HomeMy WebLinkAbout10/14/2008 CC Reports
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
DARYL HICKMAN, MAYOR
GENIE KELLEY, MAYOR PRO TEM
THOMAS BUCKLEY, COUNCILMAN
ROBERT E. "BOB" MAGEE, COUNCILMAN
ROBERT SCHIFFNER, COUNCILMAN
ROBERT A. BRADY, CITY MANAGER
WWW.LAKE.ELSINORE.ORG
(951) 674-3124 PHONE
(951) 674-2392 FAX
LAKE ELSINORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
*************************************************************************************
TUESDAY, OCTOBER 14, 2008
STUDY SESSION AT 4:00 P.M.
CLOSED SESSION AT 5:00 P.M.
PUBLIC SESSION AT 7:00 P.M.
The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the
Council and Agency with valuable information regarding issues of the community.
Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are
televised live on Time Warner Cable Station Channel 29 and Verizon Subscribers can
view the meetings on Channel 31.
If you are attending this City Council Meeting, please park in the parking lot across the
street from the Cultural Center. This will assist us in limiting the impact of meetings on
the Downtown Business District. Thank you for your cooperation.
The agenda is posted 72 hours prior to each meeting outside of City Hall and is
available at each meeting. The agenda and related reports are also available at the
City Clerk's Office on the Friday prior to the Council meeting and are available on the
City's web site at www.lake-elsinore.ora. Any writings distributed within 72 hours of the
meeting will be made available to the public at the time it is distributed to the City
Council.
In compliance with the Americans with Disabilities Act, any person with a disability who
requires a modification or accommodation in order to participate in a meeting should
contact the City Clerk's Office at (951) 674-3124, ext. 262, at least 48 hours before the
meeting to make reasonable arrangements to ensure accessibility.
CALL TO ORDER -- 5:00 P.M.
CLOSED SESSION
(1a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code
~54956.8) .
Properties: APNs 363281024-3, 363540003-4, 373061009-3, 373062006-3,
373082021-8, 373083020-0, 373132052-0, 373132053-1, 373132058-6,
373132059-7,373133001-7,373133002-8, 373134024-1, 373134025-2,
373134026-3,373135019-0,373152001-6, 374043014-8, 374072026-9,
374262004-6, 374262011-2, 375031023-6, 375042027-4, 375042028-5,
375152048-3, 375152049-4, 375201019-8, 375201020-8, 375223036-1,
375223037-2,375274009-5,375274010-5, 375274046-8, 375274047-9,
375293023-6,375293029-2,375293030-2, 375321006-7, 375321029-8,
375321030-8,375321031-9,375321032-0, 375321033-1, 375321053-9,
375321054-0,375324010-9,378055055-0, 378100008-7, 378100009-8,
378100017-5,378157040-1,378182017-9, 378182018-0, 378182035-5,
379191004-2.
City/RDA negotiator: City Manager I Executive Director Brady
Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the
County of Riverside, et al.
Under negotiation: Price and terms of payment
(1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8)
Property: APN 379-204-016-2
City negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore and Lillian Galiana
Under negotiation: Price and terms of payment
(1c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8)
Property: APN 375-264-019-3
City negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore and James H. Harker and Stelca A.
Somerville
Under negotiation: Price and terms of payment
(1d) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code
Section 54957): City Clerk
CALL BACK TO ORDER /7:00 P.M.)
PLEDGE OF ALLEGIANCE
INVOCATION - MOMENT OF SILENT PRAYER
ROLL CALL
CLOSED SESSION REPORT
PRESENT A TIONS/CEREMONIALS
(2) Mayor Hickman will present a proclamation in recognition of Empire Race for the
Cure.
(3) Mayor Hickman will present Certificates of Recognition to the Trauma
Intervention Heroes with Heart recipients.
(4) Mayor Hickman will present the Business of the Quarter.
(5) The City Council will receive a presentation from Nico Melendez, Spokesman for
the U.S. Department of Homeland Security.
(6) Mayor Hickman will present a proclamation in recognition of Arbor Day.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
(Please read & complete a Speaker's Form at the podium, prior to the start of the City
Council Meeting.)
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the podium, prior to the start of the City
Council Meeting. The Mayor will call on you to speak, when your item is called.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved on one motion, unless a
Councilmember or any member of the public requests separate action on a specific
item.)
(7) Minutes of the Followino Meetina(s)
a) Joint City Council/Redevelopment Agency Study Session - September 23,
2008.
b) Regular Meeting - September 23,2008.
Recommendation: Approve as submitted.
(8) Warrant List Dated September 30. 2008
Recommendation: Authorize payment of Warrant List dated September 30,
2008.
(9) Claims Aaainst the Citv
Recommendation: Reject the claims listed and direct the City Clerk's Office to
send a letter informing the claimants of the decision.
(10) Second Amendment to Janitorial Services Contract
Recommendation: Authorize the City Manager to sign the Second Amendment
to Service Contract for janitorial services for City parks and facilities with A & A
Janitorial.
(11) Second Amendment to Parks Landscape Maintenance Contract
Recommendation: Authorize the City Manager to sign the Second Amendment
Parks Landscape Contract with CTAI Pacific Greenscape to provide park
landscape maintenance service to the City of Lake Elsinore.
(12) Refund Lake Manaaement Fund Deposit for FY 2008/09
Recommendation: Approve the refund of the $650,000 Lake Maintenance Fund
deposit for FY 2008-09.
(13) Approval of License Aareement for Use of Old Librarv Buildina with California
Familv Life Center
Recommendation: Approve the License agreement for the Old Library Building
with California Family Life Center and authorize the City Manager to sign the
agreement.
(14) Approval of South Coast Air Quality Manaoement District Lease Renewal
Recommendation: Authorize the City Manager to execute the contract renewal
with South Coast Air Quality Management District extending their lease
agreement another five years.
(15) Interchanae Improvements at Interstate 1-15 and Central Avenue (SR-74) -
Consultant Selection for Survevino and Soils Testina
Recommendation: Approve the selection of KDM Meridan for survey work and
the firm of City and County Soil Testing for soil testing for Interchange
Improvements at Interstate 1-15 and Central Avenue (SR-74) and allow staff to
process the agreement.
(16) Purchase Authorization to Replace Enterprise E-Mail Server
Recommendation: It is determined to be in the best interest of the City to waive
the bidding process and authorize the City Manager to sign and issue a purchase
order to Hewlett Packard, Inc. and Zones, Inc. for the replacement of the City's
Enterprise E-mail System.
(17) Minor Desion Review for K Hovanian Homes
Recommendations:
a) Receive and file the resolution and conditions of approval.
b) Instruct the City Clerk to record the vote on the resolution as 3-2 in
accordance with the vote taken on September 23rd.
c) Authorize the Mayor to execute the resolution.
PUBLIC HEARINGIS)
(18) General Plan Update and Draft Environmental Impact Report
Recommendation: Consider the staff/Planning Commission recommendation and
direct staff/Planning Commission accordingly.
BUSINESS ITEMIS\
(19) Ordinance Addina Chapter 8.13 to the Lake Elsinore Municipal Code Reaardina
Aaaressive Donation Solicitations
Recommendation: Waive further reading and introduce an ordinance adding
Chapter 8.13 to the Lake Elsinore Municipal Code regarding Aggressive
Solicitation of Donations.
(20) Introduction of an Ordinance Adoptina Tree Preservation Guidelines
Recommendation: Waive further reading and introduce an ordinance, adding
Chapter 8.50 to the Lake Elsinore Municipal Code regarding tree preservation.
(21) Appeal ofTUMF Buildina Desianation of Service Commercial
Recommendation: Deny the appeal to change the project TUMF building
designation from Service Commercial to Class B Office.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start of the City
Council Meeting)
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
COMMITTEE REPORTS
CITY TREASURER COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT
The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday,
October 28, 2008, at 7:00 p.m. to be held in the Cultural Center located at 183 N. Main
Street, Lake Elsinore, CA 92530.
AFFIDAVIT OF POSTING
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, do hereby affirm that a
copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this
meeting.
IIssll
VIVIAN M. MUNSON
CITY CLERK
DATE
CITY 0 F
.~
LAKE ,6,LSINORJ:
~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: CLOSED SESSION REPORT(S)
Discussion
(1a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code
954956.8)
Properties: APNs 363281024-3, 363540003-4, 373061009-3, 373062006-3,
373082021-8, 373083020-0, 373132052-0, 373132053-1, 373132058-6,
373132059-7,373133001-7,373133002-8, 373134024-1, 373134025-2,
373134026-3,373135019-0,373152001-6, 374043014-8, 374072026-9,
374262004-6, 374262011-2,375031023-6,375042027-4,375042028-5,
375152048-3, 375152049-4, 375201019-8, 375201020-8, 375223036-1,
375223037-2,375274009-5,375274010-5, 375274046-8, 375274047-9,
375293023-6,375293029-2,375293030-2, 375321006-7, 375321029-8,
375321030-8,375321031-9,375321032-0, 375321033-1, 375321053-9,
375321054-0,375324010-9,378055055-0, 378100008-7, 378100009-8,
378100017-5,378157040-1,378182017-9, 378182018-0, 378182035-5,
379191004-2.
City/RDA negotiator: City Manager / Executive Director Brady
Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the
County of Riverside, et al.
Under negotiation: Price and terms of payment
(1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8)
Property: APN 379-204-016-2
City negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore and Lillian Galiana
Under negotiation: Price and terms of payment
Agenda Item No.1
Page 1 of 2
Closed Session Reports
October 14, 2008
Page 2
(1C) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8)
Property: APN 375-264-019-3
City negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore and James H. Harker and Stelca A.
Somerville
Under negotiation: Price and terms of payment
(1d) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code
Section 54957): City Clerk
Recommendation
Recess prior to adjournment of tonight's meeting in order to conduct an executive
(closed) session.
Prepared by:
Vivian M. Munson
City Clerk
Robert A. Brady
Executive Director
Approved by:
Agenda Item No. 1
Page 2 of 2
CITY OF ~
LAKE 5LSiNOR..E
\. I .
~ DREAM E;(TREME
REPORT TO CITY COUNCIL
TO:
FROM:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: PRESENTATION
Discussion
Mayor Hickman will present a proclamation in recognition of the Inland Empire Komen
Race for the Cure.
Prepared by:
Vivian M. MunsW
City Clerk tyr
Robert A. BradY()~
City Manager '{.W
Approved by:
Agenda Item No.2
Page 1 of 1
CIT'Y OF .~
LAKE ,5ILSiNORJ:
~~ DREAM E;(TREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: PRESENTATION
Discussion
Mayor Hickman will present Certificates of Recognition to the following Trauma
Intervention Heroes with Heart Lake Elsinore Police Department recipients: Corporal
William Cuddy, Deputy Robert Wilson, Deputy John Juarez, Deputy Joseph Sinz and
Miriam Shumway.
Recommendation
Receive and file.
Prepared by:
Vivian M. Muns~ /
City Clerk ~
Robert A. BradyA1J1
City Manager IIffiY
Approved by:
Agenda Item NO.3
Page 1 of 1
CITY OF .~
LA~E ,6,LSil'iORf:
~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: PRESENTATION TO THE BUSINESS OF THE QUARTER
Discussion
Mayor Hickman will present a plaque to The Links at Summerly for the Business of the
Quarter.
Prepared by:
Vivian M. Muns~ /
City Clerk (Y
Robert A. Brady/JrI1
City ManagerW
Approved by:
Agenda Item No.4
Page 1 of 1
CITY OF .~
LA}ZE \6,LSiNO~
~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
FROM:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: PRESENTATION
Discussion
The City Council will receive a presentation from Nico Melendez, Spokesman for the
U.S. Department of Homeland Security.
Recommendation
Receive and file.
Prepared by:
Vivian M. Munso@
City Clerk
Robert A. Brady
City Manager
Approved by:
Agenda Item NO.5
Page 1 of 1
CITY OF .~
LAKE ,6/LSiNOR-E
~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: PRESENTATION
Discussion
Mayor Hickman will present a proclamation in recognition of Arbor Day.
Prepared by:
Vivian M. Munso~.
City Clerk V
Robert A. BradY()~
City Manager ~
Approved by:
Agenda Item NO.6
Page 1 of 1
CITY OF ~
LAIZE \6,LSiNO~
~ DREAM EXtREME
REPORT TO THE CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: APPROVAL OF MINUTES
Discussion
The following City Council minutes are for approval as follows:
a) Joint City Council/Redevelopment Agency Study Session - September 23,
2008.
b) Regular Meeting - September 23,2008.
Recommendation
Approve the submitted Joint City Council/Redevelopment Agency Study Session
minutes and all regular City Council meeting minutes as submitted.
Prepared by:
Vivian M. Muns-L}J /
City Clerk ~
Robert A. Bradyl1l16,
City Manager V4w
Approved by:
Agenda Item NO.7
Page 1 of 7
MINUTES
CITY COUNCIL
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 23,2008
******************************************************.******..*************************************
CALL TO ORDER - 5:00 P.M.
The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m.
ROLL CALL
PRESENT: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
ABSENT: NONE
CLOSED SESSION
City Attorney Leibold indicated the following items were to be discussed during Closed
Session:
(1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9:
One potential case
(1b) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6)
City designated representative: City Manager Brady
Employee Organization: United Public Employees of California, L1UNA Local 777
City Attorney Leibold indicated any action taken during Closed Session would be
reported on during the regular portion of the meeting.
The City Council meeting was recessed into Closed Session at 5:00 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M)
City Council reconvened the meeting at 7:04 p.m.
1
Also present were City Manager Brady, City Attorney Leibold, Administrative Services
Director Pressey, City Treasurer Weber, Captain Fetherolf, Captain Cleary, Public
Works Director/City Engineer Seumalo, Information/Communications Manager Dennis,
Director of Parks and Recreation Gonzales, Finance Manager Riley, Fire Chief
Hendershot, Director of Community Development Preisendanz, Planning Manager
Weiner and City Clerk Munson.
PLEDGE OF ALLEGIANCE
Joyce Smith led the Pledge of Allegiance.
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Hickman led the meeting in a moment of silent prayer.
CLOSED SESSION REPORT
City Attorney Leibold stated City Council met in Closed Session to discuss one potential
case of anticipated litigation, pursuant to Government Code Section 54956.9, and
indicated there was no reportable action.
In addition, the City Council met in Closed Session to discuss conference with the City
Labor negotiator, pursuant to Government Code Section 54957.6. Counsel indicated in
connection with certain budgetary constraints and anticipated layoffs, the City Council
did authorize a severance package of four weeks severance to all affected employees
and to those employees affected employees who currently receive health benefits,
those benefits will continue and will receive medical, dental and vision through the end
of the year, December 31, 2008. Counsel also noted in addition, the City Council
authorized the City Manager to enter into a furlough program with the City employees.
PRESENTATION/CEREMONIALS
(2) Mayor Hickman presented a proclamation to Cathy Mayhall in recognition of
Mayhall Printing.
(3) Mayor Hickman presented a proclamation to Maryann Olson in recognition of
RELAY FOR LIFE. Ms. Olson also announced RELAY FOR LIFE will be held
October 11th and 1ih at Canyon Lake Middle School, a 24-hour event that starts
at 9:00 a.m.
(4) Mayor Hickman presented a proclamation to Thomas Vose, Branch Manager of
Elsinore Library and Leiloni Purcell, President of Friends of the Library in
recognition of Lake Elsinore Library's 100th Anniversary.
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(5) Mayor Hickman presented a proclamation to Leticia Plummer and Beth Torez of
the Assistance League of Temecula Valley in recognition of Operation School
Bell.
(6) Mayor Hickman presented a Certificates of Appreciation to Jeanie Corral for the
5-K Run, and Janna Kaas and Kathe Aniol for the parade related to their
contributions to Unity in the Community.
(7) Tony LoPiccolo, representative of the Lake Elsinore Valley Chamber of
Commerce provided the City Council with an update of Chamber activities.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Jeanie Corral, Unity Parade Committee representative, provided the City Council with a
flyer on the 1ih Annual "Put the Unity in Community Parade", Saturday, November 22
at 10:00 a.m.
Joyce Hphendal, Lake Elsinore Citizens Committee announced the Lake Elsinore
Valley Chamber of Commerce will be hOlding a candidates forum Monday, September
29th at the Lake Elsinore Storm Clubhouse at 6:00 p.m.
Ruth Atkins, announced the Dowr:ltown Merchants Association and the Lake Elsinore
Historical Society is inviting all of the friends of Mayhall Print Shop to a reception Friday,
September 26th from 5-7:00 p.m. at Flour Fusion on Main Street.
COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 8 THROUGH 16
The following items were listed on the Consent Calendar for Council approval:
(8) Minutes of the Followina Meetina(s)
a) Joint City Council/Redevelopment Agency Study Session - May 22, 2008.
b) Joint City Council/Redevelopment Agency Study Session - September 9,
2008.
c) Regular Meeting - September 9, 2008.
Recommendation: Approve as submitted.
(9) Warrant List Dated September 15. 2008
Recommendation: Authorize payment of Warrant List dated September 15,
2008.
(10) I nvestment Report - Auaust 2008
Recommendation: Receive and file.
3
(11) Purchase of Leica TCRP1205+ Robotic Trackinq Total Station for Collision
Scene Documentation
Recommendations:
a) Approve the purchase of the Leica RCRP1205+ Robotic Total Station and
related equipment.
b) Approve the expenditures in the amount of $29,818.52 to Servco Surveyors
Service Company from the Lake Elsinore Traffic Offender Fund.
(12) General Plan Update
Recommendation: Receive and file.
(13) 1-15/Railroad Canyon Road and 1-15/SR-74 Interchanqe Update
Recommendation: Receive and file report.
(14) Construction Contract Award for Grand Avenue
Recommendations:
a) Aware the Grand Avenue Pavement Rehabilitation to D & L Wheeler
Enterprises in the amount of $257,451.
b) Authorize the Mayor to execute the contract with D & L Wheeler Enterprises.
(15) Request for Waiver of Fees for Use of the Cultural Center for a Candidates'
Forum
Recommendation: Approve request for fee waiver for the use of Cultural Center
for a Candidates' forum.
Councilman Buckley noted the NAACP contacted him at based on a
conversation, the use of the facility will be from 11 :00 a.m. to 4:00 p.m.
(16) Aqreement with Home Depot U.S.A. for Reimbursement of the Cost of
Enqineerinq and CalTrans Permittinq Services Relatinq to the Interim
Interchanqe Improvements at SR-74/1-15 - Chanqe Order No.1
Recommendations:
a) Approve the project Change Order No. 1 with Home Depot U.S.A. in the
amount of $227,902.60.
b) Authorize the City Manager to execute the contract change order with Home
Depot U.S.A.
It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley
to approve Consent Calendar Item Nos. 8 through 16.
4
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: MAYOR HICKMAN (Items 8b & 8c)
PUBLIC HEARING(SI
There were no public hearings.
APPEAL(SI
(17) COUNCIL APPROVES THE APPEAL. UPHOLDS THE DESIGN REVIEW
APPLICATION AND OVERTURNS THE PLANNING COMMISSION'S
DECISION TO INCLUDE THE STATED CONDITIONS AND THE
INSTRUCTIONS TO STAFF RELATED TO MINOR DESIGN REVIEW NO.
2008-01, SUBMITTED BY K. HOVNANIAN HOMES FOR 98 SINGLE FAMILY
RESIDENCES IN THE LA LAGUNA ESTATES SPECIFIC PLAN, TRACT MAP
NO. 32377-2
Community Development Director Preisendanz presented the staff report. He
indicated the Planning Commission voted 3-2 to deny the appeal and uphold his
action and felt this project did not meet the design guidelines.
Axel Zanelli, Chairman of the Planning Commission, requested the City Council
to uphold the Planning Commissions' decision in supporting the Community
Development Director's decision to deny the appeal. He noted the homes that
are being built today, will be in the City for the next generations and to take a step
back in time is not in the best interest of the City. He indicated the focus should
be on getting the foreclosed homes filled and restore our neighborhoods to the
quality they were before this time. He indicated with 1,000 empty homes and for
the City to lower its standards to build another 98 homes in the next two years,
would not be in the best interest of the City.
Ron Geier, representative of K. Hovnanian Homes, 32541 Juniperberry,
Temecula, indicated there is a consistent misunderstanding as to what they are
requesting. He indicated they are to continue building the same product that is
currently selling within the La Laguna Specific Plan. He noted there is no request
5
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I
from them to take a reduction in square footage or any reduction in architectural
elements on those homes. He indicated what they are specifically asking is that
they are allowed to continually pull permits, and to continue to build the homes
that are successfully selling through this turbulent market. He also noted they are
asking to continue to build through the 98 lots, to build a four model complex
further up the elevation of the mountain with two of those homes sites to be left
vacant and to be left as hold ,outs.
Yossi Aoudel, Legal Coun13el for K. Hovnanian Homes, 800 N. Haven Ave.,
Suite 320, Ontario, spoke in opposition of the denial. He noted should the project
be approved, they request two things of the Council 1) they request that the City
Council provide specific instructions as to how the project will continue, and 2)
that the City Council have special meetings to adopt resolutions to approve the
project because they are incurring substantial cost and expense everyday that
the project is idle, somewher~ between $13,000 - $15,000 per day.
Councilman Schiffner made a motion for Council to approve construction of 50 of
these homes with the same architecture and felt, because of the economy, it was
not the time to ask developers for improvements to raise the bar, and when those
homes are done, they Counqil will take another look at the project.
There being no second, motion died.
Mayor Pro Tem Kelley inquired how many homes would be built a month.
Ron Geier, responded three homes a month.
,
Mayor Pro Tem Kelley indicated she wanted to do what she believes is right and
in the best interest of the residents and noted Council is setting a precedence
with this project which is a first of several builders who want to downsize their
projects, build smaller homes, go back to 2004 prices, and compete with
foreclosures. She noted the economy is temporary and these homes are
permanent and stated she will support the Planning Commission's decision.
Councilman Magee indicated economic viability is a business decision and the
City's is not here to bail anyone out. He noted this project is clearly a higher level
of quality construction and eflhancements that was available to our residents in
1990 and indicated Phase VI will have to be truly special and raise the bar and
be different from what is being presented now.
City Attorney Leibold indicated the design review application corresponds to the
tract map, and if there is ;an approval of a lesser number of units cause
complications and for Council to consider how this works when subdividing the
application.
Ron Geier, responded he ~as not certain if this was economically viable and
6
expressed concern with the ,turnaround time and the processing of the conditions
and spread the cost of the models park over 50 homes as opposed to over 98
homes.
City Attorney Leibold indicated if the majority of the Council wants to approve the
appeal and uphold the design review application, and overturn the Planning
Commission's decision, if ~ufficient direction is provided with respect to these
findings and delegate to staff the job of fashioning the conditions, then the
resolution can be prepared, and be effective tonight. She noted staff indicated
that changing the number of homes would be too tall of a task and not certain if
this could be accomplished tonight.
Community Development Director Preisendanz indicated it would be easier to
approve the balance of the tract then to phase it and would take more review to
ensure it is phased properly.
Mayor Hickman indicated K.Hovnanian borrowed $35,000,000 and have wasted
$1,000,000 in interested trying to get this project though for 98 homes. He
indicated the City needs their business because of the budget, nine employees
being laid off because of the lack of permits, and the decrease in sales tax and
property tax. He also indicated if they can build the same thing and it is not lower
in bar they have his blessing:
City Attorney Leibold indicated with respect to the motion on the floor, in order to
approve the design review, there needs to be certain findings incorporated, those
findings needs to include th~ goals and objectives of the General Plan and La
Laguna Estates Specific fi'lan, complies with the findings and applicable
provisions of the Design Re~iew provisions of the Municipal Code, which include
appropriate scale and spatial relationship of structures, the design concept
complements neighboring properties, the exterior materials are of quality
appropriate screening and f~ncing, there is appropriate privacy with respect to
lots and placement of units on the lot. She indicated the motion should include,
not only those findings that were stated, but include the conditions of approval to
include with the recommendation that but a delegation of authority to the
Community Development Director to fashion appropriate conditions.
It was moved by Councilman Schiffner, and seconded by Mayor Hickman to
approve the appeal and uphold the design review application for the 98 homes,
and overturn the Planning Cqmmission's decision to include the stated conditions
and the instructions to staff.
The following vote resulted:
AYES:
MAYOR HICKMAN
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
7
NOES: MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
ABSENT: NONE
ABSTAIN: NONE
COUNCIL RECESSED THE MEETING AT 8:18 P.M.
COUNCIL RECONVENED THE MEETING AT 8:23 P.M.
BUSINESS ITEM(S)
(18) COUNCIL APPROVES THE REVENUE AND EXPENDITURE BUDGET
ADJUSTMENTS AS PRESENTED IN THE REPORT
City Manager Brady presented the staff report. He indicated the items before the
City Council are proposed adjustments to the City's fiscal 2008/09 budget which
a number of the items were discussed during a study session on September
18th.
Administrative Services Director Pressey indicated the City is faced with certain
budgets adjustments that will need to be made. He noted sales tax, property tax
and general revenues are down $1.1 million, and development related revenue
and fees are down $1.5 million. He reviewed some of the issues discussed at the
budget study session on the 18th of September and the suggested budget
adjustments to include Council directions. He indicated there is a $2.158 million
short-fall in revenue, which is being supplemented with the rainy day fund, an
additional $103,900 for a total of $572,500. He also noted the Police Department
non-personnel department cuts totaled $1.3 million, and the staff work force
agreed to one furlough day of $181,000, and management $76,000 and a variety
of other personnel adjustments being made.
Administrative Services Director Pressey commended City staff for willing to give
back with a furlough which speaks volumes to their commitment and
acknowledged the City Manager for his leadership, compassion, strength of
character in taking care of the City through these troubled times.
Daniel Uhlry, resident, commended the City Council and inquired if the State
was going to take any further monies from the City.
Councilman Buckley responded the State will be taking $1,442,073 from the
Redevelopment Agency.
Mayor Pro Tem Kelley commended staff for putting their heads together and
coming up their ideas to reduce budget expenses.
8
,
Councilman Buckley indicat~d the $5.5 that will be coming from the RDA through
year three could also include not just cash, but could include payments to the
City via capital expenditureslthat the RDA is able to make.
I
I
Councilman Magee recognized management and staff for their work during these
difficult times. He inquired about the status of the lake fund suspension.
I
,
City Manager Brady responded he and the General Manager of the EVMWD
have had some conversatiohs and are looking at $325,000 or hopefully the entire
$650,000 any of which has to be approved by the Board Members.
Councilman Magee noted the reductions do not take any Police Officers off the
street and no reductions in code enforcement services. He also recommended
the City accept the 6% pay reduction offered by the contract employees provided
that a caveat that their nOntbillable time not exceed 15%. He also noted their
contributions to the City have been significant. He also recognized staff for
accepting the furlough days and agreeing to a 6% cut in pay and chose to do that
to be part of the team and to ibe commended for their sacrifice.
I
Councilman Buckley noted the monies for the E-Gov Initiative have been taken
out but indicated that was okl because it was not ready.
,
It was moved by Mayor Pro !em Kelley, and seconded by Councilman Schiffner
to approve the revenue and expenditure budget adjustments as presented in the
report. '
The following vote resulted:
AYES:
MAYOR HICKMAN
MAYOR PRO 1fEM KELLEY
COUNCILMANIBUCKLEY
COUNCILMAN!MAGEE
COUNCILMAN ISCHIFFNER
NONE
NOES:
ABSENT:
NONE
ABSTAIN: NONE
CITY MANAGER COMMENTS
City Manager Brady commented/Jnnounced the following:
:
(1 )
Thursday, September 25, Lake Elsinore Valley Chamber of Commerce will be
holding their Business Mixe~ at Samaria Salon, 265 San Jacinto River Road,
,
9
(2)
(3)
(4)
(5)
(6)
(7)
(8)
from 5:30 -7:30 p.m.
Thursday, September 25, E~C Quarterly Luncheon at The Storm Diamond Club,
from 11 :30 -1 :00 p.m.
Saturday, September 27, TIP Heroes with a Heart at Pechanga Resort & Casino
at 6:00 p.m.
Saturday, September 27, NAACP will be hold a candidate's forum at the Cultural
Center from noon to 3:00 p.m.
Monday, September 29, Chamber of Commerce will be hold a candidate's forum
at the Diamond Club from 6-~0 p.m.
October 2 through 5, Toxic Tierrors at the Haunted Stadium, 7:00 p.m to midnight
at the Diamond Stadium.
Saturday, October 4, Oktoberfest at McVicker Park from 10:00 a.m. to 8:00 p.m.
Saturday, October 4, Household Hazardous Waste Collection, from 9 a.m. to
2:00 p.m. at 521 N. Langstaff (adjacent to the City Yard)
CITY ATTORNEY COMMENTS
No comments.
CITY TREASURER COMMENTS
No comments.
CITY COUNCIL COMMENTS
Council member Buckley commented on the following:
Thanked all those who
Councilmember Magee commented on the following:
No comments.
Councilmember Schiffner commented on the following:
!
No comments.
Mayor Pro Tem Kelley commented on the following:
No comments.
Mayor Pro Tem Kelley commented on the following:
Mayor Hickman adjourned the meeting at 8: 50 p.m.
10
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE !
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
11
MINUTES
JOINT CITY COUNCIUREDEVELOPMENT AGENCY
STUDY SESSION
CITY'OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELsINORE, CALIFORNIA
TUESDAY, SEPTEMBER 23,2008
****************************************************************************************************
CALL TO ORDER
Mayor Hickman called the Joint Study Session to order at 4:04 p.m.
ROLL CALL
PRESENT:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
COUNCILMAN BUCKLEY
ABSENT:
Also present were: City Manager Brady, City Attorney Leibold, Administrative Services
Director Pressey, City Treasurer IWeber, Director of Public Works/City Engineer
Seumalo, Parks and Recreation Director Gonzales, Director of Community
Development Preisendanz, Building Division Manager Chipman, Public Works Manager
Payne, Finance Manager Riley and City Clerk Munson.
,
DISCUSSION ITEMS
Mayor Hickman gave an overvie~ of the presentations and confirmed that the
presenters would be present at the 7:00 p.m. meeting.
PUBLIC COMMENTS
No public comments.
CONSENT CALENDAR ITEM{S)
(8) Minutes of the Followina Meetina{s)
No comments.
1
Agenda Item NO.7
Page 2 of 7
(9) Warrant List Dated September 15. 2008
No comments.
(10) I nvestment Report - Auqust 2008
No comments.
(11) Purchase of Leica TCRP1205+ Robotic Trackinq Total Station for Collision
Scene Documentation
Mayor Hickman inquired if this product was a good machine.
Captain Fetherolf confirmed.
(12) General Plan Update
Director of Community Development Preisendanz indicated staff is prepared to
take this item to the City Council on October 14th and is prepared with the staff
report and the land use changes the Planning Commission recommends.
Councilman Magee inquired, with regard to the re-circulation of the Draft EIR,
how much and how long.
Director of Community Development Preisendanz responded the how much will
be determined once the land use changes go before the City Council on the 14th;
Council will make decisions on whether ,they support the land use changes or
not, then, staff will take those decision, re-input the numbers into the EIR and
calculate how much it will cost. He noted he was hoping most of these changes
can be made in house and does not know what the actual cost would be. He
stated the re-circulation of the EIR is a 45 day review period, with a two week
response period, so it would be another. two months or more. He also noted
should the Council support the land use changes, then the EIR will require a re-
circulation, then go back to the Planning Commission to make a full
recommendation on the EIR as recirculated with all of the response and
comments, the land use plan and the changes to the text as proposed, then
return to the City Council.
(13) 1-15/Railroad Canvon Road and 1-15/SR-74Interchanqe Update
Councilman Magee noted there was no biological survey included in the coming
Spring of 2009 and indicated there needs ,to be.
Public Works/City Engineer Seumalo responded the value analysis study
essentially increases the number of alternatives and indicated this was the
bizzarro value analysis which reduces it. He noted the reason this is being done
2
Agenda Item NO.7
Page 3 of 7
this way is to get the footprint and start the environmental and noted that
CalTrans staff was on board with this and is moving forward.
(14) Construction Contract Award for Grand AVenue
No comments.
(15) Request for Waiver of Fees for Use of the Cultural Center for a Candidates'
Forum
No comments.
(16) Aqreement with Home Depot U.S.A. for Reimbursement of the Cost of
Enqineerinq and CalTrans Permittinq' Services Relatinq to the Interim
Interchanqe Improvements at SR-74/1-15 - Chanqe Order NO.1
No comments.
PUBLIC HEARING(S)
There are no public hearings.
APPEAL(S)
(17) Appeal of the Planninq Commission's Denial of Minor Desiqn Review No. 2008-
01, Submitted bv K. Hovnanian Homes for 98 Sinqle Family Residences in the La
Laquna Estates Specific Plan, Tract Map No. 32377-2 .
City Manager Brady noted he received a letter from the Lake Elsinore Valley
Chamber of Commerce which has been distributed to the City Council.
BUSINESS ITEM(S)
(18) Fiscal Year 2008/09 Operatinq Budqet Adiustments
Kirt Coury, Contract Planner, indicated he was representing the voice of the
contract staff and wanted to come forward to state their side and perspective. He
indicated contract staff are vested business owners in the City, by that the
emphasis being they have a vested interest in the City and the success in the
City. He noted they are always looking out for the City's interest. He noted there
are larger scale projects that will be coming forward to the City within the next
two to three months. He noted some of the projects the contract planners are
currently working on and provided the contract planner's specialties and
expertise. He requested Council consideration with review of the budget if there
is an ability to extend time, if possible. He also outlined how much the
consultants make and how much is being charged for their time through CRS
3
Agenda Item NO.7
Page 4 of 7
accounts. He indicated the contract employees would be willing to take a 6% pay
cut to increase some of that revenue.
Mayor Hickman noted he received two phone calls today, one from Will Nickles
who indicated Toyota will not be proceeding with their project until 2012 or 2013;
and one call from Castle and Cooke who indicated they are not brining their
package until June or July.
Mayor Hickman requested a status of the Marina project.
Contract Planner Miller responded the EIR has been circulated and will return
with comments on October 14th. She noted the Specific Plan has been returned
for several revisions and back in the hands of the applicant for final revisions.
She also noted staff is anticipating bringing the project before the Planning
Commission within two to three months.
City Treasurer Weber inquired how many hours a contract planner works per
week and how long has each contractor worked for the City.
Mr. Coury responded it varied depending upon the contractor, 20-32 hours on
average with a $75 rate. He also noted Linda has been with the City for 11
years, Carole five years, Wendy two and one half years, and he has been with
the City for five years in November.
City Manager Brady noted the cost is $127 an hour that is charged to the cost
recovery the difference in that then is used to pay for the administrative and
overhead costs.
City Treasurer Weber asked if any of the contractors have a engineering license.
Director of Community Development Pr~isendanz responded planners do not
require an engineering license to perform their tasks and outlined the many
degrees each of the contract planners have and indicated they have strived very
hard to maintain their billable hours at 80%.
Councilman Magee recognized the institutional knowledge the four contractors
represent; noting Linda has been with the City for over a decade and is extremely
significant and indicated the Council would be remiss in not acknowledging the
fact that the contract planners are willing to give up 6% of their salary which
equate to $70.50 and is not going un-noticed. He also thanked all four for
attending the meeting.
Councilman Magee also noted that more than 80% of their time has been billable
and shows that they are diligent and indeed working in the City's best interest.
4
Agenda Item No. 7
Page 5 of 7
REDEVELOPMENT AGENCY
CONSENT CALENDAR ITEMCS)
(1) Approval of Redevelopment Aaencv Minutes
No comments.
(2) Warrant List Dated September 15, 2008
No comments.
(3) Investment Report - Auaust 2008
No comments.
PUBLIC HEARINGCS)
(4) Mid-Term Review to Evaluate the Aaencv's Redevelopment and Housina
Implementation Plan 2005-2009 and the proaress of the Rancho Laauna
Redevelopment Proiects No. I. No. II and No. III
Member Hickman inquired if foreclosed homes can be purchased by the Agency
and be used for redevelopment units. .
Agency Counsel responded if it was the Agency intention to acquire the
properties and make them available for low-moderate income housing with resale
restrictions that restrict the income and the affordability of the units, then yes, the
housing set-aside funds can be used for this anywhere within the City. She also
noted if the City wanted to use 80% monies and not make the units "affordable"
within the meaning of the Redevelopment Law, the analysis is a little different,
but possible.
BUSINESS ITEMCS)
No business items.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
No comments.
ADJOURNMENT
Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Session
at 4:29 p.m.
5
Agenda Item NO.7
Page 6 of 7
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
THOMAS BUCKLEY, CHAIRMAN
REDEVELOPMENT AGENCY
6
Agenda Item No.7
Page 7 of 7
CITY OF ~
LAKE 6LSiNORf:
\ I
V DREAM EXTREME~
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: WARRANT LIST DATED SEPTEMBER 30, 2008
Discussion
The warrant list is a listing of all general checks issued since the prior warrant list.
Recommendation
Authorize payment of Warrant List dated September 30, 2008.
Prepared By:
Crystal Robinson () N?
Account Specialist I ~
Reviewed By:
Matt N. presse~~
Director of Administrative Services
Approved By:
Robert A. Brady(1 ra
City Manager \lAP
Agenda Item No.8
Page 1 of 5
rUND# FUND DESCRIPTION
100 GENERAL FUND
104 TRAFFIC OFFENDER FUND
105 MISC. GENERAL PROJECT FUND
110 STATE GAS TAX FUND
112 TRANSPORTATION/MEASURE A FUND
-------
130 LIGHTING/LANDSCAPE MAINTENANCE FUND
135 L.L.MD. NO.1 FUND
205 TRAFFIC IMPACT FEE FUND
221 PARK C.I.P. FUND
352 A.D. 86-1 DEBT SERVICE FUND
353 AD. 89-1 DEBT SERVICE FUND
356 A.D. 90-1A DEBT SERVICE FUND
357 C.FD.2003-02 DEBT SERVICE FUND
360 A.D. 93-1 DEBT SERVICE FUND
------
362 C.FD.95-1 1996-E DEBT SERVICES FUND
363 C.FD. 88-3 III A 97 SERIES A
365 C.F.D. 98-1 SUMMERHILL IMPROVEMENT DEBT SERVICE FUND
jiffi-G:F.D. 2005-6 CITY CENTER TOWN HOMES DEBT SERVICE FUND
367 C.F.D. 2006-1 SUMMERL Y DEBT SERVICE FUND
368 C.FD. 2006-2 VISCAYA DEBT SERVICE FUND
----------
369 C.F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND
371 C.F.D. 2005-1 SERENITY DEBT SERVICE FUND
372 C.F.D. 2005-2 ALBERHILL RANCH DEBT SERVICE FUND
373 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND
374 C.F.D. 2005-4 LAKE VIEW VILLAS DEBT SERVICE FUND
375 C.FD. 2006-4 TR#30698 & 32129 DEBT SERVICE FUND
376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND
377 C.F.D. 2006-6 TESSERA DEBT SERVICE FUND
------~-
378 C.F.D. 2006-8 RUNNING DEER ESTATES DEBT SERVICE FUND
------
381 C.F.D. 2006-10 RIVERLAKE VILLAS DEBT SERVICE FUND
-----,_._--
382 C.F.D. 2006-9 TRIESTE DEBT SERVICE FUND
384 C.FD. 2003-2 SERIES 2006 A DEBT SERVICE FUND
385 C.FD. 2004-3 SERIES 2006 A DEBT SERVICE FUND
386 C.F.D. 2007-4 MAKENNA COURT DEBT SERVICE,FUND
387 C.F.D. 2007-5 RED KITE DEBT SERVICE FUND
604 ENDOWMENT TRUST FUND
606 MOBILE SOURCE AIR POLLUTION FUND
608 TRUST DEPOSITS & PRE-PAID EXPENSE
620 COST RECOVERY SYSTEM
650- C.FD. 2003-1 LAW & FIRE DEBT SERVICE FUND
651 C.FD. 2006-5 PARK, OPEN SPACE & STORM DEBT SERVICE FUND
WARRANT
SUMMAR Y
TOTAL
$ 1,029,353.54
68.99
24,500.16
9,847.79
224,734.21
41,936.00
1,365.10
1,133.69
1,100.00
10.50
654.50
213.50
10,382.71
7,207.58
88,032.50
16,562.00
5,366.63
500.00
940.00
3,053.00
7,122.75
1,830.72
4,340.86
500.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
2,652.35
6.86
500.00
500.00
2,450.00
317.06
2,500.00
6,180.91
500.00
500.00
$ 1,500,363.91
SEPTEMBER 30, 2008
CITY OF LAKE ELSINORE
GRAND TOTAL
10/1/2008 Warrant 093008
1011
Agenda Item NO.8
Page 2 of 5
SEPTEMBER 30, 2008
CITY OF LAKE ELSINORE
WARRANT UST
CHECK# VENDOR NAME
92748 STEPHANIE & MIKE ATENCIO
"--------------
92749 STEPHANIE & MIKE ATENCIO
94764 I.C.MA RETIREMENT TRUST
-,-._-_._------------
.~47_65.._____ NELSON PAVING, INC'-___
94766 UNION BANK OF CALIFORNIA
----._------~-
97004 RIVERSIDE COUNTY RECORDER
- ------~-----
97355 A & A JANITORIAL SERVICE
~----_._.__.__._----
97356 ACS
.._--_.__._-~-
97357 ACTION PARK ALLIANCE, INC.
97358 ALLIED TRAFFIC EQUIPMENT RENTAL, INC.
97359 AMERICAN FORENSIC NURSES
97360 AMERICAN MATERIAL CO.
_____n__.
97361-97362 AMERIPRIDE SERVICE
---'--
97363 APPLIED INDUSTRIAL TECHNOLOGIES
---------~
97364 ARTISAN GOLDSMITHS & AWARDS
-----------
97365 STEPHANIE & MIKE ATENCIO
~J:3!3.6___ BLOOMFIELD GROUP, INC.
