title 5 of the California'
Government Code.
(1
45561982.1
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ACENDA ITEM NO. 7
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(b) . "Bond Proceeds" or "Proceeds of the Bonds" shall meanthose net funds U
generated by the sale of the Bonds ana investment earnings thereon.
(c) . "Bonds" shall mean those bonds, or other securities, issued by, or on
behalf of, the c;FD or any Improvement Area thereof, in one or more series, as authorized by the
qualified electors within the CFD. .
, ' , ;' ,~ l..:'
(d) "c'ity Fees" means the fees and charges and all components thereof
imposed ~y the City upon the Project pursuantto the Project tonditions.
(e) "Deposits" means an amount deposited with the City by Property Owner.
as security for City Fees and which are eligible for refund by the City upon the sale of Bonds.
(t) "Improvement Area" means a geographical area within the boundaries of
the CFD as indicated on the CFD bo'undary map.
(g)
"Pat:ly" or "Parties" shall mean anyone or all of the p~rties to this
,
Agreement.
(h)' . "State" means the State of Cali fomi a;
3. Proposed Formation of the CFD. City will undertake to analyze the
appropriateness of forming the CFD. City will retain, at the expense of the Property Owner, the
necessary consultants to analyze the proposed formation of the CFD. .
U
4. Sale of Bonds and Use of Proceeds. In the event that the CFD is formed, the City
Councir acting as the legishitive body of the CFD may,cin its sole discretion, finance, among
other things, the City Fees by issuing the Bonds. . , .
,
As required by the Project Conditions, it may be necessary for Property Owner, or its
successors or assigns, to make Deposits before Bonds are issued. Upon the issuance and sale of
the Bonds, Property Owner may execute and submita payment request, in substantially the form
attached hereto as Exhibit "B", to the CFD requesting disbursement to the City of an amount
equal to all Deposits from Bond Proceeds. Within ten (10) business days of the City's receipt of
funds pursuant to such disbursement request, the City shall return the Deposits to Property
Owner. In the event Bonds are not issued within:tWelve (12) months of the date of any Deposit,
such Deposit may be applied to pay the City Fees, and shall no longer be reflected as a deposit
on the accounts ofthe City. '" . " ' .
5. Indemnification. Property Owner shall assume the defense of, indemniry and
save harmless, Cit)iand the CFD, their respective 'officers and employees, and each and every
one. of them, from and against all actions, damages, claims, losses or expenses of every type and
description to ~hich they may be subjected or put, by reason of, or resulting from, any act or
omission of Property Owner with respect't.1 this Agreement; provided, however, that Property:
Owner shall not be required to indemniry any person or entity as to damages resulting from
negligence or willful misconduct of such person or entity or their officers, agents or employees.
, . J. ,.;,.., , '
. I . .
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45561982.1
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ACENDA ITEM NO. 7
PACe-LLo.:-.J '7
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.6. Amendment and Assignment.. This Agreement maybe amended at any time but
only in writing signed by each party hereto. 'This Agreement may be assigned, in whole odn
pail, by the Property Owner to the purchaser of any parcel of land within the Property provided,
however, such assignment shall not be effective unless and until the City has been notified, in
writing, of such assignment.
, .
7. Entire Agreement. This Agreement contains the entire agreement between the
parties with respect to the matters provided for herein and supersedes all prior agreements and
negotiations between the parties with respect tei the subject matter of this Agreement.
. .
8. ,Notices. Any notice, payment or instrument required or permitted by this
Agreement to be given or delivered to either party shall be deemed to have been received when
personally delivered or seventy-two hours following deposit of the same in any United States
Post Office in California, registered or certified, postage prepaid, addressed as follows:
"...
City:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attn: City Manager
Property Owner:
Castle & Cooke Alberhill Ranch, LLC
17600 Collier Avenue, Suite CI20
Lake Elsinore, CA 92530
Attn: MJ. "Tom" Tomlinson
n
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the other party hereto. .
,
9. Attorneys' Fees. In the event of the bringing of any action or suit by any Party
against any other Party arising out of this Agreement, the Party in >,yhose favor final judgment
shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit,
including reasonable attorneys' fees.
10. Severability. If any part of this Agreement is h.eld to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of this Agreement shall be given effect'to the
fullest extent reasonably;possible.
n
11. Governing Law. . This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws ofthe State of California.
12. Waiver. Failure by aparty to insist upon the strict performance of any of the
provisions of this Agreement by 'the' other party hereto, or the failure by a party to exercise its
rights upon the default of another party, shall not constitute a waiver of such party's right to
insist and demand strict compliance' by such other party with the terms of this Agreement
thereafter.
13. No Third Party Be~efidaries. No person or entity other than the CFD, when and
if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement
45561982.1
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AGENDA ITEM NO.
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(either express or implied) is intended to confer upon any person or entity, other than the City,
the CFD, . and Property Owner (and their respective successors!llld assigns, exclusive of
individual homebuyers), any rights, remedies, obligations or liabilities under or by reason of this,
Agreement., . ., h'
14. Singular and Plural: Gender. As used herein, the singular o(any word includes
the plural, and terms in the masculine gender shall include the feminine.
. .
15. Counterparts. This Agreement may be executed'in counterparts, each of which
shall be deemed an original, but all of which shall constitute but one instrument.
,
IN WITNESS WHEREOF, the parties have executed, this Agreement.as of the day and
year written above. '
ATTEST:
VICKI KASAD, CITY CLERK .
By:
VICKI KASAD
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.C. .
City Attorney
By:
BARBARA ZEID LEIBOLD
'. ,
45561982.1
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CITY OF LAKE ELSINORE, a municipal
corporation
By:
Mayor
,
J.r.
~. < .
CASTLE & COOKE
LLC, a California r
ALBERHILL RANCH,
iability company
,
, .
M lin Jackson Tomlinson
.. BYV~ il:' ;;i;fkro:;;
I Ken J.~ '. .
Vice President - General Manager
4
AGENDA ITEM NO. 7
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SHEET 1 OF 1
APN's:
j. 38$-020-034
2. 38$-080-002
...J. 389-090-001
4. 389'-090-002
.5.. JQ!J-090-oo3
. (J. 38fJ-090-oo4
7. .189-090-006
8: 389-121-001
9. 389-121-002
10.' 38fJ-I21-oo3
11. 38$-122-001
./2. 38$-/22-002
13. .189-/22-00.1
Ii. jog-I22-oo4
'. /.5.' .18$-122...,005
. 16. . .189-122-006
17. .189-122-007
18. . 389- /22-010
APN's:
I. 38$-080-0.15
2. .J8$-080-0.JtJ
.J. .189-080-037
4. .J89-080-038
5. .J89-080-0Y9
[;:J
. 1.200 0
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1"=1200'
1200
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PACE-.! C; OF_I 7
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2. 389-(}8()-(}(J2
J. 389-(}90-(}(JI
-I. 389-Cl9(l-(}(J2
5. .J89-Cl9(l-(}(J3
0. .J89-{)gCl-{l(N
7. 389-Cl9(l-(J(J5
8. .J89-121~(}(JI
9. .J89-'I21-(}(J2
10. 389-121-003
!f. .J89- 1.22-(}(J 1
12. .J89- f22-ClIl2
13. .J8!}- 122'-003
N..J89- 122-{l(N
15. .J89-122-(}(J5
1&. .J89-122-tJOO
17. .J89-I.22-ClIl7
18. .J89-:-122-ClICl
.SHEET I OF 1
APNs:
I. .J89-(J9(J-0.J5
2. .J89-(}8()-(}3tJ
.J. .J89-(}8()-(}37
1. 38$-QtJD-(J38
5. 389-(}8{}-Cl39
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, .. '__ n"_ _ __ . "_"_"
I'ROFOSl::tiBOl/NDARY OF
. CITY OF LAKE E/..SIIVOIE. .
COMMlJNITY FACILIllES OIS71fICT NO. 1:?005-'-2
(ALBERHILL RANCH)
, J-" ......' ./. '" 865 /'XIill AGENDA ITEM NO'--' ....... ",
PAGE--1LOF~ 7
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EXHffiIT B
DISBURSEMENT REQUEST FORM
I. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch)
("CFD") is hereby requested to pay from the CFD bond proceeds to the City of Lake Elsinore
(the "City"), as Payee, the sum set forth in 3 below.
2. The undersigned certifies that the amount requested for City Fees is due and
payable and has not formed the basis of prior request or payment.
3. Amount requested: $
For Lot Nos:
4. The amount set forth in 3 above is authorized and payable pursuant to the terms of
the Fee Deposit and Reimbursement Agreement by and between the CITY OF LAKE
ELSINORE and CASTLE & COOKE ALBERHILL RANCH, LLC" dated ,
2005 (the "Agreement"). Capitalized terms not defmed herein shall have the meaning set forth
in the Agreement.
CASTLE & COOKE ALBERHILL RANCH,
LLC" a California limited liability company
By:
Title:
,
Date:
cc: City of Lake Elsinore Finance Dept.
45561982.1
AGENDA ITEM NO.
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: . ROBERT A. BRADY, CITY MANAGER
DATE: MAY 10, 2005.
. .
SUBJECT: FEE DEPOSIT AND REIMBURSEMENT AGREEMENT
WITH ELSINORE LAKEVIEW VILLAS; LLC
BACKGROUND
On October 142003 and March 9, 2004, City Council approved the two tentative
tract maps for the Lakeview Villas developmentf. The City's finance team has met
with the developer and their financial consultants to discuss the formation of a
Community Facilities District for the project.
DISCUSSION
,
According to the City's policy on forming CFD's and in according to the Mello-
Roos Community Facilities Act of 1982, the City Council may approve an
agreement to receive a deposit for the cost incurred by the City in creating the CFD
and issuing special tax bonds. The developer has already submitted a deposit of
$50,000 per the agreement.
FISCAL IMPACT
The administrative cost to the City will be paid by the deposit.
RECOMMENDATION
It is recommended that City Council approve the Deposit and Reimbursement
Agreement with Elsinore Lakeview Villas, LLC.
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REPORT TO CITY COUNCIL
MAY 10, 2005
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PREPARED BY: ~~~
MATT N. PRESSEY
DIRECTOR OF ADMINISTRATIVE SERVICES
APPROVED FOR
AGENDA BY: .
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DEPOSIT ANn REIMBURSEMENT AGREEMENT
';' '
THIS DEPOSIT AND' REI}';!BURSEMENT AGREEMENT (this "Deposit
Agreement"), dated as of tfrtL ':J.. 7 , 2005 for identification purposes only, is by and
between the City of Lake Elsmore, California (the "City") and Elsinore Lakeview Villas, LLC, a
California limited liability company, (the "Owner"). . . '
RECITALS
WHEREAS, the City has determined to initiate proceedings to create a
community facilities district designated "City of Lake Elsinore Community Facilities District
No. 2005-4" (the "Community Facilities District") under the Mello-Roos Community Facilities
Act of 1982 (the "Act");
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WHEREAS, Owner is the owner of the real property, within the proposed
Community Facilities District; , ',;,;
. ., . " ' .
WHEREAS, in accordance' with City's' policy regarding use of the Act, ,the
Owner is required to compensate the City for all costs, incurred ill the formation of the
Community Fadlities District and issuance,ofbonds for ilie, Community Facilities District;
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. WHEREAS, Section S:13l4,9 of the Act provides, that, at any time either before
or after the formation of a commtillity facilities district, the legislative body may accept advances
of fun,ds from any source, inClUding,' put not lunited to, private persons or private entities and
may pr~vide, by resolution, for the rise of those fun~s for any authoriZed purpose, including, but'
not limited to, paying any cost incurred by the local' agency in creating a, community facilities '
district (includ~g the issuance ofbond~ thereby); , " '
'- ' .' " .
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, . WHEREAS, Sectioti 53314.9 of the Act further provides t1iatthe legislative body
may enter into an agreement, by resolution, With the person or entity advancing the funds, to .'
repay all or a portion of the funds advanced, as determined by the legislative body, 'with or'
without interest under all of the following conditions: (a) the proposal to repay the funds is
included in both the resolution 'of intention to establish a community fadlities district adopted
pursuant to Section 53521' of the Act and in the reSolution ,of formation to establish the
community facilities distiict pursuant to Section 53325.1 of the Act (including tl:ie issuance of
bonds thereby), (b) any proposed special tax is approved by the qualified electors of the
community facilities district pursuant to the Act, mid (c) any llgreement shall specify that if the '
qualified electors of the coillmunity facilities district do not approve the proposed special tax, the
local agency shall return any funds which have not been committed for any authorized purpose
by the time of the election to the p,erson,or entity advan,dng thefund~;, and
WHEREAS, the City and. the Owner desire to enter into this DePosit Agreement
in accordance with Section 53314.9 ofthe Act in order to provide for the advancement of funds'
by the Owner to be used to pay' costs incurred in, connection with the formation of the
Community ,Facilities District and issuance of special tax bonds fOr the Community Facilities
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District (the "Bonds"), and to proyide for the reimbursement to the Owner of such funds U
advanced, without interest, from the proceeds of any Bonds;
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein contained, the parties hereto agree as follows:
Section 1.
The Deposits and Application Thereof.
(a) The Owner has previously deposited with the City the amount of $50,000
(the "Initial Deposit"). The City, by its execution hereof, acknowledges receipt of, and accepts,
the Initial Deposit.
(b) The Initial Deposit, together with any subsequent deposit required to be
made by the Owner pursuant to the terms hereof (collectively, the "Deposits"), are to be used to
pay for any costs incurred for any authorized purpose in connection with the formation of the
Community Facilities District and the issuance of the Bonds (other than costs, fees and expenses
to be paid out of the proceeds of the 'Bonds), including,. without limitation, (i) the fees and
expenses of any consultants to the City employed in connection with the formation- of the
Community Facilities Distrjct and the issuance of the Bonds, including an engineer, special tax
consultant, financial advisor, bond counsel and any other 'consultant deemed necessary or
advisable by the City, (ii) the costs of appraisals, market absorption and feasibility studies and
other reports deemed necessary or advisable by the City in connection with the formation of the
Community Facilities District and issuance of the Bonds, (iii) the costs of publication of notices,
preparation' and mailing of ballots and other costs related to' any hearing, election or other action
or proceeding undertaken in connection with the formation of the Community Facilities District
and issuance of the Bonds, (iv) reasonable charges for City staff time incurred in connection with U
the formation of the Community Facilities. District and the issuance of the Bonds by the
Community Facilities District, including a reasonable allocation of City overhead expenSe
related thereto, and (v) any and all other actual costs and exp,enses incurred by the City in
connection with the formation of the Community Facilities District and the issuance of the Bonds
(collectively, the "Initial Costs"). ,The CitY may'draw upon the Depositsfroin time to time to
pay the Initial Costs. '
(c) If, at any time, the unexpended and unencUmbered balance of the Deposits
is less than $10,000, the City may request, in writing, that the Owner make an additional deposit
in an amount estimated to be sufficient, together with any such unexpended and unencumbered
balance, to pay for all Initial Costs. The Owner shall make such additional deposit with the City
within two weeks of the receipt by the Owner of the City's written request therefor. If the
Owner fails to make any such additional deposit within such two week period, the City may
cease all work related to the issuance' of the Bonds. .
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(d) The Deposits may be commingled with other funds of the City for
purposes of investment and safekeeping, but the City shall at all times maintain records as to the
expenditures of the Deposits. .
(e) The City shall provide the Owner with a written monthly summary of
expenditures made from the Deposits, and the unexpended balance thereof, within ten business
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days of receipt of the City of a written request therefor submitted by the Owner. The cost of .
providing any such summary shall be charged to the Deposits.
Section 2. Return of DeDosits; Reimbursement.
(a) As provided in Section 53314.9 of the Act, the approval by the qualified
electors of the Community Facilities District of the proposed special tax to be levied therein is a
condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto.
Therefore, if the qualified electors of the Community Facilities. District do not approve the
proposed special tax to be levied thereon, the City shall have no obligation to repay the Owner
any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with
Section 53314.9 of the Act, if the qualified electors of the Community Facilities District do not
approve the proposed special tax to be levied therein, the City shall return to the Owner any
portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the
time of the election on said proposed special tax.
(b) If proceedings for the issuance of the Bonds are terminated, the City shall,
within ten business days after official action by the City or the Community Facilities District to
terminate said proceedings, return the then unexpended and unencumbered portion of the
Deposits to the Owner, without interest. .
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(c) If the Bonds are issued by the Community Facilities District, the City shall
reimburse the Owner, without interest, for the portion of the Deposits that has been expended or
encumbered, said reimbursement to be made within ten business days after the issuance of such
Bonds, solely from the proceeds of such Bonds and only to the extent otherwise permitted under
the Act. The City shall, within ten business days after the issuance of such Bonds, return the
then unexpended and unencumbered portion of the Deposits to the Owner, without interest.
.'
Section 3. Abandonment of Proceedinl!s. The Owner acknowledges and agrees that
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the issuance of the Bon<ls shall be in the sole discretion of the Community Facilities District. No
provision of this Deposit Agreement shall be construed as an agreement, promise or warranty of .
the City to issue the Bonds.
Section 4. Deoosit Al!reement Not Debt or Liabilitv of City. As provided in
Section 53314.9(b) of the Act, this Deposit Agreement does not constitute a debt or liability of
the City, but shall constitute a debt and liability of the Community Facilities District upon its
formation. The City shall not be obligated to advance any of its own funds to pay Initial Costs or
any other costs incurred in connection with the issuance of the Bonds. No.member of the City
Council of the City and no officer, employee or agent of the City shall to any extent be
personally'liable hereunder.
Seetion 5. Notices. Notices, Demandsand'Communications Between the Parties. Any
notices, requests, demands, documents, approvals or disapprovals given or sent under this
Deposit Agreement from one Party to another (collectively, "Notices") may be personally.
delivered, transmitted by facsimile (FAX) transmission, or deposit with the United States Postal
Service for mailing, postage prepaid, to the address of the other party as stated in this Section,
and shall be deemed to have' been given or sent at the time of personal delivery or FAX
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transmission or, if mailed, on the third day following the date of deposit in the course of
transmission with the United States Postal Service. Notices shall be sent as follows:
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If to City:
City of Lake Elsinore
Attn: City Manager
130 S. Main Street
Lake Elisnore, CA 92530
FAX No. (909) 674-239
With copies to:
Van Blarcom, Leibold, McClendon & Mann, P.C.
Attn: Barbara Zeid Leibold, City Attorney
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
FAX No. (949) 457-6305
If to Owner:
Elsinore Lakeview Villas, LLC
. Attn: Scott Woodward
37541 Windsor Court
Murri~ta, CA. 92562
FAX No. (951)461-7555
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Each su~h notice, statement, demand, consent, approval, atthorization, offer, designation,
request or other communication hereunder shall be deemed delivered to the party to whom it is
addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic
communication, whether by telex, telegram or telecopier upon the sender's receipt of an
appropriate answerback or other written acknowledgement, (c) if given by registered or certified
mail, return receipt requested, d~osited with the United States mail postage prepaid, 72 hours
after such notice is deposited with the United States mail, (d) if given by overnight courier, with
courier charges pr~aid, 24 hours after delivery to said overnight courier, or (e) if given by any
other means, upon delivery at the address specified in this Section.
Section 6. California Law. This Deposit Agreement shall be governed and constroed
in accordance with the laws of the State of California. The Parties shall be entitled to seek any
remedy available at law and inequity. All legal actions must be instituted in the Superior Court
of the County of Riverside, State of California, in an appropriate municipal court in Riverside
County, or in the United States District Court for District of California in which Riverside
County is located.
Section 7 Successors and Assil!ns. This ~osit Agreement shall be binding upon and
insure to the benefit of the successors and assigns of the parties hereto.
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Section 8 Counterparts. This Deposit Agreement may be executed in counterparts,
each of which shall be deemed an original and all of which shall constitute but one and the same
instrument. .
Section 9. Other Ae:reements. The obligations of the Owner hereunder shall be that of
a party hereto. Nothing herein shall be construed as affecting the City's or Owner's rights, or
duties to perform their respective obligations, under other agreements, use regulations or
subdivision requirements relating to the development. This Deposit Agreement shall not confer
any additional rights, or waive any rights given, by either party hereto under any development or
other agreement to which they are a party.
Section 10. Titles and Captions. Titles and captions are for convenience of reference
only and do not defme, describe or limit the scope or the. intent of this Deposit Agreement or of
any of its terms. Reference to section numbers are to sections in this Deposit Agreement, unless
expressly stated otherwise.' .
Section 11. Interpretation. As used in this Deposit Agreement, masculine, feminine or
neuter gender and the singular or plural number shall each be deemed to include the others where
and when the context so dictates. The word "including" shall be construed as if followed by the
words "without limitation." This Deposit Agreement shall be interpreted as though prepared
jointly by both Parties. .
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Section 12. No Waiver. A waiver by either Party of a breach of any of the covenants,
conditions or agreements under this Deposit Agreement to be performed by the other Party shall
not be construed as a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions of this Deposit Agreement.
Section 13. Modifications. Any alteration, change or modification of or to this Deposit
Agreement, in order to become effective, shall be made in writing and in each instance signed on
behalf of each Party.
Section 14. Severability. If any term, provision, condition or covenant of this Deposit.
Agreement or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Deposit Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable
to the fullest extent permitted by law.
Section 15. Comoutation of Time. The time in which any act is to be done under this
Deposit Agreement is computed by excluding the first day (such as the day escrow opens), and
including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is
also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701
of the California Government Code. If any act is to be done by a particular time during a day,
that time shall be Pacific Time Zone time.
Section 16. Lee:al Advice. Each Party represents and warrants to the other the
following: they have carefully read this Deposit Agreement, and in signing this Deposit
Agreement, they do so with full knowledge of any right which they may have; they have
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received independent legal advice from their respective legal counsel as to the matters set forth U
in this Deposit Agreement, or have knowingly chosen not to consult legal counsel as to the
matters set forth in this Deposit Agreement; and, they have freely signed this Deposit Agreement
without any reliance upon any agreement, promise, statement or representation by or on behalf of
the other Party, or their respective agents, employees, or attorneys, except as specifically set
forth in this Deposit Agreement, and without duress or coercion, whether economic or otherwise.
Section 17 Cooperation. Each Party agrees to cooperate with the other in this
transaction and, in that regard, to sign any and. all documents which may be. reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Deposit Agreement
including, but not limited to, releases or additional agreements.
Section 18. Confficts or Interest. No member, official or employee of City shall have
any personal interest, direct or indirect, in this Deposit Agreement, nor shall any such member,
official or employee participate in any decision relating to the Deposit Agreement which affects
his personal interests or the interests of any corporation, partnership or association in which he is
directly or indirectly interested. . .,
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[Signatures on following'page]
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IN WITNESS WHEREOF, the Parties have executed this Deposit Agreement as of the
respective dates set forth below.
"CITY" .
CITY OF LAKE ELSINORE, a municipal
corporation
Dated:
By:
,2005
Mayor
ATTEST:
VICKI KASAD, CITY CLERK
By:
VICKI KASAD
APPROVED AS TO FORM:
VANBLARCOM, LEmOLD,
McCLENDON & MANN, p,c.
City Attorney
,
By:
BARBARA ZEID LEIBOLD
"OWNER"
Dated:lftrlJ.. ~ 7~ .2005
ELSINORE LAKEVIEW VILLAS, LLC,
~"7I;;;~
/ Scott Woodward
Member
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:.
ROBERT A. BRADY, CITY MANAGER.
DATE:
MAY 10, 2005
SUBJECT: ... FJ:E DEPOSIT AND REIMBURSEMENT AGREEMENT
WITH W ASSONCANYON INVESTMENTS, LP
BACKGROUND
On October 12, 2004, City Council approved the tentative tract maps for the Wasson
Canyon development. The City's finance team has met with the developer and their
financial consultants to discuss the formation of a Community Facilities District for
the project.
DISCUSSION
,
According to the City's policy on forming CFD's and in according to the Mello-
Roos Community Facilities Act of 1982, the City Council may approve an
agreement to receive a deposit for the cost incurred by the City in creating the CFD
and issuing special tax bonds. The developer has already submitted a deposit of
$50,000 per the agreement.
FISCAL IMPACT
The administrative cost to the City will be paid by the deposit.
RECOMMENDATION
It is recommended that City Council approve the Deposit and Reimbursement
Agreement with Wasson Canyon Investments, LP.
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REPORT TO CITY COUNCIL
MAY 10, 2005
PAGE 2
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PREPARED BY: ~2~ ~~~
DIRECTO~ OF ADMINISTRATIVE SERVICES
APPROVED FOR
AGENDA BY:
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, DEPOSIT AND REIMBURSEMENT 'AGREEMENT
THIS DEPOSIT AND REIMBURSEMENT AGREEMENT, (this "DepDsit
Agreement"), dated as Df March I, 2005 fDr identificatiDn purpDses Dnly, is by and between the"
City Df Lake ElsinDre, CalifDrnia (the "City") and WassDn CanYDn Investments LP, a CalifDrnia
limited partnership, (the "Owner')
'RECITALS
WHEREAS, the City has determined to. initiate proceedings to. create a
cDmmunity facilities district designated "CitY',Df Lake E1sinDre CDmmunity Facilities District
No.. 2005-_ (the "CDmmunity.Facilities Pistdct") under the MellD-RDDS CDmmunity Facilities
Act Df 1982 (the "Act"); . ", '
WHEREAS, Owner is, the
Community Facilities District; ..",,'
Dwner ,Df the real property within the propDsed
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WHEREAS, in accDrdance with City'~ pDliCy, regarding use Df the Act, the
Owner is, required to. cDmpensate the City. far all CDSts incurred, in the fDrmatiDn Df the
CDmmunity Facilities District imd issuance Dfbonds fo~ the CDmmunity Facilities District; ".
. I ,,'. ",.
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WHEREAS, SectiDn 53314.9 of the Act provides that, at any time either before
or after the fDrmatiDn of a cDrmimrllty facilities distriCt, ,the legislative bDdy may accept advances
Df furids frDm any SDurce, incIudi~g, bilt nDt'lirnited'tD, privatepersbns Dr private entities arid
may provide, by resDlution, fDr'the use Mthase fundsfDr any authorized purpose, inciuding, but
nDt limited to., paying any CDSt incurred by the lDcalagency in creating' a CDmlnunity facilities
district (including the issuance DfbDndsthereby);' .," '
WHEREAS,.8ectio.n 53314.9 Dfthe Act furthe,r provides that the legislativebDdy
may enter into. ari agreement, by resDlutiDn; with the persDn Dr , entity advancing the funds, to.
repay all Dr a pDrtiDn Df the funds advanced, as determined by the legislative bDdy, with Dr
withDut interest under all Df the fDllDwing cDnditiDns: (a) the propDsal to. repay the funds is
included in bDtli tIie re;DllitiD~ of intentiDn to. establish aCDmmunity facilities district adDpted
pursuant to. Section 5352( Df 'the Act' and in the'resDlutiDn Df fDrmatiDntD establish the
CDmlnunity facilities district pUrsuant to Section 53325.1 Df the Act (including the issuance Df '
bonds thereby), (b)' any prDpDsed special tme is approved by the' qualified electo.rs o.f the
co.mmunity facilities district pursuaIlt to the Act, and (c) any agreement shall specify that if the'
qualified electo.rs o.f the co.mmumty facilities district do. not approve the pro.po.sed special tax, the
lo.cal agency shall return any funds which have not been co.mmitted' for any authDrized pUrPo.se
by the time o.f the electio.n to. the perso.n o.r entity advancing the funds; and
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WHEREAS, the City arid the Owner desire to. enter into. this Depo.'sit Agreement '
in acco.rdance with Sectio.n 53314.9 o.fthe Act in o.rder to. provide far the advancement o.ffunds
by the Owner to. be us~d to. pay CDSts in~urred in cDnnectio.f.l with the fo.rmatio.n Df the
Co.mmunity Facilities District' and issuance o.f ~pecial tax bDnds, for the Co.mmunity F~cilities
45579939,1
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District (the "Bonds"), and to provide 'for ,the reimbursement to the O:wner of such funds
advanced, without interest, from the proceeds of any Bonds; U
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein contained, the parties hereto agree as follows:
Section 1.
The Deposits and Application Thereof.
(a) The O:wner has previously deposited with the City the amount of $50,000
(the "Initial Deposit"). The City, by its execution hereof, acknowledges receipt of, and accepts,
the Initial Deposit.
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(b) The Initial Deposit, together ,with any subsequent deposit required to be
made by the Owner' pursuant to the terms hereof (collectively" the "Deposits"), are to be used to
pay for any costs incurred for any authorized purpose in connection with the formation of the
Community Facilities District and the issuance of the Bonds (other than costs, fees and expenses
to be paiO out of the proceeds ~f the Bonds);' including,' without limitation, (i) the fees and
expenses of any consultants to the City employed in connection with the formation ofthi:
Community Facilities District and the issuance of the Bonds, including an engineer, special tax
consultant, financial, advisor, bond counsel and any other consultant deemed necessary or
advisable by the City, (ii) th~ costs of apprais~s,:market absorption and feasibility studies and
other reports deemed necessary or advisable by the City in connection with the foimation of the '
Community Facilities District and issuance of the Bonds, (iii) the costs of publication of notices,
prepar~tion'arid mailing of ballots and other costs related to any hearing, election or other action
or proceedi~g undertaken in cOImection with the formatil?H of the Community Facilities District U
and issuance 'of the ,Bonds, (iv) reasonable charges for City staff time incurred in connection with
the form~tion 'o,f tre Community Facili~ies District and 'the issuance of the Bonds by the
Community FaCilities District, inCluding a reasonable alloqtion of city oyerhead expense
related thereto, and (v) any and all other actual costs and expenses incurred by'the'City in
connection with the formation of the Community Facilities District and the issuance of the Bonds
(collectively, the "Initial Co~ts'.')., The City maydra~ upon the Deposits ,from time to time to
pay the Initial Costs. " ' , ,
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days of receipt of the City of a written request 'therefor submiited'by the Owner. The cost of
providing any such summary shall be charged to the DepOsits.
Section 2. Return of Deposits: Reimbursement.
(a) As provided in Section 53314.9 of the Act, the approval by the qualified
electors of the Community Facilities District of the proposed special tax to be levied therein is a
condition to the repayment to the Owner of the funds advanced by the OWner pursuant hereto.
Therefore, if the qualified electors of the Community Facilities District do not approve the
proposed special tax to be levied thereon, the City shall have no obligation to repay the Owner
any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with
Section 53314.9 of the Act, if the qualified electors of the Community Facilities District do not
approve the proposed special tax to be levied therein, the City shall return to the Owner any
portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the
time of the election on said proposed special talc.
(b) If proceedings for the issuance of the Bonds are terminated, the City shall,
within ten business days after official action by the City or the Community Facilities District to
terminate said proceedings, return the then unexpended and unencumbered portion of the
Deposits to the Owner, without interest.
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(c) If the Bonds are issued by the Community Facilities District, the City shall
reimburse the Owner, without interest, for the portion of the Deposits that has been expended,or
encumbered, said reimbursement to be made within ten business days after the issuance of such
Bonds, solely from the proceeds of such Bonds and only to the extent otherwise permitted under
the Act. The City shall, within ten business days after the issuance of such Bonds, return the
then unexpended and unencumbered portion of the Deposits to the Owner, withqut interest.
,
Section 3. Abandonment of Proceedine:s. The Owner acknowledges and agrees that
the issuance of the Bonds shall be in the sole discretion of the Community Facilities District. No
provision of this Deposit Agreeme~t shall be constrUed as an agreement, promise or warranty of
the City to issue the Bonds.. . " ,,' . , ' ,
Section 4.' Deposit Ain-eement Not' Debt or' Liabilitv of City. As provided in
Section 533i4.9(b) of the Act, this Deposit Agreement does not constitute Ii debt or'liability of
the'City, but shall constitute"a debt and liability of the Community Facilities District upon its
formation. The City shall not be obligated to advance any' of its own funds to' pay Initial Costs or
any other costs incurred in connection with the issUance of the Bonds. No m~mber of the City
Council of the City and no officer, employee or agent of the City shall to any extent be
personally liable hereunder. ' , ' ,
Section 5. Notices. Notices, Demands and Communications Between'the Parties. Any
notices, requests, demands, documents; approvals or disapprovals given or sent under this
Deposit Agreement from one Party'to another (collectivety, "Notices") may be personally'
delivered, transmitted by facsimile (FAX) transmission, or deposit with the United States Postal
Service for mailing, postage prepaid, to the address of the other Party as stated in this Section,
("'\ and shall be deemed to have been giveq or sent at the time of personal delivery or FAX
AGENDA ITEM NO.
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transmission or, if mailed, on the third day following the date of deposit in the course of
transmission with the United States Postal Service. Notices shall be sent as follows:
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If to City:
City of Lake ElsInore
Attn:City Manager .
130 S. Main Street
Lake Elisnore, CA'92530,
FAx No. (909) 674~239
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With copies to: ,
Van Blarcom, Leibold, McClendon & Mann, P.C.
Attn: Barbara Zeid Leibold, City Attorney
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
FAx No. (949) 457-6305
:)"
If to Owner:
The ShopoffGroup'
Attn: Kristine Zortrnan
114 Pacifica, Suite 245
Irvine, CA 92618
FAx No. (949)417-1399
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Each such notice, statement, demand, consent, approval, authorization, offer" designation,
request or other communication hereunder shall j>e deemed delivered to the party to whom it is '
addressed (a) if personally served or delivered, upon 'delivery, (b)if given by electronic
communication, whether by telex, telegram or telecopier upon the' sender's receipt of ail
appropriate answerback or other written acknowledgement, (c) if given by registered or certified
mail, return receipt requested, deposited with the. United States mail postage prepaid, 72 hours
after such notice is deposited with the\Jnited States mail, (d) if given by ove~ightcourier, with
courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) ifgiven by,any
other means, upon delivery at the address specified in this Section. '
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Section 6. 'California Law. This Deposit Agreement'sh3I1 he governed and construed' ,
in accordance with the laws of the State of California The Parties shall be erititled to seek any
remedy available at law and in equity. All legal actions must be instituted in the Superior Court
of the County of Riverside, State of California" in ~ appropriate municipal court in Riverside
County, or in the United States District Court for District of California in which Riverside
County is located.
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, Section. 7, Successors alid Assii!ns~ This Deposit Agreement shall be binding uponan~i U
insure to the benefit of the successors and assigns of the parties hereto. . ,
ACENDA ITEM NO.
PACE 6
9
OF~
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Section 8' Counteroarts. This Deposit Agreement may be' executed iri couriterparts,
each of which 'shall be deemed an original and all of which shall constitute but one and the same
instrument. .
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Section 9.; Other Al!reements. :The obligations of the Owner hereunder shall be that of
a party hereto. Nothing herein shall be construed as affecting the City's or Owner's rights, or
duties to perform their respective obligations, under other agreements, use regulations or
subdivision requirements relating to the development. This Deposit Agreement shall 'not confer
any additional rights, or waive imy rights given, by either party hereto under any development or
other agreement to which they are a party. ". .' .
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Section 10. Titles and Captions. Titles and captions are for convenience of reference
only and do not define,' describe or limit the scope or the intent of this Deposit Agreement or of
any of its terms. Reference to section numbers are to sections in this Deposit Agreement, unless
expressly'stated otherwise. . .
Section 11. Interpretation. As used in this Deposit Agreement, masculine; feminine or
neuter gender and the singular or plural number shall each be deemed to include the others where
and when the context so dictates. The word "including" shall be construed as if followed by the
words "without limitation." This Deposit Agreement shall be interpreted as though prepared
jointly by both Parties. .... .
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Section 12. No Waiver. A waiver by either Party of a breach of any of the covenants,
conditions or agreements under this Deposit Agreement to be performed by the other Party shall
not be construed as a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions of this Deposit Agreement.
Section 13. Modifications. Any alteration, change or 1'Q-odification of or to this Deposit
Agreement, in order to become effective, shall be made in writing and in each instance signed on
behalf of each Party.
Section 14. Severabilitv. If any term, provision, condition or covenant of this Deposit
Agreement or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Deposit Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable
to the fullest extent permitted by law.
Section 15. Computation of Time. The time in which any act is to be done under this
Deposit Agreement is computed by excluding the ftrst day (such as the day escrow opens), and
including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is
also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701
of the California Government Code. If any act is to be done by a particular time during a day,
that time shall be Pacific Time Zone time.
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Section 16. Lel!al Advice. Each Party represents and warrants to the other the
following: they have carefully read this Deposit Agreement, and in signing this Deposit
Agreement, they do so with full knowledge of any right which they may have; they have
AGENDA ITEM NO.
PAGE 7
q
OF--9.-
received independent,legal advice from their respective legal counsel as to the matters set forth
in this Deposit Agreement, or have knowingly chosen not to consult legal counsel'as to the, U
matters set forth in this Deposit Agreement; and, they have freely signed this Deposit Agreement
without any reliance upon any agreement, promise, statement or representation by or on behalf of
the other Party, or. their respective agents; employees, or attorneys, except as specifically set
forth in this Deposit Agreement, and without duress or coercion, whether economic or otherwise.
Section 17 Coo>>eration.. Each Party agrees to cooperate. with the other in this
transaction and, in, that regard, to sign .any .and. all documents which may be reasonably,
necessary, helpful, or appropriate to carry out the purposes and intent of this Deposit Agreement
including, but not limited to, releases or additional agreements. .
. Section;l8. Conflicts of Interest. No member, official or employee of City shall have
any personal interest, direct or indirect, in this Deposit Agreement, nor shall any such member,
official or employee participate in any decision relating to the Deposit Agreement which affects
his personal interests or the interests of any corporation, partnership or association in which he is
directly or. indirectly interested. ' "
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[Signatures on following page]
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ACENDA ITEM NO.
PACE . ~
9
OF -'l..-
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IN WITNESS WHEREOF, the Parties have executed this Deposit Agreement as of the
respective dates set forth below.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Dated:
,2005
By:
Title:
ATTEST:
VICKI KASAD, CITY CLERK
By:
VICKI KASAD
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.C.
City Attorney
By:
,
BARBARA ZEID LEIBOLD
"OWNER"
Wasson Canyonlnvestrnents, LP:
By: Wasson GP. LLC. its general partner
B'B:7iJ/
Its: /714-oH"-f'A""'
Dated:
/11,urd, 15",2005
AGENDA ITEM NO. 9
PAOE-3.-0F~
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CITY OF LAKE ELSINORE
. I REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MAY 10,2005
SUBJECT:
EXTENSION OF TIME FOR TENTATIVE PARCEL
MAP NO. 30302
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APPLICANT
Mr. Neil M. Cleveland, Managing General Partner
GW Commercial 87
28{)46 Del Rio Road, Suite C
Temecula, California 92590
BACKGROUND
,
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Attheirregular meeting of March 4, 2003, the Planning Commission considered and .
recommended approval of Tentative Parcel Map No. 30302 to the City Council: On
March 25, 2003 the City Council approved the referenced Tentative Parcel Map.
The applicant made a request of an Extension of Time via a letter dated March 7,
2005., "
DISCUSSION
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Pursuant to the California Subdivision Map Act Section 66452.6 and Section
16.24.160 of the Lake Elsinore Municipal Code (LEMC), conditionally approved
tentative parcel maps shall expire within 24 month of City Council approval unless an
extension of time is filed or the map is finaled and recorded. The life of the
subdivision may be extended for up to three (3) years for a total of five (5) years
[Section 66452.6(e) ofthe Subdivision Map Act].
AGENDA ITEM NO. /6
'PAQE....LOF.JS....
REPORT TO CITY COUNCIL
May 10,2005
PAGE 2 of3
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Tentative Parcel Map No. 30302 is located across from theproposed Costco/Lowe's
development at Central A venue and Cambem Avenue.
According to Section l6.24.160.C of the Lake Elsinore Municipal Code, the City
Council may requir~that the land division conform to the applicable latest
requirements in effect at the time an extension is granted. Therefore some changes
have been made to the originally approved Conditions of Approval. Condition No. 1
has been changed to allow for two additional years to final the Tentative Parcel Map
giving the Tentative Parcel Map a new expiration date of March 25, 2007 .
The Engineering Division determined that some new conditions should be added
while other Conditions were outdated. In order to clarify these changes the
Engineering Division requested to delete all ofthe old Engineering Conditions which
numbered from 21 to 60 (shown as strikethrough) and replaced with the new
Engineering Division Conditions numbers 21 to 68 (shown italized)
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RECOMMENDATION
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It is recommended that the City Council approve the Extension of Time for Tentative
Parcel Map 30302 consisting of ten (10) parcels located at Central Avenue and
Cambem Avenue; Assessor's Parcel No's 377-030-004, 005 and 377 -090-009, based .
on the Findings, Exhibits and attached revised.Conditions of Approval.
FINDINGS
I. The proposed Extension of Time for the subdivision known as Tentative Parcel
Map 30302 (project) is consistent with the General Plan. The proposed
subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan.
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AaemA ITEM NO. I tJ . ~
PAGE c2 Of rq
n REPORT TO CITY COUNCIL
May 10, 2005
PAGE 3 of3
The project as designedassists in achieving the development of a well-balanced
and functional' mix' of residential, 'commercial, industrial, open space,
recreational. and institutional land by encouraging ,the, development of
commercial land uses that strengthen the City's econo'!lic base and offer a
range of enterprises that serVe the needs of the residents and visitors. .
2. Subject to the attached conditions of approval, the proposed project is not
anticipated to result in any signlfic~t environmental imp\lct.
The project has been adequately conditioned by all applicable departments and
agencies and willn6t th~refore result ill anY, significant environmental impacts.
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PREPARED BY:
Linda M; Miller, AICP,Associate Planner
n A~PROVED FOR
AGENDA BY:
'1.'
Attachments
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I. City Council report dated'J\1a~~h 25, 2003
2. Reduction of Tentative Parcel Map No. 30302
3. Full-sized Exhibit of Tentative Parcel Map No. 30302
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AGENDA ITEM NO.
PAGE 3 .OF~
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RESOLUTION NO. 2005-
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF. LAKE ELSINORE, CALIFORNIA, APPROVING AN
EXTENSION OF TIME FOR TENTATIVE PARCEL MAP
NO. 30302 LOCATED AT CENTRAL AND CAMBERN
,AVENUES - ASSESSOR PARCEL NO'S'377-030-004, 005,
. AND 009 '" ',' ,
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WHEREAS, Neil M" Cleveland of GW Gomplercial 87, has initiated proceedings for an
Extension of Time for Tentative Parcel Map 30302; and . "
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WHEREAS, the City Council of theqty of Lake Elsinore ,has been delegated with the
responsibility of approving Extension of Time for Tentative Parcel Maps; and
WHEREAS, the City Council of the City of Lake Elsinore certified Mitigated Negative
Declaration No. 2002-04 for Tentative Parcel Map No. 30302, and making a determination that
the document was adequate and prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA); and
NOW THEREFORE, the City Council of the City",of Lake Elsinore DOES HEREBY
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RESOLVE as follows: '
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SECTION 1. The City Council has considered the request for the Extension of Time for
Tentative Parcel Map 30302. The City Council finds and determines that in accordance with
State Subdivision and Planning law, and the City of Lake Elsinore's General Plan and THE Lake
Elsinore Municipal Code (LEMC) that approval of Extension of Time for Tentative Parcel Map
30302 is consistent with all of the required procedures, policies, guidelines and provisions based ,
on the following findings: H ' .
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1. The proposed Extension of Tl1lle for the subdivision known as Tentative Parcel Map 30302
(project) is consistent with the General Plan. The proposed subdivision is compatible with
the objectives, policies, general land uses and programs specified in the General Plan.
The prrjea as desigrB1 assists in adiec.ing the deuioprrent if a 'lIEll-luIarml arri fiortiarnJ rrix if
rrsidential, wnrmrid, inJustrial, q;en spat:e, rrx:reatiaul arri ir6titutiornl/am uses by erxrura[!jng the
deuiqmmt if amrrrcia1/am uses tIXlt strerl(fkn the Otis e::nrmic !:use am iffer a ra~ if enterprises
that sene the rm:Is if the rrsidents am 7.isitars.
2. Subject to the attached conditions of approval, the proposed project is not anticipated to
result in any significant environmental impact.
The prrjea has /;;ren adtrjuatdy a:JrKiitmd by aU applW:d:ie depart171!J1/S am awW am W1l na therifare
rrsult in any siFfflifiamt emirannwtal inpaas.
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OTY COUNOL RESOLUTION FOR
TENTATIVE PARCEL MAP NO. 30302
Page 2of2
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the 'City Council of the
City of Lake Elsinore, Califomhi;that the request for an Extension of Time for Tentative Parcel
Map No.30302 be approved. ' . ".
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PASSED, APPROVED AND ADOPTED this 10th day of May, by the following vote:
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AYES:
, 'COUNCILMEMBERS:
NOES:
'COUNCILMEMBERS: ' ,,'
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ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS: '
ABSTAIN:
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Robert Magee, Mayor'
City ofLake Elsinore'.
A TrEST:
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Vicki Lynne Kasad, City Clerk
APPROVED AS TO FORM:
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Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
(SEAL)
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AaENDA ITEM NO. /b
PAaE '!J OF J '1
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 30302
(REVISIONS MADE TO EXTENSION OF TIME REOUEST ON JUNE /0. 2005)
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PLANNING DIVISION
I. The Time Extension for Tentative Parcel Map No. 30302 will expire two (2) years from
, March 25, 2005 or March 25, 2007 date sf ajlflre~al unless ,within that period of time a
final map has bee~ filed with the County Recorder, or an extensi~n of time is gnmted by the
City of Lake Elsinore City Council in accordance with the Subdivision Map Act.
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2. Tentative Parcel Map No. 30302 shall comply with the State of California Subdivision Map
Act and shall comply with all applicable requirements of the Lake Elsinore Municipal
Code, Title 16 unless modified by approved Conditiol}s of Approval.
3. Approval of this subdivision is subject, to the mitigations measures listed within the
Mitigated Negative Declaration NO. 2002-04.' '
4. 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 TPM No.30302, 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, U
action, or proceeding against tile 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 holtt harmless the City.
5. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community
Development Department within 30 days of the Tentative Parcel Map approval.
