HomeMy WebLinkAbout05/24/2005 CC ReportsCITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
ROBERT E. "BOB" MAGEE, MAYOR W W W.LAKF-ELSINORE.ORG
ROBERT L. SCHIFFNER, MAYOR PRO TEM (951) 674 -3124 PHONE
THOMAS BUCKLEY, COUNCILMAN (951) 674 -2392 FAX
DARYL HICKMAN, COUNCILMAN LAKE ELSINORE CULTURAL CENTER
GENIE KELLEY, COUNCILWOMAN 183 NORTH MAIN STREET
ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530
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TUESDAY, MAY 249 2005 — 7:00 P.M.
If you are attending this City Council Meeting please park in the Parking
Lot across the street from the Cultural Center. This will assist us in
limiting the,, impact of meetings on the Downtown Business District.
Thank you for your cooperation!
ROLL CALL
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to
subdivision (b) of Gov't Code § 54956.9 (1 potential case)
PRESENTATIONS /CEREMONIALS
I:3
f Achievement — EVCAP Photo Contest.
— Teacher Appreciation Week.
Page Two — City Council Agenda — May 24, 2005
C. Proclamation — Temescal Canyon High School Junior Varsity
Baseball Team.
D. Proclamation — Temescal Canyon High School Varsity Basketball
Team.
E. Proclamation — Lake Elsinore Elk's Lodge.
F. Proclamation — Knights of Columbus.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting)
PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting. The Mayor will call on you to speak, when
your item is called.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved on one motion, unless
Councilmember or any member of the public requests separate action on a
specific item.)
L Minutes
a. Joint City Council/Redevelopment Agency Study Session —
April 21, 2005.
RECOMMENDATION: Approve.
b. Planning Commission Meeting — May 3, 2005.
C. Public Safety Advisory Commission Meeting — April 13, 2005.
RECOMMENDATION: Receive & File.
Page Three City Council Agenda — May 24, 2005
2. Warrant List — May 16, 2005.
RECOMMENDATION: Ratify.
3. Appropriation Limits for Fiscal Year 2005 -2006 (Proposition 4) —
Resolution No. 2005 -47.
Adopt Resolution No. 2005 -47.
4. CDBQ Funding/Cooperation Agreement — Fiscal Year 2006 -07,
2007 -0!,8, and 2008 -09.
TION: Approve Agreement & Authorize
Execution.
5. CR & R — Annual Consumer Price Index Increase.
TION: Approve CPI Increase.
6. Auction Sale of Surplus Equipment.
T ION: Declare Equipment Surplus and
Authorize Disposal of Equipment.
7. Exemption to Bid Procedures — City Hall Carpet.
TION: Grant an Exemption.
8. Authorization to Prepare CEQA Compliance Documents for the East
Lake Specific Plan Amendment No. 8 for Lumos Communities.
RECOMMENDATION: Approve Agreement with HDR
Engineering.
Page Four — City Council Agenda May 24, 2005
9. Authorization to Prepare CEQA Compliance Documents for General
Plan Amendment No. 2004 -10, Tentative Parcel Map No. 32674 for
Condominium Purposes, Residential Project No. 2004 -11 and
Conditional Use Permit No. 2004 -27 (APN 379 - 315 -033).
RECOMMENDATION: Approve Agreement with the
Planning Center.
10. Authorization to Prepare CEQA Compliance Documents for General
Plan Amendment No. 2005 -02 and Zone Change No. 2005 -03 for
Lumos Communities.
RECOMMENDATION: Approve Agreement with HDR
Engineering.
11. Approval of Final Map 31706 -3, A Residential Subdivision by Pardee
Homes Located North of Canyon Hills Road and East of Hillside
Drive.
RECOMMENDATION:
PUBLIC HEARING
Approve Final Map, and Authorize
Dedications and Recordation.
21. A Resolution of the City Council of the City of Lake Elsinore to
Vacate a Portion of 3`d Street East of Collier Avenue for the
Construction of a Water and Sewer Pump Station.
RECOMMENDATION
APPEAL
Either Continue to June 14 or Adopt
Resolution of Vacation.
22. Appeal of the Planning Commission's Decision to Deny Conditional
Use Permit No. 2005 -05 for Nadir Rabban and Abbacy Holding Corp.
Page Five —City Council Agenda — May 24, 2005
for the Sale of Alcoholic Beverages at the Proposed Gas Station,
Mini -Mart and Automated Car Wash located at APN(S) 363 - 670 -002
and 363- 670 -003 Respectively.
TION: Consider Appeal.
31. Second, Reading — Ordinance No. 1150 — M -3 Zoning District.
Approve upon Second Reading by
Title Only.
32. Amended Concessions Agreement to Include PWC Rental and Food
Concession.
.TION:
33. 2005 4 "' of July Celebration.
TION
Approve Agreement.
Provide Direction to Staff.
34. Branding and Public Relations/Marketing RFP: Recommendation for
Professional Services Consulting.
TION: Appropriate Funds and Approve
Agreement.
35. Request for Donation of Van — H.O.P.E.
TION: Ratify Donation.
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting)
Page Six — City Council Agenda — May 24, 2005.
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
COMMITTEE REPORTS
CITY TREASURER COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT
(.0)
Qo)
m
n MINUTES
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKEIELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE,I CALIFORNIA
" THURSDAY, APRIL 21, 2005
CALL TO ORDER
Mayor Magee called the Joint Budget Study) Session to order at 5:00 p.m.
I
PLEDGE OF ALLEGIANCE '
Mayor Magee led the Pledge of Allegiance
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, Lake & Aquatic Resources
Director Kilroy, Information/Commuriications Manager Dennis, Finance
Manager Magee, Planning Manager Preisendanz, Public Works Manager
Payne, Recreation/Tourism Manager Fazzio; Parks & Open-Space Manager'
Fazzio, Engineering Manager Seumalo, Building/Code Enforcement .
Manager Chipman, Police Chief Fetherolf, and Deputy City Clerk Ray.
MID -YEAR BUDGET REVIEW - FISCAL YEAR 2605 -06
City Manager Brady provided an overview of the items to be discussed
n regarding the mid -year budget review. He indicated that staff had a previous
Budget Study Session to discuss the goals and objectives. He indicated that
Agenda Item No.
Page I of _091
PAGE TWO — STUDY SESSION — APRIL 12, 2005
each of the Departments had prepared their proposed budget for the next
fiscal year, and staff was proposing a balanced budget.
He provided Council with a report as to the status of where the City stood at
mid -year with regard to finances. He noted the packet of information
prepared for Council's review and gave a brief description of the contents.
He introduced a PowerPoint presentation which provided the Budget
Highlights and Budget Goals for F/Y 02 -03. He indicated that this material
would be beneficial to Council for reference in the approaching years
regarding setting goals and.objectives.
Police Chief Fetherolf gave a presentation in regard to the Police budget for
2005/2006. He commented on the present staffing of the Lake Elsinore
Police Station. He indicated that the City was contracted for 100 hours.of
patrol services, and that there were currently two motorcycle officers. He
indicated that there were a total of 25.5 fully supported patrol officers, and
that the support staff was 7.62 persons. The unsupported staff was 35.93.
Police Chief Fetherolf noted that for the current fiscal year the officer per
citizen ratio was 1.0 Officers per thousand.
Police Chief Fetherolf presented two alternatives for Council consideration
due to the potential and current increases in population. He presented
Alternative No. 1, which would be to add 10 hours to the 100 patrol hours
currently being paid. He also presented Alternative No. 2 which was to add
15 hours to the 100 patrol hours. He indicated that Alternative No. 2 would ,
be most favorable. He indicated that he would hke4o•bring on board a full
time Traffic Collision Investigation Officer. He noted that this would allow
him to free up the. time for Motor Officers.
Police Chief Fetherolf gave an overview of traffic citations and traffic
collisions in the City from October 1, 2003 to March 1, 2004. He indicated
that there was an increase in citations issued in a six month period similar to
the year before, which reflected a 257 % increase. He further indicated that
there was a 57% decrease in traffic collisions within a six month period of
time.
Agenda Item No. ILL.
Page P, of
..6/
(� PAGE THREE — STUDY SESSION — APRIL 12, 2005
Police Chief Fetherolf indicated'thaf the fully supported rate was an
estimated $105 per hour. He'noted' that the addition of 10 hours would be
$382,000; 15 hours added would be $574,000; and 20 hours added would be
$765,000. .,
Councilman Hickman indicated that Council's report reflected an increase
$695,000 for two Officers. Police Chief Fetherolf explained that if the
Council was reviewing two full time Officers, paid at the supported rate, to
buy the Officers then that would be the rate, but if the Council was simply
purchasing hours it would give an equivalent number of hours on the street.
Councilman Hickman questioned the Chief's proposal. Police Chief
Fetherolf indicated that he was proposing 10 or 15 hours added to the
contract.
CAPITAL IMPROVEMENT REVIEW
City Engineer Seumalo gave an overview of the proposed 2006 thru 2010
Capital Improvement Program. He'indicated that he would be discussing
some of the items proposed for this fiscal year. He' listed some of the funded
highlights for next fiscal year. He also listed some of the unfunded items.
Councilman Buckley questioned the Lake Department and Maintenance
Yard projects. City Engineer Seumalo explained that it was a carryover item
from the year before. City Engineer Seunialo deferred to Lake & Aquatic
Resources Director Kilroy. Mr. Kilroy explained that the item sh'ould be
deleted. He indicated that it should be already included in the contract with
Destination /RV Resorts. Councilman Buckley questioned the function of
the Palm Tree Preservation and the dollar amount spent each year. ' ' `
Community Services Director Sapp explained that those fimds'would'be
used to replace palm trees or to relocate palm trees donated by residents or'
relocate trees in power line corridors.
Councilwoman Kelley indicated that the report did not" reflect the
landscaping in the medium on Collier in front of the Outlet Center. City
Engineer Seumalo clarified that it'was in the unfunded items. City Engineer
Agenda Item No. ) t 0.
Page 3 of I I
PAGE FOUR — STUDY SESSION — APRIL 12, 2005 r 1
Seumalo noted that the cemetery drainage system was also in the unfunded
items. He indicated Ithat staff was working with the Riverside County Flood
Control to master plan a storm drain; and was trying to have them fund it
and the City would contribute their drainage area appropriate funds for the
project.
Councilman Hickman questioned the dredging of the inlet channel and if
that would be later added as a possible project. City Engineer Seumalo
indicated that the estimates.given were provided by the Lake & Aquatic .
Department. Councilman Hickman commented that he'd rather put the ,
money on repairing the roads. Mayor Magee, indicated that during the rainy
season he had repeatedly asked staff to get under the emergency provisions,
by applying through Army Corps of Engineers as it was a matter of safety
and saving damage to property. He questioned if staff had submitted the
request. Lake & Aquatic Resources Director Kilroy indicated that staff had
submitted for funding, but staff had not yet received a response. Mayor r 1
Magee indicated that the City could apply for an emergency permit for 30 fir/
day increments and would avoid the 404 process and the City could
substantially eliminate the $4 million reflected. Mr. Kilroy indicated that the
cost was based on the cubic yard at $17.50 per cubic yard for removal at
250,000 cubic yards. Mayor Magee inquired if there was an Environmental
Impact Study done. He indicated that under an emergency it would go
away. Mr. Kilroy indicated that there was no EIR completed: He indicated
that staff did not want to begin the work until there was assurance that there
would be reimbursement on the funding.
Mayor Magee referred to the Coal Road improvements under the unfunded
items. He questioned if the majority of that would be under the.
responsibility. of Alberhill Ranch. City Engineer Seumalo confirmed.
Mayor Magee suggested removing,the item from the list.
Mayor Magee referred to the Central Avenue and Dexter Avenue
Interchange improvements. He requested clarification that the Costco
Development Group would be completing those improvements. City
Engineer Seumalo clarified that it would either be Costco or it would be part ( 1
Agenda Items No. L.-CL, �••r/
Page ! of
n PAGE FIVE — STUDY SESSION - APRIL 12, 2005
of the City interim improvements: He also clarified that the item would be
removed from the list.
Mayor Magee referred to Item No. 18: He questioned what was being
repaired on Hunco Way and Beechwood Lane. City Engineer Seumalo
indicated that he would need to review that Item to give a response.
Mayor Magee referred to Item No-. 19.: He noted that the Four Corners
Overlay was already completed:
Mayor Magee referred to the spreadsheet given to Council. He suggested
holding off on the Spring Street curb, gutter, and sidewalk. Community
Services Director Sapp explained that the funds for Spring Street were
CDBG funding and there were limitations on projects the funds were used
for.
Councilman Buckley indicated that there was $100,000 funded for the back
basin slope rehab and $30,000 in the Lake & Aquatic Resources unfunded .
items; and inquired if it would be best to complete it all at once. Lake &
Aquatic Resources Director Kilroy explained that the $100,000 amount
should be reduced to $30,000 and the $30,000 should be removed.
OPERATING BUDGET
Administrative Services Director Pressey gave an overview of the Operating
Budget. He indicated that the total revenue was $25 million. He noted the
beginning unallocated revenue carried over from 2004/2005 was $2.1'
million. Mr. Pressey explained that the expenditures had increased by 5 %.
Mr. Pressey presented the budget highlights to the Council. He indicated that
there would be an increase in Police, Fire and Paramedics; and Community
Development; and a decrease in Lake Water Purchase; and decrease in 4
departmental budgets. He indicated there was a significant shortfall
beginning:fiscal year 2006/2007 of about $1.8- million; and a $2.8 million
deficit going forward. He indicated that staff was looking at working' with
Agenda Item No. , ! .
Page `-of-0—
PAGE SIX — STUDY SESSION — APRIL 12, 2005
the County. He, indicated that Lake Elsinore Fire Chief Gallegos, Regional
Fire Chief Windsor and Riverside County Fire Chief Anthony had discussed
the County's fair share of the new stations. He indicated that the stations
were servicing more than the Lake Elsinore communities, so there would be
a discussion regarding cost sharing.
Mr. Pressey indicated that the City was maintaining the current service level
with the exception of the Assistant City Manager. He indicated that the City
was maintaining a $3 million reserve and unallocated revenue was projected
to be $2.5 million with a projected balance of $5.6 million. He further
indicated that the projected revenue for 2006 was $2.6 million.
GENERAL FUND REVENUE
Administrative Service Director Pressey gave an overview of major revenue
increases in sales tax (new retail), property tax, fee's, transfer in from Gas
Tax Fund and other increases for total increases of $1,589,433 million. He
also gave an overview of the major revenue decreases in Developer
Agreement Fees, Destratification System Revenue, Sale of Property and Gas
Tax for a total decrease of $1,529,330.
PROPOSED GENERAL FUND EXPENDITURES
Administrative Services Director Pressey gave an overview of the General
Fund Expenditures. He indicated that in 2004 /2005 Public Safety was 30%
of the General Fund expenditures and it will be 36% for 2005/2006. He
explained that there was an increase in the Fire Department Budget. The
increase included the fully funded Canyon Hills Fire Station. He noted that
the Fire Truck was funded in 2004/2005; and the department was proposing
the hiring of a new Fire Chief. Mr. Pressey explained that there was an -
increase in the Police Department Budget. The increase was for two new
Deputies and a increase in contract rates of 5 %.
Mayor Magee clarified the presentation given by Police Chief Fetherolf and
he had suggested going to 115 hours for three Deputies, he had use an r 1
Agenda Item No. - C,
Page —L of _2,
PAGE SEVEN — STUDY SESSION — APRIL 12, 2005
amount of $574,000. Mayor Magee indicated that if the Council had
decided to entertain that suggestion there would be another $200,000 added
to that bottom line figure, so the City would not have saved any money. Mr.
Pressey agreed with Mayor Magee. Mr. Pressey indicated that the budget
included $6.3 million out of the General Fund and another $200,000 out of
the Lake Department that covered the full general law- service.
Councilman Hickman requested clarification that the Lake & Aquatic page
carried $200,000. Mr. Pressey clarified. Councilman Hickman questioned
why that figure was not in the total General Fund. Mr. Pressey indicated
that it was in the General Fund, he noted it was split between the
Departments. He explained that it was to fund 1 Sergeant and 1 Deputy for
Lake Operations at an unsupported rate. Mr. Pressey referred to page 63.
He indicated that it reflected a summary that included all the police services.
Mr. Pressey indicated that the Community Development Department had
increased and was the third of the major increases. He indicated that the
largest portion of the $593,000 increase was related to mid -year budget
adjustments for vacancies; and there was an increase in contractual services.
He indicated that each Division's budget was included in the report.
Mr. Pressey indicated that Community Services Department did increase the
funding for street maintenance with funds from Gas Tax and Measure A.`He
noted that vehicles were removed from their budget; and the one -time
2004/2005 for street projects and park seeding project; and the projects
would not be continuing into next year's budget. He noted they had a total
decrease of $85,000 for this year's budget. Administrative Services Director
Pressey noted the decreases in other departments.
Mr. Pressey commented on vehicle replacement. He indicated that it would
be one -time capital items. The vehicles listed were not vital to the
operations. He indicated that the Fire Department had requested a vehicle
for the Fire Chief.
�1 Mr. Pressey commented on positions. He indicated that the Community
Development Technician position should be in the budget and staff would
Agenda Item No. I ' C'.
Page-7 of 1 �t`
PAGE EIGHT — STUDY SESSION — APRIL 125 2005
bring that back later;. and it was already.funded through contractual services.
He further indicated that the City would save money because of the
contractual rate vs. salary and benefits. Mr. Pressey noted that Council
requested more code enforcement.
Councilman Hickman questioned the salary and benefits for new personnel.
Mr. Pressey explained that the benefits were 45% of the salary; which
included workers' compensation, Calpers; medical, etc.
City Treasurer, Weber,commented on the DAG Fee's. He indicated that
Forecast Homes was paying $2,000 per. unit, DEH was paying $5,OOO.per
unit, and KB Homes was paying $3,000 per unit. He questioned the
difference in the dollar amounts. City Attorney Leibold explained that many'
of the Development Agreements were negotiated at different times and
different DAG Fee's were negotiated. She further explained that in different
cases the fees might be higher because the developer might be providing
fewer benefits, whereas in other cases the developer might be providing-
public improvements or other amenities. She noted that there were no
established.set fees.
City Treasurer Weber commented that he had suggested a financial advisor
in the past to review bond rates. He suggested an RFP. Administrative
Services Director Pressey agreed with the City Treasurer. He indicated that
the CFD funds were currently doing well. He explained that he had been
approached by brokers and had been in discussion with different brokers.
He indicated that staff had three brokers that had filled out the Broker Dealer
Questionnaire per the Investment Policy and had provided all the required
certificates. He indicated that the funds were related to the CFD's; as the
General Fund did not have a big cash balance, so a smaller portion than he
anticipated could be invested.
City Treasurer Weber commented on the organizational chart. He indicated
that normally a company would review their organizational structure. He
suggested reviewing the City's organizational Chart.
. Agenda Item No. I Cy. .
Page_ of��
(� PAGE NINE — STUDY SESSION — APRIL 12, 2005
Councilman Buckley questioned if staff had'sp'oken to the City of Canyon
Lake regarding cost sharing of the Fire Station. Administrative Services
Director Pressey explained that Chief Anthony had a- regional plan and was
going to be presenting that plan to Canyon Lake `to share'in the Canyon Hills
Fire Station. Councilman Buckley indicated that the Fire Department
Budget was proposing a Fire Chief and questioned if one was needed. Mr.
Pressey indicated that it would increase the service level from a management
stand point. Mr. Pressey advised the position could be postponed until later
and still be manageable.
Councilman Buckley indicated that there was $170,000 budgeted for
2004/2005 LEAF and they were paid $90,000: He questioned the
whereabouts of the .$80,000 left over: Community Services Director Sapp
indicated that there was additional money place in the budget. He indicated
that the JPA had there first meeting and there would stipends and other cost.
Mayor Magee questioned the $80,000 for the current; and if it was going to
be placed in unallocated revenues. Mr. Sapp indicated that it would be
moved to unallocated revenues. Councilman Buckley suggested that the
$80,000 unallocated revenues pay for the Code Enforcement personnel and a
new pick -up truck; and take $80,000 out of the 2005/2006 budget for a
potential lobbyist. Councilman Buckley suggested creating an ARF Fee to
pay for the Capital cost of building a new animal shelter. He suggested that
it could be a one time fee of $300 for new homeowners.
Mayor Pro Tem Schiffner referred to the'Police Department budget
presentation. He requested clarification of the time vs. hiring a full body.
Administrative Services Director Pressey explained that there was a
difference between a Full Time Equivalent and a full body. He indicated
that Chief had built into the budget two FTE's, which would equate to less
than one person on a full 3 shift's. Police Chief Fetherolf explained that
adding 10 hours of patrol time in a 24 hour period, would be equivalent to
having one body on the street for 1 shift; so fifteen hours would be 1 -1/2
bodies.
Mayor Pro Tern Schiffner commented on the Lake Water Purchase
Agreement. He noted that was a part of an historical agreement between the
Agenda Item No. 19-
Page I of -0-
PAGE TEN — STUDY SESSION - APRIL 12, 2005
City and the Water District. He indicated that the Water District had asked
the City if they would agree with both entities not paying the $650,000 this
year and the City agreed. He indicated that his intent was that the City
would put those funds aside. He indicated that he would like those funds
removed from the allocated revenue. and put it away.
City Attorney Leibold advised that the item before the adoption of the .
budget would come to,the Council under the terms of the Comprehensive
Water Management Agreement. City Attorney Leibold suggested the first
meeting in May. Mayor Magee indicated that the first meeting in June
would allow more information to be brought to Council. Councilman
Buckley indicated that the Water District was not going to budget $650,000.,
Mayor Magee confirmed that; and indicated that the.Water District
requested that the City did the same. Mayor Magee indicated that he agreed
with Mayor Pro Tern Schiffner to bank the money rather than rolling it into .
the budget. He indicated that he was concerned that the 2006/2007 and
ongoing budget reflected a deficit in unallocated revenues. He noted that
there needed to be a clearer picture going forward.
Councilman Hickman expressed his concern regarding LEAF and he felt the
need for a lobbyist. He noted that according to the projection there was
going to be a $7 million deficit in 2009/2010. He noted that this year was
very important to change the tides.
Councilwoman Kelley concurred with Councilman Buckley that Code
Enforcement was part of public.safety. , She expressed her concern about the
888 park. She indicated that the Council needed to make a decision to set
aside or not set aside the $650,000 for the Lake water. She advised that
Council needed to follow the legal advice and legal ramification of that
agreement. She indicated that the Animal Shelter was not listed in the .
budget; and she would have a problem with adding more fees onto new
homes. She indicated that the deficit issue needed to be addressed now.
Mayor Magee indicated that he would like to try to retain the third police
officer; and the Code Enforcement Officer; and the Lead Worker for the
Parks & Open Space Department. He indicated that he would.like to see
Agenda Item No. I C..
Page -W of
PAGE ELEVEN - STUDY SESSION — APRIL` 129 2005
funds set aside for a lobbyist. He indicated that Council had requested in .
December 2004 a list of alternatives for the animal shelter. He indicated that -
staff had not provided those alternatives.
PUBLIC COMMENTS
J.J. Swanson-O'Neal, commented that she attended the budget meeting two
years ago and discussed the lights being lit along Lakeshore Drive. She
commented at the time the Council had suggested she schedule a meeting
with the City Manager, and she did meet with the City Manager. She
indicated that she was told that they were most likely unsafe and they would
never be wired because someday they. would be moved and it would
expensive to relocate the lights. She suggested solar panels and noted that
there were some incentives from Edison for Cities that completed these
types of projects. She further commented that she gave this information to
n the City Manager and did not receive a response. She indicated that she had
spoken with City Manager Brady. She indicated that the wires could be
moved along with the lights; and indicated that the light structures were
unsafe in the current locations in which they are placed. She indicated that
there were residents willing to donate money to help refurbish the structures.
She suggested the money be placed in a fund.
Mayor Magee requested that staff bring forth a rough cost estimate to
energized the lights; and possibly add it to the unfunded capital
improvement projects. He suggested possibly at the end of the Budget
Session the Council could know whether or not that could be included this
year, next year, or in the near future.
Councilman Buckley questioned if there was ,a community trust. City '
Manager Brady indicated that it was never initiated. City Attorney Leibold
indicated that her office had provided memos to City staff regarding the
status of the Foundation. She recommended that it be dissolved and Council
incorporate a new foundation to serve the purposes of the Council. She
noted that there were some unanswered questions. J.J. Swanson - O'Neal
n commented that the palm trees on Railroad Canyon Road were repeatedly
damaged and Council use funds to replace the damaged trees. Mayor Pro
Agenda Item No.
Page I_ of i
PAGE TWELVE —STUDY, SESSION_ APRIL 12, 2005
Tern Schiffrler questioned if the fixtures were on private'properties or public,
right -of -way. ,.
Councilwoman Kelley indicated that the goal was to widen Lakeshore Drive
and put in bicycle trails along the Lake and basketball courts. She noted the
lights would be perfect along the Lake edge once the street was widened and
the improvements were made. She noted the General Plan update and
suggested working through that process for the location and lighting of the
fixtures.
Michael Lewis, 29431 Kalina, commented that it was exciting see so many
people discussing public safety. He indicated that as the Chairman of Public .
Safety Advisory Commission, the Commission would be more than willing
to offer their services, to help at any level of the budget or planning.
ADJOURNMENT
THE CITY COUNCIL/REDEVELOPMENT AGENCY STUDY
SESSION ADJOURNED AT 6:30 P:M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE ,
Respectfully submitted,
Frederick Ray, Deputy City Clerk.
ATTEST:
VICKI KASAD, CMC, CITY CLERK
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
Agenda Item No. I C
Page I )of_L?�_
�rJ
MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, MAY 3, 2005 .
CALL TO ORDER:
Chairman LaPere called the Regular Planning CotnmissiomMeeting to order at 6:02 PM:
PLEDGE OF ALLEGIANCEi
City Manager Brady led the Pledge of Allegiance.
ROLL CALL
PRESENT: COMMISSIONERS: LAPERE, GONZALES, LARIMER
ABSENT: COMMISSIONERS: O'NEAL a
f '
Chairman LaPere noted that Vice Chairman O'Neal was `excused from the meeting as a
result of knee surgery.
Also present were: City Manager Brady, Planning Manages Preisendanz, Deputy City
Attorney Mann, Engineering Manager Seumalo, Associate Planner Coury, Associate Planner
Miller, Associate Planner Resendiz, Associate Planner Reiner and Office Specialist Alexen.
PUBLIC COMMENTS (Non- agendized items)
Tim Fleming, 17970 Lakeshore Dr., noted his concern for manufactured homes placed on
small lots within the City. He requested clarification as to the Code allowing this type of
housing.
CONSENT CALENDAR
Chairman LaPere pulled Item No. 2, Minor Design Review of a two- story, Single - Family
manufactured home for a property located at 16852 Ulmer Street from the Consent
Calendar for further • discussion.
Commissioner Gonzales pulled Item No. 3, Minor Design Review of a Single Family
Residence located at 214 Davis Street from the Consent Calendar for further discussion .
nAgenda Item No.
Page _� of
PAGE 2 - PLANNING COMMISSION MINUTES — May 3, 2005
1. Minutes
a. Regular Planning Commission Minutes of April 19, 2005
MOVED BY LARIMER, SECONDED BY
GONZALES AND PASSED BY A VOTE OF 3 -0 TO
APPROVE THE BALANCE OF CONSENT
CALENDAR.
2. Minor Design Review of a two- story. Single - Family manufactured home for a
property located at 16852 Ulmer Street . . ,r• .
City Manager Brady provided a brief overview of the proposed project and requested
Associate Planner Resendiz review it with the Commission and answer questions.
Associate Planner Resendiz provided an overview of the project.
Marc Aursterlitz, 10046 Corte Dr. La Mesa, stated that he read and understood the staff
report and conditions of approval.
Commissioner Gonzales requested clarification as" to the type of foundation. used for the
house.
Daniel Lopez, 136 San Marcos Place, Chula Vista, indicated that the foundation was a stem -
wall perimeter with a steel frame base.
Commissioner Gonzales requested clarification as to park- in- lieu ,fees. .
City Manager Brady noted that a park -in -lieu fee was a fee for parks assessed to single family
homes.
Commissioner Gonzales noted that Condition No. 33 referenced the incorrect water district
and corrected it to reflect Elsinore Water District. He further clarified Condition No. 50
addressing the frontage fee for off -site improvement and asked where the fee went after it
was collected.
City Manager Brady indicated that the fee went into a fund for future street improvements,
and the City determined where the street would be installed.
Engineering Manager Seumalo noted that density level was a factor in the determination of
where the street improvements would be. He further noted that the Country Club Heights
area had a challenging terrain which required the City to develop an alternate guideline for
that area.
„ Agenda Item No.
Page _ -49—' of A_
N
PAGE 3 - PLANNING COMMISSION MINUTES — May 3, 2005
Commissioner Latimer noted her support for the elevations.
Chairman LaPere noted the General Plan Update currently in process and the direction it
gave the Planning Commissioners when projects were being considered. He addressed the
law allowing manufactured homes in the area; and stated that the Commission was in favor
of manufactured homes which were built to the same 'standard as stick -built homes. He
encouraged enhancements to the structures as staff recommended. He requested supporting
documentation from Elsinore Water District indicating that they could serve the area in the
event of a fire.
MOVED BY GONZALES, ' SECONDED BY
LARIMER AND PASSED BY A VOTE OF 3 -0 TO
APPROVE RESOLUTION NO. 2005 -50,' A
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING A- MINOR DESIGN REVIEW OF A
TWO -STORY SINGLE- FAMILY RESIDENCE
LOCATED AT 16852 ULMER STREET, ASSESSOR
PARCEL NUMBER 378 - 181 -70
/-� 3. Minor Design Review of a Single Family Residence located at 214 Davis Street
( City Manager Brady provided a brief overview 'of the proposed project and requested
Associate Planner Miller review it with the Commission and answer questions.
Associate Planner Miller provided an overview of the project.
Carlo Sampson, 43261 Modena Dr., Temecula, stated that he read and understood the staff
report and conditions of approval.
Commissioner Latimer had no conunerit.
Commissioner Gonzales confirmed that the framework was the same as the home in Item
No. 2.
Chairman LaPere stated that he supported staffs tecommendation and the rendering.
MOVED BY GONZALES, SECONDED BY
LARIMER''AND PASSED BY A VOTE OF 3 -0 TO
APPROVE RESOLUTION NO. 2005 -51, A
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING MINOR DESIGN REVIEW FOR A
SINGLE FAMILY RESIDENCE LOCATED AT 214
1 , Agenda Item No. � • \D ,
Page 3 of�_
PAGE 4 - PLANNING COMMISSION MINUTES — May 312005
DAVIS STREET — APN 374 -121 -008. 1 1 4 (..)
Carlo Sampson .noted the challenges with architectural standards as they relate to
manufactured homes. He invited the Commissioners to visit the manufacturer in order to
see the quality and workmanship that is associated with the manufactured homes produced.
He further noted that.the City staff needed support to assist with the high, number of
projects m process.
PUBLIC HEARING ITEMS
4. Sign Program No. 2005 -01 and Variance No. 2005 -02
Chairman LaPere opened the Public Hearing at 6:27 pm.
City Manager Brady provided a brief overview of the project and requested Associate
Planner Coury review it with the Commission and answer questions. ;
Associate Planner Coury provided an overview and background of the proposed sign
program and variance. He noted that the variance was in relation-to the overall height,
number, and square footage of the freeway pylon signs. He indicated that the freeway
elevation and the pad elevation differed by 25 feet, and the applicant was requesting the
increase in height due to the addition of the Target sign to the pylon sign. The intent of
the variance was to allow the Target sign to be included on the Home Depot sign in order L✓
to decrease the total number of signs on the project site.
Frank Coda, 408 60 St., Huntington Beach stated that he understood the staff report and
conditions of approval; and he had no questions.
Tim Fleming, Lake Elsinore, addressed the signage and requested that the Commission
consider the appearance of the I -15 freeway in the future as it relates to signage., He
noted that he was not opposed to the proposed signage.
Craig Olsen, 15226 Lakeview Cl., requested clarification as to the height of the proposed
sign.
Associate Planner Coury provided clarification as to the location and the heights of the
signs. He noted that Freeway Pylon sign #1 was located at the north -east corner of the
sight and was proposed to be 73'; and Pylon Sign 42 located at the south -east portion of
the sight was proposed to be 88'.
Commissioner Gonzales addressed the height of the sign and indicated that 88' was eight
stories high.
Agenda Item No. t N '
Page 4 of__�
PAGE 5 - PLANNING COMMISSION MINUTES- May 3,2005'
City Manager Brady noted that the Outlet Center sign is 81' high and there was a seven
foot difference between that and the proposed Home Depot sign..
Associate Planner Coury further noted that the difference between the freeway elevation
and the Outlet Center freeway sign is 12 feet, so the Outlet Center sign would be
approximately 7 feet taller.
Commissioner Gonzales clarified the location of the signs and number of signs proposed.
Associate Planner Coury noted that the height of the signs was necessary to inform traffic
on the north -bound side of the I -15 freeway was to indicate to the traffic that the off ramp
was approaching and allow enough time to exit. I ,
Commissioner Gonzales suggested that smaller freeway signs would be nicer.
Engineering Manager Seumalo noted that the freeway signs would be 1200 feet apart.
Commissioner Gonzales noted that one sign was sufficient and one sign out of four
would have Target on it.
Commissioner Larimer indicated that she voted no for SOS signs and that sign was a
( disaster. She further noted her concern for the image of the City. She stated that the
signs were too tall, there were too many and they were'too big. She stated that she could
not support the variance, but the design was nice.
Chairman LaPere requested a motion to continue the item to a future date to allow for
refinement of the proposed sign program. He'reijuested a comparison of this sign to the
Costco/Lowe's sign.
Associate Planner Coury stated that Costco had two freeway pylon signs that were 61 feet
high and a twelve foot difference between pad and freeway elevation. There was
discussion regarding the differences and similarities between the Costco/Lowe's and
Home Depot signs.
Mr. Coda indicated that if they used only one sign for Home Depot, it would not have a
place for Target. He indicated that the height of the signs was negotiable and clarified .
the purpose for the proposed heights.
There being no further business, Chairman LaPere closed the Public Hearing at 6:45 pm.
MOVED BY LARIMER, SECONDED BY GONZALES AND
PASSED BY A VOTE OF-3 -0 TO CONTINUE SIGN PROGRAM
Agenda Item No.
Page S of_�
PAGE 6 - PLANNING COMMISSION MINUTES - May 3, 2005
`.✓
NO. 2005-01 AND VARIANCE NO. 2005 -02 TO PLANNING
COMMISSION MEETING ON MAY 17, 2005.
5. Conditional Use Permit No. 2005 -05 and Finding of Public Convenience and
Necessity for the sale of alcoholic: {beer and wine..)_ beverages at the
approved Gas Station. Mini -Mart and Automated Car Wash located on the
southwest comer of Canyon Estates and Summerhill Drive(s).
Chairman LaPere opened the Public Hearing at 6:46 pm.
City Manager Brady provided a brief overview of the proposed project and requested
Planning Manager Preisendanz review the item with the Commission and answer questions.
Planning Manager Preisendanz introduced Associate Planner Reiner as a new addition to the
Planning Division and noted that the project before them was her project. He provided an
overview of the Conditional Use Permit issued previously and noted 'the additional
conditions of approval. He indicated that the applicant, who was interested in purchasing
the property had applied to the ABC Board for a license, which was pending_ He provided a,
description of the location of the establishment. He further indicated that the ABC Board
had requested a Finding of Public Convenience and Necessity from the City prior to issuing
of the license to the, He indicated that the Chief of Police submitted a letter
stating his objection to the alcohol license, however if ABC issued the license, then he would
support the Type 20 license. He noted that the applicant was willing to provide a barrier ` iJ
between the store and street frontage to enhance prohibition. He noted that hours of
operation would be 5 a.m. to 11 p.m.