973.~?____ BMLA,lNC.
~3.6.iL_ BURE~U VERITAS NORTH AMERICA, INC.
97369-97670 BURKE, WILLIAMS & SORENSEN, L.L.P.
97371 CAL STATE UNIVERSITY OF SAN BERNARDINO
---------
97372 CAL STATE UNIVERSITY ON SAN MARCOS
-----
97373 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE
_973J4:__ CANON FINANCIAL SERVICES, INC.
97375 CANYON LAKE WAKE BOARD CLUB
-- -------
97376 COLOR TECH COMMERCIAL PRINTING
97377 KIRT A. COURY
.9J.3?1l___ CUTTING EDGE STAFFING, INC.
97379 DAPEER, ROSENBIL T & LITVAK, L.L.P.
97380 DAVID EVANS & ASSOCIATES, INC.
97381 RICK DE SANTIAGO
0.---__.---
97382 DIAMOND STADIUM GROUP, LLC
97383 MARIE DILLON
---------
97384 DISH NETWORK
97385 DMP MOTORSPORTS
~.._-_._--------
97'.3~_ CAROLE K. DONAHOE, A.I.C.P.
97387 DOWNS COMMERCIAL FUELING, INC.
97388-97394 E. V. M. W. D.
97395 ELSINORE VALLEY RENTALS
97396 EMKAY, INC.
97397 EMPIRE DOOR
----.--------
97398 EMPLOYMENT DEVELOPMENT DEPARTMENT
------~
97399 EXCEL LANDSCAPE, INC.
97400-97401 FEDERAL EXPRESS CORPORATION
_97402 _ FIRST AMERICAN CORE LOGIC, INC.
.97'4:Q:L_ GEOCON INLAND EMPIRE, INC.
97404 GLORY INDOOR SKATE PARK
.~7405......... GRANICUS, INC.
97406 LORENA HANCOCK
---------
97407 HARBOR FREIGHT TOOLS
._--------.
97408-97411 HARRIS & ASSOCIATES, INC.
~7412___.. HI-WAY SAFET'V:,-INC.
AMOUNT
$ (1,764.25)
(1,764.25)
4,843.00
180,000.00
87,532.50
(18.00)
200.00
1,500.00
2,083.00
316.78
163.50
33.45
223.66
369.45
10.78
3,528.50
4,413.13
9,67il.OQ_
880.00
.---
45,542.61
350.00
350.00
875.00
3,086.25
1,000.00
364.51
5,550.00
2,580.00
32.00
1,974.00
204.71
19,330.39
32.00
54.99
1,000.00
3,917.55
12,372.49
81,305.01
37.71
898,58
59.74
65.00
15,448.00
514.30
228.08
2,349.00
200.00
5,896.89
397.50
77.33
47,558.35 .
1,557.32
10/1/2008 Warrant 093008
10F3
Agenda Item NO.8
Page 3 of 5
SEPTEMBER 30, 2008
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK# VENDOR NAME
97413 INFO USA MARKETING, INC.
97414 INNOVATIVE DOCUMENT SOLUTIONS
97415 DE JANDA
-~.
97416 JJJ ENTERPRISES
------
97417 JOHN DEERE LANDSCAPES
-----------~-
97418 JOHN HOPKINS UNIVERSITY
~~--_._._--
97419 KETTERING UNIVERSITY
------------
97420 THE L.I.U. OF N.A.
97421 LAKE BUICK PONTIAC GMC, INC.
97422 LAKE ELSINORE TIRE & AUTO, INC.
97423 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
---------
97424 L1LBURN CORPORATION
---~_._-----
97425 . L1NKLlNE COMMUNICATIONS, INC.
97426 L1UNA LOCAL 777
._-_._~-
97427 MIGHTY MOVER TRAILERS, INC.
97428 LINDA M. MILLER
----------
97429 IGNACIO MONTEJANO
97430 NEWPORT BOATS
97431 NEXTEL COMMUNICATIONS
97432 NOBLE CONSULTANTS, INC.
97433_ ORANGE COUNTY STRIPING, INC.
97434 ORANGE CREDIT SERVICE
97435 ORKIN, INC.
97436 MONICA PETTIGREW
------
97437-97439 PETTY CASH
97440 POWERLAND EQUIPMENT, INC.
97441 GENARO PRATS
97442 PRE-PAID LEGAL SERVICES, INC.
97443 THE PRESS ENTERPRISE
il7_4~<\_ PVP COMMUNICATIONS, INC.
97445 QUILL CORPORATION
-----------
97446 RIGHTWAY SITE SERVICES, INC.
97447 RIVERSIDE COUNTY RECORDER'
97448 COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH
97449 COUNTY OF RIVERSIDE, WASTE MANAGEMENT DEPARTMENT
97450 ROLYAN BUOYS
97451 SCOTT FAZEKAS & ASSOCIATES, INC.
97452 SHRED-IT
97453 SIEMENS
97454 KATHLEEN R. SMITH
97455 DAVID S. SOLOMON
97456-97460 SOUTHERN CALIFORNIA EDISON CO.
---------~~----
97461 DANANJA SOYSA
97462 SPRINT
97463 STANDARD INSURANCE COMPANY
--~_._...
97464 STANDARD INSURANCE COMPANY
97465 STAPLES BUSINESS ADVANTAGE
97466 STAUFFER'S LAWN EQUIPMENT
97467 STENO SOLUTIONS
97468 T T S TRUCK PARTS
97469 TEAM AUTOAID, INC. _
97470 TEMECULA MOTORCYCLE SALES & SERVICE
AMOUNT
5,250.00
748.44
330.00
415.50
272.78
350.00
350.00
3,418.80
358.66
20.00
16,772.00
3,187.50
44.95
1,583.00
878.16
5,662.50
492.41
3,147.13
4,739.26
1,663.64
50,684.21
30.00
375.00
77.50
820.56
37.27
1,780.00
129.50
840.00
45.00
183.95
4,005.45
39.00
1,304.00
95.22
5,495.25
12,840.96
90.00
132.00
421.88
4,425.00
10,890.27
102.00
160.00
289.53
10,244.44
592.43
16.80
1,136.96
1,471.82
393.92
68.99
10/1/2008 Warrant 093008
2 OF 3
Agenda Item NO.8
Page 4 of 5
SEPTEMBER 30, 2008
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK# VENDOR NAME
97471 TIME WARNER CABLE
---~--
_9!~7_~~_ TOMARK SPORTS, INC.
97473 UC REGENTS
--~-~-----
97474 UNION BANK OF CALIFORNIA
97475 UNION BANK OF CALIFORNIA
97476 UNITED PARCEL SERVICE
97477 UNITED STATES POSTAL SERVICE
--------
97478 UNIVERSITY OF SANTA BARBARA
97479 UNIVERSITY OF SANTA BARBARA
"-~-,--_.._-_.
97480 VA CONSULTING, INC.
97481 VERIZON BUSINESS
-------------- ~---
97482 VERIZON CALIFORNIA
--------------
97483 VERIZON ONLINE
.--..-----
97484 MARIA VILLEGAS
---~.._--~--
97485 VISION SERVICE PLAN
----------
97486 VISTA PAINT CORPORATION
----------
97487 WAL-MART COMMUNITY
-----_.~---
97488 WEST COAST ARBORISTS, INC.
97489 WESTERN RIVERSIDE COUNCIL OF GOVT'S
_974~0__----""'()HTHEY, WEND~_
97491 ZONES CORPORATE SOLUTIONS
AMOUNT
57.07
190.25
350.00
5,360.00_
2,750.00
135.88
180.00
350.00
350.00
3,507.44
575.00
1,180.69
159.95
830.00
1,607.96
376.76
81.68
1,312.00
169,912.84
5,625.00
661.33
PIE DATE
901,896.05
09/12/08
_..._-"._~-~--
09/26/08
09/12/08
09/26/08
09/22/08
09/22/08
09/17/08
---_._~--
09/30/08
PAYROLL CASH
PAYROLL CASH
PAYROLL TAXES
PAYROLL TAXES
-----
CALIFORNIA P.E.R.S.
CALIFORNIA P.E.R.S.
FLEIBLE BENEFITS-WIRE TRANSFER
UNION BANK OF CALIFORNIA-WIRE TRANSFER
162,671.48
157,059.21
63,514.36
61,548.41
4,355.58
103,357.78
904.20
45,056.84
GRAND TOTAL
1,500,363.91
CHECK STOCK #339248 thru 339366
10/1/2008 Warrant 093008
3 OF 3
Agenda Item No.8
Page 5 of 5
CITY Of ,~
LAIZ-E 6LSiNORI:
~ DREAM E;(TREME
'"
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: CLAIMS AGAINST THE CITY
Backaround
Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren
& Company, Claims Administrators. When received, each claim is logged in the City
Clerk's Office and forwarded to this company for investigation. After initial review and
investigation, direction is issued to the City to take one of several actions such as
rejection, notification of late claim or reservation of action until further information is
obtained.
Discussion
The following claims have been recommended for rejection by Carl Warren & Company:
CL# 2008-25 - Jesus Preciado
2008-24 - MSA Enterprises Inc.
FiscallmDact
None.
Recommendation
Reject the claims listed above and direct the City Clerk's Office to send a letter
informing the claimants of the decision.
Agenda Item NO.9
Page 1 of 14
Claims Against the City
October 14, 2008
Page 2
Reviewed by:
Jessica Guzman ~
Office Specialist '
Vivian Munso~
City Clerk
RobertA. Brady()w::!.
City Manager W
Prepared by:
Approved by:
Agenda Item NO.9
Page 2 of 14
~
September 20, 2008
RECEIVED
SfP 232008
CITY CLERKS
OFFICE
TO: The City of Lake Elsinore
ATTENTION: Jessica Guzman, Office Specialist
RE: Claim
Claimant
D/Event
Rec'd Y/Office
Our File
Preciado vs. The City of Lake Elsinore
Jesus Preciado
3/12/2008
9/9/2008
S-1483453-SWQ
We have received and reviewed the above claim and request that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. If you have any questions please
contact the undersigned.
V cry tiuly yours,
ARREN & CO
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
710 Placentia A venue, Placencia, CA 92870-6832
Mail: P.o.Box25180.SantaAna.Ca 92799-5180
Phone: (714) 572-5200 . (800) 572-6900 ~ Fax: (714) 961-8131
Agenda Item NO.9
Page 3 of 14
CITY OF A
LAKE ,6,LSiNORf
V DREAM EXTREME
September 11, 2008
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
Dear Mr. Kunz:
Enclosed for your handling is a claim I personally received
on September 9, '2008 from Clay R. Sides on behalf of Jesus
Preciado (CL #2008-25). Pl,ease keep me advised of
appropriate City Council Action.
For further assistance, please contact me at (951) 674-3124
ext. 269. '
Sincerely,
Enclosure
951.674.3124
130 $. MAIN STREET
LAKE ElSINORE, CA 92530
WWW.LAKE-ELSjNORE_ORG
Agenda Item No.9
Page 4 of 14
CITY OF ~ .
LA~E 6LSINORt
~ DREAM EXTREMEN
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Damages to Persons or Personal Property)
Received
Time/Date Received:
RECEIVED
A daim must be tiled with the City Clerk of the City of Lake Elsinore lNithin
six (6) months after the incident or event occurred. Be sure your daim is
against the City of Lake Elsinore, not another public entitY_ 'vVhere space is
insufficient, please use additional paper and identify information by
paragraph number. Completed daims must be mailed or delivered to the
City Clerk. City of Lake Elsinore, 130 South Main Street, Lake Elsinore.
CA 92530.
SEP 0 9 2008
CITY CLERKS OFFICE
i
i
I
I
----.J
The undersigned respectfully submits the following claim and information relative to damage to persons and/or
personal property:
1. Name of Claimant Jesus Preciado
a. Address of Claimant:
b. Phone No.. l__
d. Social Security No.
c. Date of Birth
LD. No.:
e. Drivers Lic. No.
2. Name, post office address and telephone to which claimant desires notices to be sent, if other than
the above: Clay R.Sides, Attorney at Law, 120 S. Main Street, Fallbrook, CA
92028
3, Occurrence or event from which this claim arises: See attached.
a. Date: 03/12/08, etc.
b.
Time: Approx. 12: 00 p. ill., C t c ~
Multiple locations beginning
c. Place (Exact and specific location) See attached';
Machado Street, Lake Elsinore, CA, etc.
d. How many and under what circumstances did damage or injury occur? Specify the particular
occurrences, event, act or omission you claim caused the injury or damage (use additional
paper if necessary). See attached.
e. What particular action by th~ City of its employees, caused the alleged damage or injury?
See attached.
l
Agenda Item NO.9
Page 5 of 14
4. Were there any injuries at the time of this accident? If not, state "No Injuries."
Yes. See partial medical records which are attached.
5. Give the name(s) of the public employee(s) causing the injury, damage, or loss, if known
See attached. C. Johnson, etc., Deputy/Officer.
6. Name and address of any person injured:
Jesus Preciado,
7. Name and address of the owner of any damaged property:
, "
Clothing of Jesus Preci~do.
8.
Damages claimed:
a. Amount claimed as of this date:
b. Estimated amount of futur" costs:
c. Total amount claimed:
In excess of the jurisdictional limit
for ~nlimited Superior Court jurisdictioll.
$
$
d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc )
See attached.
9. Names and addresses of all witnesses, hospital, doctors, etc:
a. See attached. Discovery is ongoing.
b.
c.
10. Any additional information that might be helpful in considering this claim:
None at this time.
Warning: It is a criminal offense to file a false claim! (Penal Code 721lnsurance Code 556.1)
I have read"the matters and statements made in the above claim and I know the same to be true of my
own knowledge, except as to those matters state upon information or belief as to such matters, I believe
the same to be true. l.certify under penalty of perjury that the foregoing is true and correct.
~ // -- 09/08/08
Att~yI.J.c'f Claimant's Signature Date
Agenda Item NO.9
Page 6 of 14
CLAIM AGAINST THE CITY OF LAKE ELSINORE. CITY OF LAKE ELSINORE POLICE
DEPARTMENT COUNTY OF RIVERSIDE AND/OR RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
, (For Dama~es to Person or Personal Property)
The undersigned submits the following claim and information relative to damage 10
persons and/or personal property:
1. Name of Claimant: Jesus Preciado
Address of Claimant:
Daytime Telephone Number:
Date of Birth:__
2. Name, address, and telephone number to which Claimant desires notices to be
sent if other than listed above.
Name: Clay R.Sides/Douglas H. Swope
Address:
120 South Main Street
Fallbrook, CA 92028
,
Telephone Number: (760) 723-2275
3, Date of Occurrence or Event from which the Claim arises:
continuing.
March 12. 2008 and
TIme of Occurrence of Event from which the Claim arises: At or about 12 p.m.
and thereafter.
4. Location of Occurrence or Event: The occurrence was continuing in nature and
started at or about Machado Street. Lake Elsinore. The occurrence then
continued to the Inland V?lIey Medical Center. 36485 Inland Valley Drive.
Wildomar. Ca. Thereafter; the occurrence continued to the Southwest Detention
Center. 30755-B Auld road. Murrieta. Ca. and the County of Riverside Medical
Center in Moreno ValleY-prisoner section.
Agenda Item NO.9
Page 7 of 14
5. How and under what circutnstances diclthe damage or injury occur? Specify
the particular occurrence, event, act or, omission you claim caused the injury or
damage:
The Claimant believes thatlthe following individuals and/or entities are
responsible for his injuries and damages: City of Lake Elsinore, City of Lake
Elsinore Police Department! County of Riverside, Riverside County Sheriff's
Department, AMR Ambulance, Southwest Healthcare System/ Inland Valley
Medical Center, and their respective employees and/or agents, as well as
Jessica Garcia. The Claim<;mt who had sustained blunt trauma to his body and
head following a motor vehicle versus pedestrian accident was falsely arrested,
denied his civil rights, assaulted, battered and his emergent medical care was
denied and/or delayed by:the conduct of the aforementioned individuals
and/or entities. In addition, his condition was worsened by such tactics as
handcuffing him to a gurnE!y and partially suffocating him with the use of a cloth
towel which was held against his mouth limiting his oxygen intake. The Claimant
was later unlawfully taken into custody without the prior clearance of the
medical professionals caring for the Claimant following his brain surgery. Officer
C. Johnson and other officers and medical staff worked together to partially
suffocate and/or physically restrain the Claimant without his consent. as noted
,
above, thereby denying and/or depriving him of his civil rights and adversely
affecting his urgent medical care. The officers, ambulance personnel, and
medical staff including nur~es interfered with the Claimant's medical care,
. ,
thereby depriving and delaying him of the timely intervention necessary to treat
I
patients with obvious head trauma. Officers from one of the governmental
agencies listed above tooK physical custody of the Claimant without first
securing prior medical authorization, and thereafter transported him in a squad
car, as opposed to an ambulance, thereby denying the Claimant his civil rights
and interfering with the ne<:;essary medical treatment to treat his severe head
injury.
6. What particular action by the City, or its employees, caused the alleged
I
damage or injury:
The Claimant was falsely arrested, denied prompt medical attention, partially
. suffocated, and was later unlawfully taken into custody without the
aforementioned officers securing the necessary medical clearance. These acts
or omissions violated the Claimant's civil rights and caused him great physical
I
injury, discomfort, pain. suff~ring and other damages and embarrassment. The
aforementioned officers assaulted the Claimant with deadly weapons, battered
the Claimant, and used exci:essive force for the circumstances while acting in the
Agenda Item NO.9
Page 8 of 14
course and scope of their duties as police officers. The aforementioned officers
transported the Claimant in squad car as opposed to an ambulance and
thereby caused addition trauma and suffering of the Claimant. The
aforementioned individuals, and/or entities inadequately, improperly, deficiently,
and negligently hired, trained, supervised and retained the officers involved. The
aforementioned entities further retained said officers and continued their
employment with actual or constructive notice of their failure or inability to
properly perform their duti~s. Causes of action include, but are not limited to,
negligence, assault. battery, violation of civil rights, etc.
7. Give a description of the injury, property damage or loss, so far as is known at
the time of this claim.
The Claimant suffered grievous injuries, including a severe brain injury, associated
, "
with loss of memory, cognitive abilities and brain function. The Claimant suffered
great humiliation and embarrassment as a result of the tortuous conduct of the
aforementioned individuals and/or entities. The Claimant also suffered severe
face, eye, neck, back, shol!Jlder and extremity injuries. The physical injuries
, ,
resulted in significant pain and suffering that is ongoing and continuous. The
I
tortuous conduct of the aforementioned individuals and/or entities resulted in
,
the exacerbation of the nature and extent of the injuries and symptoms which
were initiated by a fall from a moving vehicle. The delay in treatment caused
tortuous conduct of the aforementioned individuals and/or entities caused a
delay the medical treatment to address the increased intracranial pressure
related to the Claimant's head trauma.
8. Give the name(s) of the City employee(s) causing the damage or injury:
C. Johnson and other officers in City of Lake Elsinore Police Department. and/or
Riverside County Sheriff's Department.
I
,
9. Name and address of any other person(s) injured: None known at this time.
,
10. Name and address of the owner of any'damage property: Unknown.
11. Damages claimed: Amounts claimed still pending. However, damages will well
exceed the jurisdictional limit for unlimited superior court jurisdiction.
Agenda Item NO.9
Page 9 of 14
12. Names and addresses of aU witnesses, healthcare providers, hospital. physicians,
etc.:
Julie Honaker-Zimmerer, 31610 Railroad Canyon Road, Suite 4, Canyon Lake, CA
92587; Robin Suitt. (909) 263-0506; C. Johnson of the City of Lake Elsinore Police
I
Department; Jesica Garcia,. address unknown; AMR Ambulance personnel,
including T. Newman, J. Boyd, and B. santa; Reza Vaezazizi, MD., address
unknown; unknown nurses :and other hospital personnel and physicians at Inland
Valley Medical Center inclJding but not limited to Bolaji Nafiu, MD., address
unknown; Walter Lorenz, address unknown; Mark Spicer, MD.. address unknown;
,
Paul Ross, R.N.. address unknown; Gary Hum. MD.. address unknown; Cecilia
Hernandez, address unknoWn; Courtney Cole, ORT, address unknown; Brent
Jacobsen. MD.. address unknown; Deputy C. Johnson; unknown security guards
,
at the Inland Valley Medical Center. (See attached medical records.)
,
13. Any additional Information that might be helpful In considering this claim:
,
None at this time.
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM.
,
(Penal Code section 72; Insurance Code section 556.1.)
Signed this 8th day of September 2bo8, at 8:50 .m., at Fallbrook, California.
i
Signature of Claimant's att~rney:
Clay R. Sides, Attorney at Law, on behalf of Claimant Jesus Preciado
Agenda Item NO.9
Page 10 of 14
C8
October I, 2008
RECEIVED
OCT 0 6 2008
TO: The City of Lake Elsinore
CITY CLERKS OFFICE
,
ATTENTION: Jessica Guzman, Office Specialist
I
RE: Claim
Claimant
D/Event
Rec'd Y/Office
,
Our File
MSA Enterprises vs. City of Lake Elsinore
MSA Enterprises Inc.
11-21-07
8-29-08
1482528 RWQ
,
We have reviewed the above captioned claim and request that you take the action indicated
,
below:
. CLAIM REJECTION: Sendl a standard rejection letter to the claimant.
Please provide us with a copy :of the notice sent, as requested above. If you have any
questions please contact the undersigned.
...---
COMPANY
cc: CJPIA
Attn: Executive Director
CARL WARREN & CO.
,
CLAIMS MANAGEMENT.CLAIMS ADJUSTERS
770 S. Placentia Ave., Placentia, eft. 92870
Mail: P.O. Box25180. Santa Ana, Ca 92799-5180
Phone: (714) 572-5200 . (800) 572+s900. Fax: (714) 961-8131
i
Agenda Item No.9
Page 11 of 14
CITY OF A
LAKE 6LSiNOR&
\ I
~ DREAM EXTREME
August 25, 2008
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92~99-5180
Dear Mr. Kunz:
Enclosed for your handling is. a claim I personally received
on August 20. 200~ from MSA Enterprises Inc. (CL #2008-
24). City Attorney ie-mailed the claim June 13, 2008 to City
Clerk Vivian Munspn, no action was taken. Please keep me
advised of approp~iate City Council Action.
!
For further assistarce. please contact me at (951) 674-3124
ext. 269.
. ~_._----:/
\ I ~
I ,___--
JESS CA GUZMA~;.OFF'ICE. SPECIALIST
CITY OF LAKE EL!SINORE
Enclosure
951.674.3124
130 $. MAIN STREET
LAKE ELS1NORE. CA 92530
WWW.LAKE-ElSINORE,QRG
Arend~ I~m No.9
/Z) -e-~ ~ TO 1~ W'rCJ.'f'OJ 6 .;::p.alg,e~f14
Claim Against Public Entity
IGov:. Code ~~ 90S, 90S.2, 910, 910.21
I
TO: City of Lake Elsinore
1,0 S. Main Street
. ,
Lake Elsinore. California 92530
. ,
Claimant MSA Enterprjse~ lnc., a Calil,)mia Corporation ("MSA"), hereby makes clailll
ab"ainst the City of'Lake Els;nore ('City").
. I
I. Claimant's address lis 31781 Casino Drive, Lake Elsinorc, Cali ;,nnia 92630
,
2.
,
Notices eoncerning,the claim should be sent to 82.297 Indio Houlevarel, Inelin. CA
,
92201.
3. The date and place 9fthe transaction giving rise to this clailll are October 19.2007.
regarding Parcel Nos. 363-172-004 'and 363-172-020, Best Westem Hotel. 3 I 78 I Casino Drive. I.eke
Elsinore, California 92630.
4. The circumstances giving rise to thi, claim are as follows: On November 21, 2007
written correspondence by City Attorney to Mr. Patel by Barbara Zeid Leibold that the Cit)' counci I
will not proceed with the City ReiJnbursement Amount to be paid by the Cit)' to MSA in annual
installments withinn;nety (90) days' after the end of each Operating Yeilr correspond ing to the lnitiel
Term and/or each Optional Exten~ion until the tirst to occur of (i) tbe payment of One Millloll
Dollars ($1 ,000,000.(0) to MSA, (i i\the elld ofthe titteellth (15) year iltter the COl1lmellCel1lClltlJmc
of Operation; or (iii) termination of this Agreement resulting li'om MSA 's electionllot to exercISe
Optional Extensions or J'vlSA's Dethult hereunder. provided MSA is oth<::rwise in cOll1plial1t:c \.vilh
the terms hereot~ payments shall be: made to the MSA in the following amounts:
(a) An amount equal tq 60% of the Transient Occupancy Tax Revenues up to aile
Hundred Thousand Dollars ($1 OO,~OO.OO) generated during the Operating Year; pillS
(b) An amount equal t040% ofthe Transient Occupancy Tax Revenues in excess of One
. ,
Hundred Thousand Dollars ($100,0,00.00) generated during the Operating Year.
I
(Notwithstanding the foregoing, the City shall not be required to make an annual installment
payment of the Cit)' Reimbursement Amount to the extent that such payment would (I) result in the
cumulative of all of the City payr\,ents under this Agreement to cxceed One Million Dollars
($1.000,000.00) or (ii) extend beyond the lifteenth (15''') anniversary of the COlllmencement Date
ofOperatiolls). !
5. The names of the pellsons/entitics causing the claimant's injuries arc Robert Ilradr.
City Manager; Barbra Zeid Leibold, City Attorney: and the City Counsel ofihe City ofl.ake Elsino;-c
(City of Lake Elsinore).
RECEIVED
AUG 2 0 Z008
CITY CLERKS Of:FICE ,
Irec-t:.ivecI \'V\~ltem No.9
Page 13 of 14
6. MSA's claim as o(the date of this claim is in an amount that would place it within
theiurisdiction afthe Superior Court.
!
DA TED: March 24. 2008
~ j? Pat;/(
AMBOO PATEL. Plesident and SecletalY 01.
MSA [~l1terprises_ Il1c.. n CaJithrnia C.'orpornl!cJl1
Agenda Item NO.9
Page 14 of 14
CITY OF v~ :
LAI{J: 6LSiNO~
\ I I
'?'.a DREAM EXTRE(YH~
,
,
REPORT TO CITY COUNCIL
TO:
i
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
I
FROM:
ROBERT A. BRADY i
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: SECOND AMENDMENT TO JANITORIAL SERVICES CONTRACT
BackQround
At the May 13, 2007, City Council I meeting. the Council approved a two year contract
with two one year extensions with A & A Janitorial for janitorial cleaning services of City
buildings in the amount of $59,280. I
On September 23, 2008, the City Council adopted the 2008/2009 budget adjustments.
Prior to the adoption of this new budget, the Parks and Recreation Department met with
A & A Janitorial owner Gordon Am~rson to discuss possible contractual changes to the
existing janitorial agreement. Mr. Amerson was very supportive and open to working
with the City in agreeing to modify the agreement while keeping the contractual
payment at the current amount.
Discussion
With the approval of this contract, A & A Janitorial scope of services will substantially
change. Under the new scope of w<;>rk, A & A Janitorial will provide janitorial services to
all City park restrooms three days Iper week and to City facilities two days per week.
See exhibit A for actual days of service. The City's Park crew will be responsible for
providing janitorial services to the 'park rest rooms the remaining four days per week.
City employees assigned to work at various City facilities have agreed to clean their
office space as needed. :
The approval of this contract for jcinitorial services will implement the above janitorial
plan saving the City $56,000 annually. This new contract will be implemented November
10,2008. '
Fiscal Impact
General Fund Budget savings in the amount $56,000 annually.
Agenda Item NO.1 0
Page 1 016
Recommendation
Authorize the City Manager to sign the Second Amendment to Services Contract for
janitorial services for City parks andifacilities with A & A Janitorial.
Approved by: Ray Gonzales ~
Director of Parks and Recreation
Approved by: Robert A. Brady"',wj"
City Manager i ~~
Agenda Item No. 10
Page 2 of 6
,
SECOND AMENDMENT TO SERVICES CONTRACT
I
. (Park a1nd Facility Maintenance)
I "
I
THE CITY OF LAKE ELSINORE, hereinafter referred to as CITY, AND A & A
JANITORIAL, hereinafter referred t6 as CONTRACTOR, hereby agree to amend certain
,
provisions of the Services Contract dated as of May 13, 2008 as follows:
,
1. Scope of Services andlCompensation: The Parties hereby amend and restate
I
the Scope of Services and the Comp~nsation Schedule as set forth in the attached Exhibit A.
IN WITNESS WHEREOF the parties have caused this Second Amendment to the
Agreement to be executed on
,2008
CITY OF LAKE ELSINORE:
CONTRACTOR:
4 ~ 7Szr:::IU~
61iIY1. ~
SVc..
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Agenda Item No. 10
Page 3 of 6
Ii
I~__-
EXHIBIT "A"
SCOPE OF SERVICES
The following specifications describe the work that will be required by the contractor for
all city facilities and parks. Compehsation for the below work will not exceed
$59,280 annually as set forth he~ein.
I
SPECIFICATIONS FOR LAKE ELSINORE FACILITIES AND PARKS
All Park Restrooms will be Cleaned Friday. Saturday and Sunday.
I
Park Restroom shall maintain an acceptable level that ensures usability by the public by
performing the following daily operations:
I
Floor shall be swept.
Clean Dispensers.
Clean Wash basins.
Clean interior walls and ceiling as needed.
Disinfect toilets and urinals.
Wet-mop floors.
Empty trash containers and remove debris.
Scrub floors as needed. .
Chemically clean toilets and urinals daily to remove stains and deposits.
,
Lock all restroom doors after 10:00 p.m.
Lock all park entrance gates prior t\J leaving each park.
All Facility Locations Dailv SerYice between 100m and 7am:
Vacuum all carpeted areas and floqr mats as needed.
Sweep and damp mop all hard surface floors
Clean and sanitize all bathrooms and shower areas.
I "
Restock all paper products, soap and deodorant
Empty and replace liners in all trash containers
Clean door glass '
Dust window blinds
Dust and wipe office desks and counters
Clean and polish drinking fountains:
Empty all trash cans
Empty blue recycle bins in the proper recycling container
Check and lock all doors and winddws upon completion of work
,
Set building alarm.
Monthly Service:
Machine scrub and reapply floor finish to all hard service floors (upon request - floor
care will be invoiced separately).
Clean all windows inside only
Clean ceiling vents.
Dust cobwebs
Additive Schedule:
Carpet cleaning (semi-annual) or a~ needed (invoiced separately)
Strip tile floors & refinish (semi-annl!Jal) (invoiced separately)
I
Agenda Item No. 10
Page 4 of 6
Special Reauest Services:
Special requesVSpecial events/em'ergency request billed at $50.00per hr.
Citv Hall:
The stairway located outside the back door of the City Manager's office is to be swept
nightly.
The computer room is not to be included for cleaning.
i
Senior Center:
Clean the pantry storage area on a' daily basis.
Refrigerators outside surfaces, sinKs, and counter tops located in the kitchen are to be
cleaned daily. i
Communitv Center:
The gym floor is to be wet moppedldaily and spot cleaned with a light degreaser as
needed. .
Clean stairway and upstairs offices'.
Facilitv Supplies: .
,
Janitorial Supplies - will be purchased, stored and ordered by the City. Facility
Maintenance staff will coordinate Sl'Jpply orders with A&A Janitorial or City will
reimburse A&A Janitorial for suppli~s approved by the City.
* A & A Janitorial is responsible forlfurnishing all Park janitorial supplies and will not be
reimbursed. '
Janitorial Services Schedule
City Hall
Tuesday and Thursday
Lake Center
Tuesday and Wednesday
Sr. Center
Monday',through Friday
City Yard
Tuesday; and Thursday
Cultural Center.
Tuesda~ and Thursday
Tuesday and Thursday
Tiny Tot
Lake Trailer
Tuesda~ and Thursday
Chamber of Commerce - Tuesday, and Thursday
,
Parks Friday, Saturday and Sunday *
,
Agenda Item No. 10
Page 5 of 6
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Agenda Item No. 10
Page 6 of 6
CITY OF v~
LAKE ,6,LSiNOIU:
V DREAM EX'TREME~
REPORT TO CITY COUNCIL
TO:
FROM:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: SECOND AMENDMENT TO PARKS LANDSCAPE MAINTENANCE
CONTRACT
Backaround
At the February 12, 2008, City Council meeting the Council approved a three year
contract with CTAI Pacific Greenscape for park landscape maintenance of all City parks
in the amount of $221,820.00 annually.
On September 23, 2008, the City Council adopted the 2008/2009 budget adjustments.
Prior to the adoption of this new budget, the Parks and Recreation Department met with
CTAI Greenscape owner Charles Andrews to discuss possible contractual changes to
the current landscape agreement. Although Mr. Andrews was not overly excited about
the agreement changes, he was very supportive and open to helping the City during
challenging fiscal times.
With the approval of the contract, the City will save $45,528 annually by assuming full
responsibility of landscape maintenance of three City parks: City Park, Oak Tree Park,
and Lincoln Park. I am happy to report the Park's Division is highly motivated and
excited to begin maintaining these parks.
Discussion
Staff's recommendation is for City Council to approve the attached Second Amendment
Park Landscape Maintenance Contract with CTAI Greenscape in amount of
$176,292.00. Once the agreement is approved, the Parks and Recreation staff will
assume maintenance responsibilities for the above referenced parks effective
November 1, 2008.
Fiscal Impact
General Fund Budget savings in the amount $45,528.00.
Agenda Item No. 11
Page 1 of 31
Second Amendment to the Parks Landscape Maintenance Contract
October 14, 2008
Page 2
Recommendation
Authorize the City Manager to sign the Second Amendment Parks Landscape Contact
with CTAI Pacific Greenscape to provide park landscape maintenance services to the
City of Lake Elsinore. Lt
Approved by: Ray Gonzales ~
Director of Parks an Recreation
Approved by: Robert A. Bradyl1~
City Manager jL.lt\V
Attachments: First Amendment to Landscape Maintenance Contract.
Agenda Item No. 11
Page 2 of 31
SECOND AMENDMENT TO SERVICES CONTRACT
(Park Landscape Maintenance)
THE CITY OF LAKE ELSINORE, hereinafter referred to as CITY, AND CTAI PACIFIC
GREENSCAPE, hereinafter referred to as CONTRACTOR, hereby agree to amend certain
provisions of the Services Contract dated as of February 12, 2008 and the First Amendment
thereto as follows:
1. Specifications: The Parties hereby amend and restate the Specification for City of
Lake Elsinore Park Maintenance Contract Work as set forth in attached Exhibit A, "Second
Amended and Restated Specifications for City of Lake Elsinore Park Maintenance Contract Work"
and which highlights the additions and deletions to such specifications pursuant to the First
Amendment to the Services Contract and this Second Amendment to the Services Contract.
2. Compensation: The Parties hereby amend and restate the Bid Schedule, Base Bid,
Part 1 as set forth in the attached Exhibit B, changing the Total Bid, Part 1 to $176,292.
IN WITNESS WHEREOF the parties have caused this Second Amendment to the
Agreement to be executed on
,2008
CITY OF LAKE ELSINORE:
Q~Nj:Rk~
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
)
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Agenda Item No. 11 j
Page 3 of 31
EXHIBIT A
Second Amended and Restated Specification for
City of Lake Elsinore
Park Maintenance Contract Work
Agenda Item No. 11
Page 4 of 31
5.01 GENERAL LANDSCAPE MAINTENANCE SPECIFICATIONS
This specification establishes the standards for the maintenance of the landscaped areas for
the City of Lake Elsinore.
The Contractor's primary responsibility will be to maintain the landscape areas at the highest
(municipal) industry standards by integrating innovative and progressive techniques and to
follow the objectives as set forth in these specifications.
The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills
required to perform the landscape maintenance as set forth in this specification and in keeping
with the highest standards of quality and performance.
Maintenance of the landscape shall include but not be limited to inspections, mowing, trimming,
pruning, fertilization, aeration, weed control, cultivation, pest control, tree surgery, de-thatching,
plant replacements, renovation, and clean-up of drainage facilities. It is the intent to schedule
maintenance to keep this site in a state of healthy vigorous growth.
Irrigation maintenance shall include inspections, operation of the systems, adjustments. repairs
(not including vandalism), modifications, improvements, testing, analysis, and other work as
needed.
The Contractor will submit a Maintenance Schedule which includes, but is not limited to: minor
tree pruning, aeration, thatching, insecticides/herbicide application, and application of all
fertilization of trees, shrubs, ground cover and turf bi annually.
5.02 TREES
A. General Tree Maintenance
The Contractor shall be responsible for the general tree maintenance in the specific
landscape areas including; trimming and pruning, adequate watering, fertilizing,
staking, removal of fallen leaves and branches, removing suckers, raising suckers,
raising skirts and protection against pests.
B. Pruninq
1. All trees are included in required trimming operations. The Contractor shall not be
responsible for any trimming operations above (18') eighteen feet.
2. Tree pruning shall be performed based on the following categories with the intent of
developing structurally sound trees symmetrical in appearance with the proper vertical
and horizontal clearance.' All pruning and trimming operations shall be in
accordance with ISA Standards.
3. All trees shall be trimmed, shaped and thinned at least once per year.
4. All dead and damaged branches and limbs shall be removed at the point of breaking at
the time breakage occurs.
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Agenda Item No. 11
Page 5 of 31
5. All trees shall be trimmed and shaped to provide a symmetrical appearance typical of
the species.
6. All suckers and sprouts shall be cut flush with the trunk or limbs.
7. All structural weaknesses such as split crotch or limbs, or severe damage shall be
reported to the City's Park Staff.
8. Special emphasis shall be placed upon public safety during pruning operations,
particularly when adjacent to roadways.
9. All trimmings and debris shall be removed and disposed of off site at the end of each
work day.
10. Prune trees along sidewalks to allow (8) foot clearance for pedestrians and twelve (12)
feet above curb and gutters for vehicular traffic.
11. Signs/lights shall be kept clear at all times.
12. Contractor shall be responsible for applying all insecticides/fungicides to prevent or
control diseases.
13. Ailing or stunted trees, which fail to meet expected growth, will receive additional
treatments to correct deficiencies.
14. Under no circumstances will stripping of lower branches be permitted. Lower branches
shall be retained in a "tipped back" or pinched condition.
15. Topping of trees will not be permitted. All tree trimming operations above eighteen
(18) feet shall be the responsibility of the City or accomplished through extra
work. This will also include stump grinding.
C. Stakina and TvinQ
1. Trees that shall be staked fall into these categories (at contractor's expense):
a. Replacement of missing or damaged stakes where the tree diameter is less than
three inches.
b. In those cases where tree has been damaged and requires staking for support.
c. For new trees or recently planted trees that have not previously been staked
d. Contractor shall use "VIT" twist brace ties and/or cinch ties (4 cinch ties per tree)
e. Contractor shall use scaffold staking where applicable.