6. Prior to final map approval of Tentative Parcel Map No.30302, the improvements specified
herein and recommended approved by the Planning Commission and approved by the tity
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 ofthe agreements.
7. All of the improvements shall be designed by developer's Civil Engineer to the
specifications of the City of Lake Elsinore.
8. Applicant must meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
9. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore
Unified School District (LEUSD) prior to issuance of building permits.
Page 1 of 10
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ACJE.mA ITEM NO. /0
I", lCf
PAOE...:t:- OF -
CONDITIONS.OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 30302
n (REVISIONS MADE TO EXTENSION OF TIME REOUEST ON JUNE 10.2005)
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10: Pay all applicable park fees in force at time of issuance of building permits.
II. The applicant shall provide connection to public sewer for each lot within the subdivision
. prior to building permit. No service laterals shall cross adjacent property lines and shall be
delineated on engineering sewer plans and profiles for. submittal to the EVMWD.
12. Meet all requirements of the providing electric utility company.
13. Meet all requirements of the providing gas utility company.
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14. Meet all requirements ofthe providing telephone utility company.
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IS. The applicant shall comply with all requirements ofthe Riverside County Fire Department.
16. All trailers, mailboxes and signage used during construction shall be subject to Planning
. Division review and approval prior to installation.
17. All development associated with this map requires separate Design Review approval
pursuant to Section 17.82 of the Lake Elsinore Municipal Code.
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18: Prior to building permit the applicant shall submit a Sign Program for the entire.complex.
This Program shall include size, location, and color restricts for each building. The
program shall include size, location and color for any monument signs.
19. An' Environmental Constraint Sheetshall.be attached to and reviewed as pat of the Final
Map process. The Environmental Constrain Sheet shall note that Parcels 7, 8, 9 and 10 are
to be avoided until replacement habitat is found at a minimum ratio of I: I per the
requirement of the Department of Fish and Game. The owners may seek approval of
alternate mitigation from V.S, Fish & Game and the City of Lake Elsinore if the existing
environmentally impacted situation (heron rookery) changes..
20. The applicant shall record a CC&R that provides for irrevocable reciprocal parking,
circulation, ingress and egress, loading and landscaping maintenance easements in favor of
all lots. It shall also enforce standards of building maintenance and participation in
landscape maintenance. The CC&R shall be approved by the Community Development
Director prior to building permit.
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ENGINEERING.DIVISION
21. }.II Pli!Jlie 'Narks re(Jllirements shall Be eeBljlliell with as a eenllitien ef lIevelepment as
speeifiell in the Lake Elsinere MlInieipal Celie (LEMC) prier te final map appT8'o'al. .
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Page 2 of 10
AGENDA ITEM NO. )0
. PAGE 7 OF I q
CONDITIONS OF APPROVAL FOR.
TENTATIVE PARCEL MAP NO. 30302
(REVISIONS MADE TO EXTENSION OF TIME REOUEST ON JUNE 10.2005)
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22. Pay all Capital IHlflrovement and Plan Cheek fees (LEMC l{i.31, Resollltion 85 2e). The
traffie mitigatioH fee .....ill be $0.71 per sq. ft. of bllildiHgarea aHd the drtliHage fee is .
$87,038.
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23. Sabmit a "Will Serve" letter to the City EngiHeeAng DivisioHfrom the applieable water
ageney statillg that ",..ater alld sewer lIfflIIIgemeHts have been made for this prejeet. SlIbmit
this letter prier ts fiHal map appro'..al. .
21. Dedieate 9 ft. sf additional right sf ',yay alollg the frentage of Cambem .".'/e. aHd 27 ft. of
additional right of way along the fr~lHtage'ofCeHtral .".venlle. This shemd be.she'Nfl. eH the
fiHal map.
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25, Constrl!et all pllblie worlw iHlflrovements per approved street plans (LEMC 12.01). Plans
mllst be apprsved aHd signed by the City Engineer prior te fiHal map apprClval (LEl\1C
le.31).
26, Street iHlflrovemeHt plans and speeifieations shall be prepar~d by a Calif. Registered Ciyil
Engineer. Improvements shall be designed aHd eOHstrl!eted ts RiveFside COllnty Road
DepartmeHt StaHdards, latest edition, and'City Codes (LEMC 12.01 HHd 16.31).
27. .\pplieant shall enter illto aH agreement with the City fer the eonstruetion ofpablie worlw U
. iHlflrovemellts aHd shall psst the apprClpriate bsnds pAsr tCl fiHal map approval.
28. AjlplieBHt shall ebtain any neeessary CaltraHs. permits alld meet all Caltrans r.e(Jtiiremellts.
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29. Ajlplieant shall previde aeeess from the she. to Cmne Str~et. The parldllg lot shall be
eOHstrl!eted enabling trueks on the site to tllm into CFaHe Street..
30.
i\jlplieant shall submit a traffie eOlltrol plaH shewing all traffie eOHtrol deviees fer the traet
. to be appreved prier is final map approval: .\11 traffie esntrsl de'/iees shall be installed
prier to filial inSfleetisn ef Pllblie iHlflrsvements. This inellldes Ne Par1sng ana Street
Sweeping Signs fer streets within the treet.
31.
ApplieHHt shatl submit a focused tf<ajJie study prier te ebtaining P.JaIil'ling Commis1iiel'l
appro';"l 9f Design Rtwiew fer a/lY eammercialbuildings. Thc study ',ri?l determine if a
tFBffie signal is wammted at the illterseetien sf SR71 aHd Cambem Street. The wafFallt
study shall be based on present eouHts aHa en prejeetedeooots to the year 2095. /\ waffie
sigllal saall be installed if WafFaHts are met or if iH the determinatioH of the City Engilleer,
safety eensiderations at the illteraeetioH WafFtlHt the installatisH sf the trame signal. The
developer's eost for the trame signal '",.ill be eredited against the tFBffie mitigatioH fee.
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32. Aeeess Easement 'llidths aHa turning radii within the site mllst be appre'led by the CSUllty
Fire Dept. prior IS fiHal map apflreval.
Page 3 of 10
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AOEN>A ITEM NO. 10
P~LOfJ9
CONDITIONS OF APPROVAL FOR -
TENTATIVE PARCEL MAP NO. 30302..
("", (REVISIONS MADE TO EXTENSION OF TIME REOUEST ON JUNE 10.2005)
33. Pay all fees and meet reEjllirements ef enereaeliment j'Jefffiit'issued by tlie Engineeriag
Di-'.isien for eenstfl!etien ef publie werles imllrevements (LEMC 12.08 and ResolHtien 83
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34. .'.1I eeHlj'laetien repaRs, gffide eeRiFieatiens, menHmeat eertifieatiens (with tie netes
delineated en 8 \~" K 11" Mylar) shall be submitted te the Engineering Di'lisien befere Final
inSfleetian af pub lie v.aAcs iHlj'lHl'lemeats wiII be seherluled and ft!lpre'led.
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35. I.flplieant shall eMain all neeessary err site easements f-ar err site grading frem the adjaeent
prallefly e'Nnem prier te final mft!l ft!lpreval.
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36. I JflIfigements fer releeatien ef Htility eempany faeilities (jlewer peles, vaults, ete.) eut ef
., the readway ar alley shall be the r-eSflensibility ef the prellerty evmer ar his agent..
37. Previde Fire preteetien faeilities as refl:uired in writing by Riverside CeHaty Fire.
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38. Pre'.ide street lightiag and shew Iiglltiag iHlj'lrevements as part of str-eet iHlj'lre\'ement plans
as retjuir-ed by the City Engineer.
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39. Develeller sliall install blue refleetivep8'.'ement maFIeers in the street at all' fire hydmnt
leeatiens.
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40. .'\11 iHlj'lr-e'lement Illans and traet mft!ls sliall be digitized. I.t CertiFieate ef Oeellflaney
Rfllllieant shall submit tapes andler dises whieh are eeHlj'latJ!lJle ',','ith City's ARC Infe/DIS er
. de'leleper te pay $300 per sheet fer City digitizing.- ..' .
41. AU utilities eKeept eleetFieal e'ISf 12 I",' shilll Be plalied undergr8lind, as Rflllr-e'ied by the
serving Htility.
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42. Allllly and ebtain a grading pefffiit with ft!lpFepriilte seeurity prier Ie building jlefffiit
issHanee. .^. grading plan signed and staHlj'led by a Calif. Registered Ci'lil Engineer shall be
reljuired if tile grading elceeeds 59 eubie yards er the tlltisting flew pattern is SHbataatially
mediiied as detefffiined by the City Engineer.' If the grading is less tIlan 50 eubia yards and
a grading plan is net reEjllired, a gfllding permit shall stilI be obtained se that a eHmeT)'
drainage ood flew'pattern inSfleetiaH ean he eenooeted befare gmEliHg hegiHs:
43. - Pnr.ide seils, geelegy and seismie rellaR inelHding stfeet design reeemmendatiens. Pm'lide
final seils repeR shewing eeHlj'llianea with reeemmendatieas. .
44. .'.n .'JEjllis Priele study shall be perfermed en the site te identify any hidden ear.llljuake
faults andier liEjllefaetieH zenes present en site.
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AGENDA ITEM NO. . /D
PACE..:L OF l;j.q_
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 30302
(REVISIONS MADE TO EXTENSION OF TIME REOUEST ON JUNE 10.2005)
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45. Indi',iffilal lat dmiaage shall be eanveyea te a )3l1blie faeiEty er aeeepted by adjaeent
)3raperty aymers by a letter ef dr-aiaage aeee)3tanee er eeH-veyea ta a drainage easement.
16. On site drainage shall be eeaveyed te a )3ablie faeility er aeeepted by alijaeent )3re)3erty
Emners by a letter ef dminage aeee)3t!lfIee ar eanyeyed te a arainage easement. If the site
drainage is direeted te Crllfle Street, the applieaat shall pf-eviae mitigatian fer erasian' taking
plaee an CflIfIe Street. ,
4'7. All natural drainage trayersing site shall be eeaveyed throllgh the site, ar shall be ealleeted
lIfId eOH-yeyed by a methed appro:lea by the City Engineer.
48. Swmit Hydralagy ana Hydraalie Re)3eRs for reyiew lIfId approval by City Engineer and the
Ri'/erside CallH-ty Flaaa Cantral Distfiet priar ta IIjlpreyal ef final map. Develaper shall
mitigate aayflaoding lIfId!ar erasion eaased by aevelo)3ment. of site and diversien of
draiaage.
49. f.1I drainage faeilities in this traet shall be eanstrlleted te Riyemide Callnty Flaad Centrel
. . Distriet Stllflaanls.
50. Sterm drain inlet faeilities shall be lIjl)3repriately steneiled to prevent illegally ffilfIIjling in
. .the drain s)'stem, the werding ana steneil shall be IIjlpfO'Ied by the City Engineer.
u
51. Raof ana yard dmills wiII net be allawed te eutlet threugh euts in the str-eet elirb. Raof
drains sheald drain to a lalldseapea area when e'l6r feasible.
or. . ,_,
52. I g year storm runoff shaald ee eantained ',vi thin the elire and the I gg year storm ranaff
sh61dd ee eentainea 'oVithia the street right of way. '.linen either ef these eriteria are
. elleeeded, dminage faeilities sheald be installed.
53. A drainage aeeeptanee letter will be neeessary [rem the dewnstream pre)3erty ewners fer
. . elltletting stermwater ran ef[ an private )3r-epelty.
.. .
54. . Deyele)3er shall he sllbjeet te all Master Pllmned Dmillage fees and will reeeive eredit for
all Master Planned Draillage faeiEties eanstrlletea.
55. f.flplieant shall eMain IIjlpre'/al frem SBHta f.aa Regiellal Water Quality Centrel Beard fer
their sterm ',yater pelllitien pr-tlYelltien plan inelllding appreval ef eresien eeH-tr-e1 fer the
gmding plan prieLte issulIHee ef grading permits. The IIjlplieaflt shall previde a SWPPP fer
pest eenstruetien whieh deseribes BMP's that wiII be iflljllemelltea fer the develepment and
ineluding maiatenanee respensibilities.
Page 5 of 10
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AGENDA ITEM NO. 10
PAfE.&-fF. 1'/.
.:11' ....:: -~
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 30302
(\ (REVISIONS MADE TO EXTENSION OF TIME REQUEST QN JUNE 10. 2005)
56. Ildllelltien gaidelines and Best Management Pmetiees (BMP) sliall he pr-e'/ided te h~i1ding
eeellflants ,fer . eaMeer sterage, I'llliMing and vehiele maintenanee as '1/ell' as ether,
el'l"/ifenmental awareness eauelltienal mllterials en geed hellsekeeping priletiees that
eentrihllte te preteetien ef steffil\'/lIter quality and met the geals ef tae BMP in 8l1flplement
. "An.in tae Ri'/erside CeHHty NPDE8 .Dminage .'V-ea Management Plan.
57. IlltefSeetiensite distaHee.saall meet. the design eriteria efthe CALTR,-\JI8 Design Man~al
(partielllar allelltien saellld he talcen for interseetiens ell the inside ef eur'{es). If site
distanee ean Be ebstmeted. a sfleeial limited use easement must be reeenled te limit the
slofle, t)'fle eflalldseRfling and wall plaeement.
. ". . . .
58. Aeeess en 8R 74 shall be restrioted and rellUire the Rflpre'/al of Callran~ prier te final ffi!lJ3
appre'/al.
. ,\, ,
59. ".pfllieallt shaH eause te he reeerded a CC&R waieh pre'/ides for irreveeable leeipreeal
parking, eirolllatiell, leading and landseRfle maintellanee easemellt ill fa'/er ef all lets
sabjeet te the Rflflre'/al of the dir-eoter ef CemlllUllityDe'/elepB;leHt & the City ...!lemey. .
The CC& R saalI enfaree standards ef hllildillg mailltellallee, partieiplltien in laIldseRfle
maintenanee, prehibitien ef elltside '{ehiele ermaterial sterage.
(I
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60. In aeeerdallee with the City's FFllHohise .\greement for waste disflesal & reoyoling, the
Rflplieant shall be requir-ed te eentraet with CR&R Ine. fer remeval and dispesal ef all
waste mllterial, debris, vegetlltien'and ether rubbish geneFllted ooringeleanillg, demelitiell, .
elear aHd gml3billg ar all etheqlhases ef eellstfUetiell. "
21. Location of inlet and outlet structures of drainage system including detention basin shall be
included 'on the' improvement, plans.. : Information shall be supported with technical,
, calculations.'
22. Applicant shall provide for transitions between existing and proposed improveme~is along
Central Avenue.
".-
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23. Dedicate and improve Cambern AvenufZ.for,a width of 50-foot right-of-way from the
centerline to the project property line. Street improvements shall require a 20-foot width
,from the centerline towards the project 's property line.
24. Dedication for the extension of Crane and Allen Street shall be shown.. on all maps. Both
streets are required to be 40-feet of street cross section on 60-feet of right-of-way.
25, Provide for reciprocal access between parcels. On site circulation,shall. be approved by the
City Engineer.
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Page 6 of 10
A~~f."I/r;1J11
CONDITIONS OF APPROVAL FOR,'
TENTATIVE PARCEL MAP NO. 30302
(REVISIONS MADE TO EXTENSION OF TIME REOUEST ON JUNE 10. 2005) ,
u
26. Access to Central Avenue shall be restricted.
27. Driveway with respect to Central Avenue shall be located to align with the extension of Allen
Street. "
28. Show that the site is not within the lOO-year flood plane. All building finished floors
impacted by the 100-year flood plane shall be graded to l-1oot above the lOO-year flood
plane elevation. 1n the event the building pads are within the 1 OO-yearjlood plane, a LOMR-
F shall be processed1hrough FEMA.
29. All onsite drainage will be required to drain to the public tight of way via surface flow or
storm drain system. Off site drainage will need to be conveyed through the site and outlet in
a manner consistent with historic flow. '
30. All Public Works requirements shall be complied with as a condition of development qs
, specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
31. Pay all Capital Improvement and Plan Checkfees (LEMC 16.34, Resolution 85-26).
32. Submit a "Will Serve" letter to .tJie City' Engineering' Division from the applicable water
agency stating that water and sewer arrangements have been made for this project. Submit U
'. this letter prior to final map approval.
33. If the existing street improvements are to be modified,. the eXisting street plans on file shall be
modified accordingly and approved by the City. EngineeF prior to issuance of building
permit. An encroachment permit will be required t? do the work.
.' '\
34. 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).
35. Street improvement plans and specifications shall be prepared by a Calif. Registered'Civil
Engineer. Improvements shall be designed and constructed to Riverside County Road
. Department Standards, latest edition, and CityO!des (LEMC 12.04 and 16.34). ' '
36. Applicant shall construct public improvements or enter into an agreement with the City for
the construction of public works improvements and shall post the appropriate bonds prior to
final map approval. . '
"
,37. Pay all fees and meet requirements of encroachment permit issued by the Engineering
Division for construction of public works improvements (LEMC 12.08 and Resolution 83c
78).
Page 7 of 10
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AGENDA ITEM NO. JD
PAfE..L2.. OF J '1_
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 30302
('. (REVISIliNS MADE TO EXTENSION OF TIME REOUEST ON JUNE 10.2005),'
38. All compaction reports. grade certifications, monument' certifications (with tie notes
delineated on 8 ):1" x 11" Mylar) shall be'submitted to the Engineering Division before final
inspection of public works improvements will be scheduled and approved. '
39. Applicant shall obtain all necessary off-site edsementsfor off-site grading from the adjacent
property owners prior to final map approval.
40. Arrangements for relocation of utility company facilities (power poles, vaults. etc.) out of th~
roadway or alley shall be the responsibility of the property owner or his agent. .
41. Provide fire protection facilities as required in writing by f?iverside County Fire,
42. Provide street lighting and show lighting improvements as part of street improvement plans
as required by the City Engineer. ,.
43. Developer shall install' blue reflective pavement markers in the street at all fire 'hydrant
locations.
n
44. Applicant shall submit a traffic control plan showing all traffic control devices for the tract
to be approved prior to final map approval. All traffic control devices shall be installed prior
to final inspection of public improvements. This includes No Parking and Street Sweeping
. Signs for ~treets within the tract.
45. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy
applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or
developer to pay $300 per sheet for City digitizing.
46. All utilities except electrical- over 12 kv shall be placed underground. as approved by the
serving utilitY. ' .
47. Apply and obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be '
required if the grading exceeds 50 cubic yards or theexistingflow 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 andflow pattern inspection can be conducted before grading begins.
48. Provide soils.' geology and seismic report including street design recommendations. Provide
. final soils report showing compliance with recommendations.
49. An Alquis-Priolo study shall be performed on the site'tb identify any hidden earthquake faults
. and/or liquefaction zones present onCsite.
('.
Page 8 of 10
AGENDA ITEM NO. to
PAOE 13_ f:*-' 1.
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 30302.
(REVISIONS MADE TO EXTENSION OF TIME REOUEST ON JUNE 10.2005)
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50. 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 30ft. in he.ight shall be. contoured.
51. Individual lot drainage shall be conveyedto a public facility or accepted by adjacent
property owners by a letter of drainage acceptance or conveyed to a drainage easement. "
52. Dn-site drainage facilities located outside of road right-ol-way should be contained within
drainage easements shown on the final map. . A note should be added to the final map
stating: "Drainage easements shall be kept free of buildings and obstructions ".
53. Meet all requirements of LEMC 15.64 regardingflood hazard regulations.
'.'
54. Meet all requirements of LEMC 15.68 regardingfloodplain management. .
55. The applicant to provide FEMA elevation certificates prior to certificate of occupancies
56. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer.
Developer shall mitigate any flooding and/or erosion caused by development of site and
diversion of drainage.' ,
57: All drainage facilities in this tract shall be constructed to. Riverside County Flood Control U
District Standards.
58: Storm drain inlet facilities shall be appropriately stenciled. to prevent illegally dumping in
the drain system, the wording and stencil shall be approved by the C;ity Engineer. .
59. 10 year storm runoff should be contained within, the curb and the 100 year storm runoff
should be contained within the street right-ol-way. When either of these criteria are
exceeded, drainage facilities should be installed.
< . . '
60. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all
Master Planned Drainage facilities constructed.
61. Applicant will be required to install BMP's using the best available technology to mitigate
any urban pollutants from entering the watershed.
62. Applicant shall provide the city with proof of his having filed a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
System (NPDES) program with a storm water pollution prevention plan prior to issuance of
grading permits. The applicant shallprovide a WQMP for post construction which des,cribes
BMP's that will be implementedfor the development including maintenance responsibilities.
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Page 9 of 10 ,
AOEMDA ITEM NO. J 0
... PAfE..i!LOF /1
(\
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CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 30302
(REVISIONS MADE TO EXTENSION OF TIME REQUEST ON JUNE 10.2005)
63. Educaiion 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 thilt'
contribute to protection of stormwater quality and met the goals of the BMP in Supplement
"A" in the Riverside County NPDES Drainage Area Management Plan.
-', ,
65. Parking lot and roof runoff must go through a filtering system before draining to the public
maintained storm drain and or provide permeable parking lot gutters.
66. Applicant shall cause to be recorded aCC&R 's with recordation of final map which provides
for irrevocable reciprocal parki~g, circulation, loading and landscape' maintenance
easement .in favor of all lots. subject. to the approval of the director of Community
Development & the ,City Attorney. : The CC& R's, shall enforce standards of building
maintenance, participation . ill landscape maintenance, prohibitioll of outside vehicle or
material storage. '"
67. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
. applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste
material, debris, vegetation and other rubbish generated during cleaning, demolition, clear
and grubbing or all other phases afconstruction.
"I
"
(Note: Fees listed in the Conditions of Approval are the' best estimates available at the time of
approval. The exact fee amounts will be reviewed at the time of building permit issuance and
may be revised.) .
. (.
" .
Note: Conditions 2Lthrough.67 were added on June 10, 2005 at the. City Council Meeting.
(~Italics indicates addition to text, str-ikethrellgh, indicates removal from original textL
End of Conditions
/.
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Page 10 of 10
AGENDA ITEM NO. I/)
PAOE.E- OF I r
CITY OF LAKE ELSINORE
REPORT TO. CITY COUNCIL
u
TO:
FROM:, .
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
RICHARD.]. W ATENPAUGH, CITY MANAGER
"
DATE:
MARCH 25, 2003
'\
SUBJE<::T:
,\ '.'.
MITIGATED NEGATIVE DECLARATION NO. 2002-04 AND
TENTATIVE PAR-CEL MAP NO. 30302 - APN377-030-004, 005, AND'
377-090-009 . .
'.J :,. ',-
,"
REOUEST
Certify Mitigated Negative Declar~tio'n N~. 2002:04'
\. . , .
.
. Approval to subdivide 13.8 acres into ten (IO) commercial parcels pursuant to Title 16,
Subdivisions and Chapter 17.48, C-2 (General Commercial District) of the Lake Elsinore
Municipal Code (LEMC) and the requirements of the State of California's Subdivision
Map Act.
,
,
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BACKGROUND
, "
At their regular meeting of March 4, 2003, the Planning Commission..adoptedResolutiofl No.
2003-08 recommending that City Council certify Mitigated Negative Declaration No. 2002-04
and adopted Resolution No. 2003-09 recommending that City Council approve Tentative Parcel
Map No. 30302. . : , ,
The applicant proposes to.subdivide 13.8 acres of vacant land into ten (10) commercial parcels, '"
however, only six ofthe parcels (Parcel I through 6) are allowed to be developed at this time due
to the discovery of a Blue ,Heron rookery (a rook,ery is defined as five or more active nests
occurring in a stand of trees) on the southern boundary of the site (Proo::e1s 7 through 10). Parcels
7 through 10 are to be avoided until a replacement habitat for the Blue Heron is found, or the
owner may seek an alternative mitigation that is agreed upon by the City and'the US Department
ofFish and Game (see Condition of Approval No. 19).
The parcels. range in size from the largest parcel, Parcel 6, 3.2 acres (141,270 square feet), to the
smallest Parcel. 7 and 10, .57 acres (25,000 square feet). The project is located at the
southwestern comer of Central Avenue and Cambern Avenue. Access to the parcels will be
taken from a right turn only from Central Avenue and two driveways off ofCambern Avenue. A
reciprocal parking and access agreement is a Conditional of Approval. Copies of the Planning
Commission's Minutes, Staff Report, and Conditions of Approval dated March 4, 2003 are
attached. A 7fA4/MiFAJr /.
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A~A ITEM NO. J()
PA~J./t2.. OF..L2-
REPORT TO THE CITY COUNCIL
MARCH 25, 2003
PAGE 2 of3
(',
SUBJECT:
MITIGATED NEGATIVE D~CLARATION NO. 2002-04 AND
'TENTATIVE PARCEL MAP NO. 30302 - APN 377-030-004, 005
AND 377-090-009
DISCUSSION
Condition No. 31 was changed just' prior to the Plaruiing' Commission Hearing at'the' request of
the applicant and subject to Engineering Division agreement. Planning Commissioners 'asked for
verification of whether .a signal would not be warranted at the corner of Central Avenue and
Cainbern Avenue at this time. The answer.was not at this time.'Noothei corrections or additions
were made to the project.
ENVIRONMENTAL
, .
.! ->
Pursuant to the California Environmental Quality Act, Staff prepared Mitigated Negative
Declaration No. 2002-04. A Mitigation Monitoring Program has also been prepared.
RECOMMENDATIONS
("\ Stalf recommends that City Council certify Mitigated Negative Declaration No. 2002-04, and
approve Tentative Parcel Map No~ 30302 based on Ex~ibits 'A' thru 'C,' the recommended
Findings, and subject to the attached Conditions of Approval.
,
FINDINGS
Mitigated Negative DeclaratiollNo. 2002-04
1. Negative Declaration No. 2002~04 has been prepared, submitted and reviewed in accordance .....
with requirements of the California Environmental Quality Act and the City's CEQA
requirements. The report is complete and adequate in it's evaluation of all environmental
effects of Tentative Parcel Map No. 30302 and associated discretionary approvals. Tentative
Tract Map No. 30302 and associated discretionary approvals will riot result in any significant
environmental impacts with mitigation measures. "
.
2. The proposed project will not have impacts that are individually limited but cumulatively
considerable. Given that project impacts are insignificant, cumulative impacts are not
foreseen.
3. The proposed project does not have the potential to significantly adversely affect humans,
either directly or indirectly with mitigation measures.
("\
AOENDA ITEM NO. J tJ
PACE..J..:L OF 11
REPORT TO THE CITY COUNCIL
MARCH 25, 2003
PAGE 3 of3
SUBJEC.f:
MITIGATED NEGATIVE DECLARATION NO. 2002-04 AND U
TENTATIVE PARCEL MAr NO. 30302 - APN 377-030-004, 005
AND 377-090-009 '~, '
Tentative Tract Map 30302
1. The proposed subdivision, together with the provisions for its design and improvements, is
consistent with the General Plan. The proposed subdivision is compatible with the objectives,
policies, general land uses and programs, specified .in the General' Plan (Government Code
Section66473.5).. "
, ,
, .. .
2. The effects this project is. likely to have ;upon the housing needs of the region, the, public
service requirements of its residents and the available fiscal and environmental resources
have been considered and balanced.
'-",' , .'
3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to
: result in any significant environmental impacts.
Prepared by:
U
, Miller, AICP, Associate Planner,
Reviewed by:
Approved by:
Approved for
Agenda Listing by:
ommunity Development Director
, Richard J. Watenpaugh, City Manag,er
,.
Exhibit' A'
Exhibit. 'B'
Exhibit'C'
,Planning Commission's,Minu,tes,StaffReport including Conditions of Approval dated March 4, 2003
Full Size Site Plan
Color Site Plan "(Presented at Hearing) ,
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AOENDA ITEM NO. / D
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:'
ROBERTA. BRADY, CITY MANAGER'
DATE: t,
, MAY 10,2005' .
'"
SUBJECT:'
MACHADO STREET PAVEMENT REHABILITATION
BETWEEN LINCOLN STREET AND 'GRAND AVENUE
."t .,
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BACKGROUND
The Machado Street pavement rehabilitation project is included in the proposed
Fiscal Year 2005/2006 Budget. The pavement rehabilitation project encompasses
.Machado Street between Lincoln Street: and Grand Avenue. . The portion of
. Machado Street between Lincoln Street and LeHarve Avenue. falls. within the
City's'jurisdiction and the portion between LeHarva Avenue and Grand Avenue
falls within Riverside County? s jurisdiction. City. staff ha.s met with Riverside
County' Transportation 'officials regarding a. cooperative project; with the' City
acting as the. lead agency.! County staff has tentatively agreed.: A cooperative
agreement has been prepared by City staff and has been reviewed and approved by
the City Attorney. The cooperative agreement has been transmitted to the County
for the Board of Supervisor's consideration and subsequent approval. Once
approved, the agreement will be brought to City Council for approval. County
staff has requested construction to start in the early part of fiscal year 2005/2006.
In order to expedite the construction schedule, design of the project should
commence as soon as possible.
ACENDA ITEM NO.
PAGE \
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OF "3
REPORT TO CITY COUNCIL
MAY 10, 2005
PAGE 2
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DISCUSSION
Pavement repairs on Machado Street between Riverside Drive and Lincoln Street
were completed last year. The pavement between Lincoln Street and Grand
Avenue is distressed and needs immediate attention.. The consulting firm of Harris
and Associates submitted a proposal of $56,000 to perform all engineering
necessary to prepare plans, specifications and cost estimates for the project.
Another $9,000 is needed for administration costs for a total of$65,000. The City
owns fifty-six percent (56%) of the Machado Street and the County owns the other
forty-four percent (44%) of the roadway.
FISCAL IMPACT
The total project costs including the City and County's portion, is estimated at
$857,000. The estimated ~osts include construction, contingency, preparation of U
p'lans, specifications and estimates, inspection and administrative costs. The City's .
. pro-rata share of fifty-six percent (56%) equates to $480,000 and the County's pro-
rata share offorty~four percent (44%) equates to $377,000. There is funding
available in the budget for fiscal year200512006 from Traffic Impact Fees (TIF.
#205).: An allocation of$65,000 is requested,at this time to cover consultant fees,
and administrative costs.. Theremaining $415,000 will be lltilizyd in Fiscal Year
2005/2006 as originally budgeted.
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ACENDA ITEM NO.
PAGE 2.,
II
OF ;.
REPORT TO CITY COUNCIL
n MAY 10,2005
PAGE 3
RECOMMENDATION
It is staffs recommendation that the Mayor and City Council authorize the budget
increase for 2004/2005 of$65,000 from TIF Funds already budgeted for this
project in Fiscal Year 2005/2006.
PREPARED BY:
David S. Solomon, Associate Civil Engineer
APPROVED FOR
AGENDA BY:
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ACENDA ITEM NO.
PACE 3
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OF "3
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MAY 10, 2005
SUBJECT: MEMORANDUM OF UNDERSTANDING FOR JOINT
MONITORING OF EMERGENCY AMBULANCE
SERVICES
BACKGROUND
Ambulance service is provided to the City of Lake Elsinore by American
Medical Response (AMR) through a contract with the Riverside County
Emergency Medical Services (EMS) Agency. The contract includes
performance standards that must be met by AMR. If the standards are not
)'Ilet AMR may be subject to monetary penalties as defined in the contract.
The City has previously entered into a Memorandum of Dnderstanding
(MOD) with the EMS Agency for joint monitoring of emergency ambulance
services provided by AMR. The previous MOD expired June 30, 2003.
FISCAL IMPACT
The penalty monies collected under the terms of the MOD must be used for
enhancements to the EMS system.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to sign
the Memorandum of understanding for Joint Monitoring of Emergency
Ambulance Services with the Riverside County Emergency Medical
Services Agency.
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MOD For Ambulance Service Monitoring
May 10, 2005
Page 2
PREPARED BY: Robert A. Brady, City Manager
APPROVED FOR
AGENDA LISTING:
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Attachments
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. . COMMUNfty HEAlHI AGENCY' DEPARTMENT OF PU6L1C HEALTH
EMERGENCY MEDICAL SERVICES AGENCY'
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Aprilll,2005
Peggy Storaasli, City Clerk's Offi~e
The City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Dear Ms. Storaasli:
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In April of2004 this office mailed "Mem?rlmdumofDnderstan<futg (MOD) for JOInt Monitoring of
Emergency Ambulance Services" to your City Clerks Office. This MOD was to replace the existing
MOD which expired June 30, 2003.
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Attached are three (3) copies of the MOD that was mailed. Please sign and return all three (3) copies by
no later than May31, 2005.' if we do not receive the executed docuI?ents by that date we will be unable
to gnarantee your city will receive any firie money due to you per this MOD. .
Riverside County EMS Agency
Attn: Point Blank .. .
P.O. Box 7600 .
Riverside, CA 925n:7600
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One (I) copy' of the MOD will be returned to you after it is signed:by the County of Riverside
representative.
Please contact me at 951-358-5029 should you have any questions.
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MIchael Kleiner
Assistant EMS Agency Director
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~~ount.y Circle Driver Riverside. CA 92503 . Mailing Address: :P.O_ Box 7600, Riversidep CA 925 ~~;~;~;---,._~_.
Phone: 951.358.5029. TDD 951.358.5124. Fax 951.358.5160. rivcoems.org
MEMORANDUM OF UNDERSTANDING (MOU) FOR JOINT MONITORING
OF EMERGENCY AMBULANCE SERV.CES
This MOU is entered into pursuant to Schedule E-I in the Agreement for "ALS Exclusive
Operating Areas - American Medical Response Master Contract" (hereafter referred to as
"the Contract"). The City of Lake Elsinore herby known as "City", and the Courity of
Riverside, acting through its Emergency Medical Services (EMS) Agency, do enter into
this Agreement with reference to the following facts: . ,
A. The participants agree to consult on issues regarding provider performance,
changes or cancellation of the contract with the provider and distribution of
performance penalty monies received under the perfonnance based contract and
other decisions related to administration of the Contract.
B. By entering into this Mo.U, ,the participants do not waive or otherwise relinquish
any legal rights or obligations as they may have under law. '
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Now therefore the participants agree as follows:
I. . , The EMS Ag~~cy ~i11 pro,:,id~ 'st~ff for day-to-day management and
administration of the Contract with regular,reporting Ofperformance to the
EMS Administrative Group as described in #2 b~low.
Each participating agency will designate an individual to serve on an EMS
Administrative Group that will mutually review performance reports, monitor
contract compliance and determine use and allocation of performance penalty
monies received from the provider as well as othf;r duties mutually agreed to,
on pehalf of the 9ity. The individual will be t~e City Manager or designee
from each City, the Riverside County Fire Chief or designee from the
unincorporated areas, and the EMS Agency Director or designee.
2.
3. The term of this agre~ment shall begin April I, 2004 and run through June 30, .
2009, or throughout the term of the Contract if extended with the emergency
ambulance provider.
4. There shall be no assessment to County Fire for the costs ~f admillistering the
Contract or this MOU.
5. Performance standards will be as specified in the Contract between Riverside
County and the emergency ambulance provider, or as otherwise modified
from time to time.
6. City may request modified services as provided by the Contract, subject to
negotiated costs or savings, and EMS Agency approval.
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MOD
Page 2 of2
7.
County Fire will invoice the County of Riverside EMS Agency annually for
payment of penalties.
8. All monies collected by City under terms of this MOD will be used only for
EMS system enhancements.
9. Ambulance rates will be set in accordance with County and Community
Health Agency (CHA) policy with input from the involved cities.
10. All notices, statements, demands, requests, consents, approvals,
authorizations, agreements, appointments or designations hereunder shall be
given in writing and addressed to each party in the MOD.
II. The participants agree to cooperate in carrying out the purposed and intent of
this MOD and to execute, acknowledge and deliver all additional agreements,
instruments or other writings reasonably necessary to carry out this MOD. No
party hereto, however, shall be compelled to surrender its discretionary
powers of approval as contemplated in this MOD by virtue of this covenant.
Name
Title
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Signature
Date
County of Riverside
Title
Signature
Date
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CITY O'F LAKE ELSINO'RE
REPO'RT TO' CITY CO'UNCIL
TO':
MAYO'R AND CO'UNCILMEMBERS
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FRO'M:
RO'BERT BRADY, CITY MANAGER
DATE:
MAY 10,2005
SUBJECT:' A RESO'LUTION O'F THE CITYCO'UNCIL O'F THE CITY
O'FLAKE ELSINO'RE TO' VACATE A PO'RTION O'F 3RD
STREET EAST O'F CO'LLIER AVENUE FO'R THE
CO'NSTRUCTION O'F A WATER AND SEWER PUMP
STATION
BACKGRO'UND
. Third Street east of Collier Avenue is an unimproved dirt road that terminates at
the west edge of Caltrans right-of-way for Interstate 15. Because the street and
surrounding properties are unimproved, this portio? of 3rd Street is not generally
used by the public for street purposes.
The Elsinore Valley Municipal Water District has determined that this portion of
3rd Street is a potentially desirable location for water facilities which are
. necessitated by the increased growth rate within the City.
The City has initiated vacation proceedings in order to evaluate the necessity of
continued use of3rd Street as a public road. The attached Resolution of Vacation
is a declaration by the City of Lake Elsinore that a portion of 3rd Street is
unnecessary as a public street and, on that basis, is vacated pursuant to Section
8300 et seq., of the Streets and Highways Code. If the City Council approves the
proposed vacation, any transfer of the ownership of the property would be a
separate transaction.
AGENDA ITEM NO.
PACE I
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OF 0-
REPORT TO CITY COUNCIL
MAY 10,2005
PAGE 2
DISCUSSION
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The proposed vacation is slated for the rear two-thirds of the street near Interstate
15. Access to the adjacent lots is preserved through the front third of 3'd Street
adjacent to Collier Avenue. Staff has met with adjacent property owners and
discussed several issues including limited access and the aesthetic impacts of the
proposed pump station. Staff has identified approximately 166-feet available on
the remaining portion of 3'd Street as viable access from 3'd Street.
At its April 12, 2005 meeting, the City Council continued the vacation
proceedings to May 10. 2005 in order to allow ongoing discussions with
EVMWD. On April 21, 2005, EVMWD adopted a Resolution of Necessity in
order to commence condemnation proceedings against that 'portion of 3rd Street
identified for the proposed installation of water facilities. It is anticipated that
EVMWD will file an eminent domain action in order to acquire the desired
property rendering the City's vacation proceedings moot.
FISCAL IMPACT
. None.
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RECOMMENDATION
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1. Staff recommends that the City Council continue the public hearing on this
item to May 24, 2005.
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2. Alternatively, the City Council may" determine to adopt the attached
Resolution for the Vacation of a portion of 3'd Street.
PREPARED BY:
Ken A. Seumalo, City Engineer
Attachment: A.
B.
APPROVED FOR
AGENDA BY:
Third Street Vacation Resoluti n
Location Map
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AGENDA ITEM NO.
PAOE o?
.RJ
OF ,5'"'
RESOLUTION NO. 2005;-
n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, FOR THE VACATION OF A PORTION OF THIRD STREET
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WHEREAS, the City Council of the City of Lake Elsinore has determined that a portion of the
street right~f-way is no longer necessary to be utilized as public roadway right-of"way, said easement
being more particularly described as follows:
!'.
A portion of Third Street 60.00 feet wide, of The North Elsinore Tract, in the City of
Lake Elsinore, County of Riverside, as Shown by Map on File in Book 5, Page 105,
records of San Diego County, described as follows:
,.
Commencing at the most southerly comer of Lot 13, of Map entitled "Walls First
Addition To Elsinore" as shown on map filed in book 13, page 620, records of San Diego
County, said point being on the northwesterly line of Third Street, former known as the
Bell Street and the northeasterly line of Collier Avenue;
Thence N43042'40"E 322.85 feet along the northwesterly line of said Third Street to the .
southwesterly Right of Way ofInterstate 15, as Riverside County;
Thence S36039'08"E 60.86 feet along Said State of California Land to the southeasterly
line of said Third Street;
n Thence S43042'40"W 312.66 feet along the southeasterly line of.said Third Street;
Thence N460IT20"W 60.00 feet to the northwesterly line of Said Third Street and,the
Point Of beginning.
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WHEREAS, the City Council for the City of Lake .Elsinore desires to vacate said right-of..way
pursuant to the procedures set forth in Streets and Highways Code Section 8335, et sea.:
WHEREAS, the vacation is permitted by law under pursuant to the conditions set forth in Streets
and Highwavs Code Section 8333;
WHEREAS, that from and after the date the resolution is recorded, the street, highway, or public.
service easement vacated no longer constitutes a street, highway, or public service easement;
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WHEREAS, pursuant to this Resolution 2005- , the public hearing has been held and evidence
submitted;
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AGENDA ITEM N\..,_ ;;2, (
PAOE :3 .OF S
f~c
NOW, THEREFORE, BEJT RESOLVED by the City Council of the City of Lake Elsinore as
follows:
1.
That the foregoing recitals are true and correct.
2.
That based on the evidence submitted atsaidpublic hearing, the City Council hereby finds
that the street and alleys described in this Resolution is unnecessary for present and
',.
prospective use: : : , , ,
3. That the street and alleys right-of-way more particular described above is hereby ordered to
be vacated.'
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4. That the City Clerk I hereby ordered to record the Resolution 'of Vacation in the Riverside
County>Recorder's Office.
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PASSED, APPROVED AND ADOPTED this
day of
2005 by the following vote:
AYES:.
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
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ABSENT: COUNCILMEMBERS:
ABSTENTIONS:COUNCILMEMBERS:
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ATTEST:
ROBERT A. MAGEE, MAYOR
'", CITY OF LAKE ELSINORE
VICKI KASAD, CITY CLERK,
CITY OF LAKE ELSINORE
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APPROVED AS TO FORM:
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BARBARA LEIBOLD, CITY ATTORNEY
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ATTACHMENT B
AGENDA ITEM NO. aU
.. PACE 5 OF D
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL '
FROM: . ROBERT A. BRADY, CITY MANAGER
DATE: MAY 10,2005 .
SUBJECT: TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM
PURPOSES", AND INDUSTRIAL PROJECT NO. 2004-07 -
COLLIER AVENUE BUSINESS PARK.
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APPLICANT
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Mr. Jeffrey Johnston . !
Collier Development Company, LLC
12040 E. Florence Avenue
Santa Fe Springs, CA 90670
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(\ REQUEST
Tentative Parcel Map No.32911 "For Condominium Purposes", and Industrial Design
Review No. 2004-07. The applicant isrequesting Tentative Parcel Map and Design
Review consideration for the construction of a commercial manufacturing
condominium business park consisting of 62,287 square feet on 3.65 acres of land.
The project site is located on Collier A venue approximately 600 feetnorthwest of
Riverside Drive (APN 378-030-014). Access to the project site is taken from Collier
Avenue. The application is pursuant to Section 16 "Subdivisions" and Chapter 17.30
(Condominium and, Condo' Conversions) of the Lake Elsinore Municipal Code
(LEMC) and Section 66424 and 66427 of the' California Subdivision Map Act
(CSMA). The application also complies with Chapter 17.38, Non-Residential
Development Standards, Chapter 17.54, C-M Commercial Manufactunng District,
Chapter 17.66, Parking Requirements, Chapter 17.82, Design Review, and with all
applicable standards ofthe Lake Elsinore Municipal Code (LEMC).'
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BACKGROUND
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At its regular meeting of April 5,2005, the Planni'ng Commission adopted Resolution
No. 2005-42, recommending to the City Council adoption of findings of consistency
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Mil I OF /IS
REPORT TO THE CITY COUNCIL
May 10,2005
PAGE 2
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with section 6.1.2 of the Multiple Species Habitat Conservation Plan (MSHCP),
Resolution No. 2005-43 recommending to the City Council approval of Tentative
Parcel Map 32911 "For Condominium Purposes?' , and Resolution No. 2005-44,
recommending to the City Council approval oflndustrial Design Review No. 2004-07
(PC Minutes, Staff Report, Conditions of Approval, Resolutions, and Exhibits
attached).
DISCUSSION
Items of discussion were related to the site design and architectural detail of the
proposed buildings. The Commission expressed satisfaction with the design and
layout of the proposed project. It was the general consensus of the Planning
Commission to accept staffs recommendation of approval as proposed.
FISCAL IMPACT
The development will have a positive fiscal impact to the community and the City.
The City will also be positively impacted by the increase in available jobs and the U
growth in new commercial manufacturing and warehouse businesses in the
surrounding areas, such as "Collier Business Park" (D&DCattle) and "The Lake
Commerce Center" (C&C Development) that will be drawn by the location and new
development.
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ENVIRONMENTAL . ,
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Pursuant to the California Environmental Quality Act (CEQA) this project has been
found exempt based on Section 15332, Class 32 "lnfill Developments" ofless than 5
acres. No further environmental clearance is required. .
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RECOMMENDA nON
The PlanriingCommission recommends that the City Council approve the following
applications based on the Planning Commission Findings and subject to the attached
Conditions of Approval and Exhibits.
1. Approve Tentative Parcel Map 32911 "For Condominium Purposes".
2. Approve Industrial Design Review No. I No. 2004-07. U
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REPORT TO THE CITY COUNCIL
May 10, 2005
PAGE3 .
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PREPARED BY: KIRT A. COURY; ASSOCIATE PLANNER
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APPROVED FOR
AGENDA BY:
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ATTACHMENTS
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PC Minutes
PC Staff Report _"
PC Resolutions
PC Conditions of Approval
Exhibits "A" thru "P"
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GENERAL
1. The applicant shall defend (with counsel acceptable 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 at Assessor. Parcel.Nwnber 378-030-014, which action is
bought within the time period provided for in Califo~ia Government Code Sections 65009 and! or
66499.37, and Public Resources Code Section 2116!. 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.
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES"
2. The Tentative Parcel Map No. 32911 "For Condominiwn Purposes" will expire tWo (2) years from
date of approval unless within that period of time the CC&R's and an appropriate instrwnenthas
been filed and recorded with the County Recorder, or an extension of time is granted by the City of
Lake Elsinore City Council in accordance with the Subdivision Map Act. .. .