Chairman LaPere requested clarification as to the number of licenses ABC had issued in the
area.
Planning Manager Preisendanz indicated that there were three licenses issued per census
tract and two had been issued in this census tract, so a third is available to this applicant.
Nader Rabban, 2681 Hidden Trail Dr., Jamul, . Ca., addressed the traffic issue in the
intersection and indicated that this business would relieve traffic in the area. He provided an
overview of his other businesses, all family owned and operated.
Vida Boice, 17 Pulte Negra, Lake Elsinore, stated her opposition to the project.
Commissioner Gonzales clarified that the project had already been approved, but without
the alcoholic beverage sales option. He stated his opposition to the location being near a
public park.
Commissioner Latimer noted her concern with liquor in'the neighborhood.
Agenda Item No. , �9 .
Page L of — (:I—_
1
PAGE 7 -PLANNING COMMISSION MINUTES —May 3; 2005
Mr. Rabban stated that alcohol was everywhere and the location of his establishment would
reduce traffic issues. He noted the barrier would discourage people from crossing the street
into the park.
Commissioner Latimer noted that she heard him say that if he sold alcohol at the corner it
would solve traffic issues.
Mr. Rabban clarified that the convenience of the establishment would relieve traffic.
Commissioner Latimer stated that the project had been previously approved without alcohol
sales permitted.
Michael Mead, 361 -C Railroad Cyn Rd. provided a brief overview of the background of the
previously approved project, which did not allow alcohol sales. He indicated that the
purpose of this request to allow alcohol sales would encourage the'business owner to make
additional improvements to the establishment.
Commissioner Latimer stated that what she heard Mr. Mead encourage was drinking and
driving. She stated that what she heard Mr. Mead say was that there was under age kids, a
park and alcohol. She asked Mr. Mead to make her hear something different.
There was discussion as to the different facets of the proposed business.
Joe Boice, Tuscany Hills, stated his concern for the local park and children attempting to
cross the street for snacks.
Chairman LaPere requested clarification as to ABC's requirement relative to residents.
Planning Manager Preisendanz stated that ABC had requested the City to make a Finding of
Convenience and Necessity. He noted that the project met the requirements for the
establishment to be 100 feet from residents and 600 feet from a park. He further noted the
additional enhancements to the convenience store and the willingness of the applicant to
work with staff.
Chairman LaPere clarified that the project had been approved prior to this meeting, but
without the beer and wine sales. There was discussion regarding the impact that the sales of
beer and wine would have on the success of the convenience store.
Commissioner Gonzales asked if the sale of the business would terminate.if the request for
alcohol sales was denied.
Mr. Raddan confirmed.
There being no further business, Chairman LaPere closed the Public Hearing at 7:22 m
nAgenda Item No.
Page of __CL
PAGE 8 - PLANNING COMMISSION MINUTES —. May 3, 2005. .
Chairman LaPere asked if. the .Commission could take a position as it relates to the City
Council.
City Manager Brady stated that a Conditional Use Permit was final at the Planning
Commission, but the applicant may file an appe4to,City Council in the event of a dental.
MOVED BY LAPERE, BUT THE ITEM FAILED DUE TO LACK
OF A SECOND TO APPROVE CONDITIONAL USE PERMIT NO.
2005 -05 AND FINDING OF PUBLIC .CONVENIENCE AND
NECESSITY FOR THE SALE OF ALCOHOLIC (BEER AND
WINE) BEVERAGES AT THE APPROVED GAS STATION,
MINI -MART AND, AUTOMATED CAR WASH LOCATED ON
THE SOUTHWEST CORNER OF CANYON ESTATES AND
SUMMERHILL DRIVE(S).
Chairman LaPere noted that the applicant had ten days to appeal the denial to the City
Council.
BUSINESS ITEMS
NONE
INFORMATIONAL
NONE
STAFF COMMENTS
City Manager Brady commented on the following
• Welcomed Jenifer Reiner to the Planning Division staff.
PLANNING COMMISSIONER COMMENTS
Commissioner Latimer commented on the following:
• Welcomed Jenifer Reiner to staff;
• Stated that her decision was not personal.
Commissioner Gonzales commented on the following:
• Stated that he hoped that the applicant went forward with his car wash project;
Agenda Item No.
page 'Z� of
PAGE 9 - PLANNING COMMISSION MINUTES — May 3, 2005
1
• Welcomed Jenifer Reiner to the Planning staff.
Chairman LaPere commented on the following:
• Thanked the residents for attending the meeting.
• Thanked staff for their efforts in providing the Commission with thorough and
complete information so that they could make a strong decision on proposed
projects;
• Welcomed Jenifer Reiner and wished her good luck;
• Suggested that the applicant go forward with item to the City Council and not get
discouraged with the lack of approval from the Planning Commission.
ADJOURNMENT
THERE BEING NO FURTHER BUSINESS, CHAIRMAN LAPERE
ADJOURNED THE MEETING AT 7:28 PM ON MAY 3, 2005.
Respectfully Submitted,
Lisa C. Alexen
Office Specialist III
ATTEST:
Robert A. Brady, City Manager
1
Ron LaPere, Chairman
Agenda Item No. _t- _
Page 1 of�
r,
n MINUTES
PUBLIC SAFETY ADVISORY COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
WEDNESDAY, APRIL 13, 2005
CALL TO ORDER
Chairman Lewis called the Public Safety Advisory Commission Meeting to
order at 6:00 p.m.
ROLL CALL
PRESENT: COMMISSIONERS:,, ARNOLD, HEWISON,
KNIGHT, LEWIS
ABSENT: COMMISSIONERS: VACANT,
Also present were: City Manager Brady, Community Services Director
Sapp, Police Lieutenant Bates, and Clerk of the Board Ray.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice Chairman Arnold.
PUBLIC COMMENTS
None.
CONSENT ITEMS
1. The following Minutes,were approved With minor corrections:
a. Public Safety Advisory Commission Meeting - February 9, 2005.
b. Public Safety Advisory Commission Meeting - March 9, 2005.
Agenda Item No.
Page-Lof b
Page Two — Public Safety Advisory Commission Minutes — April 13, 2005
Chairman Lewis indicated that the Commission did not receive the March 9"'
minutes until late afternoon. He indicated that was unacceptable for that did
not allow the Commission enough time to review the minutes.
MOVED BY ARNOLD; SECONDED BY HEWISON AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
CONSENT CALENDAR WITH CORRECTIONS TO THE MINUTES.
BUSINESS ITEMS
21. Resignation Letter from PSAC Commissioner Daniel Uhlry.
City Manager Brady gave an overview of 'the item.
Vice Chairman Arnold questioned if Chairman Lewis could be
reappointed to the position without competition. City Manager Brady
indicated that he could be reappointed, but he would need to reapply. �•✓
MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE
THE REPORT.
22. Proposed Procedure for processing Citizen's Requests relating to Public
Safety.
Chairman Lewis indicated that the goal was for the Commission to be able
to receive information from the citizens.
Vice Chairman Arnold expressed his concerns with the possibility of the
system working if there was going to be an ongoing problem with materials
being received in a timely fashion. City Manager Brady indicated that staff
works very hard at getting the staff reports out in a timely manner. Mr.
Brady indicated. that in regard to this particular-item staff would be
responding and would be providing to the Commission the response and
concerns on a monthly basis.
Agenda Item No. I.C.
Page_,g, Q
Of t�
r
(',age Three — Public Safety Advisory Commission' Minutes — April 13, 2005
MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY `
UNANIMOUS VOTE OF THOSE PRESENT TO- RECEIVE AND FILE
THE REPORT. s
23. Proposed Guidelines and fret uency of PSAC Renorts'to the City Council. -
Chairman Lewis gave an overview of the item. He indicated that thee{
Commission would like to provide a report to the Council at the closest
meeting following the Commission meeting; and that he had requested that
the City Clerk block time for a presentation.
Commissioner Hewison deferred` to the City Manager for a response to the
request. City Manager Brady questioned' if that "Would 'be a verbal- update
provided by-the Commission. Chairman Lewis indicated that would be a
presentation by a Commissioner. City Manager Brady indicated that the
(1 City Council did receive a copy of the PSAC minutes. He indicated that if
the Commission wished to make a'few'comments it could possibly be done
with a 3 minute request to speak.
MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE "
THE REPORT. _
24. Skate Park Exhibition Policv and consistencv with Dosted Safetv Rules.
Chairman Lewis gave an overview of the item. He indicated that after
speaking with the McVicker Skate Park Manager he was informed that it
was their goal to help clean-up and create a safe environment. He indicated
that they had spoken about providing signage` explaining`the laws relating to
the use of helmets. _
Mark Lowery; Action Parks Alliance, indicated that he had been contracted
through Action Parks Alliance.to manage the skate park. He gave the
Commission a pamphlet with the goals of his program for the skate park.
n He indicated that the pros did not feel as though they needed to wear a
helmet. He indicated that at a lot of different city skate facilities that were
Agenda IteVi No. —I-1 _C1
Page 3 Of
Page Four —Public Safety Advisory. Commission Minutes ,- April 13, 2005
not operated by management they were all to ride without a helmet.
Commissioner Hewison recited the Ordinance relating to- helmets. Vice
Chairman Arnold expressed his concerns with children watching the
performances and not wanting to wear a helmet because their hero did not
wear a helmet: • Mr. Lowery, explained that the helmet was no longer, an
issue, the professionals would wear helmets. He indicated that they were in
the process of scheduling three upcoming events at the park.
Chairman Lewis explained what he had seen when he visited the skate park.
He indicated that it concerned him greatly.
Mr. Lowery indicated that he had been a skate park owner for 7 years and
his staff knows.that;no one is allowed to skate without a helmet. He
indicated that a higher police presence would, most likely eliminate a lot of
issues taking place, in the parking lot.
Community Services Director Sapp indicated that the - helmet was a very
important issue. He noted that elbow and knee pads were not required. He
indicated that anyone that skates at the park should be wearing a helmet.
MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED"BY
UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE
REPORT.
25. Report on Neighborhood Watch Meeting, March 24 2005.
Valerie Sund, Lake Elsinore commented on the meeting which she hosted.
She noted some of the issues of concern in her neighborhood. She
commented on sex offenders in the Lake Elsinore, area..She'thanked the
Commission for their attendance at the meeting.
Chairman Lewis indicated the Meeting had brought out a number of
concerned neighbor's. He indicated that.the Police Department did a great
job.
Agenda Item No. 1 -L
Page__4_Of O
age Five — Public Safety Advisory Commission Minutes - -April 13, 2005
MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE
REPORT.
26. Status of PSAC Reauests (action to
City Manager Brady gave an overview of the item. He noted the letter
submitted by Jimmy Flores with concerns of street sweeping and trash pick
up; and the issues that occur when there was a holiday and the trash was
picked up the following day. City Manager Brady explained that citizens
believed that if the trash pick up was a day late then the street sweeper'
would be a day late; and with the confusion the City decided it was better
not to sweep the street thatweek.
City Manager Brady indicated that the Mayor had met with Mr. Fleming in
n regard to code enforcement complaints along the lake shore area. He
indicated that there had been some properties with docks that were not
repairable. He indicated that one dock was removed by the City after the
owner was informed that the dock was a hazard; and the owner did not
comply with the removal of the dock. He indicated that action had been
taken by the City on some of the code violation issues along the lake shore.
Commissioner Hewison commented on buffer zones. City Manager Brady
indicated that the buffer zone might be appropriate for a lake that was stable
in its elevation where the shoreline did not change a lot, but terms in how the
property might be used was more of a land use issue. City Manager Brady
indicated that it was a`code enforcement issue.
Commissioner Hewison commented on the Tuscany Hills memo. He
commented on a letter dated September 290''2004, regarding a speed limit
sign on Via Del La Valle and Via Valtelena.' City Manager Brady indicated
that the signs would be installed.
MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY
(-'F4NANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE
SPORT.
Agenda Item No. �(-7—C..
Page Of 6
Page Six — Public Safety Advisory Commission Minutes - April 13, 2005
27. City Council Actions pertaining to PSAC.
No comments.
MOVED BY ARNOLD, SECONDED BY HEWISON AND. CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE
REPORT.
28. Budget Status.
City Manager Brady gave an overview of the item. He commented on the
upcoming Budget Study Session. He also commented on a memo provided
to him by the Chief of Police regarding the need for. more sworn officers.
MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE
REPORT.
CITY MANAGER COMMENTS
No comments.
COMMISSIONERS COMMENTS
Vice Chairman Arnold commented on the lateness of the agenda and PSAC •
Minutes. He commented that in order to consider the reports and issues
involving the PSAC he would need time to review the Agenda and staff reports.
City Manager Brady - explained that there were also other obligations that staff has
to contend with; and sometimes take precedence over other issues. He
apologized-for the lateness of the agenda.
Chairman Lewis stressed that the PSAC needed to know about events that
involved safety issues in the City.
Agenda Item No. t - CQ
Page�of p
FI
age Seven — Public Safety Advisory Commission Minutes - April 13, 2005
MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE
REPORT.
Vice Chairman Arnold commented that he submitted a letter to the Mayor
suggesting that he consider the City Council and Commissions having group
pictures taken, so citizens could identify the faces of local government.
Chairman Lewis commented that he would like to see other emergency services
within the City represented at the meetings. He suggested limiting the
Commissioners concerns to one each for the next agenda. He complimented
Information/Communications Manager Dennis.
ADJOURNMENT
n THE PUBLIC SAFETY ADVISORY COMMISSION MEETING WAS
ADJOURNED AT 7:55 P.M.
MICHAEL LEWIS, CHAIRMAN
PUBLIC SAFETY ADVISORY COMMISSION
Agenda Item No,
Page 1 Of LS
Page Eight — Public Safety Advisory Commission Minutes — April 13, 2005
Respectfully submitted,
FREDERICK RAY, DEPUTY CLERK OF THE BOARD
ATTEST:
VICKI KASAD, CMC, CLERK OF THE BOARD/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
Agenda Item No. l - (-
Page R_Of 9"
r
MAY 16. 2005 CITY OF ]LAKE ELSINOR E WARRANT
SUMMARY
FUND# FUND DESCRIPTION TOTAL
100
GENERAL FUND
$ 813,779.68
102
_
L.L.E.B.G. PROGRAM FUND
4,012.71
105
MISCELLANEOUS GENERAL PROJECT FUND
27,004.68
110'
STATE GAS TAX FUND
816.82
115
_ _ _ _
TRAFFIC SAFETY FUND
65.00
130
LIGHTING / LANDSCAPE MAINTENANCE FUND
65,867.95
150
_
C.D.B.G. FUND
24,913.57
205
TRAFFIC IMPACT FEE FUND
24,374.51
356
_
A.D. 90 -1A DEBT SERVICE FUND
846.60
363
C.F.D. 88 -3 III(A)/97 SERIES A DEBT SERVICE FUND
750.00
364
C.F.D. 88 -3 111(13)/97 SERIES B DEBT SERVICE FUND
1,609.43
365
C.F.D. 98 -1 (SUMMERHILL IMPROVEMENTS) DEBT SERVICE FUND
1,293.97
368.
C.F.D. 2004 -2 VISTA DE LAGO DEBT SERVICE FUND
9,650.00
610
KANGAROO RAT TRUST FUND
205.00
620
COST RECOVERY SYSTEM
5,491.81
GRAND TOTAL $ 980,681.73
5/17/2005 WARRANT 051605
AGENDA ITEM NO.
PAGE I OF
MAY 16, 2005 CI'T'Y OF LAKE ELSINORE WARRANT LIST
CHECK#
VENDOR NAME
AMOUNT
81566
STANDARD INSURANCE COMPANY
$ 308.29 �J
81711
PRE -PAID LEGAL SERVICES, INC.
171.35
81712
_ _
LIUNA LOCAL 777
583.00
81713
THE L.W. OF N.A.
2,141.40
81714
_
VISION SERVICE PLAN
1,154.12
81715 -
_
FORTIS BENEFITS
7,332.64
81717
CALIFORNIA P.E.R.S.
3,441.38
81718
UNITED STATES POSTAL SERVICE_
200.00
81719
JAMES L. HUNTINGTON
75.00
81720
_
ALTURA CREDIT UNION
1,175.00
81721
I.C.M.A. RETIREMENT TRUST
4,249.56
81722
STANDARD INSURANCE COMPANY
2,270.47
81723
STATE COMPENSATION INSURANCE FUND
21,310.44
81724
CALIFORNIA P.E.R.S.
27,971.19
81725
COUNTY OF RIVERSIDE, BOB DOYLE, LAKE ELSINORE SHERIFF STATION
17,563.55
81726
DEPARTMENT OF CONSERVATION
5,015.39
81728
VOID
0.00
81729 -81732 A & A JANITORIAL SERVICE
7,922.62
81733
ACCENT AWNINGS
7,334.00
81734
ALL PHASE REFRIGERATION & AIR CONDITIONING, INC.
1,746.50
81735
AMERICAN BATTERY SUPPLY
70.58
81736
AMERICAN FENCE COMPANY, INC.
120.00
81737
AMERICAN FORENSIC NURSES
252.50
81738
ERICA ANDERSEN
330.75
81739
ANIMAL FRIENDS OF THE VALLEY
7,500.00
81740
BANK OF AMERICA /06191 !CITY MANACFRI
Aor As
19129
AMERICA (8314) (Cl
1N & HENIGAR. INC.
81747 BOATS PLUS 1.157.40
81761 DELT BUILDERS _ _ _ _ _ 24,393.57
81762 DO IT CENTER 34.82
K. UUNAHUt, AIGY
81765 DRESCO REPRODUCTION, INC. 278.40
81766 -81767 E. V. M. W. D. 5a_ as
81768 _ E.S. BAB_COCK_& SONS, INC. 600.00
5/17/2005 WARRANT 051605 AGENDA ITEM NO.
PAGE L OF
MAY 16, 2005 CITY OF LAKE ELSINORE WARRANT LIST
n CHECK# VENDOR NAME;" AMOUNT
81784 PATRICIA GONZALEZ 15.00
81797 HI -POINT ENGINEERING 2,530.00
1 81798 INLAND EMPIRE MANAGER'S ASSOC. 25.00
81803 LAKE CHEVROLET 24.86
81804 LAKE ELSINORE MATERIALS 60.34
81811 MBIA MUNISERVICE COMPANY 375.00
81812 MCMASTER -CARR 672.33
RiA[8
81814 MICHAEL BRANDMAN ASSOCIATES 4,170.02
81815 LINDA M. MILLER 5,250.00
81816 MOBILE SATELLITE VENTURES, L.P. 73.39
81817 _ 1,432.50
81818 NBS GOVERNMENT FINANCE GROUP 4,500.00
81819 NELSON
81820
81821 PACIFIC TRUCK EQUIPMENT , INC. _ 1,335.43
81822 DENNIS A. PETERSEN D.O _ ., INC. _ _ 200.00
8182_3 - 8.182_4 PETTY CASH _ _ 380.31
81K-5 PM SERVICES 2,008.50
5/17/2005 WARRANT 051605
508.45
4ZS.4U -
AQENDA ITEM NO.
PAGE OF Li
MAY I6, 2005 CITY OF LAKE ELSINORE WARRANT LIST
CHECK#
VENDOR NAME
AMOUNT
81833 QWESTCOMMUNICATIONS _ 461.63
81834 RAGAN COMMUNICATIONS, INC. 28.88
81842 ROBBINS PEST MANAGEMENT, INC. 250.00
81843 SAFETY -KLEEN SERVICES, INC. 157.96
81844 DAVID S. SOLOMON 3.705.00
81851 STAUFFER'S LAWN EQUIPMENT 530.52
81852 PEGGY J. STORAASLI 363.00
81853 BOB STOVER, INC. 4,670.72
lall
81854 SUNWEST SPORTS, INC. 169.07
81855 TEAM AUTOAID, INC. 38.06 ;
81856 TEMECULA COPIERS 529.50
81857 TEXTRON FINANCIAL CORPORATION 987.13
81858 TOMARK SPORTS, INC. 355.01
81859 TRAFFIC GUARD DIRECT, L.L.C. _ 644.95
81860 UNITED PARCEL SERVICE 60.41
81868 VERIZON ONLINE 165.50
81869 VIMON'S WEST. INC. 11.700.00
81870
WAXIE SANITARY SUPPLY
145.72
81871
WEST COAST ARBORISTS, INC.
23,127.80
81872
WEST COAST WINDOW CLEANING
450.00
_
81873
WESTERN BANK OF CHINOOK
2.607.49
81874 WESTERN HIGHWAY PRODUCTS, INC. 717.04
81875 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 319,200.00
81876 WILCOX. MILLER & NELSON 7.129.75
',:3Klrl
TOTAL
$ 980,681.73
04/29/05 PAYROLL TAXES 40,273.65
04/29/05 PAYROLL CASH 94,493.49
05/13/05 PAYROLL TAXES 41,893.14
05/13/05 PAYROLL CASH _ _96,443.82
GRAND TOTAL $ 1,253,785.83
5/17/2005 WARRANT 051605 AQENDA ITEM NO.
PAGE H OF 4
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL. .
FROM: ROBERT A. BRADY,'CITY MANAGER
DATE: MAY 249 2005
SUBJECT: APPROPRIATION LIMITS FIY 2005 -06 (PROPOSITION 4)
BACKGROUND
r.
Article XIIIB of the State Constitution specifies that the City can annually increase
its appropriation limits by a factor comprised of the change in population combined
with either the change in California per capita personal income or the local
assessment roll due to local non - residential construction.
DISCUSSION
Changes are as follows:
California Per Capita Personal Income 5.26%
Assessment Roll Increase due to non - residential construction Not available
State Department of Finance- Population 38,045 @ 1 /l /05 5.71%
FISCAL IMPACT
This population increase should result in an increase in State Subventions that are
calculated on a per capita basis.
Adopt Resolution No. 2005 -q -1 setting the City's F/Y 2005 -06 appropriation
(� limit at $41,203,279.
AGENDA ITEM NO. J
PAGE OF
REPORT TO CITY COUNCIL
MAY 24, 2005
PAGE 2
IMMALIWAIF
yI
REVIEWED BY: ® /
MATT N. PRESSE
DIRECTOR OF A MI
APPROVED FOR-
AGENDA BY: (/
Clff MANAGER'S O
TIVE SERVICES
AGENDA ITEM NO. 3-
PAGE 4;� OF
Q.$)
(.6J
RESOLUTION NO. 2005 = y
'A RESOLUTION OF.THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE
APPROPRIATIONS ,LIMIT FOR FISCAL YEAR 2005 -06
FOR THEE CITY OF LAKE ELSINORE IN ACCORDANCE
WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF
THE CALIFORNIA GOVERNMENT CODE.
WHEREAS Article XIII B of the Constitution of the.State of California
as proposed by the Initiative Measure approved by the people' at the - special
statewide election held on- November 6, 1979 and amended in June,. 1990 by the
people of the State of California (Proposition 111), provides that the total annual
appropriations, subject to limitations of each local government shall not exceed the
appropriations limit of such entity for the prionyear adjusted for changes in the cost
of living and population except as otherwise specifically provided for in said
Article; and
WHEREAS Section 7910 of the Government Code provides that each
year the governing body of each local jurisdiction shall, by resolution; establish its
appropriations limit for the following fiscal year pursuant to Article XIII B at a
regularly scheduled meeting or a noticed special meeting and that fifteen days prior
to such meeting, documentation used in the determination of the appropriations
3
AGENDA ITEM NO.
PAGE OP
limit shall be available to the public; and Qs/
WHEREAS Proposition 111 as approved by the voters of the State of
California, requires a, recorded vote of the City council regarding which of the
annual adjustment factors have been selected'each year; and
WHEREAS at the time of adoption of this' resolution, data necessary to
calculate the increase in the non - residential assessed valuation was not available
from the County Assessor's office; and.
:WHEREAS Section 7902(d) of the Government Code sets forth the,
method of determining the appropriations limit for each local jurisdiction for the
2005 -06 fiscal year; and f 1
WHEREAS the City Council of the City of Lake Elsinore wishes to. �•✓
establish the appropriations limit for fiscal year 2005 -06 for the City of Lake
Elsinore.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elsinore, California, as follows :,
Section 1: That it is hereby found and determined that the
documentation used in the determination of the appropriations limit for the City of
Lake Elsinore for fiscal year 2005 -06 was available to the public in the Finance - `-
Department of said City at least fifteen days prior to this, date:
AQENDA ITEM�u.{NO.
PAGE - 9 OF
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Section 2: That the growth in California Per Capita Income and City
Population were selected for`the 2005 -06 fiscal year.
Section 3: That there may be a need to amend the inflation factor
selected and adjust the appropriations limit once the.non- residential assessed
valuation data becomes available from the county Assessor's Office.
Section 4: That the appropriations limit for the City of Lake Elsinore
4
as established in accordance with Section 7902(a) of the California Government
Code is $41,203,279.
ADOPTED by the City Council and signed by the Mayor and attested by
the City Clerk this 24th day of May, 2005.
AGENDA ITEM NO. 3
PAGE_Z OF `�
Mayor of the City of Lake Elsinore
Attest:
Vicki Kasad, City Clerk of the City of Lake Elsinore
I, Vicki Kasad, City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing resolution was duly and regularly introduced and
adopted by the City council of said City at its meeting held on the 24th day of May,
2005, by the following vote, to witness:
Ayes:
Noes:
Absent:
IN WITNESS HEREOF I have hereunto set my hand and affixed the
official seal of the City of Lake Elsinore, California, this day of
Vicki Kasad, City Clerk of the City of Lake Elsinore
/ GMA REM NO. 3
(r
PAGE b OF(_
(.$)
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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 24, 2005,
SUBJECT: CDBG FUNDING /COOPERATION AGREEMENT
FISCAL YEARS 2006 -07; 2007 -08; AND 2008 -2009
BACKGROUND
The current cooperation agreement with the County of Riverside for participation in
the Community Development Block Grant (CDBG) funding program will expire on
June 30, 2006. Every three years the County is required to re- qualify as an Urban
County through HUD, and it is through this process that the annual CDBG entitlement
funds are established for participating cities such as Lake Elsinore.
DISCUSSION
Execution of the attached agreement ensures the City's continued participation in the
CDBG and HOME Program for fiscal year 2006 -2007 through 2008 -2009. There are
no material changes between the proposed agreement and the current agreement.
FISCAL IMPACT
Although the funding levels are unknown at this rime, execution of this agreement
guarantees that the City will be entitled to continued CDBG Program resources.
It is recommended that the Mayor and City Council authorize execution of the
Cooperation Agreement with the County of Riverside allowing the City to participate in
the CDBG Funding Program for fiscal years 2006 -07; 2007 -08; and 2008 -2009.
AGENDA ITEM NO.�_ _
PACs' ( OF a
REPORT TO CITY COUNCIL
MAY 24, 2005
PAGE 2
PREPARED BY:
D W.SAPP
APPROVED FOR
AGENDA BY: 1,4zlz
(.r)
is OF��CE
COMMUNITY SERVICES
AGENDA ITEM NO. q_
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CO- OPERATION AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDS
` FOR FISCAL YEARS 2006 -07, 2007-08, 2008 -09
COUNTY OF RIVERSIDE of the' State of California, hereinafter referred 'to as
"COUNTY ", and C ity o f Lake E lsinore an incorporated' municipality within the geographical
boundaries of the COUNTY, hereinafter referred to as "CITY ", mutually agree as follows:
WHEREAS, the Housing and Community Development Act''of 1974,, as amended
(Public Law 93 -383), hereinafter called "ACT" provides that Community Development Block
Grant, hereinafter referred to as "CDBG ", funds may be used for the support of activities• that
provide decent housing and suitable living environments and expanded economic opportunities
principally for persons of low and moderate income; and
WHEREAS, the HOME program authorized by the HOME Investment Partnerships Act
(HOME) was enacted as Title It of the National Affordable Housing Act of 1990, has as its
purposes: to expand the 'supply of decent affordable housing for low and very -low income
families with emphasis on rental housing; build State and local capacity to carry out affordable
housing programs, and provide for coordinated assistance to participants in the development of
affordable low- income housing; and
WHEREAS, CDBG regulations require counties to re- qualify as an Urban County under
the CDBG program every three year's; and
WHEREAS, the execution of this Agreement is necessary to include CITY as a
participating unit of general government under COUNTY `s Urban County CDBG and HOME
program.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the
mutual benefits to be derived there from; the parties agree as follows:
1. GENERAL,
This Agreement gives COUNTY authority to undertake or assist in undertaking
activities for Fiscal Years 2006 -07, 2007 -08, 2008 -09, which will be funded from the CDBG
Page 1 of 10
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I program, the HOME Investment Partnership program, and from any program income generated
2 from the expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or
3 assist in undertaking, community renewal and lower income housing assistance activities,
4 specifically urban renewal and publicly assisted housing. COUNTY is qualified as an "Urban
5 County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election
6 to participate in an Urban County Community Development. Block Grant program, hereinafter
7 referred to as "CDBG program'!.
8 By executing this Agreement, CITY understands that it may not apply for grants
9 from appropriations under the Small Cities or State CDBG Programs for fiscal years during the
10 period in which it participates in the Urban County's CDBG program and that CITY may
11 participate in a HOME program only through the Urban County not a consortium.
12 2. TERM.
13 The term of this Agreement shall be for not less than a period, of three (3) years
14 commencing on July 1, 2006 and extending through the federal fiscal years 2006 -2009, which
15 ends June 30, 2009, unless an earlier date of termination is fixed by U.S. Department of Housing
16 and Urban Development, hereinafter called HUD, pursuant to ACT. The terms of this
17 Agreement shall remain in effect until the CDBG (and HOME, where applicable) funds and
18 program income received with respect to activities carried out during the three -year qualification
19 period are expended and the funded activities completed, and that neither the,COUNTY nor the
20 CITY may terminate or withdraw from the Co- operation Agreement while it remains in effect.
21 3. PREPARATION OF FEDERALLY REQUIRED FUNDING
22 APPLICATIONS.
23 COUNTY, by and through its Economic Development Agency, subject to
24 approval of COUNTY's Board of Supervisors, shall be responsible for preparing and submitting
25 to HUD, in a timely manner those reports and statements required by the ACT and the federal
26 regulations promulgated by HUD to secure entitlement grant funding under the. CDBG and
27 HOME program. This duty shall include the preparation and processing of COUNTY Housing,
28 Community and Economic Development Needs Identification Report, Citizen Participation Plan,
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the County Consolidated Plan, Consolidated Annual Performance and Evaluation Report and
other related programs which satisfy the application requirements of ACT and its regulations.
4. COMPLIANCE WITH FEDERAL STATUTES REGULATIONS AND
OTHER APPLICABLE STATUTES REGULATIONS AND
ORDINANCES.
(a) COUNTY and CITY will comply with the applicable provisions of the
ACT and those federal regulations promulgated by HUD pursuant thereto, as the same currently
exists or may hereafter be amended. The COUNTY and CITY will take all actions necessary to
assure compliance with COUNTY's certifications required by Section 104 (b) of Title I of ACT.
COUNTY and CITY will comply with the provisions of the National Environmental Policy Act
of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and
Title 24 Code of Federal Regulations part 570; the Fair Housing Act; Cranston - Gonzales
National Affordable housing Act (Public Law 101 -625); Section 109 Title I of the Housing and
Community Development Act of 1974 (42 U.S.C. §5309); Executive Order 11063, as amended
by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. §4630, et. seq.) and other federal or state
statute or regulation that is applicable to the use of CDBG or HOME Investment Partnerships
Act (enacted as Title H of the National Affordable Housing Act of 1990) funds.
(b) City shall meet the requirements of Section 3 of the Housing and Urban
Development Act of 1968.
(c) CITY agrees that CDBG funding for activities in or in support of CITY
are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or
impedes COUNTY actions to comply with its fair housing certification.
(d) CITY and COUNTY shall meet the citizen participation requirements of
24 CFR 570.301 and provide citizens with:
1. The estimate of the amount of CDBG funds proposed to be used
for activities that will benefit persons of low and moderate income; and
//
"ACEIVI)7�iTEPJ1 N0.
Page 3 of 10 PAGE
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1 I 2. A plan for minimizing displacement of persons as a result of
2 activities assisted with CDBG funds and to assist persons actually displaced as ,a result of such
3 activities.
4 3,- A plan that provides for and encourages citizen participation, with
5 particular emphasis on participation by persons of low and moderate income who are residents of
6 slum and blighted areas and of areas in which funds are proposed to be used, and provides for
7 participation of residents in low and moderate income neighborhoods;
8 4. Reasonable and timely access to local meetings, information and
9 records relating to the grantee's proposed use of funds, as required by the regulations of the
10 Secretary, and relating to the actual use of funds under the ACT;
11 5. Provides for public meetings to obtain citizen views and to respond
12 to proposals and questions at all stages of the community development program, including at
13 least the development of needs, the review of proposed activities and review of program
14 performance, which meetings shall be held-.after adequate notice, at times and locations
15 convenient to potential or actual beneficiaries, and with accommodation for the handicapped;
16 (e) CITY shall develop a community development plan, for the period of this
17 Agreement, which identifies community development and housing needs and specifies both short
18 and long -term community development objectives.
19 (f) CITY certifies, to the best of its knowledge and belief, that:
20 1. No Federal appropriated funds have been paid or will be paid, by
21 or on behalf of the CITY, to any person for influencing or attempting to influence an officer or
22 employee of any agency, a Member of Congress, an officer or employee of Congress, or an
23 employee of a Member of Congress in connection with the awarding of any Federal contract, the
24 making of any Federal grant, the making of any Federal loan, the entering into of any
25 cooperative agreement, and the extension, continuation, renewal, amendment or modification of
26 any Federal contract, grant, loan or cooperative agreement.
27 2. If any funds other than Federally appropriated funds have been
28 paid or will be paid to any person for influencing or attempting to influence an officer or
Page 4 of 10 AGENDA ITEM Nv,__
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employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and, submit standard Form -LLL,
"Disclosure Form to Report Lobbying ", in accordance with its instructions.
3. The CITY shall require that the language of this certification be
included in the award documents fo'r all sub -awards 'at all tiers (including subcontracts, sub-
grants and contracts under grants, loans and co- operative agreements) and that all subrecipients
shall certify and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into.
(g) In accordance with Section 519 Public Law 101 -144, (the 1990 HUD I
Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting
the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non - violent civil rights demonstrations; and that it has adopted and is I
enforcing applicable State and local laws against physically barring entrance to or exit from a
facility or location which is the subject of such non - violent, civil rights demonstrations within its
jurisdiction.
5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTWES.
Policy and program objectives as required by applicable federal regulations for
I the efficient administration of the CDBG program will be adopted by COUNTY'S Board of
I Supervisors, and COUNTY and CITY will adhere to said policy and program objectives.
6. OTHER AGREEMENTS. '
Pursuant to federal'regulations at 24 CFR 570.501(6), CITY is subject to the same
requirements applicable to subrecipients, including the requirement of a written agreement set
forth in federal regulations at 24 CFR 570.503. For each fiscal year during the term of this
Agreement, COUNTY and CITY shall enter into a Supplemental Agreement that will have a
term coinciding with a Program Year and enumerate the project(s) CITY will implement with its
entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion
of said project(s) and any funding sources, in addition to entitlement funds, that will be used in
Page 5 of 10
AGENDA ITEM NO. I
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I completing the project(s). If substantial compliance with the completion schedule, due to
2 unforeseen` or uncontrollable circumstances, cannot be met by CITY, the schedule for the
3 project(s) may be extended. If substantial progress toward drawdown of funds is not made
4 during the term of the Supplemental Agreement, the entitlement funds associated with the
5 project(s) maybe reprogrammed by COUNTY after appropriate notice is g iven t o t he CITY.
6 COUNTY's decision not to extend the completion schedule associated with the project(s) or to
7 reprogram the entitlement funds associated with the project(s) will not excuse CITY from
8 complying with terms of this Agreement. .