2. New and replacement ties and stakes shall be the responsibility of the Contractor at no
additional cost to the City.
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Agenda Item No. 11
Page 6 of 31
D. Tree Removal
All dead trees or trees which are downed by either natural or unnatural causes, shall be
removed and disposed of off-site by the Contractor. All stumps shall be ground to 12" below
grade with wood chips raked level to fill hole.
5.03 Shrub Maintenance
A. Pruninq
1. Shrubs shall be pruned as required for safety, removal of broken and diseased
branches, general containment, and appearance.
2. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly
contain their size with respect to species, size of planters and the best health of the
plant and/or as described in the frequency schedule. Coordinate with City Park Staff,
3. Prune shrubs to retain as much of the natural informal appearances as possible,
consistent with intended use. Coordinate with City Park Staff.
4. Shrubs used as formal hedges or screens shall be pruned as required to present a
neat appearance.
5. Remove any spent blossoms or dead flower stalks as required to present a neat
appearance.
6. Shrubs and mounding shall not exceed 2 feet in height within areas required for vehicle
sight distance depending upon roadway topography.
B. Shrubbery Replacement
The Contractor shall be responsible for the complete removal and replacement of
shrubbery lost due to the contractor's faulty maintenance or negligence, as determined
by the City's Park Staff.
C. Pruninq Schedule
Shrubs shall be pruned and trimmed as needed or as requested by the Park Staff, Shrubs
shall be pruned and trimmed using sound horticultural techniques. Shrubs shall be
maintained within the limits of confined areas (i.e., narrow medians, walkways, etc.) so as not
to encroaCh on same.
In addition, all shrubs shall be trimmed to maintain horizontal clearance along all walkways
and trails to prevent encroachment onto private property and to remove dead, damaged or
diseased plant material.
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Agenda Item No. 11
Page 7 of 31
D. Fertilization
Contractor shall use a balanced fertilizer in shrub areas as requested in the frequency
schedule or as directed by Parks & Recreation department maintenance staff.
E. Cultivation and Mulchinq
Contractor shall cultivate around shrub and tree areas and tree wells sufficiently and often
enough to control weed growth and maintain existing irrigation and drainage ditches. Mulch
is also required to be applied in all open dirt areas and/or around trees as required by the
landscape inspector (mulch will be supplied or paid for by the City).
F. Irriqation (Deep Soakinq)
Deep Soaking shall be defined as the application of sufficient quantities of water to maintain
reasonable health vigor of plants. Basin modifications may be required. Quantities of water
shall be sufficient to allow for deep water penetration and encouragement of deep rooting of
the plants. .
5.04 VINES
A. General
1. Vines and espalier piants shall be checked and retied as required. Secure vines
with appropriate ties to promote directional growth on supports.
2. Do not use nails to secure vines on masonry walls.
3. Deep water vines in pockets not provided with sprinklers as required, promoting
optimum growth.
4. Pruning of vines will be in accordance with good horticulture practices.
5. Vines shall be trimmed as required for safety, disease, general containment or
appearance (or as directed by the City Park Staff).
5.05 GROUND COVER
A. General
1. Trim ground cover adjacent to walks, walls and/or fences as required for general
containment to present a neat, clean appearance.
2. Cultivate and/or spray approved herbicide to remove broad-leafed and grass
weeds as required. Weeds shall be controlled and not allowed to reach two inch
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Agenda Item No. 11
Page 8 of 31
(2") height. Remove weeds by chemical or mechanical means as approved by
City Park Staff.
3. Prevent soil compaction by cultivating regularly all ground cover areas.
4. Any paper or litter that accumulates in ground cover areas shall be picked up on
a daily basis (minimal). Every effort shall be made to remove litter from all areas
as early in the morning as possible, as and no later than 10:00a.m.
5. Keep ground cover trimmed back from all controller units, valve boxes, quick
couplers, or other appurtenances or fixtures. Do not allow ground cover to grow
up the trunk of trees, into shrubs, on structures or walls unless directed by the
Park Staff. Keep trimmed back approximately 4 inches from structure or walls.
Coordinate trimming around base of shrubs/trees with City Park Staff.
6. Bare soil area shall be cultivated a minimum of once per month and/or mulched
as directed by the Park Staff (mulch will be supplied or paid for by the City).
5.06 WEED MAINTENANCE
Weeds must be removed upon appearance. Selective post emergence Herbicides shall be
used to kill weeds without permanent injury to other plants. Do not proceed with a treatment
except as recommended by a Pest Control Advisor in writing with a copy forwarded to the City
Park Staff prior to treatment.
a. All creeping grasses shall be kept out of shrubs and
groundcovers.
b. Broadleaf weeds in turf shall be removed selectively, without injury to
the lawn grass other than slight, temporary discoloration.
c. Grass weeds in lawns shall be controlled with selective post-
emergence herbicides. See Seasonal Work for pre-emergence
herbicide controls of weedy grass seeds.
Weeds not killed with herbicides shall be removed manually. Turf and other desirable plants
killed by weeds, chemicals, etc., shall be replaced at the Contractor's expense. All
replacements mustbe made within 7 days after receiving notice from the City.
5.07 DRAINAGE FACILITIES
The Contractor shall be responsible for continual inspection of surface drains, V-ditches,
located within the landscaped areas. Surface drains shall be checked and maintained free of
obstruction and debris at all times to assure proper drainage. Remove any debris or vegetation
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Agenda Item No. 11
Page 9 of 31
that might accumulate at the inlet to prevent proper flow of water.
5.08 FERTILIZATION
A. Schedulinq: The application of all fertilizers shall be recorded and specifically
identified on the Landscape Maintenance Schedule chart indicating the fertilizer
used and frequency applied to (I.e., turf, trees, shrubs, ground cover, etc.).
B. General: Fertilizers shall be organic, dry, palletized formulation. Applications shall
be in accordance with manufacturer specifications upon approval by City Park Staff
C. Method of Application: In making application of fertilizer granules, precautions
shall be taken to contain these materials in the planting areas. Caution should be
used when using a cyclone spreader that tends to throw materials onto paved
areas. The use of gravity flow spreaders will keep materials contained in planting
areas, eliminating sidewalk stains. The Contractor will be responsible for
removing all fertilizer stains from concrete cause by his or her application.
Fertilizer shall be applied at manufacturer's recommended rate.
D. Timinq of Application: When climatic factors cause problems with the general use
of fertilizers, an adjustment of the fertilizers schedule may be necessary. After
fertilizer application, monitor watering schedule to eliminate runoff or leaching of
fertilizer materials.
E. Trees and Shrubs: Agriform 21 gram plant tablets shall be applied to trees and
shrubs that require supplemental feeding. Annual fall feeding shall be done in
accordance with the rate indicated by the manufacture. Place tablets 4 to 6
inches deep at drip zone areas by using a soil probe to make a hole for inserting
tablets, water in well. If the above fertilization does not correct iron chlorosis,
contractor shall be required to treat trees and/or shrubs with deep root feedino
and/or foliar application Lintil the problem is solved.
F. Contractor shall fertilize turf, trees, shrubs, ground cover and other various plant
materials at all City's parks and facilities in this contract.
G. Contractor will be responsible to provide all fertilizer material as part of the base
bid not to exceed $19,284.00. The City will be responsible for any cost over this
amount. However, contractor must have pre-authorization by the City in writing to
exceed the amount stipulated.
H. Contractor shall purchase and apply fertilizer of the City's choosing, three (3)
times annually. One (1) application in the Spring (March-April), one (1)
application in Summer (June-July) and one (1) application in Fall (October-
November) or otherwise specified by the City. Applications wili be made
throughout all City's parks & facilities included in this contract. The contractor
must show proof of purchasing by invoice or City approved means. The City
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Agenda Item No. 11
Page 10 of 31
does reserve the right to purchase the fertilizer of it choosing, and to receive
reimbursement from the contractor.
I. Contractor must provide at least 300 (three hundred), 50 (fifty) pound bags of
fertilizer or provide the amount of bags needed in applying the proper
application rate of the City specified fertilizer to turf, trees, shrubs, ground cover
and other various plant material within each area specified in the parks and
facilities. Use method that yields a greater quantity of fertilizer.
5.09 PLANT ADDITIONS AND/OR REPLACEMENTS
As part of this agreement, the Contractor may be requested to replace damaged or destroyed
trees, shrubs, vines, ground cover, or flowers. Such work will be paid for as extra work by the
City unless otherwise specified within these specifications. Exceptions will be replacements
due to Contractor's neglect. This will be determined by the City's Park Staff.
5.10 CLEAN UP
a. At no time will it be allowed to blow qrass cuttinqs/debris into public streets or
qutters without beinq swept or vacuumed cleaned.
b. Contractor shall remove all debris resulting from the maintenance operations and
dispose of it off-site at the time of occurrence. All grass clippings shall be picked
up after each mowing or trimming operation. Use of mulching mowers must be
approved by the City. If the use of mulching mower is approved, all visible
clippings must be removed in accordance with this specification.
c. All debris resulting from any of the Contractor's operations shall be removed and
disposed of end of the work day. (Failure to remove and dispose of debris shall
result in $100.00 forfeiture from payment). All debris must be separated into green
waste, recyclables, and other waste to minimize contamination and be disposed of
in the appropriate locations (Failure to separate and dispose of debris
appropriately shall result in $100.00 forfeiture from payment).
d. All walkways will be kept clean/clear or debris and plant growth. Care shall be taken
not to create unnecessary hazards to foot or wheelchair traffic during maintenance
operations.
e. All shrub areas not interplanted with ground cover will be raked clean a minimum of
once a week or as directed by City Park Staff.
f. The Contractor shall provide a general clean-up operation throughout the
contracted area on a daily basis seven (7) days per week including holidays for the
purpose of picking up papers, trash, broken tree branches, or other debris which
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Agenda Item No. 11
Page 11 of 31
may accumulate in the landscape areas, caused by winds or normal conditions.
(Failure to remove and dispose of debris shall result in $100.00 forfeiture from
payment).
g. Between Memorial Day nnd Labor Day, The Conlactor shall romove nil litter from
turf, planters, sandlots, walkways, pnrl<ing lots, boaches and lrashcans twiCD per
day, once in the morning before 9:00 !\M 3nd 3g3in in the afternoon before 3:00
PM, on all weekend days and holidays from the following locations.
. Seaport Boat Launch
. Elm Grove Beach
. 'JVhiskers Fishing Bench
. Davis SI. Fishing Beach
5.11 IRRIGATION
A. General
The oontrolling factor in the performance of water management within the City
landscape maintenance areas is the application of water to landscape plants at a
rate that closely matches the actual demands of plant material with little or no
runoff. Roadway safety and maintenance is the first and foremost reason why water
must be strictly oontrolled within the City Landscape areas. Other important water
management considerations include: safe and dry turf areas for community use,
water costs, and plant health and water conservation.
B. Efficient Use of Water
1. The water schedule will be established and programmed by the Contractor's
landscape maintenance' supervisor. Sprinklers timing will be based on the amount
the planting areas are capable of receiving to restore which is lost through
evapotranspiration without excessive runoff. The irrigation system schedule shall be
monitored and adjusted accordingly to maintain an efficient use of water being
applied.
Where the central oomputer irrigation oontrol system is in place and functional, it
shall be the responsibility of the Contractor to establish and program oontrollers that
are "on_line" or "off_line", for the term of the oontrac!. Initial programming of
oontrollers brought "on line" will be performed by City personnel with contractor's
assistance to establish mowing dates and any other special events or requirements.
All field satellite oontrollers shall be adjusted by the Contractor in the field to
acoommodate field conditions as observed. The Contractor shall provide field
9
Agenda Item No. 11
Page 12 of 31
\
observation reports to the City. In general, the Contractor shall notify the City in
writing of the condition of the landscape area by controller and valve number as
assigned by the City. 'During extreme weather conditions more frequent
observations and adjustments may be required. These should be included in the
proposal and shall not be additional cost to the City. Any other information required
such as field inventory of sprinkler heads, nozzles and pressure shall be part of the
irrigation inspection when requested.
2. Contractor will submit to the City Park Staff a hard copy and/or a digital copy of the
irrigation schedule for each controller.
3. Contractor will be expected to use minimal amount of water in all areas, but
maintain healthy plant growth.
4. Where moisture-sensing devices are used, a continual monitoring will be made to
assure units are functioning properly. If a malfunction is noted, the City Park Staff
will be notified.
C. Maintenance
5. Any repairs made by the Contractor will be in accordance with the original
details.
6. Repairs to the system caused by conditions under which the Contractor does
not have direct control shall be performed by the Contractor if directed by the
City. Repairs under this category shall be "extra work" in accordance with
Contract Section IV Compensation Item 2 and are as follows:
a. Theft (missing heads)
b. Storm Damage or other acts of God
c. . Damage by Others
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7. Contractor shall make minor repairs at their expense under this agreement.
Minor repairs shall be defined as repair or replacement, such as broken risers,
swing joints, and nozzles, which can be repaired easily without the need of a
specialist. The Contractor shall be responsible for cleaning and adjusting
heads and generally keeping the system operational.
8. Contractor shall be responsible for adjusting height of sprinklers risers as
necessary to compensate for growth of plant material.
9. Work performed by the Contractor and paid for, as extra work will be
guaranteed for a period of one year.
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10.a. Until the ground cover plantings are established, care shall be exercised to
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Agenda Item No. 11
Page 13 of 31
minimize silting of walks from soil erosion by the use of proper irrigation
programming. The Cont~actor shall use repeat cycles to minimize runoff when
possible.
b. Areas referred to as "slope" will require special attention due to severe
grades and watering difficulties.Automatic controllers will be kept locked at all
times. The City Parks Staff will have master keys to all controllers. (The City shall
provide locks for irrigation enclosure. However, it is the contractor's responsibility to
replace locks as needed).
11. All controller enclosures must be painted as needed to keep from rusting and
in good appearance. A minimum painting shall occur once per year and shall
be outlined on annual activity schedule as outline in maintenance schedule.
Color will be determined by City Park Staff.
12. In determining rates of application, soil type, topography, and weather
condition will be taken into consideration. The project is equipped with an
automatic system that provides for repeat cycles, applying water over shorter
periods of time that will allow for proper infiltration and thereby minimizing
ru noff.
13. The irrigation system will be physically observed a minimum of once per week
and as needed, to keep the system operating at an optimum level of
efficiency. A record of this observation must be maintained and submitted to
the city as requested. Failure to provide an observation report, as requested
by the first working day of the following week shall result in a $100.00 per
occurrence forfeiture from payment.
14. Particular attention shall be paid to all slope areas that by physical nature
provide for greatest potential runoff.
15. Contractor shall turn off all controllers when it is unnecessary to irrigate due to
adequate rainfall. System shall not be off more than two (2) weeks without
allowing operating a minimal time. Failure to turn off the irrigation controllers
shall result in a $100.00 per occurrence forfeiture from payment.
16. Contractor will adjust or clean as necessary all sprinklers heads, quick
couplers, or valves to continue operation at maximum efficiency and
performance.
17. Sprinkler heads shall be kept clear of overgrowth, which may obstruct
maximum operations. Chemical edging around turf heads will not be
permitted.
18. Contractor will avoid manual activation of automatic valves.
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Agenda Item No. 11
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19. Contractor shall keep sprinkler heads adjusted at all times at manufacturer's
recommended operating pressures. This shall be accomplished by valve
throttling and pressure gauging. At all times, the valves should be adjusted as
to prevent sprinkler heads from fogging, allowing larger droplets for effective
watering. At anytime, City Park Staff may request a coverage test to evaluate
proper settings, timing, usage, or maintenance of system.
20. Contractor will be responsible for hand watering any areas not provided with
an irrigation system or areas under construction or as directed by a City
representative at no additional cost. Contractor shall be responsible to hand
water any areas where equipment is temporary out of service, for whatever
reason.
21. In those areas where a drip/water saver system is used, the Contractor will be
required to hose off or wash dust/soot off plant materials bi-weekly or more
often if required to prevent plant damage.
D. Materials
1. All replacement materials are to be with original types and model
materials, unless City representative approves a substitute in writing.
2. Contractor shall maintain an adequate inventory of medium to high
usage stock items for repair of the irrigation system.
3. Contractor shall implement repairs in accordance with all effective
warranties, and no separate payment shall be made for repairs on
equipment covered by warranty. Calculation of Cost for extra work see
Contract Section IV Extra Work Unit Cost form (page 13 and 14).
4. Calculation of Cost of Material for extra work shall be the wholesale cost
of the material including but not exceeding a 15% markup for overhead
costs and profit.
5. All materials are to be new and identical to existing materials, unless
directed otherwise by the City representative.
6. The City reserves the right to purchase materials directly and make
available to the Contractor.
E. Invoicinq
For invoicing extra work, all invoices shall be submitted to the City's finance
department on a monthly basis. Each invoice shall itemize the work performed.
F. Water Manaqement
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Agenda Item No. 11
Page 15 of 31
.-,-.. -!d
1. All systems shall be adjusted weekly and as needed to maintain healthy plant
material and water conservation.
2. All program changes shall be recorded on the irrigation schedule.
3. Controller program is to be sufficient to maintain a healthy landscape without
excessive water use.
4. Controller programs shall incorporate the following conditions:
a. Meet City water management requirements per City Code.
b. Avoid weekend water when possible.
c. Maximize repeat operations (where and when possible).
d. Minimize station run times.
e. Reflect actual evapotranspiration (E.T.) requirements.
f. Reflect actual requirements of soil and plants.
g. Eliminate runoff onto streets, sidewalks, and other
Non-target areas.
h. Provide sufficient time for soil to dry out between
irrigations.
i. Maximum community use of City property.
G. Personnel
The Contractor shall provide personnel fully trained in all phases of landscape
irrigation systems operation, maintenance, adjustments, and repairs; in all types
of components to include irrigation controllers, valves, moisture sensing devices,
and sprinkler heads; and with all brands and models of irrigation equipment used
within the City.
The Contractor shall provide personnel knowledgeable of, and proficient in,
current water management. concepts, with the capability of working with City
staff in implementing more advanced water management strategies.
The Contractor shall provide personnel capable of verbal and written
communication in a professional level as appropriate to communicate with City
personnel.
5.12 WEED CONTROL OF PAVED SURFACES AND EMPTY LOTS
13
Agenda Item No. 11
Page 16 of 31
A. Contractor shall be responsible for controlling weeds by mechanical or chemical
means, weeds growing in cracks, or expansion joints, and areas contiguous to
the City landscape. This includes curb and gutter areas and sidewalks.
B. Landscape areas adjacent to empty lots shall have a 4-5 foot "buffer zone"
separating the landscape from the weeds or vegetation on empty lots. "Buffer
zone" shall be done either chemically or mechanically and or as directed by City
Park Staff.
5.13 GUARANTEE AND/ORREPLACEMENT POLICY
All new plant material and irrigation installation shall be guaranteed for a period of one
calendar year except due to "Acts of God, "i.e., damage or death of plant material due
to wind or storm, or vandalism, theft, or other willful acts over which the maintenance
contractor has no control. Existing plants shall be replaced by Contractor if they die due
to Contractor's negligence.
5.14 TURFGRASS
A. General
1. Waterino: A regular, deep watering program shall be accomplished to give
the best results. The established turf should not be kept moist but should
dry out somewhat between watering. Allow turf to dry out before
mowing.
2. Aeration: Mechanically aerate all turf areas as often as required or as
directed by the City Park Staff to reduce compaction/stress conditions, which
will offer greater water penetration and reduce runoff. In those areas when
soil condition is poor, top dress may be required by the City Park Staff.
When top dressing is required, the Contractor shall submit a request for
extra work which must be approved by the City Park Staff before work is
scheduled.
Use a plug aerator with Y, inch tines. Any areas that show excessive
compaction shall receive additional treatment as required to alleviate this
condition. Remove sod plugs. The scheduling of aeration will be recorded
on the Maintenance Schedule and shall be performed no less than three (3)
times per year, in rocky areas. a solid tines or vertical slicer aerator will be
required.
3. Mowino; All turf areas shall be mowed on a minimum of a weekly basis or
during cool season shall be done bi weekly (Nov.-Feb.). Cut cool season
turf grass 2 inches during warm season and reduce to 1 -112 inches during
winter or cooler seasons. In warm seasons, common Bermuda shall be
mowed to not exceed 1 inch, hybrid Bermuda 1/2 inch to 3/4 inches. Avoid
removing more than one-third of the leaf area blade at anyone time.
Remove all excessive hedge row or clippings. All debris must be removed
daily and disposed oflegally off-site. Care shall be exercised during the
mowing operation to prevent damage to trees and other obstacles located
14
Agenda Item No. 11
Page 17 of 31
ii
,
!
within the turf areas such as electrical boxes or fixtures. Do not mow areas
that are wet. Alternate mowing patterns shall be use whenever possible to
prevent wheel ruts in turf areas. If ruts are made, contractor will make
repairs at his or her own expense. The Park Staff must approve of all
mowing equipment for job use. Small rotary push mowers will be required
for parkways.
"
i:
4.
Trimminq and Edqinq: Trim around walls, buildings, curbs, header boards,
valve boxes, quick couplers, and paved areas on a weekly basis to present
a neat, clean appearance. Chemically edge (tree well) around trees within
an 18" radius from the trunk using care not to damage tree trunk or roots. At
no time will chemical edging be allowed on anything other than tree wells
unless directed other wise in writing by the City Park Staff.
5. Refurbishment of Turf qrass: Turf areas that thin out due to contractor's
negligence will be reseeded with an approved grass seed to restore
thinning areas. Coordinate with City staff. This will not be considered extra
work. In the winter months the City staff may require sod.
I
,
I
I
6. Weed Control: Contractor shall maintain a weed free turf at all times by
either chemical or mechanical means. Pre-emergent herbicide application
shall be required to control crabgrass in all turf area. The Contractor shall
be especially careful if applying chemicals to control weeds because of
possible damage to the lawn. Before such applications are made the turf
should be well established and in a vigorous growth condition. All chemicals
applied will be recorded and coordinated with the City Park Staff.
7. Strinq Trimmers: Care shall be exercised with regard to the use of weed
eaters to prevent damage to building surface, walls, header board, light
fixtures, signage, etc. No weed eaters shall be used around trees.
5.15 SPECIALTY/SPORTS AREAS / PLAYGROUNDS
1. General (applies to all park and landscape maintenance areas):
a. All animal feces or other materials detrimental
to human health shall be removed from the
park areas daily.
b. All broken glass and sharp objects shall be removed daily or as
directed by City Park Staff.
c. All areas shall be inspected daily and maintained in a neat,
clean, and safe condition at all times.
d. All areas shall be raked to remove leaves and debris daily.
e. All play and sports equipment shall be inspected for vandalism,
safety hazards, and serviceability daily. Deficiencies shall be
15
Agenda Item No. 11
Page 18 of 31
reported in writing immediately to the City Park Staff.
f. Areas adjacent to sand areas or wood fiber chips, i.e.
Playgrounds, sidewalks, courts. Shall be cleaned daily or as
directed by the City staff.
2. Sand Court/Fiber Woodchip Areas / Wood Fiber Chip Areas:
a. These areas shall include tot lots, play areas, volleyball courts, etc.
b. All areas shall be maintained weed free.
c. During the first week of every month or after heavy rain or wind
storms, all sand areas requiring tilling shall be rototilled to the
maximum depth that will allow complete loosening of the sand
but not cause lower base materials to be mixed in with the sand.
After rototiUing; all areas shall be raked level.
d. Sand/Wood Fiber Chips shall be replenished as necessary to
maintain optimum level in all areas, generally six (6) inches below
he top of the concrete curbing or as directed by the City's
Park Staff. Replacement sand shall be at least equivalent to
washed piaster sand (standard designation of rock
product suppliers to denote a type and cleanliness of sand).
Contractor shall incur cost of labor and materials under the
terms of this contract at no additional cost to the City. Wood
Fiber Chip will be provided by the City. Contractor shall provide
labor to replace.
e. On Monday and Friday of each week all sand and Fiber Wood
Fiber Chip areas shall be raked level and kept free of any foreign
debris.
3. Hard Surface Areas: a. (These areas shall include concrete sidewalks,
tennis courts, handball courts, basketball courts, bicycle trails,
Asphaltic Cement walkways, etc.
A. All areas shall be swept away or hose down at least once per
week to remove all deposits of silt and/or sand and glass
or as directed by the City Park Staff.
B. All areas shall be inspected daily and maintained in a neat,
clean, and safe condition at all times.
4. Bicycle Trails/Asphaltic Cement Walkways:
a. Special emphasis shall be placed on chemical edging
along these areas to prevent damage to asphalt by
vegetation. All such damage shall be repaired at the
Contractor's expense.
16
Agenda Item No. 11
Page 19 of 31
b. All areas shall be swept away at least once per week to
remove all deposits of silt and/or sand and glass or as
directed by the City Park Staff.
5. GENERAL FACILITY OPERATIONS
1. All drinking fountains shall be kept clean and operational at
all times.
2. Minor repairs to include but not limited to unclogging drains,
replacing damaged or broken parts. The replacement of
damaged or broken parts shall not be anextra work item.
Contractor can submit invoice for parts only with the
allowable mark up as stated in this contract.
3. All repairs shall be completed within two (2) days after
damage occurs.
4. Every instance of damage shall be reported to the City staff.
6. Should damage be repetitive, the City Park Staff will evaluate replacement
with a more damage resistant model through extra work or separate
action.
1. All sidewalks within the City areas shall be swept or cleaned daily, if
necessary, to remove any glass, sand/dirt or heavy debris.
2. All sidewalk areas abutting maintained areas shall be cleaned when
dirtied by Contractor's operations and at other times as required by
City Park Staff.
3. All leaves, paper, and debris shall be removed from landscaped
and Park areas and disposed of offsite daily or as determined by
the City Park Staff. All debris must be removed by 9:00am in park
facilities and 12:00pm on all other areas.
4. Trash cans provided by City shall be emptied daily and liners must
be replaced daily at time of service. Contractor shall provide plastic
liners for all trashcans at Contractor's expense. Liner size shall be
no smaller than 36"x58". Liner thickness shall be no less than
1.5 mil. Trash can lids and City's logos shall be wiped cleaned at
least once a week or as directed by the City Park Staff.
5. All concrete "V" drains. to include the portion under the sidewalk shall be
kept free of vegetation, debris, and algae to allow unrestricted water flow
17
Agenda Item No. 11
Page 20 of 31
6. All other drainage facilities shall be cleaned of all vegetation and debris. All
grates shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to City Park Staff immediately.
7. All barbecue grills shall be emptied of all ashes at minimum of once per
week.
All security area lighting and monument lighting shall be inspected monthly,
and a written report shall be submitted. Any damaged or malfunctioning
equipment shall be reported to the City Park Staff immediately.
8. Clean {power/steam wash/clean) all park shelters, park benches, picnic
tables and play equipment weekly. Sanitization and frequency may vary
with use.
9. Inspect all play equipment and submit reports weekly.
5.1.6 Sports Fi.eldMaintenance
A. General: The following operational checklist shall be implemented as part of a
contractor's performance and reporting requirements. The contractor shall
schedule irrigation and landscape maintenance operations so they will not
interfere with sports field use or activities.
1. Inspect the sport field or play area for proper water drainage away from the
playing surface. If drainage is not evident irrigation management in the
affected area is critical to prevent landscape failure. Contact the City staff for
the proper irrigation management strategy.
2. Inspect the sports field or play area for hazardous holes or depressions that
may cause a player to trip. Those found should be filled as directed by the
City Park Staff. Stones al'1d other debris that may interfere with play or cause
injury shall be removed and depressions filled as well.
3. Inspect the sports field play area to see that the soil absorbs irrigation and
rainwater rapidly enough to provide reasonably good footing on the surface of
the field. If improvement is indicated, contact City Park Staff to schedule
aerification immediately.
4. Inspect the sports field or play area to see if the turf surface is being irrigated
evenly with a reasonable amount of water.
5. Inspect the sports field or play area for the condition of turf grass cover.
Uniform thinning over the entire area can be corrected with additional
seeding. If thinning or bare spots occur in isolated areas, replanting will be
necessary in those areas.
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Agenda Item No. 11
Page 21 of 31
Special prOVISions of sports filed maintenance shall include, but not limited to, the
following:
Mowing: All turf areas shall be mowed on a minimum of a weekly basis. Cut cool
season turf grass 2 inches during warm season and reduce to 1-1/2 inches
during winter or cooler seasons. In warm seasons, common Bermuda shall
be mowed to not exceed 1 inch, hybrid Bermuda 1/2 inch to 3/4 inches.
Avoid removing more than one-third of the leaf area blade at anyone time.
Remove or catch the clippings. All debris must be removed daily and
disposed of legally off-site. Care shall be exercised during the mowing
operation event damage to trees and other obstacles located within the turf
areas such as electrical boxes or fixtures. Do not mow areas that are wet.
Alternate mowing patterns shall be use whenever possible to prevent
wheel ruts in turf areas. If ruts are made, contractor will make repairs at his
or her own expense. City staff must approve of ail mowing equipment for
job use. Small rotary push mowers will be required for parkways
Fertilizing: Apply fertilizers a minimum four (4) times annually, additional application
to be applied as direCted by the City to maintain deep green color at all
times. The frequency of application will greatly depend on amount of
leaching caused by excess use of water. The type of fertilizer will be
approved by the City. City staff to verify product type and quantities prior to
application. Additional application to be applied as directed by the City to
maintain deep green color at all times
AERIFICATION:
1. All sports turf areas shall be aerated six times per year as described below.
2. Shall be scheduled to precede scheduled rejuvenation operations when
applicable.
3. Aeration frequency using the Core Aeration or Aervation technique shall be
at least three (3) times per year at a 6 inch minimum depth with a maximum
spacing between holes of 4 inches, to be accomplished by making three
passes at right angles to one another.
4. Aeration frequency using the Deep Tine technique shall be at least three (3)
times per year at a 12 inch minimum depth with a maximum spacing between
holes of 4 inches, to be accomplished by making three passes at right
angles to one another.
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Agenda Item No. 11
Page 22 of 31
IRRIGATION:
a. Monitor controller stations and adjust irrigation schedules daily or as
necessary.
b. Minor repairs shall be completed within 4 hours of notification.
c. Check irrigation systems weekly or more frequently if directed by Park
Staff. System checks shall be verified by supervisor recorded weekly and
submitted to the City.
d. Special water requirements, i.e., field reseeding operations, fertilization
programs, etc. shall be monitored by Contractor personnel 7 days a week
or as necessary.
5.17 PARK ENTRY GATES AND RESliROOMS
Contractor will be responsible to open entry gates and restrooms to all City parks prior to
6:30am that have .gates Irestrooms,. seven (7) days per week and on National holidays at
locations listed below:
. Alberhill Community Parks
. Lakepoint Park
. McVicker Canyon Park
. Summerhill Park
. Summerlake Park
. Tuscany Hills Park
. Creekside Park
5.18 DRESS CODE AND APPEARANCE
All Contractors' personnel shall be required to wear uniforms bearing the company
name and the individual's name while on the project. Sufficient changes shall be
provided to present a neat and deEm appearance of personnel at all times. Contractor
vehicles must be bearing the company name and must have a professional appearance
and must be in good working conditions
5.19 EXTRA WORK
In the event the Contractor is required by the City and agrees to perform extra work, the
following procedure shall govern such work:
A. Work will be executed under the direction of the Park Supervisor on a time and
20
Agenda Item No. 11
Page 23 of 31
materials basis or an agreed lump sum price depending on the nature of the
work.
B. When required by the City Representative or maintenance supervisor, a written
estimate of cost will be submitted for approval and issuance of a purchase order
prior to work being done. The Contractor shall maintain records sufficient to
distinguish the direct cost of other operations. He or she shall furnish reports of
extra work on forms furnished by the contractor, itemizing all costs for labor,
materials, and equipment. The report shall include hours worked. The following
procedure will govern such extra work:
C. City will issue work request for such extra work to be preformed.
D. Material cost shall be actual cost not to exceed 15% for the handling of materials
purchased by the Contractor and used for the extra work.
E. Extra work must be approved by the Parks Supervisor in writing.
F. Invoices for extra work must have the approved work order form attached when
submitting invoices for payment.
G. PROJECT INSPECTION
Upon request, the Contractor or his or her representatives will walk the project
with the City Representatives for the purpose of determining compliance with the
specifications or to discuss required work. Contractor representatives must be
authorized to sign documents that effect changes to job.
H. SAFETY
Contractor shall be responsible for providing a safe work place, and
compliance with standards and regulations of the California Occupational Safety
and Health Act (Cal OSHA), Federal Occupational Safety and Health Act
(OSHA), California Division of Industrial Safety Orders (CDIS), and any other
applicable government law or City Risk Management standards.
I. NON-PREFORMANCE
1. All performance shall be subject to inspection and approval by the City
Representative. If performance is unsatisfactory, or is not performed,
a deduction shall be applied to the Contractor's billing in accordance
with the deduction schedule listed below. A City performance
deficiency written notification shall be used whenever deductions are
applied.
2, The sum of One hundred dollars ($100.00) per service, per restroom
for each time a restroom service is not performed shall be reduced and
forfeited from payments to the Contractor.
21
Agenda Item No. 11
Page 24 of 31
1
I
I
3. The sum of one hundred dollars ($100.00) per service per park site
shall be deducted and forfeiture from payments to the contractor when
litter or securing service is not preformed.
5.20 GENERAL TRASH AND LITTER MAINTENANCE:
1. General (applies to all park and landscape areas).
A. All animal feces or other materials detrimental to human health
shall be removed from the general areas in a daily basis.
B. All broken qlass and sharp objects shall be removed whenever
service is provided or per request.
C. All paper and debris shall be removed from the service area and
disposed of at the City's onsite dumpsters in a daily basis and as
requested by the City's Park Staff. (Not all parks will have onsite
dumpsters).
D. Contractor shqll be responsible for the upkeep and cleanliness of
the City's on site dumpster enclosures. This includes removal and
disposal of illegally dumped debris inside of and around the
exterior of the enclosures whenever scheduled services are
provided, and when requested by the City Park Staff. Pressure
washing of the trash enclosures will be required when requested
by the City Park Staff. Any hazardous materials found in the
trash enclo~.ures must be left in place and reported
immediately to City Personnel.
E. Trashcans provided by the City shall be emptied whenever
service is provided and washed (when requested by' the City
Inspector). Contractor shall provide 36"X58" 1.5 mil plastic
liners for all trash cans at the contractor's expense. All lids and
City's logos must be wiped clean at time of services or as
requested by the Park Staff.
F. All barbecue grills shall be emptied of all ashes a minimum of
once per service.
G. All shelters shall have signs, tape, staples and litter removed
daily.
H. All shelters shall be Clean (power/steam wash/clean) every
Saturday morning before 8:00 am.
2. General (applies to all park restrooms).
A. All restrooms snail be unlocked by 9:00 a.m.
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Agenda Item No. 11
Page 25 of 31
B Between Memorial Day and Labor Day, The Contactor shall
remove all litter from turf, planters, sandlots, walkways, parking
lots, boaches and trashcans tWice per day, once in tho morning
bofore 9:00 ,^.M and again iR the afternoon before 3:00PM, on all
weekond days and holidays, from following locations.
· Seaflort Boot Launch
· Elm Grove Boach
. Whisl'.ors Fishing Beach
. Davis St. Fishing Beach
5.21 DeficientPerformance
The contractor shall provide a foreperson and maintenance crew at the sites weekly during
normal working hours as determined by the City. All of the contractor's maintenance
personnel shall be supervised by a qualified foreperson capable of effectively
communicating with City personnel.
The contractor, or his or her representative, shall meet with the Parks Supervisor or his or
her representative on a weekly basis and at such other times as may be required by the
City to review the performance of the agreement and to discuss any problems or matters
as determined by the City.
If, in the judgment of the City, the level of maintenance is not acceptable, the City shall
issue a deficiency notice to the contractor, informing the contractor of the unacceptable
condition. The .contractor is required to correct deficiencies within the time specified by the
City.
5.22 Liauidated Damaaes
Failure of contractor to perform the services within the time allowed will result in damages
being sustained by the City. From the nature of the services to be performed, it is
impractical and extremely difficult to fix the actual damages, if any, that City may incur as a
result of contractor's failure to perform the following obligations within the stated time
period after receiving notice of the deficiency from the City:
A. Major irrigation problems within eight (8) hours.
B. Other irrigation problems within twenty-four (24) hours (including controller program
adjustments, reports and schedules).
23
Agenda Item No. 11
Page 26 of 31
C. Re-staking of trees within twenty-four (24) hours.
D. Failure to remove and dispose of debris generated by regular maintenance
operations, with twenty-four (24) hours.
E. Failure to remove and dispose of debris including tumbleweeds from wind or
normal litter accumulation, within twenty-four (24) hours.
F. Failure to provide weekly irrigation observation report, within twenty-four (24) hours
of the first working day of the following week.
G. Failure to submit a monthly water meter report with twenty-four (24) hours of the
first working day of the month.
H. All other deficiencies within forty-eight (48) hours.
For each failure to perform the foregoing obligations within the time specified after
receiving notice, the contractor shall pay the City, or have withheld from monies due, the
sum of One Hundred Dollars ($100) per day, per occurrence.
For each failure of an employee to wear a uniform or a safety vest per occurrence to
perform the foregoing obligations within the time specified after receiving notice, the
contractor shall pay the City, or have withheld from monies due, the sum of One Hundred
Dollars ($100) per day, per occurrence.
Execution of this Agreement shall constitute agreement by the City and the contractor that
$100 per day, per occurrence is the minimum value of all costs and actual damages
caused by the failure of Contractor to comply with the foregoing obligations. Such sum is
liquidated damages and shall not be construed as a penalty, and may be deducted from
payments due the contractor.
24
Agenda Item No. 11
Page 27 of 31
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LIST OF LOCATIONS TOBE MAINTAINED UNDER THIS CONTRACT
Chamber 132 W. Graham Ave.
City Yard - 521 N. Langstaff SI.
Lalw Community Center 310 'N. Grahom Ave.
Senior Center - 420 E. Lakeshore Dr.
Alberhill Park - 24000 Lake SI.
Channel Walk - Limited to Heald
City Pork 213 S. Main SI.
Creekside Park - 32000 Lost Rd.
Equestrian Trails - Lincoln @ Terra Cotta
Lakepoint Park - 420 E. Lakeshore Dr.
Linear Parl~ 31717 Canyon Estatos Dr.
Serenity Park - 19685 Palomar SI.
Summerhill Park - 31613 Canyon Estates Dr.
Swick/Matich Park - 402 Limited SI.
Tuscany Hills Park - 30 Summerhill Dr.
Yarborough Park - 419 N. Poe SI.
LincolnStreot Park j10g3 Lincoln SI.
Qaktroe Pork 15310 Lincoln 51.
Machado Park - 15150 Joy SI.
McVicker Park - 29355 Grand Ave.
Summerlake Park - 900 W. Broadway
Seaport Baal Launch 500 W Lakoshoro Drivo
Elm Grove Boach
Whiskers Fishing Beach
Davis SI. Fishing Boach
0.2 ooros
0.2 acres
0.2 ooros
0.2 acres
20.0 acres
1.2 acres
4.0 acres
7.0 acres
1.6 acres
12.5 acres
0.1 aores
2.6 acres
3.5 acres
7.0 acres
5.0 acres
3.0 acres
2.2 aoros
3.2 ocros
5.0 acres
26.0 acres
16.0 acres
35.0 acres
20.0 aoros
2.0ocros
1.0 acres
25
Agenda Item No. 11
Page 28 of 31
E'x hi hirE
TO ACJii~ANY 61;Q8UmTIAL
BID SCHEDULE
S;M.~ 11510, PART 1
Thl;l,pl;lrfQlmaI'lCe requiremeFlts Jor the Base Bid, Part 1 ar€ set forth in the "Specification for City of
Lake-A~I~in(')rePat:kMaintenance Contract Work" incruded as part of this bid package..