3.. Priorto the recordation of a fmal map, a lighting plan shall be submitted to the Planning Division
for review and approval. Night lighting shall be directed away from the MSHCP Conservation Area.
. Shielding shall be incorporated in the project design to ensure ambient lighting in the MSHCP
Conservation Area is not increased. These requirements shall be incorporated into the lighting
improvement plan submitted to the Engineering Division. '
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4. The Tentative Parcel Map No. 32911 "For Condominiwn Purposes" shall comply with the State of
California Subdivision Map Act and shall comply with all applicable requirements of the Lake
Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval.
5. Prior to (mal certificate of occupancy of Tentative Parcel Map No. 32911 "For Condominiwn
Purposes", 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.
6. Prior to issuance of a grading permit, the applicant shall prepare and record CC&:R's against the
condominiwn complex. The CC&:R's shall be reviewed and approved by the Community
Development Director or Designee and the City Attorney. The CC&:R's shall include methods of
maintaining common areas, parking and drive aisle areas, loading and unloading rones, landscaped
areas including parkways, and methods for common maintenance of all underground, and above
ground utility infrastructure improvements necessary to support the complex. In addition, CC&:R's
shall established methods to address design improvements.
7. No lot or unit in the development shall be sold unless a corporation, association, property owner's U
AGENDA ITEM NO. ~ ~
PAGE t.{ OF /IS
CONDITIONS OF APPROVAL
Page 2 of8 .
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES>>, AND
n INDUSTRIAL DESIGN REVIEW NO. 2004-07 " . '
group or siinilar entity has been formed with the right to financially assess all properties individually
owned or jointly owned which 'have any rights Or interest in the use of the common areas and
common facilities in the development, such assessment power to be sufficient to meet the expenses
of such entity, and with authority to control, and duty to maintain, all said mutually available features
of the development. Such entity shall operate under recorded CC&R's which shall include
compulsoty membership of all owners of lots and/or dwelling units and flexibility of assessments to
meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit
enforcement by the City for provisions required as Conditions of Approval. The developer shall
submit evidence of compliance with this requirement to, alid receive approval of, the City prior to
making any' such sale. This condition shall not apply to land dedicated to the City for public
p~ses.
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8. Provisions to restrict parking upon other than approved and developed parking spaces shall be
written into the covenants, conditions and restrictions for each project.
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INDUSTRIAL DESIGN REVIEW NO. 2004-07 ,
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9. Design review approval for Industrial Project No. 2004-07 will lapse and be void unless building
. permits are issued within one (1) year. An extension of time, up to one (l)year per extension, may be
granted by the Commrmity Development Director prior to the expiration of the initial Design Review
approval upon application by the developer one (1) month prior to expiratio~. ,
10: All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance
by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of
OccUpancy and release of utilities. ' ' . ,. . ' ',.. ." ,
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11. Mlnufactui-ed slopes associated with the propbsed site development shall not extend into the MSHCP
. Conservation Area. The final grading plan shall be submitted to the Planning Division for approval.
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12. All site improvements approved with this request shall be constructed as indicated on the approved
site plan and elevations. Revisions to approved site plan or building elevations shall be subject to the
review of the Commrmity Development Director: All plans submitted for Building Division Plan
Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning
Commission/City Council through subsequent action.
13. Structures shall be placed on-site as depicted on the site plan and! or as modified by the Community
, . Development Director or designee., . ., .
14 . Trash enclosures shall be constructed per City standards as approved by the Commrmity Development
Director or designee, prior to issuance of building pennit. "
IS. The Planning Division shall approve construction trailers utilized, during construction. All
construction trailers shall require a $1,000.00 cash bond for each.
(\ 16. All roof mounted or ground support air conditioning rmits or other mechanical equipment incidental
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AGENDA ITEM NO.
PAGE S-
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CONDITIONS 9F APPROVAL
Page 3 of 8
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES", AND
INDUSTRIAL DESIGN REVIEW NO. 2004-07
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to development shall be architecturally screened or shielded by landscaping so that they are not visible
from neighboring property or public streets. Any roof mounted central swamp coolers shall also be
screened, and screening plan shall be approved by the Community.Development Director, prior to
"; ,issuance of building pennit.
17. All loading wnes shall be clearly maIked with yellow striping and shall meet City Standards for Type
. 'A' loading wnes (12' x 20) and Type 'B' loading zones (12' x 40').
18. 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.
11. Materials and colors depicted on the plans and materials board shall be used unless modified by the
Community Development Director or, designee. ' . .
12. 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 horiwntal plane of the fixture. '
All light fixtures shall be consistent with the architectural style of the building.
13. All exterior downspouts shall be concealed or architecturally screened and painted to match the
. exterior color ofthe building as approved by the Community Development Director 'or Designee.
14. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to ( \
. the issuance of the first building pennit.' "'-J
15. All building signage shall co~p~with the Si~Pr~gram sub~tted to the Planning Division. ~
,
16. No outdoor storage, of any materials/merchandise is pennitted with this application. All outdoor
, storage shall be subject to the approval of i Conditional Use Pennit pursuant to Chapter 17.74
(Conditional Use Pennirs) and Chapter 17.54 (Commercial Manufacturing District) Section
17.54.040(A) (Outdoor:Storage).
',.
17. 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.
,'1
18. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart.
,.<' .
19. Provide a 12-inch concrete paver along the side of paiking stalls.that are adjacent to planters (paver
to include cum width).
';.j .'
20. Applicant shall meet ADA (Americans with Disabilities Act) requirements.
21. No exterior roof ladders shall be pennitted. " .,
"
22. All service and loading doors shall be painted to match the building.
. )
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AGENDA ITEM NO. ~ ~
PACE (p OF lIS
.
CONDITIONS.OF APPROVAL
Page 4 ofS ,
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMIl':-lIUM PURPOSES", AND
("\ INDUSTRIAL DESIGN REVIEW NO. 2004-07 .
, 23. On-site surface'drainage Shall not cross sideWalks.
PRIOR TO BUILDING/GRADING PERMITS
" . . ; \...r >'.' " .,
24. Prior to i~Suance of any grading permit or building permits, the applicant shall sign and complete an
<<Ackllowledgement of Conditions" form and shall return the executed original to the Planning
Division for inclusion in the cas~ records. ,
25. Prior to grading permit, a fmal Landscaping Plansltallhe,submitted to the Planning Division for
review and approval. The plant palate shall avoid the list of invasive plant species identified in the
MSHCP as those species to be avoided adjacent to the MSHCP Conservation Area ,(M:SHCP Final
in Volume 1, Section 6 in Table 6.2 onPage6A4thi-ough 6-46). ,
'. '-, .' ,., .,
26. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be subinitted, reviewed and
. approved by the City's Landscape Architect Consultant and the Conununity 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.
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g)
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h)
, ,. ~.
a)
All planting areas shall have, permanent and automatic ;prinkler 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
forty feet (40') apart and,at least twenty-fqllr-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") wid~ concrete curb.
Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-
six inches (36 ").
d)
e)
Landscape planters shall be planted with an appropriate parking lot shade tree pursuant
to the LEMC and Landscape Design Guidelines. ,.
f)
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 tothe use 'of
Xeriscape or- drou'ght resistant plantings with combination drip irrigation system to be
used to prevent excessive watering.
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
AGENDA ITEM NO. ~ d.
PACE 7 OF /f5
CONDITIONS' OF APPROVAL
Page 5 of8
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES", AND .
INDUSTRIAL DESIGN REVIEW NO. 2004-07 . .
,1 .
by the applicant at the end of the required two years with approval/acceptance by the
Landscape Consultant and Community Development Director or Designee. .
~ All landscaping and irrigation shall be installed within aff~cted 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.
. , " !:.;', ." " .
u
D Final landscape plan must be consistent with appro.Jedsite plan.
k)
Final landscape 'plans to incltide planting aiJd ii'rigation details.. .
."
. 27; Applicant shall comply'with the req~irements of the Elsinore. Valliy Municipal Water. District.
Proof shall be presented to the Chief Building Official prior to issuance of building permits and
final approval. , ;
!,'
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-28. The Multiple Species Habitat 'Conservation Fee (MSHCP) will be dU,e upon issuance of each
building permit. '
29. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the
Lake Elsinore Unified School District have been paid
30. Prior to issuance of building permits,' applicant shall provide assuran2e that' ~ll r~quirements of the
. Riverside County Fire Department have been met.
31. Prior to issuance of building permits, applicant shall pay patl(-in-lieufee in effect at time of building
pemut ~ssuarce. . :,
32. The applicant shall at all times comply with Section 17.78 (Noise Co~trol) of the Lake Elsinore
Municipal Code.
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ENGINEERING
33. All Public Works requirements shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior to building permit.
34. 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 applying for a building permit.
35. Arrangements for relocation of utility company facilities (power pole~, vaults, etc.) out of the
. roadway or ailey shall be the responsibility of t~e property ovmer or his agent. .
36. Provide fire protection facilities as required in writing by Riverside County Fire.
. . .' . ; ,. . ~,. ." '- .! . ' !
3i Provide approval of construction activity within the wetl;u;c1S fro~ the Fish and Games and Corp of U
. Engineers. .' ' . .
AGENDA ITEM NO.
PACE g
~d
OF lIS
CONDITIONS OF APPROVAL
Page 6 of 8
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES"; AND
INDUSTRIAL DESIGN REVIEW NO. 2004-07
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38. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant
shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris,
. vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other
. phases of construction. . . . " ' ,l
39. Dedicate a seven (7) foot wide strip of additional street right-of-way along the northerly 'property
line to the City for a total' of 50 feet of right of way measured from centerline,ol Coll1ier Ave. prior
to issuance of building permit.
40. Provide a seventeen foot (17') slope easement along the northerly property line for future street
. .a1ignm~nt of Collier Ave. priorto issuance of building permit (Res. 87-64). ' '
41. Provide easement agreement for ingress and aggress through adjacent properties.
, .
42. Public tight-of-way dedications and easement shall be prepared by the applicant or his agent. Deeds
shall ?e submitted to the Engineering Division for review and approval prior to issuance of building
pemut.
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43. The developer shall furnish a signing and striping plan for'median, including a stripped left turn
pocket, subject to the approval of the City Traffic Engineer.
, ,
. .
44: The driveway aisles shall be designed so that at least 40 ft. is available between the street curb and
the first parking stall in order to provide adequate on-site storage for entering vehicles.
. . .
45. Street ~provement plans and specifications shall be prepared by a Calif. Registered Civil Engineer.
Improvements shall be designed and constructed to Riverside County Road Department Standards,
latest edition, and City Codes (LEMC 12.04 aiJd 16.34). Street improve merit plans shall show
existing and future profiles at centerline of street and at top of curb, as well as grading contours to
50' beyond the prope~ limits.
;i.
, 46. If the existing street improvements are to be mOdified, the existing street plans on file shall be
modified accordingly and approved by the'City Engineer prior to issuance of building permit. An
. encroachment permit ~ be required to do the work. ,
. \ i . . . .
47. Work done under an encroachment permit for off-site improvements shall,be delineated on the
street improvement plans and approved and signed by the City Engineer prior to issuance of
building permits. " "
48. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division
for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and
requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy.
49. 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 off-site
improvements will be scheduled an,d approved.
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AGENDA ITEM NO.
PAGE "1
J,a
OF /I S
-....
-~
CONDITIONS.oF APPROVAL
Page 7of8
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES", AND
INDUSTRIAL DESIGN REVIEW NO. 2004-07
50. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to grading pennit issuance. '
u
,51. Apply and obciin a grading pennitwith appropriate security prior to building permit issuance. A
grading plan signed and stamped by a Calif. 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
pennit 'shall stilL be obtained: so that a, cursory drainage and flow pattern inspection can be
conducted before grading begins.
, 52. Applicant to .provide erosion control measures as part of their grading plan. The applicant shall
contribute to protection of storm water quality 'and meet the goals of the BMP in Supplement" A"
in the Riverside County NPDES Drainage Area Management Plan.
53. Provide soils, geology and seismic report, including recommendations for parameters for seismic
design of buildings, and walls.
54. An Alquisit-Priolo study shall be performed on the site to identiJY any hidden earthquake faults
and! or liquefaction wnes present on-site. A certified letter from a registered geologist or
geotechnical engineer shall be submitted confirming the absence of this hazard
55. Site development along the wetlands will require special grading and erosion control requirements U
. (LEMC Title15)' "i
;!,
56. On-site drainage shall be conveyed to a public facility or acceRted by adjacent property owners by a
, , ,letter of drainage acceptance or conveyed to a drainage easeme~t. " " ',' ,
, 57. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineer.
58. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to
,issuance of grading pennits. Developer, shall mitigate any flooding, and! Of erosion downstream
caused by development of the site and! or diversion of drainage. "
. ,
, \'
59. The developer shall incorporate into the project plans' combination of Site Design BMPs, Source
control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern
identified for the project, as, required by NPDES, requirements for ,industrial and commercial
projects within the San Jacinto, and Santa Ana River Watersheds. These new requirements all for
on-site Water Quality Management Practices (WQMP's). On-site Filters specialized in removing
specific pollutants from your site must be in place to filter -runoffs prior to entering any city storm
drain facility. .' . ,.'
, ,60. The developer shall incorporate into the CC&R of the industrial, condominium specific requirements
and funds for periodic maintenance' andlor replacement of the BMP system by the Property
Owners Association as required by manufacturer, and accepted by the City Engineer. U
AGENDA ITEM NO.
PACE 10
;}.J.
OF liS
CONDITIONS.OF APPROVAL
Page 8 of8
TENTATIVE PARCEL MAP NO.32911 "FOR COl\lDOMINIUM PUR}'OSES", AND
INDUSTRIAL DESIGN REVIEW NO. 2004-07
[\
'1
61. The developer must submit a condit~onal letter of map revision (CLOMR) to FEMA prior to
issuance of building permits. A.Ietterof map revision (LOMR) must be 'approved from FEMA prior
to occupancy.
62. Meet all requirements of LEMC 15.68 regarding floodplain manageme~t. Finish floor elevation of all
buildings shall be a minimum I-foot above the 100-year flood elevation as shown on the applicable
FEMA FIRM maps. Any fill placed in the l00-year fl~od plane for the purposes of elevating the
, building' floor out of the flood plane shall require a LOMR.-F to be processed with FEMA.
.- ...., '. ., ,".-' '
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63. The developer to provide FEMA elevatio;' certificates prior to issuance'of certificate of occupancies.
64. Developer shall provide the city with proof of his having ftled a Notice bf Intent with the Regional
Water Quality Control Board for the National Pollutant Discharge Elimination System' (NPDES)
program with a storm water pollution prevention plan prior to issuance of grading permits. The
applicant shall provide a SWPPP for' post construction which 'describes 'BMP' that will be
implemented'for the development and including maintenance responsibilities.
65. Developer shall obtain approval from Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan 'including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP that will be implemented for the development and including maintenance
'. responsibilities.' ,
66. 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 cOlitribute to protection of storm water
, , quality and met the goals of the BMP in Sppplemeni "A" in the'Riverside CoUnty NPDES Drainage
Area Management Plan, ' "L' .
67. Pay all Capital Improvement and Plan Check fees (LEMC 16.34)., The Traffic Impact M!tigation fee
is $0.71 per square foot of buildings, and the drainage fee is $7,120 per acre (Arroyo Del Tom
District) and the TUMF amount is $0,46 per square foot of building until June 30, 2005, School
'Developer Fee is $0.36 per square foot of building and Park Capital Improvement Fund fee is $0.10
per square foot. ' ,
68: The City of Lake Elsinore has adopted ordin~ces' for storm~a~e~ management and discharge
control. In accordance with state and federal law, these local sormwater ordinances prohibit the
discharge of waste into storm drain system or local surface waters. This includes non-stormwater
discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of
"Stormwater Pollution, What You Should Know" describing preventing measures are available at
City,Hall~
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PLEASE NOTE: The discharge of pollutan~s into street, ~tters, storm drain system or wateiways -
without Regional Water Quality Control Board permit or waver - is strictly prohibited by local
ordinances and state and federal laws.
ACiENDA ITEM NO.
PACE/I
~~
OF /IS
L
RESOLUfION NO. 2005-42
A RESOLUTION OF THE PLANNING,COMMISSION
OF THE CITY OF LAKE ELSINORE, CALIFORNIA;
RECQMMENDING TO, THE, CITY COUNCIL
ADOPTION OF FINDINGS OF CONSISTENCY WITH ,
SECTION 6.1.2 OF THE MULTIPLE SPECIES'
HABITAT CONSERVATION PLAN (MSHCP) FOR
THE PROJECT KNOWN AS "COLLIER AVENUE
BUSINESS PARK".; ,
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. . . ' . . , I"
WHEREAS, a site specific fO,cusedsurvey for Narrow Endemic Plant Spe~ies is required by
Section 6.1.2 of the Multiple Species Habitat Conservation Plan (MSCHP) for the purpose of
. developing an commercia) manufacturing condomini~mbusiness park; and"
WHEREAS, the City.of Lake Elsinore evaluated the consistency of the project with the
(MSHCP); and
. '
" ,,,", " '.. '." . ,. .
, 'f;.' WHEREAS, the. Planning Commission of the City.of L$e Elsinore has been delegated with
the responsibility of making r.ec~mmen~tion to the ,City, Council adopting the Findings of
Consistency with the MSHCP; and ., .
WHEREAS, public notice of said application has been given, and the Planning Commission
. .has considered and approved the request by staff on April.5, 2005; and
. ,
, WHEREAS, the Planning Commission of the City of Lake Eisinore DOES HEREBY U.
RESOLVE as follows: . ..
, . , ',- , ~ .
The,Biological Survey R~port prepared by Jones & Stokes Illc. h~s be~n prepared, submitted'
., and reviewed in accordance with requiremem~ ofthe MultIple Species Habitat Conservation
Plan (MSHCP). The report is complete and adequate in.it's .evaluation of all environmental
effects of the project known as Collier Avenue Business Park project and will not preclude
the implementation of the MSHCP goals, based on the following finding;
FINDINGS-MULTIPLE SPECIES HABITA T CONSERVATION PLAN
, .
1. The proposed p,oject is.a project under the City's, MSHCPl\esolution that must make an
MSHCP Consistency finding before approval. ..
Pursuant to the Citys MSHCP Reso/utim, bxause the proposed projrt n:quim a nurnJ:;ey of di.saetimary
apprvtt1ls firm the City and is subject to CEQA rwiiw, it must /;e ~ for MSHCP ansistent:y, uhiUJ
e:rltdiIs for the profXJsed projrt determining 11hther it is subject to the Citys LEAP process, ansistent with the
. Protirtim of SpeCies AssociatfXi with Riparian/Riu?rine Areas and Vema! Pool Guidelines (MSHCP, ~
6.1.2), Protirticn of Narrow EruiemK Plant SpeCies Guidelines (MSHCP, ~ 6.1.3), Additional Sun:ey Needs
and ProiPrIun!s. (MSHCP, . ~6.3.2), Urbm/Wzldlands' Inter/are Guidelines (MSHCP, ~ 6.3.2),
VegetatimMapping (MSHCP, ~ 6.3.1) requirm-mts, Fuels Managm7mt Guidelines (MSHCP; ~ 6.4), and
JX1YIW1l of the MSHCP Local IJezxdopm-u Mitigatim Fee (MSHCP Ordinance, ~ 4).
:1"
. ACENDA ITEM NO.
PACE / d1
.,~
Of liS
U
(\
RESOLUTION NO 2005-42
PAGE20F3
2. The proposed project is subject to the Joint Project Review process.
7he footprint of the project site is kx:ated within an MSHCP Criteri4 Amz, and tJxrejim:, 7.lXJUid be subjoct to
. the Joint Projx:t Reviiw process. .
3. The proposed project is consistent with the Ripman/RiverineAreas and Vernal Pools
Guidelines.
No riparian, riI:erine, 'W1lI1i pool/fairy shrimp habitat and other aquatic n:5OU1tl?S '1W'e identijitd en the profXJ9Xi
project site. As a mull; no fUrther MSHGP analysis aransenl11im T1WSUJ'f5are requinXi. the profXJ9Xi
project is thenfUre amistent with the RipirianlRiu:rine AlillS and Vemal Pools Guidelines.
4. The proposed project is consistent with the Prbtection of Narrow' Endemic Plant Species
Guidelines.
7he project site dnes fall within . the Nanuw Ertdamt: P!tmt Spries SUm!}' A lillS. 1herejUre, a habitat
assessmmt W:l5 rf!LjIIind fOr Narrow Erulm7K: P!tmt Spries. the prufXJSffi project has lxm determinal ro be
ansistent with the ProtoctiiJn if Narrow Erulm7K: P!tmt Spries Guidelines.
5. The propo;ed project is consistent with the Additional Survey Needs and Procedures.
7he project site falls within the Burruuing Qui SUm!}' A rot.. Hazmer; it W:l5 determinal thaJ: the spries is not
. .expoctul to aruren.site due to the !Lu:k of suitdie habitat. The prop is thenfUre Ccnsistent with the Addit:imal
SUm!}' Nfflis Requirmmts. . ...,
(\ 6.' The proposed project is consistent with the Urban/Wildlands Interface Guidelines.
MeasUn?S hare.lxm i1uvrfx1rated into the f>>UJXJ5ffl project so that there will k no project-related dr~ rom,
lighting, noise, inwsiu:s, baniers, and grading/land der:eloprmt imJpas. ro the Cmserwtim Arot. The
profXJ9Xi project is thenfUrecwsistentwith the lJrb:m/WTld1ands InterftKf Guidelines.
"
7. The proposed project is consistent with the Vegetation Mapping require,ments.
7he ~tim of the entire project site has lxm mappxi. This mapping is su/frient wuIer the MSHCP and is
ansistentwith the MSHCP.
8. The proposed project is consistent with the Fuels Management Guidelines.
7he profXJ9Xi projea has lxm desigmi ro indude land.scafx: buffers near the profJOSl!1i MSHCP ~
A Il'a that will in e5Jena! act as Fuel Modijimtim Zones. Within these = there will be fire-n?Sistant, nDl-
imusiu? plants. Accurdingly, with these measures, the profJOSl!1i projea is thenfUre amistent with the Fuels
M~ Guidelines. . . .
9. The proposed project will be conditioned to pay the City's MSHCP Local Development
Mitigation Fee.
As a cunditicnofapprowl, the project will bemJllired to pay the Citys MSHCP Loo1lDereloprmt Mitigatim
Fee at the time of issU4nfE of building permits.
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AGENDA ITEM NO. . '). ~
PAGE 1.3 OF US
RESOLUTION NO 2005-42
PAGE30F3
10. The proposed project overall is copsistent with the MSHQ>.
1be projXJ5ed proj:rt m11jiies ami is ansistent with 'all of the requirai prrmdures,polides, ami guidelines of the
Otys MSHCP Resolutim ami the MSHCP. 1be applimnt has made rwisims to the proj:rt or has agrmi to
spocific cooditims, uWJ ~ amid the e/fir::ts or mitigate the e/firts of the project to a JX!im'l1ixre 00 signijimnt
. e/fir::tsuxiddrxmr. . n. . .. . . .' .
NOW, lHEREFORE, 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 adopt the Findings of Consistency Section 6.1.2. '
. j . . .' . ., . .
Ron LaPere, Chainnan
Lake Elsinore Planning Commission
, ,
I hereby certiljr that the preceding resolution was adopted by the Planning Commission at a meeting
thereofconducted on April 5, 2005 by the following vote:' , "
AYES:
Commissioners:
LAPERE, GONZALES, LARIMER
NOES:
O:lIIurussioners:
,
ABSENf:
Commissioners:
,
ONEAL, UHLRY
ABSTAIN: Commissioners:
ATTEST:
Robert A. Brady, Secretary' to the Planning Commission
:..
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AGENDA ITEM NO. ~ ;;)
PAcE /1 OF lIS
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RESOLUTION NO. 2005-43
n
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 TENTATIVE
PARCEL MAP NO. 32911' "FOR CONDOMINIUM
PURPOSES>>'
WHEREAS, . an application has been filed' with the' City of Lake Elsinore' by Collier
Development Co, LLC, to request approval of a Tentative Parcel Map "For Condominium
Purposes': for the establishment of a commercial manufacturing business park and related
improvements; and .
WHEREAS; the Planning Commission of the City of Lake Elsinore has been delegated with
the responsibility of making recommendations to the City Council pertaining to the subdivision of
land; and
. ,
. WHEREAS, public notice of s.ud application has been give~, and the Planning Commission
has considered evidence presented by the Commimity Development Department and other
interested parties at a public hearing held with respect to this item on April 5, 2005. .
n
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. TIle Planning'Commission has considerep the proposed subdivision (TPM
No. 32911), prior to making a decision to recommend that the City Council approve the proposed
Tentative. Parcel Map "For Condominium. Purposes" for the establishment of a commercial
manufacturing business park. The Planning Commission fmds ~d determines that this project is
exempt pursuant to CEQA, which exempts infill projects 5 acres or less. '
SECTION 2. That in acCordance with State of California Subdivision Map Ad., and the
City of Lake Elsinore the following findings for the approval of Tentative Parcel MapN9. 32911
"For Condominium Purposes" have been made as follows: ..'
1. The proposed subdivision, togeth~r with the provisions for the de~ign and improvernent, are
consistent with the General Plan; Zoning Code; Title 16 of, the. M}illicipal Code ,relating to
Subdivisions; and the State Subdivision Map Act. . . '. .
The projoct is cmsistent with tIx desi[7ll1lPd land use pktnning area, deceIopnmt and desif!fl stondards, and all
other appropriate rt!tJUirurmts antaimxi in tIx General PLm, Zoning Oxk, Oty MunU:ip:d Oxk, and
Sulxlidsim Map Aa.
2. The proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5)". .
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AGENDA ITEM NO. ~~
PACE IS OF liS
RESOLUTION NO. 2005-43
PAGE20F2
The prujrt is ansistent with the land use plan, deulnpneru and design standards and programs, and all otftr U
app/rJpt i4Je requirmvus containffl in the General PILm.
3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the
public service requirements of its residents, and the available fiscal and environmental resources
have been considered arid balanced
The prujrt is consistent with the Citys General Pkm and ZmirIg Oxk, will pruviOe IUJ:E55a1')' pu/iit: senia!s and
faaJities, will ptrj all appropriate fiE, and will not result in any adrerse envirannmtal impu:t.
,.; . '
4. The'design of the subdivision provides to the greatest extent possible, for future passive or
nattiral heating or cooling opportunities in the subdivision (Government Code Section 66412.3).
The prujrtwill crrrqJywith all appropriate ~ TfYjUirement5 of the Gty,and Uni/Drm Building 0xIe.
I "
NOW, lHEREFORE, 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 Tentative Parcel Map No. 32911 "For Condominium Purposes". ' '
, . \ ,
"
Ron LaPere, Chairman
Lake Elsinore PlaJ1{ling Commission
,', . "
u
". .
"
\ " .' . . I
I hereby cenify that the pre~eding resolution was adopted by the Planning Commission at a meetmg
thereof conducted on April 5, 2005 by the following vote; , , . " " ' ' ,"
.. , H . ., ;- '"
,AYES:
NOES:
C1mmissioners:
LAPERE, GONZALES, LARIMER
, Coffin1issioners:
, ;;J
J.;'
ABSENT:
, ABSTAIN:
Commissioners:
ONEAL, UHLRY
,>
Commissioners:
'. 'J,
ATTEST: ,
Roben A. Brady, Secretary to the
Planning Commission
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AGENDA ITEM NO.
PAGE I (P
~..(
OF I(S
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RESOLUTION NO. 2005-44
n
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF' LAKE ELSINORE; CALIFORNIA,
RECOMMENDING CITY COUNCIL APPROVAL OF
, DESIGN REVIEW FOR'INDUSTRIAL PROJE<;::T NO. 2004- '
07, TO BE LOCATED ON COLLIER AVENUE, NORTH
OF RIVERSIDE DRIVE FOR. A PROJECT KNOWN AS
"COLLIER AVENUE BUSINESS PARK-APN 378-030-014
WHEREAS, an application has been filed with the City of Lake Elsinore by COllier
Development Co, LLC, to request a Design Review of Industrial Project No. 2004:07 for a
Commercial Manufacturing Condominium Business Complex consisting of ten (10) buildings
totalin~62,287 square feet; and ' , ' "
, WHEREAS, the Planning Cominlssion of the City of Lake Ebinore has been delegated with
the responsibility of making recommendations to the City Council Pertaining to the Design Review
of industrial projects; and
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, WHEREAS, public notice of said applicatiOn has been given, and the, Planning Commission
has considered evidence presented by the COmmunity.'Devel6pm~nt, Department and other
interested parties at a public meeting held with respect to this item on April 5, 2005.
NOW lHEREFORE, the 'planning Comini;sion of the City ~f Lu.;e' Elsinore DOES
HEREBYRESOLVEasfollows:' "",,,' '"
n
SECTION 1. The Planning Commission has considered the proposed request for the
Industrial Project No. 2004-07 prior FO malting a decision to ~ecommend that the City Council
approye the propOsed' commercial, manufa~ringbusiness ,complex. The Planning Commission
finds and determines this project is' consistent with the'L~~ Elsinore Municipal Code and that this
action is exempt from the requirements of the California Environmental Quality' Act (CEQA)
pursuant to Section 15332.b., In.Fill Drndopnent Projects;
SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore
Municipal Code the following fmdings for the approval of have been made as follows:
1. The project, as approved, will compiy with the goals and objectives of the General Plan and the
Zoning District in which the project is located. ,
" " . I,r
The profXJ5fXi Irulustrid Desif!llReuiewloo:tted at APN: 378-030.014 ampiesWith theifWs and obju:tiws of
the General Plan, in that the approwl of this. ~ rmru.{acturing arnplex will assist in achieving the
deuiJJpnent of a wll-babnmi and fUnrtimdTnix of resUieritid, Cri,;,,,,Ual, imiusiriaJ, open space, rirreatimal
and institutional land uses as wil as enmuraging industrid land uses ro diu!rsifj Lake Elsinnre's emumV: Wse.
, .
2. The project complies with the design directives c~ntained in Section 17.82.060 and all other
applicable provisions of the Municipal Code. .,' ,
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AOENDA ITEM NO.
PAGE I 7
,;.;)
OF ItS'
3. ,Subject to the attached Conditiot;ls of Approval, the proposed project is not anticipated to result
in any significantadverse environmental impacts. ,'J", , ,
~to tJx Cdif>>niA EnWrnrrmtal Quality Act {CEQA}, the ~sed lruktriaiDesW'i Review kx:aiei '
at APN: 378-030-014, t:lS revietml and crndit:imill by all applicdie City DWisians and lJepartnVm and .
Agencies, wiD /WI' hare ~, si~. eJJirt en the envirmm3u pursut;Inf ,to Artide 19 {Categorical
, ,Exemptions} and Sectim 15332 (/!!.-Fill Developmen.t Project,s), . " .
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 ,
objectivesofChapter17:82. " :', :,',." .,,' 'r", ','
. Pursuant to Sectim 17.82.070 {Actimif tIx: Planning Orrmissim} of the Lake Elsinore MuniJipal <::lxk
. (LEMC), the profXJS8i InJustrid Design Review !omtn.l at 378-0:;0-014 has lxen scheduhi far consideraJim I
.and appromlbytJxPlanningOmmissim. '. U
l. .,~'
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. ,..;., , . ,'~' '. ' .
NOW, lliEREFORE, based on the abo.v:e' Findings, ,the :planning Co~ssion of the City ,
of Lake Elsinore DOES HEREBY RECOMMEND)'O 1HE CITY COUNCIL APPROVAL of
Design Review for Industrial Project No. 2004,07. 'i .' '
Ron LaPere, Chairman
Lake Elsinore Planning Commission
. - '
'"
.1 ' ,
I hereby certify that the preceding resolution was adopted by the Planning Comssion at a meeting
thereof conducted on April 5, 2005 by the following vote:
. ,.} .
AYES: Commissioners:
LAPERE, GONZALES, LARIMER
NOES: COmmissioners:
. ,',
ABSENT: Commissioners:
'ONEAL, UHlRY
ABSTAIN: Commissioners:
AGENDA ITEM NO. ).,:)
PACE 18 OF lIS
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RESOLUTION NO. 2005-44
PAGE. 3 OF 3.
ATTEST:
Robert A. Brady, Secretary to the Planning Commission
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AGENDA ITEM NO. ~ 0{
PACE--!1-OF 11$
City of Lake Elsioore
P/411ning DiviJion
130 S. MUa Sr=t
lakeEkno~CA92530
(909) (.74-l114
(909) 471-14191u:
PLANNING COMMISSION
STAFF REPORT
u
DATE:
Tuesday, AprilS, 2005
TO:
ClIainnan and Members of the Planning Conunission
FROM:
Robert A Brady, City Manager
PREPARED BY:
Kin A Corny, Associate Planner
PROJECT TITLE:
Tentative Parcel Map No. 32911 "For Condominium Purposes", and
Industrial Design Review No. I 2004-07 for "Collier Avenue
Business Park" .
APfLICANT:
Jeffrey Johnston, Collier Development Co., LLC 12040 E. Florence
Avenue, Santa Fe Springs, CA 90670
u
. PROJECT REQUESTS
,
,
. Approval of a Tentative Parcel Map "For Condominium Purposes" pursuant to Section
16 "Subdivisions" and Chapter 17.30 (Condominium and Condo Conversion) of the
Lake Elsinore Municipal Code (LEMq and Section 66424 and 66427 of the California
Subdivision Map Act (CSMA).
. Industrial Design Review No. I 2004-07. The applicant is requesting Design Review
consideration for the construction of a commercial manufactuting condominium
business patk and related improvements. Review is pursuant to Gapter 17.38 (Non-
Residenrial Development Standards), Chapter 17.66 (patking Requirements), 17.82
(Design Revie~ and Chapter 17.54 (Commercial Manufacturing District) of the Lake
Elsinore Municipal Code (LEMq.
PROJECT LOCATION
The project site is located on Collier Avenue approximately 600 feet northwest of Riverside Drive
(APN: 378-030-014).
u
ACENDAITEMNO. dJ.
PACE c:W OF lIS
PLANNING COMMISSION STAFF REPORT
APRIL 5, 2005
PAGE 2of8
PROJECT TITLE:
("'\
TENTATIVE PARCEL MAPNO. 32911 "FOR
CONDOMINIUM PURPOSES'\ AND INDUSTRIAL
DESIGN REVIEW NO. I 2004:07 FOR COLLIER AVENUE
BUSINESS PARK. .
ENVIRONMENTAL SETTING
Project
Site
North
South
East
West
> I ,.'
Vacant
GM Buildin
Vacant
. 'Vacant
PROJECT DESCRlPTION(S). .
("'\
" . .
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PuRPOSES" .
The proposed .parcel map .will subdivide t):1e aforementioned 4.89 acres of commercially
manufactured wned land into two separate parcels. Parcel No.1 will be 1.24 acres. Parcel No.2
will be 3.65 acres. Parcel No.2 will incorporat~ the proposed Industrial Design Review Project.
Parcel No.1 is an "L" shaped parcel which.surrounds the perimeter of Parcel No.2 on the northern
and western boundaries. Parcel No. 1 buffers. the proposed Commercial Manufacturing project
from the Army CoIps of Engineers Jurisdictional Waters area, 'which surrounds the proposed
development project on the north and west project perimeter. The-Army CoIps of Engineers' has
provided a Jurisdictional Determination Lener dated February 18, 2005 (Exhibit "K") indicating that
the proposed project will not have an impact on their adjacent wetland. The applicaiit intends to
donate Parcel No. 1 to the Riverside Conservation Authority for conservation purposes';' further
ensuring that no future development. of Parcel No.1 occurs. '
! .
The applicant requests approval to establish the proposed commercial manufacturing business park
'as a "condomlnium:commercial manufacturing business park". Condominiuin projects are defined
as "subdivisions". pursuant to Section 66424 of the California' Subdivision Map Act (CSMA).,
Consequently,this'project requires Planning Commission and Gty Council consideration pursuant
to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMq.
The condominium concept would allow the applicant to be able offer individual units for sale within
the building structures as defined by the Condominium Plan, (Exhibit "C") while sharing common
interest! ownership' and maintenance 'responsibilities' within common areas. These common areas
involve primarily conUnon .walls, the parking lot (aisle-ways, pavement, minor accessory structures
such as monument signs, mail boxes, etc.), landscaping areas, and onsite underground and
aboveground utility llfrastructure improvements nece~saryto service and support the business park
("'\
ACENDA ITEM NO.
PAGE till
d-d.
OF f( S-
PLANNING COMMISSION STAFF REPORT
APRIL 5, 2005
PAGE 3of8
PROJECT TITLE: TENTATIVE PARCEL MAP NO. 32911 "FOR U
CONDOMINIUM PURPOSES", AND INDUSTRIAL
DESIGN REVIEW NO. I 2004-07 FOR COLLIER AVENUE
BUSINESS PARK.
DESIGN REVIEW NO. 2004-07
Sire Plan
The applicant is proposing to construct ten (10) pre-cast (tilt-up) concrete buildings totaling
approximately 62,287 square feet to be occupied by conunercial ~nufacturing and business park
uses. All buildings are proposed as single story buildings. . Each building will be iinproved and will
include approximately ten percent (10%) office space per unit. .' . . .'.
1 403 S.F. 3,635 S.F. 4,038 S.F.
2 407 S.F. 3,663 S.F. 4,070 S.F.
3 486 S.F. 4,382 S.F. 4,868 S.F.
4 483 S.F. 4,353 S.F. 4,836 S.F.
5 607 S.F. . 5,46JS.F. . 6,070 S.F.
6 . 623 S.F. 5,610 S.F. 6,233 S.F.
7 812.S.F. 7,313 S.F. . 8,125 S.F.
8 .808 S.F. 7,274 S.F. 8,082 S.F. .
9 871 S.F. 7,839 S.F. 8,710 S.F. U
10 725 S.F. 6,530 S.F. 7,255 S.F.
Tor AI.. 6,225 S.F. 56,062 S.F. 62,287 S.F.
,
. "
The ten (10) buildings ar~ generally located along the perimeter of the project site and. will take
access from two driveways ,located at the central portion and southern end of the property along
Collier Avenue, , Through circnlation will be plimarily provided throughout the center '9f. the lot with
various connecting driveways providing access to the front and rear of the proposed buildings. The
loading areas for each building will be located out of or screened from public view. A landscape
berm has been provided along Collier Avenue to screen the parking area. .
The proposed site plan meets the requirements of the,Lake Elsinore Municipal Code (LEMq. The
overall ratio of building area to lot area is approximately thirty nine percent (39%). Pursuant to the
aty of Lake Elsinore's General Plan Business Park Land Use, a forty percent (40%) fl90r area ratio. .
(FAR) is allowed. ""
Parki17i ' . . ,
The applicant is providing ,166 parking spaces (165 required) including 15 compact spaces and 10 .
handicap spaces, complying. with the ADA requirements and the LEMC Parking Requirements.. It
should be noted that nine percent (9%) of the total Ilumber of parking spaces is .allocated for
compact parking (the Zoning..Code allows up to .a rnaxinmm of 25% within conunercial and
industrial d~velopments). In addition, these compact SPaces are identified as "modified7;compact.
spaces by the applicant (proposed at nine feet in width rather than a standanl eight foot in width
ACENDA ITEM NO. ~ ~
PAGE..u OF {(.s
u
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PLANNING COMMISSION STAFF REPORT
APRIL 5, 2005
PAGE 40f8
PROJECT TITLE:
(\
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TENTATIVE PARCEL MAP NO. 32911 "FOR
CONDOMINIUM PURPOSES';, AND'INDUSTRIAL
DESIGN REVIEW NO. I 2004-07 FOR COLLIER AVENUE
BUSINESS PARK. 0
identified by the Zoning Cod,,). All parking spaces will be double striped.
ranls 0 , ,
atpzng. , o. "
The applicant is proposing to provide landscaping on approximately ten and a half percent (10.5 %)
of the project site. This exceeds the minimum landscaping coverage requirement of eight percent
(8%) per Section 17.54.090:C of the LEMC A minimum of five percent (5%) of the landscaping
will be located within the parking and driveway areas per Section 17.66,100.D of the LEMC 0
A nhita:tule ' .
The applicant is proposing to construct ten (10) pre-cast concrete (tilt-up) buildings ranging in size
from 4,038 square feet to 8,710 square feet, for a total building area of 62,287 square feet. Each
building will have a standard entrance door, and either a twelve foot (12') or fourteen foot (14') roll-
up door. A standard sized loading space ([ype A - 12' x 20 or Type B - 12', x 40') designated for
loading pwposes onlywill be provided for each ~t. , " : 0 0,," , , , , ' , ,0
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The architectUre of the proposed buildIDgs is consistent with the industrial projects in the area.
Each unit's entrance has a two and a half-foot '(2.5') projected pop-out tower element emphasizing
the '<,>ffice area of the unit. 'This element will provide visUal relief and shadowing. The pop-out ,
towel: will utilize a color scheme to compliment the remaining building, 0' The applicant is also
incorporating a large, ri1etal awning over, the office ,entrance doors and selected windoWs. In
addition, metal trellis frames with climbing vines are proposed a\ong bUilding Walls most visible'
from public view. ',' . .' ',' .. ", ,0 .
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The roof line of the pOp-out tower element is nvo feet higher than the main' building roof line,
providing more aniculation to an otherwise straight or flat roof line. In addition, 18" x 18" painted
concrete insets are proposed along the top portion of the buildings, just below the roof line to add
architectural interest.
r>_L. mJM," ~'-.: _1_ ,,} .',
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Finish materials for the building exteriors include color treatments as well as score lines to create
honwntal and vertical visual interest. The proposed buildings will iricorporate windows;,as well as
painted concrete insets strategically placed below the' roOf line. The maximum building height is
identified as 26 feet; which will be cOmP~tible to adjacent industrial buildings. . , .
Bui1din~ Location
Building Walls
Material
Concrete Panels
Color, 0
Fra:ue# s8705D, "BamRofter" 8702W"Bei~
Pa1immt", 8704C "Stradford Braun"
8705D, "BdmRofter" , '
Frazee # 8700W"Pauder!:ng'soow
Green Vil-im (RejIer:me Glass)
Frazee # 8700W "Pmalering Soow
Awning/Wmd6w Mullion
Accent Band/Roof Line
Doors & Wmdows
(\ 18" x 18" Square Insets
Metal
Concrete Panels
Glass
Concrete
AGENDA ITEM NO. ~ ~
PACE ~ 3 OF US
PLANNINGC;OMMISSION STAFF REPORT
APRIL 5, 2005
PAGE 5of8
PROJECT TITLE:
TENTATIVE PARCEL MAP NO. 32911 "FOR
CONDOMINIUM PURPOSES", ANDINDUSTRlAL
DESIGN REVIE W NO. I 2004-07 FOR COLLIER AVENUE
BUSINESS PARK.
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ANALYSIS
Staff understands that the generation of employment opportunities is a high priority of the City, and
that this commercial manufacturing complex has the potential of creating the need for additional
employment. The proposed commercial manufacturing complex has been found in confotmance
with all applicable development standards of the LEMC . In addition, the project has. been designed
with enhanced architectural characteristics such as' raised parapets, varying 'color treatments and
materials, and wall breaks to create interesting building elevations. Staff feels that the proposed
project will compliment the existing dev:elopment in the surrounding area.
. .
ENVIRONMENTAL
, .
Pursuant to the California Environmental Quality Act, (CEQA), this project' has been deemed .
exempt pursuant to Section 15332.b. Section 15332.b of the CEQAexemptS In-Fill lJeuJqmmt
Prrjeas. In support of the "In-Filr,exemption, th~ i'Pplicant has provided a Bi9logical Resource
G:>nstraint Analysis (dated March 21, 2005) (Exhibit "L") as well as the previouSly identified Army
G:>1'ps of Engineers Jurisdictional Detennination Letter (dated February 18, 2005). The Biological
Analysis identifies that the project site (area proposed for development) lacks pOtentially suitable U
habitat for special status plant species listed in the Lake Elsinore region and identified in the Multi
Species Habitat G:>nservation Plan (MSHCP). Iri addition, the JUrisdictional Determination Letter
summarizes that there are rio federal or state jurisdictional WaterS present on the project site or are
expected to be indirecdyaffected by the proposed project. With that: staff has determined that the
project is exempt from Jurther Calif9rnia Environment:aJ Quality Act analysis, and is compliant with
MSHCl'requirements. ...... .
RECOMMENDATIONS
It is recommended that the Planning G:>mmission adopt Resolution No. 2005-_ recommending to
the City G:>uncil adoption of MSHCl' G:>~istency Findings;, and Resolution No. 2005- ~
recommending tothe,Gty G:>uncil approv~ of Tentative .Parcel 'Map No. 32911 "For.
G:>ndominium Pwposes"; and Resol~tion No. 2005- _ re~ommending to the City G:>uncil approval
of Design Review I 2004-07 based the following Findings, Exhibits" A" thru"P" and proposed
G:>nditions of Approval . .. .. .
FINDINGS - MSHCP CONSISTENCY
1. The proposed project is a project under tht; City's MSHCl' Resolution tha~ must make ,an
MSHCl' G:>nsistencyfinding before approval. . . .
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AGENDA ITEM NO. ~
PAGE'-~c{ OF lIS
n
PLANNING COMMISSION STAFF REPORT '
APRIL 5, 2005
PAGE 60f8
PROJECf TITLE: TENTATIVE PARCEL MAP NO: 32911 " FOR "
CONDOMINIUM PURPOSES" ,AND INDUSTRIAL
" DESIGN REVIEW NO. I 2004-07 FOR COLLIER AVENUE
BUSINESS PARK.
