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Home My WebLink About11/14/2006 CC Reports CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E. "BOB" MAGEE. MAYOR ROBERT L. SCHIFFNER, MAYOR PRO TEM mOMAS BUCKLEY, COUNCILMEMBER DARYL HICKMAN, COUNCILMEMBER GENIE KELLEY, COUNCILMEMBER ROBERT A. BRADY, CITY MANAGER WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CUL TUBAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 ************************************************************* TUESDAY, NOVEMBER 14,2006 - CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. If you are attending this City Council Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation! CALL TO ORDER ROLL CALL CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code g54956.8): Property: APNs 373-310-007, 373-310-006,373-300-009, 373-300- 015,373-300-017,373-300-012,371-020-001; southern stub portion of Lucerne Street south of Lake shore Negotiating parties: City of Lake Elsinore and Watersedge Elsinore Associates, LLC.I Watersedge Investments, LLC Under negotiation: price and terms of payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code g54956.8): Property: APN 373-151-021 Page 2 - City Council Agenda - November 14, 2006 Negotiating parties: City of Lake Elsinore and Genaro Prats Under negotiation: price and terms of payment C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code ~54956.9) Wildomar and Lake Elsinore Residents for Responsible Growth v. City of Lake Elsinore (Riverside Co. Superior Court Case No. RlC 449594) RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS/CEREMONIALS A. Proclamation - Lung Cancer Awareness Month B. Proclamation - Veteran's Day C. Southern California Edison Presentation CLOSED SESSION REPORT 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 Page 3 - City Council Agenda - November 14,2006 (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.) I. Minutes. a. City Council Meeting - September 26, 2006. b. Joint City Council/Redevelopment Agency Study Session- October 10, 2006. c. City Council Meeting - October 10, 2006. RECOMMENDATION: Approve. 2. Warrant List - October 16,2006. RECOMMENDATION: Ratify. 3. Warrant List - October 31, 2006. RECOMMENDATION: Ratify. 4. Consideration of cancelling the December 26, 2006 City Council meeting. RECOMMENDATION: Direct staff to cancel the December 26, 2006 Council meeting. 5. Claims against the City. RECOMMENDATION: Reject the claims. 6. Fee adjustment for Lake Use Passes. RECOMMENDATION: Adopt Resolution No. 2006-182 approving the adjusted fee schedule for the Lake Use Passes. Page 4 - City Council Agenda - November 14,2006 7. Professional services agreement with HDR Engineering Inc. for sediment sampling and analysis. RECOMMENDATION: Approve professional services agreement with HDR Engineering Inc. and authorize the City Manager to execute the agreement. 8. Resolution of support - University of California Riverside (VCR) efforts to create a Medical School. RECOMMENDATION: Adopt Resolution No. 2006-183 supporting VCR's efforts for a Medical School. 9. Payment request for Central Avenue paving. RECOMMENDATION: 10. Cottage Lane, LLC. RECOMMENDATION: Approve the use ofIn-Lieu Funds to pay NEARCAL Corp. in the amount of$52,600 for the paving of the south half of Central A venue between Collier Avenue and Pasadena Street. Authorize staff to process a Purchase Order in the amount of $52,600 for payment to NEARCAL Corp. Approve Final Map No. 32996 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32996. Page 5 - City Council Agenda - November 14, 2006 11. Railroad Canyon Road slope repair project - Inspection Services. RECOMMENDA nON: Direct staff to process a professional services agreement with Kane Geotechnical Incorporated. Direct staff to process a purchase order for inspection duties on the Railroad Canyon Slope Repair Project for an amount not to exceed $26,500. 12. Corrected Resolution No. 2006-162 commencing proceedings to annex territory described as Annexation No. 77. RECOMMENDATION: PUBLIC HEARING Approve corrected Resolution No. 2006-162. 21. Consideration of Commercial Design Review No. 2006-02 for the project known as "Canyon Estates Professional Office Building Complex". RECOMMENDATION: Adopt Resolution No. 2006-184 making Findings of Consistency with Multi-Species Habitat Conservation Plan. Adopt Resolution No. 2006-185 approving Commercial Design Review No. 2006-02. Adopt Resolution No. 2006-186 approving Tentative Condominium Tract Map No. 34864. 22. Mitigated Negative Declaration No. 2006-07 for the Slope Stabilization Plan at Wasson Creek ("Rosetta Hills"), Tract Map No. 31792. RECOMMENDATION: Adopt Resolution No. 2006-187 adopting Mitigated Negative Declaration No. 2006-07. Page 6 - City Council Agenda - November 14,2006 APPEALS Adopt Resolution No. 2006-188 adopting Findings of Consistency with the Multi-Species Habitat Conservation Plan (MSHCP). 23. Appeal of Mitigated Declaration No. 2006-06 and Reclamation Plan No. 2006-01. RECOMMENDATION: BUSINESS ITEMS Uphold Planning Commission's decision and adopt Resolution No. 2006-189 approving Mitigated Negative Declaration No. 2006-06. Uphold Planning Commission's decision and adopt Resolution No. 2006-190 finding the project exempt from the MSHCP. Uphold Planning Commission's decision and adopt Resolution No. 2006-191 approving Reclamation Plan No. 2006-0 I. Consider Ms. Weaver's request to refund her appeal fee. 31. Residential Design Review No. 2006-06 for a five unit apartment complex located at the northwest corner of Pottery and Lindsay Streets; APN No. 374-042-022. RECOMMENDA nON: Adopt Resolution No. 2006-192 approving Residential Design Review No. 2006-06. Page 7 - City Council Agenda - November 14, 2006 32. 2006-2007 C.D.B.G. Supplemental Agreement. RECOMMENDATION: Approve Supplemental Agreement for 32nd Year C.D.B.G. Funds and authorize the Mayor and City Clerk to execute the documents. 33. Preliminary Review of Caltrans' relinquishment of State Route 74 (SR-74) to the City of Lake Elsinore. RECOMMENDATION: Discuss the information provided in the staff report and direct staff to proceed accordingly. 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 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 26, 2006 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, RecreationlTourism Manager Fazzio, Building & Safety Manager Chipman, Planning Manager Weiner, City Treasurer Weber and City Clerk Ray. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Axel Zanelli. INVOCATION - MOMENT OF SILENT PRAYER Agenda Item No.E Page 1 of iio Page 2 - City Council Meeting Minutes - September 26,2006 Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE mCKMAN ABSENT: COUNCILMEMBERS: Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Planning Manager Weiner, Public Works Manager Payne, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION None. PRESENTATION/CEREMONIALS A. Proclamation - Susan G. Komen - Inland Empire Race for the Cure. Mayor Magee called Jody Nottingham forward to join him at the podium. Mrs. Nottingham was not present when Mayor Magee called her to the podium. Mayor Magee read the Proclamation into the record. AI. Proclamation - American Cancer Society, Relay for Life. Mayor Magee called Ruben Longoria forward to join him at the podium. Ms. Adams came forward and noted that she would be filling in for Mr. Longoria. Magee read and presented the Proclamation to Ms. Adams. Agenda Item No. \ 0-. Page 2 of "Ie Page 3 - City Council Meeting Minutes - Septem ber 26, 2006 Ms. Adams noted that she is the Chairperson for the Relay for Life. She invited the citizens of Lake Elsinore to support the event. She noted that the City of Lake Elsinore has rated among the top 10 cities in the nation for the event. Ms. Adams thanked the City Council for the Proclamation. B. Chamber of Commerce Update. Mayor Magee called President of the Chamber of Commerce, Kim Cousins, to the podium to give the Chamber of Commerce update. Mr. Cousins noted that as of August, they had 3,251 unique visitors. He noted that membership was over 400 members, which has doubled in size over the past 2 years. Mr. Cousins commented on the Chamber of Commerce anniversary luncheon that was held the week prior. Mr. Cousins noted that on September 28th, Southwest Health Care Systems was hosting the next Chamber mixer at Rancho Springs Medical Center in Murrieta. PUBLIC COMMENTS - NON-AGENDlZED ITEMS - 1 MINUTE Viet Tran, Southern California Edison, commented that he would be transferring out of the City. He introduced his replacement Louis Davis. He commented on Mr. Davis' experience. Mr. Davis commented that things will continue to move forward. He noted that he would be scheduling a meeting with staff to find out the City's priorities. Mayor Magee recognized Mr. Tran's efforts for what he had done for the community. Donna Franson, Lake Elsinore Citizens Committee, commented on the Candidate Forum with the City Council Candidates on October 12th at Lakeside High School. She commented that she hoped to see everyone there. Agenda Item NOla, Page 3 of I.l() Page 4 - City Council Meeting Minutes - September 26, 2006 Terry Mount, Lake Elsinore, noted that he lived in the Rosetta Canyon development. He noted that he was interested in obtaining some information on the status of the schools in development, Elsinore Hills Drive and the park status. Mayor Magee directed Mr. Mount to speak with Community Development Director Preisendanz. Garry Grant, Lake Elsinore, noted that he represented the area of Meadow Brook. He noted that development around his area was concerning him. He inquired if there was a method for staff to contact the Meadow Brook residents in order to allow residents to understand what is being done in the area around them. Mayor Magee directed Mr. Grant to speak with Community Development Director Preisendanz. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO PULL ITEM NO.8 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR. I. The following minutes were approved: a. City Council Meeting - August 8, 2006. b. City Council Meeting - August 22, 2006. 2. Ratified Warrant List for September 14,2006. 3. Received and filed Investment Report for July 2006. 4. Rejected claim against the City. 5. Adopted Resolution No. 2006-153 ordering the vacation ofa portion of Joy Street. Directed the City Clerk to record said street vacation with the County Agenda Item No. \c'\. Page4 of '10 Page 5 - City Council Meeting Minutes - September 26, 2006 Recorder. 6. Authorized the Mayor to execute the Notice of Completion. Directed the City Clerk to file the Notice with the County of Riverside. 7. Approved the lease agreement for Temecula Copiers. Authorized the City Manager to execute the lease agreement with Canon Financial Services, Inc. Approved the service proposal by Temecula Copiers. Authorized the City Manager to execute the Service Agreement with Temecula Copiers. ITEMS PULLED FROM THE CONSENT CALENDAR 8. Resolution by the City Council for the City of Lake Elsinore adopting a fine for violation of Lake Elsinore Municipal Code Section 10.12.130- Oversized Vehicle Parking. Councilmember Buckley noted that it was his understanding that at the 4 o'clock study session, it was discussed to change the fine from $100 per occurrence to $30 for the first violation, $100 for the second and $500 for the third. MOVED BY BUCKLEY, SECONDED BY MAGEE TO APPROVE ITEM NO.8 TO INCLUDE THAT THE FINE CHANGE TO $30 FOR THE FIRST VIOLATION, $100 FOR THE SECOND VIOLATION AND $500 FOR THE THIRD VIOLATION. City Attorney Leibold noted that the proposed fine schedule was within the authority of the City Council. She noted that the L.E.M.C. and applicable State laws establish a maximum fine for infractions at $100 for the first violation, $200 for the second and $500 for the third or subsequent violations within a I-year period. She noted that what Council was proposing was within their discretion to establish the fines by resolution. She inquired if the City had an appropriate mechanism in place to track the number of violations in a 12-month period. Agenda Item No.J 0... Page 5 of lio Page 6 - City Council Meeting Minutes - September 26, 2006 Mayor Magee noted that the City had every confidence in the Code Enforcement's Department ability to track the number of violations within a 12-month period. He noted that the idea of the initial $30 fine was not to penalize - but, to encourage compliance. He noted that if someone was a repetitive violator, the Council would work to encourage compliance. He noted that was why there was an escalating fine. He noted that the PSAC concurred with an escalating fine. Mayor Pro Tern Schiffner commented that the item was an "administrative citation". He noted that there was a difference between a "parking fine" and an "administrative citation". He suggested the City Attorney explain the difference. City Attorney Leibold noted that the violations would be processed the same as a parking ticket. She noted that violators were to be cited the same as any parking ticket. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC HEARINGS 21. Mitigated Negative Declaration No. 2006-04, General Plan Amendment No. 2006-05, Pre-Annexation Zone Change No. 2006-05, Zone Change No. 2006-07, Rarnsgate Specific Plan No. 89-1 Fifth Revision, Annexation No. 76, Tentative Tract Map No. 33725. Mayor Magee opened the public hearing at 7:22 p.m. Community Development Director Preisendanz commented on the item and noted that the item was titled the "Little Valley Annexation". He noted that the applicant for the project was the ShopoffGroup. He noted the project's location. He noted that the request was to commence with the proceedings to bring in 62.42 acres into the City's boundaries, which is currently in the County of Riverside's jurisdiction but within the City's Sphere ofInfluence. He indicated that the Planning Commission was recommending approval. Michael O'Neal, Planning Commission, commented that the Planning Commission unanimously concurred with staffs recommendation. Agenda Item No. let. Page6of~ Page 7 - City Council Meeting Minutes - September 26, 2006 Garry Grant, Lake Elsinore, commented on the density involved with the annexation. He commented on the impact in the surrounding area. He noted that it was the right of the citizens to have pubic comments on the issue, yet the community had no notification of the PC decision. Mayor Magee directed Mr. Grant to forward a letter to Community Development Director Preisendanz outlining the general vicinity of the area that Mr. Grant was most concerned. Mayor Magee requested that Community Development Director Preisendanz address Mr. Grant's concerns that the Environmental Impact Report did not address and cumulative impacts on Highway 74 from traffic generated by the tract. Community Development Director Preisendanz noted that the CEQA document that was prepared was a Mitigated Negative Declaration which addressed traffic issues related to the project. He noted that he had noticed the project adequately per State law with a 300-foot radius package. City Treasurer Weber commented on page 4 ofthe staff report relating to fiscal impact report. He commented that he did not receive a copy of that report. Mayor Magee closed the public hearing at 7:30 p.m. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-155 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006-04. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-156 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-157 APPROVING GENERAL PLAN AMENDMENT NO. 2006-05. Agenda Item No. \C~ Page 7 of '10 Page 8 - City Council Meeting Minutes - September 26, 2006 MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1195, BY TITLE ONLY, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-05. ORDINANCE NO. 1195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-05 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO THE COMPLETION OF ANNEXATION NO. 76, BRINGING 62.42 ACRES OF LAND INTO THE CITY OF LAKE ELSINORE BOUNDARIES, LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD A VENUE AND EAST OF GRASSY MEADOW DRIVE, CONTIGUOUS TO THE NOTHEASTERL Y BOUNDARY OF THE CITY OF LAKE ELSINORE. UPON THE FOLLOiING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE I ABSENT: COUNCILMEMBERS: HICKMAN I ABSTAIN: COUNCILMEMBERS: NONE I MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1196, BY TITLE ONLY, APPROVING ZONE CHANGE NO. 2006-07. ORDINANCE NO. 1196 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF , LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE , NO. 2006-07 CHANGING THE OFFICIAL ZONING MAP OF THE , CITY OF LAKE EI!..SINORE, LOCATED SOUTH OF SCENIC , CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF I Agenda Item No. ~).... "'"' Page 8 of~ Page 9 - City Council Meeting Minutes - September 26, 2006 GRASSY MEADOW DRIVE, AND KNOWN AS ASSESSOR'S PARCEL NO. 349-240-006. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE HICKMAN NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1197, BY TITLE ONLY, APPROVING THE RAMS GATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION WITH SEVEN (7) CONDITIONS OF APPROVAL. ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF HIGHWAY 74 AND WEST OF GREENWALD AVENUE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE. HICKMAN NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION Agenda Item No. ) c.......... Page 9 of '10 Page 10 - City Council Meeting Minutes - September 26, 2006 NO. 2006-158 TO COMMENCE PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 76 SUBJECT TO SEVEN (7) CONDITIONS OF APPROVAL. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-159 APPROVING TENTATIVE TRACT MAP NO. 33725 SUBJECT TO 117 CONDITIONS OF APPROVAL. GENERAL CONDITIONS - TENTATIVE TRACT MAP NO. 33725 PLANNING DIVISION 1. Tentative Tract Map No. 33725 will expire with the expiration of the applicable Development Agreementfor Ramsgate and its accompanying Operating Memorandum(s} of Understanding, unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council. 2. Tentative Tract Map No. 33725 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 4. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 5. The applicant shall provide to the Community Development Director within 30 days of approval, afinal approved version of the project in digitizedformat. 6. The applicant shall comply with the Mitigation Monitoring and Reporting Agenda Item No.JC).... Pagel 0 of 1-\ 0 Page 11- City Council Meeting Minutes - September 26, 2006 Program (MMRP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-04 for Ramsgate Specific Plan No. 89-1 Fifth Revision, unless superceded by these Conditions. 7. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 8. This map must comply with the Development Standards and Design Guidelines approved with the Ramsgate Specific Plan No. 89-1 Fifth Revision (SP). Construction of the property is subject to all the Conditions of Approval of the SP unless superceded by these conditions. a. All lots shall comply with the minimum standards contained in the residential Development Regulations contained in the SP, including lot frontage minimums and corner lot requirements. b. Where the SP is silent, Title 16 and 17 of the Lake Elsinore Municipal Code shall apply. 9. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the tentative map approval by the City Council. PRIOR TO FINAL TRACT MAP: 10. The applicant shall comply with the requirements of the Riverside County Fire Department as specified in the Department transmittal dated March 8, 2006, attached. 11. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 12. The applicant's engineer shall coordinate the design of Scenic Crest Drive with development of Tentative Tract Map No. 31370 at the direction of the City Engineer. 13. The applicant shall identifY and design a trail access from Scenic Crest Drive Agenda Item No. lC:l P'ge 11 of i."\ () Page 12 - City Council Meeting Minutes - September 26, 2006 to the Open Space Wildlife Corridor, that includes dimensions, type of materials used, and conceptual interpretive signage to be installed. 14. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 15. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 16. The applicant shall initiate and complete the formation of a homeowners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC&Rs). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or coordinate with an appropriate agency approved by the Community Development Director, for such maintenance. a. In the event that the Homeowners' Associationfails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOAfor such service. b. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. c. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. d. The developer shall provide landscaped areas on both sides of any access roadways within the tract, and the landscaped areas shall be maintained by the HOA. 17. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 18. The Final Map shall identify downs lopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These HOA Agenda Item NO.h, Page 12 of "iO Page 13 - City Council Meeting Minutes - September 26, 2006 Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 19. Thirty days prior to issuance of a grading permit, the applicant shall submit to the Community Development Department a burrowing owl survey for review and acceptance by the City. 20. 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. 21. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval immediately previous, 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 fimd any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and related Condition of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 22. Prior to the issuance of a building permit, the applicant shall pay the City's Multi-Species Habitat Conservation Plan Local Development Mitigation Fee in effict at that time. 23. The Ramsgate SP project area is not within a Redevelopment Agency designated area. 24. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions ofSB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 25. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). Agenda Item Na.lu ~,., Page 13 of~ Page 14 - City Council Meeting Minutes - September 26, 2006 26. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 27. The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 28. The applicant shall meet all requirements of the providing electric utility company. 29. The applicant shall meet all requirements of the providing gas utility company. 30. The applicant shall meet all requirements of the providing telephone utility company. 31. A bond is required guaranteeing the removal of all trailers used during construction. 32. All signage shall be subject to Planning Division review and approval prior to ins tallation. 33. Landscape Plans for the tract shall include vegetative screening of retention basins and both sides of service roads and drainage easements. 34. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100%for material and labor for one (1) year for erosion Agenda Item No.L. Page 14 of '-\0 Page 15 - City Council Meeting Minutes - September 26, 2006 control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW: 35. All future structural development associated with this map requires separate Design Review approval. 36. Elevation drawings for Design Review shall include four-sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case-by-case basis, this condition may be waived. 37. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 38. Downslopes adjacent to streets shall be mqintained by the HOA. 39. A detailedfencing plan shall be requiredfor review and approval during the Design Review process. a. The applicant shall install walls andfencing along the perimeter of the subdivision in accordance with the approved Design Guidelines for the Ramsgate Specific Plan. b. Where views to open space are important, the applicant shall provide the appropriate view fencing. 40. A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. Agenda Item NO.l.Q._ Page 15 of "10 Page 16 - City Council Meeting Minutes - September 26, 2006 c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. 50. Primary and secondary access roads for each phase as identified on the map "Fire Access Table" shall be fully constructed and open to the public prior to the issuance of the Certificates of Occupancy for each phase of the tract. ENGINEERING DIVISION General Requirements: 1. Annexation process shall be completed in order for the City to have regulatory jurisdiction of this project. 2. 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. 3. 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. 4. All grading shall be done under the supervisfon of a geotechnical engineer and he shall certifY all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30ft. in height shall be contoured. 5. This project shall comply with the recommendations of the traffic study prepared by Urban Crossroads dated October 24, 2005. Agenda Item No. I C-;L Page 16 of '\0 Page 17 - City Council Meeting Minutes - September 26, 2006 6. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 7. An Encroachment Permit shall be obtained prior to any work on City right-of way. 8. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 9. 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. 1 O.Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right-ofway. 11. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 12. Provide fire protection facilities as required in writing by Riverside County Fire. The fuel modification zone shall be maintained by a homeowner's association or other private entity approved by the City. 13.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 14.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-ofway. When either of these criteria are exceeded, drainage facilities shall be provided. 15.All drainage facilities in this tract shall be constructed to Riverside County Fiood Control District Standards. 16. A II compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 17. Up-slope maintenance along right-of ways shall be maintained by a Agenda Item NO.~ Page 17 of "\0 Page 18 - City Council Meeting Minutes - September 26, 2006 homeowner's association or other private entity approved by the City. I8.All open space and slopes exceptfor public parks and schools andflood control district facilities, outside the public right-ofway shall be owned and maintained by homeowner's association or other private entity approved by the City. I9.All 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. 20. Some of the improvements shown on the Map and/or required by these conditions are located in the County of Riverside and/or private property. The developer shall be responsible for obtaining County and/or private permits and approvals needed to complete the required offiite improvements. 21. On-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. 22.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 23. Roof drains shall not be allowed to outlet directly through coring in the street curb. Rooft should drain to a landscaped area. 24.Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality ManagementPlan (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. 25.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides,jertilizers as Agenda Item NO...t.a= Page 18 of "'Ie Page 19 - City Council Meeting Minutes - September 26, 2006 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) 26. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state andfederallaw, these local storm water ordinances Drohibit the discharge of waste into storm drain system or local surface waters. This includes 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 andfederallaw. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 27. Construct Little Valley Road per County Stcmdard 104A (60 '/40 '). The horizontal curvature shall be designed at a minimum speed of 35mph. A temporary ac paved turnaround shall be provided at the terminus of Little Valley Road. 28. Construct Scenic Valley Road per County Standard J04A (60 '/40 ') or as shown in the map. 29.lmprove the west side of Greenwald Avenue by constructing an additional paved width of 20' per County Standard 102. Adequate transitions shall be provided. Note: Should the existing structural section is found to be substandardfor a secondary road, the road improvements shall extend to the centerline of Greenwald Avenue. 30. Construct local streets "A" to "N" per County Standard 106A (60/40) or as shown in the map. 31. The construction of "A " street also functioning as secondary access road for Tract 25475 shall be approved by the Fire Department. Agenda Item NO.J ()...... Page190f tJC Page 20 - City Council Meeting Minutes - September 26, 2006 32. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 33.Applicant shall obtain all necessary off-site easements for off-site gradingfrom the adjacent property owners prior to final map approval. 34. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 35.Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative 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. 36. Applicant shall submit signing and striping plans for the required street improvements and a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All signing and striping and traffic control devices shall be installed'prior to final inspection of public improvements. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the tract. 37.A Calif Registered Civil Engineer shall prepare street and traffic improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 38.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 project. Prior to Issuance of a Grading Permit 39. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream Agenda Item NO.n. P'ge20of Jle Page 21- City Council Meeting Minutes - September 26, 2006 caused by development of the site and/or diversion of drainage. 40. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 41. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 42.An Alquist-Priolo study shall be performed qn the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless a registered geologist provides verification that the project is exempt. 43. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptancefrom the adjacent property owners prior to grading permit issuance. 44.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. 45.Applicant shall provide the city with proof of his havingfiled a Notice of Intent with the Regional Water Quality Control Boardfor the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWP P P 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. Prior to Issuance of Building Permit 46.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 47. Submit a "Will Serve" letter to the City Engineering Divisionfrom 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 Agenda Item NoJ (p.- Pag.21 of "\0 Page 22 - City Council Meeting Minutes - September 26, 2006 applyingfor a building permit. 48. Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). 49. Provide a traffic signal warrant analysis for the intersection of Greenwald and Scenic Crest Drive. If warranted, the developer shall construct a traffic signal at the intersection of Greenwald and Scenic Crest Drive. Prior to Occupancy 50. Pay allfees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). Allfees and requirements for an encroachment permit shall befulfilled before Certificate of Occupancy. 51.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 112" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 52.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 53. Water and sewer improvements shall be completed in accordance with Water District requirements. 54. The project applicant shall participate in the phased construction of the off-site intersection improvements as listed in their traffic study through payment of TIF and TUMF fees, payment of the project's fair share contribution towards other off-site improvements not included in the active fee programs, or construction of off-site facilities under appropriate fee credit agreements. 55.Jfwarranted, the traffic signal at Greenwald and Scenic Crest Drive shall be operational. 56. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. DEPARTMENT OF ADMINISTRATIVE SERVICES Agenda Item NO.~ (~),.. Page 22 of Ii 0 Page 23 - City Council Meeting Minutes - September 26, 2006 1. Annex into CFD 2003-1: Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003-1 to offiet the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 2. Annex into LLMD No.1: Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable) the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offiet the annual negative fiscal impacts of the project on public right- of- way landscaped areas to be maintained by the City, andfor street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 3. Fire Station Impact Fee and Other Impact Fees: Upon completion of the Fire Station Impact Study and other imp'act fee studies, developer shall pay impact fee. 4. CFD for Park. Parkwav. ODen Space and Storm Drain Maintenance: Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall form a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development andfederal NPDES requirements to offiet the annual negative fiscal impacts of the project. COMMUNITY SERVICES DEPARTMENT 1. The developer shall pay parkfees of$1, 600 per unit ($211,200). 2. The developer is required to participate in the "Public Facility" fee program. 3. The developer shall comply with all NPDES storm water requirements. 4. All interior landscape, recreation areas, facilities and/or open space shall be maintained by the HOA. No park credits shall be given. 5. The HOA shall maintain all all park and common landscape areas. Agenda Item No. ) C~ Page 23 of .'4 (;J Page 24 - City Council Meeting Minutes - September 26, 2006 6. The HOA shall maintain all natural and manufactured slopes. 7. The HOA shall maintain all drainage facilities and structures. 8. The HOA shall maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 9. The HOA to maintain all exterior walls and landscaping. 