9 7. DETERMINATION . OF PROJECTS TO BE FUNDED AND
10 DISTRIBUTION OF ENTITLEMENT FUNDS. .
11 CITY will, prior to the commencement of a Program Year, designate those
12 projects that it desires to implement with its entitlement funds, said designation to comply with
13 statutory and regulatory provisions governing citizen's participation. Said designation is to be
14 reviewed by the COUNTY's Economic Development Agency to determine that the project is
15 - eligible under federal regulations for -funding and inclusion in the annual Consolidated Plan's
16 Action Plan and consistent with both federal and COUNTY policy governing use of Community
17 Development Block Grant (CDBG) funds.
18 COUNTY's Board of Supervisors will, consistent with Paragraphs 3, 4, 5, 6 and 7
19 of this Agreement, determine the distribution and disposition of all. CDBG funds received by
20 COUNTY pursuant to the Act.
21 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL.
22 CITY warrants that those officers, employees and agents retained by it and
23 responsible for implementing those projects funded by CDBG funds have received, reviewed and
24 will follow the Community Development Block Grant Manual that has been prepared by
25 COUNTY and, by this reference, said Manual is.incorporated herein and made a part hereof.
26 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY
27 CONSTRUCTED WITH CDBG FUNDS.
28 When CDBG funds are used, in whole or in part by CITY to acquire real property
(.$)
Q.✓
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or to construct a public facility, CITY will comply with the National Environmental Policy Act
of 1969 (42 U.S.C. § §4321, et seq.), the California Environmental Quality Act (Cal. Pub.
Resources Code § §21000, et seq.), the Uniform Relocation Assistance and Real •Property
Acquisition Policies Act of 1970 (42 U.S.C. § §4630, et -seq.), California Government Code
Sections 7260 `et seq., as those Acts may be amended from time to'time and'any federal or state
regulations issued to implement the aforementioned laws.
In addition, the following is to occur:
(a) Title to the real property shall vest in CITY;
(b) The real property will be held- by or the - constructed facility will be
maintained by the CITY until five years after the date that the CITY is no longer participating
with the County in the CDBG entitlement program and is no longer considered by HUD to be a
part of the Urban County CDBG program
(c) While held by CITY, the real property or the constructed facility is to be
used exclusively for the purpose for which acquisition or construction was originally approved
by COUNTY; '
(d)' CITY shall provide timely notice to COUNTY of any action which would
result in a modification or change in the use of the real property purchased or improved, in whole
or in part with CDBG or HOME funds from that planned, at the time of acquisition or
improvement, including disposition:
(e) CITY shall provide timely notice to citizens and opportunity to comment'
on any proposed modification or change;
(f) Written approval from COUNTY must be secured if the property or the
facility is to be put to an •alternate use that is or is not consistent with federal regulations
governing CDBG funds;
(g) Should CITY desire during the five (5) year period to use the real property
or the constructed facility for it purpose not consistent with applicable federal regulations
governing CDBG funds or to sell the real property or facility, then:
//
Page 7 of 10- ' .AGENDA ITEM NO._
PAt1E--l—O.
1 (1) If CITY desires to retain title, it will have to reimburse either
2 COUNTY or the federal government an amount that represents the percentage of current fair
3 market value that is identical to the percentage that CDBG funds comprised monies paid to
4 initially acquire the property or construct the facility; or
5 (2) " If CITY sells the property or facility or is required to sell the property
6 or facility, CITY is to reimburse either the COUNTY of the federal government an amount
7 which represents the percentage of proceeds realized by the, sale that is identical to the
8 percentage that CDBG funds comprised monies paid to initially acquire the property or construct
9 the facility. This percentage,amount will be calculated after deducting all actual and reasonable
10 cost of sale from the sale proceeds,
11 10.. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE
12 OF CDBG FUNDS.
13 CITY shall inform COUNTY of any, income generated by the expenditure of
14 CDBG funds received by CITY from COUNTY. CITY may not retain any program income so
15 generated. Any and all program income shall be returned to the County and may only be used
16 for eligible activities in accordance with all CDBG requirements, including all requirements for
17 citizen participation.
18 COUNTY has the responsibility for monitoring and reporting to HUD on the use
19 of any such program income, thereby requiring appropriate record keeping and reporting by
20 CITY as may be needed and requested by COUNTY.
21 11. TERMINATION.
22 This Agreement may not be terminated by either CITY or COUNTY, nor may the
23 CITY or COUNTY withdraw from this Agreement or any of the terms of this Agreement.
24 12. FORMER AGREEMENTS UTILIZING CDBG FUNDS BETWEEN
25 COUNTY AND CITY.
26 All agreements between CITY and COUNTY regarding the use of CDBG funds
27 for fiscal years 1975 -76 through 2005 -2006 and any Supplemental Agreements there under, shall
28 remain in full force and effect. If the language of this Agreement is in conflict or inconsistent
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with the terms of any prior said agreements between CITY and COUNTY, the language of this
Agreement will be controlling.
13. INDEMNIFICATION
CITY agrees to indemnify, defend and hold harmless COUNTY and its
authorized officers, employees, agents and volunteers from any and all claims, actions, losses,
damages, and/or liability arising from CITY acts, errors or omissions and for any costs or
expenses incurred by COUNTY on account of any .claim therefore, except where such
indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the
occurrence of any such claims, actions, losses, damages, and/or liability.
CITY shall indemnify and hold harmless COUNTY against any liability, claims,
losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or
its successor that activities undertaken by CITY under the program(s) fail to comply with any
laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY
under this Agreement were improperly expended.
Dated: 2005
ATTEST:
NANCY RAMERO
Clerk of the Board
ATTEST:
COUNTY OF RIVERSIDE
Chairman, Board of Supervisors
By: By:
City Clerk Chief Executive Officer, Mayor
Co- operation Agreement for Community Development Block Grant Funds 2005 -2009
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COUNTY COUNSEL CERTIFICATION
The Office of the County Counsel hereb certifies that the terms and provisions of this
Agreement are fully authorized under state and local law-and that the Agreement provides full
legal authority for the COUNTY to. undertake or assist in undertaking essential community
development and housing assistance activities specifically urban renewal and publicly assisted
housing.
WILLIAM C. KATZENSTEIN
County Counsel
By.
Deputy
C:Nrcmmn atl Sumgi4mUawooPlaAl SaimeATwpoevy imwa FtleroW9LTJOP A6rteven ��
Page 10 of 10
f6A- TTEAfNO� =-
PACE 1 a OF
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TO:
FROM:
DATE:
SUBJECT:
BACKGROUND
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
MAYOR AND CITY COUNCIL
BOB BRADY, CITY MANAGER
MAY 249 2005
CR &R — ANNUAL CONSUMER PRICE INDEX
INCREASE.
A contract was awarded to CR &R, Inc. in June of 1992 to collect and
dispose of all refuse and to collect and process all recyclables in the City of
Lake Elsinore. The contract specifies that rates be adjusted annually to
reflect changes in the Consumer Price Index (CPI) and any increases in the
Riverside County Landfill Fees:.
DISCUSSION
According to the data supplied by the Bureau of Labor Statistics for the year
ending March 31, 2005, the Consumer Price Index for the Los Angeles,
Riverside and Orange County area increased by 4.0 %. This percentage
increase is applied to all operations of CR &R. To calculate the amount, the
City's $.50 recycling fee and the current landfill fee are subtracted from the
current fee. The new CPI percentage is then added to the adjusted current
fee. The CPI increase will result in a $.60 per month increase for residential
refuse collection.
FISCAL IMPACT
The contract specifies that 20% of the Grantee's gross revenues, less landfill
fees, shall be payable to the City at the end of each quarter of the fiscal year.
This rate adjustment will result in an increase in revenue to the City.
AGENDA ITEM N0.
PAf c—�_OF —�o _
REPORT TO CITY COUNCIL
MAY 24, 2005
PAGE 2
RECOMMENDATION
Staff recommends that City Council approve the CPI increase and the
application of new rates for refuse pick -up, recycling and disposal (Exhibit
C) to take effect on July 1, 2005. �j,
PREPARED BY: �r.�7�1 `
TERI FAZZI09 CREATION/TOURISM
MANAGER
APPROVED FOR
AGENDA LISTING:,
ITY MANAG R'S O ICE
AGENDA ITEM N0.
PAGE �OF�
N""
April 25, 2005
Mr. Jon Fazzio
Public Works Superintendent
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Re' Annual Consumer Price Index Increase
Dear Jon:
As a condition of the contract between the City of'Lake Elsinore and CR &R Incorporated, the
rates illustrated in Exhibit "D" shall be adjusted annually to reflect the change in the Consumer
Price Index (CPI).
1 In reviewing the data from the Bureau of Labor Statistics for the year ending March 31, 2004, the
CPI increased by 4 %. Based on the aforementioned, I have prepared the methodology as
prescribed in the contract to pass the increased costs through. I have also prepared a new Exhibit
"D" to reflect the incremental increases that will become effective on July 1, 2005.
Please review the attached and advise me if a meeting is desired or the rates as prepared are
consistent with the contract.
Sinc y,
David E. Fahrion
President
attachments
CR &R INCORPORATED
BOX 1208
.AS. CA 92572
1 /06 GOER ROAD
PERMS. CA 92570
951.943.1991
951.657.5493 Fox
WWW.CPNINC.NEI
recycletl paper
AGENDA ITEM N0. J
PAG` 3 of (n
CITY OF LAKE ELSINORE
Methodoloev
Consumer Price Index - 4%
Schedule of Rates
1. This type of service is no longer offered.
2. This type of service is no longer offered.
3. Service:
$19.03 /month - $.50 SRRE fee - $3.48 landfill fee x 4% _
$ .60,
4. Service:
$8.62 /month - $1.60 landfill fee x 4 %=
$ .28
5. Service:
$8.62 /month - $1.60 landfill fee x 4% =
$ .28
6. Service:
$119.27 /month - $.25 SRRE fee - $29.28 landfill fee x 4% _
$3.59
7. Service:
$88.70 /month - $.25 SRRE fee - $21.73 landfill fee x 4% _
$2.67:
8. Service:.
$78.05/load - $6.76 landfill fee x 4% _
$2.85
9. Service:
$36.70 per each x 4% CPI =
$1.47
10. Service
$212.90 per load x 4% CPI =
$8.37
11. Service
$212.90 per load x 4% CPI =
...$8.37
ti
AGENDA ITEM N0. �r -
PAGt�_OF
i
AGENDA ITEM N0.
PACE OF�_
CITY OF LAKE ELSINORE
EXHIBIT "C"
Schedule of Rates' -
(effective July 1, 2005)
3.
Fully automated single - family residential refuse collection,
recycling, composting, transfer and disposal:.
$ 19.63 per month
4.
Fully automated single- family residential additional refuse;
recycling, and composting container monthly per container
rate:
$ 8.90 per month
5.
Single family residential additional bulky item pick up J
above the minimum of 2 per calendar year:
$ 8.90 per pick up
6.
Commercial, industrial, and multi- family residential refuse
monthly bin rates ( one 3 cubic
yard bin) with the following pick ups per week:
I x week
$122.86
1
2 x week
$219.70
3 x week._
$329.55
4 x week'.
$439.40
5 x week
$549.25
6 x week
$659.10
7.
Commercial, industrial, and multi - family residential refuse
monthly bin rates ( one 1 -1/2
cubic Y and bin ) with the following pick ups per week:
gP P P
1 x week
$ 91.37
2 x week
$172.17
3 x week
$258.27
4 x week
$344.36
5 x week
$430.45
6 x week
$516.69
8.
Temporary 3 cubic yard bin rate:.
$ 80.90 pick up
9.
Redelivery and reinstatement rate:
$ 38.17 occurrence
10.
40 cubic yard roll -off bin rate:
$221.27'+ MRF /landfill fees
11.
10 cubic yard roll - off/lowboy rate:
$221.27 + MRF /landfill fees
i
AGENDA ITEM N0.
PACE OF�_
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AGENDA ITEM NO.
PAGE G_ 'OF _ 0
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MAY 24, 2005
SUBJECT: AUCTION SALE OF SURPLUS EQUIPMENT
BACKGROUND
In accordance with City of Lake Elsinore purchasing policy section 3.12, several
pieces of equipment are being declared surplus for removal and disposal by Nation
Wide Auction Company.
DISCUSSION
(� The equipment listed below is well beyond the normal service life and is being
declared surplus, most of this equipment has already been replaced with new
equipment:
l
I.D. # Description Make Model Year Lic. No. Serial No.
3
Trailer
Zieman
PWC
2005
1ZCS150105W320618
202
Sudan
Chevy
Lumina
1990
E208860
2G1WL54T7L9110257
535
Tractor
Ford
3000
Unk
N/A
D7 -1054
735
Utility Bed Truck
GMC
3500
1989
E207462
1GDHR349KJ502181
736
Tractor
Case
530
Unk
N/A
200716
741
Asphalt Roller
Ray-Go
Unk
N/A
06- CO -0874D
766
Air Com resor
In ersol Rand
Unk
N/A
85294U75-25
771
Water Pump
Peabody
3Inch
Unk
N/A
3TCCG238431191
310
Pickup Truck
Chevy
S10
1991
E289107
1GCCS14Z7M8192501
502
Pickup Truck
Chevy
S10
1989
E26422256
1GCCS14Z4K8228304
506
Pickup Truck
Chevy
S10
1987
E076166
1GCBS14E91-18151964
LK5
Personal Water Craft
Seadoo
&T—x-
1999
CF 5258 PL
ZZN35516C999
LK6
Personal Water Craft
Seadoo
GTX
1999
CF 5257 PL
ZZN35519C999
531
Turf Sweeper
Olathe
481-11,
1988
802
Bus
Ford
1996
1101901
1FDLE40G5THB41862
803
Bus
Ford
1996
1101904
1FDLE40G TTHB41865
804
Bus
Ford
1996
055093
1FDLE40G3THB41861
805
Bus
Ford
1996
1101902
1FDLE40G7THB36646
AGENDA ITEM NO. V
PACZ_J_OF__
REPORT TO CITY COUNCIL
MAY 249 2005
PAGE # 2
In accordance with the City's purchasing policy, this equipment will be disposed of by
public auction. Nation Wide Auction Company will remove the equipment from the
City Yard facility and conduct a public auction to dispose of the equipment.
FISCAL IMPACT
In return for their services Nation Wide Auction Company will receive 5% of the total
revenues received for the sale of our surplus equipment. The remaining 95% of the sale
will be given to the City and be placed in the general fund.
Declare all equipment listed in this report as surplus equipment and authorize
Nation Wide Auction Company to dispose of the equipment by way of a public
auction.
PREPARED BY: BILL PAYNE
APPROVED BY: /
APPROVED
AGENDA BY:
OF COMMUNI'P°i' SERVICES
'S
,AGENDA ITEM NO.�
PACE /n
FI
T *:ic
Y"
n CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: : ROBERT A: BRADY, CITY MANAGER
DATE: MAY 245 2005
SUBJECT: EXEMPTION TO BID PROCEDURES — CITY HALL CARPET
BACKGROUND
In November of 2003, the City Council adopted Ordinance No. 1109 amending and
restating Chapter 3:08 of.the Lake Elsinore Municipal Code regarding "Purchasing,"
and adding Chapter 3.10 (Informal Bidding Procedures for Public Works Projects) and
3.12 (Surplus Property). • .
n DISCUSSION
The topic of re- carpeting City Hall has been discussed at different times with no formal
action being taken. Since there was funding available in this year's budget, it would be
a good opportunity to complete the current project.
The current carpeting is approximately ten (10) years old and in need of replacement.
DNA Flooring of Lake Elsinore remains the low bidder at $19,365 with their original
bid submitted in August of 2004.
The installation of the carpet would take three to four weeks as a result of coordination
with each of the divisions working at City Hall.
Chapter 3.08.070 (F) - Exceptions to Bid Procedures, allows the City Council to
authorize the City Manager or the Purchasing Officer to bypass the bid process
required under this chapter for purchases greater than $15,000.
•:�Y».3S
REPORT TO CITY COUNCIL
MAY 249 2005
PAGE 2
Staff is requesting that the City Council authorize the exemption of the formal bid
process (3.08.200) and allow staff to utilize the "Open Market" purchasing process
(3.08. 100) to simplify and expedite for new carpeting at City Hall.
FISCAL IMPACT
The cost for purchase and installation is $19,365. Funds are available in the
Community Services Department budget through savings incurred in the current year.
RECOMMENDATION
It is staff s recommendation that the Mayor and City Council grant an exemption per
Chapter 3.08.070 (F) "Exemptions to Bid Procedures" for the installation of carpet at
City Hall and award the contract to DNA Flooring of Lake Elsinore.
PREPARED BY:
DA W. SAPP, DIRI
APPROVED FOR
AGENDA BY:
i'R,OF COMMUNITY SERVICES
r CITY OF LAKE ELSINORE
CARPET BIDS
DNA Flooring $19,365.00.
C & V Floors, Inc. $23,386.39
KC Wholesale Flooring $26,578.50
i
AGENDA ITEM NO. /
_ -_ . PACE a _OF_/e�
Vd /vwzvv4 OY.ic
D -N-A FLOORING
18630 COLLIE'$ B
L4KEEISINOR9 CA- 92530
PH (909) 674 -0018
PAX (909) 674-9228
Name IAddrew
Item
THE CITY OF LAKE EIS
ORE
130 S. MAIN STREET
- TtA*
LAKE ELSINORE, CA 92S3
0
909-674-3124 EX. 265
SQYDS. SHAW
Estimate
EDeleLL Estlmale o
8/9(2004 1 10281
1 Tema 1 Peciect I
Qty
Item
Deserq on
itae
- TtA*
80o
cA W
SQYDS. SHAW
16.80
13,"0.00
CONSTInmNr 954131
COLOR 931321 SUPPORTER
INSTALLED- W13N 1FCOMMERCLA#L PAS
CARPET INSTALLED IN CITY HALL
DOWN STAMS AREA OF BUILDING 4 SAFETY,
ALL OFFICE AND HALLS
UPSTAIRS OFFICE'S. ENGINEERING OFFICE
2 - STAIR WELLS
1,800
CARPET CO
4 "CARPETCOVE
3.00
5.400.00
110
VINYL
0OMMERCIALVCT77LE
2.50
525.00
IN LUNCH ROOM
PRICE DOES NOT INCLUDE ANY MOVING
OF- FtWJUTUREOR COMIglTERS. TO BF-MOVED
BY OTHERS
It bid is accepted there is a 1 A deposit, balance on competition unless Subtafal 519.365.00
agreed upon otherwise
,%hm ttx (7.7694) W-00
Total S19;365:OU
Swmu"
AGENDA ITEM N0.
PACi<_�L_OP (�
Q.d
I
't�h- t44C)l�
CITY LAKE ELSINORE
130 S. MAIN ST
LAKE ELSINORE, CA 92530
-
Quote It
—I
Constituent
L309
Customer PO
• /
1
Date
01 CARPET INSTALLATION
9.2004
CITY OF LAKE ELSINORE
Sales Persont
'130 -S. If" ST
hris Rtatteson
LAKE ELSINORE, CA 92530
Sales Person2
Contact! JOHN 95117211-6889
F—
carpet
Ma rials 8100 SgFt
Labor 8100 SF
Constituent
$11,170.2
$1.15
$9,315
01 CARPET INSTALLATION
$23,386.3
$.50
$4,050.
Pad
. atenals
Labor
8100 SgFt
8100 SF
n 318 (270 Sq Ft Per. Roll)
titm3a Nib- -
$20
$1•,628•
01 Tearout & Disposal Carpet
$ -13
$1,053.
metallredu
car
Materials
Labor
36
2000
Each
In R
REDUCER - (carpet to tile) -
-
$200
01 WALLBASE- CARPET
INC BOUND CAP
$17
$3,500.0
Materials
Labor
40
I each
01 CARPET STEPS- MTERFAL!
$15.00
$600.
Materials
Labor
8100
SF
01 EXCESSIVE FURNITURE R & R
$ -25
$2,025.
1N
^
1
Materia!s.69
Labor
6g
SgFt
SF
MAGNA- MULTIFLEC
$2.07
$142.
01 VINYL INSTALLA7ION INLAID
$1.
$103.
rubber
walibase
Materials 24
Labor 24
LnFt
In 8
118 RUBBER 4- (Colometch)
$
$20.4
1 WALLBASE- RUBBERNINYL
$.79
$18.
Information
ELSINORE PERSONEL TO BOX UP SN1LL OFFICE & DESK BENS AND TO
)NECT, MDVE AND REINSTALL ALL COMPUTERS, COPIERS AND
Totals
tabor
$11,350.
Materials
$11,170.2
Sales Tax
Grand Total
$23,386.3
Date
Ck # ~
All male W a guaranteed to be as specified. All wok is to be compleled n a wwkmard*e manner 80C &ng to sfandwd practices. Any efteratim or deviation
kom above specifirations w0j," "" costs will be executed omY upon w ften order er,&wNbecvme-an extra charge overaxf above the eslwmft Any
bo tees incurred in collection processes will be the rBSponsibiMY Of the Customer.
~6
Page 1 of 1, Quote # 5309 - - - 5/10/05 10:30:40 AM
AGENDA ITEM NO. t
PAGE . OF�
FF?OM :KC FLOORING FAX NO. :9096744034 Aug., 09L � 12,42PM P1
"u
AUG 0 9 2004
PUBLIC WORKS
WHOLESALE FLOORING .
August 9 2004
To: City of Lake Elsinore
Attn. John Uffiworth
Re: Re Carpet per 814104 Request
Carpet: Philadelphia Con+titvent
Pad: 5/16° 8# Pad
Install: Stretch In
Areas: Per 8/4/04 Request $17,288.50
974 Y& installed w/Pad, labor & Tax
2130 L/F Carpet Cove 4" Per Specification $ ,455.00
s Remove Furniture & Replace $ 1 1,500.00
Vinyl: Armsh'ong Corlon
8 Yds. Material, Labor & Tax Machine $ 335.00
R/R Appliances,& Vending
Total $26,578.50
items, paperwork, Purl a harpener, staplers Ftc.
• Cut around all partitions, all personal -
Computers to be moved by other's:
Yom
Dave Carlton
Q.1)
31844 K193ion Trod • take t7sirwre, CA 8253[1 {909) 8744t62a FAX (909) 974 4034
,AGENDA ITEM NO.---
DADF- (0 OF _ 0
n
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MAY 249 2005
SUBJECT: AUTHORIZATION TO PREPARE CEQA
COMPLIANCE DOCUMENTS FOR THE EAST LAKE
SPECIFIC PLAN AMENDMENT NO. 8 FOR LUMOS
COMMUNITIES.
BACKGROUND
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
impacts of development projects proposed within the City. The Community
Development Department is responsible for the preparation of the necessary
information and, depending on the scope and size of the project, will either prepare
the environmental documents in -house or have a consultant prepare the documents
and studies. The cost of preparing the environmental analysis is paid for by the
project applicant through the application fee process. The project is known as East
Lake Specific Plan Amendment No. 8 for Lumos Communities.
DISCUSSION
Due to the scope of this project, staff has requested that HDR Engineering, Inc.
prepare the CEQA documents (Supplemental Environmental Impact Report) for
the project known as East Lake Specific Plan Amendment No. 8. The proposed
cost of preparing the environmental review is estimated at $98,303.00.
FISCAL IMPACT
The cost of preparing the environmental review will be paid by the applicant's fees
through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
AGENDA ITEM N0.
PALumos ELSP \CC Report HDR Proposal.doc PAGE r , OF /�
REPORT TO CITY COUNCIL
May 24, 2005
Page 2 of 2
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to approve an
agreement with HDR Engineering, Inc. to prepare the CEQA compliance
documents for East Lake Specific Plan Amendment No. 8, in the amount of
$98,303.00.
PREPARED BY: ROLFE PREISENDANZ
PLANNING MANAGER
APPROVED BT.-
ATTACHMENTS
1. Copy of HDR Scope of Work and Agreement.
ACMDA DIEM NO. 75
W►GE Z OF_1__,_,
PALumos ELSP \CC Report HDR Proposal.doc
n Scope of Work
April25,2005
Supplemental Environmental Impact Report
East Lake Specific Plan Amendment No. 8 .
Lumos Communities -
City of Lake Elsinore, California
This scope of work for preparation and processing of an - Initial, Study and Supplemental
Environmental Impact Report has been developed based, upon information provided by the City
of Lake Elsinore, Community Development Department, Planning Division, State California
Environmental Quality Act (CEQA) Statute (Public Resource Code Sections'2 1 000- 21 1 77), the
CEQA Guidelines (Sections 15000- I5387) and City of Lake Elsinore, California Environmental
Quality Act (CEQA) implementing procedures and requirements AND upon information still to
be provided by Lumos Communities LLC (Applicant).
Project Understanding
It is our understanding that Lumos Communities has submitted a request to the City of Lake
Elsinore Planning Division for approval of a Specific Plan Amendment to the East Lake Specific
n Plan area, a residential development.
Based upon ongoing discussions with the City, it appears that a Supplemental Environmental
Impact Report (SEIR) will be the appropriate type of CEQA documentation for the proposed
project. An Initial Study and an SEIR will be prepared in accordance with CEQA and the CEQA
Guidelines, and will include impact analysis on environmental factors where appropriate. HDR
also understands that time -is of the essence and that'the Applicant has an aggressive CEQA
document preparation and processing schedule.
For cost estimate purposes, it is assumed that the following technical studies and related`
information will be prepared and provided on behalf of the Applicant, and provided to HDR for
use in preparing the Initial Study and SEIR (must be available in both hardcopy and electronic
formats):
• Project Description (must include all project features, site access, lighting plan; cut/fill
amounts,'signage, retaining walls, etc.)
• All Discretionary Action/Entitlement Documentation
• Site Plan and Related Design Information
• Landscape Conceptual Plan
Utility Plan
• Water Supply Analysis , ; .. ,
• Architectural Elevations and Artist Renderings
•
Gee technical Report,,
FOR 1.
AGENDA ITEM NO.
PAGE 3 OF I r
April 25, 2005
• Grading Plan
• Hydrology Study/Drainage Concept Plan r 1
• Water Quality Management Plan (must include all structural and non - structural BMPs,'
BATS, and BCTs)
• Traffic Impacts Analysis
• Air Quality Analysis
• Cultural Resources Report (must include tribal consultation per recent Senate Bill 18)
• All Biological Studies (including permits needed, all mitigation, and a full discussion of
the MSHCP, an MSHCP consistency determination)
• Phase 1 Environmental Site Assessment
• Site Photographs (needed for project descriptions and for visual impacts/viewshed
analysis; should include a photo index showing "to /from" direction of each photo)
• Fiscal Analysis, if applicable
In order to meet the accelerated schedule, HDR would need' all of the above information (as
applicable) no later than April 8, 2005. If these studies are not available at the time of preparation
of the SEIR, the assumption is that missing relevant project information could delay completion
of the SEIR.
Task 1— Project Initiation and Coordination
All project initiation and coordination activities will occur under this task. HDR will coordinate /
with the Applicant to gather the necessary data to most efficiently prepare the SEIR. The initial �f
coordination will include the following components: 1
• Coordination with the Applicant to gather all necessary. data and information;
• Development of an appropriate `,`table of contents" and format for the document;
• Discussion with regulatory agencies, as appropriate, to identify the SEIR approach to
resource protection in this area; and,
• Identification of additional data needs'.
Task 2 — Initial Study and Notice of Preparation
HDR will prepare an Initial Study pursuant to Section 15060 -15065 of the CEQA Guidelines to
assist in determining the appropriate type of CEQA document required for the East Specific Plan
Amendment No. 8 (Proposed Project). If the City can determine that an SEIR will clearly be
required for the Proposed Project, the Initial Study is not required but may still be desirable. The
Initial Study will include the following components:
• Project Description including all phases of project planning, implementation, and
operation;
• An identification of the Environmental Setting;
' Although not anticipated, HDR is aware that changed site conditions or regulations occasionally result in
the need to amend the contract scope and costs. HDR would coordinate any additional needs with both the
City and Applicant for approval.
L� AGENDA ITEM 11j.
ial 2 PACE T pF— / April 25, 2005
f 1
n
•' An examination of whether the Proposed Project would be consistent with existing
zoning, plans, and other applicable land use controls;
' Determination of level of impacts to onsite environmental resources;
• A discussion of the ways to mitigate the significant effects identified, if any, to a level of
less- than- significant;
• CEQA mandatory.findings; and,
• The name of the person or persons who prepared or participated in the Initial Study.
HDR will prepare /distribute the Notice Preparation (NOP) for a Draft SEIR for submittal to the
State Clearinghouse /Office of Planning and Research. In addition, the NOP will contain a
discussion of the project description, CEQA requirements, and a detailed project chronology.
HDR will submit up to six (6) copies of the Initial Study for City and Applicant review.
This scope of work assumes that HDR will prepare and distribute the NOP, including the Initial
Study (up to 50 "copies),'if needed. The NOP will be circulated for a 30 -day public /agency review
to solicit comments regarding the scope of the Draft SEIR. All NOP response issues received
during the'public review period will be evaluated in the Draft SEIR _
Task 3 - Environmental Impact Report
Sub -Task 3A6.Draft Environmental Impact Report
The Draft SEIR will be prepared in accordance with Section 15162 of the CEQA Guidelines.
HDR will prepare a Screencheck Draft, SEIR for review by the City of Lake Elsinore Planning
Division. The Draft SEIR will be prepared in accordance with the provisions of the amended
CEQA Guidelines and will include all CEQA and City required sections based on the previously
circulated NOR Each environmental factor will be evaluated for existing conditions, project
impacts, level of significance of project impacts, cumulative ,impacts, level of significance of
cumulative impacts, mitigation 'measures, and, level of significance with mitigation measures
incorporated.
The following provides a brief discussion of the work to be undertaken for each of the key areas
in the Draft SEIR: .
Section 1.0 – Introduction and Summary:' The introduction will be based on the information
included in previous documentation and include information regarding the purpose of an SEIR
and procedural information. This section is also intended to provide a quick understanding of the
Proposed Project's predicted impacts and mitigation measures. It will identify, in an overview
fashion, the Proposed Project under consideration and its objectives including any design features
that will be implemented. This section will briefly'discuss the environmental impacts associated
with 'project implementation (whether beneficial'or adverse, significant as well as less than
significant), and will contain' discussions of impact areas determined to be less than signifincant
(from the Initial Study, if appropriate) and therefore not elaborated on in the Impacts Analysis
(Section 4.0).
Section 2.0 - Project Description: The project description will be based on information provided
by the applicant and City, and will include the Proposed Project location and setting, site
characteristics, project objectives, and the characteristics of the Proposed Project, including
technical studies done describing impact areas determined to be less than significant. This,
section will also include the requested permits and approvals. Transmittal of all entitlement
documentation to HDR in a timely manner is crucial to meeting established environmental
document preparation and processing schedules.
fal
AGENDA ITEM N0. O
PAGE 5" 0— F April 25, 2005
Section 3.0 — General Environmental Settine:• This section will provide an overview of the
environmental and jurisdictional setting for the Proposed Project., An analysis of the major
environmental characteristics and surrounding land uses . will be presented, along with a
discussion of the past, present, and reasonably foreseeable future projects and activities in the
surrounding areas that will serve as the basis for the cumulative impact analysis.
Section 4.0 — Environmental Impact Analysis: For each potentially significant issue identified in
the NOP/Initial Study, this section of the -SEIR will include an updated 'discussion of the
environmental setting, significance thresholds, project impacts, mitigation measures, cumulative
impacts, and the level of significance after mitigation. The assessment of impacts will be
consistent with CEQA requirements and will utilize defined threshold of significance to
determine the impacts of the Proposed Project, It is assumed that each of the environmental
issue areas will be discussed based upon information from a technical study provided by the
Applicant. The following is an overview of the approach to the key environmental issues:
Aesthetics and Visual Resources - Existing onsite and surrounding area viewsheds will be
photographed by the Applicant, and described in this section. Any significantly altered
viewsheds will be described and mitigation measures developed to reduce any impacts to less
than significant. Should visual simulations be warranted, these would be prepared under a
separate authorization.
Air Quality — HDR incorporate the findings of the air quality impacts technical report. It is
assumed that this report will utilize a technical air quality evaluation pursuant to SCAQMD
CEQA guideline requirements. The existing air basin will be described and county, state and
federal mandated significance thresholds will be documented. Project- related emissions
(construction, operational and special event) will be documented for each proposed land use ,
and a CO hot spot analysis will be run. Mitigation measures will be proposed in response to
conclusions of significant project impacts.
Biological Resources /Jurisdictional Waters — HDR will incorporate the biological survey
results into the Draft SEIR. Sensitive species database assessments will be initiated prior to
any site fieldwork. The SEIR will include a discussion of existing onsite biological
resources, including threatened and endangered species,, sensitive habitat, and state and
federal regulatory agency resources. The potential impacts to biological resources as a result
of the Proposed Project will be documented. Potential impacts will also be discussed in the
context of the Western Riverside County Multiple Species Habitat Conservation Plan, as
provided in the biological technical report. Mitigation measures will, be proposed in response
to conclusions of significant project impacts.
Cultural Resources ' The SEIR will include the summary of the cultural resource records
search and investigations and findings. In addition, compliance with the new SB 18
regarding tribal consultation must be included in the cultural report as it is now a requirement .
of any project involving a Specific Plan amendment. Project- related impacts to cultural
resources will be evaluated and mitigation measures discussed.
Geology and Soils /Hazards /Mineral Resources - Onsite soils and geotechnical conditions
will be evaluated and any related hazards will be documented, as provided in a geotechnical
report provided for the Proposed Project. Features to be documented include unstable.
soils /slopes, historical landslides, earthquake faults and seismic safety zones, and onsite soil
types. Any subsurface work as part of this analysis will be included in the discussion. Soils
and geologic features will be graphically depicted, Project- related impacts to geotechnical
resources will be evaluated and mitigation measures included, if required.d.�,
AGENDA ITEM No. O
4 PN"—. _,OF---�'"ril 25, 2005
Hazardous Materials - Analysis will include'review of historical aerial photographs, county
records and a site analysis, all which should be part of a Phase 1 ESA prepared for the
Proposed Project. Mitigation measures will be included for any identified contaminated
areas.
Hydrology /Water Quality - Onsite hydrologic conditions will be , summarized and will be
based on the hydrology . report prepared by the Applicant's civil engineer. The
Hydrology/Hydraulic Report must identify the following features: evaluation of 100 year
flood plains, dam inundation areas, existing Qso runoff volumes, post development hydrology
conditions, and any required mitigation measures. Depending on the extent of information,
this section may be split into separate sections for Hydrology and Water Quality. Water
quality information will include Best Management Practices, Best Available Technology, and
Best Conventional Technology. If the above analysis is missing any of these components, it
is assumed that the Applicant's engineer will address these issues, or HDR will complete this
work under a separate authorization.
Land Use - Existing onsite and surrounding land uses, as well as General Plan and zoning
designations, will be documented. Potential inconsistencies with existing general plan and
zoning= designations will be documented and any necessary mitigation measures will be
formulated. Compatibility with adjacent land uses will also be evaluated.
Noise - The :noise analysis; prepared by the Applicant, shall address the 'acoustical
environment on and surrounding the Proposed Project site and county, state and federal
mandated significance thresholds will be documented. Project - related noise generation will
be documented and graphically depicted. Mitigation measures will. be included to mitigate
any significant adverse impacts to less than significant levels.
Paleontological Resources, The SEIR will include the summary of the paleontological
resource records search and, investigations „and findings.. Project- related impacts to .
paleontological resources will be evaluated and mitigation measures developed, if required.