Pursuant to the Ciry's MSHCP Res'dutim, lmtuse the prrpafxi prrjaI rrquires a nurrix!r rf discretiarury ,
apjJrfJU1lsfrr>>n the Ciry arrl is subjaI to CE Q4 reUerq it rrust be ~ for MSHCP a:nsistetK:y, WJUh
entailsfor the prrfXElXi prr:j<<t ~ 11hether it is sUijea to the Oty's LEA P prw:ss, a:nsistent Wth the
Prmrtit:n rfSJXXies Asscxiat<<l Wth Riparian/Rirerirx! AmtS arrlveTnai Pal Guiddin:s {MSHCP, ~
6.1.2}, Prrbx:iim if Narrow E rxleniL: Pltmt SJXXies Guidelmes {MSHCP, ~ 6.1.3}, A dditimaJ Surrey NeaIs
arrl PrwxImes (MSHCP, $ 6.3.2), Urbm/WtldIards inteiftUE Guiddin:s (MSHCP, ~ 6.3.2), V ~
MaflPirf!, {MSHCP, ~ 6.3.1} ~rar~ll>, Fuds ManafFlWl Guiddin:s (MSHCP, ~ 6.4), ani ptryrmt rf
the MSHCP La:al Deu:kpm:rtt Miti[J11im Fee (MSHCP Ordinan:r, ~ 4).
2. The propos~d project is subject to the Joint Project Review p~~ss. ,
The fixxptint rf the prrjaI site is loottai Wthin an MSHCP Criteria A nl:t, arrl. thrnfare, wxdd be subjaI to
theJrint PrrjaI Redewprw:ss. .
3. The proposed project is cons~tent~th the ~parian/Riverine kas and Vernal Pools
Guidelines.
\ "
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No riparian, ri1erin?, '1Emli pa:l/Jairy sbrinphabitdt arrl rXher ~ 13anu:s uere identijitxi on the ~a:l
prr:j<<t site As a result, m fUrther MSHCP arltllyis or a:nsenmim nrasures are raquitai. The ~a:l
'prrjaI is rlre,r{ore a:nsistent Wth the Riparian/Rirerirx! A mtS arrl Vemal Prxis Guideli=. - "
4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species
Guidelines. '
,
" , , ,',. ~ .
The prrjaI site das fall Wthin the NarrowErxleniL: Plant SJXriRs ~urrey AmtS. 7berrfare, ahabitdt.
asSf5srrmt '/illS rrrptimlfor Narrow E nlenic Pltmt SJXriRs. The ~a:l prrjaI has lren deterrr-ind to be
a:nsistent Wth the Prmrtit:n rfNarruw E nlenic Plant SJXriRs Guideli=.
5. The proposed project is consistent with the Additional Survey Needs and Procedures. .
, ,
The prr:j<<t site falls Wthin tk B~ Oul Surrey A 1Ftt. Hrmer.er, it '/illS detenrinai that the sp<<iRs is m:
expaIa:l to oaur on-site due to the lade rf suita1le habitat. The prr:j<<t is therefare a:nsistent Wth the A dditinnal
Surrey Nmis Requi.JerIJ!J1Js. " ' . . .'. . '
6. The proposed project is consistent with the Urban/Wildlands Interlace Guidelines.
M~ Jmelim i1rorpamta:l inio the ~a:l prrjaI so that there WlJ be m prrjaI-niatixi dnilnaif, loxia,
~ rUse, inmsires, lurriers, arrl grading/land deukpriFnt inpads to the Cmsenmim A 1Ftt. The
~a:l prrjaI is tlXlifUr" a:nsistent Wth the Urhtn/WrUlanls InterftUE Guidelin!s.
, ',' ,
7. The proposed project is consistent with the Vegetation Mapping requirements.
The U'[J!tt1tim rf the entire prrjaI site has lren mtpJXd This rrnpping is suJfident un1er the MSHCP ani is
a:nsistent Wth the MSHCP...
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ACENDA ITEM NO. ~~
PACE ~S OF /IS
.
PLANNING COMMISSION STAFF REPORT
APRIL 5, 2005
PAGE 70C8
PROJECf TITLE: TENTATIVE PARCEL MAP NO. 32911 "FOR U
CONDOMINIUM PURPOSES", AND INDUSTRIAL
DESIGN REVIEW NO. I 2004-07 FOR COLLIER AVENUE
BUSINESS PARK.
8. The proposed project is consistent with the Fuels Management GUidelines. '
The ~ai prqa:t has been tkigml to inlude Iarxlscape buffers 1Wr the pi-rpaai MSHCP O:rnseruttion
A 1lI1 that Wll in esSfnE aa as Fuel Mcrlijimtim Zarx;s. W11hin these tm?tlS there Wll le fire-rrsistant,n:n-
inutsire plants. A a:ordintiy, 11ith these m>asWFS, the ~ai prrjfft is thetrfare ansisient 11ith the F uds
MamwrmtGuidelirB. " '
, ,
9. The proposed project will be conditioned to pay the, City's MSHG' Local Development
Mitigation Fee. ' -,'
As a an:Iitioo if approud, theprq'a:t Wllle r<<JUim:i to pay the Ciry's MSHCP La:al Deudq>>rentMitigttim
Fre at the t:inr ifissuarxe ifbuildingpemiJs. ' \ ' "
10. The proposed project overall' is cClIisistent with theMSHCP.
The ~ai prqa:t cunplies am is ansistent 11ith all if the r<<JUim:i ~, pdides, arrl. ~ if the
Ciry's MSHCP Resdutimarrl. the MSHCP. The appliCant has mule misinns to the prqa:t or has agrred to
specific anlitims, vhUh wxJd tnrid the e/focts or rritig:tte the e/focts if the prqa:t to a [Xint Were m siypifiamt
iffeas wxJd axur.
FINDINGS - TENTATIVE PARCEL MAP 32911 "FOR CONDOMINIUM PURPOSES" U
1. The proposed subdivision, together with the provisions for tlte design arid improvement,' are '
consistent with the General Plan; Zoning Code; TIde 16 of the MWlicipal Code relating to
Subdivisions; and the State Su~ivision Map Act. <
The prqa:t is consistent 11ith the tkigmtallam use planning awa, deuJqmrmt am tkW'z starJards, arrl. au. .
aher aJPfrpriate nquin?IIE11ts <X>>1tairxrJ ,in the Gelrral PIari, Zming ad; Ciry M unici[xd ~ arrl.
Su/xJiUsim Map A d.
2. The proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
\
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The prqa:t is ansistent, Wth, the fan1 use plari, derekpm?nt arrl. tkign staniards arrl. progr~, arrl. all ether
appIrpriate 1fYjUirenmts <X>>1tairxrJ in the Gelrral Plan, : " """.
3. The effects this proposed subdivision is likely to have ~pon the housing needs of the regi~n, the
public service requirements of its residents, and the available fisc::al and environmental resources: '
have been considered and balanced. "
The prqa:t is ansistent Wth the Ciry's General Plan am Zming ad; Wll prmide nXessa:ry puliir serria5 arrl.
faaJities, Wll pay all appfrpriate jiB, am Wll rtt rrsult in any ad1.me emiruntrmtal irqxut.
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AGENDA I1EM NO. 01~
PAcE d)(, OF /IS
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PLANNING.COMMISSION ST AFF RE PORT .
APRIL 5, 2005
PAGE 8of8
PROJECT TITLE: TENTATIVE PARCEL MAP NO. 32911 "FOR
CONDOMINIUM PURPOSES", AND INDUSTRIAL
DESIGN REVIEW NO. I 2004-07 FOR COLLIER AVENUE
BUSINESS PARK. .
4. The design of the subdivision provides to the greatest extent possible, for future passive or
natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3).
1heprrjea uiIl cwplyWth all apj>,cprlateanseru<tumwj/4reJII:rtb if the Oryarxl UnifannB~ Oxk
FINDINGS - DESIGN REVIEW NO. I 2004-07
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.
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1he J1rc:11aed IrJustrial Design Redew IrouaJ. !It A PN: '378-030-014 cwplie; Wth the gxds am Wjeaius if
the GeJrral Plan, in that the apprurnl if this aJlllmtid mll1t{aauring aJJIp/ex uill assist in ~ the
deuJqmmt if a 'lUdl-btlarmi arxl jitm:Wnal mx if residential, <m71'mial, irxlustrial, q;en SjJaa!, ~
arxl institutimd lam IISlS as 'lUdl as e/ID(ya~ irxlustrial !ard USlS to direJsifj Lake E!simJe's et:rnJrri1: lttse
2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
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7Pe J1rc:11aed IrJustrial Desifp Redew IrouaJ. at APN: 378-030-014 is apprcpriate to the site arxl
s~ deuiqmrnts in that the J1rc:11aed aJJI nOOal mt11t{aauring aJJIp/ex. has lxm desi!j"Bi in
ansideratim if the size am shape if the prcperty, thereby ~ interest am mrying 'listas as a persen =
~ the stIM. Further the prrjea as J1rc:11aed uill Ovp/emmt" the plaiity if ex: istUg deuJqmmt arxl uill
aatte a Usually p/easiff& IUYdetraaire n:/atimship 1:mm:n the J1rc:11aeJ arxlex:istUg prrjats in that the
anhitai:ural design, Crlvr am mrteJial arxl site designs J1rc:11aeJ ezidenre a an:xm far quality am ariim/irJ.
3. Subject to the attached Conditions of Approval, the proposed project is ri9t anticipated to result.
in any significant adverse environmental impacts. . ., ." .
Pursuant to the Califamia E nUlUllfental Qiality Act (CE 04), the J1rc:11aeJ IrJustrial DesifpRedewlrouaJ.
at APN: 378-030-014, as rerie1JJd arxl a:niitiamJ by all applicalie Ory DiUsiws am Departnmts arxl
Agnits, uiIl na /me a sigpifrant fjfixt en the emirmm:nt ptnsuant to A rtide 19 (Categorical
Exemptions) arxl Seaim 15332 (In-Fill Development Projects).
4. Conditions and safeguards pursuant to Otapter 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 OJapter 17.82.
Pursuant to Seaim 17.82.070 (Actitn if the Planning Omnissim) if the Lake Elsimre Muniripal 0xJe
(LEMq, the J1rc:11aeJ IrJustrial Design Redew la:ateJ at 378-030-014 has lxm scheJulw1 far aJIISideratim
arxl appruuJ by the P~ Omnissiar.
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AGENDA ITEM NO. JcX
PACE ,;>7 OF IfS
PLANNING COMMISSION STAFF REPORT
APRIL 5, 2005
PAGE 90f8
PROJECT TITLE:
"
TENT ATIVE PARCEL MAP NO. 32911 "FOR,
CONDOMINIUM PURPOSES", AND INDUSTRIAL
DESIGN REVIEW NO. I 2004-07 FOR COLLIER AVENUE
BUSINESS PARK.
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Prepared bY.
Rift A Coury, Associate Planner
Reviewed by:
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~r.;AM~
Rolfe reisendanz, Plan~ Manager
Approved by:
Exhibit' A'
Exhibit 'E'
Exhibit 'C
Exlubit'D'
Exhibit 'E'
Exhibit 'P',
Exlubit 'G'
Exhibit 'H
Exhibit T
Exhibit T
Exhibit 'K'
Exhibit 'L'
Exhibit'M
Exhibit 'N
Exhibit '0-
Exhibit 'P'
LOcation Map
Tentative Parcel Map No. 32911
Tentative Condominiwn Map
Site Plan
Truck Turning Plan
Floor Plan
Building Elevations
Site Sections - '\. .
Preliminary Grading and Dramage Plan "
Preliminary Landscape Plan " ,
. ArmyColpsof Engineer.; Jwisdictional Determination Letter (dated February 18, 2005),
,Biological Resources Constraint Analysis (dated March'21, 2005)
Full Size Exhibits
Colored Sire Plan (presented at hearing)
Colored Elevations (presenred at hearitig) ,
Color and Materials Board (presenred at hearing)
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AGENDA ITEM NO. O? cJ
PACE .;?(j' OF liS
u
RESOLUfION NO. 2005-
n
A RESOLUfION OF THE PLANNING COMMISSION
OF THE CITY OF LAKE ELSINORE, CALIFORNIA.
RECOMMENDING TO "THE OTY"COUNCIL
'ADOPTION OF FINDlNGSOI;'CONSISTENQ' WITH
SECTION 6.1.2 OF THE MULTIPLE SPEOES
HABITAT CONSERVATION PLAN (MSHCP) FOR
THE PROJECT KNOWN AS "COLLIER ' AVENUE
BUSINESS PARK".
. . ., j ,
WHEREAS, a site specific focused sWYey for Narrow Endemic 'Plant Species is required by ,
Section 6.1.2 of the Multiple Species Habitat ConselVation Plan (MSa--n:') for the purpose of "
developing an commercial manufacturing condominium business park; and
. ." '. ) ~ ( .. <
WHEREAS, the Gty of Lake Elsinore evaluated the consistency of the project with the .
(MSHQ>); and " " ,
". ,.
WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with '
the responsibility ,of ~g recomme\ldation to the Gty Council adopting the Findings of,
Consistency with the MsHQ>; and' , ' , ,. ' "
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, WHEREAS, public notiCe' of said 'application haS been given, and the Planning Commission
has considered and approved the request by staff on AprilS, 2005; and
, WHEREAS', th~ P~~O;mmissio~ of the Gty of Lake Elsinore DOES HEREBY
RESOLVE as follows: ' , i' ' "
,
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The Biological SWYey Report' prepared by Jones & Stokes I~, has been prepared, submirted
and reviewed in accordance with requirements of the Multiple Species Habitat Conservation
Plan (MSHQ>). The report is 'complete 'and adequate in it's evaluation of all environmental .
'effects of the project known as Collier Avenue Business, Park project and will not preclude,
the implementation of the MSHQ> goals, based on the following finding; ,
FINDINGS-MULTIPLE SPEQES HABITAT CONSERVATION PLAN
'"
1. The proposed project is ~ project unde;the Gty's MsHQ> Resol~tio,n that must make an
MSHQ> Consistency finding before approval, '
Pwsuant to the Oris MSHa> Resdutim, lwmse the JlI'f!XMl prrjat mptires a nunb;r if disartimary.
apprmals ftum the Gty am is subjea to CE Q4 11?lieuJ it mISt be rerieuai far MSHCP ca1Sistency, uhUh
entails far the j7TUfJatrlprrjat ddetnining <uhether it is subjat to the City's LEAP prtxESs, ansistent Wth the
Pr[mtimif SpuiRs Assaiatai Wth R~ A mtS arxi Vemal Pal. Guidelin:s (MSHa>, $
6.1.2), PrrmtimifNanuwEn1eniL: PlantSpuiRs GuiL/din;s (MSHa>, $ 6.1.3};AdditiauISurceyNen:ls
arxi Prwrlures (MSHa>, $ 6.3.2), UrWn/WJdIarrJs Inteifate GuidelirJ:s (MSHa>, $ 6.3.2),
VewtatimMaJlPirfs(MSHCP, $ 6.3.1) nrpiiIellE1lts, FIKis Managm?nt Guidelin5 (MSHa>, $6.4), arxi
paytrent if the MSHa> LOOJi lJeu:kpmmt M iti[Jdioo Fre (MSHa> Ordinarxe, $ 4).
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AGENDA ITEM NO.
PACE ~,
~a
OF lIS
RESOLUTION NO 2005-
PAGE 20F3
-:. '
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2. The proposed project is subject to the Joint Project Review process.
The foctprint if the prqa:t site is Immd W1hin an MSHCP 'Criteria A 1at, am thenfare, wxJd k subja:t tJJ
the Jam fuja:t Redewptrx:ess. '. . ' . '..
3. The proposed project isco~iste~t with ..the ~parianlRiverine Areas and, Vernal Pools
Guidelines.
No ri[xnian, riw-in>, 'lEm11 pal/fairy s/mnp mbitat am a:her aquatic manm uere identifUxl an the prrpa;ed
pirja:t site As a mult, mfurther MSHCP analysis or anermtion nwsures are rFYJUiml.' The prrpa;ed
prrja:t is thenfore anistent uiJh the Rip-;trUm/Riwin A 1WS am Vem:d Pcxls Guidelin?s.
4. The proposed project is consisrent with the Protection of Narro~ Endemic Plarit Species
Guidelines.
" .
The prqa:t site das fall W1hin the Nanvw E rdeniI: Plant Spocies Suney A 1WS. 7henfare, a habitat
assessrrmt WJS raptired for Nanvw E rdeniI: Plant Species. The ~ed prqa:t IKJS bren deterrrirnl tJJ k
aJ1Sistent uiJh the ~ ifNa:nvWE rdeniI: Plant Species Guidelin?s.'
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5. The proposed proj~ctis consisterit with the Additional Swvey Needs and Proced~~s" .
The prqa:t site falls W1hin the Burrrming OW Suney A 1l'tl. HOlJElEY, it WJS t:Ieterrrind that the;proes is m
expa:ted tJJ oo:ur cn-site due tJJ the la& if suita/ie bWitat. '. The prqa:t is thenfore anistent uiJh the A dditiaul
Suney Nmls RwpUleJIE!lTls. ' ..' .
6. 1:he proposed project is consistent with the ~rbanlWtldlands Interface Guidelines. . U
Measures !me bren &rorporated into the ~ed prqa:t sothat there.;un k m prqa:t-reIaied draina[f, fa(U:s,. '.
lifPtirrt,rxise, inutsms, lurriers, am grading/latri dezelqmwt inpUts tJJ the Onsenluim A 1l'tl. The
prrpa;ed prqa:t is thenfore anistent uiJh the Urlun/Wzldlarxls Inteifare (JuideJin?s., .
, ,-."
. 7. The proposed project is consistent with the Vegetation Mapping requirements.
~ ~cf the errtirf! prqa:t site has bren rrnpped This rmpping is suJfUient urx.Ier the MSHCP am is
cmsistent uiJh the MSHCP. . . '.
8. The proposed project is consistent with the Fuels Management Guidelines.
The prrpa;ed prqa:t has bren desiwn1 tJJ in:lude larxlscape bujfm rrar the ~ed MSHCP Onserr.Jdim
A rea that Wllin esSeJKE ad as Fuel M<<1ifration Zars. Within these areas there Wll k fire-resistarTl, ncn-
inutsize p/anIs. A a:mrlitID WJh these nwsures, the ~ed pnjea is thenfore anistent WJh the Fuels
ManafPlXnl Guidelin?s.
9. The' proposed project will be conditioned to pay the City's MSHCJ> . Local Development
Mitigation Fee.
. . . . . (
As a anlitian if t1fJPIU111l, the prqea Wlllx mpiired tJJ pay the ffiy's MSHCP Lad DeuJqm-mt Miligttion
Fre at the tim1 if issuaru if buiJdingpemits. . . , .
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AGENDA ITEM NO. ~.:!
PAGE 30 OF ItS
[\
RESOLUTION NO 2005-
PAGE30F3
10. The proposed project overall is consistent with the MSHCP.
'The ~ad prrjdta:rrpliRs mil is ronsistenl Wth all if thenquiml prooxlures,pdicies, am r;Dde/in!scf the
. Dty's MSHCPResdutim am the MSHCP. The appli=it has mule miens ro the prrjea or has agrml ro
spaifU: anlitioos, 11hUh WMldtnIid the iffim or nitilflle the iffim if the prrjea to a JXint .'11heiem s~
iffim WMId arJIT.' ,
'-'j
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NOW, lHEREFORE, based on the above fmdings, the Planning G:>IIunission of the Gty
of Lake Elsinore DOES ,HEREBY RECOMMEND that the Gty Council of the Gty of Lake
Elsinore adopt the Findings of Consistency Section 6.1.2. . .'
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Ron LaPere, Olainnan
Lake Elsinore Planning Conunission
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I hereby certify that the precemng resolution was adopted by the PIanningCOnunission at a meeting .
. thereof conducted on AprilS, 2005, by the following vote:
(\ AYES: Conunissioners:
NOES: ConunissiOliers: '. ,
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ABSENT: Conunissioners:
ABSTAIN: Coillinissioners:
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ATIEST:'
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Robert A Brady, Secretatyto the Planning Conunission
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AGENDA ITEM NO. d.;;)
PACE 3f OF ItS
u
GENERAL
1. The applicant shall !iefend (with counsel acceptable to the Cit0, indemnify, and hold harmless the
City, its Official, Officers, Emplo}ees, and Gmtract Agents from any claim, action, or proceeding
against the City, its Official; Officers, Emplo}ees; Contract Consultants, or Age,nts 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 at Assessor Parcel Number 378-030-014, 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 prompi:ly 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.
TENTATIVE PARCEL MAP NO. 32911 "FOR CONl)()MINIUM PURPOSES"
2. The Tentative Parcel:Map' No. 32911 "For Condominium Purposes" will expire two (2) }ears from
date of approval unless within that period of time the cx::&R's and an appropriate instrument has
been filed and recorded with the County Recorder, or an extension of time is granted by the City of
Lake Elsinore City Council in accordance with the Subdivision:Map Act.
,. . ','" " ,'"
3. 'J?rior to the recordation of a final map, a lighting plan shall be submitted to the Planning 'Division
for review and approval. Ntght lighting shall be directed away from the MSHQ> Conservation Area. U
shielding shall be incorporated in the project design to ensure ambient lighting in the MSHQ> ,
Conservation Area is not increased. These requirements shall ~ ,incoIporated into the lighting
improvement plan submitted to the Engineering Division. " '. . ,
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4. The Tentative Parcel :Map No. 32911 "For Condominium PUIp~ses" shall' comply with the State of
California Subdivision :Map Act and shall comply with all applicabl~ requirements of the Lake
Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval
5. Prior to fmal cettificate of occupancy of Tentative Parcel :Map No. 32911 "Por Condominium
Purposes", 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 pan of the ,,:,g~eme~W. ., ,
6. Prior to issuance of a grading permit, the applicant shall prepare and record cx::&R's against the
condominium complex. The cx::&R's shall be reviewed and approved by the Community
Development Director or Designee and the City Attorney. The cx::&R's shall include methods of
maintaining common areas, parking and drive aisle areas, loading and unloading zones, landscaped
areas including parkways, and methods for common maintenance of all underground, and above
ground utility infrastructure improvements necessary to support the complex. In addition, cx::&R's
shall established methods to address design improvements.
7. No lot or unit in the development shall be sold unless a cOIporation, association, property owner's U
AGENDA ITEM NO.
PAGE 30l
ct~
OF I/S
CONDITIONS OF APPROVAL
Page 2 oES
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES" , AND
r'NDUSTRIAL DESIGN REVIEW NO. 2004-07 '.. .
. ,group. or similar entity has been fonned with the right toJinancially assess. all properties individually
owned or jointly owned which have any rights or, interest in. the use of the common areas .and
. common facilities in the development, .such assessment power to be sufficient. to meet the expenses
of such entity, and with authority to control, and duty to maintain, all said mutually available features
of the development. Such entity shall operate under recorded a::&R's which shall include
. compulsoty membership of all owners oBots and/or dwelling unrts and flexibility of assessments to
meet changing costs of maintenance, repairs, and services. Recordedcx::&R's shall pertuit
enforcement by the Gty for provisions required as Conditions of Approval The developer shall
submit evidence of compliance with this requirement to, and receive approval of, the Gty prior to ,
making any such sale.' This. condition shall not apply to land dedicated to the Gty for public
purposes.
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S. Provisions to restrict parking upon other than approved and developed parking spaces shall be
written into the covenants, conditions and restrictions for each project.
INDUSTRIAL.DESIGN REVIEW NO. 2004-07
.\
9. Design review approval for Industrial Project No. 2004-07 will lapse and be void unless building
peirnitsare issued within one (1) ~ar. An extension of time, up to one (1}~ar per extension, may be
granted by the Community Development Director prior to the expiration of the initial Design Review
. .approval upon application by the developer one (1) month prior to expiration.
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10. All Conditions of approval shall be reproduced on page one of building, plans prior to their acceptanCe
by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of
Occupancyand release of utilities.. . .... . ,\....:::
11. Manufactured slopes associated with the proposed site development shall not extend into the MSHCJl. .
'Conservation Area. The fmal grading plan shall be submitted to the Planning Division for approval
12. All site improvements approved with this request shall be constructed as: indicated on the approved
site plan and elevations. Revisions to approved site plan or building elevations shall be subject to the
. review of the Community Development Director. All plans submitted for Building Division Plan.
. (beck shall conform with the submitted plans as modified by Conditions of Approval, or the Plapning
CommissionlGty Council through subsequent action.
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13. Structures shall be placed ~n-site as depicted' on the site plan and/ ~r as modifIed by the Community
Development Director or designee.
,
14. Trash enclosures shall be constructed per Gty standards as approved by the Community Development
Director or designee, prior to issuance of building pertuit.
15. The Planning Division shall approve construction trailers utilized during construcnon. All.
construction trailers shall require a $1,000.00 cash bond for each.
n 16. All roof mounted or ground support air conditioning units ~r other ~chanical equip~nt incidental
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AGENDA ITEM NO.
PAGE 33
d-~
OF /IS
CONDITIONS OF APPROVAL
Page 3 of 8
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES", AND .
INDUSTRIAL DESIGN REVIEW NO. 2004-07 -
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. to development sball be an:hitecturally screened or shielded by landscaping so that they are not visible
from neighboring property or public streets. : Any roof mounted central swamp coolers sballalso be
screened, and screening plan sball be approved by.the Community Development Director, 'prior to
issuance of building permit.. , . ......, . ,
17. All loading zones sball be clearly marked with yellow striping and sball meet Gty Standards for Type
. 'Nloading zones (12' x 20') and Type 'B'loading zones (12' x 40'). '
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18. Any alteration or expansion of this Design Review approval shall be reviewed according to the
~ provisions of Otapter 17.82 (Design Review) of the LaKe Elsinore Municipal Oxie. '
11. Materials and colors depicted on the plans and materials board sball be used unless modified by the
Community '[)evelopment Director ~r designee. .
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12. 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 sball be consistent with the architectural style of the building.
13. All exterior downspouts shall be concealed or an:hitecturally screened and painted to match the
exterior color of the building as approved by the Community Develop~nt Director or Designee.
14. The applicant sball submit a Sign Program for the approval of the Planning Commission prior to U
the issuance of the first building permit. . ,.' - ,
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15. All building signage shall comply with the Sign Program submitt~d to the Planning Division.
16; No outdoor storage of any materials! merChandise is permitted with this application. All outdoor
storage shall be subject to the approval' of a Conditional Use Permit pursuant to Chapter' 17.74
(Conditional Use Permits) and Otapter 1754 (Commercial Manufacturing District) Section
17.54.040(A) (OutdoorStorage). .
,
17. All drive aisles - and '-loading areas sball be' kept and maintained free and clear of any
materials! merchandise so as not to obstruct on-site circulation and deliveries. .
18. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. ,
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19. Provide a 12-inch concrete paver along the side of patking stalls that are adjacent to planters (paver
to include curb width).
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20. Applicant shall meet ADA (Americans with Disabilities Act) requirements. :
21: No exterior roof ladders shall be permitted.
22. All service and loading doors shall be painted to match the building.
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AGENDA ITEM NO. d- ;;l
PAGE 34 OF lIS-
U
. "
CONDITIONS OF APPROVAL
~~4~8 . .... . ". "
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES", AND
("lNDUSTRIAL DESIGN REVIEW NO. 2004-07
23.' On-site surface drainage shall not cross sideWalks.
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PRIOR TO BUILDING/GRADING PERMITS
24. Prior to issuance of any grading pennit or bUilding pennits, the applicant shall sign arid complete an
"Acknowledgement of ConClitions" form and shall return the executed original to the Planning
Division for inclusion in the case recon:ls,. '
25. Prior to grading pennit, a final Landscaping Plan shall be submitted to the Planning Division for
review and approval. The plant palate shall avoid the list of invasive plain species identified in the
MSHCJ> as those species to be avoided adjacent to the MSHCJ> .Consetvation Area (MSHCJ> Final
in Volume I,'Section 6 in Table 6.2 on Page6-44 through 6-46).
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26. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and
approved by the Oty's Landscape An:hitect Consultant and the Community Development Director
. or designee, prior to issUance of bUilding permit. A Landscape Plan Gieck & Inspection Fee will
be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%)
Oty fee.
a)
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b)
c)
d)
e)
,f)
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All planting areas shall have permanent and automatic sprinkler system with'IOO% plant
and grass coyerage using acombination of 4rip andconventional irrigation methods.
Applicant shall plant street ttees selected from the Oty's Street Tree LiSt, ~ maximum of
forty feet (40') apart and at least twenty-four-inch (21") box in size.
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All planting areas shall be separated from paved areas with a six inch (6") high and six
inch (6") wide concrete curb.
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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 LEMe and LandScape Design Guidelines.' . . . '. .
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Any transformers and mechanical or electrical equipment shall be indicated on landscape.
. plan and screened as part of t~e landscaping plan. .
g)
The landscape plan shall provide for ground cover, shrub~~ and trees and' meet all
requirements oCthe Oty's adopted Landscape G,uidelines. Special attention to the use of.
Xeriscape or drought resistant plantings with combination drip irrigation system to be
used to prevent excessive watering,
h)
All landscape improvements shall be bonded 100% for material and labor for two years
from installation sign-off by the Oty, Release of the landscaping bond shall be requested
AGENDA ITEM NO. ~ <Y
PAGE_ 35 OF liS
-
CONDITIONS OF APPROVAL
Page 5 of 8 .
TENTATIVE PARCEL MAP. NO. 32911 "FOR CONDOMINIUM PURPOSES" ,AND
INDUSTRIAL DESIGN REVIEW NO. 2004-07 .
by the applicant at the end of the required two years with approvaV acceptance by the
Landscape Consultant and Community Development Director or Designee.
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o 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 ateas shall
~clude plantings in Jhe Xeriscape,concept, drought tolerant grasses and plants. .
D Final landscape plan must be consistent with approved site plan.
k)
Final landscape p~ to indud~ pw.n'ting~nd irrigation details..
27. Applicant shall comply with cite r;equirementsof 'the Elsinore Valley Municipal Water District.
Proof shall be presented to the Ollef Building Official prior to issuance of building pennits and
. fmal approval. . , .
28. The Multiple Species Habitat Conservation Fee (MSHCI') will be due, l1Pon'issuance of each
building pennit. , . l .
29. Prior to issuance of building pennits, applicant shall provide assurance that all required fees to the
. . Lake Elsinore Unified School District have bee,n paid.
30.' Prior to issuanc~ of building pennits: applicant shall provide assurance that all requirements of the . U
Riverside County Fire Department have been met., .
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31. Prior to issuance of building pennits, appli~ant shill pay'park-~.lieu fee in effect at time of building
. pennit issuance.: " . '
32. The applicant shall at all times comply with Section 17.78 (Noise ControQ of the Lake Elsinore
Municipal(}xie.
ENGINEERING
33: All Public Works requirements slliill be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMq prior to building pennit. .
. .
34. Submit a "Will Serve" letter to the Cty Engineering Division from the applicable water agency
stating that water and sewer arrangements have been made for this project. Submit this letter prior
to applying for a building pennit.
35. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent. .'
36. Provide fIre protection facilities as required in writing by Riverside County Fire.
37. Provide approval of construction activity within the wetlands from the Fish and Games and Cotp of U
Engineers.
AGENDA ITEM NO. d-d..
PAGE 3(" OF liS"
CONDITIONS OF APPROVAL
Page 60f8
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES", AND
('lNDUSTRIAL DESIGN REVIEW NO. 2004-07 . . . . .
38. In accordance with the Gty's Franchise Agreement for waste disposal & recycling, the applicant
shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris,
vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other'
phases of construction. ~ .
39. Dedicate a seven (7) foot wide strip of.additional street right-of-way along the northerly property
line to the Gty fora total of 50 feet of right of way measured from centerline of Colllier Ave. prior
to issuance of building pennit.
40. Provide a seventeen foot (17} slope easement along the northerly property line for future street
alignment of Collier Ave. prior to issuance of building pennit (Res. 87-64).
41. Provide easement agreement for ingress and aggress through adjacent properties.
42. Public right-of-way dedications and easement shall be prepared by the applicant or his agent. Deeds
shall be submitted to the Engineering Division for review and approval prior to issuance of building
pennit. '
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43. The developer shall furnish a signing and striping plan for median, including a stripped left turn
'pocket, subject to the approval of the GtyTraffic Engineer.
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44. The driveway aisles shall be designed so that at least 40 ft. is available between the 'street curb arid
the fIrst parking stall in order to provide adequate on-site sto~ for entering vehicles.
,
45. Street improvement plans and specifIcations shall be prepared bya Calif. Registered GvilEngineer.
Improvements shall be designed and constructed to Riverside County Road Department Standards,
. latest edition, and Gty Codes (LEMC 12.04 and 16:34). Street improvement plans shall show
existing and future profiles at centerline of street and at .top ofctirb, as well as grading contours.to
50' beyond the property limits.
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46. If the existing street improvements are to be modified, the 'exisring street p~ on file shall be
modified accordingly and approved by the Gty Engineer prior to issuance of building pennit.. An .
encroachment pennit will be required to do the work.
47. Work done under an encroachment pennit for off-site Unprovements shall be delineated on the
street improvement plans 'and approved and signed by the Gty Engineer' prior to issuance of
. building pennits. . . ,
.
48. Pay all fees and meet requirements of an encroachment pennit issued by the Engineering Division
for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and
requirements for an encroachment pennit shall be fulfilled before CertifIcate of Occupancy.
49. 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 off-site
improvements will be scheduled and approved.
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AGENDA ITEM NO. d. ~
PAGE ?7 OF (15
CONDITIONS OF APPROVAL
Page 7 of 8
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES", AND
INDUSTRIAL DESIGN REVIEW NO. 2004-07
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50. The applicant shall obtain aU necessary off-site easements for off-site grading from the adjacent
properry owners prior to grading permit issuance. , ' . .
51. Apply and obtain a grading permit with appropriate security prior to building permit issuance: A
grading plan signed and stamped by a Calif. Registered Gvil Engineer shaU be required if the grading
exceeds 50 cubic yards or the exisring flow pattern is substantiaUy modified as determined by the
Gty Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading
permit shall still be obtained so that a cursory drainage and flow pattern inspection can' be
conducted before grading begins.
52. Applicant to provide erosion control measures as part of their'grading plan. The applicant shall
contribute to protection of storm water quality and meet the goals of the BMP in Supplement " A"
in the Riverside County NPDES Drainage Area Management Plan.
53. Provide soils, geology and seismic report, including recommendations for parameters for seismic
design of buildings, and walls.
54. An AIquisit-Priolo study shall be performed on the site to identify any hidden earthquake faults
and! or liquefaction wnes present on-site. A certified letter from a registered geologist or
geotechnical engineershall be submitted confIrming the absence of this hazard
. .
55. Site development along the wetlands wiD require special grading and erosion control requirements U
(LEMC Title15) "
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56. On-site drainage shaU be conveyed to a public facility or accepte{i by adjacent properry owners by a
. letter of drainage acceptance or conveyed to a drainage easement. ' .
57. All natural drainage traversing the site shall be conveyed through the site, or 'shaUbe coUected and
;conveyed bya method'approved by the .Gty Engineer., '.' .
58. Submit Hydrology and Hydraulic Reports for review and approval by Go/ Engineer prior to
,issllal,lce of grading permits. Developer, shall mitigate any flooding and!or erosion downstream,
,caused by development of thlCsite and! ~r diversion of drainilge.
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59. The developer shall incOlporate into the project plans combmati6n of Site Design BMPs, Source
control BMPs and Treatment Control BMPs to address the potential PoUutants of Concern
,identified for the project, as required by NPDES requirements for industtial and commen:ial
projects within the San Jacinto, and Santa Ana River Watersheds. These new requirements all for
on-site Water Quality Management Practices (WQMP's). On-site Filters specialized in removing
specific poUutants from your site must be in place to fllterrunoffs prior to entering any city storm
drain facility.
60. The developer shall incorporate into the cx:::&R of the industrial condominium specific requirements
and funds for periodic' maintenance and! or replacement of the BMP system by the Properry
Owners Association as required by manufacturer, and accepted by the Gty Engineer. U
AGENDA ITEM NO.
PAcE-S'8
;;).:)
OF liS
CONDITIONS OF APPROVAL
Page 80f8
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES", AND
['1NDUSTRIAL DESIGN REVIEW NO. 2004-07
, '.
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61. The developer must submit a"conditional 'letter of map revision (CLOMR) to FEMA prior to
issuance of building permits. A letter of map revision (LOMR) mUst be approved from FEMA prior
to occupancy." . .
62. Meet all requirements of LEMC 15.68 regarding floodplain management. Finish floor elevation of all
buildings shall be a minimum I-foot above the 100-year flood elevation as shown on the applicable
FEMA FIRM maps. Any fill placed in the 100-year flood plane for the purposes of elevating the
building floor out.of the flood plane shall require a LOMR- F to be processed with FEMA "
,j i
63. The developerto provideFEMA elevation certificates prior to issuance of certificate of occupancies.
64. Developer shall provide the city with proof of his having flIed a Notice of Intent with the Regional
Water Quality Control Boam for the National Pollutant Discharge Elimination System (NPDES)
program with a storm water pollution prevention plan prior to issuance of grading Permits, The
applicant shall provide. a SWPPP for post construction which describes BMP that will be
implemented for the development and including maintenance responsibilities.
65. Developer shall obtain approval from Santa Ana Regional Water Quality Control Boam.for their
storm water pollution prevention plan including approval of erosion control for the grading plan .
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP that will be implemented for the development and including maintenance
responsibilities. .
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66. EducationguidClines . and Best Management Practices (BMP) ~pall be provided to residents of the
development in the use of herbiCides, pesticides, fertilizers as weV as oilier environmental aWareness
education 'materials on good housekeeping practices that contribute to protection of storm water
qualityand met the goals of the BMP in Supplement ~'A" in the Riverside County NPDES Drainage
Area Management Plan. .
67. Pay all Capital Improvement and Plan Checkfees (LEMC 16.34). The traffldmpact Mitigation fee
is $0.71 per square foot of buildings,' and the drainage fee is $7,120 per acre (Arroyo Del Toro
District) and the lUMF amount is $0.46 per square foot of building until June 30, 2005, School
Developer Fee is $0.36 per square foot of building and Park Capital Improvement Fund fee is $0.10
per square foot. " . .
68. The Gty of Lake Elsinore has adopted onlinances forstormwater management and discharge
control In accordance with state and federal law, these local sormwater ordinances prohibit the
discharge of waste into storm drain system or local. surface waters. This includes non-stormwater
discharges containing oil, grease, detergents, trash, 'or other waste . remains. Brochures of
"Stormwater Pollution, What You Should Know" describing preventing measures are available at
Gty Hall.
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PLEASE N01E: The discharge of pollutants into street, gutters', storm drain system or waterways -
without Regional Water Quality Control Boam permit or waver - is strictly prohibited by local
ordinances and state and federal laws.
AGENDA ITEM NO.
PACE 5 't
d.~
OF liS
RESOLUfION NO. 2005-
.,.,
A RESOLUfION OF THE PLANNING COMMISSION OF
THE ,CITY OF LAKE ELSINORE" CALIFORNIA,
, RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE
PARCEL MAP NO. 32911 "FOR CONDOMINIUM
PURPOSES"
'U
wHEREAS, an application has been fIled with the Gty of Lake Elsinore by Collier
Development Co, LLC, to request approval of a Tentative Parcel Map "For Condominium
Pwposes" for the ,establishment of a"conunercial manufacturing business park and related
improvements; and '
, WHEREAS, the Planning Conunission of the, Gty of Lake Elsinore has been delegated with
the responsibility of making recommendations to the Gty Council pertaining to the subdivision oC
land; and
- ., . - ,I
WHEREAS, public notice of said application has been given, and the Planning Conunission
has considered evidence presented by the Conununity Development Department and other
interested parties at a public hearing held;with respect to this item on AprilS,,290S.
NOW TI-IEREFORE, ,the Planning Conunission of the; Gty of Lake Elsinore DOES
~~~~as~~ U
SECTION!. The Planning Conunission has,considered'the proposed subdivision (1PM
No. 32911), priorto making a decision,to recommend that the Gty, Council approve the proposed
Tentative Parcel Map "For, Condominium Purposes~ for the establishment of a ,commercial
manufacturing business park. 'The Planning Conunission finds and determines that this project is
exempt pursuant to CEQA, which exempts infill projects S acres or less.
SECTION 2. That in aCcordance with State of california Subdivision Map Act, and the
Gtyof Lake Elsinore the following findings for the approval of Tentative Parcel Map No. 32911
"For Condominium purposes" have been made as fo~ows: " , , "
, ,,~
1. The proposed subdivision, together with the provisions for the design and improvement, are
consistent with the General Plan; Zoning Code; Tide 16 of the Municipal Code relating to
Subdivisions; and the State Subdivision Map Act.
." . ~ ., .,
,1he prrjea is anistent Wth the des~ !ani use p/annirf, anu, deuJqmwt ani desifP starxla:rds, ani all
aher apf>><fIriate ~":J""1lS cwtainrl in the Gen?ml Plan, Z~ ark, Ory Municipal ark, am
SulxIiUsiAnMap A d.
2. The proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5)." ,
ACENDA ITEM NO.
PACE to
cJd.
OF ItS;
u
o
RESOLUTION NO. 2005-
PAGE20F2
7be ptq"oct is amstent Wth tlx lani tISe pIdn, deuiqnrmt ani desigp sttirclt4rrls ani program, ani aD <<her
apprrrrriate mpamrmtS ~ in tlx Gem-al Plan ',." .
3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the
public service requirements of its residents, and the available fiscal and environniental resources
have been considered and balanced.. . ,'-
7be prrju:t is (fftSistent Wth tlx Ciry's' Gem-al Plan ani zOOing olk, -uiJJ prodde 1R3sai)' puJk smm ;U
facilitiRs, uilJ pay aD appupriate fiis, ani uilJ 1rt result in any adr.me em.i1mrimtal inp:ut.'
4. The design of the subdivision provides to the greatest extent possible, for future' passive or
natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3).
7beprrjea uilJ rmp/yWth aD a/,prcpria!eanseruttiai mparellEI1Js if tlx Ciryani UniJi>>mB~ ilik
NOW, TIiEREFORE, based on the above fmdings, the Planning, Commission of the Gty
of Lake Elsinore DOES HEREBY RECDMMEND that the Gty Council of the 'Gty of Lake'
Elsinore approve Tentative Pai-cel Map No; 32911 "For Condominium Pwposes".,"
(\
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RonLaPere, ClJairman '
Lake Elsinore P~g Cominission
,
',' .
I hereby certify that the preceding resolution was adopted by the Planning Commission at a 'meeting
thereof conducted on AprilS, 2005 by the following vote: '
, AYES:
, Commissioners:
NOES:
Commissioners:
, '
,
ABSENT: Commissioners:
ABSTAIN: Commissioners:'"
" ;..J."
ATIEST:
, '.'
Robert A Brady, Secretary to the
(\ Planning Commission
AGENDA ITEM NO.
'PACE '11
~~,
OF /IS
RESOLUfION NO. 2005-
,
,
A RESOLUfION OF THE PLANNING COMMISSION OF
THE CITY \. OF. LAKE ELSINORE, CALIFORNIA,
RECOMMENDING CITY COUNCIL APPROVAL OF.
DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. 2004-
07, TO BE LOCATED ON COLLIER AVENUE, NORTH
QF RIVER$IDE .DRIVE FOR A PROJECT KNOWN AS
COLLIER AVENUE BUSINESS PARK- APN 378-030-014
u
.,.:).
. WHEREAS, an application has been filed with the Gty of Lake Elsinore by Collier
Development Co, LLC, to request a Design Review of Industrial Project No. 2004-07 for a
Conunercial Manufacturing Condominium Business Complex consisting of ten (10) buildings
totaling 62,287 s~uarefeet; 'and. , .,
WHEREAS, th~ Planning Co~sion of the Gty of Lake Ek~ore has been delegated ~th
the responsibility of mal<;ing reconunendations to the Gty Council pet;taining to the Design Review
of industrial projects; and . .
WHEREAS, public notice of said application has been given, and the Planning Commission
has considered evidence . presented by the ,Community. Development Department and other
interested parties at a public meeting held with respect to this item on AprilS, 2005.
NOW lHEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission .has considered the proposed request for the
Industrial Project No. 2004-07 prior to making a decision to req,mmend that the Gty Council
approve the proposed commercial manufacturing business comple". The Planning Commission
fmds and determines this project is consistent with the Lake Elsinore Municipal Code and that this
action is exempt from the requirements of the QllifomiaEnvironmental.Quality Act (CEQA).
pursuant to Section IS332.b., IrJ.Fill Deuiqmwt Prrjeds; . J .,
SECTION 2. That in accordance with Olapter 17.82 (Design Review) of the Lake Elsinore
Municipal Code the following findings for the approval of have been made as follows:
u
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"
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.
1be prr;paailnfustrid Design Redewkmtedill APN: 378.030-014 axrplies Wththe g;uIs aniWjff1i'1PS if
the Gemrttl Plan, in that the appruu1l if this wI/l/E1ci:d rruntfacturirf?, awplex -uiIJ assist in aJJieUng the
deu:kprIl!I1t if a wi/.-Wlarml ani ~ nix if nsidential, iXKItfl:/rial, industrial, qx:n spare, rroratinnal
ani instiJutUmllmxluses as wi/. as erx:mragirft irKIustrid Imxluses to dirersify Lake E Isimre's ~ fuse. .
2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
ACENDA ITEM NO. ';;),;),
PAGE '101' OF lIS
u
RESOLUTION NO. 2005-
PAGE. 2 OF 3
n
7he prupastxJ Irxlustrial Design Reriew la-atad ta APN: 378-030-014 is <<jJp/rpriate to the site ani
s~ der.e/qmmts in that the prqxsal wm.:,cial rmnufaauring a>>rplex has been deswm in
cmsideration if the size ani shape if the property, thereby ~ intm:st am mrying Usoo as a flelSon trDU?S
aImg the s/:1fH. Further the prriext as prqxsal uiIl a>>rp!errmt the quality if ex;isting deuJqmrnt ani uiIl
cralte a Usually p/eas~ rxn-detraahe relatimsbip l:Jetuwn the prrpaal ani ex;isting prriexts in that the
anhitewual design, aior ani rmterial ani site designs ~al eritlerre a o:nEm far qwJity ani orilfmJity. .