ITEM D.ESCEJPTION
ACR~S ANNUl;l-l,CQ~T
$
r 1 r.n~mnAr _ 1~' 'AI Qr::lh~'m .oo\lc (l'J
," -""'1 . ~' : - . _;. ':_,". _. . $
2 '~iit1Fi./i!il,#~~1tS\'. . 0.2
~:. ~\i,. ':;~~~a;g.A8n ~,,;~~ ~'i~~~.!lu. $
3 A'I'e/":."""" . .......... . . 0.2
J',- . $
4 SeiilOr;bimter - 420 E. Lakeshore Dr. 0.2
$
5 Alber'l1ill.p~rJ< . 24QOO lake SI. 20.0
$
6 Ol'illl1n~I'\"IllIk"l!itWfelO'tfi.ltea1d 1.2
$
- 7 Oil); Jil'I)jp '~~.;13,>1i~~lr!l,f;J1. . 4.9
.... . $
8 Ci€ek&~~:#.:lti:~ll:bslrtd. 7.0
. . . $
9 Equestrian Trails. Lincoln @ Terra Colla 1.6
. .'.,',.-'.. $
10 LekepolnfP~tk - 4?1J'.E, Lakeshore Dr. 12.5
$
11 Ufl8Br 'paRt 31717' ~f11I~I" E:"lC1l~'Cr. 0.4
S~1f[t&'4$!ii"Jf~~.a(0m\i!~~. $
12 2,<)
So.flim~riinl'l'atk .31613 Canyon Estates $
13 Dr. 3.5
$
14 SWlcl</Matlch Park. 402 Limned SI. 7.0
$
15 TuscanyHlrls.Park .30 Summerllill Dr. 5.0
$
16 YarGorougtlPark-4'19 N. Poe 51. 3.0
$
...,7 Li,,~l"l0b:CI)t.Pa,.k p 14983 L11.,'vlll ~l. 2.2
$
-18 Odl\b-~O'.l'dll\. 15.340 Llllw.I" IS l. 3.2
$
19 Machado.Park - 15150 Joy 51. 5.0
$
20 McVicker-Park . 29355 Grand Ave. 26.0
$
21 Summerlake ParK - 900 W. Broadway 16.0
Total Bid
(art 1 $
~~~~~~~ij
B~_.....,n;1&- 10
385.0'0
3,s,s . O;~
Jge, ee
532.00
3,685.00
472.0{)
. 1-.."1.11:7 ulL
1,,3 52.,00
282.00
9.8.~ .0 0
. .
Q]2.ee
657.00
805.00
285.00
482.00
6R, 00
OOS.OO
1,7>2 00
732.00
985.00
763.00
1,L185.eO. 22.\ lW 9" /70, ;;2.9;;<
~~.
Agenda Item No. 11
Page 29 of 31
SASE SID,PART 2
Th~~~~~~il~li}ce.~f.~l,J.!Jir~rl1~tl15fQnfueE?\lSeBid,par:t 2 are found in the "Specification for City of
,'~~ili}.w~~_R;~Mtl}ti~nceoGo1'ltr.actW~ll:l'J'1l:Itl!li1rtl:t/lllj(~.2Q (Gener.aiTr.asl1 and Litter
M@lrNi~.(:fi~Ntl#)~de:d'"l;Is part.of.this 'biCl .package.
LTRb.t '~i~~RtJ,9~ ACJREq ANNUALCQST
$ ',200.00
22 , s9ap:on l'lP.I:rI ~li.!itl ell. '12'
$ 4,200.00
23 '.i:lfl't :Grove. Slleeh. 20:0
$ ',000.00
24 Io/llls!<ers FIshing :ee"oh. 2.0
$ 800,00
25 'Oavls.St. Flshlng ,jil8'llch. 10
total Bid $ 7,200.00
Part 2
ta'1l~;~;jl$'lUvht.f..iQ:l11l:h21"~B~WiiHie awarded based on Base Bid amount)
t~l~R1oUnlMlBg$eBid, Part 1 in words: One. h~~~,:;; $eu",,~~ ~l '1 fho'1~:r~ ~~~~.
'1'\.1' !llil'l<'I'Eld 'l'l:6:l'1t) 6ft!: 'l'A8tl"fl196 Et~ ea 'I'll to. &l;:l; 80rtwD ~I.rlw'
' . qu ~
. 00
Total amount of Base Bids, Part 1 in- numbers:'$ 221 r 82 e . 00 ,7(., I .;L q Dl. ,00
eiJ$(tbld Items 22 thJ:Qugh 20 (These itemS will be awarded separately or not included in Il1e
award}.
Tot'll amount ofB'as!:l Bid Part 2 in words:
. Seven 1housa.na TWO' llundred
Dollars----'OO
rotal am~unt of B~se 8id, Part 2 In nUfT1.bers: $
1,200.66
lID IT:(g~l:1WiEl
lID, DEe 2 6 200? )j))
8 y:~(1[7t.::---
11
Agenda Item No. 11
Page 30 of 31
eX;J;fAAWfi~fiJHINJT WO.$T FQ~ {~.}
II. ~LANT.r\ilA:J;tlR1AL (INSTALLED)
18.Annulll Cotr;i~~~
1ft(~r.oundCover
2(l..Otle;(f),~!f6n
21. Five (5) Giillon
22.tfffeel1 (t5) GaffOD shrubs
?3.'Pllteen (1'5) GliWohtree
24.2<4"!lQX free'
'Z6.Se,Sded Turf
26: Sodded Turf
111.1~RIGJ.j..fJON1Y11!:ffijTtiNANCE '
',... >.:.,':..
1. ,~pair$
OTHE~'REflA!R$
1.
2.
3.
,il,. '
2.
COl1cret.e removal and replacement
Blook wall repair
Di'alna~e(4") ,
:rrf@;ll~.
BfoekWafr repair
1. RestrGGi:t!.:Mail'lle-mmce
2. TfY,l$h.p!ckJ,l,j)
" ,'$:.?,9'lLif@i'.~E/IJ
$20.00/fiat
$ 7. 5 (j eath
$ 1 6 . 00 each
$70.00 each
$185.0Ckach
$ 225. o~ach
$ 3: 09sf
$
1.00
(s
NOT€:A;liwei'li':tb De done in accortJance with ihe City of Lake Elsinore Municipal Code,
'$fG!lJdarr[~~~~~lpq~ for P~blic Works p:rojects, and Specifica~ions set4;l1itI!i"l1i1~m~ilJI'{lack<lge,
Ail WOrkls,subJer,ib161nsp"61-Gtu;m by the City. Any Contractor domg work In the City must have a
CItyPI;I$II1~ss 'H~flSe.-rhe bUdgetfor the project is fiexible and is dependent upon the City Council
apprpv,ecl,pqrk maintenance budget. The City does not guarantee a specific doilar amount for work
within th.e scdpeqftliis pr.oject.
13
7.00
$ (sf
$ 1 0 . 00 Isf
pO.OOlf
$25.00If
$ 10..@,(Jif
$ 50. OD If
$ 1 0 . O~sf
,~e ocper acre
Agenda Item No. 11
Page 31 of 31
C[TYOF~ .
LAKE \6/LSiNO~
'V DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: REFUND LAKE MAIN1ENANCE FUND DEPOSIT FOR FY 2008-09
Backaround
The City and Redevelopment Agency Uointly referred to as the "City") entered into a
Water Management Agreement with the Elsinore Valley Municipal Water District
(EVMWD) on March 1, 2003. The Water Management Agreement provided for the
creation of Lake Maintenance Fund where the City and EVMWD would each deposit
annually the sum of $650,000 into the Lake Maintenance Fund. The agreement also
called the deposits to be disbursed for:
1. EVMWD's pumping costs for well water used to replenish the lake
2. EVMWD's reclaimed water cost delivered to replenish the lake
3. The cost to deliver supplemental water to replenish the lake when levels are
below 1240 (or higher if mutually agreed on by both parties)
4. Other lake related purposes as both parties agree on
Discussion
Given 'the current economic downturn, the City Council has directed staff to contact
EVMWD to see if they would be willing to forgo the 2008-09 fiscal year deposit. The
district has given a verbal approval and will be officially voting on the request at their
next meeting. The City Council also needs to officially approve forgoing the FY 2008-09
deposit and approve a refund of the deposit.
Fiscal Impact
The General Fund will save $650,000 in FY 2008-09.
Agenda Item No. 12
Page 1 of 2
Refund Lake Maintenance Fund Deposit for FY 2008-09
October 14, 2008
Page 2
Recommendation
Approve the refund of the $650,000 Lake Maintenance Fund deposit for FY 2008-09.
Prepared by:
Matt N. Presse~
Director of Ad~i-;;TslPiifive Services
Robert A. Brady~AlL
City Manager III'Y
Approved by:
Agenda Item No. 12
Page 2 of 2
CITY OF .~
LAKE 6LSiNOIU
" "
'?t.,o@' DREAM E/TREME~
REPORT TO CITY COUNCIL
TO:
HONORABLE MA YO.R
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: APPROVAL OF LICENSE AGREEMENT FOR USE OF THE OLD
LIBRARY BUILDING WITH CALIFORNIA FAMILY LIFE CENTER
Backaround
In April of 2002, the City entered into a License Agreement with County of Riverside for
the lease of the Old Library Building located at 400 W. Graham Avenue.
The purpose of the agreement was for the licensee to operate a youth training and
education program, a long-term comprehensive system of services that better prepares
high risk youth to make a successful transition to the workforce and continued
education.
Discussion
The current license agreement .expired June 2007. The new license agreement will be
with the California Family Life Center, a non-profit organization who previously
partnered with the Riverside County to lease the building. This organization has been
operating the "Planet Youth" program in the Old Library Building for the past five years.
The new agreement is a nonexclusive license to utilize the Old Library Building
commencing July 1, 2008 through June 30, 2009, with two additional one year terms.
During the first year of the agreement, the California Family Life Center will pay the City
rent in the amount of $1,000 per month. Each one additional one year extensions will be
a license fee of $1 each year.
The Licensee is responsible to pay for janitorial services, telephone, and electrical
utilities. The City will be responsible to provide capital repairs, maintain air condition,
heating units, and to pay for water services. A portion of the building will continue to be
utilized for the City's "Tiny Tot" program or other programs.
Agenda Item No. 13
Page 1 of 5
license Agreement with California Family life Center
October 14, 2008
Page 2
Fiscal Impact
Revenue of $12,000 will be collected for 2008 - 2009 fiscal year.
Recommendation
Approve the license agreement for the Old library Building with California Family life
Center and authorize the City Manager to sign the agreement.
Approved by: Ray Gonzales ~
Director of Parks and Recreation
Robert A. Brady~ ~
City Manager ~
Approved by:
Agenda Item No. 13
Page 2 of 5
L
LICENSE AGREEMENT
This License Agreement is made as of July 1, 2008 by and between the City of Lake
Elsinore, herein called City, and the California Family Life Center, herein called Licensee.
City hereby offers to allow Licensee to access and use the premises situated in the City of
Lake Elsinore, County of Riverside, State of California, described as the "Old Library Building"
located at 400 W. Graham, upon the following terms and conditions:
1. Term. This Agreement is a nonexclusive license to access the above premises
commencing July 1, 2008 or as soon thereafter as the City Council approves this License
Agreement, through June 30, 2009 or until termination by either party. The License Agreement
may be extended by two additional one-year terms by mutual agreement. A monthly rental of
$1,000.00 shall be paid in advance on the first day of each month during the first term of this
License. An annual License fee of $1 shall be paid in advance on the first day of each year for
each one year extension.
2. Use. Licensee shall use the premises for the purpose of operating a Youth
Opportunity Center and conducting employment training services. Such use pursuant to this
License shall not be assigned to any other person or entity. The City of Lake Elsinore will also
operate a Tiny Tot Program in the facility.
3. Care and Maintenance of Premises. Licensee acknowledges that the premises
are in good order and repair, unless otherwise indicated herein. Licensee shall, at his own
expense and at all times, maintain the premises in good and safe condition, including regular
janitorial service. The City, at their sole expense, will maintain heating and air conditioning units in
good order and repair.
4. Alterations. Licensee shall not, without first obtaining the written consent of City,
make any alterations, additions, or improvements, in, to or about the premises except those set
forth herein.
5. Ordinances and Statutes. Licensee shall comply with all statutes, ordinances and
requirements of all municipal, state and federal authorities now in force, or which may hereafter be
in force, pertaining to the premises, occasioned by or affecting the use thereof by Licensee.
6. Assignment and Subletting. Licensee shall not assign this License or attempt to
sublicense any portion of the premises without prior written consent of the City, which consent
may be withheld for any reason. Any such assignment or attempt at sublicense without the City's
consent shall be void and, at the option of the City, may terminate this License.
7. Utilities. All applications and connections for necessary telephone and DSL
services and electrical, gas utilities on the premises shall be made in the name of Licensee only
and at Licensee's sole expense. Licensee shall be responsible for all monthly utility bills including
but not limited to telephone, electric and gas. The City will be responsible to pay for water utilities.
license Agreement Old Library 091508 Revised.doc
Agenda Item No. 13
Page 3 of 5
8. Entry and Inspection. City retains the right to enter upon the premises at any
reasonable times for purposes of inspection or as required to operated the aforementioned Tiny
Tot program. ..
9. Termination. Either party may terminate this agreement for any reason whatsoever
upon 30 days written notice. .
10. Indemnification of City. City shall not be liable for any theft, destruction, damage
or injury whatsoever to Licensee, or any other person, or to any property, occurring on the
premises or any part thereof, and Licensee agrees to hold City harmless from any such claim, no
matter how caused.
11. Limited to Access Only. This License is limited to access only of the premises.
Licensee shall have no right to use any'of City's supplies, equipment, or any other assets of City.
12. Destruction of Premises. In the event of a partial or total destruction of the
premises during the term hereof, from 'any cause, this License shall be terminated.
13. Remedies on Default. If Licensee defaults in the payment of the License fee or
defaults in the performance of any of the other co\(enants or conditions hereof, City may give
Licensee notice of such default and if Licensee does not cure any such default within three (3)
days, after the giving of such notice (or if such other default is of such nature that it cannot be
completely cured within such period, if Licensee does not commence such curing within such
three (3) days and thereafter proceed lNith reasonable diligence and in good faith to cure such
default), then City may terminate this License on not less than three (3) days notice to Licensee.
On the date specified in such notice the term of this License shall terminate, and Licensee shall
then cease all access to the premises to City, but,Licensee shall remain liable as hereinafter
provided. If this License shall have be~n so terminated by City, City may at any time thereafter
prevent access to the premises by any lawful means and remove Licensee or other occupants
and their effects. No failure to enforce any term shall be deemed a waiver.
14. Attorney's Fees. In case suit should be brought for recovery ofthe premises, or for
any sum due hereunder, or because of any act which may arise out of the possession of the
premises, by either party, the prevailing party shall be entitled to all costs incurred in connection
with such action, including reasonable attorneys' fees.
15. Notices. Any notice which either party may, or is required to give, shall be given
mailing same, postage prepaid, to Licensee at the premises, or City at the address shown below,
or at such other places as may be designated by the parties from time to time.
16. Heirs, Assigns, Successors. This License is binding upon and inures to the
benefit of the heirs, assigns, successors in interest to the parties.
17. Renewal. Any extension.of this License shall be at the sole discretion of the City.
All of the terms and conditions of the Libense shall apply during such renewal term, if any.
License Agreement Old Library 091508 Revised.doc',
2
Agenda Item No. 13
Page 4 of 5
18. Entire Agreement. Th~ foregoing constitutes the entire agreement between the
parties and may be modified only in writing signed by both parties.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the
date first written above.
CITY OF LAKE ELSINORE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
license Agreement Old library 091508 Revised.doc,
LICENSEE:
DyGL cFU..
(
~r/ ;?e/ 6::68
3
Agenda Item No. 13
Page 5 of 5
,Ii
L-___"__~_ __
CITY OF ~~
LAKJ 6LSiNOIU
\, '"
~.~ DREAM E;(TREME~
FROM:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
TO:
DATE:
OCTOBER 14, 2008
SUBJECT: APPROVAL OF SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT LEASE RENEWAL
Backaround
On June 4, 1993, the City Council.approved a lease agreement between the City and
the South Coast Air Quality Manag~ment District (AQMD). The lease agreement was for
the use of a portion of City property on which AQMD established an air quality
monitoring station. The original agreement has been extended every five (5) years and
AQMD wishes to renew the contract which expired on June 30, 2008.
Discussion
The site is located on a hill west of Yarborough Park. A 10 ft. x 24 ft. prefabricated
building set on a 30 ft. x 30 ft. concrete slab is enclosed by an 8 ft. chain link fence.
Landscaping was installed by AQMD along the outer portion of the fence line.
A "Modification to Contract" document is attached, which states the term of the contract
and rental fee of $1.00 per year for five (5) years. The renewed contract will extend the
agreement another five (5) years, commencing July 1, 2008 through June 30, 2013.
Fiscallmoact
There is no fiscal impact to the General Fund.
Recommendation
Authorize the City Manager to execute the contract renewal with South Coast Air Quality
Management District extending their lease agreement another five (5) years.
Agenda Item No. 14
Page 1 of 3
~
Approval of South Coast Air Quality Management District Lease Renewal
October 14, 2008
Page 2
Prepared by:
Claudia Davis ~
Parks and Recrea~i~n ~Iyst
Ray Gonzales ~X_
Director of Parks and Recreation
Robert A. BradyO rJl.
City Manager IUlV
Approved by:
Approved by:
~
Agenda Item No. 14
Page 2 of 3
South Coast
Air Quality Management District
Contract No. 940023
IIIJ
MODIFICATION TO CONTRACT
This modification consists of 1 page.
1. RECITALS
A. The South Coast Air Quality f\:1anagement District (hereinafter "LESSEE"") and City of Lake
Elsinore (hereinafter "LESSOR'} have previously executed a Contract No. 94002 for lease of an
air monitoring site; and modified by Contract No. 940021 to extend the term of the lease and
modified by Contract No. 940022 to extend the date by which performance must be completed,
modify the work, and increase the maximum amount payable.
B. LESSEE will continue to lease the premises in Lake Elsinore where LESSEE"S portable building
is located. LESSEE has had. monitoring equipment at this site since 1988. Therefore, a
modification to this Contract is necessary to extend the date by which performance must be
completed and increase the maximum amount payable.
2. MODIFICATION - The parties therefore agree to modify the existing Contract as follows:
A. The term of this Contract is extended for an additional period commencing July 1, 2008 and
terminating June 30, 2013. .
B. LESSEE shall continue to pay LESSOR as rent for the leased premises the sum of One Dollar
($1.00) per year for five years.
C. All other provisions of the above-referenced Contract shall remain in full force and effect.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
CITY OF LAKE ELSINORE
By:
By:
Barry R. Wallerstein, D. Env., Executive Officer
Date:
Date:
APPROVED AS TO FORM:
Kurt R. Wiese, District Counsel
".t9/?cP'~
//Modi I 27May2003 .
Agenda Item No. 14
Page 3 of 3
.~
CITY OF ~
LAKE .6,LSiNORf
~, DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYO~
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: OCTOBER 14, 2008
SUBJECT: INTERCHANGE IMpROVEMENTS AT INTERSTATE 1-15 AND
CENTRAL AVENUE; (SR-74) - CONSULTANT SELECTION FOR
SURVEYING AND SOILS TESTING
Backaround
On August 26, 2008, the City Cpuncil awarded a construction contract to Ortiz
Enterprise, Inc. in the amount of $2i896,591.30 for the construction of improvements to
the 1-15/SR-74 interchange. This priority project will provide for additional traffic lanes
on the freeway ramps as well as under the freeway bridge.
Discussion
Construction contract documents for this project requires the City to furnish surveying
and soil testing activities to insure ;Nork is done in compliance with project plans and
specifications. The firm of KDM Meridian has been selected to do the survey work for
and the firm of City and County Soil Testing will provide materials testing services.
Fiscal Impact
Total project costs including preparation of plans and specifications, construction,
construction contingency, inspection, surveying, material testing and administration is
$4,955,156. Total cost of survey work proposed by KDM Meridian is $80,700. The soil
testing costs provided by the firm oftity and County Soil Testing is $53,005. Adequate
funding is available in the budget for;.this project.
Recommendation
Approve the selection of KDM Meridian for survey work and the firm of City and County
Soil Testing for soil testing for Interchange Improvements at Interstate 1-15 and Central
Avenue (SR-74) and allow staff to process the agreement.
Agenda Item No. 15
Page 1 of 3
I;;
-----------
___________J
1-15/Central- Surveying and Soil Testing
October 14, 2008
Page 2
Prepared by:
David S. Solomon
Project Engineer
Ken A. Seumalo "(:16
Director of Public Works
Robert A. Bradyl\~~
City Manager . \LI\V
Approved by:
Attachment: Vicinity Map
Agenda Item No. 15
Page 2 of 3
VICINITY MAP
INTERCHANGE IMPROVEMENTS AT
INTERSTATE 1-15AND CENTRAL AVENUE (SR-74)
CITY COUNCIL
Agenda Item No. 15
Page 3 of 3
CITY OF v~
LAKE 6LSiNO~
\ I
~ DREAM E;<TREME~
FROM:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
TO:
DATE:
OCTOBER 14, 2008
SUBJECT: PURCHASE AUTHORIZATION TO REPLACE ENTERPRISE E-MAIL
SERVER
Backaround
A stated goal of FY 2008-09 IT budget is to replace the current Enterprise E-mail
System. The existing server hardware has reached its four (4) year lifecycle and the E-
mail software is in need of an upgrade to enforce future E-mail retention policies.
Discussion
By replacing the current E-mail Server and upgrading the E-mail software from
Microsoft Exchange 2000 to Exchange 2007, the Enterprise E-mail system will be
centralized on one server for more efficient administration with the added benefit of an
increase in stability, security, and functionality.
The Symantec Enterprise Vault software will work in conjunction with Exchange 2007 to
journal E-mail transmissions and administer E-mail retention policies.
Per the City's purchasing policy, section 3.08.070, a purchase over $15,000, may be
exempt from the informal bid process when it is in the best interest of the City to take
advantage of established government pricing for information technology purchases.
Fiscal Impact
Consistent with the City's practice of making information technology purchases under
the California Municipal Awards Schedule (CMAS), Hewlett Packard (HP) hardware and
Microsoft software qualify for purchase under the state and local government CMAS or
WSCA pricing schedule. The unit cost of the HP Server and the associated Enterprise
software is consistent with previous HP Server and Enterprise software purchases.
Agenda Item No; 16
Page 1 of6
II
Purchase Authorization to Replace Enterprise E-Mail Server
October 14, 2008
Page 2
Both CMAS and Western States Contract Alliance 0NSCA) pricing ensures competitive
pricing at Government Services Administration (GSA) rates. HP's 4 year warranty
service also helps keep the City's cost of repairs and maintenance down.
This purchase is exempt from the City's purchasing policy requiring informal bids
because it is in the best interest of the City to use CMAS or WSCA government pricing
for information technology purchases.
Sufficient funding is available through internal transfer of FY 2008-09 IT Department
fu nds.
Source. Model '11 Quote w/ Tax
HP ProLiant DL360 G5 Server $7,738.25
Zones, Inc. OS, Exchanqe 2007, Vault $9,285.90
Total Amount: $ 17,024.15
Recommendation
It is determined to be in the best interest of the City to waive the bidding process and
authorize the City Manager to sign and issue a purchase order to Hewlett Packard, Inc.
and Zones, Inc. for the replacement of the City's Enterprise E-mail System.
Prepared by:
kD . ~~
Mar ennls
Information/Communications Manager
Robert A. BradyO fiJt,
City Manager JJ..!.W
Approved by:
Agenda Item No. 16
Page 2 of 6
Page 1 on
[Ii]
I a Y . n t
ONLINE PRICE QUOTATION
Quole Number: 2725140
Today's Date: 10/6/2008 11 :46:22 PM
Created By: tsoto@lake-elsinore.org
Quole Name: EXCH_DL360
Quote Created Date: 10/3/20089:47:34 PM
Contract: CA - STATE OF CALIFORNIA (WSCAII) (A63309-CA)
Product availability and product discontinuation are subject to change without notice. The prices in this quotation
are valid for 30 days from quote date above. Ple~se include the quote number and contract from this quote on the
corresponding purchase order.
items/description
part no
unit price qty ext price
-Configurable- HP ProLiant DL360 G5,.
3.00GHz High Performance Server - .
490666-001
HP ProLiant DL360 G5 3.00GHz High
Performance Rack Server
2 Quad-Core Intel@Xeon@ E5450
(3.00GHz, 1333MHz FSB, 80W)
Processors
HP 4GB Fully Buffered DIMM PC2-5300
2X2GB Memory ,
HP Smart Array P400i/256 Controller with
battery
2 Embedded NC373i Multifunction Gigabit
Network Adapters
HP 1 u Server 700w Hot Plug Power
Supply
HP 1 u Server 700w Hot Plug Power
Supply
HP Redundant Fans
Slim Line CD-RW/DVD-ROM 24X Combo
Drive Option Kit
Integrated Lights Out 2 (iLO 2) Standard
Management '
HP Standard Limited Warranty - 3 Years
Parts and on-site Labor, Next Business
Day
This product is pre-configured.
Additional options ship separately
Base
$3,858.00 1 $3,858.00
490666-001
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
file:l/P: \Documents\Purchases\Exchange Server\tmpQuote2 725140 .htm
"II I
In
Agenda Item No. 16
1 0/!j'~~&3 of 6
Page 2 of3
HP 146GB Hot Plug 2.5 SAS 10,000 rpm
Hard Drive
431958-B21 $255.00 4 $1,020.00
412911-B21 $145.00 1 $145.00
U8116E $811.00 1 $811.00
AF556A $7.00 1 $7.00
DW065B#ABA $1,399.00 1 $1,399.00
SubTotal: $7,240.00
Total: $7,240.00
Estimated Lease Cost: $234.50
HP Single Channel U320 PC I-Express
HBA - Low Profile
HP Care Pack, 4 Years, 4 Hours,,24x7
ProLiant DL360 '
HP 1.83m 10A C13-UL US Power Cord
HP StorageWorks L TO-1 Ultrium 232
External Tape Drive
The terms and conditions of the CA - STATE OF CALIFORNIA (WSCAII) will apply to any
order placed as a result of this inquiryO:'no other terms or conditions shall apply.
To access the HP Public Sector Online Store where this quote was created, go to:
htlR://gem .compaq .com/gemstore/entr~.asp?Sitel D=12069
. The estimated lease cost is the mont,hly payment amount for a lease commencing on or
before 11/5/2008 with a term of 36 months and a fair market value purchase option at the end
of the lease term. This and other leasi~g and financing options are available through Hewlett-
Packard Financial Service Company ('7lPFSC) or one of its affiliates to qualified education
and state and local customers in the U~S. and subject to credit approval and execution of
standard HPFSC documentation.Fee~ and other restrictions may apply. This is not a
commitment to lease. Rates and payments are subject to change at any time without notice.
Leasing and financing options for FedE!ral governmental agencies (subject to a $50,000
minimum) are available from Hewlett-Packard Company. For more information, call Hewlett-
Packard Financial Services Company at 1-888-277-5942 and talk to a financial services
representative who specializes in 'suppbrting government and education entities.
. HP is not liable for pricing errors. If ybu place an order for a product that was incorrectly
priced, we will cancel your order and credit you for any charges. In the event that we
inadvertently ship an order based ,on a:pricing error,we will issue a revised invoice to you for
the correct price and contact you to obtain your authorization for the additional charge, or
assist you with return of the product. If::,the pricing error results in an overcharge to you, HP
will credit your account for the amoun(overcharged.
. Please contact HP Public Sector Sal~s with any questions or for additional information:
K12 Education: 800-888-3224 Higher Education: 877-480-4433
file:IIP: IDocuments\PurchaseslExchange ServerltmpQuote2725 140 .htm
__.~1 . .
Agenda Item No. 16
1O;l;'~~1184 of 6
Page 3 of3
State Local Gov!:
Fax:
888-202-4682
800-825-2329
Federal Govt:
Returns:
800-727-5472
800-888-3224
. For detailed warranty information, please go to WWV\l.tHLC-9mlgQI~p-e_cif~waITQI]JyjrlfQ.
Sales taxes added where applicable. Freight is FOB Destination.
file:/ /P:\Documents\Purchases\Exchange Server\tmpQuote2725140.htm
Ii;
II
Agenda Item No. 16
I o~~ga85 of 6
1
c:ZONES'
~ZONES'
Corporate Solutions
10/03/2008
Account #
0043068774
Ship To :
CITY OF LAKE ELSINORE
TOBY SOTO
130 SOUTH MAIN ST
LAKE ELSINORE CA 92530
~hone: (951) 674-3124 x 315
Quote: S1095075
POI : Symantec & Microsoft
CITY OF LAKE ELSINORE AlP
130 S MAIN ST
LAKE ELSINORE CA 92530
Phone: (909) 674-3124 x 2050
Hardware quotes are valid for 7 business days
Memory Prices are valid for 24 hours only, call for verification
Zones, Inc
1102 15th St. SW Suite 102
Auburn, WA 98001
Phone: (800) 419-9663
Zones Corporate Solutions
110215th St. SW, Suite 254
Auburn, WA 98001
Phone: (800) 706-0056
Jay Esguerra
Account Executive
Phone: (253) 205-3748
Fax: (253) 205-2748
Email: Jay.Esguerra@zonescs.com
Item# Qty DescriDtion Manufacturers Part # Unit Price Total
W 01776670 L VOL 103 GOV EXCHANGE STD CAL 2007 ENG OLP NL LOCL GOV 381-03095 49.56 5,104.68
A 02379494 L VOL 1 GOVT BACKUP EXEC 12.0 ENT VAULTAGENT WIN BS ESSENT 13573193 917.44 917.44
A 02223182 L VOL 1 GOVT ESSEN EV MBX OPTlM STD ED F MSFT EXCH 7.5 WIN 12434247 7.03 7.03
W 02401673 L VOL 5 GOVT OLP ENG WIN SVR STDWIO HYPER.V 2008 NL LOCL L T A-00242 512.77 2,563.85
W 05154008 C VOL 1 MLF WINDOWS SVR STD 2008 32-BIT1X64 ENGLISH DISK KIT MVL P73-03830 25.00 25.00
DVD
ASK US ABOUT
Installations: Server
Installations: General
On.Site Technical Services
Remote Help Desk Support
Remote Network OS Support
Hourly On-site Technical Service Rates
Visit us on the web: http://www.zones.com
Sub-Total:
Sales Tax:
LICENSING ED!:
Grand Total:
$8,618.00
$667.90
$0.00
$9,285.90
24 Mo. FMV lease for $372.13 per month
36 Mo. FMV lease for $268.71 per month
Please Note: Lease Amounts Exclude Tax
Q
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CERTIFIED
asanNM8C
MIIDRITY8USlIESS
EmRPRISE
bv1heNMSDC
Shipping Terms: For all shipments. Zones and its alliliates will arrange for Shipping to the customer's destination: however, such costs are the
responslbifity of the customer. And. except as noted above. Zones and Its affiliates .WlII assume any risk of loss during shipment to the customer's dastlnation:
tltla and risk 01 loss will pass to the customer upon delivery to the customer. For shipments maOa during the seven calendar days preceding the end of each
calendar quarter, 1I1Ie and nsk of loss will pass to the customer upon delivery by Zones and Its allillates to the carner. .For all orders shipped Within this seven
day period, Zones and Its affiliates will obtain third-party Insurance at hs own expense and will BSSlst the customer in hhng any claims with the Insurance
company arising Irom loss or .damage to the Shipment wring transh. Prices are quoted by volume. and are SUbject.to change Without notice.
Products sold by Zones and hs affilla~es are third party products and are subject to the warranties and representabons of the applicable manufacturers.
Additional Terms and Conditions annl\! and are available on our webslte.
We appreciate this opportunity to earn your business, and look forward to serving you soon 1 Thank YOA'genda Item No. 16
Page R,Pf,9,
CITY OF . ~
LAKE 6LSiNORb
\ I
~.::" DREAM E;(TREMEN
REPORT TO CITY COUNCIL
TO:
FROM:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY,
CITY MANAGER
OCTOBER 14, 2008
DATE:
SUBJECT: MINOR DESIGN REVIEW FOR K HOVANIAN HOMES
Discussion
On September 23, 2008, the City Council heard K Hovanian Homes' (KHov) appeal of the
Planning Commission decision to uphold the Director of Community Development's
decision denying KHov's minor design review. The City Council granted KHov's appeal.
After making findings on the record. the City Council approved the minor design review by
a vote of 3-2.
The City Council directed staff to prepare conditions of approval for the minor design
review and to submit those conditions to the applicant for review and approval. The
conditions of approval were prepared and sent to the applicant.
Similarly, the City Council directed staff to prepare a resolution approving the minor design
review and incorporating the findings made on the record on September 23. 2008. Such a
resolution has been prepared and is attached hereto.
Recommendations
1) Receive and file the attached resolution and conditions of approval.
2) Instruct the City Clerk to record the vote on the resolution as 3-2 in accordance with
the vote taken on September 23.
3) Authorize the Mayor to execute the resolution.
Agenda Item No. 17
Page 1 of 26
,
'L-
Minor Design Review For K Hovanian Homes
October 14, 2008
Page Two
Prepared By:
Tom Weiner,~
Acting Director of Community Development
Approved By:
Robert A. Brady() Ml
City Manager It..V
Attachments:
1. Resolution of the City Council Approving Minor Design Review No. 2008-01 for
Tract 32337-2 of La Laguna Estates.
2. Conditions of Approval
Agenda Item No. 17
Page 2 of 26
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR
DESIGN REVIEW 2008-01 FOR TRACT 32337-2 OF LA LAGUNA
ESTATES
WHEREAS, K Hovanian Homes filed an application with the City of Lake
Elsinore requesting administrative approval of a Minor Design Review 2008-01 for Tract
32337-2 of La Laguna Estates; and
WHEREAS, pursuant to the La Laguna Estates Specific Plan, the Director
of Community Development is vested with authority to review and administratively
approve the design of each phase of development within the La Laguna Estates
Specific Plan by way of a minor design review; and
WHEREAS, after reviewing the applicant's submittal, the Director of
Community Development denied the minor design review on the basis that the design
and architectural elements of the proposed development did not comply with the terms
and conditions of the La Laguna Estates Specific Plan; and
WHEREAS, K Hovanian Homes, the applicant, disagreed with the
Director's decision and appealed to the Planning Commission, which upheld the
Director's decision to deny the minor design review; and
WHEREAS, because the applicant, K Hovanian Homes, disagreed with
the Planning Commission's decision, the applicant appealed to the City Council;
WHEREAS, on September 23, 2008, the City Council held a public
hearing on K Hovanian Homes' appeal and granted the applicant's request; and
WHEREAS, the City Council made findings on the record approving the
minor design review as proposed by the applicant; and
WHEREAS, on September 23, 2008, the City Council directed staff to
prepare a resolution approving the minor design review, incorporating findings made on
the record at the public hearing on the appeal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER
AS FOLLOWS:
SECTION 1. The City Council has considered the proposed design
presented in Minor Design Review 2008-01 and has found it acceptable. The City
Council finds and determines that the design is consistent with the La Laguna Estates
Specific Plan.
SECTION 2. The City Council finds and determines that:
1. The minor design review, as approved, will comply with the goals and objectives
of the General Plan and the Zoning District in which the project is located.
1
Agenda Item No. 17
Page 3 of 26
2. The minor design review complies with the design directives contained in
Section 17.82.060 and all other applicable provisions of the Municipal Code and
the La Laguna Estates Specific Plan.
3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees
and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to insure development I of the property in
accordance with the objectives of Chapter 17.82 on Design Reviews and the
planning district in which the site is located.
I
4. The scale and spatial relationship of all structures is appropriate to the site and
to surrounding developments. Structures are located on their lots so as to
create interest and varying vistas as a person moves along the street.
5. The design concept complements the quality of existing development and
creates a visually pleasing, non-detractive relationship between the proposed
and existing projects. Garish colors at substantial deviance to the rest of the
neighborhood.
6. Exterior materials evidence a concern for quality and originality. Materials
exemplify the special characteristics of the product and demonstrate the unique
application. Tilt-up panels employing formed design or with exposed aggregate
is preferable to smooth-surface or painted panels. Similarly, metal as an
enhancement material is acceptable while plain metal buildings are not. Paint,
in general, should be considered an enhancement tool but should not be
considered a replacement for the use of textured surfaces.
7. Visible electrical, mechanical and special processing equipment such vent
stacks as well as similar features are avoided; however, if essential should be
screened and said screening should be an integral aspect of the project design.
8. The design of accessory structures, fences, and walls are harmonious with the
design of the principal structures and employ compatible building materials.
9. The minor design review demonstrates a respect for neighboring property's
privacy, quiet, function, or views, and elements of the design including, but not
limited to, openings, docks, and equipment placement is not located in such a
way as to create a nuisance for an adjoining property.
10. The minor design review is designed in such a way that its circulation patterns
and parking areas are efficient and do not impact traffic on adjoining right-of-
ways.
11. Landscaping is evenly divided over the site and will be visually attractive
regardless of the season. In addition to its aesthetic attributes, landscaping will
be available to screen parking and storage areas and to shade parking lots.
12. The minor design review should demonstrate concern for solar orientation and
other forms of energy conservation. Deep eaves, overhangs, canopies, and
other features that provide shelter and shade should be apparent in the design.
2
Agenda Item No. 17
Page 4 of 26
13. The design is harmonious with the topography of the site in order to minimize
the requirement for grading and the associated disruption of the City's scenic
amenities.
14. The size and scale of signs is harmonious with the overall design concept of the
project and materials and colors should reflect those used for the principal
structures. Signs should enhance, not dominate or distract from the appearance
of the project.
SECTION 3. Based upon the evidence presented, the above findings,
and the conditions of approval, the City Council hereby approves the Minor Design
Review application.
SECTION 4. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOPTED this 23rd day of September,
2008, by the following vote:
AYES: Mayor Daryl Hickman,
Councilman Robert E. Magee and Councilman Robert Schiffner
NOES: Mayor Pro Tem Genie Kelley and Councilman Thomas Buckley
ABSENT: None
ABSTAIN: None
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
BARBARA LEIBOLD, CITY ATTORNEY
CITY OF LAKE ELSINORE
3
Agenda Item No. 17
Page 5 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (tV, LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
PLANNING DIVISION
(Note: Fees listed in the Conditions of Approval are the best estimates available at
the time of approval. The exact fee amounts will be reviewed at the time of
building permit issuance and may be revised.)
I. Approval Expiration. The approval of this Minor Design Review for K.
Hovnanian Homes @ La Laguna Estates will lapse and be void unless a
building permit is issued within two (2) years of approval. The applicant may
request an extension of time by submitting an application and required fees a
minimum of one (I) month prior to the expiration date. The Director of
Community Development may grant an extension of time for up to one (I) year
prior to the expiration of the initial Minor Design Review approval.
2. Indemnity. The applicant shall defend (with counsel acceptable to the City),
indemnify, and hold harmless the City, its Officials, Officers, Employees, and
Agents from any claim, action, or proceeding against the City, its Officials,
Officers, Employees or Agents, concerning the project attached hereto.
3. Revision to Plans. All site improvements shall be constructed as indicated on
the approved plotting plan and building elevations or as specified by these
Conditions of Approval. Any other revisions to the approved plotting plan or
building elevations shall be subject to approval of the Community Development
Director or designee.
4. Development Standards. All lots shall meet the minimum setback requirements
of the single Family Development Standards of the La Laguna Estates Specific
Plan, Amendment No. I. Where dimensions are missing on conceptual plans, it
is assumed that Precise Grading Plans will comply with these setback
requirements.
Page 1 of21
Agenda Item No. 17
Page 6 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES tal LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
5. Building Codes. All lots shall comply with building codes in effect at the City,
including the requirements of the Fire Hazard Safety Zone which applies to this
site.
6. Wall Material. All walls visible to the public shall be constructed of stucco,
slumpstone, sand, Spanish lace or smooth or flat finish stucco, to match the
interior masonry walls in color and style, consistent in treatment with the
adjacent buildings.
7. Fencing on Slopes. Wood fencing on slopes shall be replaced with tubular steel.
8. Retaining Walls. Front. Retaining walls within front yards shall be limited to
three feet in height.
9. Retaining Walls. Rear. Retaining walls within rear yards shall be limited to six
feet. An acceptable method of compliance is to have two or more wall systems
separated by landscaping.
IO.Use of Colors & Materials. Materials and colors depicted on the approved
materials boards shall be used unless modified by the applicant and approved
by the Community Development Director or designee.