Public Services and Utilities'-'
tilities Existing public services and facilities which would serve the
project will be documented, including water,,wastewater treatment, solid waste, recycling,
electricity, natural gas, education, police protection, fire protection, recreation, and library
services. Project- related impacts to each public service and utility . will be documented, and -
appropriate mitigation measures included to reduce impact to less than significant levels.. ,
Transportation/Traffic — HDR will incorporate findings from a, traffic report that will
document existing traffic and circulation conditions in the, vicinity of the Proposed Project
and project - related traffic /circulation impacts. The traffic report will be prepared to address
City concems regarding substandard traffic, and circulation conditions, project impacts and
mitigation measures will be proposed in response: to reduce traffic impacts to less than
significant levels.
Section 5.0 — Project Alternatives: Alternatives will be established in discussions among HDR,
the City, and the Applicant. For the purposes of this proposal, a total of two alternatives in
addition to the mandatory no project alternative will be considered in this section of the SEIR. It
is assumed that that the alternatives will include redesign or reduction of density t address
potentially significant issues. For each alternative, a description of the alternative, consideration
of the alternative's feasibility in relation to the Proposed Project's basic objectives, and a
comparative analysis of the environmental impacts attributable to the alternative versus those
associated with the Proposed Project for each.of the environmental categories discussed above
L� AGENDA ITEM N.i. d
i 1J� 5 PACE pp Pril 25, 2005
will be provided. Consideration of any further alternatives which may be required will require
modifications to the project budget.
Section 6.0- Growth- Inducing Impacts: HDR will prepare the CEQA - required analysis section,
if needed, depending upon changes in density and land uses.
Section 7.0 — Inventory of Unavoidable Adverse Impacts• HDR will prepare the CEQA- required
analysis section. '
Section 8.0 — Mitigation Monitoring Program: HDR will prepare the CEQA- required analysis
section containing a compilation of mitigation measures presented in the SEIR.
Section 9.0 — Persons and Organizations Consulted/References: HDR will prepare this section of
the SEIR to document all persons and sources that contributed to the environmental analysis.
Screencheck Draft SEIR "
HDR will submit up to six (6) copies of the Screencheck Draft SEIR for City and Applicant
review..
Following City and Applicant review of the Screencheck Draft SEIR, HDR will prepare the Draft
SEIR that incorporates final changes as approved by the City. HDR assumes that changes will
be minimal due to early consultation with the City, and previous approval of technical
reports by City personnel. HDR assumes that 50 copies of the Draft SEIR and technical
appendices will be provided for distribution. HDR will prepare the Notice of,Completion,to be
distributed along with public circulation of the Draft SEIR and will assist-,in transmitting the
required copies to the State Clearinghouse.
Sub -Task 313: Preparation of Response to Comments/Flinal SEIR
Near the conclusion of the public review period, HDR will work with the City of to obtain all
comments received on the Draft SEIR. After consultation with City and the Applicant, HDR will
prepare the 'Administrative Final SEIR. An Administrative Final SEIR containing proposed
responses to comments and revisions to the Draft SEIR identified from review comments will be
prepared once all comments are received. It is difficult to predict public reaction to the Draft
SEIR. For the purposes of this proposal, it is assumed that public reaction to the document will
be typical and will include a maximum of 6 comment letters. In the event that the public
comments on the Draft SEIR are greater than expected, HDR would meet with the City to
develop adjustments to the work program as necessary. In addition, this scope does not include
revisions to the Draft SEIR text. Revisions to text will be addressed in a "Corrections and
Additions" section of the 'Final SEIR. Up to six (6) copies of the Administrative Final SEIR will
be submitted to the City and Applicant for review:
Upon incorporation of comments on the Administrative Final SEIR, HDR will prepare the Final
SEIR, Mitigation Monitoring Reporting Program (MMRP), and CEQA Findings for submittal to
the City. These documents (Final SEIR, MMRP, and CEQA Findings) will be presented at the
City Planning Commission and the City Council meetings. HDR will submit 20 copies each of
these final documents to the City. I `
Sub - Task 3C: Mitigation Monitoring Reporting Program
As stated above, HDR will prepare a MMRP for submittal with the Final SEIR. The MMRP will
contain a compilation of mitigation measures presented in the SEIR. These :mitigation measures
and the established MMRP will be fully consistent with City policies and programs and will meet
AGENDA ITEM NO.
L� PAGE 0 C OF t_
1 L� 6 April 25, 2005_
(..0)
the requirements of Section 21081.6(a) of the Public Resources Code. If requested, the MMRP
will be included in the Final SEIR as a technical appendix.
f Sub -Task 31): CEQA Findings
As stated above, HDR will prepare requisite CEQA findings and if required, a Statement of
Overriding Consideration, for presentation at the Planning Commission and City Council
meetings. _..
Task 4 - Attendance at Meetings, Public Meetings, and Hearings
This scope of work includes an allowance for a total of up to 16 hours (Project Manager) of
meetings related to the Proposed Project. This includes the following: one Planning Commission
public hearing, and one City Council public hearing. HDR will attend any additional required
meetings beyond this allowance, if requested, and will invoice in .accordance with. the fee
schedules in effect at that time, following receipt of written authorization to proceed.
AGENDA ITEM Hu. 9 _._ _.
PAGE q OF SS/
7 April 25, 2005
Schedule .
HDR understands that time is of the essence and the CEQA environmental documents will be
prepared in an efficient manner. The following schedule depicts the SEIR preparation and review
process schedule and includes the major project CEQA milestones:
TASK DURATION
1: Project Initiation and Coordination 2 Weeks
(assumption that all data will be provided by the Applicant to HDR
by April 8, 2005)
2: Initial Study and Notice of Preparation 8 weeks
-Prepare Initial Study 2 weeks
City /Applicant Review I week'
Finalize/Distribute Initial Study/NOP 1 week
Initial Study Review Period 4 weeks
3: SEIR Preparation
3A: Draft SEIR
12 weeks
Prepare Screencheck Draft SEIR
4 weeks
City /Applicant Review
I week'
Prepare Draft SEIR for distribution
1 week
(includes distribution to the State Clearinghouse and other
public entities)
Draft SEIR Public Review Period
6 weeks
311: Final SEIR/Preparation of Response to Comments
4 weeks
Prepare Administrative Final SEIR
2 weeks
City /Applicant Review
I week°
Prepare Final SEIR
1 week
3C: Mitigation Monitoring and Reporting Plan
1 week
31): CEQA Findings and Statement of Overriding Considerations
1 week
Submit Final SEIR to City far Certification
I week
4: Attendance at Meetings, Public Meetings and Hearings Ongoing
° This review period isjust an estimate, dependent on City of Lake Elsinore schedule. to addition, the City may request
a second review prior to release of documents for public review.
AGENDA ITEM NO.�_
PAGE I( OF /S
FDR 8 April 25, 2005
Cost Estimate
( The following cost estimate has been prepared to outline costs to complete the above outlined
scope of work tasks. Reimbursable expenses,-including travel and technology charges etc. will ,
be invoiced in accordance with HDR standard rate schedule. Document reproduction is an
estimate only and a detailed estimate will be obtained prior to document production.' Costs are
based upon the HDR standard hourly rate sheet (attached).
TASK COST
1: Project Initiation and Coordination
Task I Subtotal $ 9,301
2: Initial Study and Notice of Preparation
Task 2 Subtotal $10,080
3: SEIR Preparation
3A: Draft SEIR $ 40,035
3B: Final SEIR/Response to Comments and Errata $ 15,925
3C: Mitigation Monitoring and Reporting Program $ 4,327
31): CEQA Findings $ 7,023
(-`� Task 3 Subtotal $ 67,312
4: Attendance at Meetings, Public Meetings, and Hearings
Task 4 Subtotal
$ 2,160
Document Reproduction/Reimbursables
Initial Study Review Copy (6)
$ 200
Initial Study (50)
$ 900
Screencheck Draft SEIR (6)
$ 300
Draft SEIR (50)
$ 4,000
Administrative Final SEIR Documents (6)
$ 250
Final Documents - Responses, Errata, MMRP, Findings (20)
$ 1300
Reprint of Draft SEIR for Planning Commission and City Council
$ 1,000
Meetings (20)
Postage /Mailing
$ 1,000
Mileage
$ 500
R/R Subtotal
$ 9,450
TOTAL - Tasks 1, 2, 3, 4 and Reproduction/Reimbursables
$ 98,303
n* Document printing costs can be eliminated if the Applicant prefers to use a direct bill reproduction account.
g
AGENDA ITEM NO.
L�
FDR 9 PAGE tt pF �)� April 25, 2005
Should the need arise for additional professional services beyond those set forth in the scope of
services due to revisions to the project, the regulatory environment, requirements exceeding our `►/
specified budget allowances, HDR will only undertake such additional services upon receipt of
authorization by The City of Lake Elsinore.
AGENDA ITEM N0. O
PACE_L1-O
im 10 April 25, 2005
SHORT FORM AGREEMENT BETWEEN AGENCY
AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made as of this 25th day of April 2005, between the City
of (Agency), with principal offices at 130 South Main Street, Lake Elsinore, CA, 92530,
and HDR ENGINEERING, INC., ( "ENGINEER/PLANNER") a Nebraska corporation,
with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in
connection with the project known as the East Lake Specific Plan Amendment No. 8
( "Project,).
WHEREAS, AGENCY desires to engage ENGINEER/PLANNER to provide
professional engineering, consulting and related services ( "Services ") in connection with
the Project; and
WHEREAS, ENGINEER/PLANNER desires to render these Services as described in the
attached proposal, Scope of Services:
NOW, THEREFORE, AGENCY and ENGINEER/PLANNER in consideration of the
mutual covenants contained herein, agree as follows:
SECTION L SCOPE OF SERVICES
n ENGINEER/PLANNER will provide Services (CEQA Compliance Documentation for
the project which consists of the Scope of Services as outlined in the attached proposal
dated April 25, 2005.
SECTION II.TERMS AND CONDITIONS ORENGINEERING SERVICES
The "HDR Engineering, Inc. Terms and Conditions for Professional'Services," which are
attached, are incorporated into this Agreement by this reference as if fully set forth
herein.
SECTION III. RESPONSIBILITIES OF AGENCY
The AGENCY shall provide the information set forth in paragraph 6 of the attached
"HDR Engineering, Inc. Terms and Conditions for Professional Services."
n AGENDA ITEM N0.
PACE / 3 OF / S'
Fal 11 April 25, 2005
SECTION IV. COMPENSATION
Compensation for ENGINEER'S/PLANNER'S services under this Agreement shall be (�
on the basis of time and materials not to exceed $ 98,303.
Reimbursable Expense shall mean the actual•expenses incurred directly or indirectly in
connection with ,the Project for transportation travel, subconsultants, subcontractors,
computer usage,. telephone, telex, shipping, and express, and other incurred expense.
ENGINEER will add ten percent (10 %) to invoices received by ENGINEER/PLANNER
from subconsultants and subcontractors to cover supervision, administrative, and
insurance expenses.
SECTION V. PERIOD OF SERVICE
Upon receipt of written authorization to proceed, ENGINEER/PLANNER shall perform
the services described in the attached proposal within a reasonable period of time.
Unless otherwise stated in this Agreement, the rates of compensation for
ENGINEER'S/PLANNER'S services have been agreed to in anticipation of the orderly
and continuous progress of the project through completion. If any specified dates for the
completion of ENGINEER'S/PLANNER'S services are exceeded through no fault of the
ENGINEER/PLANNER, the time for performance of those services shall be
automatically extended for a period which may be reasonably required for the SEIR
completion and all rates, measures 'and amounts of ENGINEER'S/PLANNER'S
compensation shall be equitably adjusted. :-
SECTION VI. SPECIAL PROVISIONS
No special provisions have been incorporated into this agreement.
12
AGENDA ITEM N0.
PAGE_OF
April 25, 2005
Authorization
f IN WITNESS WHEREOF, the parties, hereto have executed this Agreement as of the day
and year first written above.
"AGENCY" — City of Lake Elsinore
BY:
NAME:
TITLE:
ADDRESS: 130 South Main Street
Lake Elsinore, CA 92530
HDR ENGINEERING, INC.
"ENGINEER/PLANNER"
o
BY: 04� y _
nNAME: David LeCureux
TITLE: Department Manager
ADDRESS: 9444 Farnham Street
Suite 300
San Diego, CA 92123
1 AGENDA REIN NO. O
1
PACE /5— O
IM 13 April 25, 2005
0
TO:
FROM:
DATE:
SUBJECT
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
MAYOR AND CITY COUNCIL
ROBERT A. BRADY, CITY MANAGER
MAY 24, 2005
AUTHORIZATION TO PREPARE CEQA COMPLIANCE
DOCUMENTS FOR GENERAL PLAN AMENDMENT NO.
2004 -10, TENTATIVE PARCEL MAP NO. 32674 FOR
CONDOMINIUM PURPOSES, RESIDENTIAL PROJECT
NO. 2004-11 AND CONDITIONAL USE PERMIT NO. 2004-
27 (APN 379 - 315 -033)
APPLICANT: SPATHCO -
4995 Murphy Canyon.Road, Suite 402
San Diego, California 92123
Attention: Alberto Hamui / Teofilo Hamui
REOUEST:
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
impacts of development projects proposed within the City. The Community
Development Department is responsible for.. the preparation of the necessary
information and, depending on the scope,and size of the project, will either prepare the
environmental documents in-house or have a consultant prepare the documents and
studies. The cost of preparing the environmental analysis is paid for by the project
applicant through the application fee process. The project in question is a 51 unit
condominium project.
AGENDA ffW NO.
PACE OF 7
REPORT TO CITY COUNCIL
May 24, 2005
PAGE 2 of 2
REQUEST
Due to the scope of this project, staff has requested The Planning Center prepare
the CEQA documents (Initial Study/Negative Declaration or Mitigated Negative
Declaration) for the condominium project. The proposed cost of preparing the
environmental review is estimated at $28,600.00.
FISCAL IMPACT
The cost of preparing the environmental review will be paid by the applicant's fees
through the City's cost recovery program. All staff administrative time and consultant
costs are paid from the applicant's fees. There is no cost to the City.
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to approve an
agreement with The Planning Center to prepare the CEQA compliance documents
for the condominium project (APN 379 -315 -033) in the amount of $28,600.00.
PREPARED BY:
APPROVED FOR
AGENDA BY:
ATTACHMENTS:
LINDA M. MILLER, AICP
PLANNING CONSULTANT
1. Copy of Contract from The Planning Center
AGENDA 17Eti NO.
PAGE --L -' -
Qw)
City of Lake Elsinore
21 March 2005
Page 1
1 Proposal
UNDERSTANDING OFTHE PROJECT
The proposed project consists of approximately 50 condominium homes on five acres. The project
is located on Riverside Drive between Grand Avenue and Lincoln Street in the City of Lake Elsinore
approximately one third of a mile from Lake Elsinore. An internal loop road would provide the
access to the lots which back on to either side of this internal loop road. The primary and secondary
access to the project would be from Riverside Drive (Rt. 74), a Caltrans facility. An encroachment
permit from Caltrans would be required. The properties are being processed by the City as Tentative
Tract No. 32674.
APPROACH / RECOMMENDATION
Our recommended approach is to prepare an Initial Study, and based on the findings of the Initial '
Study, determine whether a Negative Declaration (ND) or Mitigated Negative Declaration (MND) will
be required to comply with CEQA. In accordance with Section 15070 of the CEQA Guidelines, the
Initial Study will address the potential impacts associated with the construction and operation of the
proposed project. The ND or MND will be a conservative, defensible CEQA document for the
project. The Initial Study analysis will focus particularly on the following issues:
• Land Use /Planning
• Circulation and Access
f\ , • Noise
The Planning Center will review and integrate the findings of available technical reports into the Initial
Study. We will visit and document site conditions. Traffic and Noise impacts will require a quantified
analysis. Mitigation measures, if required, will be recommended to reduce potentially significant
effects to a less than significant level. A detailed scope of work for the traffic analysis is provided
below.
Traffic Analysis
A traffic impact analysis is required due to the fact that the project has access on to a Caltrans facility
(Rt. 74). Urban Crossroads will prepare the traffic impact analysis. The following are the required
tasks:
Phase 1: Access Evaluation and Site Plan Inputs
1.1 Site Plan Review (based on most current site plan)
1.2 Assessment of Adjacent Roadway General Plan Classifications and Intersection Spacing
Criteria
1.3 Interface with Project Applicant/Team (teleconference) ,
1.4 Prepare Recommendations Regarding Access and Internal Circulation Features
C�
( AGENDA ITEM NO.�—
PAGE 3- ---""
City of Lake Elsinore
21 March 2005
Page 2
Phase 2: Scoping Process
2.1 Project Trip Generation
2.2 Project Trip Distribution
2.3 ' Study Area Definition
2.4 identification of Cumulative Projects and Ambient Growth Patterns
2.5 Preparation of Draft Traffic Study Scoping Assumptions,
2.6 Interaction with Jurisdiction Staff (including 1 meeting with Caltrans and City of Lake Elsinore
staff) and Finalize Traffic Study Scoping Process
Phase 3: Traffic Counts and Existing Roadway Conditions Inventory
3.1 Peak Hour Intersection Turning Movement Counts (counts at up to 2 existing intersections will
be collected /compiled) .
3.2 24 -Hour Roadway Segment Counts (counts at up to 2 locations will be collected / compiled);
Remaining Locations will be Estimated
3.3 Field Inventory of Intersection Traffic Control Measures, Approach Lanes at Intersections, and
Through Travel Lanes along Segments
Phase 4: Cumulative Future Traffic Proiections
4.1 Generation and Distribution of Project Plus Cumulative Project Traffic
4.2 Calculation of Cumulative Without and With Project Future Peak Hour Turning Movement '
Volumes at Study Intersections for Near and Long Term Conditions
4.3 Calculation of Cumulative Without and With Project Future Daily Traffic Flows on Study Area
Roadway Segments for Near and Long Term Conditions
Phase 5: Traffic Imo act Analysis
5.1 Analyze Existing Intersection Performance Based Upon HCM Delay Methodologies
5.2 Analyze Existing Plus Near Term Cumulative Growth Without Project Intersection Performance
5.3 Determine Improvements Needed To Serve Existing Plus Cumulative Growth Without Project
Conditions
5.4 Analyze Existing Plus Cumulative Growth With Project Conditions Intersection Performance
5.5 Determine Improvements Needed To Serve Existing Plus Cumulative Growth With Project
Conditions
AGENDA ITEM NO.-
PAGE L �OF
N
City of Lake Elsinore
21 March 2005
Page 3
5.10 Analyze Horizon Year (Buildout) Cumulative Growth Without Project Intersection Performance
5.11 Determine Improvements Needed To Serve Horizon Year (Buildout) Cumulative Growth
Without Project Conditions
5.12 Analyze Horizon Year (Buildout) Cumulative Growth.With Project Conditions Intersection
Performance
5.13 Determine Improvements Needed To Serve;Horizon Year (Buildout) Cumulative Growth With
Project Conditions
5.14 Preparation of a Draft Traffic Study Report Which Incorporates Findings and All Supporting
Calculations for Work Phases 1 through 5
Phase 6: Responses to Comments
6.1 Review of Jurisdiction Comments and Revision of the Draft Traffic Study Report (if necessary)
6.2 Attendance at Follow -Up Meetings or Hearings on a Time - and- Materials Basis
The Planning Center will coordinate with the City to prepare the required Notice of Intent (NOI) to
Adopt a Negative Declaration. CEQA provides several options for noticing an ND /MND. Our scope
of work assumes that The Planning Center will prepare the notices, and that the City will reproduce
and mail the notices, and publish a newspaper notification. The Planning Center will also prepare
the NOI to be forwarded to the County Clerk. If desired, we will reproduce and mail the notices
based on an hourly basis to complete these tasks and billed at our hourly rates.
Our scope of work does not include response to comments that may be received in response to the
NOI. A significant number of comment letters are not anticipated, and formal response to such
comments are not required by CEQA. If substantive comments are received and the City desires
assistance from The Planning Center in responding to these comments, we will do so on a time and
materials basis based on our hourly rates (attached).
PROPOSED PROJECT TIMELINE
Preparation of the MND is anticipated to require approximately 12 to 14 weeks to complete, as
identified below:
1. Preparation of the Initial Study, Draft ND /MND
2. City Review
3. 30 -day Public Review Period
4. Public Hearings
4 weeks
1 week
4 weeks
To be determined
AGENDA ITEM NO. --
PAGIE OF y2 —
City of Lake Eisinore
21 March 2005
Page 4 ( l
STATEMENT OF OFFER
The Planning Center will complete the Initial Study and ND /MND for Tentative Tract No. 32674 for a
fee not -to- exceed $28,600 including $1,500 reimbursable costs (mileage, report reproduction,
postage, etc.). In addition, this proposal assumes that all technical studies other than traffic and
noise will be provided by the applicant, including, but not limited to, geotechnical and hydrology
studies. Modification to the scope of work, budget and time frame may be necessary if comments
received from agencies or the general public require substantially increasing the scope of impacts
and issues, which the ND /MND has addressed. In addition, the budget for reimbursable expenses
for document binding and printing is an estimate only and will be billed at cost plus 12.5 percent.
Task
Estimated Cost
Mitigated Negative Declaration
$14,500
Traffic Study
$12,600
Reimbursables
_
$1,500
Total
$28,600
BILLING RATE SCHEDULE
The Planning Center
2005 Standard Fee Schedule
Staff Level
Hourly Rate
Principal
$175-$200
Director
$150-$175
Sr. Planner/Scientist/Designer II
$125-$150
Sr. Planner/Scientist/Designer 1 .
$100-$125
Associate Planner/Scientist/Designer II
$85-$100
Associate Planner /ScientisUDesigner 1
$80-$85
Assistant Planner /ScientisUDesigner II
$70-$80
Assistant Planner/Scientist/Designer 1
$60-$70
GIS/CAD Operator II
$80-$95
GISICAD Operator 1
$65-$80
Graphic Artist II
$75-$110
Graphic Artist 1
$55-$75
Planning Technician /Intern
$50-$60
Word Processing
$50
Clerical
$50
3r^ Party CEQA Review
$200
Expert Witness
2 x Normal Hourly Rate
AGENDA ITEM 1410._!
PAGE OF
City of Lake Elsinore
21 March 2005
/1 Page 5
ACKNOWLEDGEMENT
This proposal shall be valid for a period of 90 days from the time of submittal. All work performed
will be billed on a monthly basis as tasks are completed and will be due within 30 days of the invoice
date. Mr. William Halligan, Esq., Director of Environmental Services /Environmental Counsel of The
Planning Center, is authorized to negotiate contracts with the City. Please contact him at The
Planning Center, 1580 Metro Drive, Costa Mesa, California, 92626, (714) 966 -9220 regarding any
additional information or clarific on regarding this proposal.
vie__L S -2 1 - os
William Halligan, Esq. (J Date
Approved and consented to on , 2005 by:
City of Lake Elsinore
Name
Date
AGENDA ITEM N0. --
PAGE_2_Q
COCE
(..0)
m
n CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MAY 24, 2005
SUBJECT: AUTHORIZATION TO PREPARE CEQA
COMPLIANCE DOCUMENTS FOR GENERAL PLAN
AMENDMENT NO. 2005 -02 AND ZONE CHANGE NO.
2005 -03 FOR LUMOS COMMUNITIES.
BACKGROUND
The City of Lake Elsinore serves as the lead agency to evaluate the'environmental
impacts of development projects proposed within the City. The Community
Development Department is responsible for the preparation of the necessary
n information and, depending on the scope and size of the project, will either prepare
the environmental documents in -house or have a consultant prepare the documents
and studies. The cost of preparing the environmental analysis is paid for by the
project applicant through the application fee process. The project is known as
General Plan Amendment No. 2005 -02 and Zone Change No. 2005 -03 for Lumos
Communities.
Due to the scope of this project, staff has requested that HDR Engineering, Inc.
prepare the CEQA documents (Supplemental Environmental Impact Report) for
the project known as General Plan Amendment No. 2005 -02 and Zone Change No.
2005 -03. The proposed cost of preparing the environmental review is estimated at
$33,439.00.
FISCAL IMPACT
The cost of preparing the environmental review will be paid by the applicant's fees
through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
PXC Report HDR Proposal GPA and CZ Lumos.doc
AGENDA M NO.�_
PAGE OF
REPORT TO CITY COUNCIL
May 24, 2005
Page 2 of 2
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to approve an
agreement with HDR Engineering, Inc. to prepare the CEQA compliance
documents for General Plan Amendment No. 2005 -02 and Zone Change No. 2005-
03 in the amount of $33,439.00.
PREPARED BY: ROLFE PREISENDANZ
PLANNING MANAGER
APPROVED BY:
OFFICE
ATTACHMENTS
1. Copy of HDR Scope of Work and Agreement.
AGENDA ITEM W'. -Lo
o
�,E Z OF 12
PACC Report HDR Proposal GPA and CZ Lumos.doc
(.$)
Scope of Work
^ May 2, 2005
Initial Study i Mitigated Negative Declaration - -
General Plan Amendment and Zone Change for Future
Condo Map No. 33370
Lumos Communities
City of take Elsinore, California
This scope of work for preparation and processing of an Initial Study and Mitigated Negative
Declaration has been developed based upon information provided by the City of Lake Elsinore,
Community Development Department, Planning Division, State California Environmental
Quality Act (CEQA) Statute (Public Resource Code Sections 21000 - 21177), the CEQA
Guidelines (Sections 15000 - 15387) and City of Lake Elsinore, California Environmental Quality
Act (CEQA) implementing procedures and requirements AND upon information still to be
provided by Lumos Communities (Applicant).
Project Understanding
It is our understanding. that the Applicant has submitted a- request to the City of Lake Elsinore
(City). Planning Division for approval of a General Plan Amendmenf.and Zone Change for the
future Condo Map No. 33370 project site, a residential development.
( Based upon ongoing discussions with the City, it appears ?hat an Initial Study/Mitigaled Negative
Declaration (IS /MND) will be the appropriate type of CEQA documentation for the proposed
project. An IS/MND will be prepared in accordance with CEQA and the CEQA Guidelines, and
will include impact analysis on environmental factors associated with amending the General Plan_
designation for the future project site from commercial to residential. At this time there is no ,
project design from which to perform an actual analysis on project impacts. Therefore, all
analysis will be conducted on an assumption that build -out would occur at maximum density of
18 units per acre (mediunvbgh) as allowed under the City General Plan. In the event that it is
found through the Initial Study process that environmental impacts resulting from the Proposed
Project can not be mitigated to a level of "less than significant", the CEQA document will be
elevated to an EIR. Further, if necessary, this contract would be amended to cover the costs of an
EIR HDR also understands that time is of the essence and that the Applicant has an aggressive
CEQA document preparation and processing schedule. - - I
• For cost estimate purposes, it is assumed that the necessary technical studies and related
information will be prepared'and provided on behalf of the Applicant, and provided to
HDR for use in preparing the IS/MND (must be available in both hardeopy and
electronic formats). A separate list of items needed for the IS/MND will be provided to
the Applicant. - -
In order to meet the accelerated schedule, HDR would need all. necessary, project information no
later than.May 6; 2005. If these studies. are not available at the time of preparation of the
IS/MND, the assumption is that missing relevant project infon-nation could delay completion of
the
�IIS/MND.
1 May 2, 2005
AGENDA ITEM N:). I O�
PAGE 3 OF ,�:
Task 1— Project Initiation and Coordination
All project initiation and coordination activities will occur under this task , HDR will coordinate
with the Applicant to gather the necessary data to most efficiently prepare the IS/MND. The
initial coordination will include the following components:
• Coordination with the Applicant to gather all necessary data and information;
• Development of appropriate level of detail and format for the document;
• Discussion with regulatory agencies, as appropriate, to identify their approach to resource
protection in this area; and
• Identification of additional data needs.
Task 2-- Initial Study/Mitigated Negative Declaration
Sub -Task 2A: Draft ISAbM Preparation
The Draft IS/MND will be prepared in accordance with Section 15071 of the. CEQA Guidelines.
HDR will prepare a Screencheck Draft IS/MND for review by the City of Lake Elsinore Planning
Division. The Draft IS/MND will be prepared in accordance with the provisions of the amended
CEQA Guidelines and will' include all CEQA and City required sections. Using the Initial Study
checklist as a basis, each environmental factor will be evaluated for existing conditions, project
impacts, level of significance of project impacts, cumulative impacts, level of significance of ,
cumulative impacts, mitiption measures, and level of significance with mitigation measures `,rJ
incorporated.
The following provides a brief discussion of the work to be undertaken for each of the key areas
in the Draft IS/MND:
Introduction/Proiect Description/General Environmental Setting: The project description will be
based on information provided by the Applicant and City, and will include the Proposed Project
location and setting, site characteristics, project objectives, and the characteristics of the Proposed
Project, including technical studies done describing impact areas determined to be less than
significant. ,This section will also include the requested permits and approvals. Transmittal of all
entitlement documentation to HDR. in a timely manner is crucial to, meeting established
environmental document preparation and processing schedules.
This section will also provide an overview of the. environmental and jurisdictional setting for the
Proposed Project. An analysis of the major environmental characteristics and surrounding land
uses will be presented, along with a discussion of the past, present, and reasonably foreseeable
future projects and activities in the, surrounding .areas that will serve „as the basis for the
cumulative impact analysis.
Environmental Impact Analysis: • For each question asked in the Initial; Study, checklist, the
IS/MND will include an updated discussion of the environmental setting, significance thresholds,
project impacts, mitigation measures, cumulative impacts, and the level of significance after ”
'Although not anticipated, HDR is aware that changed site conditions or regulations occasionally result in
the need to amend the contract scope and costs. HDR would coordinate any additional needs with both the
City and Applicant for approval. r/
2 May 2, 2005
AGENDA ITEM NO. ID
PAGE OF L
mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize
1 defined threshold of significance to determine the impacts of the Proposed Project. It is assumed
that, where applicable, each of the environmental issue areas will be discussed based upon
Information from a technical study provided by the Applicant. Where possible, the IS/MND
will use the existing City General Plan, General Plan EIR (1990) and Supplemental EIR (1994,
for updates to Circulation and Housing). In addition, impacts analysis will be utilized from a
previous IS/MND "General Plan Amendment NO. 98 -1 and Zone Change No. 98 -1" prepared in
1998 for the same property to amend the General Plan from residential to commercial. The
following is an overview of the approach to the key environmental issues:
Aesthetics and, Visual Resources - Existing onsite and surrounding area viewsheds will be
photographed by the Applicant and described in this section. HDR will also utilize the 1998
IS /MND and the General Plan documents -to analyze. impacts. Any significantly altered
viewsheds will be described and mitigation measures developed to reduce any impacts to less
than significant. I I . .
Agricultural Resources — The 1998 IS/MND and the General Plan documents will be utilized
to determine the presence of agricultural resources: on the Proposed Project site. If
applicable, mitigation measures will be developed to reduce impacts to less than significant.
Air Quality — HDR will utilize the technical air quality evaluation pursuant to SCAQMD
CEQA guideline requirements. The existing air basin will.be described and county, state and
federal mandated significance thresholds will be documented. Project - related emissions
(construction, operational and special event) will be documented for each proposed land use
and a CO hot spot analysis will be run. Mitigation measures will be proposed in response to
^ conclusions of significant project impacts.
Biological Resources / Jurisdictional Waters — HDR will incorporate the biological survey
results into the Draft IS/MND. Sensitive species database assessments will be initiated prior
to any site fieldwork. The IS/MND will include a discussion of existing onsite biological
resources, including threatened and endangered species, sensitive habitat, and state and
federal regulatory agency resources. The potential impacts to biological resources as a result
of the Proposed Project will be documented Potential impacts will also be discussed in the
context of the Western Riverside County Multiple Species Habitat Conservation Plan.
Mitigation measures will be proposed in response to conclusions of significant project
impacts.
Cultural Resources - The IS/MND will include the summary 'of cultural resources as
described in the 1998 VIAND and the General Plan documents. If it is found that theses
documents do not adequately identify cultural resources, a cultural records search may be
required:` In addition, `compliance with the new SB 18 regarding tribal consultation, if
applicable, may be included in this section. Project- related impacts to cultural resources will
be evaluated and mitigation measures developed,-if required.
Geology and Soils /Hazards /Mineral Resources - Onsite soils and geotechnical conditions
will be evaluated and any related hazards will-be documented, -as provided in the 1998
IS/MND and the General Plan documents. Features to be documented include unstable
soils/slopes, historical landslides, earthquake faults and seismic safety zones, and onsite soil
types. No subsurface work is proposed as part of this analysis. Soils and geologic features
will be graphically depicted, if applicable. Project- related impacts to geotechnical resources
will be evaluated and mitigation measures developed, if required.
f `
3 May 2, 2005
AGENDA ITEM hv.16
PAf,E of
Hazardous Materials - Analysis will include use of the review of historical aerial
photographs, county records and a site analysis provided in the 1998 IS/MND and the
General Plan documents. Any other previous hazardous materials investigations done for the
site will be provided by the Applicant to HDR. A separate mitigation program (under a
separate contract) will be developed for any identified contaminated areas, if applicable.
Hydrology/Water Quality - Onsite hydrologic conditions will be summarized to the extent
possible, using previous documentation on the site.' The following features: evaluation of 100
year flood plains, dam inundation areas, existing Qso runoff volumes, post development
hydrology conditions, and any required mitigation measures. Depending on the extent of
information, this section may be split into separate sections for Hydrology and Water Quality.
Water quality information will ' include Best Management Practices, Best Available
Technology, and Best Conventional Technology. If the above analysis is missing any of
these components, it is assumed that the Applicant's engineer will address these issues, or
HDR will complete this work under a separate authorization.
Land Use - Existing onsite and surrounding land uses, as well as proposed General Plan and
zoning designations, will be documented. Potential inconsistencies with existing general plan
and zoning "designations will be documented and any necessary mitigation measures will be
formulated. Compatibility with adjacent land uses will also be evaluated.
Noise — Using the 1998 IS /MND and the General Plan documents, the acoustical environment
on and surrounding the Proposed Project site will be described and county, state and federal
mandated significance thresholds will be documented. Project- related.noise generation will
be documented for maximum build -out. 'Mitigation measures will be developed to mitigate
any significant adverse impacts to less than significant levels.
Paleontological Resources - The IS /MND will include the summary of the paleontological
resource records search and investigations and findings, as identified in the 1998 IS/MND
and the General Plan documents. Project -related impacts to paleontological resources will be
evaluated and mitigation measures developed, if required.
Population/Housing- Impacts to population and housing will be described using the General
Plan documents.
Public Services and Utilities - Existing public services and facilities which would serve the
project will be documented, including water, wastewater treatment, solid waste, recycling,
electricity, natural gas, education, police protection, fie protection, recreation, and library
services. Project - related impacts to each public service and utility will be documented and
appropriate mitigation measures developed to reduce impact to, less than significant levels.
Transportation/Tra„fic — HDR will incorporate. findings from a traffic report that will
document existing traffic and circulation conditions in the vicinity of the Proposed Project
and project-related traffic /circulation impacts. The traffic report will be prepared to address
City concerns regarding substandard traffic and circulation conditions, project impacts and
mitigation measures will be proposed in response to reduce traffic impacts to less than
significant levels.
Persons and Organizations Consulted/References: HDR will prepare this section of the IS/MND
to document all persons and sources that contributed to the.environmental analysis., . I .
I UR 4 = May 2, 2005 O
AGENDA ITEM NO._
OF
WA (o f Z
Screencheck Draft' IS/MND
HDR will submit three copies of the Screencheck Draft IS/MND for City and Applicant review.
Following City and Applicant review of the Screencheck Draft IS /MND, HDR will prepare the
Draft IS/MND that incorporates final changes as approved by the City. HDR assumes that
changes will be minimal due to early consultation -with the City, and previous approval of
technical reports by City persormel.. HDR assumes that 50 copies of the Draft IS/MND and
technical appendices will be provided for distribution. HDR will prepare the Notice of
Completion to be distributed along with public circulation of the Draft IS/MND and will assist in
transmitting the required copies to the State Clearinghouse..