3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result
in any significant adverse environmental impacts.
pzmuant to the California E nUll:>>ll IE/Ita! Qta/ity A a (CE QA), the prqxsal Irxlustrial Design Reriewla-atad
at APN: 378-030-014, as wUeued ani ~ by all appliadie Oty DiUsims ani Departm:nJs ani
AwOO, uiIl m haw. a significant e/fa:t m the enUlOIlm:r!t putsuant to A1tide 19 (Categorical
Exemptions) ani Sa:tion 15332 (In-FiB Development Projects).
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including
guarantees and evidence of compliance with conditiqns, 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 Sa:tion 17.82.070 (Aaion if the Planning OJrmiss;ay if the Lake Elsimre Mrmicipal Oxk
(LEMq, the prqxsal IrxlustriaJ DesignReriewla-atad ta 378.030-014 has brenscha1u1alfarcmsiJeration
~ approcnl by the Planning OJrmissm
,
,
NOW, lHEREFORE, based on the above Findings, the Planning Conunission of the Gty
of Lake Elsinore DOES HEREBY REffiMMEND TO lHE o1'Y ffiUNOL APPROVAL of-
Design Review for Industrial Project No. 2004-07.
Ron LaPere, Chairman
Lake Elsinore Planning Conunission
I hereby certify that the preceding resolution was adopted by the Planning Conunission at a meeting
thereof conducted on AprilS, 2005 by the following vote:
AYES: Conunissioners:
NOES: Conunissioners:
ABSENT: Conunissioners:
(\
ABSTAIN: Conunissioners:
A<iENDA ITEM NO. d.~
PAGE '13 OF liS
RESOLUfION NO. 2005-
PAGE. 3 OF 3
ATfEST:
Robert A Brady, Secretary to the Planning Conunission
,.
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AGENDA ITEM NO. ;I~ U
PACE 'ft/ OF /IS
- -Vlvll""1 I IVI/""\r
TPM NO. 32911/ TENTATIVE CONDOMINIUM PLAN
INDUSTRIAL DESIGN REVIEW NO. 2004-'07
(APN 378-030-014)
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:
DEPARTMENT OF THE ARMY
LOS ANGELES DlSTRICT, CORPS OF ENIllNEERS .
P.O BOX 532111
LOS ANGELES, CAUFORNlA llOO5:f-2325
u
ftEPtYTO
ATTEHfIONOf:
February 18,2005
Office of the Chief
Regulatory Branch
Johnston-Alexander & Associates, LP
Attention: Jeffrey Johnston
12040 East Florence Ave.
Santa Fe Springs, Califomi<l 90670
Dear Mr. Johnston:
Reference is made to your application/letter (No_ 200500469-DPS) dated October.21, 2004,
reqQesting a Department of the Army jurisdictional determination for the site of a proposed U
commercial development (Collier Ave. Sile, APN 378-000-014), in the vicinity of Temescal Wash . .
in the city of Lake Elsinore, Riverside County, California (see attached map).
. .
Based on the information furnished in your application/lelte'r, as well as a site visit
conducted by Dan Swenson of my staff, we have determined that your proposedprojecl, as
currently designed (specifically as indicated on parcel map 32.991 dated October 4, 2004),
would not discharge dredged or fill material into a waler of the United States or an adjacenl
wetland. Therefore, the project would not be subject to our jurisdiction under Section 404 of the
Clean Water Acl and a Section 404 pennit would not be required froin our office.
Furthermore, you are hereby advised that the Corps of Engineers has established an
Administrative Appeal Process for jurisdictional detenninalions which is fully described al33
CFR Part 331. The Administrative Appeal Process for jurisdictional determinations is
diagrammed on the enclosed Appendix C. If you decide nOI to accept this approved
jurisdictional determination and wish to provide new information, please send the information
to this office. If you do nOlsupply additional information you may appeal this approved
jurisdictional determination by completing the attached ''Notification 01 Administrative Appeal
Options and Process and ~uest for Appeal" form and submitting it directly to the Appeal
Review Officer al the address provided on the form. '
Please be aware that our detennination does not preclude the need to comply with
Section 13260 of the California Waler Code (Porter /Cologne) and we recommend that you
contact the Califomi<l Regional Water Quality Control Board to insure compliance with the
above regulations. Furthermore, our determination does nol obviate the need to obtain other
Federat state, or local authori~tiot\S required by la'\IV_
u
EXHIBIT
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If you have any questions. please contact Daniel P. Swenson of my staff at (213) 452-3414.
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Chief, South Coast Section
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Jones & Stokes
n
March 21, 2005
Mr. Jeff Johnston
Johnston-Alexander & Associates, L.P.
12040 East Florence Avenue
Santa Fe Springs, CA 90670
Phone:
Fax:
562.944.6215
562.944.7198
Subject:
Summary Biological ResourCes Constraint Analysis for the Proposed Collier Avenue
Industrial Development (Tentative Parcel Map 32991), City of Lake Elsinore, California.
Dear Mr. Johnston:
This letter addresses the potential constraints posed to construction of Tentative Parcel Map 32991
(Assessor Parcel Number 378-030-(14) by biological resources. The proposed site is 4.8 gross acres and
is located on the west side of Collier Avenue just north of the interseCtion with Riverside Drive, Lake
Elsinore, California (Figure I). Specifically the project site is depicted on the Lake Elsinore, California
7.5-minute U.S. Geological SUrvey (USGS) quadrangle map (Lake Elsinore 1997) and on page 866
(blocks BI and el) of the current Riverside County Street Guide and Directory (Thomas Bros. 2004).
n The .proposed project consists of the development of five smaIl industrial buildings with paved yard
improvements, hmdscaping, and perimeter security walls and iron fencing. The buildings range in size
from approximately 8,000 square feet to 16~000 square feet. .
,
In this report the term "prqject site" defines that area proposed for devetopment while the term "study
area" reflects the entire 4.8 acres. Figure 2 provides the area of proposed development and associated
lands and Figure 3 provides details of the proposed development. The proposed developinent is 3.1 acres
and excludes all areas within Remainder Parcel Lot "R" as shown on Figure 2." Lot R includes the ''Corps
of Engineers Non-Jurisdictional Setback Line" and is proposed as natural open space with no direct
impacts planned by the prqject. ...
1.
,
Methods
A field evaluation of the entire study area was performed by Tricia A. Campbell on 08 May 2004 between
the houtS of 0645 and 0830. Weather conditions were moderate with temperatures of61 to 67 OF, cahn,
cloud cover 00/0; soils dIy, and visibility good. The site map prepared by Christeusen Surveying &
Mapping was used to detennine project site and Study area boundaries. Areas immediately adjacent to the
study area were included and briefly evaluated to provide context and to enable preliminary evaluation of
potential indirect impacts to off-site resources.. No additional visits were made for the current work.
Results of the field analysis were mapped directly onto a base map during the site visit, at a scale of
n
27403 Ynez Road, Suite 208 ." Temecula, CA 92591-4617 . leI. 951506.4038 . tax 951506.4138
www.jonesandstokes.com
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. Figure I
Study Area Vicinity
Tentative Parcel Map 32991
Lake Elsinore, California
Source Map: Delorme TopoUSA 3.0
Original Scale: approximately I inch = 3.5 miles
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March 21, 200S
Page 2
n
approximat~ly I irich'" 40 feet (I :480) and are illustrated in Figure 2. 'Representativ~ photographs we;e
taken of the' study area and'are provided in Appendix A: '
, , '
, ,
J udgniehts' regarding the conditions, habitats and resources on and potentially on the project are based on
a complex arid carefully evaluated array of mformation including: (I) published and unpublished
iuformation on local and regional ecosystems and on identification and evaluation'of resow-ces, (2)
extensive personal and professional experience and training, and (3) careful observations made during the
site visit '
All plant and animal SpeCies and naturaI ,conUnunities' in California with special regUlatory or
management status were evaluated for potential to occur within the'study area.' A complete list of
specifically evaluated resources, including English name, scientific naine, current regulatory status,
likelihood of occurrence, as well as applicable comments are listed in Appendix B and sllllllllllfiZed '
below. Defmitions of the terms used'for likelihood of occurience are also provided in Appendix B,
including the criteria for such judgments. The list in Appendix Bwas developed Using the following
. " .
steps: ",
.
Using a list composed of the USGS 7 .5-minute quadrangle map on which the study area appears
'(Lake Elsinore) and the immediately'surrounding quads (nine'in'all), a check was pefformed for
the California Natural Diversity Data Base (CDFG 2004; data date May 2004) and the California
Native Plant Society's Electronic Inventory (Skinner and Pavlik 2004; data date July 2004).
'-.>
(\
. Using a checklist of all species in the study area region with special status, species were then
added where any reasonable potential for occurrence might be found based on professional
knowledge, expenencefrom prior projects in the region; Jones & Stokes internal databases,
published and unpubliShed references, and information from other biologists. This step was taken
to add resources that may have not bOOn included by the CNDDB or CNPS data base for the nine
quad search. < ' ,
<
Resources nsed to determine regulatory status include Skinner and Pavlik (2004), CDFG (2002; 2003a,b),
and USFWS (2002), along with many other recent publications. ,Resources,utilized for information on '
biological status, habitats, and current distribution included the California Natural Diversity Data Base
(CDFG 2004), the Birds of North America individual species accounts (1992 onward), varied
unpublished sources such as prior experience of the biologist, Jones & Stokes' data files, and regular
communications with other expert and professional biologists.
Taxonomy and hoinenclature used in this letter report follow Holland (1986) for vegetation communities,
Hickman (1993) for plants, Collins and Taggart (2002) for native herjletiles (amphibians, reptiles, and
relatives), AOU (1998) and supplements (AOU 2000, 2002, 2003) for birds, and Jones et aI. (1997) for
mammals. -, ,
. j' "
2. Existing ,Site Conditions
The following discussions briefly address conditions and biological resources found to occur at the study
area and adjacent. Any such study of the site can provide only a sampling, and not an exhaustive list of
everything that has, does, or will occur. Additional s~ies beyond those observed in an evalnation
certainly use any given site, but may not have, been detected, for example, because they were not present
at the time of day or time of year the field work was conducted, or becansespecial survey methods are
n
Collie.Ave,SCAJrpt05f1
AGEHDArtEM NO. d.d
, PACiE r,qOF _ 1/5
-
Mr. Jeff Johnston
March 21, 2005
Page 3
"
;{. I.
required to determine their presence or absence (e.g., righttime surveys for bats). Nevertheless, the
information developed through the initial background evaluation, current field work, and checks of ' U
relevant background information forms a sound and effective basis for evaluating the potential for '
occurrence of resources and their habitats, functions and values in the context of potential,c,onstraints to
the project. Refer to the attached Appendix C for a complete floral and faunal list of those species '
detected during the current field work. ' ,
PhysicaL The study area lies within a landscape of natural open space and sparsely scattered , '
industriallcominercial and residential development. The project site is bordered on the north and west by
relatively extensive natural open space, to the south by industrial development, and to the east by Collier
Avenue (Figure 2). ,The natural open space lands adjacent to the study area range from Freshwater
Marsh to Nonnative Annual Grassland and is the area colloquially known as Collier Marsb/ Alberhill
Creek. The proposed project site (i.e., that which is proposed for direct impact) is composed of a graded
pad, weedy vegetation, bare ground, and sparsely scattered remnant Riversidian Sage Scrub plants. Soils
within the project site are compacted fu.>m mechanical disturbance. The soils on the study area are
mapped primarily (roughly 85 percent) as Willows silty clay, saline~alkali with the remainder being ,
Traver loamy flOe sand, saline-alkali (Knecht 1971). Willows soil series characteristically occur in basins
and on edges of alluvial fans and Traver soil series are present on valley plains and basins.
The topography of the study area consists of the graded pad within the project sit" that is roughly 1260
feet in elevation and the flats within the remainder of the study area that are approximately 1255 feet in
elevation. No natural water features were detected within the project site but it is apparent that lands
outside the project site but within the study area, as well as beyond, receive inundation at least during
portions of the year.
Vegetation. Thirly-eight species of plants were identified during the field work. Of these 38 species, 22 U
are normative. No special status plants were detected or observed during the field work, however,
Appendix B provides a list of special.status plants with potential to OCf;ur on the study area and Section 3
provides the biological and regulatory constraint analysis. '
,
Ninety percent of the project site is covered by ruderal vegetation that includes T ocalote, Common
Horseweed, Telegraph Weed, Prickly Lettuce, Menzies' Fiddleneck, Short-pod Mustard, Russian-Thistle,
Turkey Mnllein, Red-stemmed Filaree, Spanish Brome, oat, and Rat-tail Fescue. The remainder of the
project site is covered by sparsely scattered (roughly 5 to 10"/0 cover) sage scrub-associated plants such as
California Buckwheat, goldenbush, and Deerweed. AU three of these species are tolerant of human
disturbance and may have inhabited the site post disturbance., The sage scrub plants are limited to the
manufactured berm that lies along the north boundary between the project site and the proposed open
space and'is not judged'to represent a functioning natural community given its highly disturbed condition
(e.g., low % cover, low species diversity) and relative isolation (Figure 2).
Within the remaining portions of the study area (i.e., proposed open space areas) vegetation includes
Southern Willow Scrub, Coastal and Valley Freshwater Marsh, and Seasonal Alkali Marsh. The Southern
Willow Scrub within the study area is limited to young Arroyo Willow, tamarisk, and Emory's Baccharis.
The Freshwater Marsh within the study area is solely bulrushes with cattails off site. The Seasonal Alkali
Marsh is dominated by Western Ragweed, Alkali Plant, Australian Saltbush, Curly Dock, Annual Beard
Grass, and Salt Grass.
Wildlife. Twenly-two species of animals were detected during the site visit. The wildlife list (Appendix
C) includes those species observed on the study area as well as species directly adjacent to the study area
or flying over. No amphibians were detected and the only reptile found was Gopher Snake. Based on U
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study area conditions other s~ies are ex~ted to occur including Side-blotched Lizard (Uta
stansburiana), Western Fence Lizard (Sceloporus occidentalis) and Pacific Chorus Frog (Pseudacris
regiIla). The birds noted as directly using the site included Killdeer, Mourning Dove, Anna's '
Hummingbii-d, Black Phoebe, Red-winged Blackbird, Brewer's Blackbird, and Hous~ Finch. Other bird,
s~ies were detected and/or observed near the Study area and are listed in Appendix C. The mammals
detected during the site visit were iimited to California Ground SquiITel, Botta's Pocket Gopher, and '
Domestic Dog. ' '
Given the adjacency of the 'study area to exteOsive natural open space lands it is expected that many more
s~ies than detected could use the site. HOi:Vever, given the condition ,of the proPosed project site it is'
unlikely that the site provides valuable reSoUrces to neighboring wildlife. .' , . '
",' ". ,
No s~ial status animal species were detected during the field work:. Refer to Appendix B,for a complete
listing of s~ial status animals with potential to occur within the geogfaphic range of the, study area as
well as to occur on the study area an<;'!or project site given site conditions. ' ,
3. Biological Resources Constraint Analysis .
Findings provided here regarding poteritial ~nstraints to .the projeCt are based on thefollowing critical
factors: (I) the project design as currently proposed and understood; (2) study area resources and '
conditions at the time of the field visit; (3) laws,' regulations and court precedent at the time ,of this . '
analysis; and (4) that all Standard and applicable best management practices are induded in the project,
design and adhered to in project implementation. . .
. ".- . .
It is' important to understand that the presence of Ii resource with spedal status may provide no constraint
under a particular situation.' This is primarily where the resource does not' meet one or more regnlatory
requirements. For example, a s~ies might have a reasonable likelibQOd of occurrence'at the project site
during migration and be a: broad habitat. generalist at that time. With tlre known cause of decline or
population limitation at other life stages, a species may have little potential to suffer effects through minor
habitat removal by the project.. . _ -. -, , , _ .' ' -
The kinds of potential impacts to biological resources considered in the following analysis uiclude both
direct and indirect. Drrect impacts are those' effects that can be expected frOm direct removal and grading
of lands. Examples of direct impacts include mortality of individuals and permanent loss of habitat.
Indirect impacts are those which give ri~ to delayed,secondaty ,effects. Examples of indireCt impacts
include fragmentation, pollination interruption, increasOO environmental toxins, plant and wildlife
dispersal interruption, increase risk of fire, and increased invasion by nonnative animals and plants that
out-compete natives. Indirect impacts can safely be assumed to increase mortalitY, reduce productivity,
and/or reduce the value and functions of natural open space for the native s~ieS that inhabit it. Given
the proposed project, it is anticipated that direct impacts will be limited to within the proposed project site
and would occur from the construction of the industrial development and associated improvements.
These would include dii-ect groUnd disturbance and vegetation removal. Indirect impacts were assumed
to potentially occur during construction in the form of noise, dust, etc. as well as post construction effects
including increased risk of fire, increased invasion by nonnative animals and plants that out-compete
natives, increased predation to vertebrates from night-lighting, and disruption of vertebrate activity.
These indirect effects may occur to those ~ial status resources that lie within the proposed open space
element as well as adjoining natural open space lands within Collier Marsh! Alberhill Creek:.
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Special Status Plants: Ofthe nine federal and state listed plant species ,initially evaluated as having at U
least some potential to occur based on their known distribution (see Appendix B, attached), none are
judged to have a reasonable likelihood of occurrence on the project site. However, of these nine listed
plants, three are judged to have Moderate potential to occur within the proposed open space element of,
the study area and thus, could be indireCtly affected by the proposed project (See Section 5 for
recommendations). The three species are San Diego Ambrosia (FE, CNPS List IB, MSHCP), San Jacinto
Valley Crownscale (FE, CNPS List 1B, MSHCP), and Thread-leaved Brodiaea (FT, SE, CNPS List IB,
MSHCP) and all three have been recorded within the Lake Elsinore USGS quadrangle for which the study
area lies (CNPS and/or CNDDB records). These judgments of occurrence are based on the species
requirements for soine combination of soils, moistu~levels, habitati;, elevation range, geographic
distribution, and/or disturbance tolerance. - '
Of the 32 species of non-listed special status plants reviewed, none are judged to have potential for
occurrence within the proposed project site and'thus have no potential to be directly impacted. However,
of the 32 species of non-listed plant species, there are nine species with a: reasonable likelihood of
occurrence (i.e., Low to Moderate) within the proposed open space element of the study area. Due to
close proximity to the project site, these species, if present, could sulfer indirect effects from the project
These species are Coulter's Salibush (CNPS List IB), Davidson's Saltscale (CNPS 1B, MSHCP),
Parish's Brittlescale (CNPS List lBMSCHP), Smooth Tarplant (CNPS List IB, MSHCP), Coulter's
Goldfields (CNPS List 1B, MSCHP), Little Mousetail (CNPS List], MSCHP), Prostrate Navarretia
(CNPS List lB, MSIiCP), Rayless Ragwort (CNPS List 2), ~d Wright's Trichocoronis (CNPS List 2, ,
MSHCP). The extent of potentially suitable habitat f9r these ,species withm the proposed open space
equals roughlY 0.5 acre (Seasonal Alkali Marsh). '. ' , , ' , ,
Western Riverside County MSHCP. Based on the Conservation Summary Report Generator,
habitat aSsessments fo~ the, following species of plants are requ~ under the MSCHP:
U
Criteria Area Soecies - Thread-leaved Brodiaea, Dav~on' s Saltscale, Parish's "
Brittlescale, Smo<1th Tarplant, Round-leave4 Filaree, C.~ulter's Goldfields, and Little
. , Mousetail. The proposed area of development (i.e., project site) lacks potentially suitable ,
habitat for these species. The proposed open space element of the study area, however
provides 0.5 acre of potentially suitable habitat for all but one species, Round-leaved
Filaree. Refer to Section 5 for recommendations to !iddress these potential co~traints.
Narrow'Endemic Plant Species -Munz's Onion, San Diego Ambrosia, Slender-homed
, Spineflower, Many-stemmed Dudleya, Spreading Navarretia, California Orcutt Grass, ,
San Miguel Savory, Hammitt's Clay-cress, and Wright's Trichocoronis. The proposed
development area does not provide potentially suitable habitat for any of these narrow
endemic plants. The proposed <1pen space element within the study area, however,
provides a small amount of potentially suitable habitat (0.5 acre) for two of the nine
species, San. Diego Ambrosia and Wright's Trichocoronis. The strong alkaline
conditions are judged to eliminate the potential presence of the other nine species., .
Appendix D p~vides a consistency revie,w of the proposed project under the WRC
MSHCP.
In summary, the project site (area proposed for development) lacks potentially suitable habitat for, special" '
status plant species. In contrast, the open space element of the study area is judged to be potentially
suitable for a range of special status plants, some of which are MSHCP covered species and others that U
are not (i.e., Coulter's Saltbush). The potential presence of these 12 special status plants may pose a
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constraint to the project under CEQA and under the MSHCP. Refer to Section 5 for recommendations to
address these potential Constraints. .
Special Status Animals. BaSed on our initial research on the currently known status and distribution .
of special status animals, 13 federal and/or state listed species were initially found to have potential for
occurrence in the vicinity of the study area (Appendix B). Of these 13, none are judged to be potentially
present on the project site. There is one species, Least Bell's Vireo, known to inhabit the Collier
MarshlAlberhill Creek area The Southern Willow Scrub patch along the west boundary of the study area
and within the proposed open space is not structurally appropriate nesting habitat for this species. The
nearest potentially suitable habitat for Least Bell's Vireo occurs roughly 200 to 390 feet west of the study
area. It is reasOnable that this species could occasionally forage along the west boundary of the study
area, however, this area is not expected to serve as important foraging grounds given its limited extent..
The other 12 listed animal species are not expected to occur based onesch species' geograpbic
distribution, habitat and elevation requirements, disturhance tolerance, or some combination of these
factors.
. .
Of the 40 non-listed special status aninials reviewed as having potential to occur on the project site none
are judged to have potential for occurrence in a legally constrainiilg role. There are four species, San
Diego Coast Horned Lizard (SSe), Belding's Orange-throated Whiptail (SSe), Two-striped Garter Snake
(SSe), and Western Least Bittern that could occur within the proposed open space element of the study
area but only one of these 'species, Western Least Bittern,' is jl!dged to have reasonable potential tosuffer
indirect effects caused by construction noise 'assoCiated with the proposed' development. Refer to Section
. 5 for recommendations to address this constraint. .
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Raptor ForaginglNesting. Given the size of the study area, it is judged not to'provide important
foraging lm:'ds for raptors and potentially suitable nesting habitat is not on or adjapent to the study area.
No constraint is anticipated. .
,
Natural Communities. No natural vegetation communities lie. with 'In the proposed project site and
thus none are expected to suffer direct impacts from the proposed devetopment. However, the proposed
open space element within the study area and the lands adjacent (and beyond) to the study area are
comprised of riparian vegetation eoinmunities including Southern Riparian Forest, Southern Willow"
Scrub, Coastal and Valley Freshwater Marsh, and Seasonal Alkali Marsh. The lands within the proposed
open space element and the Collier Marsh! Albefhill Creek complex could suffer indirect effects from the
proposed development. A constraint to the project is judged present. Refer to Section 5 for
recommendations to address this constraint and Appendix D for the MSHCP Consistency Review.
. . ' ' < '".-' ., ..
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Habitat LinkagelCorridorlDevelopment Buffer. The project site doesnotserve asa habitat
linkage or corridor given its topography and location relative to other development and natural open
space. In addition, the project site, given its small size, is judged to provide limited buffer value between
the natural open space lands to the west and north and development to the south and east of the study
area.
Jurisdictional Waters and Wetlands. No federal or state jurisdictional waters are present on the
project site or are expected to be indirectly affected by the proposed project. As shown on Figure 2, a
"Corps of Engineers Non-Jurisdictional Setback Line" is designated at the bottom of the existing pad and
slope, Potential jurisdictional waters/wetlands. may be present within the proposed natural open space '
element of the project.
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Critical Habitat. Proposed, designated, and recent (but vacated) Critical Habitat for the following
species were checked in reference to the project site: threatened and Endangered Vernal Pool species,
Arroyo Toad, California Red-Legged Frog, Coastal California Gnatcatcher, Least Bell's Vireo, and
Southwestern Willow Flycatcher. The site does not lie within such Critical Habitat for any ofthese
species at this time. No constraint is posed.
u
MSHCP. The project site/study area lies within the active Western Riverside County Multiple Species
Habitat Conservation Plan. A Conservation Sunumuy Report Generator for Assessor Parcel Number
378-030-014 indicates the study area lies within Cell 4266 of the Elsinore Sub Unit (SU3) and as such the
project proponent is required to provide habitat assessments for Burrowing Owl, Criteria Area species
{Thread-leaved Brodiaea, Davidson's Saltscale, Parish's Brittlescale; Smooth Tarplant, Round-leaved .
Filaree, Coulter's Goldfields, Little Mousetail), andNarrow Endemic plant species (Munz's Onion, San
Diego Ambrosia, Slender-horned Spineflower, Many-stemmed Dudleya, Spreading Navarretia, California
Orcutt Grass, San MiguefSavory, Hammitt's Clay-Cress, and Wright's Trichocoronis).
The study area provides no potentially suitable habitat for Burrowing Owl as the property has only a few
ground squirrel burrOws and no sign (e.g., individuals, scat, pellets, tracks) of the species was found
present during the site visit. The project site does not provide potentially suitable habitat for any of the
Criteria Area and Narrow Endemic plant species as the site is a graded pad with compacted soils and
ruderal yegetation. The proposed open space element, on the other hand, is judged to provi~e potential
habitat for all but oJ.le of the criteria area species listed 'above (not Round-leaved Filaree) and only tWo of
the nine narrow endemic plants species listed above (i.e., San Diego Ambrosia and Wright's .
Trichocoronis). This is based on a combination of factors including soil type, hydrology,.u.d soil
chemistry (i.e., high alkalinity).
, 1}..
The following infonnation was taken from the MSHCP, V olome' I document and pertains.to the study
area:
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"Conservation within this Cell [4266J will contribute to assembly of Proposed Linkage 2. Conservation
within this Cell will focus on meadow, marsh, riparian scrub, woodland and forest habitat along Collier
Marsh! Alberhill Creek and adjacent grassland habitat. Areas conserVed within this Cell will be connected
to meadow, marsh and grassland habitat proposed for conservation in Cell #4169 to the north.
Conservation within this Cell will range from 30%-40% of the Cell focusing in the western portion of the
Cell." '" .'
As stated previously, the study area is not judged to provide appropriate topography to serve as a corridor
for wildlife but is adjacent to marsh and riparian scrub within the proposed open space portion. R;efer to
Section 5 of recommendations to address MSHCP Constraints. .
4. Potential Constraints to the Project
The presence of any particular special status species or other resource does not legally constrain a project
unless there is an applicable regulation that establishes relevant prohibitions or requirements under those
circumstances.
Some laws protect a given species only under some circumstances, or when some level or particular type
of impact (e.g., "take") is anticipated. Thus for each potential or documented occurrence of a species and
corresponding potential impact as concluded in Section 3, above, we have reviewed the potentially U
applicable legal prohibitions and requirements. The buUeted items below summarize these fmdings,
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listing each potential Constraint along with the relevant resources and regulations. Where the potential
constraint is complex (e.g., conditional), a brief discussion is provided.'
. The potential presence of San Diego Ambrosia, San Jacinto Valley CroWnscale, and
Thread-leaved Brodiaea is a constraint under the federal and/or state Endangered Species
Acts (FESAlCESA) aDd the California Environmental Quality Act (CEQA). Although
there is no potential for direct impacts to these species, there is potential for indirect.
impacts through adjacency to developed lands (e.g., trash, trampling, invasive nonnative
plants).
. The potential presence of Coulter's Saltbush, Smooth Tarplant, Coulter's Goldfields,
DavidsOn's Saltscale, Parish's Brittlescale, Little Mousetail, Prostrate Navarretia, Rayless
Ragwort, and Wright's Trichocoronis within the proposed open.space area is a constraint
to the project under CEQA given the species special status in southern California and the
.', . pOtential for indirect impacts from the proposed development.
. The proposed project lies within the WRC MSHCP Plan area and specifically within
Criteria Cell 4266, a potential conservation area. Under CEQA the project must be in
compliance with active NCCPs and/or HCPs. Appendix D provides a consistency review
of the project as it relates to the conservation objectives and requirements of tIle MSHCP.
: As stated in this report the,,!, is potential for sev~ral of the Critet;ia Area plants and
Narrow Endemic plants to occur within the proposed open space element. There are also
several other resource issues tracked by the MSCHP that pose potential constraints to the
project Section 5 and Appe~dix D provide recommendations to address these issues,
n
. . There is potential nesting habitat for riparian-associated birds (e,g" Western Least
Bittern) along the west boundary of the study area but 'outside of the proposed project site
(Le., development area), This creates a potential constraint to the project under the
federal MigratoryBird Treaty Act (MBT A), California Fish andGame Code, and the
WRC MSHCP. Nest abandonment due to construction'activities is a violation under botIi
laws/regulations and would be out of compliance with the MSCHP, This constraint is
only posed if construction commences between I March and 30 June (Dudek 2003), See
. Section 5 for reconimendations to address this constraint .
No further constraints are anticipated.
5. Project Design Recommendations.
We recommend the following measures to'address potential constraints to the project The full
incorporation of standard, applicable best management practices into the project design has been assumed
for interpretations and judgments provided throughout this report, If some applicable and standard best
management practices are infeasible or otherwise will not be' implemented,' a qualified consulting
biologist should be consulted to evaluate and make alternate recommendations for the potential project
constraints that may result ' .
Recommended Measures
(\
. Plans for water pollution and erosion control (Stormwater Prevention Pollution Plan) will be
prepared and incorporated into the design features of the project by the project proponent. The
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plans will describe sediment ,,:"d hazardous materials control, dewateril1g or diversion structures, .
fueling and equipment management practices, and use of plant material for erosion control. Plans U
will be reviewed and approved by the County of Riverside and the City of Lake Elsinore prior to
construction.
.'
. Sediment and erosion control measures will be implemented until such time soils are determined
to be successfully stabilized. .
. The footprint of disturbance will be minimized to the maximum extent Feasible. Ac~s to sites
will occur on pre-existing access routes to the greatest extent possible.
. Equipment storage, fueling and staging areas will be sited on non-sensitive upland habitat types
with minimal risk of direct discharge into riparian areas or other sensitive areas.
. The limits of disturbance; including the upstream,' downstream and lateral extents, will be clearly
defmed and marked in the field. Monitoring personnel will review the limits of disturbance prior
to initiation of construction activities.
.' During COnstnIctiOD, the placement of equipment outside of the project footprint will be avoided.
. Active construction areas shall be watered regularly to control dust and minimize impacts to
adjacent vegetation.
.. All equip~ent maintenance, staging, and dispensing of fuel, oil, coolant, or any other ioxic
substances shall occur only in designated areas within the proposed grading limits of the project
site, These designated areas shall be clearly marked and located in such a manner as to contain
rnn-off.
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. Waste, dirt, rubble, or trash shall not be deposited outside the project site.
. , , . .,.'
. Timing of construction activities will consider seasonal requ'irements for breeding birds and
migratory non-resident species. Habitat c1earing.will be llvoided during species active breeding
season defined as March I to June 30 under the MSCHP (Dudek 2003). This measure is intended
to avoid potential violation of MBT A and CDFG Code.
. The property lies within a Criteria Area (Cell 4266) of the MSHCP indicating that the property
may have long-term conservation value. The project proponent will be subject to a review under
the HANS (Habitat Assessment and Acquisition Negotiation Strategy) process whereby the City
jointly with the Regional Conservation Authority will assess whether the proposed open space
area has long-term conservation value and if so negotiate with the project proponent incentives iti
exchange for the conveyance of property. Such incentives may include monetary compensation.
Focused surveys within the proposed open space area may be necessary to determine the
. properties full conservation value. Should the County determine that the proposed open space
land is not consistent with the needs of the MSHCP no further constraint is posed to the project
by those plant species covered under the MSHCP (all species except Coulter's Salthush). .
Coulter's Saltbush is a species not covered noder the MSHCP and as such, if present, would need
to be conserved and protected as detailed below or a comparable form of conservation of the
species off-site would be necessary.
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. If the open space element of the property is determined by RCA to lack long-term conservation
value, the project proponent is intending to make a donation of the open space element to a
qualilYing conservation agency, trust or organization who will, maintain the land as natural open
space and ensure the protection of the biological resources within it. If this transaction cannot be
completed, the project proponent will consider alternative means of protecting these lands that are
judged comparable in degree of protection. The protection could be in the form of a legal",
mechanism (e.g., Biological Conservation Easement or Deed Restriction) that restricts human
access (e.g., 6-foot high chain-link fencing) and the planting of invasive nonnative landscaping
(as defined under the MSHc:;P; Dudek 2003) within the proposed development post construction
and thereafter. Qualified stewardship of the land will be necessary to ensure protection ofthe
existing biological resource value. This measure is intended to provide the necessmy protection
of the proposed open space element as it relates to the potential presence of Coulter's Saltbush
and depleted riparian/riverine vegetation cominunities. If a rare plant focused survey determines
that Coulter's Saltbush is absent, no constraint to the project would be posed by this species,
However, the potential for indirect impactsto occur to the depleted natural vegetation
communities within the natural open space element by the development ,would remain.
. The potential presence of nesting birds adjacent t~the developme~t site poses a constraint under ,
MBT A and Fish and Game Code if construction is to occur dUring the breeding season. The
MSCHP (Dudek 2003) defmes the breeding window for birds as I March through 30 June. A
breeding bird survey to determine the presence of nesting birds is not recommended in 'such
habitats as Freshwater ~arsh and Southern Willow Scrub as the survey itself may cause nest
abandonment. Any construction activities within the nesting window should be limited to
equipment producing a noise level of 55 dBH or lower or construction should begin'outside the
nesting window. The vegetation adjacent to the project site, is not potentially suitable for any
'federal or state listed species (e.g., Southwestern Willow Flycatcher, Least Bell's Vireo) but '
common riparian species such as Song Sparrow and Common YelloWthrOat are likely to be
present and breeding. ,
r,;;,\
.
Pleasi. refer to A,ppendix D (MSHCP consistency review) for addition~1 measures that are
,recomineJid~ to ensure compliance with the MSHCP. ' " .
It has been a pleas~ working with Y!lu on this interesting PT?jectand please contact me if you have
questions regarding this report.'
Sincerely,
~.4i2
, ,
,.-,---..
.,
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Tricia A. Campbell
Senior Wildlife Biologist
, "
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attachments
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6. Citations'
U
AOU (American Ornithologists' Union). 1998. Check-list of North American birds. 7th ed.' American
; Ornithologists' Union, Washmgton, DC.
. 2000,' Forty-second supplement to the AmeriCan Ornithologists' Union check-list of North
American birds. Ank 117: 847-858.
. 2002. Forty-third supplement to the American Ornithologists' Union check-list of North
Americanbirds. Auk 119:897-906.
. ,
'.
. 2003. Forty-fourth supplement to the American Ornithologists' Union check-list of North
American birds. Auk 120':923-931. '
Lake Elsinore. 1997. Lake Elsinore, California (7.5-minute topographic map]. Reston, VA: U.S.
Geological Suivey. Color; revised 1978, scale 1:24,000. ' '
[CDFG] California Departmeni of Fish and Game. 2002. California Wildlife Habitat Relationships
System (CWHR),version 8.0 Personal cOmputer prognrm. California Department ofFish and
Game, Sacfll;D'ento, CA. '
",
[CDFG] California Department ofFish and Game. 2003,1. Special Vascular Plants, Bryophytes, and
Lichens List, June 2003. Calif. Dept. ofFish and Game, Sacramento, CA. ' '
I .." .
[CDfG] California Department offish ,!"d Game. 2oo3b. Special.Anirnals List, July 2003, Calif. Dept. U'
ofFish and Game, Sacramento, CA. ,., , .
, ,
,
[CDFG] California Department ofFish and Game. 2004 California Nlltural Div~ity Data Base
(CNDDB). Wi,ldlife Habitat Data Analysis Branch, Habitat Cohservation Division, California
Dept of Fish and Game, Sacramento; CA. Element reports for the .LakeJ;llsinore, California and
immediately surrounding USGS 7.5-rninute quadrangle maps. Data date: Mayl004. '
Collins, J. T., and T. W. Taggart. 2002. Standard Common and Current Scientific }Ijames for North ,
American Amphibians, Turtles, Reptiles, and Crocodilians. Retrieved 01 Janu3l)' 2002 from'
http://www.cnab.org.
[Dudek] Dudek &'Associates. 2003. Western Riverside County Multiple Species Habitat Conservation
Plan. Volumes I - 5. Prepared for the Transportation and Land Management Agency, County of': '
Riverside, California as part of the Riverside County Integrated Project June 2003, currently
available at http://www.rcip.org/conservation.htm. '
Jones, C., R S. Hoffmann, D. W. Rice, R J. Baker, M. D. Engstrom, R D Bradley, D. J. Schmidly, and
C. A. Jones. 1997. Revised Checklist of North American Mammals North of Mexico, 1997.
Occasional Papers, Museum ,of Texas Tech University, Number 173.
Skinner, M. W., and B. M. Pavlik (eds.). 2004. California Native Plant Society's Inventory of Rare and
Endangered Vascular Plants of California. California Native Plant Society Special Pub. No. I
(Volume 6.2, 2003 Electronic Inventory Update). Data date 06 July 2004. Online version
(http://www.northcoast.coml--cnpslcgi-binlcnpslsensinv.cgi) accessed 27 July 2004.
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[Thomas Bros.] Thomas Brothers Maps Design. 2004. The Thomas Guide: 2004: Riverside County
Street Guide and Directory. Thomas Brothers Maps Design, Irvine, CA.
[USFWS] U.S. Fish and Wildlife Service. 2002. Endangered and Threatened Wildlife and Plants;
Review of Species That Are Candidates or Proposed for Listing as Endangered or Threatened;
Annual Notice of Findings on Recycled Petitions; Annual Description of Progress on Listing
Actions. Federal Register 67:40657-40679. 13 June 2002.
,
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Appendix A
Study Area Photographs
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Photo L View of study area from across Collier Avenue looking west.
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Photo 2. Looking northwest onto study area from across Collier Avenue.
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Photo 3. LooJcingnorthwest onto the study area from across Collier Avenue.
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Photo 4. View ofruderal vegetation along east boundary of project site.
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Photo I L View of southwest edge of study area (proposed open space) looking
north/northwest; Southern Willow Scrub on left side andmowed ruderal vegetation
shown in foreground.
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Photo 12. View of natural vegetation along west boundary of proposed open space;
Southern Willow Scrub in foreground on left. .
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Photo 5. Transition between project site and proposed open 'space withiil the study area;
remnant sage scrub species (California Buckwheat) and nideral vegetation shown.
Photo 6. View of alkali seasonal marsh within the proposed open space north and
northwest of the' proposed project site. ' .
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Photo 7. Looking Southeast across.theproject site; mowed ruderal vegetation shown.
Photo 8. Looking southwest across project site; gum trees ~d ruderal vegetation shown .
. . . in foreground; riparian vegetation along west' edge of study area and beyond, shown in
background. . .'
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Photo 9. Looking west from north boundary of proposed p~oject site; ruderalvegetation
shown in foreground; freshwater marsh and seasonal alkali marsh shown in background.'
Photo 10. Looking south along north boundary of proposed project site; remnant sage
scrub species and ruderal vegetation shown.
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Photo II. View of southwest edge of study area (proposed open space) looking
north/northwest; Southern Willow Scrub on left side and mowed ruderal vegetation
shown in foreground.
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Photo 12. View of natural vegetation along west boundary of proposed open space; .
Southern Willow Scrub in foreground on left.
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AGENDA ITEM NO.
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Photo 13. View of Southern Willow Scrub aIongwestboundary of proposed open
space.
Photo 14. Looking toward proposed open space along west boundary from edge of
project site; .willows and Emory's Baccharis shown in background.
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Photo 15. Looking northwest from western portion of project site; note bare ground and
ruderaJ vegetation in foreground.
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Appendix B
. Special Status Species Information U
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TIlls appendix addresses all speCies with applicable special regulatory or management status that
include the project site within their general range and for which grossly appropriate habitat is
present on or near the project site. For each species we include: (I) definitions for the terms used
to describe likelihood of occurrence, (2) a table listing the types of special status considered .
applicable, (3)'codes and corresponding notes which reflect the bases for conclusions regarding
likelihoOd of occurrence, and (4) a table of information for each speCies, listing the English and
scientific names, current special status, likelihood 'of occurrence, imd specific notes relevant to
likelihood or'oci:urrence. Tables Bland B2, 'below, provide explanations of codes used in the
Special Status and CommentS fields of the main table (B3).
Conclusions here are limited to biology;with no reflection of regulatory or management issues.
For interpretation of this information under applicable laws, regulations and cOurt precedent, see
the relevant portion(s) of the report. Judgmeuts regarding likelihood of occurrence are based on
evaluation of iill'available biological information regarding regional and local conditions, species
biology, available evaluations of the project site and vicinity, and professional experience
conducting field investigations across California over many years. Though professional, such
judgments ~ necessarily subjective at least in part. .
. - . . .
Specific factors substantially affect likelihood of occUrrence for individual species on any
particular project site, .These factors are relevant at multiple scales, inciuding regionally, locally,
and within the project site. These factoi's'include the presence or absence of many other .
particular species (e.g., predators, prey), cliinate, ongoing disturbances, historical land use and .
other past disturbances such as fire history, surfaCe and subsurface hydrology, soil texture and
chemistry, project site and habitat size and topology (i.e., shape and fragmentation), past .
population fluctuations of the species in response to random and nonrandom events, and many
. other factors, including many not re3di1y visible. Note that some species; inCluding some .
JIIIlphibians and many birds and bats, can occur in multiple roles. Thus, likelihood of occurrence,
habitat use, and abundaDce may vary accordingly. ' Where multiple codes are given for a species,
underlined codes refer to the likelihOod of occurrence in potentially constrairllng roll;s (e.g.,
breeding, as opposed to inigratiori or dispersal, for ti1at).y state SpeCies of Special Concern birds).
. ... .~ ,
Finally, note that likelihood of occurrence for a given species refers to a time scale of a few years
. " . ,10
up to perhaps ten years under current or assumed resources and conditions.
. ..
TERMS FOR LIKELIHOOD OF OCCURRENCE mlTHE ~R~JECT SITE
, -. .., ,. ..
VERY LOW: Although remotely possible, the probability of occurrence on the project site is
almost none, and .the likelihood of meaningful" uSe is less than reasonable. The species
. ... , ,
may include the 'project site within its general range, however, no appropriate .or
adequately extensive habitat is found (either on or immediately adjacent to the project
site). Neither the species nor any indication of its presence was'detected li1 some cases
this likelihood may indicate that based on the best available information, the project site
has a very high probability of being outside of the species' current range. In all ofthese
cases, the species cannot be. definitively ruied out, but is strongly expected to be absent
based on the best available evidence. 'm some caSes, the species may, occur on rare,
occasions and in very low numbers, but such stray ,individuals are unlikely to make more
than very brief, incidental use of the project site. Certaiilly there are no substantial
populations utiliZing the project site at ally time of year. FUrtherevalilation should not
normally be required. . . " .
LOW: The species is uulikely because of somce combina!ion off acts: (1) it was the subject of .
unsuccessful searches conducted under reasonable circumstances, (2) only marginal or
mininialhabitat is present, (3)theb';st avail~ble informaiion suggests the species is
AGENDA ITEM NO.
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, abse~t from the project site, and/or (4) available information sheds no clear light on the
species likelihood on the project site, but it is known to be rare at best in the vicinity. No
individuals were detected, nor is there any direct indication of them. Although
individuals may have been miss~, it is unlikely that substantial popul~tions are present.
Further evaluation should usually not be required for individual species except, in most
cases, for threatened or endangered species. Note however, that where several non-listed
species hold this status, a much higher likelihood of occurrence for "one or more" will
generally hold. This is due both to the increased numberofspecies"and the fact that an.
array of possibilities often correlates with greater alpha diversity and lower actual
disturbance levels.
MODERATE: The project site is within the range of the species. and appears to contain
appropriate habitat. No individuals or diagnostic sign were detected, it is nevertheless
reasonable that some individuals have been overlooked. The best available information
on the species with regard to the project site is either very uncertain, or is about equally
weighted for and against occurrence. Depending upon iocal and speciallcgal status,
extent of habitat, and the nature and sensitivity of the project, f~used sw:veys for the .
species may IJewarranted or presence may be assumed '
mGH: The project site is known to be within the range of the species, and appears to contain,
habitat with substantial potential for occupancy. Although no individuals or diagnostic
, sign were detected, it is judged likely that it is present to s~me degree, given the best .
available information. Depending upon regulatory status, lOcal rarity, publi9 interest;
extent of habitat on the project site, and the nature of potential project impacts, a
substantial basis may exist for either conducting, focusCd surveys for the species or for
assuming presence.
VERY HIGH: Based on the best available information, the project site is withln the current
range of the sPecies and sufficient very appropriate Or characteristic habitat is present on
or contiguous with the project site for occupancy., Although individuals,and/or diagnostic
sign were not definitely detected at the current time, it is judged to, be very highly likely
'to occur. In some cases the species may be known to have occurred on the project site
historically or in the recent past, with no;c1ear basis t~ assume extirpation since then. In
rare cases, changes offofthe project site (e.g., fire or other disturbance) may provide a
, basis to assume current presence as a result. Although focused surveys forlhis species
would be required to absolutely confum presence or absence, such surveys are judged to
have a very high probability of confirming presence. Without such surveys presence
should generally be assumed. '
ASSUMED ABSENT (NONE): Based on available information, it is judged safe to assume that
the species does not occUr at this time. This determination is based on some combination
of these facts: (I) the projeCt site is clearly outside th~ current range b~ on av:iilable
information, and/or (2) tlie project site does not contain suitable or extensive-enough
habitat (including any adjacent off-project site habitat) to hold the '~peci~~~Furtlier .
evaluation should not be required at this time. " ' ,
ASSUMED PRESENT: The species' project site' status is not knoWn with certainty and as a
practical matter it is judged preferable to simply assume that the species is currently ,
present at some level. In some cases this'may IX: due to the degree of effort required to
confirm the species' definitive presence or absence on the projeCt site; making such effort
impractical or not cost effective. In other cases there IlIaY be no developed or available
survey' method that will provide the necessary level of confidence withont potential
impacts to the species, should it be present.' " . . , '
CONFIRMED ABSENT (NONE): Confirmed to be absent on the project site as a practical
matter. Most often, this is a determination based on negative results of a focused survey
for the species conducted in appropriatehabi~t at appropriate time(s) of year, using "
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biologically sound methods;md qllllIifitxl personnel. In'the remainfug cases, it may be
based on a simple project site exammation, for speCies and project site cOntexts where it
is easily determined that the species is absent; for example, a tidal marsh insect and a dry
mountainside project site, or a disturbance-intolerant ch8parral shrub where the project
site is a long-s,tanding,degraded grassland far from chaparra, L The relevant fie, Id work
was also in all cases conducted within a time frame sufficiently recent to conclude that
the species remains abSent, based on project site cbnditions and.the species' known
ecology. Inmost cases II specific, established survey protocol ;md/dr guidelines have
been followed. ' ,
- . CONFIRMED PRESENT:Confim1tx1 present by a'qUalified biologist or other highly reliable
. source and there is no specific c:videneethat the species is now absent. Depending on the
species ;md other information availabl", it mayor may not bepossible to determine what
portions of the project site are cur:rently muse without further studies. .