I I .Stvle & Color Distribution. Applicant shall submit, for review and approval by
the Community Development Director or his designee, a detailed Plotting Plan
prior to the issuance of building permits for each phase, which indicates the
style and color scheme to be used on each lot. Styles shall be evenly distributed
throughout the site. The identical product and/or color scheme shall not be
constructed directly across or adjacent to one another.
l2.Prior Approvals. Applicant shaIl comply with all requirements of the
underlying Tract Map Nos. 32337 and 32336, and conditions of approval for
Amendment No. I to the La Laguna Estates Specific Plan, unless superceded by
Page2of21
Agenda Item No. 17
Page 7 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (tV, LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
these conditions.
a. Applicant shall comply with all relevant Mitigation Monitoring
Program requirements as set forth in Addendum No. 1 to the La
Laguna Estates Specific Plan. Applicant shall provide a Mitigation
Monitoring Program Report on a quarterly basis during construction.
b. Applicant shall meet all applicable specific plan requirements and
standards, or where they are silent, City Codes and Ordinances.
13.RDA. This project is not within a designated Redevelopment Agency Project
Area.
1 4. Hours of Construction. The City's Noise Ordinance shall be met during all site
preparation activity. Construction shall not commence before 7:00 a.m. and
shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not
take place on Saturday, Sunday or any legal holidays.
The applicant shall place a weatherproof 3-foot X 3-foot sign at the entrance to
the project site identifying the approved days and hours of construction activity
and a statement that complaints regarding the construction activity can be
lodged with the City of Lake Elsinore code Enforcement Division at (951) 674-
3124.
15.Violations. Upon violation by the applicant of the City's Noise Ordinance or
related Conditions of Approval herein, the applicant shall cease all construction
activities and shall be permitted to recommence such activities only upon
depositing with the City a $5,000 cash deposit available to be drawn upon by
the City to fund any future law enforcement needs that may be caused by
potential project construction violations and the enforcement of the City's
Noise Ordinance and Condition of Approval. The applicant shall replenish the
deposit upon notice by the City that the remaining balance is equal to or less
Page 3 of21
Agenda Item No. 17
Page 8 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (ill, LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
than $1,000.
16.Construction Trailers. A cash bond of $1,000.00 shall be required for any
construction trailers used during construction. Bonds will be released after
removal of trailers and restoration of the site to an acceptable state, subject to
the approval of the Director of Community Development or designee.
17.EVMWD. The project shall connect to sewer and meet all requirements for
water availability of the Elsinore Valley Municipal Water District (EVMWD).
Applicant shall submit water and sewer plans to the EVMWD and shall
incorporate all district conditions and standards, including payment of
applicable water and sewer connection fees.
a. The applicant shall submit a "Will Serve" letter to the City
Engineering Division from the applicable water agency stating that
water and sewer arrangements have been made for this project and
specify the technical data for the water services at the location, such
as water pressure and volume, etc. The applicant shall submit this
letter to the Community Development Department prior to applying
for a building permit. In addition, the applicant shall request that the
Riverside County Fire Department independently review and provide
a written report of the sufficiency of water pressure and volume vis-a-
vis the project. To the extent the Riverside County Fire Department
issues a written report, that report shall be submitted to the Director of
Community Development for review, prior to the issuance of a
grading permit.
18.Garages. Garages shall be constructed to provide a minimum of ten feet by
twenty feet (10' x 20') of clear space for each of two cars. Side-by-side, the
total interior clear space of twenty feet by twenty feet (20' x 20') is required.
19.Anti-Graffiti. All theme walls are required to be coated with anti-graffiti paint.
Page4of21
Agenda Item No. 17
Page 9 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (tV, LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
20.Construction Drawings. Construction drawings shall use clearly identifiable and
distinguishable symbols for the different types of walls and fences proposed.
Construction drawings shall be reviewed to ensure inclusion of these
Conditions of Approval.
21.Construction drawings shall indicate that wall returns and walls fronting the
street between residential units shall be constructed of masonry block, and
match up to project block walls or residential buildings in color, texture and
style.
22.Walls or fences located in any front yard shall not exceed thirty-six inches (36")
in height with the exception that wrought-iron fences may be five feet (5') in
height. Chain link fences shall be prohibited.
23.Construction drawings shall indicate the replacement of wood or block wall
with tubular steel view fencing on slopes.
24.Any tubular steel view fence installed shall be of industrial-grade material for
safety purposes.
25.Construction drawings for Interior Wood Fence shall comply with the City
Standard Drawing Exhibit 'A.'
26.A six-foot (6') decorative block wall shall be required along all side and rear
property lines of the subdivision in compliance with the Architectural
Guidelines contained in the La Laguna Estates Specific Plan Amendment No.1.
A "Wall and Fencing Plan" shall be submitted for the entire project prior to the
issuance of any building permits, subject to the review and approval of the
Director of Community Development or his designee. Through this review
process, it shall be determined if any existing fences need to be replaced. The
applicant shall work with the existing adjacent property owners to coordinate
Page 5 of21
Agenda Item No. 17
Page 10 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (a) LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
any necessary replacement of existing fenceslblock walls.
27.FMZ. The applicant shall abide by the approved Fuel Modification Plan for
Tract 32337, and all conditions of approval of said tract.
28.Four-sided Articulation. Full architectural treatments as depicted on exhibits or
conditioned by these conditions of approval, shall be required for both the first
and second story elevations. The applicant may submit to the Driector of
Community Development or his designee, for review and approval, evidence
that a particular elevation is hidden from public view, and in those instances, to
be determined by the Director of Community Development or his designee on a
case-by-case basis, this condition may be waived. Elevations visible as a result
of elevation changes between homes will not be considered for waiver of this
condition.
29.Fire Department Primary & Secondary Access. The applicant shall consult
with the Building and Safety Manager and Riverside County Fire Department in
order to meet primary and secondary access requirements of that agency during
all phases of construction once combustibles are brought to the site. The
applicant shall meet all applicable County Fire Department requirements for
fire protection of the project site.
30.Signage. All signage shall be reviewed and approved by the Director of
Community Development or his designee, and shall require the issuance of a
Sign Permit as appropriate.
31.CC&Rs. The applicant has provided evidence that the formation of a
homeowners' association (HOA) has been completed, and that the 98 lots to
which this MDR applies are included within the HOA.
a. CC&Rs prohibit on-street storage of boats, motor homes, trailers and
trucks over one-ton capacity.
Page6of21
Agenda Item No. 17
Page 11 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES tal LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
b. CC&Rs prohibit roof-mounted or front-yard mIcrowave satellite
antennas.
c. All lettered lots shall be owned and maintained by the HOA and so
noted on the Final Map.
Prior to Issuance of Building/Grading Permits
32.Acknowledgment of Conditions. Prior to issuance of any precise grading
permits or building permits, the applicant shall sign and complete an
"Acknowledgment of Conditions" and shall return the executed original to the
Community Development Department for inclusion in the case records.
33.Grading Ordinance Compliance. Applicant shall comply with all requirements
of the City's Grading Ordinance. Construction generated dust and erosion shall
be mitigated in accordance with the provisions of Municipal Code, Chapter
15.72 and using accepted control techniques. Interim erosion control measures
shall be provided thirty (30) days after the site's rough grading, as approved by
the City Engineer.
34.Plancheck Submittal. These Conditions of Approval shall be reproduced upon
Page One of the Building Plans prior to their acceptance by the Building and
Safety Division.
35.UBC. The applicant shall submit for review and approval by the Building
Division building plans that are designed to current UBC and adopted codes,
and meet all applicable Building and Safety Division requirements.
36.Trash Concrete Pads. Applicant shall provide a flat concrete pad or area a
minimum of 3'- 0" by 7'- 0" adjacent to each dwelling. The storage pad or area
shall conceal the trash barrels from public view, subject to the approval of the
Page 7 of21
Agenda Item No. 17
Page 12 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (tV, LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
Community Development Director or his designee.
37.Drivewavs. Driveways shall be constructed of concrete per Building and Safety
Division standards.
38.Building Addresses. The building addresses shall be a minimum of four inches
(4") high and shall be easily visible from the public right-of-way. Developer
shall obtain street addresses for all project lots prior to issuance of building
permits. The addresses (in numerals at least four inches (4" high) shall be
displayed near the entrance and be visible from the front of the unit. Care
should be taken to select colors and materials that contract with building walls
or trim.
39.Meeting with Contractor. Prior to Building Permits the Construction Supervisor
shall meet with the Planning Division to review the Conditions of Approval.
40.Landscape & Irrigation Plans. Landscaping and Irrigation installed for each
floorplan shall comply with the approved Typical Front Yard Plans for these
products. Landscaping and Irrigation Details for HOA maintained areas and
Individual slopes shall be submitted for review and approval by the City
Landscape Architect and the Director of Community Development. A Cost
Estimate shall be prepared and submitted for review and approval prior to
issuance of building permits. Landscape Inspection Fee shall be paid for the
entire project prior to the issuance of building permits.
Page 8 of21
Agenda Item No. 17
Page 13 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (a2 LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
a. Street Trees. The applicant shall install street trees to match existing
street trees a maximum of thirty feet (30') apart, and at least twenty-
four inch (24") box in size.
b. Sight Visibilitv.. Planting within fifteen feet (15') of ingress/egress
points shall be no higher than thirty-six-inches (36").
c. Water Conservation. The landscape plan shall provide for ground
cover, shrubs, and trees and meet all requirements of the City's
adopted Landscape Guidelines. Special attention to the use of
Xeriscape or drought resistant plantings with combination drip
irrigation system to be used to prevent excessive watering.
d. Easements. Landscaping shall be shown and installed on both sides of
any drainage easements not within a residential lot.
e. Drainage facilities. Particular attention shall be given to the screening
of drainage facilities from public view or adjacent residences.
f. Downslopes. Down slopes adjacent to streets shall be planted and
irrigated by the developer and maintained by the HOA.
g. Enhanced Landscape Areas. Construction drawings shall comply with
the enhanced and varied setback along McVicker Canyon Park Road
as shown on the exhibit presented to the Planning Commission on
July 6, 2004. Particular attention shall be paid to wall treatments.
Maintenance of this parkway shall be the responsibility ofthe HOA.
4 I .Open Space Landscape Installation. All adjacent open space areas shall be
completely landscaped and restored if graded, and irrigation systems
operational, prior to the issuance of a building permit for the adjacent phase.
Page 9 of21
Agenda Item No. 17
Page 14 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (tV, LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
42.LEUSD. Under the provisions of SB 50, the applicant shall pay school fees to
the Lake Elsinore Unified School District prior to issuance of building permits.
The applicant shall provide evidence that all required school fees have been
paid.
43.EVMWD. The Elsinore Valley Municipal Water District requires the applicant
to construct facilities per District approved plans, and to request a "Will Serve"
letter from the District.
44.RCWCFCD. The Riverside County Flood Control and Water Conservation
District requires the applicant to pay drainage fees adopted for the West
Elsinore Area Drainage Plan. Fees shall be paid by cashier's check or money
order only to the Flood Control District prior to issuance of grading permits.
Fees paid are at the rate in effect at the time of issuance of the actual permit.
45.Encroachment Permit. An encroachment permit shall be obtained for any
construction related activities occurring within the District right-of-way or
facilities, specifically McVicker Canyon Basin.
46.Park Fees. Prior to issuance of building permits, the applicant shall pay park-in-
lieu fees in effect at the time of building permit issuance.
47.Ground Mounted Equipment. All mechanical and electrical equipment on the
building shall be ground mounted. All outdoor ground or wall mounted utility
equipment shall be consolidated in a central location and architecturally
screened along with substantial landscaping, subject to the approval of the
Director of Community Development, prior to issuance of building permits. If
the equipment is placed behind the fencing, landscaping will not be required.
Air conditioning and related equipment located in side yards shall maintain a
minimum of 3 feet of unobstructed, leveled clearance between the equipment
and the adjacent property line.
Page 10 of21
Agenda Item No. 17
Page 15 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES @ LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
Prior to Final Approval
48.Issuance of Occupancy. The applicant shall meet all Conditions of Approval
prior to the issuance of a Certificate of Occupancy and release of utilities.
49.Painted Fencing. Prior to final approval, all wood fencing shall be painted or
treated with a high-grade, solid body, penetrating stain approved by the
Community Development Director or his designee.
50.Landscaping & Irrigation Installed. All front yards and the side yards on comer
lots shall be properly landscaped and irrigated with an automatic underground
irrigation system to provide 100% plant and grass coverage using a combination
of drip and conventional irrigation methods.
a. Phasing. All landscaping and irrigation shall be installed within an
affected portion of any phase at the time a building permit is requested
for any building.
b. Consistency with Approved Plans. Final landscape plan must be
consistent with the approved site plan.
c. Slope Landscaping. All exposed slopes in excess of three feet in height
within the subject tract and within private lots shall have a permanent
irrigation system and erosion control vegetation installed, as approved
by the Landscape Architect and Planning Division, prior to issuance of
certificate of occupancy.
d. Open Space. All adjacent Open Space areas shall be completely
landscaped and restored if graded, prior to issuance of a building permit
for the adjacent phase.
e. Landscape Bond. All landscape improvements shall be bonded with a
Page 11 of21
Agenda Item No. 17
Page 16 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES em LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
100 percent Faithful Performance Bond for labor and materials for
two years from Certificate of Occupancy.
ENGINEERING DIVISION
General Requirements:
1. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall
be required if the grading exceeds 50 cubic yards or the existing flow pattern is
substantially modified as determined by the City Engineer. If the grading is less
than 50 cubic yards and a grading plan is not required, a grading permit shall
still be obtained so that a cursory drainage and flow pattern inspection can be
conducted before grading begins.
2. Prior to commencement of grading operations, applicant to provide to the City
with a map of all proposed haul routes to be used for movement of export
material. Such routes shall be subject to the review and approval of the City
Engineer.
3. All grading shall be done under the supervision of a geotechnical engineer and
he shall certify all slopes steeper than 2 to 1 for stability and proper erosion
control.
4. This project shall comply with the Conditions of Approval of Tract 32337.
5. Phasing Plan shall be approved by the City Engineer. Bond public
improvements for each Phase as approved by the City Engineer.
6. An Encroachment Permit shall be obtained prior to any work on City right-of-
way.
7. Arrangements for relocation of utility company facilities (power poles, vaults,
Page 12 of21
Agenda Item No. 17
Page 17 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (tV, LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
etc.) out of the roadway or alley shall be the responsibility of the property
owner or his agent. Overhead utilities shall be undergrounded.
8. Underground water rights shall be dedicated to the City pursuant to the
provisions of Section 16.52.030 (LEMC), and consistent with the City's
agreement with the Elsinore Valley Municipal Water District.
9. The applicant shall install permanent bench marks per Riverside County
Standards and at locations to be determined by the City Engineer.
10.Provide fire protection facilities as required in writing by Riverside County Fire
Department.
I ~
II.Applicant shall pay all applicable development fees, including but not all
inclusive: TUMF, MSHCP, TIF and area drainage fees.
!
"
,
12.10 year storm runoff shall be contained within the curb and the 100 year storm
runoff shall be contained within the street right-of-way. When either of these
criteria are exceeded, drainage facilities shall be provided.
13.All drainage facilities in this project shall be constructed to Riverside County
Flood Control District Standards.
i
'I
I
1
14.All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 y," x 11" Mylar) shall be submitted to the Engineering
Division before final inspection of public works improvements will be
scheduled and approved.
15.Slope maintenance along public right-of-ways shall be maintained by a
homeowner's association or other maintenance mechanism as approved by the
City.
I:
il
r
Page 13 of21
Agenda Item No. 17
Page 18 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (a!, LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
16.AlI open space and slopes (except for public parks and schools) and flood
control facilities outside the public right-of-way shall be owned and maintained
by homeowner's association.
17.AlI waste material, debris, vegetation and other rubbish generated during
cleaning, demolition, clear and grubbing or other phases of the construction
shall be disposed of at appropriate recycling centers. The applicant should
contract with CR&R Inc. for recycling and storage container services, but the
applicant may use the services of another recycling vendor. Another recycling
vendor, other than CR&R Inc., cannot charge the applicant for bin rental or
solid waste disposal. If the applicant is not using CR&R Inc. for recycling
services and the recycling material is either sold or donated to another vendor,
the applicant shall supply proof of debris disposal at a recycling center,
including verification of tonnage by certified weigh master tickets.
18.0n-site drainage shall be conveyed to a public facility, accepted by adjacent
property owners by a letter of drainage acceptance, or conveyed to a drainage
easement.
19.AlI natural drainage traversing the site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City Engineer.
20.Roof drains shall not be allowed to outlet directly through coring in the street
curb. Roofs should drain to a landscaped area.
21.Applicant shall comply with all NPDES requirements in effect; including the
submittal of a Water Quality Management Plan (WQMP) as required per the
Santa Ana Regional Water Quality Control Board. The requirements ofWQMP
may affect the overall layout of the project. Therefore, WQMP submittal should
be during the initial process of the project.
22.Education guidelines and Best Management Practices (BMP) shall be provided
Page 14 of21
Agenda Item No. 17
Page 19 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES tal LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
to residents of the development in the use of herbicides, pesticides, fertilizers as
well as other environmental awareness education materials on good
housekeeping practices that contribute to protection of storm water quality and
met the goals of the BMP in Supplement "A" in the Riverside County NPDES
Drainage Area Management Plan. (Required for lot of one acre or more)
23.Applicant shall provide BMP's that wilI reduce storm water pollutants from
parking areas and driveway aisles. (Required for lot of one acre or more)
24.City of Lake Elsinore has adopted ordinances for storm water management and
discharge control. In accordance with state and federal law, these local storm
water ordinances prohibit the discharge of waste into storm drain system or
local surface waters. Thisinc1udes non-storm water discharges containing oil,
grease, detergents, trash, or other waste remains. Brochures of "Storm water
Pollution, What You Should Know" describing preventing measures are
available at City Hall.
PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain
system, or waterways -without Regional Water Quality Control Board permit or
waver - is strictly prohibited by local ordinances and state and federal law.
Prior to Issuance of a Grading Permit
25.Streets with a slope greater than 9% shall be redesigned to 9% or less, unless
approved by the City Engineer.
26.The cul-de-sac length of"B" Street shall be approved by the Fire Department.
27.Maintenance access shall be provided to all open spaces and drainage facilities
and easements.
Page IS of21
Agenda Item No. 17
Page 20 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (ill LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
28.A Calif. Registered Civil Engineer shall prepare street and traffic improvement
plans and specifications for the street improvements as shown on the Tract
Map. Improvements shall be designed and constructed to Riverside County
Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street
improvement plans shall include curb and gutter, sidewalk, street lighting, ac
pavement and drainage improvements.
29.Make an offer of dedication for all public streets and easements required by
these conditions or as shown on the Tract Map. All land so offered shall be
granted to the City free and clear of all liens and encumbrances and without
cost to the city.
30.Applicant shall submit signing and stnpmg plans for the required street
improvements. All signing and striping and traffic control devices shall be
installed prior to final inspection of public improvements. The signing and
striping shall include Street Name Signs, No Parking and Street Sweeping Signs
for streets within the project.
31.Submit grading plans with appropriate security, Hydrology, and Hydraulic
Reports prepared by a Registered Civil Engineer for approval by the City
Engineer. The grading plans shall include mitigation/protection of any flooding
and/or erosion downstream caused by development of the site and/or diversion
of drainage. The grading plan shall also show that no structures, landscaping, or
equipment are located near or at street intersections in order to meet sight
distance standards.
32.Construction Project access and hauling route plan shall be submitted and
approved by the City Engineer,
33.Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
Page 16 of2!
Agenda Item No. 17
Page 21 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (tV, LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
34.An Alquist-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
35.The applicant shall obtain all necessary off-site easements and/or permits for
off-site grading and/or drainage acceptance from the adjacent property owners
prior to grading permit issuance.
36.Applicant to provide erosion control measures as part of their grading plan. The
applicant shall contribute to protection of storm water quality and meet the
goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage
Area Management Plan.
37.Applicant shall provide the city with proof of his having filed a Notice ofIntent
with the Regional Water Quality Control Board for the National Pollutant
Discharge Elimination System (NPDES) program with a storm water pollution
prevention plan prior to issuance of grading permits. The applicant shan
provide a SWPPP for post construction, which describes BMP's that will be
implemented for the development including maintenance responsibilities. The
applicant shall submit the SWPPP to the City for review and approval.
38.The applicant shall provide an approved WQMP plan.
Prior to Issuance of Building Permit
39.Submit a "Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have been
made for this project and specify the technical data for the water service at the
location. such as water pressure and volume etc. Submit this letter prior to
applying for a building permit.
40.Provide proof that no structures, landscaping, or equipment are located at
Page 17 of21
Agenda Item No. 17
Page 22 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (a!, LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
intersections and street curves that minimize sight distance standards.
41.WQMP and erosion control plans shall be in place to the satisfaction of the City
Engineer.
42.Pay all Capital Improvement TIF and Master Drainage Fees, and Plan Check
fees (LEMC 16.34).
Prior to Occupancy
43.Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Division for construction of off-site public works improvements
(LEMCI2.08, Res.83-78). All fees and requirements for an encroachment
permit shall be fulfilled before Certificate of Occupancy.
44.All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering
Division before final inspection of off-site improvements will be scheduled and
approved.
45.All public improvements shall be completed in accordance with the approved
plans or as conditions of development to the satisfaction of the City Engineer.
All Public Works improvements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior to
final map approval. The improvements shall include street and drainage
improvements, street lighting, and associated traffic improvements related to
the proj ect.
46.All signing and striping and traffic control devices shall be installed. This
includes Street Name Signs, No Parking and Street Sweeping Signs for streets
within the tract.
Page 18 of21
Agenda Item No. 17
Page 23 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (tV, LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
47.Water and sewer improvements shall be completed in accordance with Water
District requirements.
48.Proof of acceptance and maintenance responsibility shall be provided for all
open spaces, slopes, and and drainage facilities.
49.TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time
when the Certificate of Occupancy is obtained.
50.Post construction erosion controls and landscaping shall be installed and
approved by the City Engineer.
. DEPARTMENT OF ADMINISTRATIVE SERVICES
1. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special
Use Permit or building permit (as applicable), the developer shall annex into the
Mello-Roos Community Facilities District 2003-1 to offset the annual negative
fiscal impacts of the project on public safety operations and maintenance issues
in the City. Applicant shall make a four thousand two hundred dollar ($4,200)
non-refundable deposit to cover the cost of the annexation process. Contact
Dennis Anderson, Harris & Associates at (949) 655-3900 Ext 334 or
danderson(a),harris-assoc.com.
2. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special
Use Permit or building permit (as applicable), the developer shall annex into the
Mello-Roos Community Facilities District 2006-5 to fund the on-going
operation and maintenance of the new parks, parkways, open space and public
storm drains constructed within the development and federal NPDES
requirements to offset the annual negative fiscal impacts of the project.
Applicant shall make a four thousand two hundred dollar ($4,200) non-
refundable deposit to cover the cost of the annexation process. Contact Dennis
Page 19 of21
Agenda Item No. 17
Page 24 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES tal LA LAGUNA ESTATES.
FOR 98 LOTS IN TRACT MAP 32337-2
Anderson, Harris & Associates at (949) 655-3900 Ext 334 or
danderson(ZiJ,harris-assoc.com.
3. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special
Use Permit or building permit (as applicable), the developer shall annex into
Lighting and Landscaping Maintenance District No. I to offset the annual
negative fiscal impacts of the project on public right-of-way landscaped areas to
be maintained by the City and for street lights in the public right-of-way for
which the City will pay for electricity and a maintenance fee to Southern
California Edison. Applicant shall make a four thousand seven hundred dollar
($4,700) non-refundable deposit to cover the cost of the annexation process.
Contact Dennis Anderson, Harris & Associates at (949) 655-3900 Extension
334 or danderson(ZiJ,harris-assoc.com.
PARKS AND RECREATION DEPARTMENT
I. Developer to pay park fees of $1,600 per unit (94 units @ $1,600 = $150,400).
2. Developer will be required to participate in the "Public Facility" fee program.
3. Developer to comply with all NPDES storm water requirements.
4. All interior landscape, recreation areas, facilities and/or open space to be
maintained by the HOA. No park credits.
5. HOA to maintain all park and common landscape areas.
6. HOA to maintain all natural and manufactured slopes.
7. HOA to maintain all drainage facilities and structures.
Page 20 of 21
Agenda Item No. 17
Page 25 of 26
CONDITIONS OF APPROVAL
FOR MINOR DESIGN REVIEW
BY K. HOVNANIAN HOMES (tV, LA LAGUNA ESTATES,
FOR 98 LOTS IN TRACT MAP 32337-2
8. HOA to maintain all catch basins, collectors, v-ditches or any other related
flood control or storm water control device.
9. HOA to maintain all exterior walls and landscaping.
I O.Developer to participate in the City-wide LLMD.
I I.Developer to annex into LLMD District I for all exterior landscaping to be
maintained by the City.
12.Developer to comply with all City Ordinances regarding construction debris
removal and recycling as per Section 8.32 of the Lake Elsinore Municipal
Code.
13.Developer to provide City with an inventory of all street signs, street markings,
street trees and total square footage of all streets in a digital format acceptable
to the City.
14.Developer to meet City curb, gutter and sidewalk requirements.
15.City's Landscape Architect to review all landscape and/or irrigation plans.
(End of Conditions)
Page 21 of21
Agenda Item No. 17
Page 26 of 26
CITY OF ~
LAKE 6LSiNORf:
, I
~.-'" DREAM E,J(TREMEw
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY,
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT:
GENERAL PLAN UPDATE AND DRAFT
ENVIRONMENTAL IMPACT REPORT
INTRODUCTION
Staff has completed its analysis of the land use change requests that were presented to
the Planning Commission by members of the public during the public hearings held on the
General Plan Update in April and May of this year. Many of the land use change requests
made sense and some did not. Staff prepared a recommendation with regard to each
request.
When reviewing the proposed change requests, staff identified many errors in the General
Plan Update text, land use map, and district plans. Staff has made independent
recommendations with regard to changes that are necessary to cure the errors identified.
The change requests and staffs recommendations on each request are set forth in
Attachment "1" attached hereto and entitled: "General Plan Update Land Use Requests."
Changes to the General Plan Update land use maps are set forth in Attachment "2"
attached hereto and entitled: "Revised Land Use Maps." Proposed textual changes to the
General Plan Update and district plans are set forth in Attachment "3" attached hereto and
entitled: "Textual Changes to General Plan Update and District Plans." In addition, for the
Council's reference, Minutes from the Planning Commission's April 15, April 28, May 6,
May 20, and September 16, 2008, meetings are attached as Attachment "4".
On September 16, 2008, the Planning Commission considered staffs recommendation to
make those changes to the General Plan Update set forth in Attachment "1", Attachment
"2", and Attachment "3". The Planning Commission voted 4-1 to recommend to the City
Council that the proposed land use map in the Draft General Plan Update be revised as
recommended by staff and that all necessary and appropriate changes to the text of the
proposed General Plan Update be completed and that the Draft Environm~@h!rn~~ No. 18
Page 1 of 71
General Plan Update
October 14, 2008
Page 2
Report (EIR) be revised and recirculated, if necessary, prior to presentment of the Final
EIR and General Plan Update to the City Council for adoption.
DISCUSSION
ProceduralConsideraUons
At this point, staff requests direction from the Council on how to proceed relative to the
change requests. The changes that staff identified and that the Planning Commission
recommends that the City Council approve are important changes. In many instances land
uses were completely wrong, policies under or over stated, and flexibility curtailed. It is
ultimately an issue to be resolved by the Council whether the recommended changes be
made or not.
The City Council has several options before it tonight. They are as follows.
Ootion 1
Consider and approve all of the changes recommended by staff and the Planning
Commission.
If the City Council chooses option 1 and approves all of the recommended changes, the
City Council will need to direct staff to:
1) make the changes to the General Plan Update text, district plans and maps;
2) revise the General Plan Update Draft Environmental Impact Report, including
revision of any technical studies;
3) recirculate the General Plan Update Draft Environmental Impact Report, in
whole or in part, as necessary;
.4) respond to comments received on the revised and recirculated Draft
Environmental Impact Report; and
5) prepare the revised Draft General Plan Update text, district plans and maps
and the revised and recirculated Draft Environmental Impact Report for
Planning Commission consideration.
Ootion 2
Consider and approve in part and reject in part the changes recommended by staff and the
Planning Commission.
If the City Council chooses option 2 and approves in part and rejects in part the
recommended changes, the City Council will need to direct staff to undertake each of the
five steps identified above, but only for those recommended changes that the City Council
approves.
Agenda Item No. 18
Page 2 of 71
General Plan Update
October 14, 2008
Page 3
Ootion 3
Consider and reject all of the changes recommend by staff and the Planning Commission.
If the City Council chooses option 3 and rejects all of the recommended changes, the City
Council will need to direct staff to:
1 ) finalize the General Plan Update text, district plans and maps without any of the
recommended changes;
2) finalize Responses to Comments on the Draft Environmental Impact Report;
3) finalize preparation of the Draft Environmental Impact Report;
4) prepare the finalized General Plan Update and Draft Environmental Impact Report
for Planning Commission consideration and recommendation;
5) prepare the finalized General Plan Update and Draft Environmental Impact Report
for final presentment to the City Council.
Each of these options implicate various timing and financial considerations, which will be
addressed separately below.
Additional Land Use Requests Raised on September 17,2008
Several additional requests were raised at the Planning Commission's September 17, 2008
public hearing. The Planning Commission did not make a recommendation'to the City
Council regarding these requests. However, out of fairness to the speaker, staff thought it
appropriate to notify the City Council of these requests.
Castle & Cooke
Tom Tomlinson of Castle & Cooke asked the Planning Commission to consider three
things. First, he requested that the Bowtie Annexation property be designated as Specific
Plan instead of General Commercial (see Alberhill District Land Use Map). this change
should not be made because the Bowtie Annexation property is not part of the Alberhill
Ranch Specific Plan. The Bowtie Annexation property can be added to the Alberhill Ranch
Specific Plan but that must be done through a Specific Plan Amendment, not byway of the
General Plan Update.
Second, Mr. Tomlinson requested that the Whittier Christian property (an "L" shaped
parcel) in the North Central Sphere and just above the Nichols Canyon Mine be designated
something other than Open Space. Mr. Preisendanz indicated that staff recOmmended
that the land use designation be changed to Hillside Residential.
Third, Mr. Tomlinson indicated that he was "very disappointed" that the City refused to
follow Castle & Cooke's traffic engineer's analysis ofthe Pacific Clay property. The dispute
here relates to whether the City should deviate from its standard of evaluating traffic in
Agenda Item No. 18
Page 3 of 71
General Plan Update
October 14, 2008
Page 4
order to accommodate Castle & Cooke.
It is the City's standard approach to analyze traffic impacts using the mid-range of each
permitted use. That is, if the property's land use designation is Low-Medium Density (1-3
dwelling units per acre) then the traffic analysis will assume development at 2 dwelling
units per acre - the mid point between 1 and 3. With regard to the Pacific Clay property,
the City's traffic engineer (Urban Crossroads) analyzed traffic counts based upon 4
dwelling units per acre.
The reason that 4 dwelling units per acre was used is that the Pacific Clay property is
subject to a Development Agreement. The Development Agreement indicates that
development shall occur in accordance with the rules and regulations in effect at the time
that the Development Agreement became effective. The rules in effect at the time the
Development Agreement became effective are set forth in the Current General Plan. The
Current General Plan designates the Pacific Clay property as Future Specific Plan "S". No
new development can occur within a Future Specific Plan unless and until a Specific Plan
is adopted for that area. Notwithstanding this, some of the Future Specific Plan
designations give an idea of the general character of development contemplated for the
area. Future Specific Plan S would permit a development intensity of a maximum of 6
dwelling units per acre.
Castle & Cooke contends that the City should have analyzed traffic for the Pacific Clay
property at 6 dwelling units per acre. They believe that the difference between analyzing
traffic at 6 dwelling units per acre and 4 dwelling units per acre is significant. Staff
disagrees and elected not to deviate from its standard practice and procedure for just one
development.
According to CEQA Guidelines 15064(b), a lead agency has discretion to formulate
standards of significance as long as a reasonable basis exists for using those standards.
The reasonable basis for using the mid-range is that it is an industry wide practice to do so.
Development very rarely occurs at the maximum potential and to assume so would greatly
inflate traffic counts. The City may defer to the environmental conclusions reached by the
experts who prepared the EIR even though Castle & Cooke's experts disagree with the
underlying data, analysis or conclusions. (Laurel Heiahts Improvement Association V.
Reaents of Univ. of Cal. (1988) 47 Cal.3d 376, 409.) Staff believes that its analysis ofthe
Pacific Clay area was fair, adequate and reasonable.
Joe Huband
Joe Huband submitted a memorandum prepared by his attomey proposing a policy
regarding minimum acreage standards in Country Club Heights. After speaking with the
City Attorney's Office, staff recommended that the proposed policy not be added to the
General Plan Update. The reason for not adding the language is three-fold.
Agenda Item No. 18
Page 4 of 71
General Plan Update
October 14, 2008
Page 5
First, the General Plan Update already contains a policy in Chapter 2 regarding non-
conforming uses and developability of existing legal lots.
Second, staff believes that the level of specificity contained in the proposed policy belongs
in the Zoning Code, not the General Plan Update. The Zoning Code provides detailed
implementation of the General Plan Update and provides guidance on when and where
certain standards are most applicable.
Finally, the proposed language requires revision. The third sentence of the proposed
policy directly contradicts State Law. As written, the third sentence suggests that lot line
adjustments, mergers and reversions to acreage are never considered "divisions of land"
for purposes of Govemment Code section 66426. However, the Subdivision Map Act is
clear that lot line adjustments involving four or more parcels, mergers and reversions to
acreage are all subject to various levels of mapping requirements.
ENVIRONMENTAL DETERMINATION
A Draft Environmental Impact Report (DEIR) was prepared for the initial draft of the
General Plan Update in accordance with Section 15084 of the State CEQA Guidelines.
The DEIR was circulated for a 45-day public review period and was provided to the
Planning Commission prior to the April 15, 2008 public hearing. The DEIR provides the
necessary environmental clearances and analyses necessary for the Preferred Land Use
alternative presented in the Draft General Plan Update. The DEIR represents the City's
independent judgment and complies with the terms of CEQA and the CEQA Guidelines.
The DEIR does not evaluate the potential environmental impacts of the changes
recommended in Attachment "1", Attachment "2" and Attachment "3". If the City Council
directs staff to make those changes, the DEIR will need to be revised and recirculated, in
whole or in part, depending on the sections of the DEIR that are affected by the revisions.
Finally, if the City Council decides to reject all of the recommended changes, the Draft
Environmental Impact Report will need to be finalized and presented to the Planning
Commission for a final recommendation on certification.
FISCAL IMPACT
The Fiscal Impact of the City Council's decision will vary depending on the extent of the
changes, if any, directed by the Council. While there may not be a direct correlation
between the number of changes made and the cost for making those changes; if a change
results in a significant land use difference, the work necessary to make that change may
result in increased costs.
Agenda Item No. 18
Page 5 of 71
General Plan Update
October 14, 2008
Page 6
Staff anticipates that changes to Land Use Maps and Text will be completed in house by
Planning and GIS staff. Environmental work, which includes traffic impact analysis,
revising the DEIR, recirculating the DEIR, and responding to comments on the RDEIR will
be outsourced. Urban Crossroads estimates that the cost for additional traffic impact
analysis will run between $15,000 to $30,000. Additional funds in an amount to be
determined will be needed to cover the balance of the work to be done on the DEIR
(revising the DEIR, recirculating the DEIR, and responding to comments on the RDEIR).
The remaining project budget is approximately $102,000.
Finally, the schedule of completion for the GPU and DEIR will depend on the extent of the
changes directed by the Council.
RECOMMENDATION
Consider the staff/Planning Commission recommendation and direct staff/Planning
Commission accordingly.
Tom Weiner,~
Acting Director of Community Development
Prepared By:
Approved By:
Robert A. BradY,f} iA..
City Manager / t..I(j/
Attachments:
1. Matrix of requested and proposed revisions to preferred land use map
2. Revised District Plan Land Use Maps. (11x17 folded)
3. Text Changes to General Plan Update and District Plans
4. Minutes from April 15, April 29, May 6, May 20, September 16, 2008 Planning
Meetings
5. Originally Circulated District Plan Land Use Maps. (11x17 folded)
Agenda Item No. 18
Page 6 of 71
District Proposed
Plan COM MENTER GPU Request(s) Recommended Land Use Changes
land use
A1berhill Wants Residential
1 ALB Eugene Gabrych Specific Mixed Use or No Action. Leave as SP.
Plan Commercial Mixed Use
Alberhill Wants SP use and
2 ALB Hardy Strozier Specific extractive overlay Apply SP and extractive overlay
Plan
Requests that City
apply a Specific Plan
designation to the No change recommended. Staff
LMD and Pacific Clay property recommends that the land use remain
3 ALB Hardy Strozier GC with a based upon a as designated in Column D. Unless
DA conceptual land use and until a specific plan is actually
Overlay. bubble map to be used approved for the property, a specific
in formulating eventual plan designation cannot be applied.
Specific Plan for the
property
Change land use
designation for a few
slivers of land along
4 ALB Hardy Strozier lMD lake Street from lMD Change land use designation from lMD
to SP because those to Alberhill Specific Plan
slivers were part of the
originally approved
A1berhill Specific Plan
.
According to Urban Crossroads,
analysis of 4 dwelling units per acre
lMD and Requested that the compared to the requested 6 dwelling
5 ALB Steve Miles GC with a Pacific Clay Area be units per acre is immaterial since the
DA analyzed at 6 dwelling traffic counts analyzed would result in
Overlay. units per acre. the same circulation roadway
classification as proposed in this
General Plan.
Staff changed City Move City boundary/ine to include
6 AlB Staff Pacific Clay Pacific Clay territory within the City's
Boundary boundary
General Plan Update
Land Use Requests
ATTACHMENT 1
Agenda Item No. 18_
Page 7 of 71
District Proposed
Plan COMMENTER GPU Request(s) Recommended Land Use Changes
land use
East Lake Wants density bonus Appropriate request if we are going to
7 BPD Adam Dodge Specific included in RMU like it have to recirculate DEIR anyway; RMU
Plan is for CMU allows for up to 35 DUlac so it is
probably OK to include in CMU
East Lake Requested expansion Expand Ball Park District pursuant to
8 BPD Adam Dodge Specific
Plan of Ball Park District request
Wants General No change necessary because
9 BUS Bart Pebbles GC Commerical property was already designated as
GC.
Wants designation to
be General Leave as Business Professional (BP).
10 BUS Christos Smyrniotis BP Commercial to build a BP would allow Gas station with
gas station @ Conditional Use Permit
Riverside/Collier
No change recommended, leave as
11 BUS Danny Brose CMU Wants HDR CMU. City's vision is that this area
remain consistent with ongoing
development in the area
No change recommended, leave as
12 BUS Don Summers CMU Wants HDR, not BP or CMU. City's vision is that this area
LDR remain consistent with ongoing
development in the area
13 BUS Fred Hatami See response to Christos Smyrniotis
14 BUS Joseph and Rudolph BP Wants to keep current Change land use designation to GC
Lacayo GC
Parcel currently owned
15 BUS Mike Quirk PI by RDA; GPU Change land use designation to L1.
proposes PI. Mike Area is in middle of Limited Industrial.
wants Residential
Changed to General"Commercial,
16 BUS Mike Quirk LI Wants Freeway which would allow "freeway oriented"
Business type bsuinesses with incidental
distribution.
17 BUS Peter Reynen HDR Wants HDR No change necessary because
property was already designated HDR
General Plan Update
Land Use Requests
Agenda Item No. 18
Page 8 of 71
District Proposed
Plan COMMENTER GPU Request(s) Recommended Land Use Changes
land use
18 BUS Sean and Max LI Wants one of the Change not recommended
Harrison parcels to be HDR
19 BUS Walter Page and Floodway Wants GC Change land use designation to
Tim Fleming General Commercial
Staff recommends that
the majority of CCH to
20 CCH Staff LOR the south of Riverside Make change (See Draft Country Club
Drive be changed to Heights District Plan)
HR to preserve
Hillsides.