10. The developer shall participate in the City-wide LLMD. 11. The developer shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 12. The developer shall comply with all City ordinances regarding construction debris removal and recycling, per Section 8.32 of the Lake Elsinore Municipal Code. 13. The developer shall provide the 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. Secondary access shall be clearly defined as part of the development. 15. The developer shall meet City curb, gutter and sidewalk requirements. 16. The City's Landscape Architect shall review all landscape and/or irrigation plans prior to acceptance by the City. GENERAL CONDITIONS-RAMSGATESPECIFICPLANNO. 89-1 FIFTH REVISION PLANNING DIVISION 1. The applicant shall defend, indemnifj;, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. Agenda Item No.h Page 24 of 10 Page 25 -City Council Meeting Minutes - September 26, 2006 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan amendment by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-04. 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The SPA shall comply with the terms of the Development Agreement and its Operating Memorandums of Understanding by and between the City of Lake Elsinore and the applicant. 6. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 7. The applicant shall submit 15 final revised copies upon approval of Ramsgate Specific Plan No. 89-1 Fifth Revision if necessary to complete the processing of this application. GENERAL CONDITIONS - LITTLE VALLEY ANNEXATION NO. 76. GENERAL PLAN AMENDMENT NO. 2006-05. PRE-ANNEXATION ZONE CHANGE NO. 2006-05. PLANNING DIVISION 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. Agenda Item No, 1 eL Page 25 of i~O Page 26 - City Council Meeting Minutes - September 26,2006 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan amendment by the City Council. The applicant shall forward to the Planning Department secretary, a check m9de payable to the Riverside County Clerk, in the amount of$1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adoptedfor this project, as printed with Mitigated Negative Declaration No. 2006-04. 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The annexation shall comply with the requirements contained in the Cortese- Knox-Herzberg Local Government Reorgardzation Act of 2000 (Government Code Sections 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 6. All entitlements contained herein are subject to the completion and approval of the annexation. 7. The applicant shall sign and return an "Acknowledgment of Conditions " to the Community Development Department within 30 days of approval. 22. Mitigated Negative Declaration No. 2005-12, General Plan Amendment No. 2006-03, Pre-Zoning No. 2006-04, Annexation No. 77. Mayor Magee opened the public hearing at 7:35 p.m. Community Development Director Preisendanz commented on the item. He commented on the change of land use. He commented on the items for Council approval. Michael O'Neal, Plarming Commission, noted that the PI arming Commission unanimously concurred with staffs recommendation. Agenda Item No. \ c::... Page 26 of '1C Page 27 - City Council Meeting Minutes - September 26, 2006 MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2006-160 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-12 AND MITIGATION MONITORING AND REPORTING PROGRAM. City Attorney Leibold noted that as a point of procedure the Council should inquire if there is anyone wishing to speak 0):1 the matter before Council should take an action, then close the pubic hearing. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also inquired if there was anyone that wished to speak at all. Mayor Magee closed the public hearing at 7:39 p.m. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-161 APPROVING GENERAL PLAN AMENDMENT NO. 2006-03. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1198, BY TITLE ONLY, APPROVING PRE-ZONING NO. 2006-04. ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY COpNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ZONING NO. 2006-04 SUBJECT TO THE COMPUETION OF ANNEXATION NO. 77. Agenda Item No.1C:;"" Page 27 of ;,0 Page 28 - City Council Meeting Minutes - September 26, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-162 APPROVAL TO COMMENCE WITH PROCEEDINGS FOR THE PROPERTIES DESCRIBED IN ANNEXATION NO. 77. GENERAL CONDITIONS 1. The City of Lake Elsinore shall defend (with counsel), indemnifY, and hold harmless City Official, Officers, Employees, Consultants and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. ANNEXATION NO. 77 2. The annexation of said property shall comply with the requirements contained in the Cortese-Knox-Herzberg Local Government Reorganization Act of2000 (Government Code Section 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 3. All entitlements contained herein are subject to the completion and approval of the annexation of the subject property. 23. Mitigated Negative Declaration No. 2006-03, General Plan Amendment No. 2006-01, Pre-Annexation Zone Change No. 2006-03, Annexation No. 78. Agenda Item No. \ ()!.. Page 28 of -40 Page 29 - City Council Meeting Minutes - September 26, 2006 Community Development Director Preisendanz commented on the item. He noted that the item was known as the Christensen Annexation. He noted that the annexation consisted of approximately 21.13 acres of land adjacent to the Canyon Hills Specific Plan. He noted that the applicant was requesting that the property be brought into the City's boundaries. He noted that currently, there was no development being proposed. He noted that the Planning Commission had recommended approval of the item. Michael O'Neal, Planning Commission, noted that the Planning Commission unanimously concurred with staffs recommendation for approval. Gary Grant, Lake Elsinore, noted that the item was located within Menifee and that Menifee had plans to become a city. He noted that taking property from Menifee was not a democracy. He noted that the City was doing the annexation for the sake of money to make up for past losses. He commented that Perris and Murrieta were trying to take land from Menifee. Jon Christensen, 20770 Stonybrook Circle, Riverside, noted that he was the trustee from his grandparent's trust whose property he was representing. He thanked staff for all their hard work on the item. He thanked the Planning Commission for their unanimous recommendation of approval. He commented on his family's history. He noted that he was requesting the land use development of the Canyon Hills Specific Plan. He noted that the property was not owned by Pardee. He noted that he agreed with staffs recommendation. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also inquired ifthere was anyone that wished to speak at all. Mayor Magee closed the public hearing at 7:47 p.m. Mayor Magee commented on Mr. Grant's comments. He noted that the Council was not stealing anything. He noted that the Council was responding to a request by a property owner. He noted that was democracy. He noted that the item was not politically motivated and the City of Lake Elsinore was not hurting the "city-hood" chances of Menifee. He read a letter signed by the president of the Menifee Action Group which indicated that they supported the item and that the annexation did not jeopardize the Agenda Item No. \ G-- Pag' 29 of '10 Page 30 - City Council Meeting Minutes - September 26, 2006 economic base of the future city. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-163 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006-03. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-164 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT RESOLUTION NO. 2006-165 APPROVING GENERAL PLAN AMENDMENT NO. 2006-01. Councilmember Buckley noted that the Canyon Hills Specific Plan was the least dense part currently in the county. He noted that it was a I-acre minimum lot size under the Specific Plan that is part of the area. He noted that the item was not a dense plan. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1199, BY TITLE ONLY, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-03. ORDINANCE NO. 1199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-03, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE SUBJECT TO THE COMPLETION OF ANNEXATION NO. 78, BRINGING 21.13 ACRES OF VACANT PROPERTY INTO THE CITY OF LAKE ELSINORE. Agenda Item No. lC3l. Page 30 of ;-40 Page 31 - City Council Meeting Minutes - September 26, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-166 APPROVING ANNEXATION NO. 78 SUBJECT TO SEVEN (7) CONDITIONS OF APROVAL. GENERAL CONDITIONS PLANNING DIVISION 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan amendment by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314. 00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-03. 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, Agenda Item No. "\(;;t. Page 31 of t-\C Page 32 - City Council Meeting Minutes - September 26, 2006 permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The annexation shall comply with the requirements contained in the Cortese- Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Sections 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 6. All entitlements contained herein are subject to the completion and approval of the annexation. 7. The applicant shall sign and return an "Acknowledgment of Conditions " to the Community Development Department within 30 days of approval. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1193 - Adopting Specific Plan No. 2005- 01 and Zone Change No. 2005-01 (The Village at Lakeshore Specific Plan). MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1193 ORDINANCE NO. 1193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2005-01 CHANGING THE ZONING DESIGNATION OF THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF GRAND A VENUE AND RIVERSIDE DRIVE FROM Cop COMMERCIAL PARK DISTRICT TO SPECIFIC PLAN UNDER THE ZONING ORDINANCE. t, AgendalternNo.~ " ') Page 32 of~ Page 33 - City Council Meeting Minutes - September 26, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE HICKMAN NONE 32. Second Reading - Ordinance No. 1194 - Amending and restating the Sections in the L.E.M.C. regarding appeal of Nuisance Abatement and Planning Commission decisions. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1194. ORDINANCE NO. 1194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTIONS 8.18.100, 14.04.220, 17.70.014, 17.70.038, 17.74.070, 17.76.070, 17.80.020, 17.82.090, 17.82.100, 17.92.050, 17.98.100 AND 17.99.180 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING APPEAL OF NUISANCE ABATEMENT AND PLANNING COMMISSION DECISIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 33. Cruise Night Reconsideration. BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE HICKMAN NONE Agenda ltem No. 1 (.k~ Page 33 of I-{O Page 34 - City Council Meeting Minutes - September 26, 2006 City Manager Brady commented on the item. He noted that on August 8, 2006 the Chamber of Commerce and Downtown Merchants Association had requested that the Cruise Night Event be reinitiated and to allow for a closure on Main Street. He noted that the direction was to come back to Council in 3 months after are-evaluation ofthe operation of the Cruise Night. He noted that the Chamber of Commerce and the Downtown Merchants Business Association was also requesting additional closure of Main Street based on the number of participants they have had. He noted that staffs recommendation was to deny the request and to evaluate the request after a 3-month period. Kim Cousins, Chamber of Commerce, commented that the first 2 Cruise Nights have been very successful. He noted that the Chamber did not initiate the petition; he indicated that the Downtown Merchants Association petitioned the business owners and made a request to City Council. He noted that there would not be any car shows for the months of December and January. He suggested letting the Cruise Night continue through the month of November and adjourn the issue during the months of December and January and have a frank discussion about the benefits of Cruise Night and determine during that 2-month period what the course of action will be for 2007. Helen Gross, 201 W. Graham, noted that she was a former resident of Glendora. She noted that while living in Glendora, their main street was consistently occupied with events. She noted that the events provided family togetherness. She noted that the event was for the people of Lake Elsinore and not just for the Merchants. Richard Carpenter, 169 N. Main Street, commented that 90% of the businesses requested that the Cruise Night be allowed to continue. He noted that people were being turned away because there was no parking. He noted that if there was not a place to park them, then it would be likely that they would not come back. He noted that if people did not come to the car show, there would not be a reason to have it. Pat Shepard, 107 E. Graham, noted that she was new a merchant on Main Street. She noted that the event stopped at her comer. She noted that she had to hire people to advertise her business to the people who attended the car show. She noted she would appreciate if she was considered as part of "downtown". She noted that she would like to see support for the opening Agenda Item NO.$ Page 34 of '10 Page 35 - City Council Meeting Minutes - September 26,2006 of Main Street. She noted that she and Mr. Carpenter were the two individuals who obtained signatures for their petition from the merchants. She noted comments received from attendants from the last event. She commented that she was in support of the event. Mayor Pro Tern Schiffner inquired on what Council would be discussing regarding the item. Mayor Magee indicated that the item on the agenda was a reconsideration. He noted that the most logical and fair-minded approach would be to look to extend the event for an additional month with the additional area that Ruth Atkin's letter requests and re-evaluate after the holiday season. He noted that Mr. Cousins' recommendation was a reasonable approach. MOVED BY SCHIFFNER TO APPROVE THE REQUEST BY RUTH ATKINS AND RETRACT COUNCIL'S DECISION FROM THE AUGUST 8, 2006 COUNCIL MEETING. Councilmember Buckley inquired if area of the event needed to be identified. AMENDED MOTION MADE BY SCHIFFNER, SECONDED BY KELLEY TO ALLOW ONE ADDITIONAL MONTH OF USE AND EXTENDING THE PHYISCAL LENGTH OF THE EVENT FROM FRANKLIN STREET TO SULPHUR STREET. Mayor Magee noted that Fred Dominguez, former Councilmember and long- time business owner, provided him with an alternative map that is different from what Council was proposing. He noted that he had shared the map with the entire Council and had been advised that businesses that were in opposition of the event, were in favor of Mr. Dominguez's route. He noted that he would like the alternative route discussed at the reconsideration. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. 34. Ordinance regarding City Councilmember Compensation. City Manager Brady commented on the item. He noted that under the State law, the compensation of the City Council was based on the population. He Agenda Item No. \ C'-- pege 35 of 'io Page 36 - City Council Meeting Minutes - September 26, 2006 also noted that under the State law, the City Council compensation was allowed to be up to $400 a month. He noted that Council's current compensation was $300 a month. He indicated that the increase would take effect in January 2007. Kim Cousins, Chamber of Commerce, noted that as a representative of the business community and the Council was woefully underpaid. He highly encouraged Council to give themselves a raise and that the City Attorney try and figure out how their salary could be raised higher in the future. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1201. Mayor Magee commented that there has not been a raise in compensation for the City Council since 1985. He noted that he did not know of any other position that had not seen its pay increase over the course of the last 21 years. ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 2.08 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING INCREASING SALARIES OF CITY COUNCILMEMBERS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: .NONE 35. Ordinance repealing Chapter 2.09 of the Lake Elsinore Municipal Code. City Attorney Leibold commented on the item. She noted that at the last Council meeting, Council approved an update Code of Ethics in City Agenda Item No.lli Page 36 of ~.-\O Page 37 - City Council Meeting Minutes - September 26, 2006 Council Policy No. 100-2. She noted that the existing L.E.M.C. provisions were inconsistent with the newly adopted policy, but they were also inconsistent with applicable State law. She noted that there were numerous State laws that govern the conduct of Councilmembers and other local public officials. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1202. ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 2.09 CODE OF ETHICS OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 36. Washington, D.C. Lobbying Services contract renewal. City Manager Brady commented on the item. He noted the efforts of the Council and the Ferguson Group. He noted that staff believed that the service provided by the Ferguson Group was outstanding. Councilmember Kelley commented that the money spent on the Ferguson Group was a good investment. She noted that she was proud to be represented by the Ferguson Group. She noted comments made by legislators. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE RENEWAL OF THE LOBBYING SERVICES WITH THE FERGUSON GROUP FOR 2006- Agenda Item No.~ CA. Page 37 of~ Page 38 - City Council Meeting Minutes - September 26, 2006 2007 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. 37. Investigation ofCALTRANS' relinquishment of State Route 74 to the City of Lake Elsinore. City Manager Brady commented on the item. He noted that the item was a request asking for direction from the Council with regard to looking at the feasibility of taking over the Caltrans State Route 74 in the section that runs through the City. City Engineer Seumalo noted that the item was a request by staff for direction from the Council to research the process of acquiring State Route 74 from Caltrans. He noted that staff was proposing to investigate the costs and benefits of absorbing the roadway segment into the City and providing a summary report at the October 24, 2006 Council meeting. He noted that the summary that staff will be providing will include information on the acquisition procedure, maintenance costs, cost estimate of future costs, limits of acquisition and related details. Kim Cousins, Chamber of Commerce, commented on the importance of State Route 74. He highly encouraged Council to take ownership away from Caltrans. Mayor Magee noted that he requested that staff place the item on the agenda. He noted his points of concern. He noted that the City Engineer was a former Caltrans' employee and was very familiar with the Caltrans' process. Mayor Pro Tern Schiffuer commented that State Route 74 would be a great asset to the City. He noted that the City would have control of the highway. He commented on what he would like to see. MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO DIRECT STAFF TO PERFORM AN ANALYSIS TO DETERMINE THE FEASABILITY OF ACQUIRING AND MAINTAINING STATE ROUTE 74 AS A CITY OWNED AND MAINTAINED HIGHWAY, AND PREPARE A REPORT TO COUNCIL FOR REVIEW AND CONSIDERA nON. Agenda Item NO.~ Page 38 of~ Page 39 - City Council Meeting Minutes - September 26, 2006 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:23 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:25 P.M. PUBLIC COMMENT No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: October ih - Household Hazardous Waste Collection October 7th - Canyon Lake Wakeboard Competition CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Buckley commented on the following: I) Commented on the Goods Movement signing for the Inland Empire. Councilmernber Buckley inquired if any of the Councilmernbers were able to attend. Mayor Pro Tern Schiffner noted that he would try to attend. Agenda Item No.1 C;L. Page 39 of~ Page 40 - City Council Meeting Minutes - September 26, 2006 Councilmember Buckley inquired if Council could authorize staff to draft a letter that the Mayor could sign stating that City would've signed if a Councilmember could've attended the event. Mayor Magee noted that could be done. Mayor Magee commented on the following: I) Noted that Mr. Mount had some questions at the beginning of the evening in regard to the Rosetta Canyon Development. Mayor Magee responded to Mr. Mount's questions. He deferred Mr. Mount to speak with Community Services Director Sapp for questions regarding parks within the City. The Regular City Council Meeting was adjourned at 8:28 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERICK RAY, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No.0- Page 40 of "-\0 MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE " 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 10, 2006 ******************************************************************** CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN (Councilmember Hickman arrived at 4:13 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Coml~1Unity Services Director Sapp, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Planning Manager Weiner, Recreatiorl/Tourism Manager Fazzio, City Engineer Seumalo, City Treasurer Weber and City Clerk Ray. DISCUSSION ITEMS Mayor Magee gave an overview of the presentations; and confirmed that the awardees would be present at the 7:00 p.m. meeting. Agenda Item No. Ii; Page 10[8 PAGE 2 STUDY SESSION MINUTES - OCTOBER 10, 2006 PUBLIC COMMENTS Ron Hewison, PSAC, noted that they just comnleted their new list of goals and objectives and suggested setting up a study session with the Council to receive input. CONSENT CALENDAR I. Warrant List - September 28,2006. Mayor Magee inquired on Check No. 87597. Administrative Services Director Pressey indicated that the amount involved with Check No. 87597 was related to supplies, parts for repair and miscellaneous items and services. 2. Southwest California Economic Alliance Agreement. No comments. 3. Resolution initiating proceedings and approving the Engineer's Report for City of Lake Elsinore Landscape and Street Lighting District No. I - addition of Park landscaping to Serenity - Zone 4, declaring the City's intention to increase assessments and to levy and collect assessments and offering a time and place for hearing objections thereto. No comments. 4. Approve a Deposit and Reimbursement Agreement, Resolution ofIntention to establish Community Facilities District No. 2006-8 (Running Deer Estates) and Resolution of Intention to incur bonded indebtedness. No comments. 5. Modifications to MSHCP Consistency Resolutions previously adopted by the City Council for two projects within the Ramsgate Specific Plan. City Attorney Leibold clarified that Resolution2006-140 was approved on August 22, 2006 and included reference and findings with respect to Tract Nos. Agenda Item No. \ I:) Page 2 of 8 PAGE 3 STUDY SESSION MINUTES - oqroBER 10, 2006 25475 and 34321. She noted that there was a r~solution adopted on May 23, 2006 with respect to Tract Map No. 25473 which was also included within the boundaries of the Ramsgate Specific Plan and dovered by the Development Agreement. She noted that it was similarly exempt from the MSHCP and was deemed to have satisfied all of those requirements. 6. Change Order No. I for the Interim Improvements located at I-15/Railroad Canyon Road Interchange. Councilmember Kelley commented on Caltrans' statement that was noted in the City Manager's weekly memo. City Manager Brady noted that there was some grading work that needed to be redone based on what Caltrans had directed. City Engineer Seumalo noted that Caltrans was uncomfortable with the way the retaining wall and lack of retaining material was removed for the bridge abutment. He noted that Caltrans stopped the project to get a plan from the contractor of how it was going to be protected while the wall was being built. He noted that prolonged the project 3-4 weeks. City Manager Brady clarified that the project was being followed per Caltrans' plan. Mayor Magee commented on staffs efforts and patience with the project. 7. Agreement with Caltrans to fund a portion of the traffic signal and intersection improvements located at the intersection of Ortega Highway (SR-74) and Grand Avenue. Mayor Magee inquired about the encroachment permit. City Engineer Seumalo noted that staff hand delivered 20 sets of plans to Caltrans for their review. 8. Resolution to approve grant for Proposition 50. Councilmember Kelley inquired if the 1.7-mile pedestrian path was going to be covered with decomposed granite. Agenda Item No. \ t) Page 3 of8 PAGE 4 STUDY SESSION MINUTES - OeTOBER 10,2006 Community Services Director Sapp confirmed. 9. Final Map No. 32991. No comments. PUBLIC HEARINGS 21. Commercial Design Review No. 2006-04 - Medical & Professional Office Buildings. No comments. 22. Industrial Design Review No. 2006-01 for a proposed industrial building located at 570 3 rd Street. No comments. BUSINESS ITEMS City Attorney Leibold commented on a Severability Clause. She noted that a Severability Clause was standard in any form of legislation. She noted that several of the ordinances going before Council that evening did not have that clause included. She noted that clauses had been added to Item No. 31, Item No. 32, Item No. 33 and Item No. 35. 31. Second Reading - Ordinance No. 1195 - Adopting Pre-Annexation Zone Change No. 2006-07 Annexation No. 76. No comments. 32. Second Reading - Ordinance No. 1196 - Approving Zone Change No. 2006-07 Annexation No. 76. No comments. Agenda Item No. \ ~) Page 4 of8 PAGE 5 STUDY SESSION MINUTES - OCTOBER 10, 2006 33. Second Reading - Ordinance No. 1197 - Approving Ramsgate Specific Plan No. 89-1 Fifth Revision. No comments. 34. Second Reading - Ordinance No. 1198 -Approving Pre-Zoning No. 2006-04 Annexation No. 77. No comments. 35. Second Reading - Ordinance No. 1199 - Approving Pre-Annexation Zone Change No. 2006-03 Annexation No. 78. No comments. 36. Second Reading - Ordinance No. 1201 - Amending and restating Section 2.08.020 of the L.E.M.C. - City Council compensation. No comments. 37. Second Reading - Ordinance No. 1202 - Repealing Chapter 2.09 of the L.E.M.C. No comments. 38. Commercial Design Review No. 2006-05 for the clubhouse located at "Links of Summerly". No comments. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Warrant List - September 28, 2006. No comments. Agenda Item No. \ Y) . ." Page 5 of8 PAGE 6 STUDY SESSION MINUTES - OCTOBER 10,2006 2. Investment Report. No comments. 3. Final Map No. 32991. No comments. PUBLIC HEARING ITEMS None. BUSINESS ITEMS 4. Commercial Design Review No. 2006-04 - Medical & Professional Office Buildings. No comments. 5. Industrial Design Review No. 2006-01 for a proposed industrial building located at 570 3'd Street. No comments. 6. Commercial Design Review No. 2006-05 for the clubhouse located at the "Links ofSummerly". No comments. 7. Status of the Redevelopment Agency Committee. Boardmember Magee inquired if the Committee Members were advised of tonight's meeting. Executive Director Brady noted that he did not believe that the Committee Members were advised of the meeting. Chairwoman Kelley commented on the status of the Committee. She noted recent resignations. Agenda Item No. I t'J Page 6 of8 PAGE 7 STUDY SESSION MINUTES - O~TOBER 10, 2006 Boardmember Magee commented that 4 of the tasks listed on page 2 of the Staff Report appeared to be in the hands of the City Attorney's office. Legal Counsel Leibold commented on the status of the tasks. Chairwoman Kelley noted that the Committee was currently in recess. Boardmember Hickman inquired on the status of the HDL study. Legal Counsel Leibold noted that the only tp.ing that HDL was waiting for, were some elevation reports with respect toithe East Lake Specific Plan. Boardmember Hickman inquired if the study was first started in 2004/2005. Legal Counsel Leibold confirmed. Ron Hewison, RDA Committee, commented that a lot of the RDA tasks were administrative. He suggested staying in recess until the New Year. He suggested holding a study session. Chairwoman Kelley inquired if Mr. Hewison could give the status on the members of the RDA Committee. Mr. Hewison noted that Jerry Oldenkamp had resigned. He noted that John McCann may possibly be moving. He noted that Harvey Ryan, Fred Crowe and himself were still a part of the Committee. CITY TREASURER COMMENTS None. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 4:27 P.M. Agenda Item No. l }::) Page 7 of8 PAGE 8 STUDY SESSION MINUTES - OCTOBER 10, 2006 ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY Respectfully submitted, MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERICK RAY, CITY CLERK Agenda Item No. \ t.:) Page 8 of8 MINUTES CITY COUNCIL MEETING CITY OF LAKE EI:.SINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 10, 2006 *************************************~**************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN (Councilmember Hickman arrived at 4:13 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, C<!mmunity Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, RecreationlTourism Manager Fazzio, Building & Safety Manager Chipman, Planning Manager Weiner, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Magee. Agenda Item No.L Page 1 of 50 Page 2 - City Council Meeting Minutes -October 11, 2006 ;' INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN (Councilmember Hickman arrived at 7:05 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Planning Manager Weiner, Chief of Police Fetherolf, Fire Chid Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code S 54956.9: (1 potential case) PRESENTATION/CEREMONIALS A. Proclamation - National Breast Cancer Awareness Month. Mayor Magee called Dr. Laura Robert forward to join him at the podium. Mayor Magee read and presented the Proclamation to Dr. Robert. Dr. Robert thanked the Mayor and City Council for the Proclamation. She encouraged everyone who was a womani,to have annual Breast Cancer screenings. She noted that her facility, Lake Elsinore Family Care Center on Lakeshore Drive, offers free breast cancer screenings to women age 40 and older. Agenda Item No. \ c..... Page 2 of SO Page 3 - City Council Meeting Minutes - Oc'tober 10,2006 B. Proclamation - Beth DeCou Mayor Magee called Community Service Officer Beth DeCou along with other Law Enforcement members forward to join him at the podium. Mayor Magee noted that the City was recognizing Community Service Officer DeCou for her outstanding service to the community. He read and presented the Proclamation to Community Service Officer DeCou. Community Service Officer DeCou thanked the Council and the community for the Proclamation. She thanked Chief of Police Fetherolffor his support. She thanked the other Law Enforcement 'members for their additional support. Chief of Police Fetherolf commented on Community Service Officer DeCou's award and how they were very proud of her. He noted some of her accomplishments. Mayor Magee noted that Law Enforcement was always out protecting and serving the community. He thanked Community Service Officer DeCou for her efforts. C. Business of the Quarter - El Ranchito Taco Shop. Mayor Magee called Ray Moon, owner ofEI Ranchito Taco Shop, forward to join him at the podium. Mayor Magee noted that he was recognizing'Ray and Martha Moon as outstanding Business of the Quarter for 2006. He noted that their business had been in the community for over 17 years. He commented that they were good for the business community. He noted that Mr. and Mrs. Moon have been highly involved in the community. Mr. Moon thanked the Mayor and City Council for the award. He noted that the Council was doing a good job. Agenda Item No,} (.:. Page 3 of 50 Page 4 - City Council Meeting Minutes - October 10, 2006 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ken Niemi, Lake Elsinore Hang Gliding, noted that he was a hang glider pilot. He noted that keeping the sport alive was importaI)t to the economy and the community. He invited the Council to the Lake Elsinore Hang Gliding Landing Zone. He noted that securing the landing zone was important to the sport. Pete Dawson commented on Ordinance No. 1192. He noted that the U.S. Coastguard Auxiliary stood ready to assist in any disaster situation. He further noted that the Lake Elsinore Marine Search and Rescue also stood ready to assist as needed. Dori Dixon, Lake Elsinore Rotary Club, comm!'lnted on their 4th annual Arts and Wine Festival on October 14th. She noted that Mike Metzger would be doing a guest appearance. She invited the City Council to the event. She noted that local artists would be in attendance. Pat Clary, Lake Elsinore Rotary Club, thanked the Council for allowing the event to take place. Donna Franson, Lake Elsinore Citizen's Committee, commented that the Candidates Forum would be on October Izth at? p.m. at the Lakeside High School Cafe. She noted that the next quarterly meeting will be in late January. She noted that the attendance of the Council, Planning Commission and Law Enforcement was highly appreciated by the community. Loraine Watts, NAACP, noted that one of her concerns had to do with street sweeping. She inquired if only one side of the street could be swept per day in order to allow parking for out-of-town visitors. She noted that the NAACP branch was holding their 1st Multi-Cultural Relationship Development Forum on October 25th at the Cultural Center. She noted that their NAACP Branch Meeting would be held on October 28th at 11 a.m. at the Lake Elsinore Library. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. Ratified Warrant List for September 28, 2006. Agenda Item No. I C Page 4 of SO Page 5 - City Council Meeting Minutes - October 10, 2006 2. Approved the agreement with Southwest California Economic Alliance. Authorized the Mayor to execute the agreement. 