..INDETERMINATE: There is insufficient basis for any sound judgment regarding the species'
likelihood of occurrence on the project site.' This may be the resllItOr a lack of available
information on the species distribution and/or habitat requirements (at least in the general
area of the project site), a lack of information on the relevant resources present at the
project site, or a result ofconflictfug information, such as a combirultion of historical .
occupancy prior to substantial changes in the species' distribution orproject site'
conditions, along with a lack or relevant shortage of current data froin the project site
and/or vicinity. In some cases, project site evaluation at other times of year, other,times
of day, or under other conditions may be needed, o~ a highly specialized survey method
may be necessary. .' . . . .
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Table B1. Status Code Exolanations
Status code Explanation
FE Federally Endangered
IT Federally Threatened , '"..)
FPE Federally proposed Endangered
FC Federal Candidate species. .
EPA Covered under the Federal "Bald and Golden Eagle Protection Act" .
SE State Endangered
State Threatened .
ST
SSC State Species of Special Concern
CFP California Fully Protected species "
CSP California Specially Protected species . -,,"
CNDDB Tracked by the California Department ofFish and Game "Natural Diversity Data Base", but with no other
snecial rel!Ulatorv or manaeement status ' .
IB CNPS List I B plant ("PlantS rare, threatened or endangered in California and elsewhere").
2 CNPS List 2 plant ("Plants rare, threatened or endangered in California, but more common elsewhere") .
. '.' "
3 . CNPS List 3 plant ("We need more information about this plant") ,.
MSHCP Covered species adequately conserved by the Westerri Riverside Multiple Species Habitat Conservation Plan
MSHCP(a) Covered species adequately conserved by the Western Riverside Multiple Species Habitat Conservation Plan
but for which survevs rnav be rpnuired as Dart of wetlands maDDine.
MSHCP~) Covered species adequately conserved by the Western Riverside Multiple Species Habitat Conservation Plan
but for which survevs mav be reouired within the Narrow Endemic PlantSnecies survey area.
MSHCP(c) Covered species adequately conserved by the Western Riverside Multiple Species Habitat Conservation Plan ~
but for which survevs rnav.be reouiredwithin locations shown on survev maDs.
MSHCP(d) Covered species adequately conserved by the Western Riverside Multiple Species Habitat Conservation Plan
but for which survev< rnav be retluired .within Criteria Area. ,
MSHCP(e) These covered species will be considered to be covered species adequately conserved by the Western
Riverside Multiple Species Habitat Conservation Plan when conservation requirements identified in species-
soecific conservation ob;ectives have been met. Soecies-sDecific conservation objectives for these soecies.
MSHCP(t) These covered species will be considered to be covered species adequately conserved by the Western
Riverside Multiple Species Habitat Conservation Plan when a Memorandum of Understanding is executed
with the Forest Service Land.
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Table 82. Comments Codes Ex lanations
G
L
E
H
R
D
uppercase VB.
lowercase
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Explanation
Not within the currently known geographic distribution (may include well-estabiished "holes" or gaps in the
distribntion . . . .
Potential habiiat is of very l<imited extent relative to species requirements and .( I) the species is known to
occupy only a'fraction of all apparently suitable habitat (at least in the general site area), andIor(2) the
ecies is known to be rare in otherwise suitable ' alChes of habitat which are small andlor isolated.
Elevation ran e ~ well outside the known. Elevation ran e of the s. ies.
HYdrology features "l'pear well Outside the range of tolerance for'the species. This may include some
combination ofrainfull, flooding, ponding, ground water, soil permCability and water retention, water
haIance and microclimate moisture availabili e.., shaded draina e, seasonal fo e trans ir3tion.
Critical Resources (habitat reatures) other than hydrology are absent Or outside the range of requirements. As
examples: all potentially used vegetation communities are absent, soil condition requirements (e.g., salinity)
are nomet, andIorthe site area lacks . uired host /ants or h' 'ca\ sites ire' or roostin areas.
Specific past or current ,l!islUl"bance (direct or indirect) is anticipated to make the species' presence currently
unreasonable. The source can he natural or anthrOpogenic, and may render the site unsuitable either
rmanentl or until natural recov occurs over at least several e. ., due to fire or flood .
Uppercase codes indicate the mctor appealllto preclnde reasonable potential for occurrence, while lowercase
use indicates a substantially "negativefuctor" tltat appears to weigh against but not role out presence. For
example, an elevntion slightly outside the known range would he "e". Several "negative mctors" in
. combination ma be .conclnded as sufficient to rule out a reasonable tential for occurrence.
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AGENDA ITEM NO. - ?--:t.
PAGE lO?> Of r IS
,
. Appendix C
Floral and Faunal List: Observed Species. U
UI
. ,
,
,
U
AGENDA ITEM NO. ~~
PAGE-10" OF lIe;
FLORAL LIST: OBSERvED SPECIES I
n INTRODUCTION ,,'
, . Flora encountered during the site visit were recorded. . Floral taxonomy and scientific nomenclature used in this report follow
that of Hickman (1993) except for more recent changes in Skinner and Pavlik (2004). Alternate scientific nomenclature is
sometimes given in parentheses where older names are s,till established or controversy may exist. Where the specific epithet
(second part of a scientific name) is listed in parentheses, 'the identity is certain at the genus level but only probable at the
specific level. . ,
ENGLISH NAMES
There is currently no si!1gle, published, standard for English plant names (also called "commonu, "colloquialu or "vernacularu ,
names). English names given for species and families are capitalized here to cIarii}' their intended use as standardized, ,
idiomatic proper names and not as deseripto'rs. For English names we generally follow (in preferential order as available)
Skinner and Pavlik (2004), Hickman (1993);the CalFIora Database project Ihtto:llwww.calflora.onifl.or Abrams (1923-
1960). '.' ,
STATUS
o A portion of the scientific name in parentheseS' indicates probable but not certain identity to that level
· Nonnative (follows the symbology chosen by the cited taxonomic sources)
ANGIOSPERMS: DICOTS
Amaranthaceae - Amaranth Familv
· Amaranthus albus
White Amaranth (~Tumbleweed) ,
Brassicaceae - Mustard Familv
· Capsella bursa-pastoris
Shepherd's-Purse
. Hirsclifeldia incana [=Brassica geniculata)
Short-pod Mustard
· Sisymbrium sp.
mustard
Asteraceae - Sunflower Familv
Ambrosia psilostachya
n . Western Ragweed
BacCharis emoryi
Emory's Baccharis
* Centaurea melitensis
TocaIote
Conyza canadensis
Common Horseweed
Ericameria sp.
goldenbush
He/iamhus annuus
Common Sunflower
Heterotheca grandiflora
Telegraph Plant
· Lactuca serriola
Prickly Lettuce
Lessingia fiJaginifolia [=Corethrogyne II
Cndweed Aster
· Sonchus oleraceus
Common Sow Thistle
Chenooodiac....e - Goosefoot Familv
· Atriplex sC(flibaccata
Austr'llian Saltbush
Chenopodium sp.
goosefoot
· Salsola tragus
Russian-thistle (=Tumbleweed)
.
Convolvnlaceae - Mornin,,-Glorv Familv
Cressa truxil/ensis
Alkali Plant
EUDhorbiaceae - Sour"e Familv
Eremocarpus setigerus
Turkey Mnllein (=Doveweed)
* Ricinus communis
Castor-Bean
Boral!lnaceae - Bor8l!e Familv
Amsinckia menziesli
Menzies' Fiddleneck
Fabaceae - Pea Familv
Lotus scoparius
Deerweed (=California Broom)
~ This is not intended as an, exhaustive listing of the vegetation occurring on the site; some annual heros or very uncommon species
I nay not have been detected during the field survey. .
AGENDA ITEM NO. ,;;l.d-. ,
PAGE...J oS OF II S
Geraniaceae - Gerani~m Familv
* Erodium cicutarium
Red-stemmed Filaree
Tamaricaceae - Tamarisk Familv
* Tamarixsp.
tamarisk
Lamiaceae - Mint Fa'milv
Tril:hostema Ianceo/atum
Vinegar Plant (~Vinegarweed)
ANGIOSPERMS: MONOCOTS.
u
Mvrtaceae ~ Mvrtle Familv
* Eucalyptus 81'.
gumlree
" CVDeraceae - Sed2'e Familv.
ScirpuS 81'.
bulrush
.
Poaceae - Grass Familv
* Avena sp.
oat
Bromus diandrus [~B. rigidus)
. Ripgut Brome
. ., Bromus hordeaceus [~B. mollis)
Soft Chess
Bromus madritensis
Spanish Brome
Hordeum murinum .
. Glaucous Foxt3il Barley
Distich/is spicata
Salt Grass
Po/ypogon monspeliensis
Annual Beard Grass (~Rabbit's Foot Grass)
Vu/pia myuros
Rat-tail Fescue
Polvl!onaceae - Buckwheat Familv
Eriogonum 81'.-
buckwheat
Eriogonum fascicUJatum
California Buckwheat
* Rumex crispus
Curly Dock
-.
'~" *
SaHcaceae - Willow Familv
Sa/ix lasio/epis
Arroyo Willow
!
.
u
,
,
,
1-\
; ,
)- - i
u
.-~"'~T-.",F .
AGENDA ITEM NO.
PAGE Job
::l:l
OF _/IS
.t:'J
VERTEBRATE FAUNAL LIST: OBSERVED SPECIES
("\INTRODUCTION " .
. Taxonomy and nomenclature for the higher level taxa (kingdoms through classes) follow Raven and lohnson (1996). For
lower taxonomic leveb, taxonomy, scientific nomenclature and English names (also called "common", "colloquial" or
"vernacular" names) follow Collins and Taggart (2002) for native herpetiles (amphibians, reptiles, and relatives), AOU (1998)
and supplements (AOU 2000, 2002,2003) for birds, and lones et al (1997) for mammals. Subspecies taxonomy and
nomenclatUre for birds follow AOU (1957) as updated by Browning (1990).
English names are capitalized following most published nomenclatural lists to clarifY their intended use as proper standardized,
idiomatic proper names and not as descriptors
BIOLOGICAL STATUS
o A portion of tIW scientific name in parentheses indicates probable but not certain identity to that level
* Nonnative
CLASS REPTILIA - REPTILES
Colubridae - Colnbrid Snake Familv
Pituophis coteniferI= P. melanoleucus]
Gopher Snake
CLASS AYES - BIRDS
Ardeidae - Heron Familv
Nycticorax nycticorax
Black-<:rowoed Night-Heron
0Catbartidae - New World Vnltnre Familv
Cathartes aura
Turkey Vulture
Tro~odvtidae-WrenFamilv
Cistothorus palustris
MarSh Wren
Stnrnidae - Starlin!! Familv
· Stumus vulgaris
E'l'"opean Starling
Aecioitridae - Hawk Familv
Buteo jamaicensis
Red-tailed Hawk
,
Parulidae - Wood-Warbler Familv
Geoth/ypis trichas
Common Yellowthroat
CharadrUdae - Plover Familv
Charadrius vociferus
Killdeer
Emberizidae - Snarrow Familv
Pipilo maculatus
Spotted Towhee
Columbidae - Pi!!eon and Dove Familv
Zenaida macroura
Mourning Dove
Cardinalidae - Grosbeak and Buntin!! Familv
Passerina caerulea
Blue Grosbeak
Trochilidae - HnmmiDl!bird Familv
Co/ypte anna
Anna's Hummingbird
leteridae - Blackbird. Cowbird and Oriole Familv
Agelaius phoeniceus
Red-winged Blackbird
Euphagus cyanocephalus
Brewer's Blackbird
Molothrus ater
Brown-headed Cowbird
Tvrannldae - Tvrant Flveatcher Familv
Sayomis nigricans
Black Phoebe
(\
Corvidae - Jav and Crow Familv
Corvus brachyrhynchos
American Crow
FriniJillidae - Finch Familv
Corpodacus mexican us
House Finch
AGENDA ITEM NO. do a
.... PAGE.....ro70F~
CardueIis Inslis.
American Goldfinch
CLASS MAMMALlA - MAMMALS
Sciuridae ~ SouirreIFam1lv 0
Spermophilus heechey; 0
Califoruia Ground SquUrelo
Geomvidae - Pocket Gopher Fahlily 0
11wmomys hotl8e 0 0 0 0 0 0
Botta's Pocket Gopher (=Valley Pocket Gopher)
Cauidae - Cauid Family
· Canis familiaris
Domestic Dog (=Feral Dog)
i't~:~'(~ A;,3;:;~\.;.~:
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AGENDA ITEM NO.
PAGE I~
~~
OF ItS
'U
U
U
': Appendix D
(', -Western' RiVerside County Multiple Species
Habitat Conservation Plan:
Consistency Review
i .
n
,
,
,
(',
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PAGE , IS OF lIS
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
SUBJECT:
CREA ~ION OF A NEW M-3 "MINERAL RESOURCES
AND RELATED MANUFACTURING" ZONING DISTRICT.
P:\M~3-Zoning Code Update\CC Staff Report M~3 zone.doc
.. Adoption of Chapter -17.61 "M-3-Minera1 Resources and' Related
Manufacturing" District. ' , :J .
,,' . .,
At their regular meeting of April 19, 2005' the P]aniJ.ing Coimnission adopted
Resolution No. 2005-46 n::conimending tothe CityCouriCiI adoption of Chapter 17.61
"M-3 Mineral Resources and Related Manufacturing" District.
Generally, the Planning Commission had no questions of staff regarding the proposed
project and staff report. Items of discussion at the Planning Commission meeting were
relatively minor, as this item is only a reclassification of the previously adopted zoning
code.
There is no fiscal impact related to the adoption ofthis proposed Chapter for the Lake
n Elsinore Municipal Code (LEMC).
FROM: 1
. J ~
ROBERT A. BRADY, CITY MANAGER
. ,'."
DATE:
MAY 10, 2005
\
APPLICANT:
City Of Lake Elsinore
REQUEST
BACKGROUND
; "
,
,"iil.' .
DISCUSSION
FISCAL IMPACT
AGENDA ITEM NO. ;)~
PACE-L-Ol' J B
REPORT TO CITY COUNCIL
MAY 10, 2005
PAGE 2 of2
RECOMMENDATION
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The Planning Commission recommends that the City Council adopt Ordinance No.
2005-_ adopting Chapter 17.61 "M-3 Mineral Resources and Related'
Manufacturing" District based on the Planning Commission Findings, Conditions of
Approval and Exhibits. .
PREPARED BY: ROLFE M. PREISENDANZ, PLANNING MANAGER ','
APPROVED FOR
AGENDA BY:
ATTACHMENTS
u
;1. '~City Council Ordinance adopting the "M~3'''Mineral Resources and
Related Manufacturing District.
2. Minutes for the April 19, 2005 Planning Commission Meeting. .
3. Staff Report and Planning Commission Resolutions for the April 19, 2005
, Planning Commission M~eting. ,_. if ' ,
4. ' . Chapter 1,7.61 "M~3 Mineral Res()urces and Related. Manufacturing
District". "0."
"..'
:"'; .
,'" ~
- ,
,
P:\M-3 Zoning Code Update\CC Staff Report M-3 zone.doc
ACENDA ITEM NO.
PAGe z..
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01-5
OF 18
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ORDINANCE NO. 2005-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING THE
ADOPTION OF A NEW "M-3"MINERAL RESOURCES
AND RELATED MANUFACTURING DISTRICT" AND
AMENDING THE.: CITY OF LAKE . ELSINORE
MUNICIPAL CODE BY ADDING CHi\PTER 17.61:
WHEREAS, the City of Lake Elsinore desires to initiate a pr~j~ct co~sisting: of updating
the City's current Municipal Code (Title 17, LEMC, updated asofOctober, 2000) to include a
new "M-3" Mineral Resources and Related Manufacturing District; and
, . .
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regul~ meeting
held on April 19, 2005 made its report upon the desirability of the proposed project and made its
recommendation in favor of the new. "M-3" Mineral Resources. and ,Related Manufacturing
District Zoning District by' adopting Pjannirig Commission Re~olution No. 2005-46
recommending to the City Council approval of a new "M-3" Mineral Resources and Related
Manufacturing District Zoning District; and ' '. , . ' . . . .
WHEREAS; this City Council 'certifies that this project qualifies for a California
Environmental Quality Act (CEQA) exemption, as there are no reasonably foreseeable
consequences of the proposed approvaL Additionally, the project will not have a significant
effect on the environment and is consistent with the City's adopted General Plan and Zoning
Code; 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 May 10, 2005.
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HERBY
ORDAIN as follows:
,
SECTION 1. The CitY Council finds and determines that this "M-3" Mineral Resources
and Related Manufacturing District is consistent with the Lake Elsinore Municipal Code
(LEMC), the Lake Elsinore General Plan, and that this action is exempt from the requirements of
the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section
21065, and CEQA Guidelines Section 15060(c) (2) and 15061(b) (3). In accordance with CEQA
Guidelines Section 15062, a Notice of Exemption will be filed with the County Clerk for this
action.
. ,
SECTION 2. That in accordance with Title 17 of the Lake Elsinore Municip~1 Code
(LEMC), the State Plaruring and Zoning Law and the City of Lake Elsinore the following
findings for the approval of a new "M-3" District have been made:
AGENDA ITEM NO.
PACE 3
';'<3
OF 18
CITY COUNCIL ORDINANCE
"M-3" ZONING DISTRICT
PAGE TWO
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FINDINGS-MUNICIPAL CODE UPDATE
1. This new M-3 ordinance is proposed to provide opportunities for new mining and related
land uses in order to encourage economic growth in the community by providing new
jobs, new incomes' and scarce mined material required for development of new housing
products and the like businesses.
2. No specific application of the M-3 zone is currently contemplated with the Resolution.
3. The new M-3 zone is consistent with the Lake Elsinore General Plan and planning
concepts for mining related uses both inside and outside. the City's incorporated
boundaries.
SECTION 3. 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 10th day of May,
2005, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
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ABSENT: COUNCILMEMBERS:
,
., . ,
ABSTAIN: COuNCILMEMBERS:
Robert Magee, Mayor
City of Lake I2lsinore
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
(SEAL)
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AGENDA ITEM NO.
PACE 4
dS
OF I B
PAGE 2 - PLANNING CDMMISSIONMINUTES - April 19,2005
('1
2.
Minor Design Review of a Single Family Residence located at 408 Franklin Street
NSENT CALENDAR CONTINUED
MOVED BY GONZALES, SECONDED BY LARIMER AND .
PASSED BY A VOTE OF 3-0 TO APPROVE THE
CONSENT CALENDAR AS PRESENTED.
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3.
OlairmanLaPere opene e Public He~ring at 6:05p.m.
Gty Manager Brady provide a brief overview of the proposed project and requested Associate
Planner Comy review the prop ed project with the pIalming Commission and answer questions. .
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Associate Planner CoUry indicate that due to Unforeseen ciicumstances; the applicant and staff
requested to continue the item to th y 3'd Pl~g Commission meeting.
R, SECONDED BY GONBZALES. AND
PASSED BY A VOTE F 3-0 TO CONTINUE ITEM NO.3, SIGN
PROGRAM NO. 200 1 AND VARIANCE NO. 2005-02 TO THE
PLANNING COMMISSI MEETING ONl\fAY 3,2005.
There being no further business, Olairman LaPe losed the Public Hearing at 6:06 p.m.
4. Creation of a New M-3 Zoning District
Olairman LaPere opened the Public Hearing at 6:06 pm.
Gty Manager Brady provided a brief ov~rview of the proposed project and i:equested Planning
Manager Preisendanz review the project with the Planning Commission and answer questions.
,'Ii
Planning Manager Preisendanz indicated that the Gty was initiating a new chapter in the Municipal
Code titled M-3 Mineral Resources and Related Manufacturing District. He noted that the new
zoning would regulate large scale mining operations. He rioted that the proposed code was
emulated after the County of Riverside's Mining Ordinance. He further noted that the intent was to
establish a new section of the Municipal and not to change the zoning of any property. He noted
Deputy Gty Attorney Miles' involvement in the project.
Olairman LaPere clarified the owner of the property to be affected by the change in designation.
n
AGENDA ITEM NO.
PAGE 5
,;)3
OF /8
PAGE 3 - PLANNING CDMMISSIONMINUIES - April 19, 2005
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Ken Benson, Gtstle & Cooke, 17600 Collier Ave. noted that the p~ject was consistent with the
annexation intention of Pacific Oay.
, ,
Conunissioner Gonzales clarified the intent of the rone change and the location of the affected area.
He further clarified as to the distance between the affected area and any homes.
Deputy City Attorney Miles indicated that the reason the item was brought before the Planning
Conunission, is the requirement of a legislative action by the Conunission to enact a new zone. He
noted that the property within the new zone did not have any applications pending. He further
noted the potential for parcels to be annexed into the city in the future.
Conunissioner Larimer stated that she had no questions.
Chainnan LaPere noted his support for the zone change.. He further noted ,Conunissioner,O'Neal's,
support for the zone change.
There being no further business, Chainnan LaPe~ closed the Public Hearing at:6:12 pm.',
MOVED, BY GONZALES, SECDNDED BY LARIMER AND
PASSED BY A VOTE OF 3-0 TO APPROVE RESOLUTION
NO. 2005-46, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA RECOMMENDING TO THE ,CITY
COUNCIL OF THE CITY OF LAKE ELSINORE . THE
COMMENCEMENT OF PROCEDINGS TO. AMEND THE
CITY'S ZONING CODE TO INCLUDE "M-3" ZONING
'DISTRICT.
u
si n Review No. 2005-03 located within Vestin
No. 28214-
5.
Cty Manager Brady provided a brie ' w of the proposed project and requested that Associate
Planner Coury review the item with the Co . and answer questions.
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Associate Planner Coury provided an overview of the proJe
complex and landscaping. . .
tion, Ionizes, the model home .
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AGENDA ITEM NO.
PACE c:,
~3
OF I g
'J:
("'I
QtyriLake Elsinore
P/anningDillision
130S.MaDStroet
Ltke Ekioo~ CA 92530
(909)67+3124
(909) 4n-1,m fax
PLANNING COMMISSION
STAFF REPORT
DATE:
APril 19, 2002 ;
,,',
TO:
). - ,
. . Chairman and Members of the Planning Commission
. fu,b~rt A Brady, Oty Manager'
'~If~ P~isendaDz, Pianniiig Manager
FROM:
P~PARED BY:
PROJECT TITLE:
APPLICANT:
Oeation of a New M-3 Zoning District
Oty of Lake Elsinore, 130 S. Main St., Lake Elsinore, Ca. 92530
(\
PROJECT REQUEST "
,.
,.
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f'. ;,,-" ',., ' .
Request that the Planning O:>mmisslon approve the adoption of a new "M~3 Mineral Resources and
Related Manufacturing~ District ,
" .
PROJECT qESCRIPTION .
,,-'
'1'-;
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The project consists of updating the Oty's current' Municipal O:>de (Title ,17, LEMq to include a
new "(M-3) Mineral ResourCes and Related ManUfacturing" District, The intent of the proposed
"M-3" District is to reserve appropriate locations consistent with the Genei-aI Plan to accommodate .
a full range of mineral resource extracti9nsand related manufacturing activities (mining) in order to
strengthen the Oty's economic base, to increase employment opportunities and to accommodate
future annexations of mining or mined property. . Furthermore, establishment of an "M: r District
will assist in facilitating an industrial district identity within the Oty limits consistent with activities..
currently located within the greater T emescal Valley area. .
Locations in the Oty of Lake Elsinore for the' new "M-3~ District may ha~e land use operational
characteristics, activities and features that make the .new ~M-3" District's siting relative to less
intensive residential uses or highly visible areas. of the. Oty inappropriate. In the event that a .
propOsed "M-3" zoned land use feawres a nuisance, poses a threat to public health or safety, or
cannot be mitigated when dealing with noise or traffic and the like, such new "M-3" uses shall not
be permined. The "M-3" District includes appropriate development criteria to assure a quality of
appearance of all structures, uses and operations from public rights-of-way in order to encourage the
long term viability of the "M-3" District, as well as auracting desirable economic users that can
ACENDA ITEM NO.
PACE 7
~3
OF 18
PLANNING'COMMISSION STAFF REPORT
APRIL 19, 2005
PAGE 2of4
PROJECT TITLE: CREATION OF A NEWM-3 ZONING DISTRICT
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benefit the Gty of Lake Elsinore community, .. This ordinance also contains the appropriate
standards and criteria to ensure public health and safety for those living nearby the new "M-3" zone:
BACKGROUND
"
Gm-ently the Gty Zoning Code identifies an "Ml Limited Manufacturing District" and "M-2
General Manufacturing District". The creation of anew "M-3 Mineral'Resources and related
Manufacturing District provides a new opportunity for land uses, not currently permitted in the Gty,
of Lake Elsinore. The new "M-3" zoned land uses for mineral extraction, mining and related
production (POllety, piping, sand! gravel, etc.), will pro,!,ide an opportunity for these types of land
uses that may be annexed into tlie Gir in the future or may be developed on land currently existing
within the Gty limits. Considering this, the Planning Commission must adopt Resolution No. 2005-
'_ recommending to the Gty Council adoption of the new "M-3" zoning designation. Further
any proposed designation of the new "M-3" zone on the Gty's zoning,map would be reviewed and
analyzed by staff and would be subject to me' consideration of the Plinning Commission and Gty
Council.
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DISCUSSION
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The Gty seeks to establish a zone that is consistent with the General Plan to accommodate mineral
res(:>urce extraction and related manufacturing. Gm-ently, the Gty permits mirjeral resource U
extraction and related manufacturing land uses within its "M-2" zoning designation upon receipt of
a Conditional Use Permit and a County of Riverside Ordinance No. 555 permit.
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The creation of an "M-3" District will allow the Gty to continue to authorize mineral resource
extraction and related manufacturing uses within its jurisdiction. However, the adoption of this
administrative action will provide the Gty with the opportunity to improve zoning restrictions and '
development standards to better address issues <;:ommonly related to this high intensity land use.
Moreover, the "M-3" zoning designation will provide a more efficient 'and effective planning tool
for compliance with permitted mineral resource and manufacturing uses. '
To better serve a rapidly growing region, mineral resource development and manufacturing
processes will provide an important economic and employment base. An "M-3" District cim
function as an anractive revenue generating alternative to an Open Space District. Further, future
annexations may require an "M-3" zoning designati6n:
The proposed "M-3" ordinance is different from the Gty's existing "M-l" and "M-2" code in that it
provides opportunities to create new more intensive mining related manufacturing land uses that are
not allowed iIi,the Oty's "M-l" and "M-2" zone. The new "M-3" code provides the regulations to
avoid negative land use adjacency issues such as noise, light, glare and duSt associated with the new' ,
uses outlined below:' ' '
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ACENDA ITEM NO.
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PLANNING COMMISSION STAFF REPORT
APRIL 19,2005
PAGE 3of4
PROJECT TITLE: '. CREATION OFA NEWM-3 ZONING DISTRICT
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A Mining, quarrying, excavating, beneficiating, concentrating, processing, and stockpiling of
rock, sand, gravel, decomposed granite, clay, gypswn, limestone metallic ores, and similar
materials, and the rehabilitation of the resulting excavations.
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B. &'ck crushing ,plants, aggregate washing, screening and drying faciliries and equipment, and
.. concrete and or asphalt batch plants. : .
C Ore reduction plants, and specialty plants for' processing . mineral products; the
manufacturing of block, pipe, tile, pottery, brickS, cement, plaster, and asphaltic concrete;
and the recycling of broken concrete and asphalt, provided that such plants and
manufacturing operations observe a minimum setback of 300 feet from any zone, other than
the "M-3", "M-2", or "M-l" Districts. .
G.u:rent "M-l" and "M-2" land uses will be pennitted in the.,"M-3" zone subject to regulations
found in the Gty's existing codes. Examples of such existing pennitted Us,es in the Gty's "M-l" and
"M-2" zones are:
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A "M-l Limited Manufacturing District"
. Die and pattern making
. Electroplating ",
. Machine shops
. Lawn mower, repair shops '
. Sheet metal 'shops
. Soils engineering and testing firms
. Upholstering shops
. Veterinary clinics
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B. "M-2 General Manufacturing District"
. All uses in "M-l" Districts
. Bottling plants
. Box factories
. Can and metal container manufacture
. Canvas products manufacture
. Glass and glass products manufacture
. Machinery manufacture
. Mobile home and recreational vehicle manufacture and assembly
. Paint manufacture
. Paper products manufacture
. Photographic processing
. TIre re-treading and recapping
P:\M-3 Zoning Code Update \PC Staff Report.doc
~CENDA ITEM NO.
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PLANNING COMMISSION STAFF REPORT
APRIL 19, 2005
PAGE 4of4
PROJECT TITLE: . CREATION OF A NEW M-3 ZONING DISTRICT: '
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ENVIRONMENTAL .
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The project qualifies for a California Environmental Quality Act (CEQA) exemption, as there are no
direct physical changes or reasonably foreseeable indirect physical consequences of the proposed
approval. It can be seen with certainty that the project will not have a significant effect on the
environment and is consistent with the Gty's adopted General Plan. In accordance with Public
Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) the
project is exempt from CEQA and in accordance with CEQA Guidelines Section 15062, a Notice of
Exemption will be filed with the County Gerk.
RECOMMENDATION
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It is recommended that the Planning Commission adopt Resolution No. 2005- ~ recommending
Gty Council adoption of Olapter 17.61 ~M-3 Mineral Resources and Related Manufacturing"
District.
FINDINGS
Prepared by:
Approved by:
ROLFE M PREISENDANZ, PLANNING MANAGER
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ROBERT ABRADy,AIa>,a!y~ANAGER
AITACHMENIS
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ACENDA ITEM NO. ;;? 3 .
PAce 10 OF 18
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RESOLUTION NO. 2005- 46 '
A RESOLUTION OF, THE PLANNING COMMISSION OF"
THE CITY OE LAKE ELSINORE, CALIFORNIA
RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE THE COMMENCEMENT OF
PROCEDINGS TO AMEND THE CITY'S ZONING CODE
TO INCLUDE "M-3" ZONING DISTRICT
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WHEREAS, the City of Lake Elsinore desires to initiate a project consisting of updating
the City's current zoning code (Title 17, LEMC, updated as of October, 2000) to include a new
"M-3" District. The Intent of the "M"3" District is to reserve appropriate locations consistent
with the General Plan to accomniodate a full raiIge of mineral resource extraction and related
manufacturing in order to strengthen the City's economic base imd t6 increase employment
opportunities. Locations for the "M-3" District may have operational characteristics or features
that make their location near less intensive uses or highly visible areas of the City inappropriate.
However, uses which have nuisance features that cannot be mitigated or which pose a threat to
public health or safety shall not be permitted:' The' "Me3" District includes appropriate
development criteria to assure a quality of appearance .of all structures and uses from public
rights-of-way and provides appropriate public safetyand health regulations in order to encourage
the long term viability of the District as well as.!oattract desirable users; and
WHEREAS, the reasons for the proposed "Me3" District is as follows: The City seeks to
establish a zone that is consistent with the General Plan that will accommodate mineral resource
extraction and related manufacturing. ,Currently the City only allows a,' limited type of mining
land use within its ','M-2" zoning designation with the Conditional Use Permit and a County of
Riverside Ordinance No. 555 'permit. The creation. of an "M~3" District will allow the City to
continue to authorize and expand where appropriate mineral resource, extraction and related
manufacturing within its jurisdiction. Consequently, this administrative action provides the City
the opportunity to improve the zoning restrictions and development standards to better address
issues commonly related with this high intensity industrial and mining land use; and
WHEREAS, this Planning Commission certifies that: This project qualifies for a
California Environmental Quality Act (CEQA) exemption, as there' are no reasonably foreseeable
consequences of the proposed approval. The project will not have a significant effect on the
environment and is consistent with the City's adopted General Plan and Zoning Code; and
1. Per CEQA guideline 15062(a), file a notice of exemption with the State
Clearinghouse.
WHEREAS, notice was duly given of the public hearing on establishing this new M-3
zone through a newspaper of, general circulation and posting of the Planning Commission
hearing was made at City Hall and other appropriate and authorized public notice areas.
1. The Planning comiriis~io~ proc'eedings were commenced by City Staff
recommendations to the Planning commission for approval.
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2. This new M-3 ordinance is proposed to provide opportunities for new mining
and related land uses in order to encourage economic growth in the community by
providing new jobs, new incomes and scarce mined material required for
development of new housing products and the like businesses.
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3. No specific application of the M-3zone is currently contemplated with the
Resolution.
4. The new M-3 zone is consistent with the General Planned concepts for mining
related uses both inside and outside the City's incorporated boundaries.
,5. Application of this new M-3 zone will be done on a case, by case basis by prl?-
zoning or zoning a specific parcel(s) of land that have been reviewed pursuant to
appropriate City regulations. "
NOW, THEREFORE, BE IT RESOL vIm AS FOLLOWS:
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'I. The foregoing recitals are true and correct.
2. The M-3 Ordinance was properly published for public hearing. '
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3. The Planning commission does hereby' approve and recormi1end to the Lake
Elsinore City Council for approval the update to Title 17, LEMC adopting the
, new M-3 ordinance: '
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NOW, THEREFORE, based on the above findings, the Planning Commission of
the'City of Lake Elsinore DOES HEREBY RECOMMEND on this 19th day of April 2005 at a
regular meeting of the Planning Commissiori of the City .of Lalce Elsinore to the City of Lake
Elsinore City Council, the adoption of the "M-3'; Zoning District.
AYES:
LAPERE, GONZALES, LARIMER
NOES:
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ABSENT:, O.'NEAL _ '
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Ron LaPere, Chairman
City of Lake Elsinore Planning, Commission
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ACENDA ITEM NO. ~ 3
PACE /2. OF /8
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ATTEST:
Robert A. Brady, , .
Secretary to the Planning Commission
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OTY OF LAKE ELSINORE
ZONING CODE
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CHAPTER 17.61
"M-3 MINERAL RESOURCES AND RELATED MANUFACfURING DISTRIcr'
SECTIONS:
Section 17.61.010 Purpose
Section 17.61.020 Permitted Uses without a Mining or Conditional Use Permit
Section 17.61.030 Uses Subject to a Surface Mining Permit
Section 17.61.040 Uses Subject to a Conditional Use Permit
Section 17.61.050 Accessory Uses
Section 17.61.060 Minimum Area
Section 17.61.070 Development Standards
Section 17.61.080 Special Development and Landscape Improvement Standards
Section 17.61.090 Pre-Existing Operations
Section 17.61.100 Signs
Section 17.61.110 Substantial Compliance and Compatibility of Uses
Section 17.61.010 Pw:pose. The intent of the "M-3" District is to reserve appropriate locations consistent
with the General Plan to accommodate a full range of mineral resource extraction and related manufacturing
in order to strengthen the Gty's economic base and to increase employment opportunities. Locations for the
"M- 3" District may have operational characteristics or features that make their location near less intensive
uses or highly visible areas of the Gty inappropriate. However, uses which have nuisance features that
catl)lot be mitigated or which pose a threat to public health or safety shall not be permined. This Chapter U
includes appropriate development criteria to assure a quality of appearance of all structures and uses from
public rights-of-way in orderto encourage the long term viability of the District as well as to anract desirable
users. This ordinance also contains the appropriate standards and criteria to ensure public health and safety.
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Section 17.61.020 Permitted Uses without a Mining or Conditional Use Permit. Uses permined in the "M-3"
District shall include those businesses listed below which operate in compliance with the purpose, intent and
standards of this district, are conducted on a contiguous area of not less than three hundred (300) acres unless
otherwise permitted in Section 17.61.030, maintain an exterior environment meeting all State and Federal
regulations pertaining to odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, and the storage
of hazardous waste. Each business shall be evaluated in terms of its operational characteristics and specific
site location.
A All permitted uses in the "M-l" District listed in Section 17.56.020.
B. All permined uses in the "M-2" District listed in Section 17.60.020.
G Agricultural uses of the soils for crops, orchards, grazing and forage.
D. Electric and gas distribution, transmissions substations, telephone and microwave stations.
E. Riding and hiking trails, recreation lakes, and camp grounds.
F. Other permined uses that the Planning Commission approves in accordance with Section 17.61.110
AGENDA ITEM NO.
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Section 17.61.030 Uses Subiect to a Surface Minin~ Perinit: The following uses are pennined in conformance
with the development and performance standards of this Cltapter provided that the operator thereof holds a
pennit to conduct surface mining operations, issued pursuant to the Surface Mining and Reclamation Ar:t of
1975 ("SMARA"), as adopted by Riverside O:lUntyOrdinance No. 555 and incOlporated herein by this
reference, which has not been revoked or suspended:
A Mining, quarrying, excavating, beneficiating, concentrating, processing, and stockpiling of rock, sand,
gravel, decomposed granite, clay, gypsum, limestone metallic ores, and similar materials, and the
rehabilitation of the resulting excavations. ",'
B. Rock crushing plants, aggregate washing, screening atid drying facilities and equipment, and concrete
and or asphalt batch plants.
C Ore reduction plants, and specialty plants for processing mineral products; the manufacturiitg of
block, pipe, tile, ponery, bricks, cement, plaster, and asphaltic concrete, and the recycling of broken
concrete and asphalt, provided that such plants and manufacturing operations observe a rninimwn
setback of 300 feet from any zone, other than the "M-3", "M-2, or "M-1~ Districts.
,
D. Other Surface MiningPennit uses'that the Planning COmmission approves in accordance with '
Section 17.61.110.
Section 17.61.040 Uses Subiect to a Conditional Use Pennit. It is recognized that certain uses while similar in
characteristics to Permined Uses in Section 17.61 020 may have the potential to impact surrounding
properties and therefore require additional approval'and consideration, The following uses are pennined
provided a conditional use pennit has been granted pursuant to Chapter 17.74 and shall include the following:
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A
Organicwaste composting facilities.
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.B.
Other uses that the Planning Commission finds by resolution to be consistent with the
purpose of this Chapter and having characteristics similar to those uses listed in this Section
17.61020. ' '.. .~. .
C
Other Conditional Use Pennit uses that the Planning Commission approves in accordance
with Section 17.61.110.
Section 17.61.050 Ar:cessory Uses. In addition to pre-existing operations (as defined in Section 17.61.090),
the following accessory buildings and uses may be located in the same area in conjunction with the pennined
use, provided that they remain clearly incidental and secondary to the prirnarypennined uSe, are compatible
with the character of the business district in,which they are located, and that any building or structUre is
harmonious with the architectural s~e of the main building(s). Except for pre-existing operations, no
accessory buildings' shall be located in a front yard area facing adjacent residential uses.
A Retail and wholesale distribution of materials produced on the site, provided that retail distribution
sales do not exceed 35 percent of gross revenue generated on the site.
B. Storage of trucks, excavating vehicles, machinery, or other similar equipment or non-product material
used in the operation, where suitable screening of the storage is provided when within 500 feet of a
residential use or right of way.
. C' Scales and weighing equipment.
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D. Offices and maintenance shop structi1res, including use of mobile homes.
E.. Residences and mobile homes for caretakers or watchmen and their families, provided cltat no more U
than one residence per 50 acres of mining area may be pennitted by the Gry.
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Section 17.61.060 Minimum Area. 1he minimum area for any new "M-3" District shall not be less than three
hundred (300) acres gross. Areas designated in an "M-3" District mayfall bellow the three hundred (300) .
acre minimuin threshold over time, and become non-contiguous, if they remain consistent with the. uses
pennitted in the "M-3" District, and continue to abide by all State (SMARA) and Federal requirements.
Section 17.61.070 Development Standards.1he following minimum standards shall apply to all new
construction in the "M- 3" District: .
A Minimum Area. Not less than three hundred (300) acres gross..
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B. Minimum Width. Not less than two hundred feet (200').
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C Yards. Front, rear, and side, not less than fifty feet (50') for any use permitted in this Chapter and not
less than one hundred and fifty feet (150') when the use is adjacent to any residential zoned property;
provided further, however, that.anystructure exceeding fony-five feet (45') in height shall have front,
side, and rear yard spaces equal to the height of said strucrure and not less than fifty feet (50').
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D. Structure Height. With the exception of pre-existing operations, no habitable building or permanent
structure shall exceed fony-five feet (45') in height, unless a variance is approved by the Planning
Commission. In no event, however, shall a habitable building exceed seventy-five feet (75') in height
or shall any other structure exceed one hundred feet (100') in height.
Section 17.61.080 Special Development and Landscape Inwrovement Stand~rds. 1he following special U
development and landscape improvement standards are designed for mining and related uses which are
developed for uses that are remote from urban uses. Premises in the "M,3" District used for any mining and
quarry operations, and related manufacturing shall be subject to the following standards:
A Noise Suppression. All equipment and premises employed in conjunction with any of the uses
pennitted in the "M- 3" District shall be constructed, operated and maintained in accordance with
the requirements of Olapter 17.78 of the Gtyof Lake Elsinore Zoning Code.
B. Roads and Drivewa~. Best management practices shall be implemented and all roads and
drivewa~ shall be kept wetted while being used or shall be treated with oil, asphaltic concrete or
concrete, or other palliative to prevent the emission of dust.
C Access Roads. All private access roads le;ding off anypav~d public street onto property used for
anypwpose pennitted in this ordinance shall be paved to a minimum width of twenty four feet
(24') with asphaltic concrete or equal, not less than three inches in thickness with adequate
compacted base material for not less then the first one h~dred feet (100') of said access road.
D. Air and Water Pollution. All operations shall be conducted in compliance with the requirements of
the South Coast Air Quality Management District and the State Water Quality Control Board.
E. Slopes of Excavations. No production from an open pit quarry shall be pennitted which creates an
average slope steeper than one foot (1') horizontal to one foot (1') vertical; provided, however, that
a steeper slope may be permitted where soil content or material is such that a vertical-cut
excavation is safe in the opinion of the Division of Industrial Safety, Department of Industrial U
P:\M-3 Zoning Code Update\M-3 Chapter.doc
AGENDA ITEM NO;
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Relations of the State of California:
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F. Distancing and Landscaping. With the exception of pre-existing operations, operati<:>ns located at
anytime within 500 feet of existing residences or adjacent residential zoned property shall comply
with the following: . . .' .' . '. . . .'
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1. For Manufacturing Operations:
L Within the requisite 150 foot setback and 300 feet of the propeity boundary n
prohibited without issuance of a variance. 0 ) .
IL Between 300 feet and 500 feet of the property boundary shall be screened to a
height of at least six feet (6') by either landscaping, bellm, walls or solid fencing .
and the outer boundaries of the area being excavated shall be enclosed with a six-
o foot (6') high chain link fence, including all necessary gates, except where such a
fence would be impractical, as in the bed or flood channel of a wash or'. 0..
watercourse, because of differences in elevation. 0 .
2. For Excavation Operations:
L Within the requisite 150 foot setback of the property boundary - prohibited
without issuance of a Conditional Use Permit.
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IL Between the requisite 150 foot setback and 500 feet of the property boundary
shall be screened to a height of at least six feet (6') by either landscaping, bellm,
walls or solid fencing and the outer boundaries of the area being excavated shall
be enclosed with a six-foot (6') high chain link fence, including all necessary gates,
except where such a fence would be impractical, as in the bed or flood channel of
a wash or watercourse, because of differences in elevatiotL
G. Hours of Operation. Subject to the exceptions expressed herem and except for pre-existing
operations, all uses shall confine operations on the property to the hours between 7:00 a.IlL and
7:00 p.IlL, Monday through Saturday and uses shall not be permitted on legal holidays or Sundays.
1. Subject to issuance of a Conditional Use Permit, those operations that are located between
the requisite 150 setback for residential zoned property (Section 17.61.070) and 500 feet
from the outer boundary of the property may engage in continuous activities beyond the
hours of operatiotL
2. lhose operations (both excavation or manufacturing operations) that are located more
than 500 feet from the outer boundary of the property may engage in continuous activities
beyond the hours of operation so long as the activities otherwise comply with the
substantive requirements the Lake Elsinore Municipal Code, including the specific
standards set forth in this Chapter.
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H Insurance. Before commencing any mining operations in accordance with this Chapter, including
production activities or operations incident thereto, the owner or operator shall provide evidence
of liability insurance in an amount of $1,000,000.00 per occurrence and $2,000,000.00 in the
aggregate or such other amount as may be reasonably acceptable to the Gty. Such insurance shall
be kept in full force and effect during the period of such operations and shall name the Gty as an
additional insured upon request by the Gty.
I. Rehabilitation. All property uses permitted by this Chapter shall be rehabilitated in accordance with
the applicable provisions of the Surface Mining and Reclamation Act of 1975 and any mining
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reclamation plan that has been approved pursuant to this o,apter, the provisions of Riverside
County Ordinance No. 555, or SMARA ..' . . '.