Staff recommends that
the property along Make change (See Draft Country Club
21 CCH Staff LOR Strickland be changed Heights District Plan)
to BP and MDR as
shown on CCH Map
Staff recommends that Area along Strickland and "Four
22 CCH Staff the CCH boundry Comers" should be removed from
changes CCH
Staff Recommends HR
23 CCH Staff MDR for property on comer Change land use designation to HR
of Palm Street and
Riverside Drive
Staff recommends that
property to east of
24 CCH Staff LMD Dryden and South of Change land use designation to LOR
Arnold be changed to
LDR due to topography
.
General Plan Update
Land Use Requests
Agenda Item No. 18
Page 9 of 71 '
District Proposed
Plan COM MENTER GPU Request(s) Recommended Land Use Changes
land use
Staff recommends that
property north of
Turnbull Avenue and
25 CCH Staff HR South of Baker Street Change land use designation to LOR
be changed to LOR to
allow mor flexibilty in
Density.
Staff recommends that
PI& property on northeast Change land use designation to
26 CCH Staff comer of Riverside
Floodway Drive and Stickland be Business District
removed from CCH
Concemed about his Change land use designation to Hillside
27 CCH Douglas Norfolk LOR home if designation is
changed to recreational Residential
28 CCH Elbert Smith LMD Wants to keep GC Change land use designation to NC
Wants area to stay MD; Change land use designation to LMD
29 CCH Joesph Huband HR does not want Hillside as indicated on Country Club Heights
Res District Plan.
30 CCH Joesph Huband HR Wants MDR along Change land use designation to MDR
Strickland along Strickland
31 CCH John Outhuijse LMD Wants to keep GC Change land use designation to NC
Doesn't want his
parcels down-zoned; Change not recommended. Keep land
32 CCH Miguel Flores HR Too difficult to build; use designation as HR in order to
Leave zoning as maintain hillsides
combo of R1. R2. R3
33 CCH Richard Knapp LMD Wants to keep GC Change land use designation to NC
34 CCH Robert Cartier GC Wants to continue No change recommended. Keep land
ready mix plant use designation as GC .
General Plan Update
Land Use Requests
Agenda Item No. 18.
Page 10 of 71
District Proposed
Plan COMMENTER GPU Request(s) Recommended Land Use Changes
land use
35 CCH Tim and Denise LDR Wants to keep NC Change land use designation to NC
Fleming zone
Wants Res but he did No change recommended. Keep land
36 CCH Wayne Gunter HR not identify what use designation as HR. Topography
density he wants limits residential uses to HR
37 ELD Colin Drukker ELSP Wants established max No Action Needed
density for SPs
Current map shows Remove school label from current
38 ELD Leonard Leichnitz ELSP Elementary School in location. Relocate school symbol in
wrong place; Move
indicator into Summerly ELSP in accordance with the ELSP.
39 HDD JJ Swanson O'Neal MDR Wants to maintain GC Change land use designation to GC
& Ed Lambert
Wants CMU at Flint
40 HDD Joseph Banayan RMU and Spring; Letter Change land use designation to CMU
requests GC or CMU
41 HDD Raul Rubio MDR Wants to keep HD No change recommended.
Surrounding use is MDR.
42 HDD Rich Wygand RMU Wants to keep GC Recommend changing land use to PI
Wants property on the No change recommended - due to
north side of Graham property value increases over the
43 HDD Susan Holtan RMU between Riley and previous years, and existing
Scrivener to be kept development.
residential
44 HDD Staff CMU Cultural Center should Recommend changing land use to PI
be Public/Institutional
45 HDD Staff CMU City Hall Site should be Recommend changing land use to PI
Public/lnstitutional(PI)
46 HDD Staff RMU SCE Transformer Site Recommend changing land use to PI
on Spring Should be PI
HDD Staff MDR Public Works Yard Recommend changing land use to PI
47 should be PI
General Plan Update
Land Use Requests
Agenda Item No. 18
Page 11 of71
General Plan Update
Land Use Requests
District Proposed
Plan COMMENTER GPU Request(s) Recommended Land Use Changes
land use
Staff recommends an
expansion of CMU Recommend changing land use along
48 HDD Staff MDR along Spring Street, Spring Street, east of the outflow
east of outflow channel to CMU
channel.
Properties located on
south and along Recommend changing land use for
Graham Avenue, west
49 HDD Staff RMU of Post Office should property on South and along Graham
. designated BP due to Avenue, west of Post Office to BP
existing develooment
Properties located Recommend changing land use
between Graham and
50 HDD Staff RMU Limited Avenue should designation for properties located
designated HDR due to between Graham and Limited Avenue
existing development. toHDR
Staff recommends that Recommend extending the Downtown
51 HDD Staff Downtown Overlay be Overlay to the Lake (See HDD Map)
extended down to Lake
Staff Recommends
property along and Recommend extending property along
52 HDD Staff HDR north of Lakeshore and north of Lakeshore Drive and
Drive and across from across from the Senior Center to RMU
Senior Center be (See HDD Map)
changed to RMU
53 HDD Shoreh Cohanim- RMU Wants to CMU Change land use designation to CMU
Banayan
54 HDD Steve Hunter MDR Wants property to Change land use designation to HD
remain HD
55 LED Abel Gonzalez MDR Wants to keep GC Change land use designation to GC
56 LED Douglas Norfolk R Wants to Develop Change land use designation to
Lakeside Residential
. Wants to keep Change land use designation to
57 LED Jacquelyn Linden R residential Lakeside Residential
Concerned can't do Change land use designation to
58 LED Joesph Huband R anything wI Lakeside Residential
recreational oarcels
Agenda Item No. 18
Page 12 of 71
District Proposed
Plan COMMENTER GPU Request(s) Recommended Land Use Changes
land use
59 LED Paul Castano R Wants R-3 & GC No Action Needed
From County's Delete the concept of an "elevated"
Lakeland Village within pedestrian boardwalk around the Lake
60 LED Pete Dawson City's SOl; Does not from General Plan unless the
want bikepath around boardwalk is designated in Public Right
lake; sued city in past of Way or Public Properly
61 LED Ricardo and MDR Wants to keep GC Change land use designation to GC
Guadalupe Gutierrez
62 LED Ronald Slavick R Wants Residential and No Change Recommended. In "Cove
Commercial Area". Leave as Recreational
63 LED Sonia and Sunil CMU and R Wants RMU, not CMU Change land use designation to RMU
Shah
64 LED Tom Chen RMU Wants to keep GC Change land use designation to GC
65 LED Brian Dahl MDR Wants to keep GC Change land use designation to GC
Recommends area
around campground Change land use designation for
66 LED Staff RMU and along Riverside campground and along Riverside Drive
Drive be changed to to Recreational (See LED Map)
Recreational
Staff recommends that
Open APN 363-090-007 be Change land use designation for APN
67 LED Staff Space changed from Open 363-090-007 to HR (See LED Map)
Space to Hillside
Residential
68 LED Clorinda Chip LMD Wants to keep GC Change land use designation to GC
General Plan Update
Land Use Requests
Agenda Item No. 18
Page 13 of 71
General Plan Update
Land Use Requests
District Proposed
Plan COMMENTER GPU Request(s) Recommended Land Use Changes
land use
69 lEH Barton Crandall GC Wants CMU, not GC Change land use designation to CMU
70 lEH Charles" Joe" Questions Answered Question Answered
Tunstall
71 lEH Danny Brose HR Wanted HDR Change land use designation to CMU
. (per Planning Commission)
Wants Freeway- Change land use designation to CMU
72 lEH David Wensley HR Business and MD to
HD (per Planning Commission)
73 lEH Don Summers HR Wants GC and MDR Change land use designation to CMU
(per Planning Commission)
E of 1-15; Concemed
Donna Francin on how adding Comm.
74 lEH (President of HR will affect downtown Change land use designation to CMU
Tuscany HOAl and Main Str.; Wants (per Planning Commission)
lM or MDR; Traffic
Issues? .
Wants approved SP Change land use designation to
75 lEH Erik Lunde HR designation on Spyglass SP
SpVlllass
Change land use designation to HR -
76 lEH Jack Reimer lMD Wants MDR Error in GPU and because of
tooooraohv land use-should be HR
77 lEH Jamie Pabon lMD GPU shows lMD but Change land use designation to GC
wants GC
Property was part of
78 lEH John Johnson HR Annex #77 but should Change land use designation to NC
not be HR; Wants NC
79 lEH Phil Deol HR Wants mix of GC, Change land use designation to CMU
MDR, and HDR (~er Planninn Commissionl
80 lEH Robert Krause HR Wants lMD Change land use designation to lMD
81 lEH Santiago and Rosa lMD Wants GC Change land use designation to GC
luna
Wants to keep Changed land use designation to CMU
82 lEH Steve Johnson HR Freeway Business and (per Planning Commission)
MDR
Agenda Item No. 18
Page 14 of 71
District Proposed
Plan COMMENTER GPU Request(s) Recommended Land Use Changes
land use
Wants GC or MDR
83 LEH Terry Mendez LMD because of location to Change land use designation to MDR
Hwy 74 and Riverside
Street
84 LEH Wendy Collins LMD Wants GC Change land use designation to GC
Wants MU wI No change recommended. Staff
85 LVD Alex Ghahremania GC affordable MDR or recommends leaving designation as
HDR GC
86 LVD Charles Pearson GC Wants HD to build apts Change land use designation to MDR
(Joy Str)
Wants HDR on four
87 LVD Gary Washburn GC parcels fronting Joy Change land use designation to MDR
Street
Same concern as
88 LVD Gary Washburn GC Pearson talked about Change land use designation to MDR
last week (JOY Str)
Wants property Change land use designation to La
89 LVD Gilbert Smith HR designated approved Laguna Heights Specific Plan. Must
SP honor original SP (La Laguna Heights)
Wants SP even though Change land use designation to La
90 LVD, LVS Randy Ziegler HR not all of his land is Laguna Heights Specific Plan. Must
within the City honor original SP (La Laguna Heights)
Wants Hillside Cluster, Change land use designation to La
91 LVS Carl Winkle HR View Lots, and OS Laguna Heights Specific Plan. Must
honor original SP (La Laguna Heights)
92 NCS Camille Passon LMD Wants Wasson West No change recommended. Leave land
designated SP use designation as LMD
93 NCS Christine Del Ross- Supportive of CMU No Action Needed
Risher
.
94 NCS Don Summers LD Wants GC Council direction was to leave as LD
Wants 1I and HDR on Change land use desigation to BP.
95 NCS Gary Washburn HR parcels south of which is more conducive to the GC and
Wasson Creek CMU proposed in the area
Wants IND or HDR for No change recommended. CMU is
96 NCS Gary Washburn CMU two parcels on more appropriate considering the
Cambern orooosed development in the area.
Currently RV park; Change land use designation to BP.
97 NCS Gary Washburn HR Wants split zoning with which is a more appropriate land use
U on northern portion
and MDR on southern for this area.
General Plan Update
Land Use Requests
Agenda Item No. 18
Page 15 of71
General Plan Update
land Use Requests
District Proposed
Plan COMMENTER GPU Request(s) Recommended Land Use Changes
land use
98 NCS Larry Plavala MDR Wants HDR No change recommended. Request is
not compatible with surrounding uses
Concemed about "The Out of City's jurisdiction; county land
99 NCS Steven Malarcheck Grove" area in City's
SOl use and zoning control his property
Designate the 160 acre
Whittier Christian
Hardy Strozier on property as Limited
100 NCS behalf of Casfte & OS Industrial or other M3 Change land use desigation to HR
future mining zoning
Cooke compatible land use
with an Extractive
Overlay
Wants parcels to
101 NPD Rachel Shwenn HR remain Highway Change land use designation to GC
Commercial
Wants GP designation
to remain the same Staff recommends that the area whose
102 RVD Joseph Wulff HR (Future SP); slope is 25% or more be left HR and
Suggested higher the remainder MDR.
density on flatter areas .
Agrees wi MDR but Change land use designation to
103 RVD Norman Harris MDR would like Commercial
Opportunity Residential Mixed Use.
Commentor was looking at old map.
104 RVD Shu-Mei Lu TC Wants GC Property is designated GC - No Action
necessarY
Also wants area North
105 MISC Donna Francin GC of Ouftet Center to be Already is GC - No Action necesssary
GC
Voiced opinion on
106 MISC Fred Crowe policy statement re: No Change Needed
private landowners'
ri!lhts
Read another letter re: Engineering to address Draft
107 MISC Fred Crowe Circulation Element Circulation Element Roadway
being inadequate classification Map
108 MISC Gloria Healy General Comments on NIA
the GPU and DEIR
No project; Speaking
109 MISC Victor Marlinez out against
overcrowding; Water
suooly issues
Agenda Item No. 18
Page 16 of 71
ATTACHMENT 3
Textual Changes to General Plan Update and District Maps
Each recommended land use change presented below is in alphabetical order District
by District. Recommended text changes can be tracked by deleted text being shown as
stFike tl:1FGllgt-J text and added text being shown as italic/bolded/underlined text.
RECOMMENDED CHANGES IN THE DRAFT GENERAL PLAN UPDATE
Recommended Chanae No.1: Chapter 2 Community Form
Based on staffs best professional judgment, it recommends that the proposed
"Lakeside Residential" land use, which will be added to Chapter 2 Section 2.3.3 (Land
Use Designations) of the Draft General Plan, be modified in order to allow more
flexibility, while maintaining "Scenic Vantage Points". The revised description would
read as follows:
This designation provides for custom single family homes that provide orientation
and accessibility to the lake for private use only. Residential densities for new
subdivisions should not exceed one (1) dwelling unit per 10,000 net square feet.
Floor Area Ratio (FAR) and lot coverage shall be calculated on the area of the
property remaining above the "Ordinary High Water Mark': Development
should. as much as possible. provide scenic vistas between homes which
could be enioved bv pedestrians as well as local residents.
Recommended Chanae No.2.: Chapter 2 Community Form
Under Section 2.3.3 Land Use Designations (Residential), staff recommends that
additional flexibility and appropriate ranges should be added and modified as to the
various residential land uses. The following are those recommendations:
2.3.3 Land Use Designations
Low Density
This designation provides for single-family detached homes, secondary residential units,
hobby farming and keeping of animals, public and quasi-public uses, and similar and
compatible uses. Clustered single-family development may also be encouraged within
this designation to minimize grading requirements and impacts to environmentally
sensitive areas. Residential densities sl:lsllld not sxssad shall be between one 1 and
~ dwelling units per net acre.
Low-Medium Density
This designation provides for single-family detached homes, secondary residential units,
public and quasi-public uses, and similar and compatible uses. Residential densities
shall be between ~ and 6 dwelling units per net acre.
Recommended Chanae No.3: Chapter 2 Community Form
Considering that the Preferred Land Use Plan legend separates the land us~~_ No. 18
Page 17 of 71
as "Open Space" and "Recreational" and more importantly, since these two land uses
are very distinct in their functions as land uses, staff is recommending that these two
land uses, as shown on Page 2-18, be separated and defined as follows:
Open Space
This desianation provides for public and private areas of permanent
open space. and allows for passive and/or active private and IJublic
recreation. Open SIJace and passive recreation areas include State and
local parks. Bureau of Land Manaaement lands. MSHCP land and the
Cleveland National Forest.
Recreation
This desianation provides for active and commercial recreation facilities
such as water-oriented recreational uses. All commercial recreation
facilitv development would be reauired to have exceDtional architecture
and/or site desian and/or amenities and should not exceed an FAR of .35.
Recommended Chanae No.4: Chapter 2 Community Form
In order to allow a wider flexibility of uses in the General Commercial land use
designation (See Page 2-18 of the Draft General Plan Document) staff recommends the
following boldedlunderlined text be added:
General Commercial
This designation provides for retail, services, restaurants, professional and
administrative offices, hotels and motels, mixed use projects, public and quasi-
public uses, and similar and compatible uses. The FAR shall not exceed 0.40.
General Commercia/propertv within 300' of Interstate 15 mav allow such
uses that tvpicallv reauire extensive floor area. Tvpical "freeway
oriented businesses" would include home imIJrovement stores. furniture
stores. auto dealerships. liaht automotive services and larae office
buildinos. Wholesale distribution. warehousino and manufacturino may
also be allowed as an incidental use to these "freeway oriented
businesses".
Recommended Chanae No.5: Chapter 2 Community Form
On Page 2-20 of the Draft General Plan document is a section entitled "Specific Plan
Areas". Staff has determined that although this section is critical in the sense of
reaffirming the importance of a Specific Plans and their correlation to this General Plan,
requiring minimum acreage for Specific Plans is too restrictive. As such staff is
recommending the following change:
Specific Planning Areas
The Specific Plan land use designation identifies territory whose zoning is
governed by existing, approved specific plans. For those ~a It981 No. 18
Page 18of71
designated uses contained in each specific plan are the governing' land uses.
Specific Plans do not sunset; they remain valid until revoked pursuant to State
law.
Tl:1e City may seRsiEler aElefltieR of a ROW Sflesifis Ilh1R if tl:1e ll~eGt will
incluEle 500 er mom msiElsRtial YRits sr eRssmllass 259 er mom scr-es of laRd.
Tl:1e PlaRAed URit DevelepmeRt OFEliRaRss shoyld es yseEl fur master fllaRRsd
prejssts with less thaR 500 YAits or YREler 259 asr-es. It is intended.......
(leave the remaining text). .
Recommended Chanae No.6: Chapter 2 Community Form
Although the General Plan Advisory Committee had discussed the possibility of an
"elevated" pedestrian route along the lake edge, staff determined that the feasibility and
cost of such an endeavor is not recommended, considering the issues relative to private
property rights and access. Considering this staff is recommending the deletion of the
section entitled "lake Edge Parkway" found on Page 2-39 in Chapter 2 Community
Form. Staff also recommends that references to an "elevated" parkway along the shore
line of the lake be removed from all General Plan documents unless proposed within
the public right of way or on public property.
RECOMMENDED CHANGES IN THE DRAFT DISTRICT PLANS
Recommended Chanae No.1: Country Club Heights District
Since staff has continually stressed to stakeholders within the City that legally created
lots are recognized as potentially buildable provided they meet all development laws,
Staff recommends the deletion of the following on Page CCH-5:
Tt-le CeYRtry CIYe Hoigl:1ts District is seRsiElemEl SR "antiquateEl SY9ElivisisR". a teFRl
l'IsRsrally al3plied ta sYbdivision mailS tl:1at were sreateEl prior tEl meElerR r-equirameAts
that syeEli'.'isisRs sf laREI es reviowed amI allllFeVeEl ey Issal l'I8VemmoRt eafsl'9 tl:1ey
may ee r-essr-EleEl.
Recommended Chanae No.2: Draft District Plan Document
As previously indicated Staff has determined that the inclusion and proposal of an
"elevated" pedestrian parkway is problematic. Staff recommends deleting all
references to the walkway in the Draft District Plan document. Where possible, Staff
recommends including the concept of a multi-purpose trail within public rights-of-way
and public properties to encourage recreational activities around the lake.
Agenda Item No. 18
Page 19 of 71
ATTACHMENT 4
MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, SEPTEMBER 16, 2008
ABSENT:
CALL TO ORDER - 6:00 P.M.
Chairman Zanelli called the meeting to order at 6:06 p.
PLEDGE OF ALLEGIANCE
Commissioner Mendoza led the Pledge of A
ROLL CALL
PRESENT:
of the Candidate Forum to be held at the Storm's
. 0 p.m. She requested the public to send her
Idates.
Also present w or of Community Development Preisendanz, Deputy City
Attomey Santana, ning Manager Weiner, GIS Analyst Barrozo, Public Works
Director/City Engin r Seumalo, Associate Planner Carlson, Project Planner Donahoe,
Planning Technician Bitterolf, Environmental Principal Planner Worthey, 'and Office
Specialist Porche.
PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEMS NO.1
The following items were listed on the Consent Calendar for Planning Commission
approval:
Agenda Item No. 18
Page 20 of 71
1. Minutes for the Followina Plannina Commission MeetinaCs)
a) March 18, 2008
b) August 19, 2008
c) September 2, 2008
d) Meeting Minutes for the Housing Element Workshop - August 20, 2008
Recommendation: Approved as submitted.
It was moved by Commissioner Mendoza, and seconded b
Gonzales to approve the Consent Calendar Item No.1.
AYES: CHAIRMAN ZANELLI
VICE-CHAIRMAN F
COMMISSIONE
COMMISSIONE
COMMISSIONER O'N
NOES: NONE
ABSENT: NONE
The following vote resulted:
PUBLIC HEARIN
2.
ent Preisendanz provided the Commission with a
prese Gen al Plan Update. He indicated the Draft General Plan
Update ailed matrix that is divided into 19 districts, which includes
all of the I s and recommendations for the preferred land use plan as
well as sub om mended changes to the Draft General Plan Text and
District Plan te e highlighted those areas that are substantive in nature in order
to expedite the cedures. He stated that ultimately the Commission would make
their recommendations to the City Council. He clarified the General Plan is
programmatic and not project specific. He also emphasized that the General Plan
could be amended up to four times per year for each element.
William Mazel, resident, indicated that he appreciated the effort the Planning
Division has put into implementing the Draft General Plan Update and to get his
property to where it should be.
Agenda Item No. 18
Page 21 of 71
Joe Huband, resident, thanked staff for their hard work on the General Plan. He
spoke of issues in Country Club Heights, particularly where it is zoned Hillside
Residential. He also spoke of Lakeshore Drive where the zoning has been changed
from recreation to single-family residential. He indicated he feels the arel;l should be
zoned commercial to allow for restaurants and other business establishments.
Tim Fleming, resident, recommended to the Commission not to forward the revised
Draft General Plan Update to City Council. He suggested having staff recalculate a
new EIR. He also spoke of the new and varied land use designations and the
changes made.
B
t
is a
the City.
use, it wou
mixed use, i
commercial.
ing is not a taking. She
a series of tests that
ct on the property owner
all economic value on the
Deputy City Attorney Santana clarified what the Com
Council review. She indicated the Commission is 0
staff has recommended regarding the General n
decision or recommendation if the EIR shoul
the City Council approve the changes, st
Council of the re-circulation of the EIR.
Deputy City Attorney Santana
indicated, in order for a regulatio
would be applied and in essence it
and would permanently deprive the
property.
s, indicated that staff has done an
(l he was impressed with the level of
he document. He stated he would
ite the process as quickly as possible.
roperty owner, requested the Commissioner's
379 -014 as commercial. He indicated Riverside Drive
He i clcated straight commercial is not the best image for
mixed use for the area. He stated, with having a mixed
ore detailed variety. He indicated by re-zoning it down to a
necessarily be a mixed use project and could still be all
Director of Community Development Preisendanz stated it was kept as commercial
as staff did not want to spot-zone or isolate a commercial mixed use. He stated,
should the Commission be willing to consider mixed use for the area, he suggested
having the Commission look at the parcel to the south, but recommends keeping it
as general commercial.
Tom Tomlinson, representing Castle and Cooke, stated he was disappointed with
the lack of changes he suggested to the Commission. He spoke of the area known
Agenda Item No. 18
Page 22 of 71
as the Bowtie area, which is north of the high school. He indicated he had hoped for
a Specific Plan designation to tie in with the Specific Plan just north of the area,
mainly because of the constraints associated with the shap,e of the property. He
also indicated he was disappointed that staff did not consider the area north of
Nichols to be considered an M-3 zone, which would conform to the existing land.
Director of Community Development Preisendanz indicated he recommends Hillside
Residential on the "L" shaped piece.
Joe Wulff, property owner, spoke
as split density which is currently zo
Space. However
op. He spoke of his
for the EIR. He stated,
lanning the General
r the City but for
Tom Tomlinson stated he appreciates the change fro
indicated that Hillside Residential would be hard to
concerns with the lack of change with the circulation
this is the first phase and to not be able to take th
Plan EIR is disappointing and an unnecessary
Castle & Cooke.
ving his parcel zoned
Director of Commu
land uses that ar
He spoke of
maintaining c ntJ
of the slope.
icated the attempt to create
ff doesn recommend splitting properties.
and indicated that staff recommends
tial which is based on the percentage
nsultant, indicated he has had several conversations
ur parcels within the Downtown Historic District
zoning.
velopment Preisendanz indicated it was changed to high
Harvey Ryan, ent, spoke of his support of recommending the zoning of the
Country Club H hts area as Hillside Residential. He noted the requests to have
the area zoned as high density; however indicated that it would be a shame to have
anything but Hillside Residential.
Gary Jacobs, resident, spoke of the area in Country Clubs Heights and the lack of
infrastructure due to narrow roads and the lack of water, sewer or fire protection. He
stated that he served on a committee which decided to zone the area as Hillside
Residential or low density.
Agenda Item No. 18
Page 23 of 71
Paul Castanio, resident, indicated he was pleased to see the area known as
Lakeside Residential was switched from recreation to residential and spoke of the
need for commercial development to serve the boating community and all of the
activities that take place on the lake.
Dan Uhlry, resident, spoke of the lack of commercial along the lakeside. He also
requested clarification of the high water mark and how it relates to the building pad
level of 1265'.
Commissioner O'Neal inquired if t
the re-circulation of the EIR.
. a high water mark
s provided: He stated
Director of Community Development Preisendanz stated 1
that was determined by FEMA which is based on data t
staff was looking for an area that could calculate lot
Susan Holton, resident, thanked staff for the w
Draft General Plan Update. She spoke of th
and Poe and requested the area be design
suggested changing the name from Dow
completed on the
een Langstaff
ia!. She also
istrict.
Director of Commu
contract did not i
icated that the Jones/Stokes
f the EIR.
goals
Commis
address tti
General Plan
Council.
dation is out of order. He indicated
eliberated on the Draft General Plan
oli s and objectives, and for this he stated he
mendation of the Draft General Plan Update. He
. ation including, having the land use map revised
anges to the General Plan text, such as policies,
par and red-lined to include strikeout for Planning
He also recommended re-circulating the O'raft EIR to
an Update revisions and bring the re-circulated EIR and
. ack to the Planning Commission for recommendation to City
Commissioner Gonzales stated he sees no problems to the changes recommended
during the meeting.
Commissioner Mendoza stated staff has done a great job working with the residents
and community by making the necessary changes.
Vice Chairman Flores stated staff has done an outstanding job on providing the Draft
General Plan Update and public input. He commented the General Plan could be
Agenda Item No. 18
Page 24 of 71
changed up to four times a year. He inquired as to when a change could be made to
the General Plan.
Director of Community Development Preisendanz stated, normally there are
changes when there is a request from a developer. He stated staff tries to
coordinate them up to four times a year.
Vice Chairman Flores asked if the residents in the area of possible zone change
would be notified.
Director of Community Development Preisendanz state
be notified of any changes in zoning. He stated he a
he received while making the changes to the Gene n
extremely difficult to accommodate everyone's res. He
requested to have the General Plan Update GlWard.
e Draft General Plan Update
Chairman Zanelli th
and thanked the
econded by Commissioner Gonzales
sed land use map in the Draft General
by staff and all necessary and appropriate
osed General Plan Update be competed and the Draft
be revised and re-circulated, if necessary, prior
and General Plan Update to the City Council for
The following vo
AYES:
CHAIRMAN ZANELLI
VICE-CHAIRMAN FLORES
COMMISSIONER GONZALES
COMMISSIONER MENDOZA
NOES:
COMMISSIONER O'NEAL
Agenda Item No. 18
Page 25 of 71
ABSENT: NONE
ABSTAIN: NONE
BUSINESS ITEMS
None
STAFF COMMENTS
Public Works Director/City Engineer Manager Seumalo c
. He indicated that staff opened the bids for th
Machado Street, which would be taken to Cit
September 23'd.
. He indicated staff held a pre-constructiQ
phase I project, which is anticipated to comm
. He spoke of the ramp work at the interchange a
part of Cal-Trans maintenance.
. erside Drive and
. n on Tuesday,
PLANNING COMMISSIONERS' COM
Commissioner O'Neal commented on .
. None.
Co
on the following:
. He requested s s of Lake Street road-improvements off 1-15 freeway. Public
Works Director/ ity Engineer Manager Seumalo indicated he has a meeting with
Alberhill Ranch project Manager on Wednesday. He stated some road
improvements are contingent with a certain number of houses that are occupied. He
indicated he would check into the matter.
Chairman Zanelli commented on the following:
. He thanked everyone for their attendance.
Agenda Item No. 18
. Page 26 of 71
ADJOURNMENT
It was motioned by Commissioner Gonzales, seconded by Commissioner O'Neal to
adjourn to the October 7,2008, Regular Planning Commission meeting at 6:00 p.m.
located at 183 N. Main Street, Lake Elsinore, CA. 92530. .
The Planning Commission meeting adjourned at 8:25 p.m.
Respectfully Submitted,
DANA PORCHE
OFFICE SPECIALIST III
ATTEST:
TOM WEINER
ACTING DIRECT
Agenda Item No. 18
Page 27 of71
MINUTES
PLANNING COMMISSION MEETING.
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY. APRIL 15. 2008
CALL TO ORDER:
Chairman O'Neal called the regular Planning Commission meeting to order at
6:11 p.m.
PLEDGE OF ALLEGIANCE:
Commissioner Flores led the Pledge of Allegiance.
ROLL CALL
PRESENT: COMMISSIONERS:
O'NEAL, GONZALES, FLORES,
MENDOZA
ZANELLI
ABSENT: COMMISSIONERS:
Also present were: Director of Community Development Preisendanz, Planning
Manager Weiner, Deputy City Attorney Santana, Director of Public Works
Seumalo, and Office Specialist Herrington.
PUBLIC COMMENTS (Non-Agenda Items}
REQUEST TO SPEAK
Steve Allen, Lake Elsinore, California, stated that he believes that the new
General Plan needs to make a provision for higher density prestigious office
space. He indicated that in March, 2007, 4,000 signatures were collected
supporting this point of view (a copy of the petition was submitted at the General
Plan meeting with his statement).
CONSENT CALENDAR ITEMS
None
r
Agenda Item No. 18
Page 28 of 71
PAGE 2 - PLANNING COMMISSION MINUTES -APRIL 15, 2008
PUBLIC HEARING ITEMS
1. General Plan Update
Director of Community Development Preisendanz stated that a comprehensive
General Plan Update Report was distributed to the Planning Commission for their
review. He indicated that the report included 3 alternative General Plan land' use
plan and 38 letters that the City received from the public regarding their land use
in relation to the General Plan and staffs responses to each letter received. He
indicated that each letter with requests and comments would be considered by
the Planning Commission on a case by case basis and staff would be analyzing
each request cumulatively. Additional Planning Commission meetings regarding
the General Plan will be held on April 29, 2008, and If necessary, June 3, 2008,
to continue the review of property owner's land use. Also, he anticipated the City
Council hearing to be June 24, 2008.
Brooke Peterson, Jones & Stokes gave a Power Point presentation that outlined
the components of the General Plan and Environmental Impact Report (EIR).
Ms. Peterson explained in detail Chapters 1 through 5 of the General Plan and
stated that 3 alternatives are proposed (the Preferred Alternative, Alternative 1
and Alternative 2).
Jim Harry, Jones and Stokes, summarized the EIR which addressed
environmental impacts associated with the General Plan Update at the
programmatic level.
REQUESTS TO SPEAK REGARDING THE GENERAL PLAN UPDATE
Director of Community Development Prelsendanz stated that each request would
be reviewed and identified by Assessor Parcel Number (APN) on Google Earth.
Douglas Norfold, Lake Elsinore, California, (APN: 375-342-008 & 375-350-004)
. stated that he was concerned about the land designation on 3 parcels of land
that he owns in Country Club Estates.
The Director of Community Development Preisendanz identified the 3 parcels
and stated that staff recommended a recreational land use and defined legal
non-conforming use to Mr. Norfold.
Barton Crandell, Orange, California, stated that he was representing Ed Najad
and indicated that Mr. Najad's property Is across from a campground on
Riverside Drive (APN: 379-110-014) which was re-zoned from residential to
commercial and requested that this property to be zoned mixed use rather than
general commercial.
r
Director of Community Development Presidendanz stated that they chose
commercial for this area mainly because it is on Highway 74 and a change could
affect the EI R.
Agenda Item No. 18
Page 29 of 71
PAGE 3 - PLANNING COMMISSION MINUTES -APRIL 15, 2008
Commissioner Flores stated that he doesn't have a problem with this property to
be zoned Commercial Mixed Use and asked that Jones and Stokes review this
request and let Mr. Crandell know if this can or cannot be done and asked
Director of Community Development Preisendanz to explain commercial mixed
use.
Director of Community Development Preisendanz explained commercial mixed
use in the General Plan which he defined as a mix of residential and non-
residential uses within a single proposed development area with an emphasis on
retail, service, civic, and professional offices, residential uses are allowed in
subordinate capacity, the FAR for non-residential uses is .80 and a minimum of
50% of the total floor area should be commercial uses, residential density shall
be between 7 and 18 dwelling units an acre.
Commissioner Mendoza concurred with Commissioner Flores; however, he
stated that the City needs to make sure that it will work without isolating the other
parcels.
Chairman O'Neal suggested looking at the entire block and consider what would
be appropriate.
Director of Community Development Preisendanz stated that as they look at this
and consider this, they are affecting other properties which the property owners
now think that they are commercial and indicated that it mayor may not make a
difference to them.
Mr. Crandell asked Director of Community Development Preisendanz if the
commercial zone could have a conditional use of mixed use in it.
Director of Community Development Preisendanz stated no.
Vice Chair stated that he likes the idea of mixed use.
;:
,.
Chrlstos Smymiot, Downey, Califomia, requested that his property on Collier and
Riverside Drive (APN: 378-030-007 & 378-030-009) be zoned commercial. He
Indicated that he submitted an application for a Conditional Use Permit for a gas
station, car wash, and convenience store on this property and the City did not
accept the application because of the change of the land use on the General
Plan. He said they will prOVide jobs for about 30 to 40 people and will create
income for the City.
i
'.
Director of Community Development Preisendanz indicated in their best
judgment, staff designated this area as Business Professional because of the
existing approved projects and developments that are already in place and the
surrounding neighborhood. He indicated that the reason staff did not have the
land designation as commercial was because they had concerns about access
(ingress/egress), particularly, a gas station on this comer. He also stated that
Agenda Item No. 18
Page 30 of 71
PAGE 4 - PLANNING COMMISSION MINUTES -APRIL 15, 2008
regardless of the current zoning, staff is looking at the General Plan for the City
for the next 30 years.
Commissioner Mendoza concurred with Director of Community Development
Preisendanz and said that the General Plan is a thumb print for the future of the
City.
Vice Chair Gonzales agreed with staff designating the area as business
professional.
Commissioner Flores recommended that this be reviewed further by Jones &
Stokes.
Bob Krause, South Shore Properties, Las Vegas, Nevada, distributed information
to the Planning Commission regarding their project and stated that they have a
100 acres (approximately 6 parcels), which is adjacent to the Spyglass property
and said that their intent is put together an affordable project that is to include
affordable housing ($200,000 to $300,000 price range) and said that the land use
at that time was approximately 3 to 3.5 units per acre. He said that they ended
up with a park that is connected to 2 other projects that are adjacent to this
project, 25 acres of open space, and a single family detached project. He
requested the Commission to review this and consider the land use of this project
so that they can proceed with their plans.
Director of Community Development Preisendanz stated that Mr. Krause already
has a tentative map approved called South Shore I and it is In the Commission's
Staff Report as a recommended change to Low Medium Density, and staff Is also
recommending that the area identified as the Spyglass Specific Plan which was
just approved, will also retain its Specific Plan designation. He stated that the
City does currently have an application in and it is a clustering affect in the most
easterly portion and it is a tiered project. He indicated that the reason they
recommended low density is because they wanted to preserve as much of the
hillside as possible.
Chairman O'Neal asked who they are preserving the hillside for.
Director of Community Development Preisendanz stated that the General Plan
Advisory Committee was for preserving this hillside from the 15 corridor and from
Tuscany Hills.
Chairman O'Neal stated that this project cannot be seen from the 15 Freeway.
Mr. Krause stated that the project is in a bowl and they are calling it Hidden
Valley because it can't be seen from the 15 Freeway and indicated that the
purpose for having the project at this location is it fits the terrain correctly and it
also provides a 3.5 million dollar park amenity for the other 2 projects that are
adjacent to it and is a condition of the other projects. He said that staff chose the
location of the park because it cannot be seen.
Agenda Item No. 18
Page 31 of 71
PAGE 5 - PLANNING COMMISSION MINUTES - APRIL 15, 2008
Community Development Director Preisendanz stated that this project could
possibly go to low medium density but staff would like to review the project
through the design review.
Mr. Krause stated they he would be more than happy to work with staff.
Community Development Director Preisendanz stated that staff will review the
project and how it affects theEIR and will bring back the information to. the
Commission.
PLANNING COMMISSION COMMENTS
Vice Chair Gonzales asked Mr. Krause what road is coming into the project.
Mr. Krause mentioned La Strada Road and stated that they are bringing in the
water and all of the other amenities at no cost to the City.
Director of Community Development Preisendanz stated that there is validity to
the cumulative financial impact relative to the various projects that have been
proposed and have been entitled for the La Strada interchange to Camino Del
Norte which takes funding for developers to properly grade hillsides and contour
them to keep the community as topographically aesthetic as possible.
Commissioner Flores commented that staff is currently working with Mr. Krause
and would continue to work with him therefore he had no additional comments.
Commissioner Mendoza asked how this project is going to affect the EIR.
Director of Community Development Preisendanz stated that he would follow up
with an answer to Commissioner Mendoza regarding how it will affect the EIR.
David Wensley, Costa Mesa, Califomia, stated that he owns 2 parcels of land in
Lake Elsinore (APN's: 377-340-018 & 019) and also addressed the adjacent
parcels on either side and said because of the size and the ownership of the
parcels currently, it is impractical to develop them Independently and have a
cohesive land use for the area and stated that he was sorry to see the Porto
Romano Project terminated. He stated that he was disappointed in the land
designation of this area because he believes that this area is one of the
outstanding opportunities for future development along Interstate 15. He
requested that his parcels be a combination of freeway business (medium to high
density) along the cOrridor adjacent to the 15 Freeway and stated that having
commercial properties along the freeway would benefit the City by bringing in
substantial revenue for the City for the next 20 years. He stated that he believes
that this area is not desirable for residential use because of its location adjacent
to the freeway. Therefore, he would like to recommend a combination of
commercial uses, freeway business as it is defined, and medium to high density
r.
Agenda Item No. 18
. Page 32 of 71
PAGE 6 - PLANNING COMMISSION MINUTES - APRIL 15, 2008
in some parts of the area so that it could be developed in the near future and not
wait another 20 years.
Director of Community Development Preisendanz stated that staff is.
recommending Low Medium Density, and no longer commercial use. Staff is
proposing to eliminate freeway business to preserve as much of the hills as
possible because their concem is the view from the freeway.
Mr. Wensley stated that it has taken a long time to possibly develop this area' and
if the Commission agrees with staffs recommendation, It will rule out any
development in the future.
Director of Community Development Preisendanz recommended that staff go
back and review this area again and possibly change it to Medium Density with a
small commercial component and indicated that there is legitimacy for having
neighborhood commercial within medium density.
Commissioner Flores stated that he accepts staffs recommendation for review.
Commissioner Mendoza had no comments.
Vice Chair Gonzales asked Director of Community Development Preisendanz if
the Porto Romano project was terminated.
Director of Community Development Preisendanz stated that it was terminated.
He indicated that staff will re-examine the entire area.
Chairman O'Neal concurred with this.
Ed LambertlJ.J. Swanson O'Neal was the next to speak.
Chairman O'Neal recused himself.
Ed Lambert, Lake Elsinore, California, stated that he owns "The Chimes. building
(2 parcels) which is a historical building in Lake Elsinore. He indicated that the
City wants to change the parcel In the back to residential zoning and he would
like to keep both parcels as commercial.
J.J. Swanson O'Neal requested that the parcel behind be kept as Commercial
Mixed Use and stated that there is commercial around the entire parcel.
Director of Community Development Preisendanz recommended the change to
General Commercial for both parcels.
f
Commissioner Flores stated that to be fair to other land owners that are adjacent
to Mr. Lamberts property, they should be allowed to have commercial also.
Agenda Item No. 18
Page 33 of 71
PAGE 7 - PLANNING COMMISSION MINUTES - APRIL 15, 2008
Commissioner Mendoza agreed with Commissioner Flores and asked Director of
Community Development Preisendanz if this affects the EIR.
Director of Community Development Preisendanz agreed that this is a logical
extension of commercial and stated that staff would review and bring back to the
Commission the cumulative affect this would have on the EIR.