Sub -Task 213: Mitigation Monitoring Reporting Program
As stated above, HDR will prepare a MMRP for submittal with the Final IS/MND. The MMRP
will contain a compilation of mitigation measures presented in the IS/MND. These mitigation
measures and the established MMRP will be fully consistent with Gity policies and programs and
will meet the requirements of Section 21081.6(a) of the Public Resources Code. If requested, the
MMRP will be included in the Final IS/MND as a technical appendix.
Task 3 - Attendance at Meetings, Public Meetings, and Hearings
This scope of work includes an allowance for a total of up to 16 hours (Project Manager) of
meetings related to the Proposed Project. This includes the following: one Planning Commission
public hearing, and one City Council public hearing. ; HDR will attend any additional required
meetings beyond this allowance, if requested, and will be invoiced in accordance with the fee
n schedules in effect at that time, following receipt of written authorization to proceed.
5 May 2, 2005
AGENDA ITEM NO.___�_D
►pA,E
OF LL
Schedule
HDR understands that time is of the essence and the CEQA environmental documents will be
prepared in an efficient manner. The following schedule depicts the IS&IM preparation and
review process schedule and includes the major project CEQA milestones: .
TASK DURATION
1: Project Initiation and Coordination Z 2 Weeks
(assumption that all data will be provided by the Applicant to HDR
by May 6, 2005)
2: IS/MND Preparation
2A: Draft ISIMIND
9 weeks
Prepare Screencheck Draft IS/NM
3 weeks
City /Applicant Review
S days °
Prepare Draft IS/MND for distribution .
1 week
(includes distribution to the State Clearinghouse and other
public entities)"
Draft ISIMW Public Review Period
4 weeks
2B: Mitigation Monitoring and Reporting Plan
1 week
3: Attendance at Meetings, Public Meetings and Hearings Ongoing
° This review period is just an aflautte._dependent on City of Lake Etrinore schedule.
bMay include a second review by the City . - .
6 May 2, 2005
AGENDA ITEta w.�. .
pAGEOF / Z
Cost Estimate
The following cost estimate has been prepared to outline costs to complete the above outlined
nscope of work tasks. Reimbursable expenses, including travel and technology charges, etc. will
be invoiced in accordance with HDR standard rate schedule. Costs are based upon the HDR
standard hourly rate sheet (attached). Document reproduction is an estimate only and an estimate
will be obtained prior to document production.
TASK COST
1: Project Initiation and Coordination
Task I Subtotal $ 4,921
2: IS/MPiD Preparation
2A: Draft IS/MND $ 20,597
2B: Mitigation Monitoring and Reporting Program $ 1,461
Task 2 Subtotal $ 22,059
3: Attendance at Meetings, Public Meetings, and Hearings
Task 3 Subtotal $ 2,160
Document Reproduction/Reimbursables
Screencheck Draft IS/MND (6) $ 200
n
Draft I&MND (50) $ 2,600
Administrative Final lS/MND Documents (6) $ 200
Final Documents - Responses, Errata, MMRP, Findings (20) $ 400
Postage/Mailing $ 500
Mileage $,-400
R/R Subtotal $ 4,300
TOTAL - Tasks 1, 2, 3, 4 and Reproduction/Reimbursables $ 33,439
Document printing costa can be eliminated if the Applicant prefers to use a direct bill reproduction account.
Should the need arise for additional professional services beyond those set forth in the scope of
services due to revisions to the project, the regulatory environment, requirements exceeding our
specified budget allowances, HDR will only undertake such additional services upon receipt of
authorization by The City of Lake Elsinore.
n Fai 7 May 2, 2005
AGENDA ITEM NU. 'I O
PAGE �I OF / Z
SHORT FORM AGREEMENT BETWEEN AGENCY
AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made as of this 2nd day of May 2005, between the City
of (Agency), with principal offices at 130 South Main Street, Lake Elsinore, CA, 92530,
and HDR ENGINEERING, INC., ( "ENGINEER/PLANNER') a Nebraska corporation,
with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in
connection with the project known as the General Plan Amendment and Zone Change for
the future Condo Map No. 33370 Initial Study and Mitigated Negative Declaration
( "eject ");
WHEREAS, AGENCY desires to engage ENGINEER/PLANNER to provide
professional engineering, consulting and related services ( "Services') in connection with
the Project; and .
WHEREAS, ENGINEER/PLANNER desires to render these Services as described in the
attached proposal, Scope of Services.
NOW, THEREFORE, AGENCY and ENGINEER/PLANNER in consideration of the
mutual covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
ENGINEER/PLANNER will provide Services (CEQA Compliance Documentation for
the project which consists of the Scope of Services as outlined in the attached proposal
dated May 2, 2105.
SECTION II.TERMS AND CONDITIONS OF ENGINEERING SERVICES
The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are
attached, are incorporated into this Agreement by this reference as if fully set forth
herein.
SECTION III. RESPONSIBILITIES OF AGENCY
The AGENCY shall provide the information set forth in paragraph 6 of the attached
"HDR Engineering, Inc. Terms and Conditions for Professional Services."
FaR 8 May 2, 2005
AGENDA ITEM NO. -._.
lE L O OF / L
SECTION IV. COMPENSATION
Compensation for ENGINEER'S/PLANNER'S services under this Agreement shall be
1 on the basis of time and materials not to exceed $ 33,439.
Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in
connection with the Project for transportation travel, subconsultants, subcontractors,
computer usage, telephone, telex, shipping and express, and other incurred expense.
ENGINEER will add ten percent (10%) to invoices received by ENGINEER/PLANNER
from subconsultants and subcontractors to cover supervision, administrative, and
insurance expenses.
SECTION V. PERIOD OF SERVICE
Upon receipt of written authorization to proceed, ENGINEER/PLANNER shall perform
the services described in the attached proposal within a reasonable period of time.
Unless otherwise stated in this Agreement, the rates of compensation for
ENGINEER'S/PLANNER'S services have been agreed to in anticipation of the orderly
and continuous progress of the project through completion. If any specified dates for the
completion of ENGINEER'S/ PLANNER'S services are exceeded through no fault of the
ENGINEER/PLANNER, the time for performance of those services shall be
automatically extended for a period which may be reasonably required for their
completion and all rates, measures and amounts of ENGINEER'S/PLANNER'S
n compensation shall be equitably adjusted.
SECTION VL SPECIAL PROVISIONS
No special provisions have been incorporated into this agreement.
f i Ll 9 May 2, 2005
AGENDA REM No. lo
PAGE
Authorization
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
1 avi
"AGENCY" — City of Lake Elsinore
BY:
NAME:
TITLE:
ADDRESS: 130 South Main Street
Lake Elsinore, CA 92530
HDR ENGINEERING, INC. .
"ENGINEER/PLANNER" ,
NAME: Betty Dehoney
TITLE: E&RM Program Mana¢er
ADDRESS: 8690 Balboa Avenue,
Suite 200
San Diego, CA 92123
`.r/
10 May 2, 2005
A06PlD/1 ITEM NO I D
PAS I L Of i 2-
n CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: May 24, 2005
SUBJECT: APPROVAL OF FINAL MAP 31706 -39 A RESIDENTIAL
SUBDIVISION BY PARDEE HOMES LOCATED NORTH
OF CANYON HILLS ROAD AND EAST OF HILLSIDE
DRIVE.
BACKGROUND
Underlying Tentative Tract Map 31706 was approved at the regular City Council
meeting on May 11, 2004. Final Map 31706 -3 represents a consistent division of
the original tentative tract and consists of approximately 43.83 acres that are being
subdivided into 57 residential lots and 7 lettered lots.
DISCUSSION
Staff has reviewed the final map and it conforms substantially to the tentative tract
map and all Conditions of Approval required at the final map stage have been
completed.
FISCAL IMPACT
None.
AQENDA ITEM NO. _1!
PAGE,. OF
REPORT TO CITY COUNCIL
MAY 24, 2005
PAGE 2
RECOMMENDATION
1. Approve the final map, subject to the City Engineer's acceptance as being
true and correct.
2. Authorize the City Clerk to accept all dedications, sign the map and arrange
for the recordation.
S
PREPARED BY: Ken A. Seumalo, City Engineer 0'
APPROVED FOR
AGENDA BY:
MANA6ER'S9 FIC_ E
Attachment: Final Map
AOEMA ITEM NO. '_---
'*°t PAGE-2-1 OF _2'
n CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY; CITY MANAGER
DATE: MAY 249 2005 (CONTINUED FROM MAY 109 2005)
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE .
CITY OF LAKE ELSINORE TO VACATE .A PORTION
OF 3RD STREET EAST:OF COLLIER AVENUE FOR THE
CONSTRUCTION OF A WATER AND SEWER PUMP-,_
:STATION..,,
BACKGROUND
Third Street east of Collier Avenue is an unimproved dirt road that terminates at the
n west edge of Caltrans right -of -way for Interstate 15. Because the street and
surrounding properties are unimproved, this portion of 3d 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 of 3rd 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.
DISCUSSION
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 3r I Street adjacent to
n Collier Avenue. Staff has met with adjacent property owners and discussed several
�cr4 , i e: ue i� 1
REPORT TO CITY COUNCIL
MAY 249 2005
PAGE 2
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 P
Street as viable access from P 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 P 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.
RECOMMENDATION
1. Staff recommends that the City Council continue the public hearing on
this item to`June 14, 2005.
2. Alternatively, the City Council may determine to adopt the attached
Resolution for the Vacation of a portion of P Street.,
PREPARED BY: KEN A.' SEUMALO, CITY ENGINEER
APPROVED FOR
AGENDA BY:
MA AGER'S FFIC
Attachment: A. Third Street Vacation
B. - Location Map.
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, -
CALIFORNIA, FOR THE VACATION OF A PORTION OF THIRD STREET
WHEREAS, the City Council of the City of Lake Elsinore has determined that a portion of the
street right -of -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 corner 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 N43 °42'40 "E 322.85 feet along the northwesterly line of said Third -Street to the
southwesterly Right of Way of Interstate 15, as Riverside County;
Thence S36 °39'08 "E 60.86 feet along Said State of California Land to the southeasterly
line of said Third Street;
( Thence S43 °42'40 "W 312.66 feet along the southeasterly line of said Third Street;
Thence N46 °17'20 "W 60.00 feet to the northwesterly line of SaidiThird Street and the
Point Of beginning.
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 seq.:
WHEREAS, the vacation is permitted by law under pursuant to the conditions set forth in Streets
and Highways 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;
WHEREAS, pursuant to this Resolution 2005- , the public hearing has been held and evidence
submitted;
1
AGENDA ITEM h (,. -_ °2
it ..
PACE L_3- of S —
NOW, THEREFORE, BE TP_ 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 at said public 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.
4. That the City Clerk I hereby ordered to record the Resolution of Vacation in the Riverside
County Recorder's' Office.
PASSED, APPROVED AND ADOPTED this day of
2005 by the following vote:
AYES: COUNCILMEMBERS:.
NOES: COUNCILMEMBERS: >.
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
ROBERT A. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
BARBARA LEIBOLD, CITY ATTORNEY
AGENDA ITEM : ._ P-_' I
PAGE �I OF
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AGENDA ITEM F40- —a-1—
PAGE S of Z
n
n
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL,
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MAY 24, 2005
SUBJECT:, APPEAL OF THE PLANNINGCOMMISSION'S DECISION
TO DENY CONDITIONAL USE PERMIT NO.-2005-05 FOR
NADIR RABBAN AND ABBACY HOLDING CORP. FOR
THE SALE OF ALCOHOLIC BEVERAGES AT THE
PROPOSED GAS STATION, MINI -MART AND AUTO-
MATED CAR -WASH LOCATED 'AT APN(S) 363 -670 -002
AND 363 - 670 -003, RESPECTIVELY
BACKGROUND
On August 19;2003; the Planning Commission approved Conditional Use Permit No.
2003 -04 for a gasoline dispensing establishment and recommended that the City
Council approve Commercial Design Review No. 2003 -04 for the creation of the entire
project which consisted of the design, construction and establishment of a gas .
station/mini -mart and automated "hand" car wash facility. The Commission also
placed a condition excluding the sale of alcoholic beverages.
On September 9, 2003, the City Council then approved Commercial Design Review
No. 2003 -04 allowing for the design, construction and establishment of the gasoline
dispensing establishment associated with the convenience mini -mart and the
"automated hand car wash ".
Then, on March 29, 2005, an application was submitted for a Conditional Use Permit
(CUP No. 2005-05) to allow for the sale of alcoholic beverages at the aforementioned
gas station/mini -mart. The Planning Commission denied Conditional Use Permit No.
2005 -05 on May 3, 2005.
AGENDA ITEM NO. 2 �L__
PAGE 1 OF YO
REPORT TO CITY COUNCIL
MAY 249 2005
PAGE 2
On May 8, 2005, the applicant filed an appeal (Exhibit A) to the City Council
requesting the Council review the Planning Commission's action and approve the sale
of alcoholic beverages from the approved commercial project.
DISCUSSION
Items of discussion included traffic reduction and convenience, licensing process, and
the community setting. The applicant stated that the commercial project, as a whole,
will provide a reduction in traffic at the intersection of Railroad Canyon and
Summerhill Drive /Grape Street as many conveniences, such as gasoline and food
items, will be available at this location fo"r local residents.
The type of license for which the applicant has applied is identified by the Department
of Alcoholic Beverage Control (ABC) as a Type 20 "Off Sale Beer and Wine" license.
The license, according to ABC "authorizes the sale of beer and wine for consumption
off the premises where sold" and would also allow minors on the premises. While, the I 1
mini -mart would offer goods typically sold in a "grocery store" as previously presented �•/
and approved in 2003 "Business Plan" the prospective owner has indicated to staff that
the store .would also` offer a quantity of gourmet food items...
In addition, the new business plan will include a specialty food establishment. Since
the Planning Commission denied CUP No. 2005 -05, the applicant has provided a
revised business plan (Exhibit B). The prospective owner has plans for a section of the
proposed mini -mart to be dedicated as a "wine and beer boutique." This area would
feature "gourmet" imported beers and a wine "cellar" offering local and imported .
wines.
Although, the requested use is only part of an already approved commercial project for
a gas station, mini -mart, and an automated car wash facility on the corner of Canyon
Creek Estates and Summerhill Drive, there are two (2) adjacent sensitive sites.
Residences are within 100 feet and a city park is within 600 feet. As a result, the
Department of Alcoholic Beverage Control (ABC) indicated to staff that a Findings of
Public Convenience or Necessity (PCN) is required prior to the issuance of a license.
AGENDA ITEM NO.�_
PAGE 2- OF Y 0
REPORT TO CITY COUNCIL
MAY 24, 2005
PAGE 3
FISCAL IMPACT
As stated by the applicant in the newly revised business plan (Exhibit B), the project as
a whole will employ approximately 20 -30 local residents. In addition, not only will the
proposed development provide tax revenue for the City, it will also promote further
commercial development in the Summerhill Center.
RECOMMENDATION
The Planning Commission. denied CUP No. 2005 -05 for the sale of alcoholic
beverages. Pursuant to the "revised" business,plan and.Chapter 17.80 of the Lake
Elsinore Municipal Code (LEMC), the applicant is requesting that the City Council
overturn the decision of the Planning Commission. If the Council determines to
approve CUP 2005 -05 it must also adopt Findings for Public Convenience or
Necessity. Staff has included a Resolution to approve Conditional Use Permit No..
n 2005 -05 and make applicable Findings based on the information contained in the staff
report, Attachments and the attached Conditions of Approval.
PREPARED BY: JENIFER E. REINER, ASSOCIATE PLANNER
APPROVED FOR G/
AGENDA BY:
C MANAGER'S OFFIC
ATTACHMENTS
1. Resolution Approving Conditional Use Permit No. 2005 -05 and adopting
the Findings of Public, Convenience or Necessity.
2. Exhibits
A. Appeal Application
B. Revised Business Plan
C. Department of Alcoholic Beverage Control (ABC) Application
3. Minutes for the May 3, 2005 Planning Commission meeting.
4. Staff Report for May 3, 2005 "Planning Commission meeting.
AGENDA ITEM N0.
- PAGE 3 OF �
RESOLUTION NO. 2005 -_ i \
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2005 -05 AND FINDINGS
OF PUBLIC CONVENIENCE OR NECESSITY FOR A _.
TYPE 20 "OFF SALE BEER AND WINE" LICENSE
LOCATED AT ASSESSOR PARCEL . NO. (S) 363- 670 -002
and 363- 670 -003.
WHEREAS, Nader Rabban, has initiated proceedings to request the approval for the sale
of alcoholic (beer and wine) beverages for off -site consumption within an approved mini -mart
proposed on the southwest corner of Canyon Estates and Summerhill Drives (s) on the parcels
known as Assessor Parcel Number(s) 363- 670 -002 & 363 - 670 -003; and ,
WHEREAS, the Planning Commission of the.City of Lake Elsinore at a regular meeting
held on May 3, 2005 made its'report upon the desirability of the proposed project.and made its
recommendations against said Conditional Use Permit No. 2005 -05 by denying Conditional Use
Permit No. 2005 -05; and
WHEREAS, Nader Rabban, has initiated proceedings to appeal the Planning Commission
decision of denial for the sale of alcoholic (beer and wine) beverages for off -site consumption
within an approved mini -mart proposed on the southwest corner of Canyon Estates and
Summerhill Drives (s) on the parcels known as Assessor Parcel Number(s) 363 - 670 -002 & 363-
670 -003; and . . . , , .
WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the
responsibility of considering appeals to Planning Commission decisions; 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 24, 2005:
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows:
SECTION 1. The City Council has considered the proposed Conditional Use Permit No.
2005 -05 and the Findings of Public Convenience or Necessity. The City Council finds and
determines that the Mitigated Negative Declaration and Mitigation Monitoring Program No. 00-
01 are adequate and prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA) which analyzes the environmental effects of the proposed
project prior to City Council certification, based upon the following findings and determinations:
SECTION 2. That in accordance with State Planning and Zoning law and the City of
Lake Elsinore the following findings for the approval of Conditional Use Permit No. 2005 -05,
and Findings of Public Convenience or Necessity.have been made as follows:
AGENDA ITEM NO. 2 Z
PACE tf OF V O
n CITY COUNCIL RESOLUTION
CONDITIONAL USE PERMIT
PAGE NO.2
FINDINGS CONDITIONAL USE PERMIT
1. The proposed use, on its own merits and within the context of its setting, is in accord with
the objectives of the General Plan and the purpose of the planning district in which the
site is located.
Although alcohol sales requires complete analysis and consideration, the proposed use
for the sale of alcoholic beverages will not be detrimental to the general health, safety,
comfort, or general welfare of persons residing or working within the neighborhood of
the proposed use or the City, or injurious to property or improvements in the
neighborhood or the City.
2. The proposed use will not be detrimental to the general health, safety, comfort, or general
welfare of persons residing or working within the neighborhood of the proposed use or
the City, or injurious to property or improvements in the neighborhood or the City.
In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake
Elsinore Municipal Code, the City realized that the proposed alcohol sales located at
Assessor Parcel Number 363- 670 -002 may have a potential to negatively impact the "
^ welfare of persons residing or working within the neighborhood or the City. Considering
1 this, staff has substantiated that all applicable City Departments and Agencies have been
afforded the opportunity for a thorough review of the use and have incorporated all
applicable comments and/or conditions related to regulations ofpoints ofsales for the
alcohol products being proposed, so as to eliminate any negative impacts to the general
health, safety, comfort, or general welfare of the surrounding neighborhood or the City.
3. The site for the intended use is adequate in size and shape to accommodate the use, and
for all the' yards, setbacks, walls or fences, landscaping, buffers and 'other features
required by Title 17 of the LEMC.
The proposed alcohol use located at Assessor Parcel Number 377- 040 -027 has been
designed in consideration of the size and shape of the property. 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 proposed uses have been reviewed to ensure adequate provision of screening from the
public rights -of -way or adjacent properties.
4. The site for the proposed use relates to streets and highways with proper design both as to
width and type of pavement to carry the type and quantity of traffic generated by the
subject use.,
The proposed alcohol use located at Assessor Parcel Number 363 -670 -002 has been
reviewed as to its relation to the width and type ofpavement needed to carry the type and
quantity of traffic generated, in that the City has adequately evaluated the potential
impacts associated with the proposed uses prior to ,its, approval and has conditioned the
t project to be served by roads of adequate capacity . and design standards to provide
reasonable access by car, truck, transit," and bicycle.
AGENDA REM N0.
PAGE S OF o
CITY COUNCIL RESOLUTION
CONDITIONAL USE PERMIT
PAGE NO.3
5. In approving the subject use located at Assessor Parcel Number 377 - 040 -027 there will
be no adverse affect on abutting property or 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 potential for any and all adverse
effects on the abutting property.
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have
been incorporated into the approval of the Conditional Use Permit to insure that the use
continues in a manner envisioned by these findings for the term of the use.
Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake
Elsinore Municipal Code (LEMC), the proposed alcohol sales located at Assessor Parcel
Number 363- 670 -002 has been scheduled for consideration and approval of the Planning
Commission.
FINDINGS PUBLIC CONVENIENCE OR NECESSITY
1. Does the proposed establishment have any unique features, which are not found in other
similar uses in the community (i.e. types of games, types of food, and other special
services)? rr ll
The applicant states that he has already discussed the possibility of Starbuck's Coffee or fir✓
Dominoes Pizza becoming a tenant in the mini -mart. While there are other similar
establishments located close by, none are located in conjunction with a gasoline
dispensing station. The co- location of these uses does provide a level of convenience for
the customer of this proposed establishment.
2. Does the proposed establishment cater to an under -served population. (i.e. patrons of
different socio- economic class)?
The proposed establishment will better serve the population that has recently moved into
the region and commutes into Los Angeles and Orange Counties. ,
3. Does the proposed establishment provide entertainment which would fill a niche in the
community (i.e. comedy club, jazz club, etc)?
The applicant is not proposing any entertainment for this proposed use. If the entire
commercial activity is considered, the proposed establishment does provide a car wash
service. There are no similar establishments nearby on the east side of Interstate 15:
4. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e.
freeways, major roads, major intersections) separating the proposed establishment from
other establishments?
Yes, Summerhill Drive and Canyon Estates Drive is signalized, which includes a
pedestrian crosswalk. In addition, there is approximately a four foot (4 ) change of
grade from the street level to the pad as graded for the proposed establishment. Finally,
the applicant has agreed to provide any additional barriers as appropriate.
pfWDA ffW NO.�
PAGE (p OF ! t7
F -- --
n CITY COUNCIL RESOLUTION
CONDITIONAL USE PERMIT
PAGE NO.4
5. Is the proposed establishment located in an area where there is a significant influx of
population during certain seasonal periods?
No. This proposed commercial activity is located so as to serve the local community of
commuters and residents.
6. Is there a proliferation of licensed establishments within a quarter mile of the proposed ,
establishment?
According to ABC, there is not a proliferation of similar establishments. - There is
another liquor store located approximately 500 feet to the south on Summerhill Drive.
As required by the ABC, only three (3) licenses for Type 20 - off -sale, beer and wine
license are allowed for this particular census tract. Currently, there are two (2) such '
licenses being used. The applicant has already submitted an application to ABC; but it is
pending the City's Finding of Public Convenience or Necessity.
7. Are there any sensitive uses (i.e. schools, parks, hospitals, churches) in close proximity
(600 feet) to the proposed establishment?
Yes. Summerhill Park is located directly across Summerhill Drive from the proposed
establishment. This park is approximately 150 feet away.
8. Would the proposed establishment interfere with the quiet enjoyment of their property by
the residents of the area?
No. The developer and the applicant have made every effort to maintain the quiet
enjoyment of the residences in the area.
9. Will the proposed establishment add to the law enforcement problems in the area?
Although, the Police Chief has included a letter in the Staff Report which opposes the
proposed use he has indicated to staff that he will support the use when ABC has issued
the license.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council
of the City of Lake Elsinore, California, DOES HEREBY approve Conditional Use Permit No.
2005 -05.
PASSED, APPROVED AND ADOPTED this 24`h day of May 2005, by the following
vote:
AYES:
NOES:
n ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
AGENDA REM No. 2
PAGE 7 OF o
CITY COUNCIL RESOLUTION
CONDITIONAL USE PERMIT
PAGE NO.5
AGENDA ITEM N0.
PAGE 8 OF !� °
d
...✓
`.+/
PAGE 6 - PLANNING COMMISSION MINUTES - May 3, 2005
5.
NO. 2005-01 AND VARIANCE NO. 2005-02 TO PLANNING
COMMISSION MEETING ON MAY 17, 2005.
Chairman LaPere opened the Public Hearing at 6:46 pn-
City Manager Brady provided a brief overview of the proposed project and requested
Planning Manager Preisendanz review the item with the Commission and answer questions.
Planning Manager Preisendanz introduced Associate Planner Reiner as anew addition to the
Planning Division and noted that the project before them was her project. He provided an
overview of the Conditional Use Permit issued previously and noted the additional
conditions of approval. He indicated that the applicant, who was interested in purchasing
the property had applied to the ABC Board for a license, which was pending. He provided a
description of the location of the establishment. He further indicated that the ABC Board'
had requested a Finding of Public Convenience "ad Necessity from the City prior to issuing `
of the license to the applicant. He indicated that the Chief of Police submitted a letter
stating his objection to the alcohol license, however if ABC issued the license, then he would
support the Type 20 license. He noted that the applicant was willing to provide a barrier
between the store and street frontage to enhance prohibition. He noted that hours of
operation would be 5 a.m. to 11 p.m
Chairman LaPere requested clarification as to the number of licenses ABC had issued in the
area.
Planning Manager Preisendanz indicated that there were three licenses issued per census
tract and two had been issued in this census tract, so a third is available to this applicant.
Nader Rabban, 2681 Hrdden Trail Dr., Jamul, Ca., addressed the traffic issue in the
intersection and indicated that this business would relieve traffic in the area. He provided an
overview of his other businesses, all family owned and operated.
Vida Boice, 17 Pulte Negra, Lake Elsinore, stated her opposition to the project.
Commissioner Gonzales clarified that the project had already been approved, but without "
the alcoholic beverage sales option. He stated his opposition to the location being near a
public park
Commissioner Larimer noted her concern with liquor in the neighborhood.
AGENDA ITEM N0. Z
PACE -- -�.... ...
OF V, O
PAGE 7- PLANNING COMMISSION MINUTES = May 3, 2005
Mr. Rabban stated that alcohol was everywhere and the location of his establishment would
reduce traffic issues. He noted the barrier would discourage people from crossing the street
into the park.
Commissioner Latimer noted that she heard him say that if he sold alcohol at the corner it.
would solve traffic issues.
Mr. Rabban clarified that the convenience of the establishment would relieve'traffic.
Commissioner larirmr stated that the project had been previously approved without alcohol
sales permitted.
Michael Mead, 361 -C Railroad Cyn Rd. provided a brief overview of the background of the
previously approved project, which did not allow, alcohol sales. He indicated that the .
purpose of this request to allow alcohol sales would encourage the business. owner to make
additional improvements to the establishment.
Commissioner Larimer stated that what she heard Mr. Mead encourage was drinking and
driving. She stated that what she heard Mr. Mead say was that there was under age kids, a
park and alcohol. She asked Mr. Mead to make her hear something different.
There was discussion as to the different facets of the proposed business.
Joe Boice, Tuscany Hills, stated his concern for the local park and children attempting to
cross the street for snacks. I ,
Chairman LaPere requested clarification as to ABC's.requirement relative to residents.
Planning Manager Preisendanz stated that ABC had requested the City to make a Finding of
Convenience and Necessity. He noted that the, project met the requirements for the
establishment to be 100 feet from residents and 600 feet from a park He further noted the
additional enhancements to the convenience store an d the willingness of the applicant to
work with staff.
Chairman LaPere clarified that the project had been approved.prior to this meeting, but
without the beer and wine sales. There was discussion regarding the impact that the sales of
beer and wine would have on the success of the convenience store.
Commissioner Gonzales asked if the sale of the business would terminate if -the request for
alcohol sales was denied.
Mr. Raddan confirmed.
There being no further business, Chairman LaPere closed the Public Hearing at 7:22 p.m.
AGENDA ITEM N0._g
PACE /0 or 11p
PAGE 8 - PLANNING COMMISSION MINUTES - May 3, 2005
t !
Chairman LaPere asked if the Commission could take a position as it relates to the City
Council.
City Manager Brady stated that a Conditional Use Permit was final at the Planning
Commission, but the applicant may file an appeal to City Council in the event of a denial.
MOVED BY LAPERE,. BUT THE ITEM FAILED DUE TO LACK
OF A SECOND TO APPROVE CONDITIONAL USE PERMIT NO.
2005 -05 AND FINDING OF PUBLIC CONVENIENCE AND
NECESSITY FOR THE SALE OF ALCOHOLIC (BEER AND
WINE) BEVERAGES AT THE APPROVED GAS STATION,
MM -MART AND AUTOMATED CAR WASH LOCATED ON
THE SOUTHWEST CORNER OF CANYON ESTATES AND
SUMMERHILL DRIVE(S).
Chairman LaPere noted that the applicant had ten days to appeal the denial to the City
Council.
AUSINESS ITEMS
n
INFO TIONAL
NONE .
rMana er Bradv cdb3thented on the tollowin :
• WelcomAMISSIO o'the Planning Division staff.
N KING COMMENTS
•
Welomed jenifer Reiner to stafFS
• S d that her decision was not pe
�; Stated that he hoped that the applicant
win
re ' forward with his car wash project;
AGENDA ITEM NO.
PACE // OF 1/ 0 �
Pl e'.'i't
Oivlris•
lms.m1305 Man Sucn.
late(J )6743192530
(909)6]4-3124
(909) 471 -1419 fu
PLANNING COMMISSION
STAFF REPORT
DATE: May 3, 2005
TO: Chairman and Members of the Planning Corturission'
FROM: Rolfe Pteisendanz, Planner Manager
PREPARED BY: Jenifer Reiner, Associate Planner
PROJECT TITLE: Conditional Use Permit No. 2005 -05 and Finding of Public
Convenience and Necessity for the sale of alcoholic (beer and wine)
beverages at the proposed Gas Station, Mini -Mart and 'Automated
Car Wash.
APPLICANT: Nader Rabban, 3681 Hidden Trail Drive, Jamul, CA 91935
OWNER: Abbacy Holding Corporation, c/o Michael Mead, 361 -C Railroad
Canyon Road, Lake Elsinore CA 92532
PROJECT REQUEST
Approval for the sale of alcoholic (beer and wine) beverages for off -site; consumption within an,
approved mini -mart proposed on the southwest corner of Canyon Estates and Summethill Drive(s)
south of Washington Mutual Bank. The approval of Conditional Use Permit No. 2005 -05 .would
reverse a condition placed on the use of the property which prohibited the sale of alcoholic
beverages. The review and analysis is pursuant to Chapter 17.38 (Non - residential Development
Standards), Chapter 17.74 (Conditional Use Permit), and Section 030 of the Canyon Creek
"Summerhill" Specific Plan.
PROJECT LOCATION
The 1.33 -acre project site is located on the southwest corner of Surnmerhill and Canyon Estates
Drive(s), east of Interstate 15 and north of the San Jacinto River. The project site consists of Parcel
No. 2 (.63 net acres) and Parcel No. 3 (70 net acres) of Parcel Map 30832, within the Canyon Creek
"Summerhill" Specific Plan Area, Assessor Parcel Numbers 363 -670 -002 and 363 -6i7 -0 -003,
respectively. AGENDA ITEM NO. oL ,
PACE /Z OF V
al
PLANNING COMMISSION STAFF REPORT
MAY 3, 2005
PAGE 2 of 8
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-05 AND
FINDINGS OF PUBLIC CONVENIENCE AND
NECESSITY FOR THE SALE OF ALCOHOL AT THE
MINI -MART ASSOCIATED WITH THE GASOLINE
DISPENSING ESTABLISHMENT
BACKGROUND
On August 19, 2003, the Planning Commission approved Conditional Use Permit No. 2003 -04 for a
gasoline dispensing establishment and recommended that •the City Council approve Commercial
Design Review No. 2003 -04 for the creation of the entire 'project which consisted of the design,
construction and establishment of a gas station /mini -maxi and automated "hand car wash facility.
Purposely, the Commission also placed a condition, excluding the sale of alcoholic beverages.
Following, on September 9, 2003, the City Council then approved Commercial Design Review No.
2003 -04 allowing for the design, construction and establishment of the gasoline dispensing
establishment-associated with the convenience mini -mart and the "automated hand car wash ". ,
ENVIRONMENTAL SETTING
DESCRIPTION OF PROPOSED USE
Pursuant to Chapter 17.74 of the LEMC, the Planning Commission is empowered to grant
applications for Conditional Use Permits. Summarily, as also required by Section 030 of the Canyon
Creek ' "Summerhill" Specific Plan, the applicant is requesting that the Planning Commission
approve the subject'Conditional Use Permit which would allow for the sale of beer and wine from
the subject mini -mart. This type of license is identified by the Department of Alcoholic Beverage
Control (ABC) as a Type 20 "Off Sale Beer and Wine" license. The license, according to ABC
"authorizes the sale of beer and wine' for consumption off the premises where sold" and would also
allow minors on the premises. While, the mini -mart would offer goods typically sold in a "grocery
store" as previously presented and approved in 2003 "Business Plan", the prospective owner has
indicated to staff that a specialty food establishment such as Starbucks, Pizza Hut or Dominoes
would be included'inthe new business plan, along with the sale of beer and wine.
AGENDA 1TEM NO.
PAGE 13 OF_ �i O
PACUP 2005 -05 Mead Rabban Alcoholic sales \REPORTS\JR - PC Staff Report - alcohol sales.doc
4 a
�
4 '
>n a
Project Site
Vacant
C -1 /SP
Summerhill Specific Plan
North
Single-Family Tract
R -1
Summerhill Specific Plan
West
Washington Mutual Bank
C -1 /SP
Summerhill Specific Plan
South
San Jacinto River
East
City Park Site:
Canyon Creek
Summerhill Specific Plan
Summerhill Park
Specific Plan
DESCRIPTION OF PROPOSED USE
Pursuant to Chapter 17.74 of the LEMC, the Planning Commission is empowered to grant
applications for Conditional Use Permits. Summarily, as also required by Section 030 of the Canyon
Creek ' "Summerhill" Specific Plan, the applicant is requesting that the Planning Commission
approve the subject'Conditional Use Permit which would allow for the sale of beer and wine from
the subject mini -mart. This type of license is identified by the Department of Alcoholic Beverage
Control (ABC) as a Type 20 "Off Sale Beer and Wine" license. The license, according to ABC
"authorizes the sale of beer and wine' for consumption off the premises where sold" and would also
allow minors on the premises. While, the mini -mart would offer goods typically sold in a "grocery
store" as previously presented and approved in 2003 "Business Plan", the prospective owner has
indicated to staff that a specialty food establishment such as Starbucks, Pizza Hut or Dominoes
would be included'inthe new business plan, along with the sale of beer and wine.
AGENDA 1TEM NO.
PAGE 13 OF_ �i O
PACUP 2005 -05 Mead Rabban Alcoholic sales \REPORTS\JR - PC Staff Report - alcohol sales.doc
PLANNING COMMISSION STAFF REPORT :
MAY 3, 2005
PAGE 3 of 8
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-05 AND
FINDINGS OF PUBLIC CONVENIENCE AND
NECESSITY FOR THE SALE OF ALCOHOL AT THE
MINI -MART ASSOCIATED WITH THE GASOLINE
DISPENSING ESTABLISHMENT
Hours of ODeratiox
The applicant, Mr. Rabban, is requesting that the gasoline dispensing establishment and. the
associated mini -mart be open, for business:from 5:00 AM. to 11:00 P.M. daily. Further, the
applicant would also like to be open.on all holidays. The applicant plans to employee approximately
8 -10 staff persons. The opening persoti will work alone until 10:00 AM. A second employee will
work from 10:00 AM until the late afternoon. Two (2) persons will work the store most of the day,
but the closing person will work alone in the late everting.