Section 17.61.090 Pre-Existing Operations. For purPoses of this o,apter, ';pre.existing operations" means
(a) anystrucrure eXisting in an area at the time the area is designated part of the "M-3" District by the Gty,
(b) any operation activity which is occurring in an area at the time the area is designated as part of the
"M.Y District by the Gry; and (c) any operation activity described in Section 17.61.030A which has occurred
in any area priorto the time the area is designated a~ part of the "M-3" District by the Gty.
Section 17.61.100 Signs. lhe provisions of o,apter 17.94 shall be used to determine permitted signs in the
"M-3" District.
Section 17.61.110 Substantial Compliance and Compatibility of Uses. lhe Planning Commission may
determine whether a project or any project modification is substantially and significantly related to the
permitted uses, uses subject to a Surface Mining Permit, uses subject to a Conditioruti Use Permit, or
accessory uses, in the "M-3" District.
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AGENDA ITEM NO.
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ORDINANCE NO. 1149
. WHEREAS, the Council ,subsequent to said hearing adopted Resolution No.
2005- 44 determining' the, validity of prior proceedings relative to the.
annexation of Annexation Area No, 12 (Be1caro), annexed Annexation Area No.
12 (Belcaro) into the District and authorized the levy of a special tax within
Annexation Area No. 12 (Belcaro); and
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WHEREAS, the Council subsequent to 'said hearing adopted Resolution No.
2005- 45 'which called an election within Annexation Area No. 12 (Belcaro) for
April 26, 2005 on the proposition of levying a special tax; and
45367598.1
AQENDA ITEM NO.M-
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WHEREAS, on April 26, 2005 an election was held within each Annexation
Area No. 12 (Belcaro) in which the eligible electors approved by more than two- U
thirds vote the proposition oflevying a special tax;
NOW, THEREFORE, THE CITY COUNCIL OF THE .CITY OF LAKE
ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO.' 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES ORDAIN AS
FOLLOWS:
Section 1. A special tax is levied withi~ the boundaries of Annexation
Area No. 12 (Belcaro) pursuant to the formula set forth in Exhibit "A" attached
hereto and incorporated by reference in an' amount necessary to finance a portion
of the cost of providing law enforcement, fir~ and paramedic services that are in
addition to those provided in the territory within Annexation Area No. 12 (Belcaro)
prior to the aimexation of Annexation Area No. 12 (Belcaro) into the District,
periodic costs, and costs of the tax levy and collection'-' . :' .: '. .' .
. Section 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in section 53340' of the Act, to' detennine the
specific special tax rate and amount to be levied for the next fiscal year, except that
the special tax rate to be levied shall not exceed the maximum rate set forth in U
Exhibit "A." ,
Section 3. All . of the collections of the' special clx shall 'be used as
providedfor in the Act and Resolution No. 2005- 44 of the 'Council. .
Section 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and'the same procedure and sale in cases of delinquency and
provided for ad valorem taxes.
Section 5. The Mayor shall sign, this ordinance and the City Clerk shall
attest to such signature. The City Clerk is directed tocause the title and summary
or text of the this ordinance, together with'the vote thereon, to be published within
fifteen (15) days after its' 'passage at least once in a newspaper of general
circulation published and circulated within the territori3.l jurisdiction of the City,
and to post at the main office of the City a certified copy of the ,full text of the
adopted ordinan<<e along with the names of the Council Members voting for 'and
against the ordinance. . , , i'
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Al~ENDA ITEM NO. 3 \
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S",,,,,. " Tbi, Onl;""""" rel.bng to the levy of /he 'P<ci./ lox tok",
effec/ """ 'haJI be ;" fo,,,,, from ""d .ft", 3 0 do y, ftom /he d.re 0 f ftn./ ""'"""e.
A OOpy of /h;, Ot"""",,,,, ""1I be '"""mitted '0 the Cted< of /he lloanJ of
S"po"",.,, of Rivern;de County, the As,"'oc """ the T......re,. T"" Collec'ot of
Riverside County.
INTRODUCED AND PASSED lIPoN FIRST READING BY TITLE
ONI. Y /h;, 26" d.y of APril, 2005, "pon /he fOllo,.;ng roll "'''I VO'e,
COlJNCIlMEMBERS, BUCKlEY,1I1Cl<MAN, KEUEY,
SCHIFFNER, MAGEE
COUNCILMEMBERS: NONE
AYES:
NOES:
AYES:
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADoPTED lIPoN SECOND READING By
TITLE ONLY /h;, /0" d.y of May, 2005, upon /he fOl/owing roll <>>1I vore,
COUNCILMEMBERS:
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NOES:
.COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERs:
By:.
Robert E. Magee, Mayor
ATTEST:
-
Vicki Kasad, City Clerk
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AQENOA ITEM NO.~
PAGElOF -3
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CITY OF LAKE ELSINORE" .
JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY
TO:
MAYOR AND CITY COUNCIL
REDEVELOPMENT AGENCY CHAIR AND BOARD
,
FROM:
DATE:
. .
ROBERT A. BRADY, CITY MANAGER/EXEcUTIVEinRECTOR
. ,
MAY 10;2005 '
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SUBJECT: WAIVER OF,DEPOSIT TO LAKE MANAGEMENT FUND. "
BACKGROUND
In 2003, the City, Redevelopment Agency and EVMWD entered into the Lake
Elsinore Comprehensive Water Management Agreement (the "Agreement"} The
Agreement provides, among other things, a mechanism for fu~ding the purchase of
supplemental water for the Lake.. EVMWD arid the City agreed that each would
contribute $650,000 annually to the "Lake Maintenance Fund" so that monies would
(\ be available to buy supplemental water dufingextended drought periods.
DISCUSSION
With the recent wet winter storms, the Lake is near its peak level and there is no need
to add supplemental water to the Lake at this time. Moreover, even with evaporative
losses each year, the Lake can remain above the optimal operation level of 1240 for at
least three to four years (and perhaps much longer depending on future runoff).
EVMWD has been significantly impacted by State-mandated transfers of funding away
from EVMWD to the State. Likewise, local fund transfers the State have also
impacted the City. The resulting budget impacts have led to informal discussions
between the City and EVMWD concerning a possible mutual waiver of the $1.3
million deposit owing to the Lake Management Fund in Fiscal Year 200306.
In order to waive the 2005-06 deposit to the Lake ManagementFund, the City/Agency
and EVMWD must each agree in \VI"iting to such a waiver.
FISCAL IMPACT
n
The waiver of the deposit requirement will reduce the City's expenditures by $650,000
in Fiscal Year 2005-06.
AfiENDA ITEM NO. .3 ~
PAGE \ OF:)..
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JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY
MAY 10, 2005
PAGE 2
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RECOMMENDATIONS
Staff recommends that the City Council and Agency Board consider waiving the
required deposit to the Lake Management Fund. If the City Council and Agency Board
approve the waiver, the City Attorney's office is directed to prepare an appropriate
written document evidencing the waiver and submit such document to EVMWD for
approval. The City Manager/ExecutiveDirector is-authorized to execute thavritten .
waiver of behalf of the City and the Agency.
PREPARED BY:
BARBARA ZEID LEmOLD,
CITY ATTORNEY/AGENCY GENERA-L COUNSEL
APPROVED }fOR
AGENDA J.,ISTING:
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AEWA nEM NO. 3~ -
PAGE ').. OF" l ·
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CITY OF LAKE ELSINORE '
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL.
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MAY 10,2005
SUBJECT:
ANIMAL SHELTER OPTIONS
BACKGROUND
,'J
For the past four (4) years, prior to December 28, 2004, the Animal Friends of the
Valleys have been in discussions with the County of Riverside; the City of Lake'
Elsinore, the City of Temecula, the City of Murrieta and the City of Canyon Lake
regarding the formation ofa Joint Power' Authority (JP A) for the' purpose of
n constructing a new animal shelter for the southwest corridor.
, ,
On August :24; 2004, the City Council conceptually approved the formation and
participation into the Southwest Communities Joint Powers Authority.
'.,
On December 16, 2004, a sfudy session was held to discuss the proposed Joint Powers'
Agreement with the participating;entities. Upon completion of the study session,.the
proposed JP A Agreement was brought before the City Council on December 28th for '
formal approval.
I,
The agreement was approved with a request' for staff to prepare, options for City "
Council consideration prior to the final authorization to initiate the sale of bonds for.
the purpose of construction of the shelter.
DISCUSSION
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With all participating entities having approved the JP A Agreement, the Authority has
been formed and has the legal authority to raise construction funds by issuing bonds to:
pay for the construction of the shelter. Each city will contribute equally to the
administration and operation of the JP A while the bond debt repayment will be based
AGENDA ITEM NO.
PACE I
3~
OF 5~
REPORT TO CITY COUNCIL
MAY 10, 2005
PAGE 2
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on the number of animal turn-ins (Lake Elsinore: 28.58%) annually. Each city will
contract with the JP A for sheltering services but continue their individual contacts for
animal control services..
Based on information provided by the County of Riverside, the City of Lake Elsinore's
portion ofthe bond debt repayment will reach $6,847,425 over the 30-year life of the
bonds.
Although estimated at 9 million dollars for construction, the issuance costs and related
fees for the bonds will be $11,150,000. Interest over the 30-year life of the bonds is.
estimated at $12,808,800 bringing the total cost of the shelter to $23,958,000 when the
bonds are retired. The -City's 28.58% equals $6,847,425 should the shelter be
constructed for 9 million dollars. '.
The estimated cost for operation oftheJP A over this same 30-year period is $150,000
while the projected sheltering fee would exceed $4,700,000 over the life of the bond U
debt repayment. These three JPA related costs total approximately $11,697,425 over
the thirty (30) year bond debt repayment period with no inflationary costs factored in: '
~- '
Staff contacted the County of Riverside as well as the cities of Moreno Valley, Perris,
Corona, and Norco as to their ability to provide contract animal control services. Only
the County of Riverside would contract with Lake Elsinore for animal control field'
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servIces.
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Should the City contract with the County for animal control services, the County will
charge all related JP A costs for use of the new shelter for processing of City animals;
essentially resulting in the same costs the City would> incur as a member of the JP A
should the County utilize the new shelter for housing animals. . -
However, should the City decide to develop its own program, the initial capital
expenses of new kennel, trailers, office trailers as well as some site preparation,
staffing, new vehicles and the adoption of a new operation budget is: estimated to cost
$736,383. Annual operation and maintenance costs would cost the City approximately
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AGENDA ITEM I,V.
PAC" ,1
33
OF 5~)
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REPORT TO CITY COUNCIL
MAY 10, 2005.
PAGE 3
Exhibit "A" reflects the costs of contracted services with the County and Animal
Friends of the Valleys in comparison to City operated animal control services utilizing
City facilities at a temporary location.
It would be staff's suggestion that a permanent facility be constructed at a future park
site and the area also include a community dog/pet park as part of the comprehensive
development.
FISCAL IMPACT
Funding for any option selected would require the City Council to identify the funding
source(s). .
RECOMMENDATION
n It is staff's recommendation that the Mayor and City Council consider the options as
provided in Exhibit "A" of this staff report.
n
PREPARED BY:
c..-
W.SAPP,DIRECT
APPROVED FOR
AGENDA BY:
CITY MANAGER'S OFFICE
AGENDA ITEM NO.
PACE ,~
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ANIMAL CONTROL PROPOSED BUDGET .
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PERSONNEL SERVICES
10-10 Regular Employees
10-20 Temporary Employees
10-30 Overtime
10-40 thru 10-90 Benefits
TOTAL PERSONNEL SERVICES
! $167,598
$- 0
- $ 10,000
$101.785
$279,383
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CONTRACTUAL SERVICES
20-01 Advertising
20-02 Community Promotion
20-10 Outside Automotive
20-11 Fuel and Oil
20-13 Insurance
20~ 15 Equipment Maintenance & Repair
20-16 Maintenance/Repair Buildings & Grounds
20-17 Postage
20-18 Publications & Memberships
20-19 Rent of Equipment
20-20 ProfessionaVTechnical & Services
20-22 Travel and Meeting
20-23 Training and Education
20-24 Electrical
20-25 Gas Service
20-26 Water
20-27 Telephone
TOTAL CONTRACTUAL SERVICES
$ 1,000
$ 3,000
$ 5,000
$ 15,000
$ 0
$ 3,000
$ 5,000
$ 5,000
$ 1,000
$ 0
$ 15,000
$ 5,000
$ 5,000
$ 7,000
$ 500
$ 3,000
$ 1.000
$ 74,500
MA TERlALS & SUPPLIES
30-10 Janitorial Supplies
30-20 Maintenance & Repair Materials
30-30 Office Supplies
30-33 Special Departmental Supplies
30-40 Tools. Etc.
TOTAL MA TERlALS & SUPPLIES
$ 3,000
$ 2,000
$ 2,500
$ 5,000
$ 2.000
$ 14,500
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ACENDA ITEM NO.
PACE "5
-,' ,(,
33
OF 6~ __"
CAPITAL OUTLAY
40-11 Buildings and Structures
40-20 Improvements other than Buildings
40-30 Office Furniture and Equipment
40-40 . Automotive Equipment
40-50 " Machinery and Equipment
TOTAL CAPITAL OUTLAY
$158,000
$ 75,000
.$ 10,000
,$115,000
$ 10,000
, $138,000
TOTAL BUDGET
$736,383
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AGENDA ITEM NO.
PAC-;: ~
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OF 50
{\ PERSONNEL
Salary Benefits Total
Senior Animal Control Officer (SACO) $ 59,013 $ 34,063 $ 93,076
Animal Control Officer (ACO) , $ 41,045 $ 27,230 $ 68,275
. .
Office Specialist III. . $ 33,830 $ 20,610 $ 54,440
Maintenance Worker I $ 33.710 $ 19.882 $ 53.592
TOTALS $167,598 $101,785 $269,383
CAPlT Ai 'OUTLAY/STRUCTURES
I Kennel Trailer; I2x 40; 16 Holding Pens
$ 78,000
I Kennel Trailer; 12 x 20; Quarantine Area 8 Holding Pens
{\ I Office Trailer 12 x 40
2 Storage Bins 8 x 2 (aJ, $5.000 ea.
TOTAL
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$ 40,000
$ 30,000
$ 10.000
$158,000
CAPITAL OUTUA Y NEHlCLES
2 ACO Vehicles w/Holding Pens @$45,000 ea.
I Full-Size PIck Up for Maintenance
TOTAL
$ 90,000
$ 25.000
$115,000
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ACENDA ITEM NO. ?:/3
PACE '7 OF !i~
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ACENDA ITEM NO, ~ 3
PACE 10 OF 56
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,County of Riverside"Community Health Agency:
Deparlment of Animal SelVices
Annual Contract Proposal
Field Services
Personnel,;
*Animal Control Officer (1 ~E)
Salary
Benefits
Worke'r's Compensation
/- ,
Sub-total Salaries/Benefits
$33.426
$17.405
$ 1,071
$51.902
, **Stand-by Animal Control Officer
Time:@lOhours/mo,x$47,00/hourx 12 mos.
'Mileage: @.42/mile x 106 mileS/mo, X 12 mos.'
Sub-total Standby Expense
$5.640
$504
$6,144
ITotal Personnel Expense -Field Services
$58,046
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Supplies and Other Charges (Annual)
Supplies and Other,Charges
(Uniforms. communication equipment, hand tools.
," , pharmaceuticals. over head, etc.]
Carpool EXpense (Truck Lease/Maintenance)
, ITotal Supplies/Other Charges - Field Services
$21.430
$6,370
$27.800
Animal Control Vehicle Charges (Periodic)"
(Equipment charge at first year of service and then every 5 years, or os
. needed, thereafter.).
Animal Control Box
Air Conditioning Unit for Animal Control Vehicle
$18,000
$4,200
ITotal Animal Control Vehicle Charges
$22.200
,;'
, , IIGrand Total - Field Services
$108.046 II
Comments:
'Interview process for Animai Control Officer should be participatory and include both the City of ,
lake Elsinore and the County of Riverside.
..Amol!nls are estimates and may change depending o~ ac;:tuol_ use.
."Shelter services will be provided by Ramona Animal Shelter with the possibility of the County of
, Riverside being the conduit for which services are paid.
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Revised 1/18/05 PMH
AGENDA ITEM NO. 3 s ';
PAC1L1LOf 5~
04-003
1.
COUNTY OBLlGATlONS-
COUNTY shall provide all services as
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2
outlined and specified in Exhibit A, consisting off our (4) page(s), attaehedhereto and by this
3 reference incorporated herein.
4
5
TERM. -
The term of this Agreement shall be from July I, 2003 through
2.
6
7
June 30, 2004 unless terminated as specified in Sections 4 A V AILABIL
TERMINATION, and maybe renewed for five (5) years throu
FUNDING or 7
8
9
COMPENSATlON-
3.
OUNTY, CITY
10
II
exceed eighty-five thous
L
12
13
4.
It is mutually agreed and understood that
by and contingent upon the availabilitY of City of (ENTER)
14
the obligation of the CIT
15
16
funds for the reimbursem~nt of COUNTY'S fees. In the event that such funds are not
'..
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forthcoming for any reason; CITY shall immediately notifY COUNTY in writing.
18
5.
HOLD HARMLESSIINDEMNIFICATION.
19
5.1
CITY shall indemnifY and hold harmless all Agencies, Districts, Special
20
Districts and Departments of the County of Riverside--its respective directors, officers, Board of
Supervisors, elected and appointed officials, employees, agents and representatives from any
liability whatsoever, based or asserted upon any services of CITY, its officers, employees,
21
22
23
subcontractors, agents or representatives arising out'of or in any way r~lating to this Agreement,
including but not limited to property damage, bodily injury, or death or any other element of any
kind or nature whatsoever and resulting from any reason whatsoever arising from the
performance of CITY, its offi~ers, agents, employees, subcontracto~s, agents or repr~~entatives
from this Agreement. CITY shall d,efend at its sole expense, all costs and fees including but not
24
25
26
27
AGENDA ITEM NO.
PAot! ; 2...
3~
F S~
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2
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04-003
Districts, Special Districts'and Departrrtentsofthe Comity of Riverside, their respective
directors, officers, Board ofSuperviso;s, elected and appointed officials, employees,'~gents and
3
, ' ,
representatives in any chiim or action based upon such alleged acts or omi~sions.
,
4
5 5.2, With respect to any action or clai!TI subject to indemnification herein by CITY,
, ' .,. . - . - ,-
6 CITY shall, at,their sole cost, have the right to use counsel oftheir own choice and shall have the
7 right to adjust, settle, or compromise any such action or claim without the prior
8 COUNTY provided, however, that any such adjustment, settlement 0
13
9 whatsoever limits or circumscribes CITY'S indemnification
herein.
10 CITY'S ,obligation to defend, indemnify and hold
i' .
tto
II COUNTY having given CITY written no .
, .
12 of the commencement ofthe,re
assistance"at CITY'S expense
hereunder shall be satisfied w
~ ;
reof. CITY'S obligation
COUNTY the appropriate form of,
bihty for the action or claim involved.
dismissal relieving COUNTY
16
17 5.3 The specified insurance limits required in this Agreement shall in no way limit or
,; :. ' . - ,
18 circumscribe CITY'S obligations to indemnify and hold harmless,the COUNTY herein from
'.' ". . "', '. .
19 third party claims.
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21 5.4, In the event there is conflict between this clause and California Civil Code
,22 Section 2782, this cla~se shall be interpreted to comply with Civil Code 2782. Such
23 interpretation shall not relieve the CITY from indemnifying the COUNTY to the fullest extent
24 allowed by law.
25
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5.5 COUNTY shall indemnify and hold harmltl!is all Ageilcies, Districts, Special
Districts and DepartmeIlts of the CITY --its respective directors, officers, Board of Supervisors,
elected and appointed officials, employees, agents and representatives from any liability
whatsoever, based or asserted upon any services of COUNTY its officers, employees,
'"
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ACENDA ITEM NO.
PAOE I
3~
OF 6b
04-003
2
subcontractors, agents or representatives arisinli: out of or in any way relating to this Agreement,
including but not limited to property damage, bodily injury, or death or any other eleme~tof any
kind or nature whatsoever and resulting from any reason whatsoever arising from the
peiformance of COUNTY, its officers, agents, employees, subcontractors, agents or
representatives from this Agreement. COUNTY shall defend at its sole expense, all costs and
fees including but not limited to attorney fees, cost of investigation, defense and settlements or
awards of all Agencies, Districts, Special Districts imd Departments of the crr heir respective
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4
5
6
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7 directors, officers, Board of Supervisors, elected 'and appointed officials, e
8 representatives in .any claim or action based upon such allege
s, agents and
5~6' With respect to any action or cIa'
COUNTY, COUNTY shall, at their sole
10
'oWn choice'
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12
prior consent of CITY provi
no manner whatsoever limit
!ment, settlement or compromise i
13
. . t .
'S indemnification to CITY as set forlb
mnify and hold harmless CITY shall be subject to
tten notice within a reasonable period of time of the claim or
of the commencement of the related action, as the case may be, and information and reasonable
14
herein. COUNTY'S obligati
15
16
17
assi,stance, at COUNTY'S expense, for the defense or settlement thereof. COUNTY'S
obligation hereunder shall be satisfied ~hen COUNTY has provided'to CITY the appropriate'
form of dismissal relieving CITY from any liability for the action or claim involved.
18
19
20
21
5.7' The specified insUrance limits required in this Agreement shall in no \Yay limit or
22
. ,
circumscribe COUNTY'S obligations to indemnify and hold harmless the CITY herein from
23
third party claims.
, 1-.;
24
25
5.8
In the event there is conflict between this clause and California Civil Code
26
Section 2782, this clause shall be interpreted to' comply with Civil Code 2782. Such
interpretation shall not relieve the CITY from indemnifying the COUNTY to the fullest extent"
allowed by law. '. . ,.r
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ACENDA ITEM NO. 33
PAC!--4J- OF 6p
04-003
01
6.
LIABILITY INSURANCE -',The COUNTY shall procure and maintain for the
2 duration ofthe contract commercial general liability insurance against claims for injuries to
3 persons or damages to property which may arise from or in connection with'the performance of
4, the work hereunder by the COUNTY, his agents, representatives, employees or subcontractors.
5 The cost of such insurance shall be borne by the COUNTY. The COUNTY shall maintain
6 general commercial liability or not less than One Million Dollars ($1,000,000.00) per occurrence
12
6.1
iy insurance and '
7 for bodily injury, personal injury and property damage, employee
8 automobile insurance. Any deductibles or self-insured re
9 reasonably approved by the Risk Manager.
10 liability are to contain the following
declared to the City and
liability and automobil
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liability to protect
ed program of commercial genera
, its officers, officials, rmployees, agents an
activities pe.rformed by or on behalf of.the COUNTY
tions of the COUNTY; premises owned, occurred or used by th
14
015
,
volunteers from Ii
products and com
16 CQUNTY; including automobile liability insurance on owned leased, hired or borrowed by th
17 COUNTY. The coverage shall contain no speciallimitationson the scope of protection afforde
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18 to the CITY, its officers, officials, employee~, agents or volunteers.
19
20
6.2
For any claims related to the COUNTY'S insurance coverage th
21 COUNTY'S coverage shall be primary insurance as respect to the CITY, its officers, employees
22 agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers
, ,
23 employees, agents and volunteers shall be excess of the COUNTY'S insurance and shall no
, '
24 contribute with it.
25
6.3
Any failure to comply with the reporting or other provisions of the policie
. , .
26 including breach of warranties shall not affect coverage provided the CITY, its officers, officials
27 employees, agents or volunteers.
("'~8
ACENDA ITEM NO.
PAC! 1&1 Of Sf'
04-003
6.4 COUNTY'S self-insurance shall apply separately to each'insured agains
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whom claim is,made or suit is brought, except with respect to the limits of the insurer's liability.
3
6.5,L COUNTY shall give the CITY thirty (30) days written notice in the even
4 of cancellation of the self-insured programs.
5
6 7." TERMINATION - Either party may terminate this Agreement, without cause,
7 upon thirty (30) working days written notice served upon the other p
9
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8 I '
8.
FORCE MAJEURE.
8.1 In the event CO
.th any provision of thi
fwar, civil disorders, 0
10
II
agreement due to causes beyond the'
12
13
provlSlon of thi
01 'such as acts of God, acts of war, civil disorders, 0
e held liable to COUNTY for such failure to comply.'
14
agreement due to
other similar acts,
15
16
17
ALTERATION -
No alteration or variation of the terms of this Agreement
9.
18
shall be valid unless made in writing and signed by the parties hereto, and no oral understanding
or agreement not incorporated herein, shall be binding on any of the parties hereto.
19
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21
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SEVERABILITY- ,If any provision in this Agreement is held by a court of
10.
22
23
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
24
25
"
26
11. NOTICES- All correspondence and notices required or contemplated by this
Agreement shall be delivered to the respective parties at the addresses set forth below and are
deemed submitted one day after their deposit in the United States mail, postage prepaid:
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28
AGENDA ITl'M NO.
PACE I
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('.8
COUNTY:
County of Riverside, Community Health Agency
Internal Support Contracts Administration
4065 County Circle Drive
Rivermde,CA 92503
CITY:
City of (ENTER)
445 E. Florida Avenue
(ENTER), CA 92543
td
Or to such other address (es) as ,the parties may hereafter
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04-003
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ACENDA ITEM NO. 35
PAct: 17 0 of?
2
3
4
5
6
04.003
EXHIBIT A
CITY OF (ENTER)
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(Animal services)
SCOPE OF SERVICE
'i,
7 The County of Riverside, hereinafter referred to as COUNTY, shall perform the following
8 services for the City of (ENTER), hereinafter referred to as CITY:
9
10 I.
11
12
13
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15
16
17
18
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1.
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Animal Pickup and Seizure Services: Field Services
Regular field service patrol provided
8:00 a.m. and 4:00
2.
sed as defined in
of any animal delivered to COUNTY
hich animal is not redeemed by its owner, shall
e rates identified in the applicable COUNTY, CITY or
3. Quarantine, as prescribed by State law, all animals suspected to be rabid and/or
that have bitten a person or another animal.
4. Investigate reported animal bites in accordance with State and local
laws/requirements. All animal bite investigations will be handed within eight (8)
hours.
5. Respond and take steps to resolve noisy animal complaints.
6. Remove dead animals from the public right-of-way.
7. Provide assistance in the trapping and removal of domestic and wild animals from
public and private property. Use humane traps available for these purposes and
make them available to the public on a rental basis.
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ACENDA ITEM
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8.
Verify animal license status when responding to requests for service or when
,responding to complaints about animal behavior.
Encourage the return of lost/ stray animals (impounded by field personnel) to their,
,rightful owner in the field, by field service personnel whenever possible, in order
to eliminate the need for the pet owner to make the trip to the shelter and to
minimize stress to the animal. The CODmY requires that the owner or
designated owner be present to accept the retum,ofhis/her pet. Dogs must have
current license and rabies vaccirJation. "
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9.
10. Monthly reports detailing the field service activities ofth revious month.
II. Inspect kennels, catteries and pet shops in the CITY nse to written
12.
13.
14.
and local Ordinances.
complaints pursuant to California,St
Em~rgency
Emergency s
on-call basis
e, at the CITY's request, holidays and weekends on an
per hour,A2 cents per mile (when a County vehicle is used) ~ith
two-hour call-out minimum. A standby officer will respond to the emergency call by
telephone or by vehicle within thirty minutes.- A backup standby officer will be available
if for some reason the scheduled backup officer cannot respond within thirty minutes
(usually on a previous emergency).,
:"(
Qualifications and Training for Animal Control Officer(s)
Field Service personnel shall be required to have anim~1 care and control experience
and/or training for the position prior to starting work. Animal Control Field personnel
shall have at least six months of experience in a public or private animal control program.
AC~Nf)A ITEM NO.
PAOE
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OF !5b
04-003
IV.
Shelter Care and Disposition Services
2 The COUNTY will house the CiTY's'animals at the Ramona Animal Haven located at
3 690 Humane-Way, sail Jacinto,CA 92583. The handling ofthese animals will comply
4 with the terms of the contract between the COUNTY of Riverside' and Ramona Animal
5
Haven.
.;; I.
6 The COUNTY's expectations as they relate to the sheltering services provided by
7 Ramona Animal Haven are as follows: ..,
8
L
Ramona Animal Haven shall be responsible forlhe maintenance and operation of
the Shelter and the care ofthe animals on a 24-hour basis. Th
shall be open to the public on the following minim
9
10
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12
13
2.
at the,
Prevent and control the
14
Shelter.
15
3.
16
or injury and to apply first aid to injured
17
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4.
accurate records of the receipt and disposition of all animals
delivered to its custody and complete monthly reports of all shelter activities.'
Provide animal adoption and redemption services for animals during the hours
that the She iter is open to' the public.
19
20
5.
21
22
a)
Current Ordinances or State Laws regarding the holding (impoundment)
period for animals will be adhered to.
Provide humane euthanasia of acutely sick and injured animals 'and for
other animals ricit suitable for adoption after a holding period as
determined by StateLaws or COUNTY/CITY Ordinallces. Euthanasia
, shall be performed by staff person( s) ceitifiedby senior staff as havrng
been trained and capable of performing these procedures. Staffperson(s)
23
24
b)
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AGENDA ITEM
PAce ~V
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04-003
shall receive euthanasia certification, with annual refresher training
received thereafter.
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6. All dogs and cats over the age of four months and placed for adoption, will be
delivered to the new own~r only after the animal has been vaccinated, and has
been spayed/neutered. These services shall be at the owner's expense and shall
paid at the time of adoption.
Take in stray/owner turn-in animals.
, 7.
" .
8. Hold stray and owner unidentifiable animals for a period as prescribed by law.
,.) , ,
9. Insure that all dogs have valid rabies inoculations prior to issuance of a license in
accordance with law.
10.
Ii and oral
Maintain a complaint log regarding the dispos'
complaints received by staff.
II. Animal Disposal
>
Personnel and
The COUNTY
supplies necessary to perform its
c uding but not limited to (I) Animal Control
obligations und
Officer, work
Equipment and Insurance
21 The CITY of (ENTER) shall provide (I) one animal control truck, one animal control-carrying
22 box both of which are covered under the CITY's self-insurance policy. The CITY of (ENTER)
23 shall also provide office and storage space for use by the animal control officer.
24
25
VII.
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Veterinary S~rvices. .
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26 The CITY shall be responsible for.the payment of veterinarian fees incurred as a result ofthe
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27 enforcement of Penal Code 597.1.
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A(jENDA ITEM
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EXHIBIT B
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Q4-Q03
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6 CONTRACTOR shall pay to COUNTY on a monthly basis in arrears, with a monthly billin
7 and accounting thereof by COUNTY to CONTRACTOR, those fees rel<itive to'the servicesio b
CITY OF (ENTER) ,
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,', ' PAYMENT PROVISIONS
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preformed under ihis Agr~ement ~s follo~s~
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(I)
(2)
(3)
Field Servic,es
Personnel Expense fi
"j,.1
i.i.,; .
. $3,523.50/mo.
$1,45.:r83/mo. "
$ 512.00/mo.
< '.,"
( . .,J
that the monthly expense will be $512.00.
(See attached budget)
Shelter Services
" "~
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$24.75 per weaned CITY animal delivered to Ramona Animal Haven by
. oj " " . ,-" \ ,
(I)
COUNTY.
,,; ,', ,{ij-2
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(2) The following rates begin on the eleventh (II th) day after impoundment, a
COUNTY's (or resident's) request, payable each day in excess often (to) days
, "
except for any animal uiJ.der quarantine as provided In County Ordinance No. 630.
"
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ACENDA ITEM NO.
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04-003
a)
$4.11 per day for animals as defined in County Ordinance No. 534, a
2
amended.
3
$1.18 per day for birds/fowl
, " .
b)
4
c)
$2.36 per day for animals as defined in, County Ordinance
5
6
,(3) ,. The ,sum of 15% of the ,total monthly rental expense as reimbursed for the renta
, .
7
expense of euthanasia freezers incurred by Ramona Animal Haven, which s
8
shall be payable in arrears.
9
, "
10 SCHEDULED COMPENSATION
11
The scheduled compensation payable to CO
t forth in this
12
agreement is eighty-five thousand, one
period commencing August
13
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AGENDA ITEM NO.1
PAOl! ~,3
(O"'f(}vJ..~ {c51<-. C-L.( l'\ -l.;;~
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
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TO:
MAYOR AND CITY COUNCIL
FROM:
RICHARD J. WATENPAUGH, CITY MANAGER
DATE:
DECEMBER28,2004
",,"
. ,.... ,
SUBJECT: SOUTHWEST COMMUNITIES JOINT POWERS AUTHOiuTY AGREEMENT'
,
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BACKGROUND
"
,
The Animal Friends ofthe Valleys in conjunction with the County of Riverside and the cities of
Lake Elsinore, Temecula, Canyon Lake and Murrieta have been working together over the past four
years in order to fund and construct an animal shelter that will meet the area's current and' future-'
needs.
Through these combined efforts, a Joint Powers Agreement has been developed (see attached)
which will provide for the funding and operation of a new shelter. '
....
DISCUSSION
U
The agreement will allow for the creation of a Joint Powers Authority (JP A) that will have legal
authority to raise construction funds by issuing bonds to pay for the construction of the shelter. The
JP A, once formed, has the ability to contract with Animal Friends to operate the shelter. Animal:,
Friends has expressed an interest in securing a long-term contract to operate the new facility.
Each city will contribute equally to the administration and operation of the JP A while the bond debt
repayment will be based on the number of animal turn-ins annually. Each city will contract with the
JP A for animal sheltering but continue their individual contracts for animal control services.
The approval of the attached agreement allows for the Southwest Communities JP A to be legally
formed. Once formed, the JPA has the legal authority to issue debt. The cost estimates for the,
construction of the shelter is approximately nine (9) million dollars ($300 per square foot). The
debt service (see Exhibit "B") on this amount will be spread between all member agencies based on
their usage of the shelter. For the City of Lake Elsinore, our usage is estimated at 28.58% which:
! would reflect our share of the debt service and then adjusted annually.
The JP A membership will be made up ofthe above mentioned agencies including the County of :
Riverside. Each agency will have one elected official represented on the JP A and each agency will .
have one vote. In addition to the elected representative on the JP A Board, the IP A will establish lIl1
Executive Management Committee that will provide management oversight to the shelter operatoi-. :
AGENDA ITEM NO.
PACE ,J~
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OF 6f2
FISCAL IMPACT
('.
There is no direct fiscal impact for approving this agreement. Once the IP A is formed and budget
established for the operation ofthe IP A, then our equal share of expense will be incurred by the
City. In addition, once the IP A is fomied 'and ;debt issued, then the City will lie financially
responsible for debt payments (Exhibit "c" provides the cost breakdown for all agencies that will
be participating ih the IP A. Bond debt payments for the City of Lake Elsinore will be
approximately $8,276,000 over the 30~yearperiod. Proposed animalcol1trol costs over the 30-year
bond debt term will exceed $15,700,000). ' " ,
RECOMMENDATION
, ,'.
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It i~' staffs ~ecomniendation th~t the Mayor and : City Council approve the forination of the
, Southwest Communities loint Powers Authority (JPA) Agreement ~d appoint ilrepreseiitative and
alternate to the IPA Board.' " ., , ., '
PREPARED BY:. David W. Sapp, Di~ector of Co~unitY. Services
APPROVED BY: t:t-/,
, . D . W, Sapp, Director. of Co
. ty Services
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~ ~/ 1-' S#I(I..J fâĴ1;P~
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AGENDA ITEM NO.
PAOE c:Q5
3?l
OF~~
)
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EXECUTIVE SUMMARY
Soutbwest Communities Joint Powers Autbority
(Animal Sbelter)
PurposeoftbeJPA " " , ' ,
The primary purpose of the Joint Powers Authority (JPA) is to const~ct a 30,000 square foot
,animal shelter serving the southwestern' communities of the county,c:;onstruction cost is
estimated at $9 million by Animal. Friends ofthe Valleys (AFV), Neither the County nor the
Cities have had an independent architect revi~,w the plans and cost estimates, In addition, the
JP A will contract for the operation of the shelter.
u
Termination of the JPA
The JPA Agreement (the "Agreement," attached as Exhibit A) allows any member agency to
terminate their participation in the JPA with sixty (60) days notice, if the JPA has incurred no
obligations,' If the JP A has incurred any obligation, including indebtedness and/or property, then
, a member agency must give 'twelve (12) months notice. If a member agency elects to terminate
their participation in the JP A after the JP A has incurred an obligation then, pursuant to the
Agreement, the member agency must pay (I) their portion of the outstanding bonds, based on
their then current percentage of animals sheltered, for any indebtedness, incurred; (2) any unpaid
portion of their administrative costs of the JP A and; (3) any unpaid portion of their share of the
operating costs of the shelter. '
Board Membership
The JP A members will include the cities of Canyon Lake,' Lake Elsinore, Murrieta and
Temecula, and the County Of Riverside, The JPA Board of Directors (the "Board") will include
one elected official (City Council/Board of SupeI-visors) from each member, agency, U
In the event of an incorporation within the JP A boundaries, the newly formed city may join the
JPA as a member agency, subject to all the provisions in theA~eemenL
Fiscal Obligations
Repayment a/Debt
Repayment of the debt will be allocated to each member agency based on each agency's
percentage of animals sheltered, The percentage will be calculated on ,an annual basis each
January based on usage information received for the preceding calendar year. The percentage
will be used to allocate annual debt repayment for each member agency's upcoming fiscal year
operating budget (percentage provided in January for July budget adaptation).
Exhibit B contains the financing schedules assuming a $9 million construction cost financed for
30 years at a 6% interest rate,
Adminislralive Costs
Expenses of the JPA, which will include bond-related expenses, Board member stipends and
expenses, administrative fees, legal fees, etc,~ will be allocated equally to each member agency,
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AGENDA ITEMJ'lO.
PACE ~~
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OF_9b_
EXECUTIVE SUMMARY
Southwest CO"1munities Joint Power~ Authority
, ' '(Animal Shelter),' '
("")
Operation of Animal Shelter
Operating costs will be allocated to each member agency based on each agency's percentage of
animals sheltered. The percentage would be calculated on an annual basis in January based on
usage information received for the preceding calendar year. The percentage will be used to
allocate operating costs for each member agency's upcoming fiscal year operating budget.
Animal Friends of the Valleys has expressed an interest in operating the Shelter on a long-term
basis. Therefore, if approved by the JP A, AFV would operate the Shelter through a contract with
,the JP A" The contract would only include shelter operations; field services would continue to be
contracted separately by the member agencies directly with AFV.
, '
Annexations/Incorporations. ' ..
Annexation of any area by any member agency will result in that member assuming fiscal
responsibility for the area annexed. The additional' annexation' will result in a re-calculation of
the percentages used for cost allocation. In the event of an incorporation within the boundaries
of the JP A, the County reserves the right to contract with the newly formed city if the city does
not join the JP A.
(\
Member Agency Withdrawingfrom jPA
Any member agency wishing to terminate their partIcIpation in the JPA, pursuant to the
Agreement, will pay (I) their portion of the outstanding bonds, based on their then current
percentage of animals sheltered; if any indebtedness has occurred; (2) any unpaid portion oftheir'
administrative costs of the JPA and; (3) any unpaid portion of their share of the operating costs
, '
of the shelter. .' , "." , ." , '""
, Officers, of the JP A ' "
Since the County has staff dedicated to providing day-to-day administration of its public benefit
corporations and JPAs, County staff will serve as staff to the 'lPA.The County Treasurer and
Controller will act as the JPA's treasurer and controller respectively. The Agreement does allow
for any member agency's .staff to serve as staff to the '1P A " , '
Allocation of Costs
Exhibit C contains the allocation table for each member agency provided by AFV and the
allocation of the debt repayment and operational costs. '
Executive Manaeement Commillee I
In addition to JP A administration, an Executive Management Committee, comprised of city and
, county staff, will be formed to provide'oversight. This oversight will include, but not limited to,
debt issuance, contract negotiations and financial reporting.
. .
("")
- 2-
ACENDA ITEM NO.
PAOl!: &7
~~.
OF~
JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF RIVERSIDE AND
,
THE CITY "OF CANYON LAKE;
THE CITY OF LAKE ELSINORE;
THE CITY OF MURRIETA; AND \,
THE CITY OF TEMECULA;
. CREATING THE
SOUTHWEST COMMUNITIES FINANCING AUTHORITY
(Animal Sheiter) " .
u
, !.
This Joint Powers Agreement, dated for convenience as of November 30, 2004, by and between
the County of Riverside (hereafter refened to as "COUNTY"), and the City of Canyon Lake ("Canyon
Lake"); City of Lake Elsinore ("Lake Elsinore"); City of Murrieta ("Murrieta"); and City of Temecula
(''Temecula''), collectively the "Cities" each body being a'body corporate and politic of the State of
California, or public entities or agencies of , the State of California;
RECITALS:.
u
. WHEREAS, COUNTY, and Canyon Lake; Lake Elsinore; Murrieta; and Temecula have mutual
,
interests in joining together to develop within the geographic area common to all parties, a plan or.,
program to constru.ct and operate an animal shelter located within the geographic boundaries as attached
hereto in Attachment A, in compliance with State Jaws and regulations; and
WHEREAS, it is the interest and desire of the parties to enter into,a Joint Powers Agreement t6
establish SCF A as a public entity, separate and apart from the parties hereto, as hereinafter described and
set forth, which entity shall then set about the task of accomplishing the. purpose of this Joint Powers
Agreement in a manner most capable of promoting the greatest public good and'welfare; and
WHEREAS, the parties hereto are each empowered bylaw to provide for the.animal shelter needs
to eligible residents of each entities either directly, or by contract or similar anangement;
NOW, THEREFORE, in consideration of the above recitals, of the mutual promises and
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agreements herein contained and for other valuable consideration, the parties hereto agree as follows: .
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AGENDA ITEM NO. ~ ~
PACE ~8 OF 5~
. SECTION}, PURPOSE
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This loint Powers Agrelim~nt (hereinafter referred to as "Agreement")is made. pursuant to the
provisions of Article I, Chapter 5, J:)ivision 7.ofTitld (commencing with Section.6500) of the
Government Code of the State of California, (hereinafter referred to as the "Act") for the express purpose
. of constructing, and housing animals,. also Imown as operating an animal shelter, to serve residents of the
parties hereof. It is the intent of this Agrel':ment thatnone of the decisions regarding field service
boundaries or levels of service for animal control for each of the member entities shall be affected by the
creation of this lP A, or by member~hip .in Jhis lP A.
~ , ! - ;, .
The purpose of this Agreement shall be accomplished and the common powers, of the parties
hereto exercised in the manner hereinafter set forth.
I'
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SECTION 2., CREATION OF AUTHORITY.
(1
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Pursuant to the Act, there is hereby.created a public entity tobe known, as the Southwest
Communities Financing Authority ("SCF A"), SCF A shall be a public entity, separate and apart from the
parties hereto, and as provided by law and not otherwise prohibited by this Agreement, shall be
empowered to take such actions as may be necessary or desirable to implement and carry out the purpose
of this Agreement.
SECTION 3. TERM
1, :
This Agreement shall become effective as of the date hereof and shall continue in full force and
effect until terminated as provided in Section 4. below.
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2
ACENDA ITEM NO. 3 ~
PAOl!~~_Of ~___
SECTION 4. TERMINATION' AND AMENDMENTS
(a) The parties hereto may amend this Agreement by mutual written consent
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(b) The parties hereto may terminate their participation in the Joint Powers Authority, and 'this
Agreement as provided herein.
\ I
(c) If SCF A has incurred no obligations each party may terminate this Agreemenlby giving not
less than sixty (60) days written notice thereof to the all other parties.
': (d) IfSCFA has acquired any indebtedness, fiscai obligation, and/oi,'any property, each party
hereto may terminate this Agreement by giving twelve (12) months written notice thereof to all other
parties subject to the'provisions'ofSections 4(e) and '4(f) herein,
< -.,' ":/
(e) This Agreement cannot be terminated until all forms of indebtedness; and/or fiscal obligation
incurred by SCF A have been paid, or adequate provision for such payment shall have been made.
(f) In the event the Agreement is terminated, any property acquired by SCF A from the effective
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date ofthis Agreement, including but not limited to money, shall be divided and distributed between, the
parties in proportion to the contributions made, including contributio'ns made'as provided iri Section 10
below, unless otherwise'required by law.'
SECTION S. POWERS AND DUTIES OF SCFA
SCFA shall have the powers common to the parties to this Agreement to:
(a) Exercise those powers enumerated 'in the Act as the same as now exists or as may hereinafter
be amended:
(b) Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the
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plllposes of this Agreement, including but not necessarily limited to the following:
3
AGENDA ITEM fIIO. 3'3 .
PACE ,3h OF br
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(I J io make and execute all contracts, agreemen'ts, and documents including, without
n limitation, agreements with anyof the parties to this Agreement, other local governments, agencies or )
departments; the State of California, the United States of America, or agen~ies thereof, ~r any entity,
person or corporation of any kind or nature whatever;
(2) to employ agents, servants and employees;
(3) to acquire, hold and dispose of property, both real and personal;
(4) to acquire, construct, maintain, manage, operate and lease buildings, works and
improvements;
'."
(5) to accept gifts;
(6) to sue and be sued in its own name;
(7) to apply for arid receive ~ny available federal, State and/or local grants;
(8) to employ legal counsel; ,
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(9) to employ consultants;'
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(10) to adopt a budget; ,
(1 I) to incur debts,liabilitie~ and obligations; .
1-:'
(12) to establish a tre~surY for the deposit ~d disbursement of funds and monies,
according to the policies and procedures set forth in this Agreement;
(13) 10 invest any money held in the treasury that is not required for immediate necessities
of SCF A, as SCF A determines is advis~ble: in the 'sa~e ~anner and'upon the same conditions as local
agencies pursuant to Section 52601 of the Government Code,
. , ",' . ' _ 1 .
'(14) to issue bonds and other evidenc'es of indebtedness for the construction of an animal
. , . .
shelter, and the consent of the Governing Board of each member to participation in this 10intPowers
" . ,', _ '. , i ',-, ,II " -: , . ',> ' ';
Authorityshall be deemed consent for the issuance of bonds by SCFA, as required under Government.