Chairman O'Neal rejoined the Planning Commission.
Joseph Huband, Yucaipa, California, stated that he owns approximately 800
parcels In the Country Club Heights area. He stated that the land designation is
Hillside Residential which he believes is not appropriate because much 0; the
property is flat to level rolling ground. He said he has roughly 150 acres of
property that hasn't been developed yet and is landlocked. He indicated that he
has accumulated over 200 parcels in that area and has 60 acres and his goal is
to get to 80 acres in this area that Is flat and low rolling so that it can be
developed. He indicated that the property is bordered by Industrial. He also
discussed property that he owns on Riverside Drive and Chaney (APN: 375-032-
016) and stated that the entire area is zoned medium to low density and it is also
flat and level. Mr. Huband requested that staff review the land designations of
the areas discussed.
Director of Community Development Preisendanz reviewed Google Earth to look
at the topography of the area and confirmed that the General Plan designation is
Hillside Residential and stated that staff would re-evaluate the topography of his
properties and look at the view from Interstate 15 and note how his property
could integrate into the industrial area.
Chairman O'Neal indicated that he appreciates and understands the change of
designation.
Commissioner Flores concurred with staff to go back for review.
Commissioner Mendoza stated that he concurs with staff's recommendation as
long as it is doesn't isolate separate parcels.
Vice Chair Gonzales agreed that the land designation needs to be reviewed by
staff again.
Director of Community Development Preisendanz stated that the analysis of the
changes of land designation will take time and requested the review period to
June 3, 2008. He also Indicated that staff would be conferring with Jones and
Stokes and Urban Crossroads for all of the requests cumulatively and will look at
how these are going to affect the EIR.
In addition to Mr. Huband's previous parcels discussed. he also has 2 parcels
that are currently zoned commercial on Lakeshore Drive (APN: 375-032-016)
Agenda Item No. 18
Page 34 of 71
PAGE 8 - PLANNING COMMISSION MINUTES -APRIL 15, 2008
that the City has designated as recreational but there is no recreational direction
or usage.
Director of Community Development Prelsendanz defined recreational usage' and
stated that this does not preclude Mr. Huband from developing it and indicated
that the City is going through the Lakeshore Overlay Subcommittee because
there are various Issues regarding commercial uses along the lake such as Army
Corp, access, and topography which need to be addressed and he
recommended reviewing the project.
Commissioner Flores recommended re-evaluating Mr. Huband's areas of
concem and review again.
Commissioner Mendoza recommended re-evaluating Mr. Huband's parcels. He
also agreed with staff in keeping the lake area recreational.
Vice Chair Gonzales wanted clarification from Mr. Huband as to the exact
location of his property on Lakeshore Drive and recommended re-evaluating the
land designation. He also stated that this area should remain recreational.
Paul Castaguo, Lake Elsinore, Califomia, stated that his property is located in the
Lakeshore Overlay District, and he would like to be notified of future General
Plan discussions/meetings regarding the Lakeshore Overlay District. He
indicated that the Lakeshore Overlay District rules and regulations should be
lifted, allowing development for R-3 and commercial properties as designated.
He also stated that property owners should be allowed input on property
development as a whole.
Director of Community Development Preisendanz reviewed Mr. Castaguo's
property on Google Earth and stated that staff is recommending a Recreational
land use.
Mr. Castaguo stated to Director of Community Development Preisendanz that he
has waited 23 years to develop his property and Indicated that it has full utilities
and asked what is allowable.
Director of Community Development Preisendanz explained to Mr. Castaguo'that
staff is proposing Recreational and defined Recreational. He indicated that the
City is going through the Lakeshore Overlay Committee process and through the
consistency zoning of Recreational they will be fine tuning the permitted uses.
Leonard Leichnitz, Lumos Communities, thanked staff, Jones and Stokes, and
community members that worked on the General Plan for their hard work. Mr.
Leichnitz asked that once the General Plan is adopted, will the zoning map that
will follow be exactly the same as the General Plan in terms of density
designations. .
'.
j:
!.
Director of Community Development Preisendanz stated yes.
Agenda Item No. 18
Page 35 of 71
PAGE 9 - PLANNING COMMISSION MINUTES - APRIL 15, 2008
Mr. Lelchnitz asked what the timeframe is and what will happen to development
that Is to move forward during this timeframe.
Director of Community Development Preisendanz stated that staff will review the
zoning that is consistent with the General Plan designation and will move forward
with that zoning district.
Charles Pearson, Lake Elsinore, Califomia, (APN: 379-131-019) stated that this
property is currently zoned High Density Residential and wanted to know what he
is supposed to with commercial zoning on a residential area that is mainly
apartments.
Director of Community Development Preisendanz stated that staff looked' at a
General Plan designation that woulcl provide a substantial commercial venue and
would allow a deeper frontage off of Riverside which would allow clear circulation
(Fire Department).
Mr. Pearson stated that he owns property on Joy Street which is a two lane street
and based on the Map Act it is designated to be a 2 lane street and indicated that
it doesn't make any sense to put a commercial development on a 2 lane street
that is High Density Residential.
Director of Community Development Preisendanz confirmed with Urban
Crossroads that it is a 2 lane street and suggested that the Commission consider
a Medium Density Residential which is 7 to 18 units per acre.
Mr. Pearson stated that this would be acceptable.
PLANNING COMMISSION COMMENTS
Chairman O'Neal confirmed with Director of Community Development
Preisendanz that medium density in this area may be appropriate.
Commissioner Mendoza concurred with medium density.
Commissioner Flores thanked Mr. Pearson for explaining his point and concurred
with the recommendation of medium density due the 2 lane road.
Vice Chair Gonzales concurred with medium density.
Camille Passon, Project Design Consultants, San Diego, Califomia, stated that
they were involved in preparing the Plan and Services for the 31d Street
Annexation area. They were given direction from staff to show the project known
as Wasson West as SpeCific Plan and they noticed that on the Preferred Land
Use Map it doesn't show it as Specific Plan, it shows it as Medium and Low
Medium Density Residential and noted the discrepancy to staff and wanted to
make sure this is corrected.
Agenda Item No. 18
Page 36 of 71
PAGE 10 - PLANNING COMMISSION MINUTES - APRIL 15, 2008
Director of Community Development Preisendanz said that this project was part
of the 3m Street Annexation which hasn't gone forward yet but they did annex it
into the Ramsgate Specific Plan and recommended designation of Specific Plan.
Robert L. Cartier, President of Elsinore Ready Mix, Lake Elsinore, Califomia,
stated that he has owned industrial property of approximately 5 acres for
approximately 60 years and have maintained all City, County, and State permits.
He stated that there are other locations in operation but the tax dollars are In
Lake Elsinore. Mr. Cartier Indicated that their company has been involved with
the community for over 60 years and requested that the land designation stay the
same and not be changed to commercial.
Director of Community Development Preisendanz stated that they are
recommending General Commercial land use because they wanted to provide a
commercial venue for Country Club Heights residents. He indicated that Mr.
Cartier could continue its use as long as it is a legal non-conforming use under
the new General Plan, but would not be allowed to intensify.
Chairman O'Neal asked Director of Community Development Preisendanz if the
zone change allows Mr. Cartier to continue his business but not to grow.
Director of Community Development Preisendanz stated that this was correct.
Chairman O'Neal stated that there may be significant legal ramifications and
indicated that he didn't want to make a decision on this issue. He indicated to
Mr. Cartier that knowing the City's position on the new commercial designation, if
he doesn't agree to this, he should have time to respond to this.
Director of Community Development Preisendanz indicated to Mr. Cartier that the
City's position is the best plan for the area.
Commissioner Flores asked about the additional 5 acres that currently have no
activity.
Mr. Cartier stated that he has an issue with another piece of property that is
located on Larson and Temescal Road that is approximately a 7 acre parcel that
is all industrial in this area but is designated incorrectly as Hillside Residential.
Director of Community Development Preisendanz stated that staff would review
this, and he would meet with Mr. Cartier.
f,
,
b
,
Fred Crowe, Lake Elsinore, California, had a question about the circulation
element of the General Plan. He stated that one of the problems is that when
there are streets shown on the General Plan In the circulation element that there
is no right of way. As an example, he Indicated that Strickland has 20 mile per
hour curves and when the City makes the right curvature to build the road, they
will sever approximately 200 lots of private ownership. He indicated that this 'has
Agenda Item No. 18
Page 37 of 71
. !
PAGE 11 - PLANNING COMMISSION MINUTES - APRIL 15, 2008
been a problem since the first General Plan was adopted and the City needs to
look at what the owners of these properties can do with their land before the City
establishes exact alignment and how they are going to be compensated once the
alignment is established because many of the lots are small and there are
thousands of lots in that area.
II
Chairman O'Neal stated that there could be circulation problems with other larger
projects also.
I
Mr. Crowe indicated that there should be a Policy Statement in the General Plan
of what the private ownerships can do with their land until it is taken. Therefore,
the agency makes the decision on the exact alignment of the roads and then they
purchase right of way from all of the properties that will be taken and there has to
be a finance plan of how to accomplish those takings.
i:
I
I
Director of Community Development Preisendanz clarified that as industrial,
commercial, and residential projects move forward, the City either requires the
dedication of the right of way and/or the improvement thereof, or in lieu fee and
that is how they would like to acquire those streets. He indicated that in the
Country Club Heights area there are roads that are not aligned with the right of
way and those areas are difficult, but they do have in those areas a slope
. easement dedication for a recorded easement of 10 feet, to allow for that
flexibility. He asked Public Works Director to address this issue.
Public Works Director Seumalo stated that the General Plan sets land use
designation and the circulation element is a response to that.
Mr. Crowe stated that once you have a new alignment that isn't exactly the same
as the previous, there needs to be a policy of what to do with properties on each
side.
Public Works Director Seumalo stated that he did agree with Mr. Crowe
regarding having a policy how' they develop the alignments more closely. . He
indicated to Mr. Crowe that the land use is already set and the Circulation
Element is a response to that to efficiently move goods and services, and
vehicles around the City for that. He stated that regarding curves on Strickland
Avenue, he agreed with Mr. Crowe that there is no alignment study that goes
along with the General Plan Circulation Element, It is a Conceptual Circulation
Plan for the City but there are engineering standards that require certain curve
radiuses for the type of street and design speed.
Director of Community Development Preisendanz stated to the Commission that
anytime they have a policy or goal there is a financial affect which needs to be
considered.
Joseph Wulff, Escondido, California, stated that he owns 8.8 acres (APN: 373-
054-026) off Conklin Avenue and stated that the City has proposed the land
Agenda Item No. 18
Page 38 of71
PAGE 12 - PlANNING COMMISSION MINUTES - APRIL 15,2008
designation as Hillside Residential and he is requesting that the density remain
as existing.
Director of Community Development preisendanz viewed this property on
Google Earth and stated that staff would review this again to detennine exactty
where the property Is located because of the topography and suggested meeting
with Mr. Wulff to review this.
Lazar Chang, Rowland Heights, California, (APN: 363-130-060) zoned General
Commercial C-2, and the City proposed to change zoning to tourist commercial
and requested it to remain as General Commercial.
Community Development Director Preisendanz reviewed the property on Google
Earth and confirmed that his property remain as General Commercial on the
Preferred Land Use Plan.
Mr. Chang thanked everyone.
Chainnan O'Neal stated that the meeting would be continued on April 29, 2008 at
6:00 p.m. at the Cultural Center.
INFORMATIONAL
ADJOURNMENT
THERE BEING NO FURTHER BUSINESS, CHAI
ADJOURNED THE MEETING AT 9:24 p.m.
Respectfully Submitted,
O'NEAL
K~ff~J~
Kris Herrington
Office Specialist III
'}.
ATTEST:
~
Rolfe M. Prelsendanz,
Director of Community Development
---
Agenda Item No. 18
Page 39 of 71
MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, APRIL 29,2008
CALL TO ORDER:
ABSENT:
Chairman O'Neal called the Special Planning Com
6:08 pm.
PLEDGE OF ALLEGIANCE:
Commissioner Mendoza led the Pledge
ROLL CALL
PRESENT:
ommunity Development Preisendanz, Planning
y Attorney Santana, Public Works
umalo, and Office Specialist Herrington.
Tim Fleming, re , stated he is a member of the General Plan Advisory
Committee that w formed more than three years ago and has attended every
meeting and Study Session which included Council Members, Planning
Commissioners and staff. He indicated he was very concerned and involved
citizen of Lake Elsinore and stated there were several issues with the updated
General Plan. He referred to the 1990 General Plan and comments made by the
Californian Newspaper dated June 19, 2005. He also referred to the City
Council's February 26, 2008, Assessments District Report given by City staff and
indicated that he believes this is not the time to be down zoning and devaluating
properties by hundreds of thousands of dollars. He stated the GPAC would like
the General Plan to serve as a long range planning tool to achieve the vision and
goals and meet the needs of the City. He said it would be most prudent for the.
Agenda Item No. 18
Page 40 of 71
PAGE 2 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Planning Commission to reconsider its recommendations to City Council for
zoning changes to take place.
CONSENT CALENDAR ITEMS
None.
PUBLIC HEARING ITEMS
1. General Plan Update
Chairman O'Neal opened the Public Hearing at 6:11 p.m
Gary Washburn, resident, referred to APN Nos. 3
He noted the majority of the property falls north
sits behind the RV Park and believes the I
industrial rather than residential.
1 and 347-250-002.
. on. He stated it
tter zoned as
Gary Washburn sR
requested to kee
iverside and Joy Street. He
ndanz stated the logical idea is to
N 375-342-020 and requested the property
esignation.
Director of
been zoned
maintain continu
back.
evelopment Preisendanz indicated the property has
h . rhood Commercial since 1987. He suggested in order
ff is recommending Hillside Residential from Lakeshore
Tim Fleming, requested to come up with a modified plan on some of the
Neighborhood Commercial as the City needs.
Director of Community Development Preisendanz indicated it is the idea of
having a long term General Plan. He indicated staff would establish the areas to
maintain some continuity of uses in the area.
Commission Flores recommended staff to review Tim Fleming's plan to see if a
remedy could be made.
Agenda Item No. 18
Page 41 of 71
~
PAGE 3 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Commissioner Mendoza noted the designation would be the same regardless of
the economic times. He stated in the past couple years, the Commission has
modified zoning requests. He stated the City needs to get a plan established for
the future of the City.
Vice Chairman Gonzales pointed out that Mr. Fleming's property is currently for
sale as Commercial and if the zoning is changed to residential then he would not
be able to sell his property.
Commissioner M
City Council to a
Tim Fleming pointed out the seller must disclose to any
designation is or what it will be. He indicated any zone
go back to the new designation. He indicated it is n
business issue. He stated the area is a pertec
designated under C-1.
Director of Community Development Pr .
properties further. He noted there is a r
limited along the rear, and it is very difficult t
on the three narrow lots.
king at the
r!re Drive,
ommercial
ot rule in Tim Flemings
e would like to move
mmunity Development
n.
nomic times have had an impact on
. g City Council make the final decision.
ree Ith Commission and stated he believes that Mr.
. He indicated the best idea for the General Plan is to
John Johnson, . ss owner spoke of property know as APN 349-400-034
and indicated the operty in mention was part of an annexation and was pre-
zoned as Hillside esidential. He stated that the figuration doesn't blend in with
the Residential. He stated he spoke with staff and requested the area to be
zoned Neighborhood Commercial.
Director of Community Development Preisendanz indicated a site inspection was
completed and recommended that the zoning be changed to Neighborhood
Commercial which would give the neighborhood a place to shop.
Charles Tunstal, business owner spoke of an area of concern near the Porto-
Romano area.
Agenda Item No. 18
Page 42 of 71
PAGE 4 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Director of Community Development Preisendanz indicated staff has looked into
a Commercial Mixed Use for the area. He noted staff is going to have an
analysis . conducted and would bring it to the next meeting with a
recommendation. He stated it is staff's intention to move the General Plan
forward. He stated staff must be careful not to disturb the EIR; otherwise, it
would need to be re-circulated.
Donna Franson, resident, noted staff needs to make the most of the General
Plan Update as it will be in effect for 20 or more years. She noted her concerns
with the area east of the 1-15 which is zoned for Comm :al Residential Use.
She stated larger commercial businesses should not en c pon the historical
center of the City. She stated it would be good to se eneral Plan Update
reflect that area and around Downtown.
does not have
needs to be
ent. He
times per
Director of Community Development Preisen
a project that is currently planned. He not
completed in the area and the only w
advised the public that the General Plan co
year.
Chairman O'Neal recessed the
reconvened the meeting at 7:20 p.
p.m. and
Steve Hunter, prope
015, 028, and 029.
side of Pottery
parcels betwee
located on Pottery re
s with APN 374-061-014,
ems a with the area near the west
ensity with the exception of the six
uggested his parcels which are
Directo
allo
to c
areas.
DUlAC are
all of the Ian
would make eve
Hunter recommen
ent Preisendanz indicated that medium density
'. e stated the purpose of the designation was
the h densities which fronts some of the industrial
'stonc area is Medium Density as it was felt thl;lt 7 - 18
reminded the Commission that staff needs to look at
es and how they might affect the EIR. He stated staff
to make some changes. He stated the change that Mr.
appears to be appropriate.
Shawn Harrison, representing properties owners of the Collier Marsh, indicated
there are many issues with the land to include floodplain issues and biological
resource issues. He indicated the best use for the property would be High
Density Residential.
Director of Community Development Preisendanz stated engineering is looking
at a connection between Pasadena and Baker Street to provide some continuity
and destination to Nichols Rd. He noted there are many constraints, wetlands
being one of them. He stated the direction from General Plan Advisory
Agenda Item No. 18
. Page 43 of 71
PAGE 5 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Committee (GPAC) is to find more Industrial and Business Park areas. He noted
with the direction from GPAC he would continue to support the Industrial use in
that area, especially considering the future circulation from Pasadena to Baker.
Shawn Harrison stated he agrees that industrial needs to be part of the
Business District and the residential land use would be adding development to
the area. He stated he agrees with the connection from Nichols Road to Central
Avenue is necessary for the City and to get the necessary infrastructure.
Director of Community Development Preisendanz stated he respectfully
disagrees. He indicated staff has been tasked to locate a uch industrial area
as possible.
Director of Community Development Preis
been designated as Public Institutional.
zoned as Limited Industrial.
Commissioner Zanelli indicated he concurs with the
Mike Quirk, business owner spoke of APN
purchase the land from the City.
l~ated the operty has
is possible that it could be
s Plaza located on
2. e stated it appears that
tfr-ixed Use Residential. He
with that zoning.
301-021 and 005 and stated he is
self and indicated they would like to
Dire
the a
Machado
streets. He
there is oppo
take a look at it.
t Preisendanz spoke of the depth issues in
Ne orhood Commercial could be worked out from
e inaicated access could be obtained from the side
be difficult to develOp one single lot. He indicated
er, with restrictions, and suggested having City Council
Commissioner Zanelli suggested looking at the east side of Lakeshore as well.
Director of Community Development Preisendanz spoke of an area next to the
La Laguna Specific Plan. He noted it was designated as Open Space. He
indicated, since then, it was discovered that there was an annexation effort by La
Laguna Heights to annex into the City. He indicated that the Specific Plan was
approved by an Ordinance and based on the Ordinance and Legal Counsel; the
area would need to be approved as a Specific Plan designation.
Agenda Item No. 18
Page 44 of 71
PAGE 6 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Chairman O'Neal recessed the Planning Commission at 8:13 p.m. and
reconvened at 8:19 p.m.
Joseph Banayan, property owner, spoke of APN 374-062-018 which is located
at Flint and Spring Street. He indicated the property was zoned Commercial and
since has changed to Residential and indicated he did not feel it was not a good
choice for that location. .
Director of Community Development Preisendanz disagreed with Mr. Banayan.
He indicated the area is within the Historic Overlay Area and will eventually be
the Downtown District. He stated the idea is to affo portunity for High
Density Residential to allow for residents to walk to Mai for shopping. He
did not recommend changing to Commercial. He als ted that Residential
Mixed Use could be an appropriate use; however, d to look on how it
would effect the traffic and street improvemen nding area. He
suggested taking the Residential Mixed Use idential Mixed
Use.
Chairman O'Neal
Preisendanz.
Commissioner Mendoza asked
purchased.
ago was the land
. -054-005-010 and indicated when he
ned R-2 and recommends for the lots
as his vision to eventually build Santa Barbara
d it is very difficult to build along the hillside.
g, it would make it very difficult to build.
Director of velopment Preisendanz stated he has scheduled a
meeting with uba to discuss the issues with the same area in discussion.
He indicated to es that he could also meet with him at the same time. He
indicated that topo phy has an issue with that area and making changes to the
zoning could have an affect on the EIR.
Commissioner Mendoza agreed with Mr. Flores indicating the area needs to
remain as it is zoned.
Weldon Page, resident, stated that Lake Elsinore has potential and stated that
this is what brought him to the area. He indicated it takes time to develop the
land.
Agenda Item No. 18
Page 45 of71
PAGE 7 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Tim. Fleming indicated Mr. Page's has concerns with one parcel located on
Collier Avenue, APN 378-020.050 which he owns. He indicated the two lots next
to his are zoned Commercial/Industrial. Mr. Page inquired as to why his parcels
are not zoned Commercial/Industrial as well. .
Director of Community Development Preisendanz responded by saying the
FEMA Map shows the area as Flood Way. He indicated he would check with
FEMA to verify the information.
Christos Smyrniotis, property owner, spoke of APN 378-030-007 and 009 and
indicated the area is zoned Commercial Manufacturing. e was told. by the
Planning Commission and the Director of Community D ent that the area
would be looked into and he wanted to know if the . sion has any further
information.
ral Plan Update, a
Id have an effect on
Director of Community Development Preise
chance to review, but would look into the ar .
Fred Crowe, resident, spoke of inadequacy
to include issues with widening and traffic on C
Pete Dawson, resident, spoke 0
possible bike path that abuts the
the County residents.
endan ndicated Lakeland Village is
indicated the County supersedes and
tated the City would still like to
would need to get the approval from
N 347-110-076 and3 and indicating that the
Use and would like to have it changed to
Director of Co evelopment Preisendanz indicated the only suggestion
he would have ~ ommission is to look at a Commercial Land use from the
Specific Plan over Neil Road. He stated the idea is to match the zoning within
the cul-de-sac an allow Residential in that area. He indicated that commercial
uses along Hwy 74 would be appropriate. He indicated he would like to look into
the area more, and discuss with the Commission later.
Wendy Collins, property owner, spoke of APN 349-400-022 which was part of
an annexation that is zoned Low-Medium Residential and requested the lot be
re-zoned as Commercial.
Director of Community Development Preisendanz suggested to the Commission
to re-examine at that area so it may accommodate Commercial or Neighborhood
Agenda Item No. 18
Page 46 of 71
PAGE 8 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Commercial. He noted there is possibly an MSHCP corridor that is slated
through the area that comes from the south to the north. He stated it could be
designated as Commercial, but would need to look on how to process the
MSHCP at a later date.
Terri Mendez, resident, spoke of APN 347-110-014 requesting the area be re-
zoned to Commercial or Medium Density.
Director of Community Development Preisendanz indicated staff and the
Commission would be looking at the frontage along Hwy 74.
Commissioner Flores inquired on how far away is Ms.
High Density.
's property from
Director of Community Development Preisenda
could work better for that area.
Elbert Smith, property owner indicated",
have been already discussed. He asked
adjacent from Machado Storage. He also aske
located westerly of the 'Viscaya" idential deve
that the area across
a west from the Viscaya
Stephen
Groves.
isendanz indicated the area is zoned
the City's Sphere of Influence but still in the
Eric Ma I
up" to the
stated overcro
and water shorta
ke of the City's overcrowding and suggested to "catch
evelopment before moving towards High Density. He
d have a negative affect on the City's sewers system
Chairman O'Neal recessed the Planning Commission meeting at 9:30 p.m. and
reconvened the meeting at 9:40 p.m.
Tom Tomlinson, representing Castle & Cooke, provided the Commission with a
Power Point presentation and inquired about some areas of concern, which
included an explanation of the Floodway designation, specifically with the area
pertaining to the area near Pacific Clay.
Director of Community Development Preisendanz stated he would look into it.
Agenda Item No. 18
Page 47 of 71
PAGE 9 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
Tom Tomlinson spoke of commercial uses for the development of Commercial
office space or medical where the existing Pacific Clay is located. He indicated it
could also be used for a 60 acre Junior College that could accommodate up to
6,000 students. He indicated part of the issues, with the area, is caused from the
Alberhill Treatment Plant for EVMWD. He also spoke of designation ownership
as a future Specific Plan subject to the Development Agreement.
Director of Community Development Preisendanz indicated staff has wanted to
do away from the Specific Plan; he indicated the solution would selve two
purposes. He indicated in the Development Agreement it states they would need
to submit a Specific Plan.
Tom Tomlinson spoke of his concerns with the traffic
ads, indi . 'they prepared the Traffic Study for
'6ata that was provide was converted
u e gs units for the purposes of running the
d in the study there is a table that shows low-
up to a maximum of six dwelling u,nits per
for e category, established a mid-range density for
s the exact same approach that was taken from the
process. He stated, it is very rare that through out the
developed at maximum density, and using these mid
em a reasonable and defensible basis for doing the
General Plan anal, IS and sizes the roadways appropriately. He indicated, even
if every acre of land was shown on the City's Land Use Map, it was calculated as
Residential designation and they would have been using four per acre rather
than the six units per acre. He indicated he believes there were areas within this
particular land area that don't match the boundaries. He indicated the areas that
were designated as commercial land would then have been calculated as
Commercial areas and would not have had dwelling units associated with them.
Director of Community Development Preisendanz stated the Specific Plan looks
great however he does not appreciate them stating that the City has done
something wrong because the City analyzed an area that was future Specific
Agenda Item No. 18
Page 48 of 71
I
I
PAGE 10 -' PLANNING COMMISSION MINUTES - APRIL 29, 2008
Plan based on the Development Agreement and the General Plan. He asked
how long it would take to analyze six dwelling units per acre.
Carlton Waters indicated he would recommend looking at the changes
altogether. He indicated it would take some time to conduct the analysis.
Director of Community Development Preisendanz inquired as to how it would
affect the EIR.
Carlton Waters indicated the same roadway system be maintained, possibly
with some modifications to the recommended roadway sys
Chairman O'Neal inquired if mass-transit has been co
Carlton Waters stated Metro link was not cons' e
indicated in the General Plan Circulation Ele
interchange was not included in the update
'ty level. He also
for the Nichols
extraction area and
Pia In the Pacific Clay area.
sure it is included in the
MSHCP policy based on the
Pr endanz indicated the new MSHCP
ncil.
Stev
Ca
Plan an
Update ass
Housing Elem
enting Castle & Cooke acknowledged that
t on the designation. He spoke of the General
of he recirculation under CEQA, the General Plan
MSHCP, the acreage replacement program, and the
ing changes to spot zoning.
Chairman O'Neal
sed the Public Hearing at 11 :11 p.m.
INFORMATIONAL
None.
STAFF COMMENTS
Director of Community Development Preisendanz commented on the following:
Agenda Item No. 18
Page 49 of 71
PAGE 11 - PLANNING COMMISSION MINUTES - APRIL 29, 2008
· He spoke of a Study Session to be held on May 13th at 4:30 p.m. between the
City Council and Planning Commission. He indicated that Hogle-Ireland
would be providing a presentation on the Housing Element.
PLANNING COMMISSIONERS' COMMENTS
None.
ADJOURNMENT
It was motioned by Commissioner Mendoza, seconded by
to adjourn to the May 6, 2008 Regular Planning Com
p.m.. located at 183 N. Main Street, Lake Elsinore, C
The Planning Commission meeting adjou
. ommissioner Flores
Il meeting at 6:00
o. .
Respectfully Submitted,
Dana C. Porche
Office Specialist I
Agenda Item No. 18
Page 50 of 71
~
MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, MAY 6, 2008
CALL TO ORDER:
Chairman O'Neal called the regular Planning Commission meeting to order at
6:13 p.m.
PLEDGE OF ALLEGIANCE:
Vice Chairman Gonzales led the Pledge of Allegiance.
ROLL CALL
PRESENT:
CHAIRMAN O'NEAL
VICE-CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NONE
ABSENT:
Also present were: Director of Community Development Preisendanz, Planning
Manager Weiner, Deputy City Attorney Santana, Director of Public Works
Seumalo, Planning Consultant Coury, Planning Technician Miller, Associate
Planner Resendiz, Planning Technician Bitterolf, Planning Consultant Donahoe,
Associate Planner Carlson, and Office Specialist Herrington.
PLANNING COMMISSION ADDED ITEM NO. 10 UNDER BUSINESS ITEMS
Deputy City Attorney Santana received a request to have an item re-opened for
public comments. She stated the request was received after the Planning
Commission Agenda had been posted and therefore was not placed. on the
present Agenda. She stated should the Commission wish to have it placed on
the Agenda under Business Items, a motion must made and passed by a 2/3
vote of the Commission, making a finding that there is a need to take immediate
action and the need arose after the Agenda was posted.
It was motioned by Commissioner Zanelli, seconded by Chairman O'Neal to add
to the end of the Agenda in the Business Items, a request for a Public Hearing on
May 20th, 2008, for the purpose of allowing public comments, on staff responses
Agenda Item No. 18
Page 51 of 71
1
to the public comments that were made during the General Plan Update on the
April 15th and 29th Planning Commission Hearings.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE-CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Joseph Huband, Yucipa, addressed the Commission regarding the General
Plan Update. He addressed an area that was not part of the Country Club
Heights Study and was concerned on the timing of the General Plan Update.
Tim Fleming, resident, spoke of the new Land Use Plan. He requested the
Commission stop the proposed General Plan Update from going to the City
Council.
William Trisler, resident, asked the Commission to review his alteration plans in
order to prevent the City from having to demo the front portion of his house.
Chairman O'Neal asked Mr. Trisler which staff member had he spoke with.
Mr. Trisler stated he has spoken with the Director of Community Development
Preisendanz, and the Planning Manager.
Chairman O'Neal pointed out the item is not on the Agenda and therefore isn't
something that could be discussed.
Director of Community Development Preisendanz indicated the City'~ Code
Enforcement has placed the house into the Structure Abatement Program and
extension's have been given to Mr. Trisler. He suggested that staff discuss this
further with the Building Official.
Chairman O'Neal asked the Director of Community Development Preisendanz if
a 30-day extension could be granted in order for Mr. Trisler to obtain financial
assistance. Director of Community Development Preisendanz agreed.
2
Agenda Item No. 18
Page 52 of 71
PLANNING COMMISSION APPROVES CONSENT CALENDAR ITEM NO.1
The following item was listed on the Consent Calendar for Planning
Commissioner approval:
1. Minor Desion Review ofa Sinole-Familv residence located on Strickland
Avenue (APN: 375-011-012)
It was. motioned by Commissioner Zanelli, seconded by Commissioner
Mendoza to adopt Resolution No. 2008-35, approving a Minor Design Review
for a conventionally built single-family dwelling unit located Strickland Avenue.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
PUBLIC HEARING ITEMS
2. Tentative Parcel Mao No. 36017 and Residential Desion Review No. 2007-12
located at Lakeshore Villaoe Aoartments
Chairman O'Neal opened the Public Hearing at 6:27 p.m.
Abraham, (speaker unable to hear last name) stated he owns property
adjacent to this project and requests help with intercepting all existing and
proposed run off before reaching his property.
Planning Consultant Coury stated that he would discuss with Abraham and
the Engineering Department regarding drainage.
It was motioned by Commissioner Flores, and seconded by Commissioner
Mendoza to continue the Tentative Parcel Map No. 36017 and Residential
Design Review No. 2007-12.
The following vote resulted:
3
Agenda Item No. 18
Page 53 of 71
AYES:
NOES:
CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NONE
I
ABSENT: NONE
ABSTAIN: NONE
3. Conditional Use Permit No. 2008-08 for a Martial Arts School located at
29460 Hunco Wav. Unit D. within the "Pasadena Business Park"
Chairman opened the Public Hearing at 6:31 P.M.
Director of Community Development Preisendanz introduced Planning
Technician Miller to provide an overview of the project with the Planning
Commission. .
Planning Technician Miller provided the Commission with an overview of the
project. She stated staff recommends approval of the project based on the
Findings, Exhibits and is subject to the Conditions of Approval. She indicated
that the applicant is available to answer any questions that the Commission
may have.
Chairman O'Neal requested the applicant to approach the podium.
Konrad Spellman, applicant indicated that he has read and agrees to the
Conditions of Approval.
Commissioner Flores indicated he concurs with staffs recommendation.
A motion was made by Commissioner Mendoza, and seconded bY Vice
Chairman Gonzales to adopt Resolution No. 2008-36, a Resolution of the
Planning Commission of the City of Lake Elsinore, Califomia, approving
Conditional Use Permit No. 2008-08.
The following vote resulted:
AYES:
NOES:
CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NONE
Agenda Item No. 18
Page 54 of 71
4
ABSENT: NONE
ABSTAIN: NONE
4. Conditional Use Permit No. 2008-03 for Glory Skateboards-Indoor Skate Park
facilitv located at 18541 Collier Avenue. APN: 377-151-093
Chairman O'Neal opened the Public Hearing at 6:33 p.m.
Director of Community Development Preisendanz introduced the item and
indicated that Associate Planner Resendiz would provide the Commission
with an overview of the project.
Associate Planner Resendiz provided an overview of the project to the
Commission. He stated that staff recommends approval of the project based
on the Findings, Exhibits, and is subject to the Conditions of Approval. He
noted the applicant is available to discuss any questions that the Commission
may have.
Chairman O'Neal requested the applicant to approach the podium.
Jonathon Mills, applicant, for the project stated he agrees to all of the
Conditions, however just learned prior to the meeting that staff is now
requesting a security guard. He noted the two on-site employees would be
monitoring the premises and felt having a security guard would be an un-
necessary expense.
Director of Community Development Preisendanz noted staff's' original
concern was having safety in the Business Park and the project is managed
well. He noted the Condition could be re-written to include language of the
two staff members monitoring the premises.
Chairman O'Neal closed the Public Hearing at 6:37 p.m.
Vice Chairman Gonzales asked the applicant how many students could be at
the facility at a time.
Mr. Mills estimated the project could hold approximately 30 customers at one
time.
It was motioned by Commissioner Mendoza, seconded by Commissioner
Flores to adopt Resolution No. 2008-37, approving Conditional Use Permit
No. 2008-03 including the modification to the Conditions of Approval as
recommended.
The following vote resulted:
5
Agenda Item No. 18
Page 55 of 71
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. Conditional Use Permit No. 2007-28 and Tentative Condominium Map No.
35890 "Fairwav Business Park"
Chairman O'Neal opened the Public Hearing at 6:39 p.m.
Director of Community Development Preisendanz introduced Planning
Technician Bitterolf and indicated he would be providing the Commission with
an overview of the project.
Planning Technician Bitterolf provided the Commission with an overview of
the project. He noted a correction to the staff report located under the
Background Heading, 1st sentence should read: On December 06, 2007 and
December 27, 2007. He stated staff recommends approval of the project,
based on the Findings, Exhibits, and is subject to the Conditions of Approval.
He stated the applicant is available to answer any questions the Commission
may have.
Mike Schweitzer, representing the applicant indicated he agrees to the
Conditions of Approval.
Chairman O'Neal closed the Public Hearing at 6:42 p.m.
Commissioner's Flores noted the expired Engineer's Professional Stamp is
out-dated and recommended before the project is heard before City ~ouncil,
that the stamp is fixed.
Chairman O'Neal requested a motion.
It was motioned by Commissioner Flores, seconded by Commissioner
Mendoza to adopt Resolution No. 2008-38, approving Conditional Use Permit
No. 2007-28.
The following vote resulted:
Agenda Item No. 18
Page 56 of 71
6
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Vice Chairman Gonzales, seconded by Commissioner
Mendoza to adopt Resolution No. 2008-39, recommending City Council
approval ofTentative Condominium Parcel Map No. 35890.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. Conditional Use Permit No. 2007-27 and a Minor Desiqn Review - "T-Mobile"
wireless monopalm cellular tower facilitv
Chairman O'Neal opened the Public Hearing at 6:45 P.M.
Director of Community Development Preisendanz introduced Planning
Consultant Coury and indicated he would be providing an overview of the
project with the Commission.
Planning Consultant Coury provided an overview of the project to the
Commission. He noted a correction to the staff report located under the
project description heading, second sentence should read: 1,105 square foot
lease area. He indicated staff is recommending approval of the project based
on the Findings, Exhibits and is subject to the Conditions of Approval. He
noted that the applicant is available to answer any questions that the
Commission may have.
Chairman O'Neal requested the applicant to approach the podium.
7
Agenda Item No. 18
Page 57 of 71
Monica Moreta, applicant, indicated she agrees to. the Conditions of
Approval.
Chairman O'Neal closed the Public Hearing at 6:47 p.m.
It was motioned made by Commissioner Mendoza, seconded by
Commissioner Flores to adopt Resolution No. 2008-40, approving Conditional
Use Permit No. 2007-27.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
A motion was made by Vice Chairman Gonzales, and seconded by
Commissioner Mendoza, to adopt Resolution No. 2008-41, approving a Minor
Design Review for the design and construction of aT-Mobile "mono palm"
wireless antenna tower facility.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMANGONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. Conditional Use Permit No. 2005-26. Tentative Tract Map No. 34346 for
condominium purposes. and Residential Desion Review No. 2005-27. for
"The Colon v."
,
Chairman O'Neal opened the Public Hearing at 6:49 p.m.
8
Agenda Item No. 18
Page 58 of71
Project Planner Donahoe provided a brief overview of the project. She noted
the applicant has requested that Condition of Approval Numbers 87 and 101
be modified. She recommended approval of the project based on the
Findings, Exhibits and is subject to the Conditions of Approval. She also
indicated the developer and their team were available to answer any
questions the Commission may have.
Chairman O'Neal asked which buildings were two-stories.
Project Planner Donahoe stated that buildings A & B along Mission Trail are
the two stories buildings.
Chairman O'Neal requested the applicant to approach the podium.
Peter Bachmann, applicant, thanked the staff for assistance with the project
and stated that he agrees to the Conditions of Approval.
Chairman O'Neal requested any public speakers to speak either for or against
the project.
Leonard Leichnitz, Lumos Communities LLC., spoke in opposition of the
project due to the project being too dense, zoning issues and too many
housing units allowed within the East Lake Specific Plan.
Project Planner Donahoe addressed the density issue. She pointed out to the
Commission that the R-2 designation allows up to 14 dwelling units per acre.
She also indicated staff has prepared a Conditional Use Permit which is
required by the East Lake Specific Plan, should an R-3 project be
implemented within an R-2 designation.
Project Planner Donahoe also spoke of the loop road system. She indicated
staff determined that the deletion of the loop road to the north of Olive Street
could be eliminated, as it does not circulate traffic as it had originally intended
to do.
Project Planner Donahoe also addressed Mr. Leichnitz's concern with the
numerous driveways that would exit onto Mission Trail. She indicated it is
staffs belief that the other properties that are vacant and available along
Mission Trail would follow suit, due to the flood storage basin requirements for
any project within the East Lake Specific Plan.
Project Planner Donahoe addressed the concern of the traffic study that was
conducted for the area. She noted it is common for a traffic impact analysis
to be conducted during the approval process. She pointed out the project
was designed for active senior living with all of the amenities.
9
Agenda Item No. 18
Page 59 of 71
Deputy City Attorney Santana noted there was a comment made regarding
the appendix "A". She stated the Land Use Map is in conjunction with the
narrative explanation which controls the land use.
Chairman O'Neal closed the Public Hearing at 7:46 P.M. and brought the
discussion back to the Commission for comments.
Commissioner Flores asked staff the amount of traffic signals being installed.
Mr. Bachmann indicated that the traffic signal at Olive and Mission Trail be
installed prior to occupancy.
Commissioner Flores asked about the plugging of the abandoned on site well.
Project Planner Donahoe indicated the City's Environmental Consultant felt
this information needed to be identified in the report.
Commissioner Mendoza noted it was unusual to see a three-story building in
a senior complex.
Mr. Bachmann pointed out to Commissioner Mendoza that all building is
designed to have elevators and all units are single-story.
Vice Chairman Gonzales noted that since seniors would have golf carts,
there be a trail for them to get to the nearby golf course.