Although it is difficult to determine the volume of customers anticipated for,this store, the applicant
has stated that he does not envision any increase in traffic generation with the inclusion of the sale
of alcoholic beverages to the already approved use. The applicant expects that the type and volume
of traffic to be typical of a local neighborhood convenience store, as previously analyzed. Further,
the applicant does not expect significant amount freeway oriented traffic, given its proximity to the
freeway "on and off' ramps at Railroad Canyon Road and the 115 Freeway:
ANALYSIS
CONDITIONAL USE PERMIT NO. 2005 -05
Sale ofAlcobolic Bevera�s
Primary concerns dealing with a Type 20 "Off Sale Beer and Wine" licenses are the establishment of
appropriate mechanisms to ensure that any potential to negatively impact adjoining sensitive
receptors such as schools, church's, residents and public parks are addressed and considered. In this
case, those concerns are primarily related to residents . in the vicinity and the Summerhill City Park
across the street, since there are no schools or churches in close proximity to the proposed use.
These concerns will be addressed through appropriate conditions of approval as contained herein,
and the "Findings of Public Convenience or Necessity" as required by the ABC, which are analyzed
and explained in this report.
Due to the nature of the request, staff also solicited input from both ABC and the Lake Elsinore
Police Department. As a result, ABC indicated to staff that although there are a total of three (3)
licenses allowed,in the project's, Census Tract and only two (2) have been issued; the project is still
within 100' of a local residence and 600' of a City Park and would therefore require Findings of
Public Convenience or Necessity (PCN). Further, although Police Chief Fetherholf could not
support the applicant's request to sell alcohol at the proposed location (See attached letter), he
indicated to staff that he would support the license if ABC issued the license pursuant ys� t1
approval of this request. AGENDA ITEM NO. oL
PAGE /`/ OF—,, 5to
P: \CUP 2005 -05 Mead Rabban Alcoholic sales \REPORTS \JR - PC Staff Report - alcohol sales.doc'
`.r✓
PLANNING COMMISSION STAFF REPORT
MAY 3, 2005
n PAGE 4 of 8
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-05 AND
FINDINGS OF PUBLIC CONVENIENCE AND
NECESSITY FOR THE SALE OF ALCOHOL AT THE
MINI -MART ASSOCIATED WITH THE GASOLINE
DISPENSING ESTABLISHMENT
Pursuant to Section 17.38.070 (Sale of Alcoholic Beverages) of the LEMC the proposed project will
need to meet and abide by the criteria discussed below:
• No beer or wine shall be displayed within five feet (5) of the cash register or the fmnt.door unless it is in a
permanently affixed cooler as of January 1, 1998.
■ No sale or display of beer or wine shall be made from an ice tub.
• No beer or wine advertising shall be located on motor fuel islands and no se!` illuminated advertising for wine
or beer shall be located on buildings or windows.
■ No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
• No sale of alcoholic beverages shall be made from a drive -in window.
■ , No display or sale of beer or wine shall be made from an ice tube.
f • Employees on duty between 10:00 p.m. and 2:00 a.m. shall be at least twenty -one (21) years of age to sell
beer and wine.
The applicant has stated that he intends to strictly adhere to the L.EMC with regards to the sale of
alcoholic beverages. Additionally, the owner /developer of the project has agreed to provide barriers
(i.e. fencing) controlling pedestrian access from the convenience store to the both the residents and
the park.
ENVIRONMENTAL
Pursuant to the California Environmental Quality Act, Section 15162 (Subsequent EIRs and
Negative Declarations), staff has determined that the proposed project is consistent with the
Mitigated Negative Declaration and Mitigation Monitoring Program No. 00 -01 previously approved
by the City Council. Therefore no additional environmental clearance is necessary.
RECOMMENDATIONS
It is recommended that the Planning Commission consider the proposal for the identified
Conditional Use Permit and Findings of Public Convenience or Necessity. If the Planning
Commission so desires, staff has included Resolutions of approval to adopt Resolution No. 2005 -_
approving Conditional Use Permit No 2005 -05 based the following Findings, Exhibits A and B, and
the proposed Conditions of Approval.
r AGENDA ITEM NO. —
PAGE / S OF � °
PACUP 2005 -05 Mead Rabban Alcoholic sales \REPORTS\lR - PC Staff Report - alcohol sales.doc
PLANNING COMMISSION STAFF REPORT
MAY 3, 2005
PAGE 5 of 8 ( �
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-05 AND
FINDINGS OF PUBLIC CONVENIENCE AND
NECESSITY. FOR THE SALE OF ALCOHOL AT THE
MINI -MART ASSOCIATED WITH THE GASOLINE
DISPENSING ESTABLISHMENT
FINDINGS — CONDITIONAL USE PERMIT
The proposed use, on its own merits and within the context of its setting, is in accord with
the objectives of the General Plan and the purpose of the planning district in which the site
is located.
Although alcohol sales rzquirxr complete analysis and consideration, the proposed use for the sale of alcoholic
beverages will not be detrimental to the general health, :ratify, comfort, orgeneral welfarr ofpersons residing or
working within the neighborhood of the proposed use or the City, or injurious to property or improvements in
the neighborhood or the City.
2. The proposed use will not be detrimental to the general health, safety, comfort, or general
welfare of persons residing or working within the neighborhood of the proposed use or the
City, or injurious to property or improvements in the neighborhood or the City.
In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Luke Elsinore
Municipal Code, the City realized that the proposed alcohol sales located at Assessor Parcel Number 363 -
670-002 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 opportunity for a thorough review of the use and have incorporated all
applicable comments and/or conditions related to regulations of points of sales for the alcohol products being
proposed, so as to eliminate any negative impacts to the general health, safety, comfory, or general welfare of
the surrounding neighborhood or the City.
3. The site for the intended use is adequate in size and shape to accommodate the use, and for
all the yards, setbacks, walls or fences, landscaping, buffers and other features required by
Title 17 of the LEMC.
The proposed alcohol use located at Assessor Parcel Number 377- 040 -027 has been designed in
consideration of the size and shape of the propery. Further, the project as proposed, will complement the
quality of existing development and will orate a visually pleasing, non - detractive relationship between the
proposed and existing projects, in that the proposed uses have been reviewed to ensure adequate provision of
screening from the public rights -of -way or adjacent properties.
4. The site for the proposed use relates to streets and highways with proper design both as to
width and type of pavement to carry the type and quantity of traffic generated by the subject
use.
The proposed alcohol use located at Assessor Parcel Number 363 - 670 -002 has been reviewed as to its
relation to the: width and type of pavement needed to carry the type and quantify of traffic generated, in that
the City has adequately evaluated tbepotential impacts associated with the proposed uses prior to its approval
and has conditioned the project to be served by roads of adequate capacity and design standards to rvmde r( l�
reasonable access by car, truck, transit, and bicyde. AGENDA ITEM NO.� — `.s/
PAGES OF t - —
P: \CUP 2005 -05 Mead Rabban Alcoholic sales \REPORTS \JR - PC Staff Report - alcohol sales.doc
PLANNING COMMISSION STAFF REPORT "
MAY 3, 2005
t PAGE 6 of 8
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-05 AND
FINDINGS OF PUBLIC CONVENIENCE AND
NECESSITY FOR THE SALE OF ALCOHOL AT THE
MINI -MART ASSOCIATED WITH THE GASOLINE
DISPENSING ESTABLISHMENT -
5. In approving the subject use located at Assessor Parcel Number 377 - 040 -027 there will be
no adverse affect on abutting property or the permitted and normal'use thereof.
The proposed use has been thoroughy reviewed and conditioned by all applicable City Departments and
outside Agencies, eliminating the potential for any and all adverse effectson the abutting property.
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been
incorporated into the approval of the Conditional Use Permit to insure that the use
continues in a manner envisioned by these findings for the term of the use.
Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore
Municipal Code (L.EMC), the proposed alcohol sales located at Assessor Parcel Number 363 - 670 -002 has
been scheduled for consideration and approval of the Planning Commission.
FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY
f As required by the ABC staff is required to make Finding of Public Convenience or Necessity since the
proposed use is in close proximity to both the residents and the park. The following are provided to
assist the Planning Commission in determining the Finding of Public Convenience or Necessity.
1. Does the proposed establishment have any unique features; which are not found in other
similar uses in the community (i.e. types of games, types of food, and other special services)?
The applicant states that he has already discussed the possibik'ty of Starbuck's Coffee or Dominoes Pizza
becoming a tenant in the mini -mart. While there are other similar establishments located close by, none are
located in conjunction with a gasoline dispensiirg station. The co- location of these uses does provide a level of
convenience for the customer of this proposed establishment. I
2. Does the proposed establishment cater to an under- served population (i.e. patrons of
different socio- economic class)?
The proposed establishment will better serve the population that has recently' moved into the region and
commutes into Los Angeles and Orange Counties.
3. Does the proposed establishment provide entertainment which would fill a niche in the
community (i.e. comedy club, jazz club, etc)?
The applicant is not proposing any entertainment for this proposed use. If the entire commercial activity is
/1 considered, the proposed establishment does provide a car wash service. There are no similar establishments
nearby on the east side of Interstate 15. AGENDA ITEM NO.
PAGE_LJ_OF_
P: \CUP 2005 -05 Mead Rabban Alcoholic sales \REPORTS\JR - PC Staff Report - alcohol sales.doc
PLANNING COMMISSION STAFF REPORT
MAY 3, 2005
PAGE 7 of S
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005 -05 AND
FINDINGS OF PUBLIC CONVENIENCE AND
NECESSITY FOR THE SALE OF ALCOHOL AT THE
MINI -MART ASSOCIATED WITH THE GASOLINE
DISPENSING ESTABLISHMENT
4. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways,
major roads, major intersections) separating. the. proposed establishment -from other
establishments?
Yes, Summerhill Drive and Canyon Estates Drive is signalized, which includes a pedestrian crosswalk. In
addition, then is approximately a four foot (4 i change ofgrade from the street level to the pad as graded far
The imposed establishment. Finally, the applicant has agreed to provide any additional barriers as
appropriate.
5. Is the proposed establishment located in an area where there is a significant influx of
population during certain seasonal periods?
No. This proposed commercial activity is located so as to serve the local community of commuters and
residents
6., Is there a proliferation of licensed" establishments within a quarter mile of the proposed (..+/
establishment ? -
According to ABC, there is not a proliferation of similar establishments There is another liquor store
located abprox7matey 500feet to the south on Summerhill Drive. As required by the ABC, only three (3)
licenses for Type 20 - off -sale beer and wine license are allowed for this particular census tract. Currently,
there are two (2) such licenses being used The applicant has already submitted an application to ABC, but
it is pending the City's Finding of Public Convenience or Necessity. `
7. Are, there any sensitive uses (i.e. schools, parks, hospitals, churches) in close proximity (600
feet) to the proposed establishment?
Yes. Summerhill Park is located directly across Summerhill Dnve fmm the proposed establishment This
park is appnximacey 150feet away.
8. Would the proposed,establishment interfere with the quiet enjoyment of their property by
the residents of the area? ,
No. The developer and the applicant have made every 'effort to maintain the quiet enjoyment of the residences
in the area. .
9. Will the proposed establishment add to the law enforcement problems in the area? n
AGENDA ITEM NO.�1—
PAGE t J OF 1{O'
PACUP 2005 -05 Mead Rabbm Alcoholic sales \REPORTS\JR - PC Staff Report - alcohol sales.doc
PLANNING COMMISSION STAFF REPORT
MAY 3, 2005
n PAGE 8 of 8
PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2005-05 AND`
FINDINGS OF PUBLIC CONVENIENCE AND -
NECESSITY FOR THE SALE OF ALCOHOL AT THE
MINI -MART ASSOCIATED WITH THE GASOLINE
DISPENSING ESTABLISHMENT '
Akhag the Polue thief has vdudai a letter- in the Staff Report uhidb qta the p tipcsal use he has
inclinual tostaff dw he will support floe use uhenABChas usual dx luerae
PREPARED BY: JENIFER REINER, ASSOCIATE PLANNER,
REVIEWED BY:
APPROVED BY:
50
Exhibit A Vicinity Map
Exhibit B Letter from City of Lake Elsinore Police Department dated April 25, 2005.
r AGENDA ITEM No.�
DACE / �1 OF t/o
U: \Jreiner \C[JP 2005.05 Mead Rabban Alcoholic sales \REPORTS \JR - PC Staff Report - alc. -6-'
RESOLUTION NO. 2005-_
A RESOLUTION OF THE PLANNING COMMISSION OF
THE . CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT NO. 2005 -05
AND FINDINGS OF PUBLIC CONVENIENCE OR
NECESSITY FOR A TYPE 20 "OFF SALE BEER AND
WINE" LICENSE LOCATED AT ASSESSOR PARCEL NO.
(S) 363- 670 -002 and 363- 670 -003.
WHEREAS, Nader Rabban, has initiated proceedings to request the approval for the sale
of alcoholic (beer and wine) beverages for off -site consumption within an approved mini -mart
proposed on the southwest corner of Canyon Estates and Summerhill Drive(s); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated
with the responsibility of approving Conditional Use Permits; and
WHEREAS, public notice of said application has been given, and the Planning
Commission has considered evidence presented by the Community Development Department
and other interested parties at a public hearing held with respect to this item on May 03, 2005.
NOW THEREFORE, the' Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has considered the proposed Conditional Use
Permit 2005 -05 and the Findings of Public Convenience or Necessity. The Planning
Commission finds and determines that the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 00 -01 is adequate and prepared in accordance with the requirements of
the California Environmental Quality Act (CEQA) which analyzes environmental effects of the
project, based upon the following findings and determinations:
SECTION 2. That in accordance with State Planning and Zoning law and the City of
Lake Elsinore the following findings for the approval of Conditional Use Permit No. 2005 -05
and Findings of Public Convenience or Necessity have been made as follows:
FINDINGS CONDITIONAL USE PERMIT
1. The proposed use, on its own merits and within the context of its setting, is in accord with
the objectives of the General Plan and the purpose of the planning district in which the site
is located.
Although alcohol sales requires complete analysis and consideration, the proposed use for the sale of alcoholic
beverages will not be detrimental to the general health, safety, comfort, orgeneral welfare of persons residing or
working within the neighborhood of the proposed use or the City, or injurious to properly or improvements in
The neighborhood or the City.
AGENDA REPrI N0.
PAGE 20 OF 00
PLANNING COMMISSION RESOLUTION FOR
CONDITIONAL USE PERMIT NO. 2005-05
Page 2 of 4
2. The proposed use will not be detrimental to the general health, safety, comfort, or general
welfare of persons residing or working within,the. neighborhood of the proposed use or the
City, or injurious to property, or improvements in the neighborhood or the City. .
In accord with the purposes of the Chapter 1, 7.74 (Conditional Use Permits) of the Lake Elsinore
Municipal Code, the City realized that 'the proposed alcohol sales located at Assessor. Parcel Number 363 -
670 -002 may have a potential to negatively impact the we piere 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 opportunity far a thorough review of the use and have incorporated all
applicable comments andl or conditions related to regulations vfpoints of sales for the alcohol products being
proposed, so as to eliminate any negative impacts to the general health, safety; comfort, orgeneral welfare of
the surrounding neighborhood or the City. _
3. The site for the intended use is adequate in size and shape to accommodate the use, and for
all the yards, setbacks, walls or fences, landscaping, buffers and other features required by
Title 17 of the LEMC:
The proposed alcohol use located at Assessor Parcel Number 377 -040 -027 has been designed in
consideration of the site and shape of the property. Fwber, the project as proposed, will complement the
quality of existing development and will create a visually pleasing, non - detractive relationship between the
/1 proposed and existing projects, in that the proposed uses have been reviewed to ensure adequate provision of
1 screening from the public rights -of -way or adjacevt properties.
4. The site for the proposed use relates to streets and highways with proper design both as to
width and type of pavement to carry the type and quantity of traffic generated by the subject
use.
The proposed ahvbol use located at Assessor Parcel Number 363- 670 -002 has been reviewed as to its
relation to the width and type ofpavement needed to carry the type and quantity of traffic generated, in that
the City has adequately evaluated the potential impacts associated with the proposed uses 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 bigde.
5. In approving the subject use located at Assessor Parcel Number 377 -040 -027 there will be
no adverse affect on abutting property or 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 potential for any and all adverse effects on the abutting property.
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been
incorporated into the approval of the Conditional Use Permit to insure that the use
continues in a manner envisioned by these findings for the term of the use.
n
Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore
Municipal Code (LEMC), the proposed alcohol sales located at Assessor Parcel Number 363- 670 -002 has
been scheduled for consideration and approval of the Planning Commission. AGENDA ITEM N0. 22—
PACUP 2005 -05 Mead Rabban Alcoholic sales \REPORTS \PC RESO CUP 2005- 05.doc
PAGE Zr OF YO
PLANNING COMMISSION RESOLUTION FOR
CONDITIONAL USE PERMIT NO. 2005 -05
Page 3 of 4
FINDINGS PUBLIC CONVENIENCE OR NECESSITY
1. Does the proposed establishment have any unique features, which are not found in" other
similar uses in the community (i.e. types' of games, types of food, and other special services)?
The applicant states that he has already' discussed the posribiho of StarbuXs Coffee or Dominoes Pizza
becoming a tenant in the mini mart While there are other similar establishments located close by, none are
located in conjunction with a gasoline dispensing station. The co- location of these uses does provide a level of
convenience for the customer of this proposed establishment.
2. Does the proposed establishment cater, to an under- served population (i.e. patrons of
different socio - economic class)? ,
The proposed establishment will better serve the population that has recently' moved into the region and
commutes into Los Angeles and Orange Counties.
3. Does the proposed 'establishment provide entertainment which would 'fill a niche in the
community (i.e. comedy club, jazz club, etc)?
The applicant is not proposing any entertainment for this proposed use. If the entire commercial activity is
con adered, the proposed establishment does provide a car wash service: There are no similar establishments
nearby on the east side of Interstate 15. -
4. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, ( )
major roads, major intersections) separating the proposed establishment from other
establishments?
Yes, Summerhill Drive and Canyon Estates Drive is signalized, which includes a pedestrian crosswalk. In
addition, there is approximately a four foot (4 ) change ofgrade from the street level to the pad as graded far
the proposed establishment. Finally, the applicant has agreed to provide any additional barriers as
appropriate.
5. Is the proposed establishment located in an area where there is a significant influx of
population during certain seasonal periods?
No. This proposed commercial activity is located so as to serve the local community of commuters and
residents.
6. Is there a proliferation of licensed establishments within a quarter mile of the proposed
establishment?
According to ABC, there is not a proliferation of similar establishments. There is another liquor store
located appmx7matey 300 feet to the south on Summerhill Drive. As required by the ABC, only three (3)
licenses for Type 20 - off -sale beer and wine license are allowed for this particular census tract. Currently,
there are two (2) such licenses being used. The applicant has already submitted an application to ABC, but
it is pending the City's Finding of Public Convenience or Necessity.
AGENDA ITE %i NJ. 2 2
PAGE Zl- oF_go
P: \CUP 2005 -05 Mead Rabban Alcoholic sales \REPORTS \PC RESO CUP 2005- 05.doc
a
PLANNING COMMISSION RESOLUTION FOR
CONDITIONAL USE PERMIT NO. 2005-05
Page 4 of 4
7. Are there any sensitive uses (i.e. schools, parks, hospitals, churches) in close proximity (600
feet) to the proposed establishment?
Yes. Summerhill Park is located directly across Summerhill Drive from the proposed establishment. This
" park is approximately` 150 feet away.
8. Would the proposed establishment interfere with the quiet enjoyment of their property by
the residents of the area?
No: The developer and the applicani have made every effort to maintain the quiet enjoyment of the residences
in the area.
9. Will the proposed establishment add to the law enforcement problems in the area?
Although, the Poh'ce Chief has included a letter in the Staff Report which opposes the proposed use he has
indicated to staff that he will support the use when ABC has issued the license.
NOW, THEREFORE, based on the above findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY approve Conditional Use Permit No. 2005 -05.
Ron LaPere, Chairman
Lake Elsinore Planning Commission
I hereby certify that the ;preceding resolution was adopted by the Planning Commission at a
meeting thereof conducted on May 03, 2005 by the following vote:
AYES: Commissioners:
NOES: , Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
�
RoberCA. Brady, Secretary to the AGENDA ITEM NO.PAGE. 23 OF 4`0
Planning Commission
t P: \CUP 2005 -05 Mead Rabban Alcohok sales \REPORTS \PC RESO CUP 2005- 05.doc
CONDITIONAL USE PERMIT NO 2005 -05
1. The Conditional Use Permit approved herein shall lapse and shall become void. one (1) year
following the date on which the use permit became effective, unless prior to the expiration of one
year, a building permit is issued and construction commenced and diligently pursued toward
completion on the site.
2. The applicant shall comply with all Conditions of Approval placed, on Commercial Design Review
No. 2003 -04 and Conditional Use Permit No. 2003 -04.
3. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore
Municipal Code, Tide .1 7,unless modified by approved Conditions of Approval.
4. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid
upon a change of ownership of the site or structure which was the subject of this approval.
5. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the
City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the
City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of
the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use
Permit No. 2005 -05 and Findings of Public Convenience or Necessity, which action is brought
forward within the time period provided for in California Government Code Sections 65009 and /or
66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of
any such claim, action, or proceeding against the City and will cooperate fully with the defense. If
the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall
not, thereafter, be responsible to defend, indemnify, or hold harmless the City.
6. The hours of operation for the gas station, mini -mart and car wash shall be limited to the hours of
operation expressed within the Business Plan.
7. No beer or wine shall be displayed within five feet (5) of the cash register or the front door unless it
is in a permanently affixed cooler as of January 1, 1988.
8. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
9. No display or sale of beer or wine shall be made from an ice tub.
10. No beer or wine advertising shall be located on motor fuel islands and no self - illuminated .
advertising for beer or wine shall be located on buildings or windows.
11. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at, least twenty-one (21)
years of age to sell beer and wine.
AGENDA ITEM N0.
PAGE Z Y OF y0�
N
MO ILE,
V '/ H
OionnE of i�E L�iamonci cStacliunz
APPEAL OF PLANNING COMMISSION ACTION
PROJECT NO (S)
PROJECT APPLICANT �lf('�('fS� �'- BI�a..►
PROJECT LOCATION
DATE OF PLANNING COMMISSION ACTION�� I (—
M
I, the undersigned, hereby appeal the above action of approval / denial" by the Lake Elsinore Planning
Commlion, for the following reasons (Please cite specific conditions, by number, if appropriate).
�f, � �L_, �� Cp' mn.��•.� /h/P72tT� d�fo,s+a�(.. ,�iCQLS'cs�`,n/ ®v'-
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additional page, if necessary)
Signature
Print Name
3CAS( H1Qbgr� lZA-v bRy t
-ity - State - Zip Cc
Telephone
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AGENDA ITEM N0. 22_
PAGE ZY" OF tf o
Vv\ t kg (h � ". -
130 cSoutfi chain eSt..t, ZakE EfSino2E, ems{ 92530 • gEfEpfiione: (gog) 674-3124 Sax: (gog) 674-2392
Food Mart Highlights
Food & Grocery sales along with some gourmet foods items.
' A beer & wine boutique featuring the following:
` Gourmet Imported stouts, ales, pilsners, lambecs and more from around the world.
A wine "cellar" featuring wine from France, Italy, Germany, Australia, Spain, Chile and
a vast selection from California including a collection from the local Temecula.
wineries. There will also be a nice selection of. Port wines.
There will be different featured wines from around the,world every month.
The owners are seeking out a satellite coffee service from Starbucks or
Dietrich for instance.
' They are looking at installing a pizza service such as Pizza Hut in the store as well.
Community Positives
' Employment for 20 - 30 local residents.
' A large tax revenue from the sales of fuel, car washes & food mart sales.
' Further development in the Summerhill Center will promote future development.
• The local convenience of being able to shop, fuel & wash your car within this center.
• Morning fueling and no traffic to contend with, unlike the establishments near the freeway
' Once this facility is built there will be an additional ingress and egress that will reduce
traffic generated by Washington Mutual.
This will be a fresh new style of food mart not seen in this area.
EXHIBIT 6
AGENDA ITEM N0. --
- pAGE OF_ f{ —
n The Owners Pledge to the City
. They will be an active part of the community in which they reside and do business. _ .
• Their management will be maintain vigilance to the surrounding area with respect
to loitering or any other undesirable activities.
• They will have no outward advertising or signs on the building with respect to beer
wine sales.
. This will be a family business run operated & managed by the owners whom have 23
successful years in this business.
• They will create an additional barrier around the back & sides of the building with use
of a small slump stone wall and building color wrought iron fencing at least 5 feet in height.
• There will be a hedge.installed around the outside and lush planting to the sidewalk.
• They will work with the planning department to make this aesthetically pleasing for the area.
• Last but not least they will maintain a strict adherence at all times to the City s beer &
wine sales ordinances with no exception.
n ' The owners are investing in excess of 4.5 million dollars into this site and want this to be.
an operation as a whole. They have taken great pride in the design & business plan for this
store. They want to make this a valuable part of this community through service, great
products and convenience to the local residents.
1
AGENDA ITEbt N0. 2
PAGE -1 OF_ V o _
n9partmenrorAitotrolic Beverage Control State of Califomia
tV9' PiEEt) F' AtPflv., iCr4' fi62i- i' BSE�i��4iE8ii6b -i�- HEVERAtf�.FS' . .
ABC Talc (9")
If an, application is made`-for a premises to- premises' transfer- or'or"rgiial "ht ense'at a ptemises 1'ocated'in.
�!--eensns- rrscr- wiW-tmdue- concentration of-ticenser. tht- faft6 hmu netftc most 1w, Im lisbed n
Wte'k 'tot three eonseeuttve weeks pursuant - to fovernmertt`Ceite " eet[all"6M."-`ftt -a newspapet'bf"
— general circtttatton othetlthan a "al -w professional- ti-ade' pubr)&ation.- The pubtfeation must€ bb' °fn the
city in which such premises are situated, `or lf-snch premises are- ttot'In -:a -`C 7, the"Liblicatfon shall' be
`made in a newspaper `of "general circuiaribn other than a regal `or` professional trade publication nearest
(be premises. Affidavit of ` publication ° "sbill - be' Cited "with' thd'following'bffice:
.k.'Illepattment. i of"A"hotie $evenge -ewitmt
3737 - Mifti "StreeC
Suite "D
(95W 782>449D-......,.
rT E 'BEi&RAGES
`'Bate-ef= Filittg:pppfitelpnt: tVtartiF..•29; - 2885 .
To Whom It May Coneerw-
The_1ltame(s) oLthe Appts?_istsce:_ `.d
RASBAN"NADERMANO
The applicants listed above are applying.. to the Department of Alcoholic Beverage Control to %seta
alcoholic beverages at:
,° 3t5S7- GANY()Af- It`.S'i'A3'E•DR -. _
• LAKEIt,= SEg0RE 'CA 9M2
Type of license(s) Applied fbr.
20---- OW- SAL&BEER -AND -WI W
EXH101 r
AGENDA ITEM NU.
PAGE Z S OF yO
70 �"A C/Ifl(1J ?Irintt'lT J'l7 :nr:r:nc ac io or-c7 oCC i17 IT.
DEPAIiTN16Nir ERA�o-COPtTR06
Riverside District Office
-
3737 Main Street, Suite SOLY '
Riverside, CA 825M
April 05; 2005
Nader Baho Itabban
3681 Hidden Trail Dr.
Jamul, CA 91935
Re. - 31587 Canyon lstate D[, _ ......
lake-Elsinore, CA 92532
`-Dear Applicant,
In order to complete your a0pfication in -a timely-manner, please completie and/or provide the f6ttowing
information and documentation.
i~ 1. Form -ARC 293 (Affidavit o€ Pasting) must be rshtsae - taike4kpariment. This form was given to
you atthctim you ffed yete "PI icatiatr
^ 2. Form ABC- 207 E W(D`ecraratiori ofs'er0it e.by niuD mashie returned to the Department. These
1 foans_weregiven to you, at thClime ypu,fdcd yourappltcatiolt. _You must mail to every resident within
500 feet.
3: "Provide proof of publication (3 times) with yoer focal newspaper.
Due to the over- concentvaUm4f licenses, -youm is submit -a- detailed letter to the Department from
yourtocal planning Department.
5. "When approved; please submit $ copy_of your' Cotiditiona[UsePermit.
You may mail the above to the address located at -the top -ofthe -page or personally deliver-it io this
off+ce.�? you �is�tTe mew -men as appoio� eat �ie�s�ie� =if you�tave a�quest►ons,
-Tease feel free to contact me W931) 792-4398; 'Fhartk yawforyeurattcmion to this matter of mutual
concern. ;
sincerely;
Armando Gonzalez/Investigator 1I
f AGENDA ITEM No.
PAGE L j; OF_54
FA' -4qttfr4 SArYI4 WntnTrlla 1AGGAF9F T9 AT:F7 9F91/17 /TA
Depiitmeni of r6lUc
A% I everage Cbkrot ° ' State of California / \
' DE�kRkY761�OF9ER``tt'E8Y1►bti�
ABC xnts' (M)
Complete`this form, attach ft origitt tl ftrffl'ASC -287E' and ' return- tb "AIIC' bfficd'listed below. Refer to
fiistrlCtiOna. Form ABC -52V forr more information.
ABC'Dfatricr Officer
Bepwrttnont e(�ALaakoii� RcveE'�ge- •Gewtroi. -.
3737 Main Street
Suite 900
Riverside, CA 92593'°
(951) 782 -4400
Applicant(s) Name( &)-,
RABBAN NADER BAW
Premises Address:
31587 CANYON ESTATE DR
CAKE E1.SINOIW�CW129"-
resiftnt of real . property _owner of Wal' property` within a `SDd =foot radi
Flu �_. do,4mweby�deelare -that- F -sewed by mail upon each
tuS'of the above-
dtl'sfgtrated Premises, by °&e midng'in'the "Udired-- States -'Matz' with` posfage fully prepaid, a sealed Qt)
envelope 'containing a true copy of the Notice bf Intention to Engage' Wthe Stile-61 Alcoholic .
Beverages ( ABC- 207E).`i 'copy of- which is attached heroto, giving the names) of the applicent(s), the
type(s) oUlicense(s) applied for,-the' address• bf -the premises where'th 'business is'to be conducted.
- addPesard`to the residenueccupanU for each of-tbe fbIlowing addresses (if -more space is needed. use
reverse or attach a separate "sheet):.
.._AQnRFRR CITY.. .. _.- 71P CODE .
�Continued oir''metw -
rr-oo-.utacament
1-4ecime-wid,er- 04 pendhy "of•pegtrry "t9rot'the jortgdiag is true. and correct.."
Executed ai_ 'Laa+C- { /r►nl e ' - ;'Califorriii; lhis7i ?�tL" i �G
.. Y of nn
(Signature)
AGENDA ITEM NO.�
PAGE 30 OF Y0
D0 39Vcf S0003 8OUVOId-13 /_AggPr,9FT9 FT :F7 9FFT /T7 /Tn
(�1pxemeluof -- Alcoholic BevuagcCoiltrol State of California
° etPP�it?ATfE )1�F�R,4i,E�f�101�IE BE3tERA6E-�EE#SEE3y .
ABC-211. (GM9
TO: Department of Alcoholic Beverage Control File Number: 424790
3737 Main Street "9FeeEfpt NurnbeT ^"1509908
Suite 900 GBOgraphicat -C(ide: 3307
Riverside, CA 92501 " i" Copief'VaSTed-Date: March 29; 2004
_(951) 782 -4400 Issued IIate: `
- -DIS:4UC- TSEGY9NGL0CATff)Pk- Ri1fEAS®E -..
First Owner: - RABBANNAMEI IKHO
-Name of Business:
- -- Location of Business: 31887- CA1rV"W -3 TLr DR ' _._
LAKE EISMORE, CA 92532
County:_... R
' Is: premise inside city limits?': Xes _ ..::.:Census Tract 0421.1$
Mitllfng- Address: _ - WT-RIDDEMTItAM M _
(if different from "" JA7V m,-CA 91935
premises address)
Transf of eror's or`senlic nse/name: '/ "' ...Dropping- Partner: Yes_ ' No
I 1 1:00 _Tyw Tra near in Em T X%w&— Date
20 OM-SALE SMAtdr OPMWALFEES' NA Y 0 "'03/29/05 $100.00
20 OPP --SALE EEER ANT ANNV,§YYEE-._ NA - - Y.'..._. 0- -- 03/29105 x$220.00
Total $320.00
Have yon ever been convicted of a felony? NO
Have you ever violated alit' provisions of the Afoohofic Beverage Control Act, or regulations oUthe
Department pertaining to the ACE? No
E.pINa any "Yet answer to the -abo,c act bon on m- attmrmenr' which- nuR'M deemed'pnror This- appnestine.
.Applicant agrees (a) that any manager empliyed. �n�n_on�ale:Iicedsed;.preinise -_will have all the
qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated atly of the
I-prpvisions of the Alcoholic Beverage _COntrot.AcL
STATSOF CALVMNL4 County of RIVERSIDE Date: March 29, 2005
Under penalty Of perpay; each genet whose signature appears balow, eenines and says!'(1)' -He is an applicant, or one of the applicant, or rte'
^'mmli 0-afncer- dYhe applielaa tmperas:Om- armed- art- ase -Mes ofns applscxim, duty anchoring to'msit'One apptlwtion On its tichki(: (2) IMt
"#e. dart w.A sae fOretoigg. a¢d.#anuee -:fAa <pusem- thnsnFmd -Hn cub vFsAra6ouo:stwweats mran'awiware Erol: ()1 that ao pbrsm other '...
than the aPPlleam " applicants has any divert or sedum smnest in the applicant or applicant's batiness to be conducted order dui lsceme(s) for
wsaen' this 'apptscrtoa'ts- »me;'ray - tnxene ff.aafer- aPPlseatine or 'poposed -Hamra u not made to satisfy the payment or a 1. or so fu VW .n
lgeeaerm,ono,ed lisp aron-thwaiuuy: (da) tips "Meeedlt4 tbe-wy cet-whrtyr Ow- ttarsfer applicrosov sr ffiwa with the DePanmeat 01 to gain or
establish a preference to or for any- eredhot of transferoe . or_ta, defra0d. W saints, say credit" of rca..r..n.�.(R am she ttamfae applieatioa map
be withdrawn by either the applice" Or the licensee with no resulting liability to the D<panmmt.
Applicant Name(s) Applicant Signature(s)
'RABBAN NADER BAHO
( AGENDA ITEtai NO.
PAGE OF YO
t:n --se1H11 SfIMJ ? Tt1'1TA7 • IfaCCOr QCTO QT-C-7 accTrT71Tn
ate of California
FOR AY H 1VT _
ABC 12 (OIAli
Departme¢t of Alcoholic Beverage Control
gaid.For: RABBAN NADERAIiQ :Beieived 03 -29 -05
- ?A99"edat RIVERSME- strict- Office -: RQCWP&Nw- 1509908
ToW— Amount: $320.00
�YAYMENT ISit
t ) PERSONAL CIMM r476-
5320.00 NADMIFRABBAN
ktail Traaaaction ...._- ucemeA, . - -.,. _- ..AWmunt- -Lic"m Type . Fee mal'up
ORIGINAL PEES 4244790 SIOO;W 20-OFI =SALEBEEICAND WME NA Yfs/0 --
NNUALFEE — . 42479Q ... 3229.00 20- OFF- SALEBEER AND WINE NA YGS/Q
BY:
9L1 -4rM j
. canna NnntnTA1-4 , - )pCCL1G.QF.TG AT:c7 Q"T /T7 /Td
W 4 [Ii6SBREReTiCG 110ie
ci
- Type: DF Drawer: 1
Date: 28!05 28 Receipt no: 4961
Deu:ridtlon wanttty t46mnt
pp
Loo
._GEIIFI�ER.DEP
t:00 356W:W_
n
M
DEPOSITI-FEE RECghPT
�C0M UNITrDEVEL0PMENT DEPARTMENT
i
Q 1 .. /sine /Zip_ Q1 m t i( C A
471P�IEC8NU4 smtrautu.�__. _. ..