Code section 6500 et seq:'
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ACENDA ITEM NO. 33
PAoe-5LoF Sf? ~
Tht; listirig of the above acts is not intended to indicate any priority of one act over another. Nor is
. .,,,.... ." . , , ,
such listing intended to be inclusive, and other acts may be done inthe accomplishment of the purposes of
this Agreement as are authorized. On~ or several acts may take place ~ol1curr~ntly or in sequence. U .
.;,
SECT,ION 6.. CREATION OF THE BOARD OF DIRECTORS
\;;i!, ;'!;
(a) Creation of the Board of Directors. In order to effectuate the purposes of this Agreement as
set forth herein, SCF A shall be governed by a Board of Directors (hereinafl7r called the "Board"), and all
of the powers ofSCFA shall be exercised by the Board.
(b) Membership. The Board shall be composed of the following m,embers:,
(I) One (l).member of the Board of Supervisors of Ri,xerside County;
(2) One (I) member of the City Council of the City of Canyon,Lake;,. , ,
(3) One (1) member of the City Council of the City of LakeElsil,lOre;
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(4) One (I) member of the City Council pf th~CityvfMurrieta;
(5) One(l) member of the City Council of the City of T~mecula:
(c) Designation of Members. Members shall serve on the Board during the term for which they
,'.. " .. 'p '. , . .
are a member of the Board of Supervisors, or a meplber ofthe,CityCo\lnciIfrom which they are
. . , ,. !', '.
appointed. A member's position on the Board shall automatically tell11in,ate i.f.the term of the elected,
'" ., .' "'. - ,,',..
public office of such member is terminated.
(d) ,Reimbursement. The Board ~ay provide for ~eimbursement of reasonable expenses incurred
in connection with a member's service on the Board.
(e) Ouorum and Transaction of Business. Three (3) members ofthe Board shall c,onstitute a
, ~ -"
quorum. A vote of three (3) of the members present shall be required to take action, except for
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AGENDA ITEM NO. 3'5 "
PACE ~ OF-5L
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adjomrunent of a'meeting which shall require only ~majofj'ty of those present. 'No proxy ~r absentee
voting shall be permitted,
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'(I) Meetings, The Board sli~lI estab'lish the time and pl~ce for its regular and special meetings,
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The dates, 'hour and location ofregular meetings'~haH 'b~ fifed'by f~rmai aciio~ of the Board, The Board
shaH hold at least one (I) regular meeting every calendar year: Special meetings and adjourned meetings
" ' .r,. . ,j '.
may be held as required or permitted by applicable law: '
(g)' Ralph M, Brown' Act:' All me~tings ofth'e Board, including, \Viiho~t limitation, regular,'
','
special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the
. . ,
provisions ofthe Ralph M, Brown Act (commencing with Section'S4950'ofthe California Governnient
Code), '
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(h) Rules. The Board may adopt, from time to time, such rules and regulations for the conduct of
, ,,' , , . ,. .r" " '
its meetings and activities as it may deem necessary, 'In the absence of specific rules 'for SCF A meetings,
the rules ofthe Board of Supervisors shall be applicable for the comIuct of meetings of SCF A.
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SECTION 7. FISCAL'OBLIGATIONS OF THE MEMBERS
It is the intent of the members ofSCFA that thefollowingfiscal'obligillions shall be agreed upon
for all members:
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(a) Debt repayment of any bonds issued by SCF A ~ shall be paid by each member based on the
percentage of animals housed at the facility; on an aDnual basis.
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(b) Administration costs of the SCF A - includes, but not limited to the following items: stipends,
" ,
legal fees, audit, costs; administrative fee, ;mileage ~eimbuisement ~ shall b~ borne equally by all
members of sct A.
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AGENDA ITEM NO. '3 ~ .
PAce 33 OF :.:s.~
(c) Operation of animal shelter- shall be paid by,each member based on the percentage of
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animals housed at the facility, on an annual basis. , ,
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(d) D~termination ofthe percentag~s for sub-sections (a) and (c) shall be made on an annual basis U
, , '.'" '. . . ,
in J,anuary based on the usage, inform,ati?n received for the p~e<:edi~g calepdar year. The percentages,
shall be designated for calculation starting July 1'1 of that same calendar year.
. '.. '; " ' , ! - ',':..' . . ~ . ..' . , . . j" .
(e) Annexations of any area by any member shall~e,sult in that member assu~ing fiscal
responsibility for the area annexed. The additional annexation shall result in a re-calculation of
_' l' .
percentages of (a) and (c).
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(f) Incorporation of any geographic area served by SCF A, and.in the event of the new city not
.' '", , . 1 , ,
joining as a member in SCF A, COUNTY shall reserve the ability to contract directly with the new city for
animal services.
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(g~ Any me~ber agency withdrawing from SCFA alp'ees,to payment ofthe , yllIT,ent percentage of
the following:
. ,',
. -,.'
'. ! ,r
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(i) After the issuance of bonds, the member agency agrees to payment of the member U'
agency's current percentage of the amount oftheoutstanding bonds.
(ii) Any unpaid portion of the administrative costs ofSCFA"calculated up to the effective
,
date of termination of participation in SCF A of the member agency.
(iii) Any unpaid portion of the operation costs of the animal shelte~,,~alculated up to the
. ' ", '.! j' . ' . .
effective date of termination of participation in SCF A of the member agency.
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SECTION 8. OFFICERS AND EMPLOYEES
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(a) Chairperson and Vice Chairperson. The.Board may select a chairperson and a vice
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chairperson from among its members at its first meeting, and annually thereafter. The term of the.
Chairperson and Vice Chairperson, when selected in this manner, shall be for one (I) year.
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7
AGENDA ITEM NO.
PAOI! \~'-/-
"b '3>.
OF .f,) ~
In the evertt that the Chairperson or Vice'Chairperson so elected resigned from such office or
ceases to be a.member of the Board, the resulting vacancy shall be filled at the nexi regular meeting of the
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Board. In the absence or inabilityoftheChairperson to act, the Vice Chairperson shall act as .
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Chairperson. The Chairperson, or in the Chairperson's absence, the Vice Chairperson; shall preside at
and conduct all meetings of the' Board. ' . ,
,.)
: (b) Treasurer.' The Treasurer of the COUllty of Riverside shall be and shall act as the Treasurer of
SCFA.The Treasurer shall have the custody ofSCFA's money and disbuise SCFA funds pursuant to the
accounting procedures of the County of Riverside: The Treasurer shall assume the duties described in
Section 6505.5 of the Government Code, namely:' receive and receipt for alllnoney ofSCFA (with the
,
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exception of any bond proceeds which shall be deposited with the Trustee l>aIlk)and place'it in the
Treasury of the Treasurer to the credit of SCF A;be resflOnsible upon an official bond as prescribed by the
Board for the safekeeping and disbursement of all Agency money s~ held; pay, when due, out of money
of SCF A so held, all sums payable, onlyupon warrants of tlie officer performing the functions of the
n .' ...... ....
Controller who has been designated by SCFA orthe Board; verify and'reportin writing in conjunction
with the annual audit of SCF A and to the parties to tliis Agreement 'the amount of money h~ld for SCF A,
the amount ofreceipts since the last report, and the amount paid out since the last report; and perform' .
such other duties as are set forth in this Agreement 'or specified by'the Board.
Any and all funds of the SCFA shaU'not be commingled with any other funds held by the
Treasurer.
(c) Controller. The Auditor/Controller ofthe County of Riverside shall be the Controller of
SCF A The Controller shall draw warrants to pay demands againsi SCF A when such demands have been
approved by the Board or by any other person authorized to io approve such by this Agreement or bY
resolution of the Board. The Controller shall perform such duties as are set forth in tills Agreement and
such other duties as are specified by the Board.'
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ACENDA ITEM No.33
PACE ~3.tl OF ,f5t;
There shall be s,trict acc<?untabijity of all funds and;reporting of all receipts and disbursements.
The Controller shall establish,and maintain'such procedures, funds and accounts as maybe required by
sound accounting practices, ~e,books and records ofSCFA in the hands of the, Controller shall be open
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to inspection at all reasonable,times by, representatives of the parties,to this Agreement.
(d) Program AdministratoL The Executive Officer for the County of Riverside, or designee;
shall be the Progral}1 A<lministrator for SCF A, The Program Administrator, or designee, shall direct the
day-to-day operation ofSCFA, TJ:le,Program Administrator shall serve subject to the Board's policies;"
rules; regulations and)nstructions, and shall have the,powers described in this Agreement and those
delegated and assigned by(heBoard,including, without limitation:
'"
(I)t~ appoint, removf and transfer,employees of SCF A,including management level '"
officers, subject to the ~onditions, ()f emploxmen,t of these individuals as employees of SCF A, except for
the Treasurer, Controller and Attorney ofSCFA,and such others as the Board may designate; "
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(2) ,to e~force all orders, rules and regulations adopted by the Board relating to the
regulatiof!' operation, or yontrol,of funds, facilities, properties and apparatus,ofSCF A; , ,
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" " . (3) to authorize ~xpenditures whenever the Board ,shall have approved and authorized any,
work, iJ;llprovement or task and shall have budgeted or appropriated the necessary money therefore;
(4) to have custody of and accountability for all property of SCF A except money.
(5) Th~ Pr()gram Admi,nistrator, with the approval of the Board, shall contract with an
independent certified public accountant or firm or certified public accountants to make an annual audit of
the accounts and records of SCF A, and 11 c()mplety written report of such auditshall be filed as public
records annually, within six (~) months of the e~d of the fiscal year under examination, with each of the j ,
parties to this Agreement., Such annual audit and written report shall comply with the requirements of ,
. .. , - .
Section 6505 of the Government code, ,The cost.of the annual audit; including contracts with, or
' ,- . '.'"
employment of such independent certified public accountants in making an audit pursuant to this
()
9
AGENDA ITEM NV,:)'3
PAOE~OF l)lP
'~"j ~
Agreement shaIrbe a charge against fundsofSCFA available for such purpose. The Board, by
n unanimous vote, may replace the annual audit with a special audit covering ~two-year period. )
, "., '" , ': I' '" .
. (e) Consultants. 'Subject to the availability of funds, the Board may employ such consultants,
advisors and independent contractors as are deemed necessary and desirable in implementing and carrying
out the purposes of this Agreement.
(f) Attorney for SCFA. The offices of the Riverside County Counsel, or counsel as retained
directly by SCF A shall be'the attorneys fOf SCF A.' The Board may employ by contract or otherwise,
specialty counsel.
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SECTION 9. EXECUTIVE MANAGEMENT COMMITTEE
('\
There shall be an Executive Management Committee established consisting of the County
)
Executive Officer, or designee of COUNTY, and City Managers, or designees of CANYON LAKE..
LAKE ELSINORE, MURRIETA, TEMECULA and any other member city who may join SCF A. The
Executive Manag~ment Commitiee shall meet as necessary to review the operations and business of
SCFA.
,;, .
SECTION 10. REIMBURSEMENT
.' .
Offic~rs and employees ofth'e p~rties (excepting members of the Board) designated in this
{" ..' ,., ; .
Agreement to' provide services for SCF A shall be reimbursed by SCF A for their actual costs of providing
, "I
such services. In addition, additional services provided by officers and employees of the parties pursqant
("\0 contracts with SCF A shall be reimbursed as provided by the contracts.
shall be made after receiving an itemized billing for services rendered.
All reimbursements by SCF A
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AGENDA ITEM NO.
PAOe J 7
~3.
OF ~0
SECTION 11. FISCAL YEAR
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The fiscal year of SCF A shall be the period commencing July I of each year and ending on and
\",
including the following June 30.
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SECTION 12. CONTRIBUTIONS BY THE PARTIES
; .;
The parties to this Agreement may provide contributions in the form of public funds and/or in-
kind services, equipment, furnishings, office space and other kinds of property which may be reasonably
necessary for SCFA to accomplish the purposes of this Agreement.
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SECTION 13. EMPLOYEES OF SCFA
,
., ,
(a) Riverside County Employees There shall be no individuals directly employed by SCF A. '
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"Employees" for the purposes of indemnification and defense provisions herein shall be shall mean all,
persons employed by Riverside County, or any member agency, and assigned to duties for SCFA.
(b) Indemnification and Defense of Employees
(I) With respect to any civil claim or action against any Director, Officer, Employee,
Board Member, Committee Member, or a person who formerly occupied such position, for an injury
, .,.,'
arising out of an act or omission occurring within the scope of such person's duties, SCFA shall
" 'r,
indemnify, hold hannless and defend such person to the full extent permitted or required under applicable
_ . .'1:"" i I., ',.1 :: . ," f,
sections of the California Government Code.
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AGENDA ITEM NO. 33,;
PAOE ,~~ OF, 5~:
(2) Nothing herein shall be construed to require SCF A to indemnify and hold harmless
any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly
n occupied such position, if SCF A has elected to conduct the defense of such person(s) pursuant to an
,
)
agreement reserving SCFA's rights not to pay a judgment, compromise or settlement until it is established
that the injury arose out of all act or omission occurring within the scope of his or her duties wiih SCFA.
(3) Noth,ing herein shalll?e c.onstrued, to require the SCF A to indemnify, or to provide it --
defense for any Director, Officer, Employee, Board Member, Committee Member, or a person who
formerly occupied such position where the individual has acted in an illegal, willful or intentionally
negligent manner giving rise to the claim, or litigation.
(4) The following definitions shall apply to SCF A: _
(i) "Directors" shall include the following: Members of the Governing Board of
Directors ofSCF A~ ~nd the Program Administrator.
';,
(ii) "Officers" shall include-all individuals who are defined in "Directors" herein, _
n, - --,
the Treasurer, Controller, and Attorney(s) for SCF A as defined herein,
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(iii) "Employees" shall mean all persons empJoyed by Riverside County, and -
"
assigned to duties for SCF A.
(iv) "Committee Members" shall mean all persons appointed by the Governing
, ,'.
Board to any advisory committee or committees of SCF A, all persons appointed by the Program
Administrator to any advisory committee or committees of SCF A.
SECTION 14. LIABILITIES
SCF A shall account separately for all funds collected or disbursed for each party to this
0greem,,:nt. It is the intent of the parties, to the extent permitted by law, that the liabilities o~'each party
)
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12
ACENDA ITEM NO. 3 3 .
PAOl!~OF-5fi-
for the animal slrelterservices provided to that party's members-shall not become a liability of any other
party to this Agreement. . , ~
. -
The debts, liabilities and obligations ofSCFA shall-be the debts; liabilities and obligations of
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SCFAalone, and not.ofthe parties to this Agreement.
SCF A shall indemnify, defend and hold harmless each party to this Agreement from and against'
any and all liabilities, debts,c1aims~ demands or costs (including but not limited to attorney's fees)
arising, or alleged t!> arise as a result ofSCFA's operation or failure to operate.
,',
SECTION IS. NOTICES
. "j
Notices required or permitted hereunder shall be sufficiently given if made in writing and
delivered either personally or upon deposit into the U.S. Mail, first class, postage prepaid to:
RIVERSIDE COUNTY
u
Executive Office
County Administrative Center
4080 Lemon Street, 4th Floor
Riverside, CA 92501
,. .
Attn: Deputy County Executive Officer - Finance
CITY OF CANYON LAKE
31516 Railroad Canyon Road
Canyon Lake, CA 92587
Attn: City Manager
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Manager
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AGEr~I)A ITEM NO. 5:1
.'. PAOE-.-;W-OF_.f1!rL-
(',
(',
(',
CITY OF MURRIETA
26442 Beckman Court
Murrieta, CA 92562
Attn: City Manager
1-,
CITY OF TEMECULA
43200 Business Park Drive
P.O. box. 9033
Temecula, CA 92589
Attn: City Manager
SECTION 16. OTHJi:R AGREEMENTS NOT PROHIBITED.
Other agreements by and between the parties to this Agreement or any other entity are neither
prohibited nor modified in any manner by execution of this Agreement..
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SECTION 17. SEVERABILITY
(,
,.
If any section, clause or phrase of this Agreement or the application thereof to any party or any
other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it
shall be deemed severable and the remainder of this Agreement or the application of such provision to the
other party or other persons or circumstances shall-not be affected thereby..
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ACENDA ITEM NO. ~ "_
" PAOf3L..OF-1i~
SECTION 18. NONASSIGNABILlTY ..
The rights, Titles and interests of any party to this Agreement shall not be assignable or
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transferable without the written consent of the Board of Supervisors for Riverside County, and the
Governing Board of any of the other parties to this Agreement.
...
SECTION 19. MISCELLANEOUS
(a) Section Headings. . The. section headings herein are for convenience of the parties only, and
. -. -
shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the
provisions or language ofthis Agreement.- .
. ' - \ ~
(b) Laws of California. This Agreement is.made in the.State of California, under the Constitution
and laws of such State, and .shall be construed and enforced in accordance with the laws ofthe State of
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California.
,
(c) Construction of Language. It is the. intention ofthe parties hereto that if any provision of this
Agreement is capable of two constructions, one of which would render the provision void and the other of
which would render the provision valid,. then the provision shall have the meaning which renders it valid.
(d) Cooperation. The parties to this Agreement recognize the necessity and hereby agree to .
cooperate with each other in carryi.ng out the purposes of this Agreement including cooperation in
manners relating to the public, accounting, litigation, public relations and the like.
(e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the
successors ofthe parties hereto.
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15.
AGENDA ITEM IW. ;131
PAOI! ~ OF 60
(f) Public'ation Rights. Each party to this Agreement shall have the right to duplicate, at its own
expense, any and all documents and reports created or acquired, in the joint exercise of powers hereunder
n .. . )
by the Board or by any other party hereto p~rs~ant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement tobe executed and attested to
by their proper officers thereunto duly authorized as of the date first above written.
COUNTY OF RIVERSIDE
By:
Dated:
Chair, Board of Supervisors
ATTEST:
Nancy Romero, Clerk of the Board
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By:
Dated:
Deputy
,
[Seal]
Approved as to form and content:
William c.-Katzenstein, County Counsel
By:
Deputy County Counsel
CITY OF CANYON LAKE
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By:
Dated:
)
Mayor, City Council
,
16.
AGENDA ITEM NU. 33 '..
PAce f3 OF~
1
. ,ATTEST:
:.;1
., . l,
By:
Deputy
[Seal]
CITY OF LAKE ELSINORE
By:
Mayor, City Council
ATTEST:
By:
Deputy
[Seal]
CITY OF MURRIETA
By:
Mayor, CityCouncil
17 .
Dated:
Approved as to form and contell!:
City Attorney
>.'
Dated:
Dated: '
Approved as to form and content:
City Attorney
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Dated:
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ACENDA ITEM NO. J,3 1._
PAOE-1~OF~C)~
n
A TrEST:"
By:
[Seal]
Deputy
CITY OF TEMECULA
(\
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By:
A TrEST:
By:
Mayor, City Council
[Seal]
Deputy
18
Dated:
Approved as to form and content:
City Attorney
Dated:
. \ '
,
Dated:
Approved as to form and content:
City Attorney
AGENDA ITEM N9- $3;- .. _
PAOE q~ Of ~y~ ~
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EXHIBIT B
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..:-.-. -
. ACEND!\IJEMi-l9.33:
. PAOe'RO. OF ~"5~ ~
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) I
Estimaled
$11,150,000
County of Riverside
{'\Certificates of Participation
I
(Animal Shelter)
Sources & Uses
.. Dated 01JOlli~!5 I Delivered 01101/2005
Sources Of funds
Par AmOURI of Bond~
------.-'..-- --- .--
....__...._n_ SI~.!!.S_~QO...2:~_
To~~!5~~!~s.______
_.. .._____~~_S.!>r!02.:00
Uses Of Funds
~~l!.~_rwri~~:s Oi~<:~~..!!!J~'!QQ."~t
Costs cf Issuance
-..-.------------
Q'~~~~ Insurance f~.~ium (J.Q~L_-..:.:.:.:_.:.-.:.___~.:...:.: .._________~___ .. - -... .----------------.-...
_Qt:~sit1o Debl Service Rcs.:rvc fund lI?SRfl..!:..._._~"_____________._ ~______.__
De~si.!...~ C3piulizcd Jmcrcst (ClF) fund _____________________.________
p~pos~_.~o Pr~~~:..~n3!~~.~i~!l_~!_'_~ __ __ _ _ _____~ _
ROU~~!tt~_''!'_I?~~~I._____ ~__ _____.....:..______~i_' _ _m_________.__._.._
..._........ww ._____.___... 89.20!l~_
_____.__._.__.._ ~_ _,__~____._~__ __l...OQ..OOO.OO
.___J.!~.194;OO...
33'4.200.00
1.003;500.00
..u ...._. _...~.OOO,OOO.OO.
3.306.00
"
TOlalUses
",'
SII.150,OOO.00
..
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\), ,y
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'\~ . \C,'-'
l)- \ ~\.
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0'~~JPAAnimalShE;hef 1 SJNGiEPuRPOSE 19/22120041 t;Jspu
, '. ", "
AGENDA ITEM NO. .5 3 .
PAoeJm-oF~
ESlim2(cd
$1l,150,OOO
County of Riverside
Cerlificates of Parlicipation
(Animal Shelter)
Debt Service Schedule
Date
01lOilZ005
01/UI!2006
01/0111001
01/0112008
OI!~!~.909 ~__,._
01i01l201O -
OIIUIILOII
0110112012
0110111013
01:0112014
OI!OlnOlS--- ""\--.
01101/2016
0110111017
0110111018
_~!~~!!_0..!J__.
0110111020
OIlOrn021
o 1I1:n12022
OIlOI12DB
Ol/Oln024
_______ u_...._.__
OJ/<H11025
OI/Ol.'W26
OJlOI/2021
01/01/2028
....Q.~/Q.!~Q.2J_ __
01/01/2030
011011:<:031
01101/2032
OllOln033
0I101nO)4
Total
Yield Statistics
Bond Year Dollars
~ \le(~~e Life
A\lcragc C~~__
Principal
160,000.00
170,000_00
_I.~~QQQ;QQ._- -
195,000_00
20S.OOO.OO
220,000_00
230.000.00
_.____ _.__J~!.Q~~f!Q_~u_
260,000_00
275.000.00
290,000_00
310,000_00
... ______._..__,gS.!Q.~.:~..
345,000.00
. 370.000.00
390.000.00
415.000.00
~_O,,~~Q.~
46S.0OO.OO
490,OOO.!m
520.000.00
555,000.00
_ _28~})<)<lJ)Q.
"620.000,00
660.000_00
700.000.00
740.000.00
78S}){)~.00
SII~ISO.OOOJ~O
Coupon
Interest
"
,.
,~I
I
i
I
;
i
,
i
,
I
6.0000/..
6.000"1.
6_000%
.-..------
669.000.00
669.000.00
6S9.4OO.OO
..__. ..._._ n ...02.~00~()()._...
638.10000
626.400.00
614;100.00
600.900.00
....__ nu..__ ___..~?,IOO...:QQ~_
512,400_00
:556,800.00
54(}.300_00
522.900_00
5Q~.,}QQ:QO
484,800.00
464.100.00
441.900.00
418.500.,00
~9J.6{)(),~L
367~200.00
339.300.00
~ 309.900_00
178,700_00
245~Q2~,?_._
210.300.00
)73,100.00
133.SOO.00
91.500.00
4!LIOO_~_
SI2,808,800_oo
.,'
Total P+I
669.000.00
829.000.00
829.400.00
u.8l.4c2'y",,0Q.
833.100.00
83 I ,400.GO
834.100_00
830.900.00
__.__~~l.IOO.OO
&32.400.00
831.800_00
&30.300.00
832.900.00
g~2QQ,~~
829.800.00
834.100.00
&31.900.00
833.500.00
~]~.~Q!!:~
832.200.00
329.300.00
829.900.ro
833,700.00
. ~1!l~:'!~;2Q.
830.300.00
833.100.00
833.500.00
831,500.00
_ 832t!Q.O,OO_
523,958,800.00
... ._. ,__.,.. __.________ __..__.__ n_.____._.._ ..__ __ __._._ S213,480_00
_____..______ _ __.__.._. .._.___.___._~_~6 Ye!.~~_
6.0??oo00"10
Net IntcrestCosl (NIC) . _ .~_._~____________~_.___._____._____
True Interest Cost -(!!.q_._~__,....________._:,,____ ____..__.___.___..._._...._______' ....__.________.____._ ..___._ __.__
Bond Y~~~Jo, Arb~~g~~~.~~s__ _ _._____._ .._...__.,_._..____ ..___.___._~_,_ ...,..._______.
All Inclusive Cost lAIC) _______.~.___. ~_____
6.0411838"1.
-
.~___ -'6.<!753~~!!.
._._.~I.Q.!J8~~o_
6.2650292-1..
6_000%
6_000%
6.000%
6.()()oo/O
6,OO{)<'.Io
.----.-.----..-..--
6_000'%
6_000%
6_000"/0
6_000%
6.000%
,..~..._u._....,_,..
6_000%
6_000%
6.000%
6.000%
6_000"'/_
..---.-.--..--
6.??oo.1.0
6_000".1.
6.000"/.
6_600%
.._.u._.__.___~.:~!<>
6_000%
6.000%
6.000%
6_000"/.
6.000"1.
IRS Form 8038
Net Inte,est Cosl ~~__~._.___.__.__.u_____._._______.____.________.._____.__,_____..________~..;;~~.- I
Wei"hted A\lenl~e Maturity , 19.146 Y~"2.
A(i~NOA ITEM 1'10. .' . /'
Estimate~
$ll,ISO,OOO
h County of Riverside
.. Certi fieates of Participation
I
(Animal Shelter)
Net Debt Service Schedule
)
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Date Principal Coupon
Interest
Total P+t
OSR
elF
01/0112005
(11/0112006 669.0~:OO" 669.000_00
OllOInOOi 160.000.00 6_000"10. 669,000:00, 829,000.00
01/0112008 ,. 170.000.00 6.000% 6~9,4~O.OO ) 829.400.00
OIIO!!LOO9 u_~~!.?5.000.~__~~% _,_~_~9,2QO.~....:....-__..E~,2~~~~_~__._ ._,_.__.___~._
01101/2010, 195.000-00 6_~OO% 638,I()OPO, 8)3-.100.00
OIJOlnOIl 205.000.00 .6.()ooo/o 626.400.00 83I,400J)0
0110112012 220.000_00 6.000"/C! 61,4.1~~OO , 834JOOJ>O
0110112013 130.000.00, 6.()()()".I. 600.900.00. g30.900.00
~l/l!!'2Q!,!_. _._'_n _~,OOO..OO.._m 6_000"/0 ~_.__ 587.J~.!>Sl_...,.__, _ _~~Q.0j)_t?_.__._
OUOln015 260.000.00 6.~~ 572,400:00,. 832.4oo.~
0110112016 275.000.00 6.()()()".I. 556.800.00, 831,800.00
01101/2017 290,000.00 6.000"/0 540.300;00 830,300.00
OIlOlnOIS 310.000.00 6.000%: 521,900.00 832,900.00
. OJlOlnO..!?_ ~_...J?5.000.00 __~:~/o _ _ ..~~J~:.f?~.. ...... .___~~~,}~:~
01/0112020, , 345,000.00 6.000"10 484:800.00 829.800.00
01101n02! 370,000.00 6.1)000/0 464.100.00 834.100.00
0110112022 . _ 390.000_00 6_000%, 441,900.0.0. 831,900.00
(\,01/01.'2023 415,000.00 6.000% 418,500.00 833.500_00
_.9!~0.!.!?~2c"!. .i~Q'~.:9~_.. .. .6..~"~._ ,..~~}.0>Q:.~., .~}J,~.9~:..._.
01/0112025 ,:,465,000.00 6:00CW.. 367,200.00. 8.12,200.00 .
O!!'J:!!~Oi6 .490.000.00 6.0.00% )39,300.00 829.JOctOO
0110112027. ' 520.000.00 6.000"/., _309.900.00 &29.900.00
0110112028 555.000.00 6.000"k 278.700.00 83:\100.00
~01l2029 _..__. 585,~Q.O.;Q.~.~~~~1o < ____.~!~QQ:~,._,_ ._. . _~}~,~QQ..QD._______ _,_._._. ...__
OIlOlnOJO 620.000.00 6.??oo/.. 210.300,00.-" 8:tO,300.00
01101/2031 660,000.00 6_000% 173,100.00," 8)).100.00
OJ/OlflO)] 100,000.00 6.??oo/.' 133.500.00 833,500.00
O1/01n03) 740.000.0.0 6.000-.1. 91'.500~OO' 831.500~OO
~!!Q!Q~.__.___?J;..5~O__.~~~____~~:~.._ ,._~~.3?,!~,~,_
Total SII,ISO,{lOO.OO SI.2.,808,800.oo S!J.9S3,800.00
(669.000..0.0)
(334,500.00)
Net New D/S
< 49-4,500.00
829,400.00
834,200.00
8}),IOO.OO
831,400.00
834,100.00
83C.9,)(HlO .
..~._._._ __ 8J?,IO(tOO
832,400.00,
83 J .8.00..00
830.300.00
831.900.00
......... .... ...... _.~2~.}00.00..
829.800.00
834.100.00
8.31,900_00
833.500.00
~3MO(),!l!l.
831,200.00
! 819.)00.00
829.900.00
833.100.00
,. ..~.8.~Q.~Q!)J)~_ .
830.300.00
833.100.00
833,500.00
831,500.00
:___!,~.lllO.()()t
SH.12I,IOO.CO
,
._J834.2()()JI(jL_._':__n_ .______.__
(334.200.00) (1,003,500.00)
...\
'.."
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I
(\, ~ ~P,lUI,,,,~' Sh~~ 'I~NGlEPURPOSE I 9Q2I2OO4 I 1:.Js PM
'..",r'.'
E:S1imaled
$11,150,000
County of Riverside
Certificates of Participation
(Animal Shelter)
Pricing Sunllllaq'
,"
Maturity
Type of
Bood
Yield
Coupon
OJ/Oln007 Serial COUPOll 6_000% 6.000%
0110112008 Serial COUpo". 6.000~.. 6.000%
0110112009 Serial Coupon 6.000% 6.000%
OI/OlnOIO Serial Coupon 6.000% 6.000%
01/01/2011 ____~~.!i~!_~~':ll??'!._ __ .__~..~!! _ ___.__._.2~~
01101/2012 Serial Coupon 6.000% 6.000%
011011201J Serial Coupon 6.000'>;" 6.000-.r..
0110112014' Serial Coupon 6.poO% 6.000%
011011201.5 Serial Coupon 6.MO"Io 6.000'"1.
._OI/OII2~~I~.. ..;;!:~.~}_f~p.~.r.!.. 6_??oo/0 __~:~!':'
01/0 1120} ? Serial Coupon 6.000"/.. 6.000%
01/01/2018 Serial Coupon 6.000% 6.000%
0:/Olno19 $crial Coupon 6.000% 6.000%
0110112020 Serial Coupon 6.00tJ% 6.()oo%
0110112021 .~_~~rial Cou~~._.___.___ _~~!'?__ ____~~.~
0110112022 Serial CoupOn 6.000% 6.000%
OIJ0ln023 'Serial Coupon 6.000% 6.000"'/..
0110112024 Serial Coupon 6.000% 6.000-%
oltOln02S Serial Coupon 6.000% 6.000%
0110112026 __~~.~~!....<;~~~'!... .~:~.~!..._._.._._ _._~~.~~.
Or10112027 Serial Coupon 6.000% 6.000''/,.
01/0112028 Serial Coupon 6.000% 6.000"10
0110112029 $erial Coupon 6.000~. -', 6.000%
01!()ln030 Serial Coupon 6.000~{' 6.000%
~tOl12031_____Seri.aIC~'!..n. _~:.~_o-~____ _..i:~~~
OllOifl032 Serial CoupQn 6.('100% 6.000%
0110.112033 Serial Coupon 6.000% 6.000%
011O~n034 Serial Coupon 6_000% 6_000%
Tobl
Maturity Valu'e
l6O.000.oo
170.000.00
135,000.00
195.000_00
.__~l?,?:~Q._OQ
220.~:OO
230.000.00
145.000~OO
260,000_00 .
_..~?~..~Q2,.
290.000.00
3IOJ)()O.00
325.000.00
345,000.00
.._-_.:-!.~~-!.~~_..
390.000.00 .
415.000.00
440.000.00
465.000.00
......____ _____ ~~,QI?l!:flQ.
520.000.00
555.000.00 '
5S5,OOO:OO~
620.000.00
_ __. 6~!~0.:...OQ_.
700,000.00
740:000,00
785.000.00
SJ 1~150.000.00
Price
100.000%
100.000%
100_000%
100_000%
Dollar Price
160,000.00
170,000.00
185.000.00
1 ?5,OOo.OO
. }~_\~OO_OQ.
220.000_00
230,000.00
2:4S,OOO_OO
260.000.00
~~~-'QQ.~~.
290.000-00
J 10,000_00
)2).000.00
)45.000.00
_ .}70.00tl.~.
390,000.00
4 J 5.000.00
440.000.00 .
465,000.00
...~.~,QQ~:~
520.000_00
555.000.00
585.000.00
620,000.00
. _6,;Q.OOQM
'.700.000-00
740,000.00
78.5.000.00
SII,150,OOO.OO
100.000%
100_000%
IOO_oo~{,
100.000"'/..
100.000'Yo
100.000%
100.000%
100.000%
100_000%
100.000./..
100.000%
_.._~.._._-_....
100.000-10
100.000%
100.000"10
100.000%
... ____~.~~.Q~o
IOO.OOQ<>1o
100.000%
100.000"/0
100.000%
100.000% f,
..---.---.----
100.000%
100.000%
100.000%
Bid,lnformation
Par Amounfi of Bonds
Gross Pr~t~~._____..~._._.______
Tout Underwritn's Discount (0.800% L---_
Bid (99.200"/.)
Total Purehase PriC!__-=-.~__" ___. ____________
Bond Year Dolb.rs
--~---
Avcn~e Life
Average Coupon
Net Interest Cost (NIC)
True Interest Cost {TIC)
~!.~.,IJ~OOO.QQ.
SI1,ISO.OOO,OO
--.~.. -
~_ ~89.200.00l
_ .__.___.__!.!.9~.8~}).Q.
~"_060.8000.ll
______ _._.... _~2J.~,4~Q~OQ.
.._______ 19.146 Yeals_
___.._~~___ _____________ ____.._.___ .LOQQOOOO";;'
6.04178)8%
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AGENDA ITEM NO.
PACE. t}3 ..
5-'3..
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AFV Projected Operating Statement for New Shelter
Proposed.
. ... Budgel
,
EXPENSES
Advertising $ 2,000.00
Animal Disposal $ 10,000.00
Animal Food $ 25,000.00
Animal Supplies $ 18,000.00
Employee Benefits & Taxes. $ 34,000.00
Insurance Liability $ 12,000.00
Maintenance & Repairs $ 57,000.00
NSF Checks $ 2,000.00
Office Expense $ 8,000.00
Operating Supplies $ 10,000.00
Printing Expense $ 5,000.00
Professional Services $ 30,000.00
Rent $ , 3,000.00
Salaries & Wages $ 245,000.00
Security $ . 4,000.00
T ax-license-Permits $ 1,000.00
Telephone $ 4,000.00 I.
Uniforms $ 1.000~00
Utilities $ 95,000.00
Vet Services . $ 5,000.00
Workers Compensation $ 29,000.00
Tala/Expense $ 600,000.00
Less Donations from Public $ . , 50,000.00
Tolal Operating Budget $ . 550,000.00
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lake Elsinore Charges &: Fees
Oct '03 - Sept '04 License. Revenue
Yearly Paymenlfrom City + cites
($7,500 x 12) + citations
Total R..veriue for Services
Proposed Debt & Se.rvices.
Increase in Costs
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$ 93,258.00-
94,992.50
$ 188,250.50
.529,304,00
$ 341,053.50.
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A,CENDA ITEM. NO. :3 '3
nA-'c. L OF 5(P .'
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
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TO:
MAYOR AND CITY COUNCIL
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FROM:
ROBERT A. ~RADY; CITY MANAGER
MAY 10, 2005
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DATE: :
SUBJECT:
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DESIGN OF PARK ON THE OLD FIRE STATION SITE
LOCATED AT TERRA COTTA AND LINCOLN
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BACKGROUND
At the April 26th City Council meeting was an :agenda item to discuss two (2) potential
park loca~ions and the placement of a well on either site. "
It was the City Council's decision to continue the item ,and enter into further
discussions with the W~ter District regarding the location of the well on the 888 site U
(Alternative #2) and have the City develop the old Fire Statio~ site (Alternative #1),
with a park. '
DISCUSSION
As part of staffs recommendation for two alternatives was 'the request to allocate
$20,000 for plans and speci,fications for the cl,mstruction drawings for the Alternative
#1 site. i
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The report reflects a $375,000 estimate on the old Fire Station site, which factored in
the well site as part of the final design of the 'project as proposed in Alternative #1.
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City Council has requested staff to prepare cost estimates for the park project. To
provide the City Councifwith accurate project cost analysis, plans and specifications
will need to be completed to provide reliable:cost takeoffs.
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REPORT TO CITY COUNCIL
MAY 10, 2005
PAGE 2
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FISCAL IMPACT
Park developer funds are available for the $20,000 project propo~al.
RECOMMENDATION
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Staff recommends that the City Councilselect one of the following: A) Approve the
attached contract with Kobata & Associates in the amount of $20,000 for the design;
plans and specifications for the old Fire Station site and direct the City Clerk to execute
the documents; or B) Direct staff to go out to bid for the design, plans and specifications
for development of the old Fire Station ~ite with a park.
(\ PREPARED BY:
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OR OF coMMuNITY SERVICES
APPROVED FOR
AGENDA BY:
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement") is made and entered into as of ' U
the _ day of , 2005, by and between the City of Lake Elsinore, a: municipal
corporation ("City") and Kobata Associates, Inc., a California corporation ("Consultant"). '
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreem<:~t.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the terms and conditions described herein.
C.' , City desires to retain Consultant to render professional consulting services and related work
as set forth in' this Agreement.
.AGREEMENT
1. Scope of Services. Consultant shall pefform the services described on Exhibit A which is'
attached hereto and incorporated herein by reference. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction ofthe City through its
staff that it may provide from time to ti!lle. '"
2. Time of Performance. The services ofCort'sultant are to commence upon execution'ofthis U
Agreement and shall continue for a period of tWo (2) years.
3. Compensation. CompensatiOJi to be paid to consultant shall be in accordance with the '
proposal set forth in Exhibit A. In no eventshall Consultant's compensation exceed $20,000 without.
additional authorization from the City. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days
after approval of the monthly invoice by City staff. When payments made by City equal 90% ofthe
maximum fee provided for in this Agreement, no further payments shall be made until the final work
under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City requests that Consultant
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to
be necessary for the proper completion of the Project, but which the parties did not reasonably
anticipate would be necessary at the execution ofthis Agreement. Consultant shall not perform, nor
be compensated for, Extra Work without written authorization from City. Extra work will be
invoiced separately from services performed in accordance with the Scope of Services
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6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice oftermination. Upon termination,
Consultant 'shall be entitled to compensation for services performed up' to the :effective date of
termination.' ',' . .
7. Ownership of Documents. All plans, studies, documents and other.writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal documents, shall become the property of the City
upon payment to' Consultant. for such work, and the City shall have the sole right to use such .
materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City upon written request. City acknowledges that any use of such materials in a manner
beyond the intended purpose assetforth herein shall be at the sole risk of the City. City further
agrees to defend, indemnify and hold harmless Consultant, its officers; officials, agents, employees
and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expenses in connection therein), arising out of the City"6 use
of such materials in a manner beyond the intended purpose as set forth herein.'
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, .
and other intellectual property embodied in'plans, specifications, studies, drawings, estimates, and
other documents or works of authorship fixed in any tangible medium of expression, including but
not limited to; physical drawings' or data magiIetically or otherWise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Ag\-eemenr("Documents &
Data"). Consultant shall require that all subcontractors agree in writing that City is granted a
nonexclusive and perpetual license for any Documents&Data the subcontractor prepares under this . .
Agreement. Consultant represents and:warrants that Consultant has the legal right to license any and
all Documents & Data. Consultailtmakes no such representation and warranty in regard to
Docurrients & Data which were prepared by design professionals other than Consultant or provided.
to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at
any time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.' :
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and 'other Documents &
Data either created by or provided to Consultant in connection with. the performance .of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this' Agreement. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become known, to , i
the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs relating to project for which Consultant's services are rendered, or any publicity
pertaining to the Consultant's services under this .Agreement in any' magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent
of City.
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8. Consultant's Books and Records.
a. .. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, U
canceled checks, and other records or documents evidencing or relating to charges for services, or.
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
.,
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from.the date of termination or completion ofthis Agreement.
. c. Any records or, documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written.
request by the City Manager, City Attorney, City Auditor or.a designated representative of these
officers. Copies of such,documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
,d. ,Where City has'reason to believe that suchrecords or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by .
written request by any of the above-namedofficers, require that custody of the record~ be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or '
Consultant's successor-in~interest. .
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9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other ,
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may.
haveito any such rights. . c"
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1 O. Interests of Consultant. Consultant (including principals, associates and professionilI
employees) covenants and represents that it does notnow have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property. or investment which would be affected in any .
maimer or degree by the, performance of Consultant's services hereunder. Consultant further
covenants and represents that in the performance .of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform A.ct,
because Consultant:
a., will conduct research and arrive at conclusions with respect to his/her rendition of
information; advice, recommendation or counsel independent ofthe control and direction of the City.
or of any City official, other than normal agreement. monitoring; and .', "
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b. possesses no authority with respect to any City decision. beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
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11. Professional Abilitv of Consultant. City has relied upon the professional training and ability
of Consultant to perform the services hereunder as a material inducement to enter into this
Agreement. Consultant shall therefore provide properly skilled professional and technical personnel
to perform all services under this Agreement. All work performed by Consultant under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent professionals in'Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply
with all applicable federal, state and locallaws, codes;. ordinances and regulations.
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13. Licenses: Consultant represents and warrants to City,that it has the licenses, permits,
qualifications, insurance and approvals ofwhatsoevernature which are legally required of Consultant
to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect or obtain at all times'during the term' of this Agreement, any
licenses, permits, insurance and approvals which are legally required of Consultant to practice its
profession.
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14. . Indemnitv. Consultant agrees to defend, indemnifY and hold harmless the City, its officers, .'
officials, agents, employees and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out ofthe performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out ofthe sole
negligence or Willful misconduct of the City, its officers, agents,. employees or volunteers.
15. Insurance Requirements.
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a.Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
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i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for hislhei employees in
. accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractor to similarly maintain.Workers' 'Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees: -Any notice of cancellation or
non-renewal of all Workers' Compensation policies must be received by the City at
least thirty (30) days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Consultant for City.: :
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ii. General Liabilitv Coverage. Consultant shall maintain commercial general
liability insurance in an;iunount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
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AAGIl OF 1/
either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. U
111. Automobile Liabilitv Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the .
Consultant arising out of odn connection with the work to be performed under this
Agreement, including coverage . for owned, hired and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Liability Coverage.. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts; errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not
be less one million dollars ($1,000,000) on a claims-made annual aggregate basis, or
a combined single limit per. occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best.os rating of no less than A:Vn and shall be endorsed with the
following specific language: .
i The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liabili.tY arising out U
. of work performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may...
have, shall be considered excess insurance only and shall not contribute with it.
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lll. This insurance shall act for each insured and additional il1sured as though a
separate policy had been written for each, except with respect to the limits ofliability
of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v; '. . Any failure.to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, employees,
agents, or volunteers.
. vi. The insurance provided: by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the.City.
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c. ' Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City.' At the City's option, Consultant shall demonstrate'
fmancial capability for payment of such deductibles or self-insured retentions.
,d, Certificates' of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence ilfthe insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this '
Agreement. Current certification of insurance shall be kept on file with the City at all times during
the term of this Agreement. '
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16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
party at the address set forth below. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided'in this section.
Ifto City:
City of Lake Elsinore
Attn: City Manager'
130 South Main Street,
Lake Elsinore, CA 92530
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If to Consultant:
Kobata Associates, Inc.
Attn: Roger Kobata
607 N. Anaheim Blvd. '
Anaheim, CA 92805 .'
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17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of ,
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoninda, andrepresehtations, are superseded in total by this Agreement.
18. Amendmehts.ThisAgreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assil!IlJllent and Subcontracting. The parties recognize that a substantial inducement to CitY
for entering into this Agreement is the professional reputation, experience and competence of
Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations
of the Consultant imder tliis Agreement will be permitted only with the express consent of the City.
Consultant shall 'not subcontract any portion of the work to be performed under this Agreement
except as provided in Exhibit D without the written authorization of the City., If City consents to
such subcontract, Consultant shall be fully responsible t6 City for all acts or omissions of those
subcontractors.' Nothing in this Agreement shall create any contractUal relationship between City and'
any subcontractor nor shall it create any obligation on the part of the City to payor to see to the
paynientof any monies due to any 'such subcontractor other than as otherWise is required by law.
n 20. Waiver. Waiver of a breach or default under this Agreement shall not constitUte a continuing
waiver of a subsequent breach of the' same or any other provision under this Agreement. '
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21., Severabilitv. If any term, or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this U
Agreement shall continue in full force and effect.
22., Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of. the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attornevs' Fees. If either party to this Agreement commences any. .
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert wituess fees,
discovery expenses, and attorneys' fees.
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24. Mediation. The parties agree to make a good faith attempt to, resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. It the parties are unable to, agree
upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall
have the option to strike two of the five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may
commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least one U
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or,account for more than one such counterpart.
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26. Authoritv to Enter Agreement. Consultant has all requisite power and authority to yonduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals,who have signed this Agreement have the legal power, right; and auth9rity to make this
Agreement and to bind each respective party. '
27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for Consultant, tO,solicit or
secure this Agreement. Further, .Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, City shall have the,
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom. ,
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28. Equal Opportunitv Employment., Consultant represents that jt is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
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upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination. '
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effector
hereinafter enacted.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date
first written above.
CITY OF LAKE ELSINORE:
CONSULTANT:
Title:
Business License #
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from W orkers-oCompensation Insurance
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