Mr. Bachmann indicated that there would not be a trail. He noted the carts
would be used for commuting around community.
Vice Chairman Gonzales asked about the water holding tank.
Scott Wilson, civil engineer indicated that there would be some drainage
coming from Sedco Hills. He noted that there are specific points that collect
the water which comes through the back basin. He indicated for this area the
water goes towards Olive Street and is collected through a channel that is just
to the south.
A motion was made by Commissioner Zanelli, seconded by Vice Chairman
Gonzales to adopt Resolution No. 2008-42, recommending that the City
Council of the City of Lake Elsinore, California adopt findings that the project
is consistent with the Multiple Species Habitat Conservation Plan (MSHCP).
The following vote resulted:
10
Agenda Item No. 18
Page 60 of 71
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Commissioner Zanelli, second by Commissioner Flores, to
adopt Resolution No. 2008-43, recommending to the City Council of the City
of Lake Elsinore adoption of Mitigated Negative Declaration No. 2008-06.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Commissioner Flores, second by Commissioner Zanelli to
adopt Resolution No. 2008-44, approving Conditional Use Permit No. 2005-
26.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
11
Agenda Item No. 18
Page 61 of 71
It was motioned by Commissioner Flores, second by Commissioner Mendoza
to adopt Resolution No. 2008-45, recommending to the City Council approval
ofTentative Tract Map No. 34346.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Commissioner Mendoza, second by Commissioner Zanelli
to adopt Resolution No. 2008-46, recommending to the City Council approval
of Residential Design Review No. 2005-27.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Chairman O'Neal requested a five-minute recess at 7:59 P.M. and
reconvened the meeting at 8:05 p.m.
8. Conditional Use Permit No. 2008-09: a Reauest to Establish a Live Music.
Dancina. and Entertainment Venue within the Restaurant Area of an Existina
Bowlina and Arcade Facility Located at 32250 Mission Trail CAPN 365-040-
024) Lake Elsinore. CA 92530
Chairman O'Neal opened the Public Hearing at 8:05 p.m.
12
Agenda Item No. 18
Page 62 of 71
Director of Community Development Preisendanz provided a brief overview of
the proposed project and requested Planning Manager Weiner to review it
with the Commission and answer questions.
Planning Manager Weiner provided an overview of the project and stated the
applicant is requesting a Conditional Use Permit (CUP) approval. for the
establishment and operation of a live music, dancing, and entertainment
venue within the existing restaurant portion of the building. He discussed the
interior improvements that would be made, and parking and circulation and
stated that the Conditions that were recommended include security
measures, hours of operation, alcohol related items, and site maintenance.
He indicated staff received one (1) letter in opposition to this, which was
distributed to the Commission.
Michel Knight, applicant, stated his original plan was to have mixed use with
a bowling alley at the back of the building, but staff said there would be
parking issues with mixed use and suggested that the entire project be turned
into an Entertainment Center. Mr. Knight stated that he agreed with staffs
suggestion but indicated that this project, including advertising cost, was
approximately $4 million. He also indicated he is having a difficult time
getting people to come there' and also to get qualified employees to work
there. He said the building continually gets graffiti and according to one of the
Conditions of Approval, it is supposed to be cleaned up within 24 hours. He
also inquired as to who gets the invoice for the clean up. He continued to
explain that the reason the landscaping hasn't been done is that he has to
keep replacing the sprinkler heads because they keep getting stolen. He also
asked for security for the building.
Chairman O'Neal asked Planning Manager Weiner if the landscaping can be
done by the owners of the property.
Planning Manager Weiner stated a request can be made to the Landlord to
complete the landscaping.
Director of Community Development Preisendanz indicated to Mr. Knight that
the City cim request Code Enforcement to handle the security.
Mr. Knight indicated this would help.
Mr. Knight stated for approximately six months, the Lake Elsinore Elks Club
has been utilizing the back area of the building that was the children's arcade
(approximately 8,000 square feet), at no cost, because their building burned.
He continued by stating they could continue to use it free of charge until they
rebuild. He also requested that this space be used for future events such as
weddings, public events, live entertainment for concerts, etc. because there is
a need for a facility of this size for various functions.
13
Agenda Item No. 18
Page 63 of 71
Alfredo Garcia, resident, stated he and other associates have been involved
in the preparation of the blueprints for Trevi Center. He indicated they have
been reviewing the requirements and they are doing their best to meet all the
requirements. He stated he understands the City Council, the Planning
Commission, and staff would like to do what is best for the City and its
community and they also share that vision.
Alexis Cossna, representing the Best Western Hotel, Lake Elsinore,
California, requested that the "permit" not be given to Trevi Entertainment
Center. She indicated she works at the Hotel behind the Trevi Center and
stated there has been a lot of noise coming from the center as a result of
bands, etc. and that her customers are complaining about the noise and
requesting refunds. She also indicated there may be problems in the future
because of all of the people that are going to these events. She continued by
stating, they have called the police several times and said that this could ruin
their business.
Mukish Patel, representing the Best Western Hotel, Lake Elsinore, California,
stated that he is opposing a "permit" be given to Trevi Entertainment Center
because the Hotel is getting a lot of complaints from the guests regarding
loud music, crowds, etc. and have had to give refunds to customers. He
stated the Hotel is a benefit to the City and if the "permit" is approved there
will be problems for nearby businesses and residents that live in the area.
Ajay Patel, General Manager of the Best Western Hotel, stated there have
been many complaints made regarding the noise coming from Trevi
Entertainment Center. He. is concerned. if the doors are left open when music
is playing, there will be considerable noise to the guests staying at the Hotel.
He also indicated there has been problems with loitering at the back of the
building and has concerns of about controlling the crowds that will be going
there in the future.
Bryce Ebeling, owner of Money Mailer, Temecula, California indicated that
he is an Advisory Board Member of the Temecula Valley People Helping
People, and Ambassador for Temecula and Murrieta Chambers of
Commerce. He requested "permits" for Trevi Center be permanently denied
until they begin abiding by City laws. He stated Trevi owes approximately
$14,000 to "Money Mailer" in Temecula and also owes money to other
organizations.
Chairman O'Neal asked that Mr. Ebeling not discuss what Trevi Center owes
to other organizations because he does not represent thos.e organizations.
Mr. Ebeling concluded by stating Trevi Entertainment Center consistently
ignored City codes, and began construction in January 2007 without having
City permits; he did not complete landscaping, he ran and operated a night
club without permits. He concluded requesting that the permit be denied.
Agenda Item No. 18
Page 64 of 71
14
Mr. Knight responded back to Mr. Ebeling regarding his statements and said
that Trevi Entertainment Center has only been in the City for one (1) year and
has not seen any collections on any of this. He stated that regarding live
music being played at Trevi Entertainment Center, currently the Elks Club
play music there 3 times a week with the doors closed and doesn't believe
there have been any complaints made in the last six months. He stated there
would not be live music on the patio and when it is in the building, the doors
will always be closed. He also mentioned when he started the project, the
Director of Community Development Preisendanz and Planning Manager
Weiner suggested it would be a great idea if there was a walkway or an
escalator between Trevi Entertainment Center and the Best Western Hotel so
that it would give their guests a way to come to the Center and be
entertained.
Chairman O'Neal closed the Public Hearing at 8:36 p.m.
Commissioner Flores thanked the local business owner who came out to
speak against Trevi Lanes. He asked Mr. Patel ifthere were any complaints
by Hotel guests regarding the Baseball game being playing nearby.
Mr. Patel stated there were no complaints from the baseball game being
played because the game is over by 10:00 or 11 :00 pm and stated there is
loud music coming from Trevi Lanes until 12:00 a.m. to 1 :00 a.m.
Commissioner Flores asked if there were many customers that have gone to
Trevi Entertainment Center that have stayed at the Hotel.
Mr. Patel didn't know.
Commissioner Flores stated to Mr. Patel that if the guests are going to Trevi
Entertainment Center and stayed at their Hotel it would be a benefit for his
business and indicated that the other Hotel near Trevi Entertainment Center
hasn't made any complaints about the noise.
Commissioner Flores confirmed with Mr. Knight that when there is music
playing the doors to the patio need to be closed.
Mr. Knight indicated the doors would be closed when there is music playing.
Chairman O'Neal asked with Mr. Knight if there would BBQ uses during the
day.
Mr. Knight stated that they are proposing a mesquite BBQ on Sundays.
Commissioner Flores stated he is glad that Trevi Entertainment Center is in
the City. He indicated his family has had the opportunity to utilize Trevi
Entertainment Center and he believes that the bowling alley and
entertainment center has been needed in the City. He acknowledged that the
Agenda Item No. 18
Page 65 of 71
15
City has had issues with Mr. Knight in the past, but the issues have been
resolved and he believes that Trevi Entertainment Center would be a plus for
the City and for the citizens of the community.
Commissioner Mendoza stated that he believes that Mr. Knight's intensions
are great and the entertainment is fantastic. He indicated that he was a
strong supporter of the project even though there was illegal construction
going on. He stated that Mr. Knight failed to abide by the City codes and also
indicated that he requested information from the Sl)eriff's Department
regarding the types of problems that have occurred there since they have
opened. He conveyed that the Sheriff's Department stated that there have
been several problems. Commissioner Mendoza indicated that he doesn't
believe that Mr. Knight is monitoring the doors when music is playing and said
that he cannot currently support the request for the CUP until he shows good
faith and resolves the issues.
Vice Chairman Gonzales asked Mr. Patel if the noise coming from Trevi
Entertainment Center was coming from inside of the building while the doors
were open or was the noise coming from outside behind the building where
the customers should not be gathering?
Mr. Patel stated that in October or November he noticed there were about
200 people at the rear of the building, entering in and out of the area and they
were very loud.
Vice Chairman Gonzales indicated he went by Trevi Entertainment Center
recently and the security door was not on. He stated to Mr. Patel, if there are
people loitering behind the building, this would be a police and security issue,
and asked Director of Community Development Preisendanz if there is a
Noise Ordinance in place.
Director of Community Development Preisendanz stated that there is a Noise
Ordinance.
Vice Chairman Gonzales stated, if there is a loitering problem, security needs
to be increased and referred to Condition No. 33 regarding monitoring of
surveillance.
Mr. Knight indicated that the Police Department would be requiring security
cameras.
Vice Chairman Gonzales asked Mr. Knight what the facility would be utilized
for.
Mr. Knight stated, the facility is not a night club, but rather utilized for various
functions such as weddings, parties, etc.
Vice Chairman Gonzales asked what the hours of operation are.
Agenda Item No. 18
Page 66 of 71
16
Mr. Knight stated, during the week they close at 12;00 a.m. and stop serving
alcohol at 11 ;00 p.m. He noted on the weekends they close at 2:00 a.m. and
stop serving alcohol at 1 ;00 a.m. He stated they will follow the Noise
Ordinance.
Chairman O'Neal stated to Mr. Ebeling as far as any money that is owed to
him by Mr. Knight, it has no place at the Planning Commission meeting.
Chairman O'Neal indicated he supports the CUP.
Commissioner Zanelli stated that he agrees with Commissioner Mendoza in
that he cannot support the Conditional Use Permit until Mr. Knight can
demonstrate that he can comply with the requirements of the City.
Mr. Knight indicated that that he would be relocating the storage containers
to another facility within 60 days.
Planning Manager Weiner requested clarification regarding the Conditions of
Approval regarding the night club use.
Chairman O'Neal asked the Director of Community Development
Preisendanz to address these questions and asked him to explain how he
feels about Trevi Entertainment Center.
Director of Community Development Preisendanz indicated that there have
been problems in the past, but Mr. Knight has resolved the problems. He
indicated that the City is not opposed to a night club there, but the request is
for a multi purpose room which would have scheduled events within it and
that it would be called the Illusions Club. He indicated the CUP on the
application is for "live entertainment" and recommended that it be operated
and approved as an umbrella for an entire club and have Conditions of
Approval to support this. He indicated that staff has not received Conditions
from the Police Department and that they will be getting comments from Chief
Fetherolf. .
Chairman O'Neal asked Director of Community Development Preisendanz to
respond to Commissioner Zanelli and Commissioner Mendoza's comments
regarding the problems that Trevi Entertainment Center has had in the past
and explain how the City has dealt with these problems.
Director of Community Development Preisendanz stated there have been
problems in the past and stated that Mr. Knight has agreed to address these
problems. He indicat~d there is only one more inspection left for tire and one
more inspection left foi building. He reiterated that the City's vision is to have
a club venue, not a full time night club, which would be more efficient and
affective for staff, if approved.
17
Agenda Item No. 18
Page 67 of 71
Commissioner Zanelli stated, it is the responsibility of management to make
sure there is no loitering behind the building; he also indicated that according
to what has happened in the past, he advised that the permit be revoked.
Mr. Knight stated that he would have enough security when there are' parties,
and he would be responsible for controlling the crowds. He indicated if there
are gangs that come into the area; this would be a police issue.
Vice Chairman Gonzales asked if Mr. Knight if he could put security gates at
the back of the building.
Director of Community Development Preisendanz stated that he wovld need
to check with the Fire Department regarding this, but believes this could be a
fire hazard.
Director of Community Development Preisendanz concluded by saying that
he believes Trevi Entertainment Center could have a positive venue as long
as all of the various issues are resolved, then Mr. Knight could have an
affective and successful business.
Commissioner Zanelli stated that staff needs to strike Conditions 17 and 18.
Deputy City Attomey Santana addressed Condition of Approval No. 37
regarding loitering and read the Condition.
Director of Community Development Preisendanz stated they were deleting
Condition Numbers 17 and 18, and deleted the first sentence of Condition No.
29.
Chairman O'Neal stated to the other Commissioners that he would be the first
to stand by the other Commissioners if there are any significant problems but
he would like to give Mr. Knight the benefit of the doubt.
It was motioned by Commissioner Flores, second by Vice Chairman
Gonzales, adopting Resolution No. 2008-47, approving Conditional Use
Permit No. 2008-09.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
Agenda Item No. 18
Page 68 of 71
18
ABSTAIN: NONE
9. Uniform Siqn Proqram No. 2007-10 ("The Plaza at Lakeview" Medical Offices)
Director of Community Development Preisendanz introduced Associate
Planner Carlson and indicated that he would provide the Commission with a
brief overview of the project.
Associate Planner Carlson provided the Commission with an overview of the
project. He recommended approval of the project based on the Findings,
Exhibits and is subject to the Conditions of Approval. He noted the applicant
is available to answer any questions that the Commission may have.
Chairman O'Neal requested that applicant to approach the podium.
Jack Tine, applicant, indicated he agreed to the Conditions of Approval. He
suggested to the Commission to have the Urgent Care portion of the sign
dual lit, due to the nature of the business.
Associate Planner Carlson stated that he has discussed this with the
applicant and would appear consistent.
Chairman O'Neal requested any public speakers to speak for or against the
project.
Chairman O'Neal requested a motion.
It was motioned by Commissioner Mendoza, seconded by Commissioner
Zanelli to adopt Resolution No. 2008-48, approving Uniform Sign Program
No. 2007-10.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER MENDOZA
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Commissioner Mendoza left the meeting at 9:20 p.m.
Agenda Item No. 18
Page 69 of 71
19
10.Add a Public Hearina on Mav 20th, 2008 for the Purpose of Allowina Public
Comments on Staff's Comments Reaardina the General Plan Update
Hearinas held on April 15th and 29th
Deputy City Attorney Santana indicated this item is for the purpose to vote on
whether the General Plan Update should be heard on May 20, 2008. She
indicated that this would provide an opportunity for the public to com~ent on
staff's responses received at the April 15th and 29th Planning Commission
Meeting.
It was motioned by Commission Zanelli, second by Commissioner Flores to
add a Public Hearing on May 20th, 2008 for the purpose of allowing public
comments on staff's comments regarding the General Plan Update meetings
held on April 15th and 29th, 2008.
The following vote resulted:
AYES: CHAIRMAN O'NEAL
VICE CHAIRMAN GONZALES
COMMISSIONER FLORES
COMMISSIONER ZANELLI
NOES: NONE
ABSENT: COMMISSIONER MENDOZA
ABSTAIN: NONE
STAFF COMMENTS
Director of Community Development Preisendanz commented on the
following:
. He thanked staff for the great job providing reports to the Commission and
congratulated Planning Technician Miller on her first Planning Commission
meeting.
PLANNING COMMISSIONER'S COMMENTS
Commissioner Zanelli commented on the following:
. He spoke of how well staff served the Commission.
Commissioner Mendoza commented on the following:
. No comments.
20
Agenda Item No. 18
Page 70 of 71
Commissioner Flores commented on the following:
. No comments.
Vice Chairman Gonzales commented on the following:
. No comments.
Chairman O'Neal commented on the following:
. No comments.
ADJOURNMENT
It was motioned by Commissioner Mendoza, seconded by Chairman O'Neal
to adjourn to a Regular Planning Commission Meeting to be held on May 20,
2008 at 183 N. Main Street, Lake Elsinore, CA 92530.
The Planning Commission meeting adjourned at 9:25 p.m.
Michael O'Neal, Chairman
Respectfully Submitted,
Dana C. Porche'
Office Specialist III
ATTEST:
Rolfe M. Preisendanz,
Director of Community Development
21
Agenda Item No. 18
Page 71 of 71
CITY OF .~~
LAKI 6LSiNOR&
'\ I
~~ DREAM E,x'TREME~
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
ORDINANCE ADDING CHAPTER 8.13 TO THE LAKE
ELSINORE MUNICIPAL CODE REGARDING AGGRESSIVE
DONATION SOLICITATIONS
SUBJECT:
BackQround
Most residents of any city have, at one time or the other, been approached by a
person soliciting a donation. Often, such activities are harmless. However,
panhandlers often approach citizens in situations where the person may feel
vulnerable - such as while loading groceries or at an ATM. Some panhandlers also
engage in other coercive tactics.
Aggressive panhandlers may act in a variety of ways in an attempt to solicit
contributions, such as following someone and repeating their request after being told
no, grabbing or blocking someone, or using abusive language.
The Lake Elsinore Municipal Code does not currently regulate such solicitations.
Because there is no specific state law addressing aggressive solicitation, many local
jurisdictions faced with this problem adopt specific regulations.
The Public Safety Advisory Commission recently considered several model
ordinances that place various restrictions on soliciting donations. The
Commissioners confirmed a need to address aggressive donation solicitations and to
create certain "buffer" areas which solicitation would not be allowed. However, the
Commission also cautioned that any ordinance not be overly restrictive so as to
prohibit traditional non-aggressive donations requests and be protective of First
Amendment rights.
Following the Commission's input, a draft ordinance was presented at the
Commission's September 10th meeting. Following additional discussion, the
Commission recommended that the City Council consider adoption of the attached
draft ordinance.
Agenda Item No. 19
Page 1 of7
Ordinance Adding Chapter 8.13 to the Lake Elsinore Municipal Code
October 14, 2008
Page 2 of 2
Discussion
The Commission has recommended that the attached ordinance be considered by
the City Council.
The proposed ordinance restricts solicitation within 15 feet of A TMs, building
entrances (unless authorized by the owner), pay phones, car washes, self-service
fuel pumps, bus stops, or parked cars while a person is entering or exiting the car.
Solicitation is prohibited at all times between sunset and sunrise, at public
transportation facilities and buses, and by approaching cars on a public street.
Additionally, the ordinance prohibits aggressive solicitation by using coercive tactics.
Significant avenues for solicitation of donations will remain open under the proposed
ordinance. The proposed ordinance does not prohibit solicitations from sidewalks (as
may be commonly found with fund raising car washes) nor does the ordinance
prohibit solicitation in shopping centers outside of the 15 foot buffer from the entrance
(as is commonly done by local non-profit groups raising funds by offering cookies or
candies).
Fiscal Impact
None.
Recommendation
Waive further reading and introduce an ordinance adding Chapter 8.13 to the Lake
Elsinore Municipal Code regarding Aggressive Solicitation of Donations.
Prepared by:
David H. Mann
Assistant City Attorney
Robert A. Brad~!Q,
City Manager V{ll>
Approved by:
Agenda Item No. 19
Page 2 of 7
"
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADDING CHAPTER 8.13 TO THE LAKE
ELSINORE MUNICIPAL CODE REGARDING REGULATION OF
SOLICITATION
WHEREAS, the City desires to protect citizens from the fear and intimidation
accompanying certain kinds of solicitation, to promote tourism and business, and to
preserve the quality of urban life while providing same and appropriate venues for
constitutionally protected activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ORDAINS AS FOLLOWS:
SECTION 1. That Chapter 8.13 of the Lake Elsinore Municipal Code is added as
follows:
CHAPTER 8.13
REGULATION OF SOLICITATION
8.13.010
Purpose
The purpose of this chapter is to protect citizens from the fear and intimidation
accompanying certain kinds of solicitation, to promote tourism and business, and to
preserve the quality of urban life while providing same and appropriate venues for
constitutionally protected activity
8.13.020
Definitions
"Automated teller machine" means a machine, other than a telephone:
1. that is capable of being operated by a customer of a financial institution;
2, by which the customer may communicate to the financial institution a
request to withdraw, deposit, transfer funds, make payment, or otherwise conduct
financial business for the customer or for another person directly from the customer's
account or from the customer's account under a line of credit previously authorized by
the financial institution for the customer; and
3. the use of which mayor may not involve personnel of a financial
institution.
"Coercion" means:
1. to approach or speak to a person in such a manner as would cause a
reasonable person to believe that the person is being threatened with either imminent
-_.__._-~,,-~-._~,._-_.~- - -
A__'_~__,__~- -
1
Agenda Item No. 19
Page 3 of7
bodily injury or the commission of a criminal act upon the person or another person or
upon property in the person's immediate possession;
2. to persist in a solicitation after the person solicited has given a negative
response;
3. to block, either individually or as a part of a group of persons, the passage
of a solicited person;
4. to engage in conduct that would reasonably be construed as intended to
compel or force a solicited person to accede to demands;
5. to use violent or threatening gestures toward a person;
6. willfully providing or delivering, or attempting to provide or deliver,
unrequested or unsolicited services or products with a demand or exertion of pressure
for payment in return; or
7. to use profane, offensive, or abusive language, which is inherently likely to
provoke an immediate violent reaction.
"Exterior public pay telephone" means any coin or credit card reader telephone
that is:
1. installed or located anywhere on a premises except exclusively in the
interior of a building located on the premises; and
2. accessible and available for use by members of the general public.
"Public transportation facility" means a facility or designated location that is
owned, operated, or maintained by a city, county, county transportation authority, public
transportation benefit area, regional transit authority, or metropolitan municipal
corporation within the state.
"Public transportation stop" means an area officially marked and designated as a
place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that
is operated on a scheduled route with passengers paying fares on an individual basis.
"Public transportation vehicle" has the meaning given that term in RCW
46.04.355, as currently adopted or as it may be amended in the future.
"Self-service car wash" means a structure:
1. at which a vehicle may be manually washed by its owner or operator with
equipment that is activated by the deposit of money in a coin-operated machine; and
2. that is accessible and available for use by members of the general public.
"Self-service fuel pump" means a fuel pump:
2
Agenda Item No. 19
Page 4 of 7
1. from which a vehicle may be manually filled with gasoline or other fuel
directly by its owner or operator, with or without the aid of an employee or attendant of
the premises at which the fuel pump is located; and
2. that is accessible and available for use by members of the general public.
"Solicit" and all derivative forms of "solicit" means to ask, beg, solicit, or plead,
whether orally or in a written or printed manner, for the purpose of immediately receiving
contributions, alms, charity, or gifts or items of value for oneself or another person.
8.13.030
Place of solicitation
A. Solicitation near designated locations and facilities.
1. It is unlawful for any person to solicit another person within 15 feet
of:
a. an automated teller machine;
b. the entrance of a building, unless the solicitor has
permission from the owner or occupant;
c. an exterior public pay telephone;
d. a self-service car wash;
e. a self-service fuel pump;
f. a public transportation stop; or
g. any parked vehicle as occupants of such vehicle enter or exit
such vehicle.
2. It is unlawful for a person to solicit another person:
a. after sunset or before sunrise;
b. in any public transportation facility or vehicle.
c. by approaching an operator or occupant of a motor vehicle
while such vehicle is located on a public roadway, unless for the purpose of summoning
aid or requesting assistance in an emergency situation.
B. For purposes of subsection A, measurement will be made in a straight
line, without regard to intervening structures or objects, from the nearest point at which
a solicitation is being conducted to whichever is applicable of the following:
3
Agenda Item No. 19
Page 5 of 7
1. the nearest entrance or exit of a facility in which an automated teller
machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of
the automated teller machine;
2. the nearest entrance or exit of a building;
3. the nearest part of an exterior public pay telephone;
4. the nearest part of the structure of a self-service car wash;
5. the nearest part of a self-service fuel pump;
6. the nearest point of any sign or marking designating an area as a
public transportation stop; or
7. any door of a parked vehicle that is being used by an occupant of
such vehicle to enter or exit such vehicle.
8.13.040
Solicitation by Coercion
It is unlawful for a person to solicit by coercion.
SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this _ day of , 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
____"-~~-~~---J_~~ ___ -~ -____ ______
4
Agenda Item No. 19
Page 6 of 7
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the day of
, and was finally passed at a regular meeting of the City Council of the City
of Lake Elsinore held on the day of , by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
5
Agenda Item No. 19
Page 7 of 7
CITY OF .v~
LAKE ,6,LSiNORE:
~.f" DREAM E/TREME~
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: INTRODUCTION OF AN ORDINANCE ADOPTING TREE
PRESERVATION GUIDELINES
BackQround
The City of Lake Elsinore's goal is to become a Tree City USA designation for the
upcoming 2009 year. In order to be designated, four standards set forth by The National
Arbor Day Foundation need to be met. These standards include: identifying a City
department and manager to manage city trees, establish a community tree ordinance,
spend $2 per capita on tree care, and observance of an Arbor Day Celebration and
proclamation.
A tree ordinance provides an opportunity to set good policy and back it with the force of
law when necessary. Ideally, it will provide clear guidance for planting, maintaining and
removing trees from streets, parks and other public places.
Discussion
The Tree Ordinance will designate the establishment of a tree committee comprised of
the Public Works Director, Parks and Recreation Director, the Public Works Manager,
and the Parks Supervisor. This committee will be responsible to develop and I or update
annually, and administer a written plan for the care, preservation, pruning, planting,
removal or disposition of trees and shrubs in the parks and in the public right-of-way.
In addition, the Ordinance identifies the City of Lake Elsinore Landscape Guidelines on
file in the City's Community Development Department, that will be followed to provide
tree maintenance, planting, and removal to all trees located in parks and in the public
right-of-way.
Approval of the Tree Ordinance requires two readings of the ordinance and then will
become law thirty days later. Once the ordinance becomes laws, it will be included in
the Municipal Code as Chapter 5.80.
.
Agenda Item No. 20
Page 1 of 7
Introduction of an Ordinance Adopting Tree Preservation Guidelines
October 14, 2008
Page 2
With the approval of the Tree Ordinance and reading of the proclamation, staff will
complete the Tree City USA application and will send it to the State Forestry
Department by the December 2008 deadline.
Fiscal Impact
,
i
No Impact.
Recommendation
Waiver further reading and introduce an Ordinance adding Chapter 5.80 of the Lake
Elsinore Municipal Code regarding Tree Preservation.
Approved by: Ray Gonzales ~
Director of Parks and Recreation
Robert A. Bradvf\1i1
City Manager "lAW
Approved by:
Agenda Item No. 20
Page 2 of 7
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER
5.80 TO THE LAKE ELSINORE MUNICIPAL CODE
REGARDING TREE PRESERVATION
WHEREAS, it is recognized that the preservation of trees enhances the
natural scenic beauty, sustains the long-term potential increase in property values which
encourage quality development, maintains the ecology, provide a tempering effect to
extreme temperatures, increases the attractiveness of the City to visitors, help reduce
soil erosion, and increases the oxygen output of the area which is needed to combat air
pollution; and
WHEREAS, in order to promote the health, safety, and general welfare, to
preserve and protect significant historical heritage values, to enhance the beauty of the
City, and to complement and strengthen zoning, subdivision and land use standards
and regulation, the City Council seeks to establish certain standards for the preservation
and protection of trees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:
SECTION 1. That Chapter 5.80 of the Lake Elsinore Municipal Code is
added as follows
CHAPTER 5.80
TREE PRESERVATION
5.80.010
Definitions
"Landscape Guidelines" means the City of Lake Elsinore Landscape Guideline
on file in the City's Community Development Department.
"Park trees" means trees, shrubs, bushes and all other woody vegetation in
public parks having individual names, and all areas owned by the City, or to which the
public has free access as a park.
"Street trees" means as trees, shrubs, bushes, and all other woody vegetation on
land lying within the City right-of-way between property lines on either side of all streets,
avenues or ways within the City.
"Top" or "topping" mean the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree so as to remove the
normal canopy and disfigure the tree.
Agenda Item No. 20
Page 30f7
5.80.020
Creation and Establishment of City Tree Administrator
There is hereby created and established a City Tree Committee for the City of
Lake Elsinore, California, which shall be comprised of the Director of Public Works as
the chairperson thereof, and one or more of the following employees assigned by the
City Manager: Director of Parks and Recreation, Director of Community Development,
City Park Supervisor, and/or Public Works Manager.
5.80.030
Duties and Responsibilities
It shall be the responsibility of the City Tree Committee to study, investigate,
council and develop and/or update annually, and administer a written plan for the care,
preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in
parks and in the public right-of-way.
5.80.040
Street Tree Species to be Planted
The official street tree species list for the City of Lake Elsinore shall be the list
identified in the Landscape Guidelines. No species other than those included in this list
may be planted as street trees without written permission of the City Tree Committee.
5.80.050
Spacing
The spacing of street trees shall be in accordance with the Landscape
Guidelines.
5.80.060
Distance from the Curb and Sidewalk
The distance street trees may be planted from curbs or curb lines and sidewalks
shall be in accordance with the Landscape Guidelines.
5.80.070
Distance from Street Corners
The distance street trees may be planted from street corners shall be in
accordance with Landscape Guidelines.
5.80.080
Utilities
No street trees may be planted under or within ten (10) lateral feet of any
overhead utility wire, or over or within five (5) lateral feet of any underground water line,
sewer line, transmission line or other utility unless authorized by the City Tree
Committee.
5.80.090
Public Tree Care
The City shall have the right to plant, prune, maintain and remove trees, plants
and shrubs in City parks and within the City right-of-way as may be necessary to insure
Agenda Item No. 20
Page 4 of 7
public safety or to preserve or enhance the symmetry and beauty of such public
grounds.
The City may remove or cause or order to be removed, any tree or part thereof
which is in an unsafe condition or which by reason of its nature is injurious to sewers,
electric power lines, gas lines, water lines, or other public improvements, or is affected
with any injurious fungus, insect or other pest.
5.80.100
Tree Topping
It shall be unlawful as a normal practice for any person to top any street tree,
park tree, or other tree on public property without authorization by the City. Trees
severely damaged by storms or other causes, or certain trees under utility wires or other
obstructions where other pruning practices are impractical may be exempted from this
ordinance at the determination of the City Tree Committee.
5.80.110
Pruning, Corner Clearance
Every owner of any tree overhanging any street or right-of-way within the City
shall prune the branches so that such branches shall not obstruct the light from any
street lamp or obstruct the view of any street intersection and so that there shall be a
clear space of eight feet (8') above the surface of the street or sidewalk. Such owners
shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which
constitute a menace to the safety of the public. The City shall have the right to prune
any tree or shrub when it interferes with the proper spread of light along the street from
a street light or interferes with visibility of any traffic control device or sign.
5.80.120
Dead or Diseased Tree Removal
The City hereby declares that dead or diseased trees on private property within
the City constitute a hazard to life and property, or harbor insects or disease which
constitute a potential threat to other trees within the City. Such dead or diseased trees
are a public nuisance and shall be subject to removal pursuant to Chapter 8.18 and/or
Chapter 8.32 of the Lake Elsinore Municipal Code.
5.80.130
Removal of Stumps
All stumps of street and park trees shall be removed below the surface of the
ground so that the top of the stump shall not project above the surface of the ground.
5.80.140
Arborist License and Bond
It shall be unlawful for any person or firm to engage in the business or occupation
of pruning, treating, or removing street or park trees within the City without first applying
for and procuring a City Business License.
SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
Agenda Item No. 20
Page 5 of 7
invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this _ day of , 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
Agenda Item No. 20
Page 6 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSUDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the day of
2008, and was finally passed at a regular meeting of the City Council of
the City of Lake Elsinore held on the day of , 2008, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
Agenda Item No. 20
Page 7 of 7
CITY OF ~
LAKE 6LSiNORI:
\ ,
'?'~... DREAM EXTREME.
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
OCTOBER 14, 2008
SUBJECT: APPEAL OF TUMF BUILDING DESIGNATION OF SERVICE
COMMERCIAL
Backaround
The medical office buildings located on Canyon Estates Drive just north of the new
Holiday Inn Express has completed most of their property improvements. As a part of
the fee obligation, the project is required to pay the Transportation Uniform Mitigation
Fee (TUMF) to mitigate for regional traffic impacts. The TUMF program has different
designations for the different building uses and they are distinguished by a set of
minimum requirements. Staff has designated the project Service Commercial and the
applicant believes the project more closely fits the Class B Office designation. As a part
of the appeal process, staff has met with the applicant and explained the reasons for the
Service Commercial designation. Step 2 of this process is to appeal to the City Council
and finally step 3 is the option to appeal to the WRCOG Board.
Discussion
The office buildings, called The Plaza at Lakeview, consist of two buildings each two
stories high with Building-1 containing 16,835 square feet on each floor and Building-2
containing 15,984 square feet on each floor. There is a courtyard between the two
buildings but there is no other structural or architectural features physically connecting
the two buildings. The intended building uses is for medical and professional offices.
Requirements for each designation of Service Commercial or Class B Office, and their
associated fees are described below.
Class B Office: i) Minimum of two stories; ii) Minimum of 20,000 square feet
per floor; Iii) Steel frame, concrete or masonry shell construction; iv) Central,
interior lobby; and v) Access to suites shall be from inside the building unless the
building is located in a central business district with major foot traffic, in which
Agenda Item No. 21
Page 10f 5
Appeal of TUMF Building Designation
October 14, 2008
Page 2
case the first floor may be accessed from the street to provide entrances/exits for
commercial uses within the building.
TUMF rate: $2.19/sq. ft.
TUMF for Bldg 1 = $73,737.30
TUMF for Bldg 2 = $70,009.92
Total Class B TUMF = $143,747.22
Service Commercial: Any development project that is predominately
dedicated to business activities associated with professional or administrative
services, and typically consists of corporate offices, financial institutions, legal
and medical offices.
TUMF rate: $5.71/sq. ft.
TUMF for Bldg 1 = $192,255.70
TUMF for Bldg 2 = $182,537.28
Total Service Com. TUMF = $374,792.98
In this case, the larger of the two buildings is constructed at 16,835 square feet per floor
which falls below the Class B Office minimum requirement of 20,000 square feet per
floor. Staff concluded that the project designation for each building is Service
Commercial.
FiscallmDact
TUMF is a pass through fee which the City transmits to Riverside County so there is no
direct cost to the City. The project is obligated to pay the TUMF.
Recommendation
Deny the appeal to change the projects TUMF building designation from Service
Commercial to Class B Office.
Prepared by: Ken A. Seumalo ~
Director of Public Works
Approved by:
Robert A. Brady~ fit
City Manager .ll{1?
Attachment: Vicinity Map
Fee Calculations
Agenda Item No. 21
Page 2 of 5
VICINITY MAP
THE PLAZAAT LAKEVIEW
31569/31571 CANYON ESTATES DRIVE
APN# 363-550-014
~
PLANNING COMMISSION OCTOBER 21, 2008
Agenda Item No. 21
Page 3 of 5
MITIGATION/DEVELOPMENT FEE ESTIMATE
PROJECT DATA: CLASS "B"
31571 & 31569 Canyon Estates Dr.
Medical Office BldQS
363-550-000
10/2/20081
Dated
rkt
Bv
Bldg 1, 31571 Canyon Estates Dr
TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF)
#of
T e of Develo ment Units
Single Family Residential (#DU)
Multi Famil Residential (#DU)
Industrial (Sq Ft)
Retail (Sq Ft)
Service (Sq Ft)
Class A Office (Sq Ft)
Class B Office (Sq Ft)
Bldg 2, 31569 Canyon Estates Dr.
TRANSPORTATION UNIFORM MITIGATION
FEE TUMF
[TOTAL
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$73,737.30
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$70,009.92
$143,747.221
/
i
Agenda Item No. 21
U:lengrlCorrespondencel31571 & 31569 Canyon Estates Dr (Med Office)110-2-08 TUMF Estimate .xls Page 4 of 5
MITIGATION/DEVELOPMENT FEE ESTIMATE
PROJECT DATA: SERVICE COMMERCIAL
31571 & 31569 Canyon Estates Dr.
Medical Office BldQS
363-550-000
Building 1, 31571 Canyon Estates Dr
TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF)
# of
T e of Develo ment Units
Residential (#DU)
Residential (#DU)
Industrial (Sq Ft)
Retail (Sq Ft)
Service (Sq Ft)
Class A Office (Sq Ft)
Class B Office (Sq Ft)
Building 2, 31569 Canyon Estates Dr.
TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF)
#of
T e of Develo ment Units
Residential (#DU)
Residential (#DU)
Industrial (Sq Ft)
Retail (Sq Ft)
Service (Sq Ft)
Class A Office (Sq Ft)
Class B Office (Sq Ft)
TOTAL
Less Class B payment
Letter of Credit
Amount Due:
1 0/2/200a 1
Dated
rkt
By
Total
$0.00
$0.00
$0.00
$0.00
$192,255.70
$0.00
$0.00
Total
$0.00
$0.00
$0.00
$0.00
$182,537.28
$0.00
$0.00
$374,792.98
$143,747.22
$231,045.761
i
il
Agenda Item No. 21
U:\engrlCorrespondenceI31571 & 31569 Canyon Estates Dr (Med Office)\10-2-08 TUMF Estimate .xls Page 5 of 5
OMNI
WEST
Commercial Reol utate Onelopment
Friday. October 10, 2008
RECEIVED
OCT 1 62008
City of Lake Elsinore
Attn. Clerk of The Board City Council
130 South Main Street
Lake Elsinore, CA 92530
CITY CLERKS OFF/dE'I'l: ~
Fee Amount for WTUMF Fees for The Plaza at Lakeview ("Project") - ~
Building Permits 07-00000122 and 07.00000829 (31571 and 31569 Canyon Estates Dr.)
Re:
Dear City Council,
Lake Elsinore Medical Campus LLC appeals the assignment of The Plaza at Lakeview to the category Service
Commercial and the WTUMF fee calculations applied to the Project. As set forth in WRCOG's A~ministrative Plan
Revised August 4, 2008.
City of Lake Elsinore staff report leller dated October 7, 2008 states that an appeal to City Council and hearing will
be held on October 14, 200g.
The Plaza at Lakeview is a single, high quality office project ("Project") consisting of two 2 story office buildings laid
out as an office campus. The combined square footage on each floor of the Project is 32.819. In addition, a single
owner's association governs the entire project and each unit owner in each building owns an undivided interest in
the common area of the entire Project and not solely in one building or the other.
In every respect, the Project qualifies as Class B Office as defined in Ordinance 1178 excepttha! for aesthetic
reasons benefiting the community surrounding the Project and the City as a whole. the Project was designed to
appear as an office campus and not a monolithic single, two story building. In every other respect, the Project is
undeniably high quality Class B Office.
It is our contention that there is no legitimate basis for the assignment of the classification "Service Commercial"
to the Plaza at Lakeview simply because for aesthetic reasons the project was designed as a two building campus
project rather than a single two story building. The decision to design the Project as an office campus rather than a
single two story building was made solely to enhance the overall appearance of the Project and the community at
large. The Project is undeniably exceptionally high quality medical and professional office designed as a local hub
in the community.
With all this in mind, we request that the Project be treated as Class B Office and look forward to meeting with
Lake Elsinore City Council on Tuesday October 14, 2008
Sincerely,
Lake Elsinore Medical Campus. LLC
By:
/~
Kip Dubbs
Manager
./'
Phone (949) 215-9790' Fax (949)215-9798' 23187 La Cadena Drive, Suite 102 Laguna Hills, CA 92653
'www.omniwes1group.com