'-CANYON ESTATES - ..t
.........0 „_
.
.
Teia1C{"d[KarT- _, J Ux Pwuut
CK CHECK 2806 54000.00 . .iew
CK CWCK __._ - �7 11000.00 -at A eemestr
Tout tendered ” -- - � �- .- ..:.._ ate._.,. ,.
Tote! payment 15000:00 __. .. -- unt
d d V ,'O .. '
'.
.:
. .
Trans date:y- 3/28/05 Time: 14:32M ..._... -_ -' -... ....
..
.--f lS IS YOUR- WaWl" Revieov
m
i
5..Z
ft
-Appears
608 - 0000-230-01-00
!`M imcimit f f Lie pout a bond
CP 1004000-340-11-G0
_.. -. :....:. ....
. .
r loo a
1 340.03-00
Addciuoml _.
rono,�t�lF
h�e
Eaetwon o Tune - Mirror Deli Rev:ew
T00100DsM)- 00"-'._-
!A --I 340-07-OD
FairR6ame Cain Fie -
I.3n apeltMM ce. -_Plan chew 40%
00.213.16 -00
bm Fee -
Po /T1PSRrimorxttu ___.. .
100. 4441- 414•20-17
40-0(-
..TO MM320 -26.00
• 1004000- 340-06AB -•
sear Oaals]Vame»f8rcdt
Si on _..'.. .....
' Grnefal
UsePenud SbortTePm 7 Extenifecl
OtAer' 'f- - ut as
-
:. .
_ R
P 100.0000.340 -21 -01 1
AD 0000.340-1Q30
•..BI ..t 320 -2040' :,:. "
_- _A&- _'- `10a000D- 340-F30Y -... .
-AB , -.- - 100 - 0000340-1302
A ' aaiB Plan edc
A untive Fee
'on: D M P
.... Risaeea�etrt'
Swcttue Abatement
- -
100 -0000.340 - 1301..
Md
MR 1 360:1000 - ...lovsea.
Orhee
•• ' Ali � : i, >: Nti : Tu ` �,. .
TOTAL RECEIPT
Fire pee 'ntat tendered S5M M
Rcceided o t Zo0.00
AGENDA REM N0.
CA-
Fom AJu. PD 31 Revised OV29104 PAGE 33 �OF�O,
Page 1 of I
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AGENDA M NO.
PAGE fly OF (F�
RA --9d,4 _
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Pool
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cp6wagailh parks, aid vawlrtYCwmbcfiWv1 600+Ret01 ke.. Mucmeandmahoeilj�dlncsWnefiomthe ..
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AGENDA ITEM NO.
PAGES "nr O —
6A 39tld - SOMA M-flUn T.d1- -
IAGGAAAFTA AT:F7 AFAT /T7 /TA
nor cc va Ujsaop
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MCMUM III
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now. yow"Pul4aslar
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AGENDAffM -..--. �2-
PAGE 36 n-r.-q q
WOW dDGVOId-13 ior9069619 ST:EZ -9661/IZ/10
n
`IntntavmUro>tpptkaar.`
Dtawa sketcb olden um mrw►leb the licensed pmedsu is er will bs looeted Show adjacent itmcam ad ommst cross
earerpigow7 ffdear�icl iql lmisoivmgsbowJG,weowMMm/esand
txntmnP" 0/okah*& bevuogis will xcw.. Posr o copy offkt dKW= with DallyUeente, Care ag lwiJb ay oa er
Jlrleruef fad aj eaUiwedoabiarea
� . ofdlfc1fn16e &►er uTmrrba ..
._ . ,.'; dea�diwllw drtgrvr asdsepen'vtdtb prsrsnl rwdalanr oJdFE A%ahe/le BeveT�e Cew7rofAe1."
N tom-
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PAGE 3 OF y
TT -4rMA - Gflnn4 WWTYYIT.117 - IQCCOCQCTQ AT 'C7 Q CTITTITQ
_.MALL. -db.Q r UJ:JOy_,.. boecc a nerea noonK!lcer bob.bJL.UhJU
\Ib�nsmMaatnaaBSwiapa.�enud .�wataw -,�'
�UCEMED PREMISES DIAGRAM (RETAIL)._ .
to 3Wd SQOf13 wav=dl3" G05S06 %T9 Svea 96"M
AGENDAiTEM NO.
PAGE 3 b OF 4 0
7T �nWA canna ?InRr T.7 lnrcncac TQ OT -c7 .0 ITJrTn
1 resew \\.. a..ra.rw
.. ueose,vre
3{ Ste- � ¢��r� �,
bs� i#�s;�t�.rrammaz•�s�u vim..
diagram below a t
The me and comet douription of the entrum. exits. itueriorwaf and exterior bqundafic%
arise pTaglsei tQbe n2tmcdtiar ,,,:
t,Atowa� . ...............................
:
aro
to
r
to 3Wd SQOf13 wav=dl3" G05S06 %T9 Svea 96"M
AGENDAiTEM NO.
PAGE 3 b OF 4 0
7T �nWA canna ?InRr T.7 lnrcncac TQ OT -c7 .0 ITJrTn
01/21/1996 23:18 6196905507 ELPICADOR FOODS PAGE 14
Any protest against the issuance of the liceose(s) trust be verified and received at any office of the Department or its
Headgnarten'within 30 days of The date the premises are posted, ttr within 30 days of the mailing of this notice, whichever Is
later. 7/ daktaotaprotest %nn. Daaariem:a*joA&C. Iiisa ' ationas.raquiredbyJaw..Burtber
( 1, information regarding this appHgMfJgn. maybe obtained at the ABC District Office listed above.
Todd protests contra )a emisi6n de la(s) licencia(s) debe ser verificada_ y recibida an cualquiet oficina dcl DePartamento o an su
Ofreina Central an Is tnps tardia de In aigaientes_ fechas: dentro de Jos 30 dies. a patticde Is fecha del anuncio an el local o deatm de
wvian i[ /p j°r�ar.rmin Aa nml�rM
loci 3q dies a ptirticdela_Fecha del mvio por mrreo d gate na esan r _...�_ Ilia /omvle a ABC. Eatm.aviso...
de noifieaci6n de,wlicimdper4 iente requerido por ley. Pare mis informaci6n sobre eats solicitud p6ngasc an contacto con Is Oficina
de Distrito de ABC qua ftgttta mis arriba. (Spanish)
f`
1R',k $lL! 1fL#lFr - �i9F-i .13 {i1 l- El
i;i�:�27a�.A1iC'>E�+&� • #1ti�Jfc�i��.�#5 • i�20+���C]a AIiQ -• +`> �NR ,.�$tgP(�'�l?I�gt7��dL•��;f'.
���u>� • �MEA�BAbie'fE�fi�9t��.tWs _����;l��ht�nncl�� • (ch;nese).
D . l i.& d °1>a �}=8M VIA t _gTA AjgV. .4- *Ej.3041 of y� 0��
a ° }Pr.—Ak i�F .T.°9^l 41as1 iTs1°1�k b`LJ -?l. ? °lp4 �11�! ° ^�01 0}��l�k. a17
ABC-S tlkktt}x1 °k ^J ^13.. °l�%.711°ra °.l �1�°H rtt -!ftoo a}wt.*xlA'L°Jgr+. 9a ^ .°9 PIEk �F�Y}.�tt•`_, 1°A__
°J3i 70 ABC E R--i' At 68-11 V T 4u O L4 r}. (Korean) -
BA cd tntdng bdp phin 66i nio vA vigc cfp gify phip d8u phki dddc chtIng Mon vi nop tai bft cu van ph6ng nio cda S6 hogc tai
Tru Sit trong vong 30 ngay VCV"ngiy:cOng bd d)i that, h6sc trong 46rig 30 ngiy kL? ny'rigiiy gJ th6ng bio niy, tdy then trddng
hdp nio ch$m n11& Ddy khring phdi !d tnlu phdri M. Ddng sih Qu ndy cho AEC. Dgy li thong bio vi don ding chd ctiu x6t
tbeo lu(tt djnb. C6 th6 k Mrs chi iilt vE ddn niy ,tai Van Phortg t)ka Hot ABC irtn U (Vietnamese)
a5fxt;,Naa:..as --6aWA - 4"=iL:i,.�li,.ats,
44s.+..� it "t';�. t,:i r++!,y1.ui.y.0oy .v.11 A..!e'�t{v ,.44i?q) is+a��i. r s�4RrJ -11.4 >4.ytdt..r!eid 1-uA.
.•.ILII tY Jr• V. ywt' �yJ tt��4rSU ''!- .�,Ia11�Yl�y.r�ll.pa """ crltcJJT��1�YeeK .]t�ni'�J�fY.A��Y11�9T'TS'
ABC- 207-E(1102) REVERSE
2et2
AGENDA ITEM No. -2 2--
PACE 39 ' OF 'fo
°-Oepartvrwto do Control do Belifts AlcallidlicM rapahigh)
Eslado do
.-Sg Krsm � - Tidu sang CajM
mmbic) wi-V -,4.,Ui iv- vi.
Oficina do Distrito do AB Riverside ABC C: (Spanish)
3737 Main St Ste
�Uverslde, CA 92!
Wl
BEVERAGES
AVISD DE MTENCICIN-DEVEMERBIESIDAS ALCMikICAS (Spanish)
(eld
Drills,
isse)
'Iran)
Al residents o propietario db un humudbli dentro de on ridid de 300 pies. (Spanish)
5005 V-11 OIL# **�!A -�'** !E'C 7?'M (Korean)
G*i Cu Din ho4c ClIa-fral EWriff SA75'ribol Mm Vi Rio Klnh 500'
..(Vietriarnese)
(ArabiC) :utAW`dl Cum pA (500) al- .-;L
The bolow-nevied k
ilimmagov at i
E140s solicitante(s) a continuaci6n solleft6fg;olicitanin One ftencla pargAmincla0abWas, alwh66eag an [a ;v"m dro4oft. (span".
VA - F M t I A 10 111 E M "M W P 2 X JA M, - (C h I n a s a)
3171 LTV2-101 El. 4 �LDHM Waff §MS F_08i;ll OTIV_i` "N jLltjLMfiLj
r4: (Korean)
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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 24, 2005
SUBJECT: ADDENDUM TO ITEM NO. 22 APPEAL OF THE PLANNING
COMMISSION'S DECISION TO DENY CONDITIONAL USE
PERMIT NO. 2005-05 FOR NADIR RABBAN AND ABBACY
HOLDING CORP. FOR THE SALE OF ALCOHOLIC
BEVERAGES AT THE PROPOSED GAS STATION, MINI -
MART AND AUTO -MATED CAR WASH LOCATED AT
APN(S) 363 - 670 -002 AND 363- 670 -003, RESPECTIVELY
DISCUSSION
In compliance with the requirements of the Department of Alcoholic Beverage Control
(ABC), staff is requesting that the attached "revised" City Council Resolution be
employed as a substitution for the Resolution originally included in the staff report. The
only modification proposed is a clarification to the language contained in the Findings for
the Conditional Use Permit. The content of the staff report has not changed. Further, the
applicant has requested that the attached letter dated May 17, 2005 be utilized as an
addendum to the primary business plan. Finally, both a letter from the applicant to Vida
Boice (Concerned Citizen) and the Lake Elsinore Valley School District have been
attached as well.
PREPARED BY: JENIFER E. REINER, ASSOCIATE PLANNER
APPROVED FOR
AGENDA BY:
MANAGER
ATTACHMENTS
1. Owner Biography
2. Letter dated May 17, 2005 (Business Plan).
3. Letter to Home Owner
4. Letter to Superintendent of Schools.
AGENDA ITEM NO. �^..
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2005 -05 AND FINDINGS
OF PUBLIC CONVENIENCE OR NECESSITY FOR A
TYPE 20 "OFF SALE BEER AND WINE" LICENSE
LOCATED AT ASSESSOR PARCEL NO. (S) 363 - 670 -002
and 363 - 670 -003.
WHEREAS, Nader Rabban, has initiated proceedings to request the approval for the sale
of alcoholic (beer and wine) beverages for off -site consumption within an approved mini -mart
proposed on the southwest comer of Canyon Estates and Summerhill Drives (s) on the parcels
known as Assessor Parcel Number(s) 363- 670 -002 & 363- 670 -003; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular,meefing
held on May 3, 2005 made its report upon the desirability of the proposed project and made its
recommendations against said Conditional Use Permit No. 2005 -05 by denying Conditional Use
Permit No. 2005 -05; and
WHEREAS, Nader Rabban, has initiated proceedings to appeal the Planning Commission
decision of denial for the sale of alcoholic (beer and wine) beverages for off -site consumption
within an approved mini -mart proposed on the southwest comer of Canyon Estates and
Summerhill Drives (s) on the parcels known as Assessor Parcel Number(s) 363 - 670 -002 & 363-
670 -003; and
WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the
responsibility of considering appeals to Planning Commission decisions; 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 24, 2005.
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows:
SECTION 1. The City Council has considered the proposed Conditional Use Permit No.
2005 -05 and the Findings of Public Convenience or Necessity. The City Council finds and
determines that the Mitigated Negative Declaration and Mitigation Monitoring Program No. 00-
01 are adequate and prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA) which analyzes the environmental effects of the proposed
project prior to City Council certification, based upon the following findings and determinations:
SECTION 2. That in accordance with State Planning and Zoning law and the City of
Lake Elsinore the following findings for the approval of Conditional Use Permit No. 2005 -05,
and Findings of Public Convenience or Necessity have been made as follows:
I
CITY COUNCIL RESOLUTION
CONDITIONAL USE PERMIT
PAGE NO.2
FINDINGS CONDITIONAL USE PERMIT
1. The proposed use, on its own merits and within the context of its setting, is in accord with
the objectives of the General Plan and the purpose of the planning district in which the
site is located.
There is not an over concentration of licenses within the Census Tract where the project
is located, therefore the general welfare of the City will not be compromised by the
addition of alcoholic beverage sales at this location.
2. The proposed use will not be detrimental to the general health, safety, comfort, or general .
welfare of persons residing or working within the neighborhood of the proposed use or
the City, or injurious to property or improvements in the neighborhood or the City.
Establishing alcoholic beverage sales at this location will not be detrimental to the
health, safety, morals, comfort and general welfare of the persons residing in or working
in the neighborhood nor injurious of detrimental to the property or improvements in the
vicinity since the proposed location is a sufficient distance from sensitive uses, and other
uses selling or serving alcohol, and it is for off site sales only. In addition, several
operation conditions are proposed that will ensure that alcoholic beverage sales are
conducted in an orderly manner and do not cause loitering.
3. The site for the intended use is adequate in size and shape to accommodate the use, and
for all the yards, setbacks, walls or fences, landscaping, buffers and other features
required by Title 17 of the LEMC.
The proposed alcohol use located at Assessor Parcel Number 377 - 040 -027 has been
designed in consideration of the size and shape of the property. 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 proposed uses have been reviewed to ensure adequate provision of screening from the
public rights -of -way or adjacent properties.
4. The site for the proposed use relates to streets and highways with proper design both as to
width and type of pavement to carry the type and quantity of traffic generated by the
subject use.
The proposed alcohol use located at Assessor Parcel Number 363- 670 -002 has been
reviewed as to its relation to the width and type ofpavement needed to carry the type and
quantity of traffic generated, in that the City has adequately evaluated the potential
impacts associated with the proposed uses 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.
CITY COUNCIL RESOLUTION
CONDITIONAL USE PERMIT
PAGE NO.3
5. In approving the subject use located at Assessor Parcel Number 377 - 040 -027 there will
be no adverse affect on abutting property or the permitted and normal use thereof.
The prop sed bans of ahbdic F.ecerage sales are appmpriate for the pnpaced use in that c namenx store
Trill operate as designatal by the Cuy Ccraxil arzl the sala gf akoWic hKuags uill oaur aiy uhen
peo ined kg14 under St" law
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have
been incorporated into the approval of the Conditional Use Permit to insure that the use
continues in a manner envisioned by these findings for the term of the use.
Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake
Elsinore Municipal Code (LEMC), the proposed alcohol sales located at Assessor Parcel
Number 363- 670 -002 was scheduled for consideration and approval of the Planning
Commission. Although, the Planning Commission denied the Conditional Use Permit,
the applicant filed an Appeal per Section 17.80 of the LEMC. Consequently, if the
Council determines to overturn the denial, conditions and safeguards have been applied
to the project.
FINDINGS PUBLIC CONVENIENCE OR NECESSITY
1. Does the proposed establishment have any unique features, which are not found in other
similar uses in the community (i.e. types of games, types of food, and other special
services)?
The applicant states that he has already discussed the possibility of Starbuck's Coffee or
Dominoes Pizza becoming a tenant in the mini -mart. While there are other similar
establishments located close by, none are located in conjunction with a gasoline
dispensing station. The co- location of these uses does provide a level of convenience for
the customer of this proposed establishment.
2. Does the proposed establishment cater to an under -served population (i.e. patrons of
different socio- economic class)?
The proposed establishment will better serve the population that has recently moved into
the region and commutes into Los Angeles and Orange Counties.
3. Does the proposed establishment provide entertainment which would fill a niche in the
community (i.e. comedy club, jazz club, etc)?
The applicant is not proposing any entertainment for this proposed use. If the entire
commercial activity is considered, the proposed establishment does provide a car wash
service. There are no similar establishments nearby on the east side of Interstate 15.
4. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e.
freeways, major roads, major intersections) separating the proposed establishment from
other establishments?
CITY COUNCIL RESOLUTION
CONDITIONAL USE PERMIT
PAGE NO.4
Yes, Summerhill Drive and Canyon Estates Drive is signalized, which includes a
pedestrian crosswalk. In addition, there is approximately a four foot (4 ) change of
grade from the street level to the pad as graded for the proposed establishment. Finally,
the applicant has agreed to provide any additional barriers as appropriate.
Is the proposed establishment located in an area where there is a significant influx of
population during certain seasonal periods?
No. This proposed commercial activity is located so as to serve the local community of
commuters and residents.
6. Is there a proliferation of licensed establishments within a quarter mile of the proposed
establishment?
According to ABC, there is not a proliferation of similar establishments. There is
another liquor store located approximately 500 feet to the south on Summerhill Drive.
As required by the ABC, only three (3) licenses for Type 20 - off -sale beer and wine
license are allowed for this particular census tract. Currently, there are two (2) such
licenses being used. The applicant has already submitted an application to ABC, but it is
pending the City's Finding of Public Convenience or Necessity.
7. Are there any sensitive uses (i.e. schools, parks, hospitals, churches) in close proximity
(600 feet) to the proposed establishment?
Yes. Summerhill Park is located directly across Summerhill Drive from the proposed
establishment. This park is approximately 150 feet away.
8. Would the proposed establishment interfere with the quiet enjoyment of their property by
the residents of the area?
No. The developer and the applicant have made every effort to maintain the quiet
enjoyment of the residences in the area.
9. Will the proposed establishment add to the law enforcement problems in the area?
Although, the Police Chief has included a letter in the Staff Report which opposes the
proposed use he has indicated to staff that he will support the use when ABC has issued
the license.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council
of the City of Lake Elsinore, California, DOES HEREBY approve Conditional Use Permit No.
2005 -05.
PASSED, APPROVED AND ADOPTED this 24th day of May 2005, by the following
vote:
CITY COUNCIL RESOLUTION
CONDITIONAL USE PERMIT
PAGE NO.5
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert Magee, Mayor
City of Lake Elsinore
ATTEST:
Vicki Lynne Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
(SEAL)
MR. NADER RABBAN
Biography
Mr. Nader Rabban currently owns and operates three (3), businesses in California and
Arizona. The businesses are as follows:
1. El Picador Foods
3702 Del Sol Blvd., Suite B
San Diego, California 92154 Owner Since July 1995
Size — 11,000 Square Feet
2. Encanto Liquor
6555 Imperial Avenue
San Diego, California 92114 Owner Since 1982
Size — 2,800 Square Feet
3. T -Bird Market & Service Station
12550 West Thunderbird Road
El Mirage, AZ 85335 Owner Since July 2004
Size — 3,400 Square Feet
Mr. Rabban has resided in the United States since 1977. Mr. Rabban and his wife, Muna,
have always been principals in their family owned operated businesses. Mr. Rabban's
professional affiliations are as follows:
1. Grocery Association of California (G.A.C.) since 1995.
2. Independent Grocery and Convenience Store Association (I.G.C.S.A.) since 2000.
Mr. Rabban has been an active member of St. Peter's Catholic Church. Mr. Rabban is
also Director on the Board of Directors of the Jamul Homeowners Association.
Mr. Rabban has sent letters of introduction to Dr. Sharon Lindsay regarding assisting in
any school fund raising event for the school as a good community member for the
schools.
Mr. Rabban insisted that Mr. Pribyl (attorney) overnight a letter to Mrs. Boice regarding
her concerns at Planning Commission and that I make myself available to answer and
address any and all concerns.
5/24/2005
ABBACY HOLDING CORPORATION
361 -C Railroad Canyon Road
Lake Elsinore, CA 92532
(951) 245 -9936 Fax(951)245 -8927
May 17, 2005
Mayor and City Council Members
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
RE: Conditional Use Permit No. 2005 -05 for Nader Rabban — Applicant
Property Owner: Abbacy Holding Corporation
Project: Gas Station, Convenience Store and Automated Car Wash
Located at: APN No's 363 -670 -002 and 363 - 670 -003
Dear Mayor and Council Members:
As you know, Abbacy Holding Corporation is the owner /developer of the Summerhill
Commercial Center. The above referenced Conditional Use Permit pertains to two of the
lots of Parcel Map 30832, which will contain a gas station, convenience store and
automated car wash, a project that has previously been approved by the City Council.
The purpose of this letter is to express to you our full support for this project and to
underscore the importance to the City of the approval of the pending Conditional Use
Permit specified above, which is an application to allow the sale of beer and wine in the
convenience store. If the CUP is not approved, the pending sale will cancel and the much
needed proiect will fail.
We have long attempted to sell this project and have had at least six interested buyers. In
the final analysis, however, no buyer, except for the Rabbans, would even submit a firm
offer and go into escrow knowing that beer and wine sales were not permitted in the
project. As you might also expect, it is a rare situation where this type of configured
facility, with a convenience store, does not have included in its inventory, the sale of beer
and wine, and without it, the facility would be at a large competitive disadvantage over
all other convenience store facilities in the area. The applicant is successful at this
business and has shown us that he will run a superb operation of all the facilities in this
project. The closing of this transaction is contingent upon the City granting the
Conditional Use Permit. If this does not happen, the escrow will cancel and we, and the
City, will lose this exceptional opportunity.
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Mayor and City Council Members
May 17, 2005
Page 2
This project is critically important for many reasons. The Washington Mutual Bank has
been open for months, bringing many visitors to the center, ushering in the need for the
commercial development to build the service station, convenience store and car wash to
increase the service levels in the commercial center and to service the rapidly growing
population in the area.
In addition to the 422 homes existing in the Summerhill area that we developed and sold
a number of years ago across from the commercial center, there exists the Tuscany
projects, the Cottonwood Hills project, and other planned projects for the local area. You
will also note that there is only one service station on the north side of Railroad Canyon
Road, and to get into that service station requires a left -hand turn, at a very busy
intersection, which is not an easy thing. To have another service station a couple of
blocks away to service the many other residents coming into and going out of that area,
including all of the homes nearby, will greatly increase the efficiency of the commercial
facilities surrounding Railroad Canyon Road and the interstate off - ramps. It will also
move some of those patrons away from the busy intersection to the east of 15 on Railroad
Canyon, and moving some of those service levels up to the Summerhill Commercial
Center for banking, service station and other conveniences that will be developing within
the commercial center. This is the key project for the success of the center and the more
rapid development of it. There is absolutely no logical reason why this service
station/convenience store project should be treated any differently than any other existing
in the area, or in California, especially when to do so means that a much needed project
will forever fail.
I have set forth below a number of reasons why we believe this project with the requested
CUP should be approved, why it is beneficial to the City of Lake Elsinore and its
residents and does not create any extraordinary issues.
The architecture of the service station, convenience store and car wash is
completely up- scale, shows the pride of ownership, and well exceeds the normal
architecture of any gas station or convenience store in the area. The design of the
service station, convenience store and car wash was specifically done to match the
other buildings in our project, as well as making it esthetically pleasing to the
residences on the lots in the local vicinity.
2. Given the high residential upscale housing developments in the area, the plan of
the applicant is not for a normal convenience store, but will include a very upscale
beer and wine selection featuring beers and wines from all over the world,
including wines from the Temecula region. This will only be a small part of the
convenience store. It will also include an upscale delicatessen. As you can
understand, beer and wine compliment a delicatessen's and other foods that are
generally sold in these types of convenience store.
3. The applicant intends to add a fresh coffee venue, i.e. Starbucks or Diedrichs, as
well as a fresh pizza operation.
T: W P \CLIENT4ABBACY\G 12144 [05 -17 -05J
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Mayor and City Council Members
May 17, 2005
Page 3
4. We understand they will employ up to 30 people from the community. In
addition, as developers, it is our belief that once this project is completed, it will
spur the rapid growth of the balance of the build -out of the other commercial
acreage set aside in the Summerhill Commercial Center. This will create many
more jobs for the local community; the entire project, including the gas station
and convenience store will generate tax increment for the Redevelopment
Agency, property tax and sales tax revenue so important for the operation of the
City and to absorb public safety and infrastructure costs, which we all know are
very substantial to cities here in California.
5. The applicant does not intend to have outside signs or banners with the mention of
beer and wine sales, because those who utilize this type of business will presume
that there is beer and wine available to complement their other purchases.
Additionally, having this available will also greatly increase circulation since they
won't have to leave the facility to make another stop on their way home to obtain
beer and wine that they otherwise couldn't buy at the convenience store. That
also will alleviate additional congestion in the neighboring commercial area, and
eliminate unnecessary trips. The business will be a family owned and family run
business with experience in this type of business operation. The family will be an
excellent addition to the Lake Elsinore community and will become active in the
business community in the area.
6. In addition to the already approved plans, the applicant intends to install an
additional wrought -iron fence and slumpstone wall five feet in height around the
back and sides of the building to provide extra security, along with an attractive
hedge. They will work with the Planning Department to make it esthetically
pleasing to the community around the service station area. The owners have
assured everyone that they will strictly adhere to the ordinances of the City of
Lake Elsinore, and of course, the Alcoholic Beverage Control Board.
The City will receive substantial revenues from this project, generated from the
sales tax from the sales of fuel and the sales of the convenience store. They will
gain tax increment from the property tax to the Redevelopment Agency and upon
completion and beginning of operation of this, will spur the balance of the
commercial development, which will more rapidly obtain greater income flow to
the City.
8. Shell Oil has already committed to a branding agreement for this location, due to
the demographics of the area, and the need for a service station at this location.
In closing, we believe the City of Lake Elsinore can easily determine that public
convenience or necessity will be served by the issuance of the Conditional Use Permit.
There is not an undue concentration of off - premises licenses within the area in which the
proposed project is located. In fact, we understand there are two licenses available for
that area. Undue concentration occurs when the ratio of off - premises licenses in the
census tract to population in the census tract exceeds the ratio of licenses in Riverside
T: WP\CLIEMMBBACYW 12144[05 -17 -051
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Mayor and City Council Members
May 17, 2005
Page 4
County to the population in Riverside County. The general welfare of the City will not
be compromised by the addition of the alcoholic beverage sales at this location for beer
and wine only, as the population is exploding without a proportional increase in
commercial facilities to service it, including beer and wine. Establishing the requested
alcoholic beverage sales at this location will not be detrimental to the health, safety,
morals, comfort and general welfare of the persons residing in or working in the
neighborhood, nor injurious or detrimental to the property or improvements in the
vicinity. We support the project and respectfully request the Mayor and City Council
Members to approve the requested Conditional Use Permit for the sale of beer and wine
at this facility.
Respectfully submitted,
Abbacy Holding Corporation
By:
William R. Kipp, President
cc: City Manager
Planning Director
City Attorney
T: W P\CLIENTYABBACY\612144[05 -17 -05]
_ . _MLDEYu r &: PRmYL
A PROFESSIONAL LAW CORPORATION
' SAN MEW, CALUIORNIA -92108 .. '.
r:`FELFMOl`IE &l51j48513,125=- " -.`
`FACSIMILE! (619)285=4334
DENIS M. MCDEVITT, LL.rI
MATTHEW M. PRIBYL ..
MARTHALYNN M. MAURRAS _..,..:. -. -Ma7y211-2005
Ms. Vida Boice
17 Pulte Negra
Lake Elsinore, C-kriforma`9M2 -,_ -
Re: May 3, 2005 Application for Conditional Use Permit
'S-ummerliilrCommercial Center
Southwest Comer of Canyon -Estates and Summerhill Drive
Dear Ms. Boice:
.This letter is .written._on- .be6atf_ol -t+?3 cJieat - W. -fie! Rabban, and his
application to the City of Lake Elsinor"elative- to-the establishment of a service station,
market and autom,4W_ -car wash in- the ,:Summerhill;- Gbmmercia4;Center located at the
southwest coracc.aLCanyowE state &D;ive.aad.Summerhil}.Drive
I have reviewed the minutes of the City Planning Commission meeting on May 3,
2005, and urtdt Ntand'that you attended -the - meeting -i id-may- have`some questions and
concerns rega the esiablishmenrt thexommerciai cenrerarii} my client's business. .
1 can assure you that my. client . and_ his business will be a valuable asset to the
entire Lake Elsmore eommumty, -and 7AOt contribute tw0ke-oommurAyin many ways as a
good neighbor.- :aa&a.: strong-aitd- responsible - business leader: My-client has owned and
operated several businesses in` California = and -inr Arizona -for -over 22-years, and has
always taken personal care- tooperate- histusinesses in the most professional manner.
My client will- maintain the best. possible rely inn& with -all ofshe members of ltle
gake.Elsinore comnumnyand•in this spirit ;I -would welconte "the opportunity to °meet '
=vlitls.you.perwnally -and disease any oftdregnestions or eoncems yotr may have. Please
`''feel free to contact me at anytime. Thank you for your crosideration ' and we look
forward to, workitig— ith-yon in every possible way.'
Veq,1x:uly _yo11rsr....
MaBhew M. Pnbyl
g-d dSo :eo SO ca Few
'ITYOF LAKE ELSINORE
RECEIVED
MAY 2 3 2005
PLANNING DEPT.
A- MOnSSIONALLAW CORPORATION
3+"0_e.RMSNf3DEt7M0 NORTIUS1=200
BIEGO, CALtfORNIA 925D8
tMS7HOW t6I9) 285 -9525
`FACSIMILE- (619) -285 -9124
DENIS M. MCDEVITT, LLM -
,NLVT'{rEW M. PRIBYL
MART ALYNNM.NIAURRAS -- -
May 21, 2005
Dr. Sharon Lindsey
Superintend'ert -
Lake Elsinore Union School-Distnct
545 Chaney Avenue
Lake Elsinore, California 92530
Re: Summerhill Commercial Center
Service Stati0fi/Market/Automated Car Wash
Dear Dr. Lindsey:
My name is Matthew Pribyl and I,am the attorney A)r,Mr._ Nader Rabban and his
future business that will be located at the SummerMl Commercial Center located at the
southwest corner of Canyon .Bstates Drive.and:Summeinhill- :Drive_ in the City of Lake
Elsinore.
The nature of Mr_ Rabban's business v ill % be•gas- servic"eation, food market and
automated car wash - We- 2revirrem}y-cvmpletin.0 the application and design process for
construction of the - business and facilities, and wanted to take this opportunity to
introduce oursetvesto you and the School'13Fstrict.'
Mr. Rabban.=wilLhe- a- strong;. involved -end - -responsible°- member of the Lake
Elsinore community-for -many years and irrthis spiiit, he-extends an 'invitation to the
School District -to omtaw- hirer- for -pmmeipatiorr in-any'schobt fiindraising and community
activities in whictrhe; or-his business, may play an Active'role. It is Mr. Rabban's intent
and commitment -Mbea good-neighiior'to the Cake Elsinore schools, the City residents
and all community members.
Vlre look forward to meeting you at some point in the near future, and welcome
'the chanclto- partner with'the Lake Elsinore schools and the School District.
Very
Mattucw'vr_ rjtuyi
Z-d dso:E0 s0 EZ ReW
n ORDINANCE NO. 115(1
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 CHAPTER 17.61.
WHEREAS, the City of Lake Elsinore desires to initiate a project consisting of updating
the City's current Municipal Code (Title 17, LEMC, •updated as of October; 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 regular 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 Planning ;.,Commission Resolution No. 200546
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
n 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 Municipal Code
(LEMC), the State Planning and Zoning Law and the City of Lake Elsinore the following
findings for the approval of a new "M -3" District have been made:
AQEMA ITEM No, 3 1
PAGE
CITY COUNCIL ORDINANCE
"M -3" ZONING DISTRICT
PAGE TWO
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 I& day of
May, 2005, upon the following roll call vote:
AYES:
COUNCILMEMBERS: , .
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE"
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE ,
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 241'
day of May, 2005,.upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
Q,-J A 7TH =t -6 N,0_3
-r oZ rF
n CITY COUNCIL ORDINANCE
"M -3" ZONING DISTRICT
PAGE THREE
Vicki Kasad, CMC, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
1
AGENDA ITEM NO. �3
PAGE 3 OF_5 �.�
CITY OF LAKE ELSINORE
ZONING CODE
CHAPTER 17.61
"M -3 MINERAL RESOURCES AND RELATED MANUFACTURING DISTRI . '
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 Purpose. 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 City'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 City inappropriate. However, uses which have nuisance features that `sJ
cannot be mitigated or which pose a threat to public health or safety shall not be pemutted. This Chapter
includes appropriate development criteria to assure a quality of appearance of all structures and uses from
public rights -of -way in order to encourage the long term viability of the District as well as to attract desirable
users. This ordinance also contains the appropriate standards and criteria to ensure public health and safety.
Section 17.61.020 Permitted Uses without a Mining or Conditional Use Permit. Uses permitted 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 -1" District listed in Section 17.56.020.
B. All permitted uses in the "M -2" District listed in Section 17.60.020.
C. Agricultural uses of the soils for crops, orchards, grazing and forage.
D. Other permitted uses that the Planning Commission approves in accordance with Section 17.61.110
Section 17.61.030 Uses Subject to a Surface Mining Permit. The following uses are permitted in conformance
with the development and performance standards of this Chapter provided that the operator thereof holds a
permit to conduct surface mining operations, issued pursuant to the Surface Mining and Reclamation Act of r l
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1975 ( "SMARA'�, as adopted by Riverside County Ordinance No. 555 and incorporated herein by this
f 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-and drying facilities 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 -1" Districts.
D. Other Surface Mining Permit uses that the Planning Commission approves in accordance with
Section 17.61.110.
E. Notwithstanding any other provision of this Chapter 17.61; blasting activities shall be permitted only
upon issuance by the Director of Community Development of a pemmit authorizing such activities
and shall be subject to the standards established in Section 17.61.080 and such additional conditions '
as set forth in the permit.
Section 17.61.040 Uses Subject to a Conditional Use Permit. It is recognized that certain uses while similar in
characteristics to Permitted Uses in Section 17.61 020 may have the potential to impact surrounding
nproperties and therefore require additional approval and consideration. The following uses are permitted
provided a conditional use permit has been granted pursuant to Chapter 17.74 and shall include the following.
A. Organic waste composting facilities. '
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
_ 17.61 020:
C... Other Conditional Use Permit uses that the Planning Commission approves in accordance
with Section 17.61.110.
D. Electric and gas distribution, transmissions substations, telephone and microwave stations.
E.. Riding and hiking trails, recreation lakes, and camp grounds.
Section 17.61.050 Accessory 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 permitted
use, provided that they remain clearly incidental'and secondary to the primary permitted 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 style 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.
1 ' ,
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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.
D. Offices and maintenance shop structures, including use of mobile homes, provided such structures
are constructed subject to and in accordance.with a validly issued City building permit.
E. Residences and mobile homes for caretakers or watchmen and their families, provided that no more
than one residence per 50. acres of training area may be permitted by the City and further provided !
such structures are constructed subject to and in accordance with a validly issued City, building
permit.
Section 17.61.060 Minimum Area. The 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 may fall bellow the three hundred (300)
acre minimum threshold over time, and become non - contiguous, if they remain consistent with the uses
permitted in the "M -3" District, and continue to abide by all State (SMARA) and Federal requirements.
Section 17.61.070 Development Standards. The 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.
B. Minimum Width. Not less than two hundred feet (200).
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 any structure exceeding forty -five feet (45) in height shall have front,
side, and rear yard spaces equal to the height of said structure and not less than fifty feet (50D.
D. Structure Height. With the exception of pre - existing operations, no habitable building or permanent
structure shall exceed forty -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 Improvement Standards. The following special i
development and landscape improvement standards are designed for training and related uses which are
developed for uses that are remote from ,urban uses. Prernises 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
permitted in the "M -3" District shall be constructed, operated and maintained in accordance with,
the requirements of Chapter 17.78 of the City of Lake Elsinore Zoning Code.
B. Roads and Driveways. Best management practices shall be implemented and all roads and
driveways 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 leading off any paved public street onto property used for
any purpose permitted in this ordinance shall be paved to a minimum width of twenty four feet
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/1 (24) with asphaltic concrete or equal, not less than three inches in thickness with adequate
f compacted base material for not less then the first one hundred 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 permitted which creates an
average slope steeper than one foot (1D horizontal to one foot (l) 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
Relations of the State of California.
F. Distancing and Landscaping. With the exception of pre - existing operations, operations located at
anytime within 500 feet of existing residences or adjacent residential zoned property shall comply
with the following:
1. For Manufacturing Operations:
i.' Within the requisite 150 foot setback and 300 feet of the property boundary --
prohibited without issuance of a variance.
ii.' 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, berms, 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 elevation.'
2. For Excavation Operations:
i. Within the requisite 150 foot setback of the property boundary — prohibited
without issuance of a Conditional Use Permit.
ii. 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, berms,
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 elevation.
G. Hours of Operation. Subject to the exceptions expressed herein and except for pre - existing
operations, all uses shall confine operations on the property to the hours between 7:00 a.m. and
7:00 p.m., 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 operation.
2. Those 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
AQENDA ITEM NO. 3'
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standards set forth in this Chapter.
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 City. Such insurance shall
be kept in full force and effect during the period of such operations and shall name the City as an
additional insured upon request by the City.
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
reclamation plan that has been approved pursuant to this Chapter, the provisions of Riverside
County Ordinance No. 555, or SMARA. ,
Section 17 61.090 Pre - Existing Operations. For purposes of this Chapter, "pre - existing operations" means
(a) any structure existing in an area at the time the area is designated part of the "M -3" District by the City,
(b) any operation activity which is occurring in an area at the time the area is designated as part of the
"M -3" District by the City, and (c) any operation activity described in Section 17.61.030A which has occurred
in any area prior to the time the area is designated as part of the "M -3" District by the City.
Section 17.61.100 Signs. The provisions of Chapter 17.94 shall be used to determine permitted signs in the
"M -3" District.
Section 17.61.110 Substantial Comgliance and Compatibility of Uses. The 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 Conditional Use Permit, or
accessory uses, in the "M -3" District.
AQENOA FTEM NO. 3 I
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PACE a OFLE-
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A: BRADY, CITY MANAGER
DATE: MAY 24, 2005
SUBJECT: AMENDED CONCESSIONS AGREEMENT TO
INCLUDE PWC RENTAL AND FOOD CONCESSION
Ilo_�, "I.-1 \Ih
The City Council approved an amended concession agreement with Pyramid
Enterprises on February 22nd to include operations of the Campground and the Seaport
Boat Launch Facility. Recently, Pyramid Enterprises submitted a request to expand the
n agreement to include personal watercraft (PWCs) rentals and food concessions at the
Seaport Boat Launch and adjacent public beaches.
There exists significant public interest in renting of PWCs around the Lake and
substantial need for a food vendor to service visitors on the public beaches adjacent to
the Seaport Boat Launch. The proposal by Pyramid Enterprises fulfills these niches,
which could benefit visitors to Lake Elsinore and increase revenue to the City.
The attached amendment to the existing agreement sets forth the scope of operations
for the proposed concessions at the Seaport Boat Launch Facility.
FISCAL IMPACT
The City of Lake Elsinore would receive seven (7 %) of the gross sales from the
proposed rental of PWCs and food concession by Pyramid Enterprises.
AGENDA ITEM N0. 3
PAGE�_OF
AMENDED CONCESSIONS AGREEMENT
MAY 24, 2005
PAGE # 2
RECOMMENDATION
Approve the attached First Amendment to the. existing Amended and Restated
License Agreement for Operation of the Campground, Day Use and Boat Launch
Facility and authorize the City Manager to execute the amendment subject to any
minor modifications as approved by the City Attorney.
PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department
APPROVED FOP
AGENDA BY:
AGENDA ITEM N0. 32
PACE a OF
(.$)
n FIRST AMENDMENT TO THE AMENDED AND RESTATED LICENSE AGREEMENT
FOR OPERATION OF THE CAMPGROUND, DAY USE AND BOAT LAUNCH
CONCESSION AT THE LAKE ELSINORE RECREATION AREA '
THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED LICENSE
AGREEMENT FOR OPERATION OF THE CAMPGROUND, DAY USE AND BOAT LAUNCH
CONCESSION AT THE LAKE ELSINORE RECREATION AREA (the "First Amendment ") is
made and entered into this 24th day of May, 2005, by and between the CITY OF LAKE ELSINORE,
a municipal corporation (hereinafter referred to as "City ") and PYRAMID ENTERPRISES, INC.,
(hereinafter referred to as "licensee"). .
RECITALS
This First Amendment is made with reference to the following facts which are a substantive
part hereof:
A. City and Licensee entered into that certain Amended and Restated License Agreement
for Operation of the Campground, Day Use and Boat Launch Concession at the Lake Elsinore
Recreation Area dated as of February 22, 2005 (the "Amended Agreement ").
B. Capitalized terms not defined herein shall have the meaning set forth in the Amended
Agreement.
C. Licensee desires to expand the scope of the Boat Launch concession and the City
Council finds that it is appropriate that this First Amendment is entered into to promote the safety
and convenience of the general public in the use and enjoyment of, and the enhancement of
recreational and park experiences within the Lake Elsinore Recreation Area, that the concession.is
not being entered into solely for its revenue producing potential, that the proposed concession is
compatible with the Lake Elsinore Recreation Area General Plan, and that the concession will not
result in the loss of public park space.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set
forth herein, the parties hereto agree as follows:
1. Section 1.2 of the Amended Agreement is hereby amended and restated to provide
as follows:
"l,2 Licensee is hereby authorized to operate and maintain the Boat
Launch concession including authority to: (i) allow the launching of boats and
personal water craft onto Lake Elsinore; (ii) sell food and non - alcoholic beverages at
the Boat Launch and adjacent City beach areas; (iii) charge fees for rental of boats
including personal water craft vessels at the Boat Launch and adjacent City beach
areas; and (iv) allow entry by individuals and groups into designated day -use only
areas."
First Amendment to Agmt. 1 AGENDA ffEM NO. `3 051805
PAGE�_OF
2. Except as expressly provided to the contrary in this First Amendment, all provisions
of the Amended Agreement shall remain unmodified and in full force and effect. In the event of any
inconsistencies between the terns and - provisions of this First Amendment and the terms and
provisions of the Amended Agreement, the terms and conditions of this First Amendment shall
control.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the
respective dates set forth below.
PYRAMID ENTERPRISES, INC., a
California corporation
DATED: 2005 Bv:
DATED: 2005
ATTEST:
City Clerk
APPROVED AS TO FORM:
VAN BLARCOM,LEBOLD,
MCCLENDON & MANN, P.C.
City Attorney
Chet Roberts, President
CITY OF LAKE ELSINORE, a municipal
corporation
By:
City Manager
First Amendment to Agmt. 2 AGENDA ITEM NO. 3 a' . ""'
PACE �L_OF
(.1)
`.6)
n CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRAD V, CITY MANAGER
DATE:: MAY 24, 2005
SUBJECT: 20054 1h OF JULY CELEBRATION
BACKGROUND
Last year the City Council approved funding for a fireworks show over the
lake as part of the 4`h of July Celebration. The celebration also included a
Patriotic Boat Parade of Lights. This was the first time in over ten (10)
years that Lake Elsinore has celebrated Independence Day. In the past, the
Lake Elsinore Storm Baseball Team has provided fireworks after their
n baseball game alternating between July P or July 01 'each year as per their
schedule.
When the fireworks were held on `July 3rd, city staff received many
complaints from the citizens who wanted fireworks on the 4`h. Last year the
Storm was scheduled to be away on the 4`h of July and,were planning their
fireworks show for the 3rd. The.-City Council allocated funding for fireworks
and staff contracted with PYRO Spectaculars for a fireworks show over the
lake following the Boat Parade.
Both the Boat Parade and the Fireworks Show received rave reviews from
the public and, it was decided, providing that the funding was available, to
make the 4`h of July Celebration an annual; event. Staff is currently obtaining
bids from three (3) fireworks providers for this year's show.
The Storm is scheduled for a home game this year and have planned a
fireworks show accordingly. Funding has been approved for a city
fireworks show as well. In order to provide our citizens an enjoyable 4`h of
AQENDA ITEM NO 3
PAGE ( OF �),
REPORT TO CITY COUNCIL
MAY 249 2005
PAGE 2
July event, staff is asking the City Council to provide direction on one of the
following options:
1. The City of Lake Elsinore will acquiesce to the Storm and not provide
a fireworks show or a 4`" of July Celebration. Cost = 0
2. The City can contribute to the Storm's fireworks show. This show
will be viewed mainly by game attendees but can be seen from around
the stadium. Cost= $10,000. .
3. The City will provide the Patriotic Boat Parade of Lights and
Fireworks Show over the lake. The fireworks show would begin at
9:30 p.m. to try and accommodate both fireworks shows. Cost =
$20,000., 1 1 1.
FISCAL IMPACT
The City Council has allocated $10,000 in the 2004/2005 budget and
$10,000 in the 2005/2006 budget for fireworks.
RECOMMENDATION
City Council provide direction to staff on one of the options listed above
regarding the city's 4`d of July Celebration.
PREPARED BY
APPROVED F
AGENDA BY:
v
TERI FAZZI(
MANAGER
AGENDA ITEM NO. 33 .
PAGE—() of I
Q.6/
CITY OF LAKE ELSINORE
REPORT TO CITY ` +COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MAY 24, 2005
SUBJECT: BRANDING AND PUBLIC RELATIONS /MARKETING
RFP: RECOMMENDATION FOR PROFESSIONAL
SERVICES CONSULTING
BACKGROUND
The Branding/Marketing subcommittee has evaluated several proposals and will
present its recommendation for professional services consulting for market
research, brand development and a strategic PR/Marketing plan.
DISCUSSION
On October 21,.2004, the City Council held a study session to discuss the rationale,
scope of work and timing of a branding strategy and new. marketing logo for the
City of Lake Elsinore. On February 22, 2005, the City Council approved issuing an
RFP for the above professional services. A Branding subcommittee (Buckley,
Hickman) was formed to review proposals and prepare recommendations to the
City Council for consideration.
Three firms were selected to be interviewed out of ten proposals received. Rather
than choosing a single agency, the Committee is recommending using the
capabilities of two firms to meet the City's scope of work. The lead agency will
have overall responsibility, including Phase I deliverables, with the second firm
providing expertise and support of Phase 2, the branding campaign and marketing
plan implementation.
The Committee recommends the Lake Elsinore Marketing Group (aka George
Bloomfield Group, Inc.) as the lead agency, and Cresta West, a Los Angeles -based
marketing/communications agency for Phase 2, brand campaign implementation.
34
FISCAL IMPACT
For FY 2005 -06, funding for Phase 1, which includes. market research, development
of a PR/Marketing plan and branding strategy and creation of branding materials
(artwork, logo design), is not to exceed $90,000. A 12 month budget for Phase 2,
implementation of the branding campaign and public relations support, will be
developed during Phase I, to be funded largely from the FY 06 -07 budget. Phase 2
costs may fall within the range of $100,000 to $150,000, depending on the use of
display advertising, direct mail, web kit development, and other marketing tactics.
The City Council will need to appropriate Phase I funding from available sources in
the FY 2004 -05 operating budget and proposed FY 2005 -06 budget.
RECOMMENDATION
The Branding Subcommittee recommends that the City Council:
1. Appropriate a not -to- exceed amount of $90,000 for professional services for
branding and marketing strategic planning, opinion research and brand
development of Phase I deliverables as identified in the Request for
Proposals dated March 15, 2005.. 1 .
2. Subject to Council approval of the final agreement(s), authorize the City
Attorney to draft the professional services agreement(s) to engage the
services of George Bloomfield, et al. (aka, Lake Elsinore Marketing Group)
for Phase I, and Cresta West for Phase 2, respectively updating the scope of
work and deliverables from the original RFP dated March 15, 2005.
PREPARED BY: MARK DENNIS, INFOXOMMUNICATIONS MANAGER
APPROVED FOR
AGENDA BY:.
I
MANAGER' SFICE , .
t�
April 20, 2005
City of Lake Elsinore
Mayor and City Council/Marketing Sub - Committee
130 South Main St.
Lake Elsinore, CA 92530
Attn: Mr. Robert A. Brady, City Manager
RFP: Branding & Public Relations /Marketing Plan
Dear Mr. Brady:
OREA;T.IVE,
M
Out INL
S O L U T I O N S
We are pleased to provide this summary letter followed by our submission and
proposal in response to the above referenced RFP.
Lake Elsinore's decision to launch a branding and marketing campaign reflects
an awareness of both the opportunities and challenges the city has in shaping its
image and managing the growth that is about to occur. The Lake Elsinore
Marketing Group (an LLC. in formations welcomes the opportunity to be at the
forefront of this effort:
Situation Analysis
Lake Elsinore is poised for dramatic growth in'the coming decade. The kind of
image the city projects over the next few years will play an important role in
determining just how that growth takes place. ` In seeking to develop a new
image, the City Council has recognized that —while the area is blessed with
many natural and manmade resources — the city is not well known throughout
Southern California. To the extent it is known, its reputation is not totally positive
The city's new image must accurately reflect Lake Elsinore's exciting potential
and bright future.
Lake Elsinore has a rich history and an-impressive locale. The recent increase in
commercial and residential development as well as new schools and expansions
of police and fire services portend the good things to come. The stadium and
many unique events held in and around the city- throughout the year add to the
city's attractiveness. These factors and the city itself, framed by panoramic
mountain vistas and a beautiful lake — the crown jewel of Western Riverside
County - provide a wealth of material for a well- crafted branding and marketing'
campaign.
i ci F �
pi
At the same time, negative impressions must be thoughtfully managed and some
perceptions changed. Our carefully conceived branding and marketing campaign
will help steer the growth by identifying, developing and presenting the image
and message that will best convey the city's forward vision in the minds of its
most desirable market segments.
Our Proposal
We propose three steps for this phase of the Branding and PR/ marketing
campaign: 1) research and statistical analysis, 2) brand development and
strategic image positioning, 3) development of a theme or "story" along with a
media communications plan and crisis management component.
Research
It is important to understand what the current residents of Lake Elsinore think and
like about the city as well as its image among residents throughout Souther
California. Our program will begin with several focus groups with important
segments of Lake Elsinore residents, including community and business, leaders,
students and part-time residents. Quantitative surveys of residents in San Diego,
Orange, Los Angeles and Riverside counties will determine what people.in those
areas think about Lake Elsinore as well as how they would respond if they knew
about certain positive attributes. The LEMG team includes research
subcontractors with vast experience sampling public opinion in Southern
California. This phase of the campaign will provide LEMG, and the City, with
significant statistical analysis.
Image Development:
The brand identity and visual communications selected for Lake Elsinore must
resonate with the target audiences, including potential recreational visitors,
homeowners and business owners. That is why research is the first step in the
program. By the conclusion of this project, a new logo and a tagline will be
developed that strikingly capture the future possibilities of Lake Elsinore and set
the stage for the next phase of the branding /marketing campaign.
Story Development:
After analyzing the research, a primary "story" will be forged. The purpose of the
story, or theme, is to focus a unified marketing strategy around a single concept.
The story will, in effect, expound on the new logo and,tagline. Existing media
relations activities will be analyzed and necessary new media relationships will
be identified. All the assets of the region, such as recreational opportunities and
current seasonal and special events, will be identified and catalogued for use in
the next phase of the city's branding and marketing campaign. Ideas for new
events or activities may also present themselves. The end result of this portion of
the campaign will be a PR plan that incorporates both proactive story
development and crisis management tactics.
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Our -Team
A project of this complexity requires the expertise of a balanced team of
seasoned creative professionals with core strengths in strategic marketing,
branding and graphic design, PR and media relations, as well as research, data
analysis and crisis management:
LEMG is led by George Bloomfield, himself a property owner in Lake Elsinore,
who will serve as the city's principal contact. George is a creative director and
marketing designer with roughly 25 years of related experience in visual
communications and executive -level marketing leadership. He and his wife,
Kathie, consider Lake Elsinore a magical place that has captured their hearts.
Along with his professional credentials, he brings first -hand knowledge and
involvement in community activities and an uncommon passion for helping shape
the future of the area.
The team also includes Hilary Kaye, a public relations and marketing executive
with 20+ years experience, and Bill Furlow, a specialist in reputation
management and crisis and strategic communications. Leading the research
effort will be Robert;Meadow, Ph.D., who has spent much of the past three
decades conducting survey research in Southern California, and Cherie Sion,
who for that same period has led thousands of focus groups in the region.
The LEMG team is committed to delivering a powerful, cost- effective plan that
will help launch the coming growth and enrichment of Lake Elsinore. We
sincerely appreciate this- opportunity to submit our response to your Request for
Proposal. We know you will be pleased and impressed by our approach and the
results we generate. Please contact us if you have any qualifying questions. We
look forward to working with you, the Council's marketing sub - committee, and the
community of Lake Elsinore.
Sincerely,
George R. Bloomfield -
President
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PACE S C;—/
Statement of Commitment:
The principals of LEMG are fully committed and able to fulfill the requirements of
this Branding & Public Relations/Marketing RFP. We employ the necessary staff
and have identified those specialized sub- contractors required to deliver timely
and professional response to the varied facets of this project.
The requested identification and resumes of principal persons responsible for,
research implementation, visual branding and marketing.plan development are
noted in Qualifications above.
Cost Summary:
Many of the sub - contractor costs related to .research and data analysis are
provided as line item options under Work Plan: Research Planning and
Implementation, above.
Our internal professional fees and billing rates for this project will vary based on
the individual(s) and expertise required to fulfill particular work, the lion's share of
the initial planning and creative work will be,of a principal level. A cumulative
principal level hourly rate of $150 is provided as the average fee for these initial
three phases of work. Upon receipt and our complete review and analysis of our
contracted research data, we will develop and provide a comprehensive formal
marketing plan and associated cost summary. It is our practice and intention to
plan each phase carefully and to provide quotes or estimates for each major
component of this project in a menu format. From this menu of services or items,
we can more effectively discuss and determine those efforts that best suit your
time and budget constraints while promising most favorable early results.
Q.r/
We. recognize and offer our cost summary for the three initial components to do
this project. These include the visual branding and logo design for the city,
strategic research and subsequent data analysis, and the development of a 12-
month formal marketing plan.
Because solutions may vary. greatly in regards to complexity and detail, a cost
range is provided. After meeting with the sub - committee, we will gain a clearer
understanding of their intentions and desires. We can then provide more precise
cost estimates.
Based on Deliverables as stated:
1. Branding Assets and related graphics
Logo Design (primary and up to 3 department sub - logos):....... $3,500 to $5,000
Includes design and finished file prep only
excludes photography, printing, media costs & postage
Additional materials to be determined and quoted separately
2. Itemsl & 5: ..................................................................... $19,500 to $24,000
Includes Written PR/Marketing Plan and budget for 12 month branding
campaign implementation and support
3. Research Planning and Implementation :......... See options and range above.
6d� 6j 7
In Conclusion:
We appreciate the opportunity to present you with our Proposal in response to
your Branding & Public Relations/Marketing RFP. We are confident in our ability
to provide Lake Elsinore and its interests with tasteful, results- oriented solutions.
From logo design and related asset development and comprehensive research to
the development and implementation of a well focused extended marketing plan.
We are ready and eager to begin our work by scheduling our initial discovery .
meeting with the Council's sub - committee. We are available to answer any
questions you may have. We thank you for your consideration.
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Action Events: Identifying existing events in and around Lake Elsinore that will
generate positive public relations opportunities, as well as recommending NEW �✓
events to bring positive attention to the community.
Budget: Completed plan will include development of a recommended budget to
cover plan implementation. The budget will offer a range of costs, allowing
maximum options for City consideration.
— Research Planning and Implementation:
Public opinion survey — Conduct a public opinion survey of residents of Los
Angeles, Orange, San Diego and Riverside counties to identify their existing
attitudes about Lake Elsinore.
Option 1 — Survey 200 respondents in each of the four counties with a 10- minute
telephone survey. Cost, $26,400 to $31,800
Option 2 — Survey 200 respondents in each of the four counties with a 15- minute
telephone survey. Cost, $38,280 to $45,000
Focus groups — Conduct focus groups with Lake Elsinore residents, including
sets of business owners, community leaders, homeowners and students to gain
an overall sense of their attitudes about the area.
Option 1 — Conduct one focus group for each of four identifiable resident
segments. Cost, $30,240 to $31,720.
Option 2 — Conduct two focus groups for each of four identifiable resident
segments. Cost, $58,080 to $59,520.
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Data Analysis — Review results of quantitative (surveys) and qualitative (focus
groups) research to bring together conclusions about internal and.external
attitudes of Lake Elsinore. Cost, $2,000
Positioning Platform = Create a positioning platform that addresses the top
negatives uncovered by the public opinion samplings and builds on the identified
positives. This positioning platform will inform the strategy and creative work that
will come in the next phase of the city's branding effort. Cost, $10,000
Media Relations Training — Prepare city representatives to deal with the news
media. Training will cover handling good news stories as well as negative
stories. Hand -on workshop includes on- camera practice.
Option 1 —'One half -day session fora maximum of five.people.
Cost, $3,750
n
Option 2 — Two half -day sessions for a maximum of five people each.
Cost $6,750
Option 3 One full -day session for a maximum of five'people.
Cost, $6,000
Option 47 Two full -day sessions for a maximum of five people each.
Cost, $9,000
Crisis Communications Planning — To protect the city's investment in its
branding, create a crisis communications plan-that will enable the city to respond
effectively to situations that could significantly, damage the city's'reputation (e.g.,
Riverside police shooting, lack of communications during San Diego wildfires,
indictments of Huntington Beach council members): -Cost, $10,000.
PAG2q0F IS
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COMMUNICATION THAT MOVES THE NEEDLE
April 21, 2005
To
Mr. Robert A. Brady, City Manager
City of Lake Elsinore, CA
From
Cresta West
Subject
Response to RFP entitled,
Branding & Public Relations /Marketing Plan
APR 2 1 2005 ( I
We have carefully reviewed your Scope of Work, the Deliverables required to meet your
expectations and the Project Schedule. As you will see from the attached Response, we
are fully capable of executing this project and have the breadth of background to
successfully become your City's marketing and public relations partner. But, that doesn't
begin to express our excitement about this Project.
Jordan Velarde and I are principals from our Los Angeles office who would guide the
project. We visited with Mark Dennis, toured Lake Elsinore and came away with a
feeling that this is a city on the brink of great things. Your location, the scenery, the
outdoor opportunities, the history, the real estate and retail growth, and the commitment
of your leadership and your citizens makes Lake Elsinore an ideal town to take a giant
leap forward.
Clearly, there is leftover misperception about the city and that's an opportunity for
change.
There is a brand position just waiting to be grabbed - -the City with both Extreme and
Green, the outdoor enthusiasts' paradise, the young family's affordable "terrific place to
raise kids ", the retirees' paradise of weather, health facilities, security and affordability
and the entrepreneur - friendly place for business.
What needs to happen is that we need to really pinpoint and define the brand positioning
"gaps" between your reality and target audience perceptions. Our trademarked
Indigenuitym Process is the pathway that we believe fits your needs. It is
essentially a way of taking the indigenous strengths of a community and
leveraging them into a powerful selling idea.
For a complete outline of the IndigenuifyTM Process, please see page 10 of our
PowerPoint presentation, but let us summarize the highlights here.
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The first step is Brand Vision
After doing all of the normal due diligence in terms of reading existing material and
interviewing key members of community leadership, a research project needs to be
launched.
This will require both formal quantitative research in the form'of a tele- or web survey
and qualitative research in the form of focus groups. We recommend both approaches
because, in our experience, the richness of tonality that you get from focus groups is a
perfect foil for the specific quantitative information gained from. surveys. One
complements the other as a means of gaining a full 'picture'of issues.
Brand Definition & Positioning
After research and strategy sessions, we will be able to articulate what your brand is,
prioritize targets, clarify the brand promise and position :. This,, along with supporting
research and final report, will be our first major deliverable to you in the form of a
PowerPoint presentation to be made to your civic leadership.
As a result of this presentation, the City should achieve the buy -in needed to proceed.
Additionally, we will recommend that the presentation be used by various Brand
Ambassadors-to engage a much larger group of'key influencers in the community -civic
groups, community club groups, business groups, etcetera. One of.the strengths of
Lake Elsinore today is that you are still small enough to bring the entire community into
n the process and that would be a major aim of this work.
If a majority of citizens buy in to the vision, the leveraging strength of this program will be
enormous.
Foundational Elements— '
We use the term "foundational elements" to describe the basic building blocks of brand
communication —a brand strategy, brand identity elements and style guide, advertising
and public relations key messages and creative thrust, and a basic set of images to be
used widely by the community.
The presentation of these Foundational Elements would be our second major
deliverable to you.
Again, we would use a cascade approach to present these to a leadership group and
then provide the presentation to that group for further dissemination into the community.
Which leads to the two last steps in the IndigenuityTM Process...
Cultural Cognition and Market Execution—
Cultural cognition is the ongoing process of involving the community throughout and
providing tools that they can readily access —for example, the Marketing Toolkit that we
developed for Bakersfield was made available online (www.bakersfieldvision2020.com -
click on the "Marketing Toolkit" icon). It has all the elements that any community group
or business could use to support a cohesive, consistent brand image of the city. Real
estate developers use the Toolkit to add messaging and imagery to their promotional
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brochures. The local hospitals and schools use the toolkit for staff -and student
recruitment. Businesses use the toolkit as part of their relocation packages for new
hires. ,And, it's a growing, living thing that is built on a firm foundation of brand strategy,
but with messages and imagery added over time.,
The re- design of the City website and creation of a Toolkit is probably Phase II of this
project, but a very important next step.
Market execution speaks for itself. As we develop Phase 1, we will be thinking about and
working to presenting you with the advertising and, public relations campaign to
support all of our brand development work.
That public relations /marketing plan, budget and schedule will be our third major
deliverable to you.
In addition, and most important,.we will be working with you to identify sources of.
funding for these initiatives and providing you with the presentations to realize those
sources.
This has been a quick overview of the approach we would take with this project. In
closing, may we iterate our excitement and commitment to helping position and market
Lake Elsinore to all of its target audiences and to contribute to the growth and,.
development of the community. .
sincerely yours,
are Beugen
General Manager
Cresta West
323.939.7003
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COMMUNICATION THAT MOVES THE NEEDLE
Statement of Commitment
One of our strongest attributes,is the ability to deliver superior results for our
clients' most time - sensitive and important'projects. In our 30 -year history,
we have always been able to meet a client's deadline: on- target, on- budget.
If awarded this project, we will manage it'out of our Los Angeles office:.`
Cresta West
714 N. La Brea
Suite 250 -
General Manager
Cresta West
Cresta West Page 1
City of Lake Elsinore
Branding, PR & Marketing Plan Proposal
with Partnerz in
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LOS ANGELES
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April. 21, 2005
Phase I Summary of Work Specifications and Fees (Implementation
Cost, itemized by main categories)
As described in our cover letter, we envision this project Eo be phased as we
work with you to develop the tools for a successful Brand image. Below are
our specifications and fees as per your deliverables requested on page three
of the RFP.
"Written strategic public relations /marketing plan with emphasis on brand establishment and
supporting marketing and PR goals, objectives, tactics and strategies. Opinion survey
(telephone) and final Report, including PowerPoint summary presentation, statistical summary,
cross tabs analysis."
Research $20,000 - 25,000
- In- person.meetingwith the City,
- Branding needs assessment/situation analysis
- Interviews with key constituents
- Public opinion survey /focus groups
- PowerPoint presentation and final report
"Branding Assets artwork (i,e„ new marketing logos and related presentation graphics)."
Brand Identity Support Materials 30,000 - 50,000
-In- person meeting with the City
-Key messaging and creative thrust
-Logo design (3 rounds of revisions)
-Logo style guide
- Original photography
- Graphic design of template for online Toolkit
"Schedule of branding campaign milestone activities for twelve (12) months. Budget for branding
campaign implementation and related contract PR & marketing support services (twelve month
cycle)."
Strategy Development /Market Execution 40,000 - 50,000
-In- person meeting with the City
-Brand marketing & PR strategic goals and objectives
- Development of public relations /marketing plan
Estimate total
Hourly Rate Schedule:
- Brand Consultant $300 /hr.
- Producer 200 /hr.
Cresta West Page 2
City of Lake Elsinore
Branding, PR & Marketing Plan Proposal
$90,000 - 125,000
April 21, 2005 l�
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Tentative Schedule
MAY 2005 Award of contract. Hold the 15` of 3 in- person meetings.
Begin research: interviews with key community constituents,
branding needs assessment/situation analysis.
JUNE 105 Continue research: public opinion surveys, focus groups.
JULY 105 Begin brand articulation: prioritize targets /audience, clarify
brand promise and position.
AUG. '05 Hold 2nd of 3 in- person meetings. Present PowerPoint
presentation. Begin work on Foundational Elements: refine
brand strategy, develop key messaging, creative thrust and
begin brand identity design.
SEPT. '05 Present initial brand identity designs. Prep and produce photo
shoot. Begin design of Toolkit template. Develop brand
marketing and PR strategic goals and objectives.
OCT. 105 Final approval on messaging, brand identity. Review and edit
photography. Final approval on design of Toolkit template.
Present Public Relations /Marketing Plan.
NOV.'05 Final approval of Public Relations /Marketing Plan. Build
schedule and final budget for PR/Marketing activities and
milestones.
DEC. 105 Hold 3`d in- person meeting. Present schedule and budget for
PR/Marketing activities and milestones.
Cresta West Page 3
City of Lake Elsinore
Branding, PR & Marketing Plan Proposal
April 21, 2005
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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 24, 2005
SUBJECT: REQUEST FOR DONATION OF VAN
BACKGROUND
The City currently owns five passenger vans previously donated to the City by the
County of Riverside. Two of the vans. are operational and used sporadically; two°are in
need of repair and the fifth van has been utilized as a "parts" vehicle to maintain the
two operational vans.
A local nonprofit' agency, Helping Our People of Elsinore ( "HOPE "), has approached
the City seeking donation of one operational van to assist in providing community
programs. In particular, HOPE plans to use the van in conjunction with its program to
provide food to the community's needy families and senior citizens.
DISCUSSION
Pursuant to Lake Elsinore Municipal Code Section 3.12.030, the Purchasing Officer
(Director of Administrative Services Matt Pressey) has the authority, subject to the
City Manager's approval, to donate surplus supplies and equipment to nonprofit
organizations or school districts located or operating within the City: Such donations
can be made only if the recipient agrees (i) to accept the equipment "as is "; (2) has an
immediate need; and (3) will not sell or transfer the property for profit. The recipient
must also assume all costs and liability associated with the removal and transportation
of the surplus property from the City.
In the event that City staff believes the property to be donated has a value of $1,000 or
more, the City Council must be notified of the property proposed to be donated, the
estimated value of the property to be donated, and the recipient's identity at least thirty
(30) days prior to the donation.
City staff estimates the value of an operational van at $2,000 - $3,000. Accordingly, the
City Council may reject the proposed donation.
AGENDA ITEM NO 3 �J
PACE of l
REPORT TO CITY COUNCIL .
MAY 24, 2005
PAGE 2
FISCAL IMPACT
Although the van is estimated to be worth $2,000 - $3000, the City will not incur any
out -of- pocket costs with respect to the donation.
RECOMMENDATIONS
That the City Council ratify the donation of one van to HOPE provided that all of the
conditions imposed under LEMC 3.12.030 are satisfied and direct the City Attorney to
prepare the necessary documentation.
PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY
APPROVED FOR
AGENDA LISTING:
Y MANAGER'S OFF
AGENDA ITEM NU. 35
PAGE ' , OF- ,_,''
n
APPROVAL OF CONDITIONAL USE PERMIT NO. 2005-05
CONVENIENCE OR NECESSITY RESOLUTION
To clarify the City's role in making a determination of public convenience or necessity,
Section 23958.4 was added to the Business and Professions Code (BPC) in 1995 which
gave the local governing agency sole authority to make a determination of public
convenience or necessity for off -site sales establishments.
When the local agency elects to make a determination, the determination must be made by
the "local governing agency" or its designated body. The Department has interpreted the
"local governing agency" to be a City Council or the Board of Supervisors. A "designated
body" is whomever the City Council designates by resolution to make the determination.
At this time, the Department will only accept a determination from the City Council since
the Council has not designated any alternate.
Alcoholic Beverage Sales Establishment Guidelines
A number of operational conditions are proposed to prevent potential disturbances
consistent with the City's "Alcoholic Beverage Sales Establishment Guidelines." These
conditions are recommended to ensure that off -site sales are conducted in an orderly
manner and do not encourage public disturbances.
The guidelines also require the Planning Commission or City Council to determine that the
hours of operation are appropriate for the proposed use and to consider the proximity of
nsensitive uses, and other similar uses selling or serving alcohol.
In determining whether to approve the Conditional Use Permit and Resolution, the City
Council must determine whether or not the proposed project will be detrimental to the
health, safety, morals, comfort and general welfare of the persons residing, in or working in
the neighborhood or whether it will be injurious or detrimental to property or
improvements in the vicinity or to the welfare of the City.
Findings
1. Although there is not an over concentration of licenses within the Census Tract
where the project is located, the general welfare of the City will not be
compromised by the addition of alcoholic beverage sales at this location.
2. Establishing alcoholic beverage sales at this location will not be detrimental to the
health, safety, morals, comfort and general welfare of the persons residing in or
working in the neighborhood nor injurious of detrimental to the property or
improvements in the vicinity since the proposed location is a sufficient distance
from sensitive uses, and other uses selling or serving alcohol, and it is for off -site
sales only. In addition, several operation conditions are proposed that will ensure
that alcoholic beverage sales are conducted in an orderly manner and do not cause
loitering.
f 3. The proposed hours of alcoholic beverage sales are appropriate for the proposed
use in that convenience store will operate as designated by Council and alcoholic
beverage sales will occur only when permitted legally under State law.
AGENDA FfErv, rvv. _ 5
PAGE OF L
What the Council Needs To Approve
In approving the Conditional Use Permit, a Resolution must be included also for approval
to read "The City Council has determined that the project is not detrimental to the health,
safety, morals,, comfort and general welfare of persons residing in or working in the
neighborhood and is not injurious or detrimental to the property or improvements in the �•✓
vicinity or to the welfare of the City..
AGENDA ITEM NO.
pAGE OF_ 4