3. Approved Engineer's Report for LLMD No. 1. Adopted Resolution No. 2006-167 declaring the Intention to increase assessments for LLMD No.1. Scheduled the public hearing on the assessment increase for November 28, 2006. 4. Approved Deposit and Reimbursement agreement. Adopted Resolution No. 2006-168 establishing CFD No. 2006-8 and calling a public hearing for November 28, 2006. Adopted Resolution No. 2006-169 to incur bonded indebtedness. 5. Authorized the City Attorney to make aforementioned revisions to Resolution No. 2006-140 and Resolution No. 2006-156 prior to signing the documents and placing them on file with the City Clerk. 6. Approved Change Order No.1 reducing cost by $31,256.64. Authorized the City Manager to execute Change Order No.1 with R. 1. Noble Company. 7. Authorized the Mayor to enter into a cooperative agreement with Caltrans for the reimbursement of funds in the lI1110unt of$120,000 for the Ortega Highway and Grand Avenue Intersection Improvement Project. 8. Adopted Resolution No. 2006-170 approving the application for grant funds (Proposition 50). 9. Approved Final Map No. 32991 for Condominium purposes. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. Agenda Item No,k Page 5 of 50 Page 6 - City Council Meeting Minutes - October 10,2006 PUBLIC HEARINGS 21. Commercial Design Review No. 2006-04 - Medical & Professional Office Buildings. Community Development Director Preisendanz commented on the item. He noted that the project was located on the south side of Canyon Estates Drive. He noted that the Planning Commission unanimously recommended approval of the item. Michael O'Neal, Planning Commission, noted that the Planning Commission concurred with staffs recommendation on the project and encourages Council to adopt both resolutions. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-171 MAKING FINDINGS OF CONSISTENCY WITH THE MSHCP. Councilmember Hickman inquired if Carlyon Estates drive was scheduled to be widened. City Manager Brady indicated that an additional right-of-way was going to be dedicated as part of the project. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-172 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-04. GENERAL CONDITIONS PLANNING I. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will Agenda Item No.k Page 6 of SO Page 7 - City Council Meeting Minutes - October 10,2006 promptly notifY the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notifY the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnifY, or hold harmless the City. 2. Approvalfor Commercial Design Revie;v No. 2005-08 will lapse and be void unless building permits are issuedwithin one (1) year following the date of approval. 3. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approyal of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 4. No structure which has received a "DesignReview" or ''Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 5. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 6. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 7. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifYing the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. (Added by Planning Commission 9-19-06) 8. Applicant shall comply with all mitigation measures associated with the Environmental Impact Report for the Canyon Creek Specific Plan and \ Agenda Item NO.J.C. Page 7 of SO Page 8 - City Council Meeting Minutes - OCtober 10, 2006 Mitigated Negative Declaration for Canyon Creek Specific Plan Amendment No. I as applicable. 9. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. I a.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to deyelopment shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. II.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring prop~rty and streets. All light fIXtures shall compliment the architectural style of the building. I2.Applicant shall comply with all ADA (!f.meNcans with Disabilities Act) requirements. 13. Trash enclosures shall be constructed per City standards as approved by the Community Development Director;or Designee prior to issuance of Certificate of Occupancy. 14.No exterior roof ladders shall be permitted. I5.All exterior downspouts shall be concealed within the building. 16. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 1 7. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Upper Field Color Vista Paint 8592 "Fresh Sawdust" Lower Field Color Vista Paint 8599 "Brighton Beach" Agenda hem NO.~ Page 8 of SO Page 9 - City Council Meeting Minutes - October 10,2006 Storefront Green Tint with Anodized Aluminum Frame 18. On-site surface drainage shall not cross sidewalks. 19. Parking stalls shall be double-striped with four-inch (4 ") lines two feet (2 ') apart. 20.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. Prior to Issuance of Building/Grading Permit: 21. Prior to issuance of any grading permit, or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions "form and shall return the executed original to thJ Planning Divisionfor inclusion in the case records. 22. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separatedfrom paved areas with a six inch (6") high and six inch (6'') wide concrete curb. c. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36''). d. Applicant shall plant street trees, selectedfrom the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24') box in size. e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. Agenda Item NO,J.c. Page 9 of 50 Page 10 - City Council Meeting Minutes - October 10, 2006 f Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Thirty percent of shrubs required on slopes shall be jive-gallon container size. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requestedfor any building. Final landscape plan must be consistent with approved site plan. j. Final landscape plans to include planting and irrigation details. k. The African Sumac trees proposed around the perimeter of the onsite parking lot shall be replaced with a variety of tree that has a wider canopy at maturity such as a Camphor Tree. Please revise jinallandscape plan accordingly. 23. Prior to issuance of building permits, applicant shall provide assurance that all requiredfees to the Lake Elsinore Unified School District have been paid. 24. Decorative light fixtures shall be placed within the onsite parking lot. The fixtures shall be ADA compliant and shall compliment and enhance the architectural style of the buildings onsite. The specific fixture type shall be reviewed and approved by the Community Development Director or designee and shall be shown on the construction drawings. ENGINEERING DEPARTMENT Agenda Item No.k Page 10 of 50 Page 11- City Council Meeting Minutes - October 10, 2006 General Requirements: 25.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existingflow 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. 26. 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. 27.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30ft. in height shall be contoured. 28.An Encroachment Permit shall be obtained prior to any work on City right-ol-way. 29. Arrangements for relocation of utility company facilities (jJower poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 30. 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. 31. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 32. Provide fire protection facilities as required in writing by Riverside County Fire. 33.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, TIF, Railroad Canyon Road Benefit District Fees, and area drainage fees. Agenda Item No. l (:- Page II of 50 Page 12 - City Council Meeting Minutes - October 10, 2006 34. Ten 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-ol-way. When either of these criteria is exceeded, drainage facilities shall be provided. 35. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 36. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 3 7. Slopes and landscaping along Canyon Estates Drive including within public right-ol-way shall be maintained by property owner's association. 38.All open space and slopes exceptfor public parks and schools andflood control districtfacilities, outside the public right-ol-way shall be owned and maintained by property owner's association. 39.In accordance with the City's Franchise Agreementfor waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 40. On-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. 41.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 42. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofi should drain to a landscaped area. 43.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 Agenda Item NO.~ '._~' Page 12 of 50 Page 13 - City Council Meeting Minutes - October 10, 2006 requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 44.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, Pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of 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) 45. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 46. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state andfederallaw, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes 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 Approval offinal site plan and grading plan, unless other timing is indicated, the applicant shall complete the following or have plans submitted and approved, agreements executed and securities posted: 47. The applicant shall dedicate 2' of additional right-ol-way on Canyon Estates Drive such that the ultimate right-ol-way width to centerline is 45 feet. Canyon Estates shall be widened to meet General Plan street of 35 feet from centerline to curb face. In-lieu fee based on recent engineer's estimate may be substitutedfor construction of ultimate improvements as approved by the City Engineer. Agenda Item No, \ (~jo Page 13 of 50 Page 14 - City Council Meeting Minutes - October 10, 2006 48. The driveway access shall be widened to provide two lanes for egress (right and leftlthru). Median nose shall be located out of public rlw. The queing storage for entrance to the site shall be at least 50 feet from the ultimate curb line of Canyon Estates Drive. 49. Sidewalk improvements shall include ADA ramps at curb returns. 50. The applicant shall provide a revised signing and striping plan for Canyon Estates Drive, from Ridgecrestlproject access to Franklin. 51. The applicant shall provide a traffic study. The study shall be per County guidelines and scope of work approved by the City. The study's recommended traffic improvements, if approved by the city, shall be completed by the applicant as part of this project. Prior to Issuance of a Grading Permit: 52. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 53. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 54. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 55. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 57. 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. Agenda Item Nn.LL Page l4 of 50 Page 15 - City Council Meeting Minutes - October 10,2006 58. 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. 59. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall 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. Prior to Issuance of Building Permit: 60.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 61.Submit a "Will Serve" letter to the City Engineering Divisionfrom the applicable water agency stating that water and sewer arrangements have been made for this project and specitv 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. 62. The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 63.Pay all Capital Improvement TIF, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Checkfees (LEMC 16.34). Prior to Occupancy: 64.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). Allfees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Agenda Item No, '\ C. Page 15 of 50 Page 16 - City Council Meeting Minutes - October 10, 2006 65. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2/1 x 11/1 Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 66.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 67.All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, Parking and Stop signs, for streets within the project. 68. Water and sewer improvements shall be completed in accordance with Water District requirements. 69. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 70. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. COMMUNITY DEVELOPMENT DEPARTMENT 71. The applicant shall pay park fees of $0.10 per square foot for all interior commercial/industrial space. 72. The applicant shall comply with all NPDES storm water requirements. 73. The applicant shall participate in the City-wide LLMD. 74. The applicant shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 75.Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. Agenda Item No.~ Page 16 of 50 Page 17 - City Council Meeting Minutes - October 10, 2006 RIVERSIDE COUNTY FIRE DEPARTMENT 76. The applicant shall comply with all Riverside County Fire Department conditions and standards. BUILDING AND SAFETY DEPARTMENT 77.ADA Path of Travel to the public right-ol-way shall be completed prior to issuance of Certificate of Occupancy. ADMINISTRATIVE SERVICES 78. "Prior to issuance of a building permit, 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, open space and public storm drains constructed as a result of the development andfederal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a $4,200 non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. " 79. "Prior to the issuance of a building permit, the developer shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-ol-way landscaped areas to be maintained by the City andfor street lights in the public right- ol-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a $4,700 non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. " 22. Industrial Design Review No. 2006-0 I for a proposed industrial building located at 570 3rd Street. Community Development Director Preisendimz commented on the item. He noted that the proposed project was an infill development surrounded by similar buildings. He noted that the Planning Commission recommended approval. Agenda Item No.1 C..:. Page 17 of SO Page 18 - City Council Meeting Minutes - October 10, 2006 Michael O'Neal, Planning Commission, noted that the Planning Commission concurred with staffs recommendation. Mayor Magee opened the public hearing at 7:33 p.m. Councilmember Buckley commented on the elevation of the project. He noted that the south end of the project needed additional plants. He suggested adding additional trees. Community Development Director Preisendanz noted that it could be added in as a Condition of Approval. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-173 MAKING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY BUCKLEY, SECONDED BY IDCKMAN TO ADOPT RESOLUTION NO. 2006-174 WITH A CONDITION THAT THE SOUTH ELEVATION LANDSCAPE BE MODIFIED SUBJECT TO STAFF REVIEW. SCIDFFNER MADE THE FOLLOWING SUBSTITUTE MOTION: MOVED BY SCIDFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2006-174 APPROVING INDUSTRIAL DESIGN REVIEW NO. 2006-01 AS IT HAD BEEN SUBMITTED. Mayor Magee commented on Condition of Approval No. 38 regarding landscaping. He commented on Item "d" of that section and suggested that the trees be placed 20 feet apart or that the size be upgraded to a 36" box. He noted that would incorporate Councilmember's Buckley's request. He noted that it would also provide specific direction for the applicant. SCIDFFNER MADE THE FOLLOWING AMENDED MOTION: MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3-2 WITH BUCKLEY AND HICKMAN ABSTAINING TO ADOPT RESOLUTION NO. 2006-174 APPROVING INDUSTRIAL DESIGN REVIEW NO. 2006-01 WITH A MODIFICATION TO CONDITION OF APPROVAL NO. 38, "D", TO ALLOW FOR THE ALTERNATIVE OF PLACING THE TREES EITHER 20 FEET APART WITH AT LEAST A 24" Agenda Item No.1L Page 18 of 50 Page 19 - City Council Meeting Minutes - October 10, 2006 BOX SIZE OR 30 FEET APART WITH AT LEAST 36" BOX SIZE TREES. GENERAL CONDITIONS PLANNING 1. The applicant shall defend (with counsel acceptable to the City), indemnifY, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project, which action is bought within the time period providedfor in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notifY the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. lfthe City fails to promptly notifY the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnifY, or hold harmless the City. 2. Approvalfor Industrial Design Review No. 2006-01 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 3. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. The applicant shall comply with Section 17.78 (Noise ControU of the LEMC. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 6. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be Agenda Item No. \ c_ Page 19 of 50 Page 20 - City Council Meeting Minutes - October 10,2006 reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 7. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 8. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 9. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 1 a.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. II.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building. I2.Allloading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 13. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 14. No exterior roof ladders shall be permitted. I5.All exterior downspouts shall be concealed within the building. 16. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. Agenda Item No.k Page 20 of SO Page 21 - City Council Meeting Minutes - October 10,2006 17.Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. 18. On-site surface drainage shall not cross sidewalks. 19.Parking stalls shall be double-striped with four-inch (4 ") lines two feet (2 ') apart. 20.All trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 21.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 22.All parking spaces adjacent to the proposed loading dock shall have wheel stops. 23.All drive aisles and loading areas shall be keptfree and clear of any materials/merchandise so as to not obstruct onsite circulation and deliveries. 24.Ifthe applicant proposes an exterior mailbox, he/she shall submit elevations to be reviewed and approved by the Community Development director or designee. 25. Split face block shall be used on all proposed walls and shall match the color of all existing walls. 26. The applicant shall utilize a bio-retention system for NPDES compliance that shall be fully landscaped. 27.All Conditions of Approval shall be met prior to issuance of Certificate of Occupancy. 2J5.Prier ta the issu8nee ;Jf 3 grueling permit, the 8pplie&/t shall seeUFe 8 m8inwn&/ee agreement ;vith the 8dj.5leent pr8fJert). elmOI' ieeElwd Elieng the I'larth interia/' pr-epe14y liRe. If a maintenimee flgreemcnt emmet se Agenda hem No.~ Page21 of 50 Page 22 - City Council Meeting Minutes - October 10, 2006 aseertained, the aflfJlie&~t shall releeate the hbtildiligfbe feet (5') e.ffthe proper!,}' line fer nlaintenemee pl>lrpescs. (Deleted by Planning Commission on 10/3/06) 29. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. Prior to Issuance of Building Permit: 30.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Divisionfor inclusion in the case records. 31.Prior to the issuance of a building permit, the applicant shall submit elevations for a decorative solid roof over all trash enclosures. The decorative solid trash enclosure roof shall be reviewed and approved by the Community Development Director or designee. 32.Prior to the issuance of building permits, the applicant shall revise the landscape plan to indicate that all onsite trees will be a minimum of twenty-four inch (24 '') box in size. 33.Prior to the issuance of building permit, the applicant shall revise the site/landscape plan to indicate that all required parking lot trees shall be located at the end of all planting beds. 34. Prior to the issuance of a building permit, the applicant shall revise the site/elevation plan to indicate that the safety railing along the loading dock extends to the end of the loading dock curbing so that it ends at grade level. 35. The applicant shall incorporate a decorative architectural element to be located on the front (west) elevation wall directly adjacent to and below the front windows and sign envelope. All proposed architectural elements shall be reviewed and approved by the Community Development Director or designee, prior to the issuance of building permits. Agenda Item NO.Lc:- Page 22 of 50 Page 23 - City Council Meeting Minutes - October 10,2006 J&.P-rier te the issu(il'lee of $I b!Jli!dil1g permit, the ffpplieant shall suemit dc,'atiel'ls of the tWet'lI}' four feet (21 ~\ sliding security gate t6 be re,'iell'cd by the Cemm'blnity. Dc1Jd8fJl'lleI'lt directer er designee. C.'9sil'l link fencing will net be pel'mitted. (Deleted by Planning Commission on 10/3/06) 37. The ffpplieeJ'lt shall install .5/ deeerstive wall rcml'l'l and pil6lst-::w that ee/'/l'Ieets f8 the sliding twenty feur feet (21') seeurit}. gate that is ,isiMe frem 3"" slr-cet. The wall I"etum eleva#el'l-s al'S fa be reviewed and &f!pre";cd by the Cel'lll'/lul'lity Develepmellt Dil'Ceter Sf" designee, prier te t.~e issuance of a building permit. (Deleted by Planning Commission on 10/3/06) 38. Prior to the issuance of a building permit, the applicant shall revise the site plan to indicate that all proposed walls are located off the property line or submit a notarized letter indicating that all adjacent property owners agree to having the placement of all proposed walls on the property line. 39. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separatedfrom paved areas with a six inch (6'? high and six inch (6'? wide concrete curb. c. Planting withinfzfteenfeet (15? of ingress/egress points shall be no higher than thirty-six inches (36'? d. The applicant shall plant street trees, selectedfrom the City's Street Tree List, a maximum ofthirtyfCet (3Q) apffl't ami fit kcJst RI'CI'IO' feuI' ineh (21") 3e-X in sioo with 36" box size trees planted a maximum of thirty feet (30') apart or 24" box size trees planted a maximum of twentyfeet (20') apart. (Condition modified by City Council on 10/10/06) Agenda Item NO.lc- Page 23 of 50 Page 24 - City Council Meeting Minutes - October 10,2006 e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Thirty percent of shrubs required on slopes shall be jive-gallon container size. h. All landscape improvements shall be bonded 100%for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requestedfor any building. Final landscape plan must be consistent with approved site plan. j. Final landscape plans to include planting and irrigation details. 40.Prior to issuance of building permits, applicant shall provide assurance that all requiredfees to the Lake Elsinore Unified School District have been paid. 41.Decorative light fIXtures shall be placed within the onsite parking lot. The fIXtures shall be ADA compliant and shall compliment and enhance the architectural style of the buildings onsite. The specific fIXture type shall be reviewed and approved by the Community Development Director or designee and shall be shown on the construction drawings. 42.Prior to the issuance of a building permit, the applicant shall pay park-in- lieu fee in effect at time of building permit issuance. Agenda Item No. \ C~ Page 24 of 50 Page 25 - City Council Meeting Minutes - October 10, 2006 43. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of a building permit. 44.Prior to the issuance of a building permit, the applicant shall provide assurances that all requirements of the Riverside County Flood Control and Water Conservation District have been met. 45.Prior to the issuance of a building permit, the applicant shall submit a revised site plan showing a continuous split-face block wall extending west from the existing wall along the southern property line ceasing approximately eighty-two feet (82') back from the front property line. In addition, a decorative block pilaster with cap shall be erected at the terminus of the wall. The design and materials usedfor the wall shall be reviewed and approved by the Community Development Director or designee. (Condition added by Planning Commission on 10/3/06) ENGINEERING DEPARTMENT General Requirements: 46.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 47. The applicant shall pay all Capital Improvement and Plan Checkfees (LEMC 16.34, Resolution 85-26). 48.Prior to the issuance of a building permit, the applicant shall submit a "Will Serve" letter to the City Engineering Divisionfrom 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. 49.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 50. The proposed development shall be designed to allow for truck turning movements on site as well as onto the site. The applicant shall show truck Agenda Item No.1 c.:~ Page 25 of 50 Page 26 - City Council Meeting Minutes - October 10,2006 turning templates on driveways and loading areas. The applicant shall provide, in writing, approval of fire protection access and facilities as required by Riverside County Fire Department. 51. The applicant shall pay all fees and meet the requirements of a . encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). + 52.All compaction reports, grade certifications (with tie notes delineated on 8 1/2" xlI Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 53.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 54.All improvement plans and parcel or tract maps shall be digitized. Prior to approval of tract or parcel map, and street improvement plans by City Engineer applicant shall submit digitizedfiles compatible with the City's Arc Info/GIS or pay $1000 per sheet/or city to digitize. Grading: 55. The developer/applicant shall obtain all necessary off-site easements for off-site gradingfrom the adjacent property owners prior to final map approval. 56. The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 57.A grading plan stamped/signed by a California Registered Civil Engineer is required if the grading exceeds 50 cubic yards and the existingflow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate counters and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. All contours shall extend 'to minimum of 15 feet beyond property lines to indicate existing drainage pattern. The applicant/developer shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. Agenda ltem No. \ (':... Page 26 of 50 Page 27 - City Council Meeting Minutes - October 10, 2006 58. The applicant shall provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. The applicant shall provide final soils report showing compliance with recommendations. 59.In accordance with the City's Franchise Agreementfor waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 60. The applicant is 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. 61.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. 62. This property is within Zone AO of Temescal Wash, with flood depth of one to three feet of sheet flow on sloping terrain; the final floor elevation shall be one foot above potential 1 00 year flood elevation, which city recommends to be assumed as 3 feet above the FEMA 's Flood Insurance Rate Map flood elevation of 1262. Drainage: 63.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 64. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulation. 65. The applicant shall meet all requirements of LEMC 15.68 regarding flood plain management Agenda ltem NO.J...c:.. Page 27 of 50 Page 28 - City Council Meeting Minutes - October 10, 2006 66. The applicant shall submit Hydrology and Hydraulic Reports per Riverside County Flood Control District for review and approval by City Engineer. The developer/applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 67.All drainage facilities in this project shall be constructed according to Riverside County Flood Control District Standards. 68.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. . 69. The applicant shall provide the city with proof of his having flIed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a sWPPP for construction period and a project- specific WQMP for post construction including its maintenance implementation. The project-specific WQMP shall demonstrate that discharge flow rates, velocities, duration, and volume, for the post construction condition, from a -2-year and I a-year, 24-hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. 70. The applicant/developer shall use Site Design BMPs such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge areas, and conserving natural areas, and allow runoff to sheet-flow through landscaped swales or natural drainage channels. 71. The applicant/developer shall provide first flush BMP's using the best available technology that will reduce storm water pollutants prior to entering into outside street drainage facilities (MS4). 72. The project-specific WQMP shall provide measures to minimize the impact from the Pollutants of Concern and Hydrologic Conditions of Concern identifiedfor the Project. Where Pollutants of Concern include pollutants that are listed as caus ing or contributing to impairments of Receiving Waters, BMPs must be selected so that the project does not cause or \ (. Agenda Item No.~ Page 28 of 50 Page 29 - City Council Meeting Minutes - October 10,2006 contribute to an exceedance of water quality objectives. The WQMP shall incorporate the applicable Source Control, and treatment Control BMPs as described in the Santa Ana River Region WQMP and provide information regarding design considerations, and the long-term operation and maintenance requirements for BMPs requiring long-term maintenance, as well as the mechanismfor funding the long-term operation and maintenance of the BMPs requiring long-term maintenance. 73.Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder to inform future property owners of the requirement to implement the approved project-specific WQMP. The project applicant shall cause the approved final project-specific WQMP to be incorporated by reference or attached to the project's Storm Water Pollution Prevention Plan as the Post-Construction Management Plan. 74.Education guidelines for Water Quality Management Practices (WQMP) shall be provided to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the WQMP in the Riverside County NPDES Drainage Area Management Plan. 75.Prior to building permit close-out or the issuance of a certificate of occupancy or certificate of use, the applicant shall: A- Demonstrate that all structural BMPs described in the project-specific WQMP have been constructed and installed in conformance with approved plans and specifications; B- Demonstrate that applicant is prepared to implement all non-structural BMPs described in the approved project-specific WQMP; and C- Demonstrate that an adequate number of copies of the approved project- specific WQMP are available for thefuture owners/occupants. 76. The applicant/developer shall pay Master Planned Drainage fees of $7,155.00 per gross acre of the lots, a total of$ 7, 226 (Third Street District.) Agenda Item No. 'I c.~." Page 29 of 50 Page 30 - City Council Meeting Minutes - October 10, 2006 Street Improvements: 77. The street shall be improved from property line to the existing curb within the limits of the property's frontage on Third Street. The improvements shall include parkway landscaping as required by city engineer. 78. The developer/applicant shall pay all fees and meet requirements of encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 79.All compaction reports, grade certifications shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Fees: 80. The developer/applicant shall pay all Capital Improvement and Plan Checkfees (LEMC 16.34). Pay Master Drainage Fee, prior to issuance of grading permit and TIF and TUMF and Kangaroo Rat Fee fees prior to issuance of building permit, the following is the current fee schedule: Master Drainage Plan Feefor Third Street District is ($7,155.00 per acre.) The TIF amount is $0. 81per square foot of building; TUMF amount is $1.58 per square foot ofbuilding; Kangaroo Rat Fee is ($500.00 per acre x 1.01 acre) $505.00 The amount offees shall be per schedule offees in effect at the time the payment is made. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 81.Pursuantto AB 2926, AB 1600 andAB 181 the Lake Elsinore Unified School District would require payment, by the owner (or developer), of the maximum allowable commercial/industrial schoolfee prior to the issuance of a certificate of compliance. Agenda Item No. \ C:.. Page 30 of SO Page 31- City Council Meeting Minutes - October 10,2006 LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT 82. The developer is to pay park fees of $0.1 0 per square-foot for all interior commercial/industrial space. 83. The developer is to comply with all NPDES storm water requirements. 84. The developer will be required to participate in the "Public Facility" fee program. 85. The developer is to maintain all exterior walls and landscaping. 86. The developer is to participate in the City-wide LLMD. 87. The developer is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 88. The City's Landscape Architect is to review all landscape and/or irrigation plans. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTIRCT 89.An encroachment permit shall be obtained for any construction related activities occurring within District right-of ways or facilities. For further information, contact the District's encroachment permit section at (951) 955-1266. (Third Street Channel) ELSINORE VALLEY MUNICIPAL WATER DISTRICT 90. The applicant shall request a will serve letter for the service of water and sewer. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1195 - Approving Pre-Annexation Zone Change No. 2006-07 Annexation No. 76. Agenda Item No.L Page 31 of 50 Page 32 - City Council Meeting Minutes - October 10, 2006 MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1195. ORDINANCE NO. 1195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE. ANNEXATION ZONE CHANGE NO. 2006-05 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO THE COMPLETION OF ANNEXATION NO. 76, BRINGING 62.42 ACRES OF LAND INTO THE CITY OF LAKE ELSINORE BOUNDARIES, LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, CONTIGUOUS TO THE NORTHEASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1196 - Approving Zone Change No. 2006-07 Annexation No. 76. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1196. ORDINANCE NO. 1196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2006-07 CHANGING THE OFFICIAL ZONING MAP OF THE Agenda Item No. 1 C'- Page 32 of 50 Page 33 - City Council Meeting Minutes - October 10, 2006 CITY OF LAKE ELSINORE, LOCATED SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, AND KNOWN AS ASSESSOR'S PARCEL NO. 349-240-006. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading - Ordinance No. 1197 - Approving Ramsgate Specific Plan No.89-1 Fifth Revision. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1197. ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGA TE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF HIGHWAY 74, AND WEST OF GREENWALD AVENUE. Agenda Item NO.~ Page330f50 Page 34 - City Council Meeting Minutes - October 10,2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE 34. Second Reading - Ordinance No. 1198 - Approving Pre-Zoning No. 2006- 04 Annexation No. 77. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1198. ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ZONING NO. 2006-04 SUBJECT TO THE COMPLETION OF ANNEXATION NO. 77. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE Agenda Item No.L Page 34 of so Page 35 - City Council Meeting Minutes - October 10,2006 35. Second Reading - Ordinance No. 1199 - Approving Pre-Annexation Zone Change No. 2006-03 Annexation No. 78. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1199. ORDINANCE NO. 1199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-03, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE SUBJECT TO THE COMPLETION OF ANNEXATION NO. 78, BRINGING 21.13 ACRES OF VACANT PROPERTY INTO THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 36. Second Reading - Ordinance No. 1201 - Amending and restating Section 2.08.020 of the L.E.M.C. - City Council compensation. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1201. ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 2.08.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING INCREASING SALARIES OF CITY COUNCIL MEMBERS. Agenda Item NO.~ Page 35 of 50 Page 36 - City Council Meeting Minutes - October 10, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE BUCKLEY, HICKMAN NONE NONE 37. Second Reading - Ordinance No. 1202 - Repealing Chapter 2.09 Code of Ethics of the Lake Elsinore Municipal Code. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1202. ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 2.09 CODE OF ETHICS OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE Councilmember Hickman inquired if the item was in reference to not being able to hold a position in the year where a Councilmember is running for office. City Attorney Leibold noted that the item was not related to Councilmember Agenda Item No.k Page 36 of 50 Page 37 - City Council Meeting Minutes - October 10, 2006 Hickman's inquiry. She noted that the item was in relation to deleting a redundant and conflicting provision from the L.E.M.C. 38. Commercial Design Review No. 2006-05 for the clubhouse located at the "Links ofSumerly". Community Development Director Preisendanz commented on the item. He noted that the item was a request for the approval for the design and construction of a 5,186 square foot golf course clubhouse. He noted that the Planning Commission recommended approval of the item. Michael O'Neal, Planning Commission, noted that the Planning Commission unanimously concurred with staff's recommendation. City Treasurer Weber noted that it was his belief that the golf course was supposed to be completed before anyone moves into the surrounding homes. Mayor Magee noted that the current Condition of Approval stated that the golf course and all its' amenities were to be operational prior to the release of the first Certificate of Occupancy for the first home. City Treasurer Weber noted that the City should not hold the developer up in regard to selling homes. He further suggested a penalty of 1 % of the gross sales for the City until the golf course was completed. Councilmember Buckley commented that the developer was legally barred from occupying the homes until the golf course was open. City Attorney Leibold noted that the developer could sell the home, but could not close escrow and occupy the home until the golf course was complete. Councilmember Buckley commented that there were not enough parking spaces provided for the golf course. He noted that providing 4 spaces per hole was not enough. Community Development Director Preisendanz noted that 4 spaces per hole met the L.E.M.C. requirements. Councilmember Hickman thanked John Laing Homes and Michael Filler. Agenda Hem No.lL Page 37 of 50 Page 38 - City Council Meeting Minutes - October 10, 2006 He noted that the golf course was headed in the right direction. He inquired when the golf course would be completed. Michael Filler, Laing Homes, noted that construction for the golf course and club house would start sometime within the month of October. He noted that completion would be scheduled for October 2007. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-175 MAKING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-176 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-05. Mayor Magee thanked Laing Homes for their project. He noted that he looked forward to the project opening. GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnifY, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project, which action is bought within the time period providedfor in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notifY the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notifY the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnifY, or hold harmless the City. PLANNING DIVISION 2. Applicant shall comply with all mitigation measures associated with the Supplemental Environmental Impact Report for the East Lake Specific Plan Amendment No.6 as applicable. 3. Approval for Commercial Design Review No. 2006-05 will lapse and be Agenda Item NO.\ C~ Page 38 of 50 Page 39 - City Council Meeting Minutes - October 10, 2006 date of approval. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Director of Community Development or designee. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property, public streets, or Interstate 15 Any material covering the roof equipment shall match the primary wall color. 8. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fIXture. All light fIXtures shall match the architectural style of the building. 9. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 1 O.Applicant shall meet ADA (Americans with Disabilities Act) requirements. ! !. The applicant sheiU ce1'lstruet .;; 6 feet )I'fflught iron fence with pikfsters (i/10l'tg the n8rtlr,~'est cmd S8Nthweste/'i1 !Jeundarics. Deleted per Planning Commission Hearing of October 3, 2006 Agenda Item No.k Page 39 of 50 Page 40 - City Council Meeting Minutes - October 10,2006 11. The applicant shall construct a six foot (6') decorative split face block wall with pilasters along the northern and southern boundaries. Added per Planning Commission Hearing of October 3, 2006 12. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A minimum of a 5' landscaped planter is required on each side of the trash enclosure. 13.No exterior roof ladders shall be permitted. 14.Applicant shall use roofing materials with Class "A" fire rating. 15.All exterior downspouts shall be painted to match with building exterior color. 16. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan cmd processed through the Planning Division. 17. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 18. On-site surface drainage shall not cross sidewalks. 19. Parking stalls shall be double-striped with four-inch (4 '') lines two feet (2 ') apart. 20.All exposed slopes in excess of three feet (3 ') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. Prior To Building/Grading Permits 21. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. Agenda Item No. \ ('~ Page 40 of 50 Page 41 - City Council Meeting Minutes - October 10, 2006 22.All signs require review and approval by the Planning and Building and Safety Divisions prior to installation. All Sign Programs require review and approval by the Planning Commission prior to obtaining sign permits. 23. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selectedfrom the City's Street Tree List, a maximum offorty feet (40) apart and at least twenty-four-inch (24'') box in size. c) All planting areas shall be separated from paved areas with a six-inch (6'') high and six-inch (6'') wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36''). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading infifteen (15) years. j) A'!)' transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscapingplan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% fir material and labor fir two years from installation sign-off f:y the Czjy. The release of the landscape bond shall be requested Agenda Item No.k Page 41 of 50 Page 42 - City Council Meeting Minutes - October 10, 2006 I!J the applicant at the end of the required two years with approval/ acceptance I!J the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requestedfor any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 24. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits andfinal approval. 25. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 26.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 27.Prior to issuance of building permits, applicant shall pay park-in-lieufee in effect at time of building permit issuance. 28. The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee of$5, 620. 00 per acre prior to obtaining building permits. The fee shall be calculated on the Club House parcel only (APN 371-030-038). 29. The Applicant shall place a weatherproof 3 'x3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. Agenda Item No.k Page 42 of so Page 43 - City Council Meeting Minutes - October 10, 2006 3D. The afJp!ieant shall 88mply with t,lie City. 's Heiso OFdil'l<mee. Canstrlwtiel'l aoti';it)' s.'1all bo finlired te t./qe .181>11'S ef?:'}?) AU te 5:D() Pl,/, Menda)' thr8ugh F'riaay, <md 1'18 eel'lstrl>l8tiel'l aet-iyity s,lqall eoeur ell EatuFdays, S1>I1'Id6l)'S 81' kgi'll heJida)'s. Deleted per Planning Commission Hearing of October 3, 2006 30. Site preparation activity and construction shall not commence before 7:00 am and shall cease at 7:00 pm, Monday through Saturday. Added per Planning Commission Hearing of October 3, 2006 ENGINEERING DIVISION General Requirements: 31.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50.cubic yards or the existingflow 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. 32. Prior to commencement of grading operations, the applicant shall provide 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. 33.All grading shall be done under the supervision of a geotechnical engineer. The engineer shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 34.An Encroachment Permit shall be obtained prior to any work on City right-ofway. 35. A rrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. Agenda Item No.k Page 43 of 50 Page 44 - City Council Meeting Minutes - October 10,2006 36. 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. 37. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 38. Provide fire protection facilities as required in writing by Riverside County Fire. 39. Applicant shall pay all applicable developmentfees, including but not all inclusive: TUMF, MSHCP, TIF, and area drainage fees. 40. Ten (10) year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-ofway. When either of these criteria is exceeded, drainage facilities shall be provided. 41.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 42.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 43.Slopes and landscaping within public right-of way shall be maintained by property owner's association. 44.All open space and slopes except for public parks and schools andflood control districtfacilities, outside the public right-ofway shall be owned and maintained by property owner's association. 45.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 46. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drdinage acceptance, or conveyed Agenda Item No.k Page 44 of SO Page 45 - City Council Meeting Minutes - October 10, 2006 to a drainage easement. 47.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 48. Development within the Floodplain shall meet City and FEMAfloodplain requirements. 49. Roof drains shall not be allowed to outlet directly through coring in the street curb. Rooft should drain to a landscaped area. 50.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 of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 51. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of 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) 52. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 53. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state andfederallaw, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes 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 Agenda Item No.L Page 45 of 50 Page 46 - City Council Meeting Minutes - October 10, 2006 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 54. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage 55. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 56. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 59. The applicant shall obtain all necessar;; off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 60.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. 61.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Boardfor the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a sWPPP for post construction, which describes Agenda Item No.JL Page 46 of 50 Page 47 - City Council Meeting Minutes - October 10, 2006 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. 62. Applicant shall provide proof that the project meets FEMAfloodplain requirements and balance of grading (fill/removal) in the floodplain per RCFC District requirements. Prior to Issuance of Building Permit 63. All Public Works requirements shall be complied with as a condition of development specific for this project and as required in the Specific Plan. 64. 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 svecifY the technical data for the water service at the location. such as water vressure and volume etc. Submit this letter prior to applyingfor a building permit. 65. The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 66. Submit proof that the project meets the minimum floodplain elevation (1267') requirements. 67. Pay all Capital Improvement TIF, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Checkfees (LEMC 16.34). Prior to Occupancy 68.Pay allfees 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). Allfees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 69.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" xII" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. Agenda Item No. \ C~ Page 47 of 50 Page 48 - City Council Meeting Minutes - October 10, 2006 70. All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 71.All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, Parking and Stop signs, and signing and striping onsite. A signoff from the City Traffic Engineer is required. 72. Water and sewer improvements shall be completed in accordance with Water District requirements. 73. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 74,Elevation Certificates shall be provided. 75. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:55 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:03 P.M. Mayor Magee noted that as a point of order for Item Nos. 21 and 22 of the Public Hearing Calendar he had no written requests to speak but he failed to ask the audience if there was anyone that wished to speak on either one of those items. Mayor Magee inquired if there was anyone in the audience that wished to speak on either of those items. There was no one in the audience wishing to speak on either item. PUBLIC COMMENT None. CITY MANAGER COMMENTS City Manager Brady commented on the following: Agenda Item NO.) (.:~~ Page 48 of so Page 49 - City Council Meeting Minutes - October 10,2006 I) Announced the following upcoming events: October 14th - Rotary Art & Wine Festival October 18th - Boy Scout Fundraiser CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: I) Noted that the City Council did not meet in Closed Session. She noted that there was an item identified on the agenda. She noted that as announced at 5 p.m., the matter had resolved itself and there was no need for the City Council to meet. 2) Commented on Councilmember Hiclanan's earlier issue of Council Policies and the ability of Council Candidates to serve as Mayor during candidacy. She noted that the issue was first proposed by the Electoral Reform Committee by way of Policy 200-4. She noted that at a Special City Council meeting on November 3, 2004 the City Council approved the Committee's recommendation and the policy did go into effect. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: I) Commented on the Railroad Canyon/I-I 5 interchange. He noted that a lot of traffic was coming from Quail Valley and beyond. He noted that there was a lot of county traffic at that intersection. He noted that the county needed to assist the City with the project. He commented that the City was paying for their development. Agenda Item No.k Page 49 of 50 Page 50 - City Council Meeting Minutes - October 10,2006 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Congratulated Community Service Officer Beth DeCou for a job well done. She noted that Community Service Officer DeCou was very active in the community. Mayor Pro Tern Schiffner commented on the following: 1) Thanked everyone for attending the meeting. Councilmember Hickman commented on the following: 1) Noted that he missed the last Council meeting because his son had just come back from Iraq. He thanked all the troops. The Regular City Council Meeting was adjourned at 8:09 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERICK RAY, CITY CLERK CITY OF LAKE ELSINORE Agenda Hem No. ) C_',~, Page 50 of SO OCTOBER 16. 2006 CITY Of LAKE ELSINORE FUND# 100 GENERAL FUND ,_.__" ... "'''u_ ___ 0"'''' "" .. H 104 TRAFFIC OFFENDER FUND 105 .IVIIS~I:LLi\NE60S<3_E~gRAL PROJECTFI..JND 110 STATE GAS TAX FUND ._n. ....-....--..-."'. ...--- 112 T.RANSI"9'3TATIO~LMEi\SURE A FlJ,,!D 115 TRAFFIC SAFETY FUND 130 . . ... ._ LL~J:iI.~(3iLANDS~~AP(r0AINfEf;jAN,gI:~I..JND- ___om. 135 L.L.M.D. NO.1 FUND . ........--.---...--- 204 SIGNAL CJ.P. FUND .m.. __ '" .__.__..._... ". ...,_____._. ,. 205 TRAFFIC IMPACT FEE FUND 221 PARK C.I~P:-FUND .... _. .._... ,,_"_ __ .___.m__m _._._..___.___.... 231 LIBRARY C.I.P. FUND 254 89.1"jiA-iLRoA1fcANVON-IMPFkjVEM-ENT"FUND .-.- .m__.. .... -. .'- -- - '-'-'--~-'-'--"'" - - ._"-_.,~_.._. --- . .......----. --.---..-.. 352 A.D. 86-1 DEBT SERVICE FUND "....__...___..._,." ______m_.n 357 C.F.D. 2003-02 DEBT SERVICE FUND ...n.. __.n.__.__ __._,_.__ n.'n_.'___"___ ........__.___..... 358 C.F.D. 91-2 DEBT SERVICE FUND .......... _." ......__...___u._......... ___ ........ 362 C.F.D. 95:1J!~~~_I:)DEBI.SEI3~~E FUND ... 363 .... C.F.D, 88-3 (III 1997-A) DEBT SERVICE FUND 366 - -. . -. C:F.D:2005-6 CrTyc'ENTER DEBn-ERVICE FUND , ...... .... -.O'-- __._........... ....__ _____.... . .._.........___ __ ._ .__._ 367 C.F.D. 2006-1 SUMMERLY/LAING DEBT SERVICE FUND 36S""ci.b.2006-2 Vrs-CAYA DEBTsE"'RVICE FUND 369U:O: 2004=3 ROSE"Tf A CANYON DEBT SERVicE FUND 371 C.F.D. 200s:niERENITYIKB DEBT SERVICE FLJNCf .,. - -....._._.~_.--..._...----... ... -...--..-..--.... 372 C,F.D. 2005-2 ALBERHILL RANCH DEBT SERVICE FUND 373 C.F.0-:2005-5WASSONCAN""YON DEBT SERVlC'E"-i=UND 374C.FD. 20054 LAKE-VIEW VILLAS DEBT SERVICE FliND ---.--- .....-.-.. .-.-.......-..... "...-._- ..--.----..-,.O'O' 376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND 604 ENDOWMENTTRUSTFLJND- 606 .,.., ..... MOBILE SERVICE A1RPOLLUTlor.J"FuND 608 .. TRl]sfbEPOSITAND PRE-PAIDEX"PENSE'FLJND 610 KANGAR66RATTRUSTFLJNO" 620 . '... . COST RECOVERY SYSTEM F"LiND---" 650' . c.F.6:2003-1 LAW &-i=IRESERVICE FUN-15 - --""." --O' .__..._...___._______O' FUND DESCRJPTION WARRANT SUMMARY TOTAL $ 86.~.,~.o1.36 __ _ 1 ,39~.~?_. 53.Q.10.04 360.61 5.32 .-..----.-.. 2.0111,!l8 9.1..,201,..56 5,00.0..o()_ 687.10 ....-. . -..-.O' 7,384..6Q 22.!~645 . ___ 3,45,3..0_8 772.57 13.8()_9.99 ...._._.~.,Q95.00, 900.00. 900.00 .1.,~~().OO . , .,3.06~,-0Q. __2,,1,10.00 900.00 ..._--~---... _1,350,OQ . . ..2,07?,,00 .. _._._ 1,350.0Q. 900.00 .....--...-..... 400.00 400.00 500.00 2,!.4L50 500.00 _p80.00 50,695.,,9 906.35 GRAND TOTAL 11/112006 Warrant 101606 10f1 $ 1.148,799.32 AGENDA ITEM NO. 2.. PAGE / OF 5 ocrOBER ]6, 2006 CITY OF LAKE ELSINORE WARRANT LIST Cl-IECK# VENDOR NAME .1lZ:42.~.. . IJ()ID (MARRIOTT_~A~f;1ATEO,SI\Nf=~IIl<:;I~c:O) .ll?,,~!. .. VOID (LAKE BUICK PONTIAC GMC, INC.) . 87598 ..:VQtPJLAKEC;I-iEY~OL~:;I . ... . 8.76.:4." ....... 1J()1[)(c:OUNTYOFF~!IJ!'.'3~I[)E, BOB[)OYLE~SHERIFFT 1176,!?, VOI.o.lI\..NTHONYR.OM,,'391 "., 87489 UNION BANK OF CALIFORNIA 87490'''' .... STONERIDGE DEVELOP"'-ENT ... ,.. 87491 cACIFoRNIAp.eCR.s: -.'-. 87694 .... .. SLOOMFIEI.DGROUP:'INC. 87695 ANTHONY-RbMERO.- ----~ ,.p-"--,.,,,,,,- '8"76-96- -- - 'WESTERN RIVERSIDE COiJ"NCIL OF"G6VERN~;"ENTS 87697 -CAUFO-RNiA'pj~jfs~--"--" .-._.. _..__m__.." 87698 - 'IC-:rV1~A"~- RETfRE"rvfENT TRL;ST . . ""."".. ---- 87699 ALtUM c'F~EDif UNION .. 87700. , u'.wAL:MARTcOMMUNITY . 87701 JONES &.sfokES .. 8770:f"-"--' ""cALIFORNli\,p.E.RS.'" 87703 CALIFORNIA P.E.R~S. . .....--.-----..... 87704 TED STAMEN 87705 LAKE'ELSINORE'HOTEI.& cASINO" , . .. ...__~_ .__.. - _____. - _0"0' 87707 VOID 877()8 .. ACCOUNTE'MPS' . . ..-...----- ~--,,- ......---.----. ---....-.... 87709 ACTIVE MOTORSPORTS '877"1"0-....n. ..-. ADvANcEiYKAWASAKi-- P------ -87i11' --- --AE.P-'/ll6RKSHO'P-S-.-_.-'.- -,.- 8i71-2--.'.."--'- "-.ACB"t~RtWEffB & AssociATES 87713 ALL PHASE' REFRIGERATION & AIRCO'i:'iDifjONING:INC. 87714 AMERic/i.-N fiAT"ERiAl..CO. --."---- --.-------" . w.__..._ .-..,... . - -- - -- - .----.. 87715 AM'ERlCAN RIVER COLLEGE' .... . 87716 -.ERICA -AN6ERSEN .. ._,....,~-_.- 87717 ...ANDY;SGLASS & WINDOW COMPANY ai71-S'... -----Aj\Ji"MAL-FRiENO-S-.6F-THE VALLEY ..- 87719 APPLE ONE'EMPLOYM-ENfSERVICES 87720 ARTISAN'GOLDSMlfHS & AWARDS... 87721 AssuRA'r:iT'EMPLoVEEBENEFifs" . 87722 BANk OF :iiMERICA, CITY ~NAGER'S OFFICE 87723 -SANKOFAMERlcA, cTfY COUNClc.m . aff24- - ..... BANK O-F'.A"MEFhc"A;.i=iRE STATioN .#85 87725 - --.-BAN..(Oi=' AMEfRTcA, FIRE' STATIoN #1 b --. - ---., -S77'2ff--- -SANk of:" AM-E-RICA~LAKE-&AQUA.t'i'c-RES6DRCE~~n:)"EPARTMENT .__u_ ___.u.. 87727 .. .'BAt~IK OFA-K,fERICA, ADMiN"i"STRAi'lvEsERvicEs& HOMAN RE.S'OURCES-OEPT. ---... ~m~.. .~~~~~~~-0~%~J~~~~I~6:"SEBYiCES.D~fABTMENt ....~......~~=.~._.... . ....-.... 87730:87731 'SERRYMAr:i&.HEN1GAR,INC~"'-".- .,..... ...--".- 87732---'-'-SIO.TOX LABoRAt5Rii~s.'-.' ---. --.......--, .., 87733 . -. ,. BLOOMF'-ELDGROUP,lNC.--'..'---- , U u.",,,, -8'f734-..-.- '.-cLvDE-sFuiNNE.R.----- - - ... . .. .-----.. . a7735:B7736. CAIIFORNIABUll.DINGOFFTCIALs "{fiis7 ..CALOl.VMPIC- GLOVE &SAFETY CO.' ...----~~- .. 87738 JOHN CARLSON __,__u.. U ..----, . 87739 cM WASH EQUIPME'Nf ...--' .,'u . 87740 .cbA~Uo c6~:S.Iyvii3ELESS,Ii-JC';'==-- . 87741 . DENNIS COGGINS ..-.....-.,-....---.,.'--..... AMOUNT $ (51.00) .... .mj11,708:~~) .,.u (135.68) (14.429.52) .~,,(3,542.50) ,..43,73368 5,538.00 39,832.62 '-:6,552.13 . 200.00 .....13,300.00 -'46.456,7,4 ..4,12450 1,075.00 358.03 .... ...,-- 38,680,~~ . 3'~~!l,Z!. ._.. 75,3~.28 250.00 ...~._---.'. 425.00 0.00 980.00 . -..-- -.-.'O. . ___...__.._... u,_u. ... .1iJ05.05 1,.3934~.. 160.00 . on _. .._. ___ . 19,30~~() .1.,~~.:.!~ 48.59 .._-.'-~--.--- 78.00 ....'.-------". 536.25 519.92 ..----- .... 7,500.00 1,345:!l~ 132.12 .9,91!l:80 14045 ...n. _.__... 659.70 ___"__. ______m__ 179.09 .... "i;3()6.87. 512.72 343.07 221.20 ....------ 56.44 ..-,-.----. 80,867.61 . '-647.55 .n..._~ u..Jl,17:2.5iJ .__..:4,}'38.0iJ.. 5,008.00 ....-, 9()5.30 ...-- -.-..,-,. 121.87 - ...---.. 113.08 96.82 __. .1,:288:11.0 111112006 Warranl101606 10F4 r') AGENDA ITEM NO. ....-. PAGE "- OF <;. OCTOBER 16. 2006 CITY OF LAKE ELSINORE WARRANT LlST CHECK# VENDOR NAME 87742 COOK EQUIPMENT OF ORANGE. INC, 87743 KIRT A~COURY~~- uu - ... , " 87744 - CRAFCO~I"fc.-'n'__..- --.-.- -- -....-- 87745 CUTIINGEDCiESTAFFING,iNC, 87746 D&S ELECTRIC '" """'" """,... ." 87747 l3iLCDEcAsAS 87748 AAMIRCfoEL(fAt56 n._______ 87749 bOn'CENTER~ 8775ocAROLE~K,5oNAHoE, A, 1,i:;P_ 87751 ,_[:l()~[~~Of1:r;,r!RCIA~jU~~iN~~,INC- 87752 DRESCO REPRODUCTION, INC. 87753-87754 E:V:-M.~W:-6~ ", __..m -~.' ,~.- 87755ELiTEELEVATOR,TNC:- - 87756 u'ECsiNORE'ELECfRiCACSUPPLY,INC, 87757-87758--ELSINORE PiONEER LUMBER CO:' 81j59~-'-ECSfNORE-VALLEY RENTALS'- _....__u. _...,. 87760 ENFORCEMENT TECHNOLOGY, INC, 87761 EXCEL LANI5SCAPE,INC.- , " -8~ii~t- - EXEcufivEEVENT SERVICES.' L:L,C:::: =~ ..,_ .~??~~u," FAS:rSIGNS.LTD.. 87764 TERI FAZZIO 81165-S1766 ' FEDERAL EXPRESS CORPORATION 87767 FOUR-POINTS SHERATONu.---- 87768GEARHART;~fGARAGE;iNC~'u ~ ~ 87769 '" , .---tJiTAGERMAN-.--.------- -~-.,' S777Cfm- --GREENSCAPE LANDSCAPE,~iNC, 87771 -ARLINE GULBRANSEN--- , sli72:si77'jHARRIS&Ass6CIATES~' iNC, -87774' .....-... "HARRIS &'"ASSOCIATE'S," INC. ---- .~.-.. .~--- 87775 HARTZOG & CRABILL, INC, 87776 'HARVARDsusiNESS REVIEW 817i? . ... 'HDRENGINEE-RING,INC: - , 8717S - -HYATT REGENCY NEWF'ORTBEACH 87f79'- '--HY ATI REGENCY NEWPORf"BEACH" - ___u_ .'----. 87780 I, I. M, C, 87781 INFO USA MARKETIN-G,INC, 87782 INLAND EMPIR'e 'LocK & 'KEY - -..-.-...-. - ... 877s3,u--iNLAliiD URGENT CARE . 8Y-784m- -uJEFF-HAUSERMOl3rLEWELDING 87785 - JOHN'DEERE LANDSCAPES - . 8i786 ...-- n 'KRISTEN iOHNSON - -:=.... . 87787~K6BATA & Assoc,. INC, 87788 ......... THEL.I,(j, OF'fJ:A:--~-~ 87789 LABSAFEtvSUPPLy,iNC,_='~~=_ . 87790 . LAKE i3UiCKPONTIAC GMC,INC, _. ... ~ij7791-.umLAKECHEVR6LET .. ... - 8779i __H. LAKE ELSINORE tiRE&-AUTO: INt: 87793---' . LAKE SHORE HorvrES-&DEVELOP"M.E'NT, fNt. . ....._........u. 81794'-' U\MBERTFLOORiNG~:--~~~' .~~:--.'~' ~ 877-95 LEHMAN BROTHERS. INC. 87foo ... -.-----LEIBOCb, MCCLENDON & MANN. - - ----------- --- ... 87191--~_oBRARy SYSTEMS & SERVICES: LLc:----.---.. 87798 '=-==gM& NAS:Cl~~E~fl:U:rii~[N~ERING ::.===-.~:'. AMOUNT 3,087,92 u),283,10 .. 1,926,08 ?,559,15 . ~,()62,00 n _-1,092,25 132,51 306,54 .4,.350,00 ..n _un ~,.093,05 59.48 n__n_._....._._.. n~.,.509,33 312,00 158,10 _~___u_ 3,564,25 406.82 36,96 905,00 .........-.--.- 5,2X~:QO_ 611.40 -'--"-'-- -.._- 76,86 ....n..__..._.__.."" 437,71 742,56 630,00 .."--. .-..- _.~..._... 264,75 981,00 455,95 .-..------- 72.~()Q,QO 6,555,00 ....~....2.,747,50 129,00 9,996:18_ . 121,18 16,00 ..............-...... 191,00 --_.._._- -- . .u..2_~?9.00 524,88 223,00 480,00 55,14 SOO,OO ..-...----.-.-. 15,!!.~-'-()0 2.709,30 394,63 -----..... .. ..nm_.n~.__6-,-~9.,3.1 977.86 ----.--.. ------ --.-.-. 677,70 . --.-.---- - --.-..... - --- . .....m_____15,885()<l. 400,00 . .::=::-:=~ :---. 4,1l3S.'j8, m u.....u _'m~___m___. ..112.&~6,00_ 3,453,08 436,60- 11/1/2006 Warrant 101606 2 OF 4 AGENDA ITEM NO, 2- PAGE ,~ OF C; OCTOBER 16, 2006 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# VENDOR NAME 877~~~ L1NKUNE COMMUNICATIONS, INC. 87800 LOOS & CO., INC. . 87801"C66S & CO., INC. 87802 "LOWE'S HOME CENTERS, INC. 87803 CHARLES MACKEY JR. 87804 SANDRA MASSA.LAVlli' 87"t\"05""--- "'GEORGE -MEA"R'S 87866'""" MERCHANTS BUILDiNG "MAIN"TENANCE 87807 LINDA M. MILLER 87808 MK ENTERPRISES 8!80~~ MORROW PLUMBING, INC. 87810 MORROW PLUMBING, INC. 87811NSS GOVERNMENT FINANCE GROUP 87812 NORTHCOLJNTv TIMES 87813 _.__HQ~tEtEF{N.S.A~ETXCO., INC. 87814 OCB REPROGRAPHICS 87815'- - 'OFFICERMICHAE[ CALCAHAN 87816 .. 'OFFICEfn:;XicHAELYATES 87817 "--OFFICER TERRY JONES "0' ..... .__.__ _._ _~_______.._.___ _ ____........_.. _ 87818 OMNIS, INC. 87819 . ... JAMES PAVAO' m________._._ . "_'_.________.'._.__."'_._'..... ..._ ...'....... __..__ 87820.87821 PETTY CASH 87822'-" MAFfK"pfAS'C"n< .... -. --- ____u 87823- . PRE~PAlb LEGAL SERVR::ES:INC. . . 87824'- "'-'PREMiLJM PALOMARMT.SPRING WATER 878"25' . --- -- -THEHpRE'SSnENTERPRISE . _m_______._.._..__.._......._,....._ 87826 HARRY PRICE 87827- PROJECT DESIGNCONSU[fAN1'S 87828 'PRUDENTIALoVERAL[S"UPP[Y- 87829. QUAiDTE~ECS:o-LAii"R1FtlAVIDSON 87830 .~- QUILL CORPORATION 87831 R.H.F., INC. 87832 REBEL RENTS, INC. '87833~ - ~ RIG'HTw A YSifE"sERvICES; iNC:-'" ----.-. 87834 "RiVERSIDECOUNTYHASifAicONSERVA-nON AGENCY 87835h RiliE'RSlDECOUNTY SHERiFF-h.- .. . . ... ...... ...... ... 87838' COUNWOF RiVERSiDE,"i"AANSpc5RTATION AND LAND MANAGEMENT 8783!=-_ ... _.COUN1'Y'oFRNERsIDE,S(is'DOYLE, SHERIFF. ... ..~.. .......... 87838 ROLYAN BUOYS 87839 JESUS ROQUE 87840-'FiotARyc[uSOFLAKEELSU-jORE "87841 -- --SAFrn:KLEE-~.rSERViCE!{"Ir;,fC:---- .. no.,.. --- 87842" SCOTT FAZEKAS & ASSOC1ATES:'-iNC~--~'-- --.... ......-..- ----- 87843" DAVIDS. SOLOMON ---~._.----- 87844.S7S45Sc5UTHERNCALlFORNlIi--EDISONCO. 87846-' ... SOLJTHERNCADi=ORNIAGASCO. ... . 87847"'-"STANDARD INSURANc:~c:(j:MPANY ..... ... ... . ......__m...... 87848 .n_ --sTA~:fDAR[fiNs(jRANCE COMPANY -..--- --..--..---------.. 87849 ...~ -SfAPLESSLJsiNESS AbVANTAGE..--.- . -- .m. ._n.___._.. 87850 .::':']:iiif'.I,.Is:C'3E[)ii" PLAN ... ....m..m:::.::::.--:_:..:-...~.:::: ::'.:=::.--:'.' a7851' ..._. STATE <<..o.~E;I\!f:lI\!'()I>JII',j~l!~I\!c::~,=UND__..___________._._ ..__._ 87852 STAUFFER'S LAWN EQUIPMENT ~7!l.!i.3:. . . :::::]:rEVE'~.!9.\YLNC;;:~C.:" m.. ..m::.::..::::::::--:: --:.:::.::. AMOUNT 46.31 167.68 2,161.14 726.28 4,387.50 3,240.00 526.00 4,944.21 5,232.50 337.50 280.51 . 300.09 13,809.99 19.65 79.77 1,178.95 225.00 225.00 225.00 ___m . n. 9,960,~0 437.00 398.01 .1,859,50 129.50 369.05 . .1,265.25 ..~,7?1.00 ._. _~,59~1l!. 133.08 70.92 330.19 120.00 ~,1~9J.5 . 48.66 .... ..-. ....2l80.00 13,933,62 47,191.91 11 ,401.50 1,610.87 240.00 50.00 . '.'. ....._._n....__...._ 204.94 ....-------. -. -- . ... .8cO.60..63 .. ~,O.~1..25 . _..35,10?38 420.10 ""__..'.'_.._m__... 236.85- 2,l!!l.1,8.1... 318.89 771:02" ------.-...._----- 16,123.49 -61456 .,.- -. ----------. ----- -- - -- ----._---..~- 185.00 11/1/2006 Warrant 101606 30F4 AGENDA ITEM NO. 2_ PAGE 11 OF <: OCTOBER 16, 2006 CITY OF LAKE ELSINORE CHECK# 87854 BOB STOVER, INC. 87855 TEAMAUTOAID, INC. 87856 TEMECULACOPIERS 87857TEfiECUUi. VALLEY PIPE 8. SUPPLY a _ _n. ...~_.___H 87858 .TOf>'p.E.B.IN[).USTBIES,JNC. 87859 UNITED PARCEL SERVICE - -..-..... -----... ----~_.__.., .. 87860 URBAN CROSSROADS, INC. 87861' vALLEY PRINTING SERVICE . ........-......-..........,.. 87862 VENUS PRINTING . ......m..............___...__..._ 87863-87866 VERIZON CALIFORNIA, INC. 87867 'VERizON'ONONE' . -.._..0.............-.-................ 87868 VILlJIGE. E:.GlYIPMENT RENTALS, INC. 87869 VISION SERVICE PLAN ..________....__. "._ u 87870 WAXIE SANITARY SUPPLY .~T~.71 . WESTC()AST ARBORISTS, IN.c. 87872 WEST GROUP 87873 -"WESTERN I3ANKOF Cf'HNOOK _alS?!!... ...j",.E~tEFl.HFAFl.M SEBVICE.~I~C 87875 WILLDAN a7876- '-'WENDVWORTHEY'- ...... _........"_ .._ _n_.....___._._._____............._.. '. _ _..... 87877 ZONES CORPORATE SOLUTIONS "_U ... _. __.n.. _ __.__n_____ _ _. __... 87878 HECTOR ZUBIETA -.----.---- -.._-.'-- .......- 87879 2006 WEST HUG ANNUAL EDUCATION CONFERENCE ....----..----.....-..-..,..--...-...-.--'" .... ... -...'''.. .... 878802.4 HQUFlI'IBEFR.OTECTION, INC. _._ _ _.._ _ .. VENDOR J\AME TOTAL PIE DATE: 09/:29/06- 09/29/06 09/29/06 . - - -.... .-..- ,,_... -.. PAYROLL TAXES ......__ __ _ n ____._ PAYROLL CASH PA'i'ROLLCASH WARRANT LIST ^MOUNT . 5,175.00 338.47 n 3,548.85 94.53 408.21 152.99 720.00 703.61 178.81 3,383.86 159.95 436.00 1,378.90 240.57 27,772.90. 47.41 2,607:4~. 660.32 8,1.600() 6,975:00 940.17 462.50 50.00 959.66 $ 974,989.54 50,048.50 123.452.22 309.06 GRAND TOTAL 11/1/2006 Warrant 101606 40F4 $1,148,799.32 r,. AGENDA ITEM NO. ...... PAGE ..f.; OF S OCTOBER 31. 2006 CITY Of LAKE ELSINORE FUND# 100 GENERAL FUND 105 MISCELLANE'OUSGENERAL PROJECT FUND 110-- STATE GAS TAXFUND'~- 112 TRANSPORTATIONfMEASURE'A FUND..---. 130 --- Cj'GHTIN'GILANDscjfpEMAINTENANcE' FUND ---- -.-.-_. --.---- 135LLM.DNO.'f FUND __om - .- 201 - --.-STREET C.I.P. FUND-' 204--- --.- SIGNAL'-cI-p.-f:UND 205 .- .-. TRAFFIC IMPACT FEE FUND 22i~'- PARK'C.Tp~F-UND .. ---- 254 --. 89-':-,'RAII..ROAD CANYON IMPROVEMENTFUND--.... ----" ---...- -.. ---- -.,. .--.- ....---.. ~.._--- 357 C.F.D. 2003-02 DEBT SERVICE FUND ._n._....._ ____________ 358 C.F.D. 91-2 DEBT SERVICE FUND 362-' C.F.D. 95:fTlIl96:'Ej DEBT SERVICE FUND-- .. 36.3.._._ ... _':--c;To. 88:3(11I_~!IT:.6rbEBTSERVJ..~~iUNp___. 365 C.F.D.98-1 SUMMERHILL DEBT SERVICE FUND 366 'C.F.D. '2005=!iCITY CE-NTER DEBTSERVICE FUND 367 ---.-- -'--'C.F.D. 2006-1 S'lrMMERLY/LAIN'G"[fEBT SERVICE FUND'" -368------ ... C~F:D~-200-6~-i\ijSCAYA-D-EBT SERVTcE--FOND 369 --c:F.b. 2004-3 ROSETTA-CANYON DEBTS'ERVICE FUND' 371 C.nj.200S-=-'f SERENl'rvj KElDEBT SERVICE FUND' 372 '-C.F.D-:- 2005:2 ALBERHILL RANCFtDEBT SERVicE FUND - 373 - -.- -C.F.D. 200S:5WASSON CANYON DEBT SERViCE FUND 374 C.F~D. 20()5=4LAKE VIEW VILLAS DES'f'SERVICE FUND 376 ----.- c.F:5.io06-3 LA STRADA DEElTSERVICE'FUNO-- 378 C.F.D. 2006=STRACYii31957._m---~. ____m.. 381 'C.F.D~2()06:10RIVERLAKEViLlAS' 608 TRUST DEPOSIT AND PR'E:pAID EXPENSE FlJND-- 620 . COSTRE-COVERY SYSTEMFUNO.-.--- 650 C~j:.D: 2003:il..AW &l'l~ESERVlCEuFUf'J[)__ _ ___ FUND DESCRIPTION WARRANT SUMMAR Y TOTAL $1,52~, 714. 71 71,..1.()EJ~88 9,079.60 .!i,5~2.0l!__ .?!i,464.66 .:l..?fl?:81 356.25 . 1,2:l.?:?}.. 723.14 !,132:!?m ..5,707.75 ..1299_:~_ 450.00 450.00 .---......----- ~2_?~45 1 ,409.!iO 450.00 --'----'-... 675.00 450.00 0"'-'_"--'-. 675.00 .---- .--....,.. 2,640.Q().. 675.00 ---.-.---.,-.,.. 450.00 200.00 --.----. 200.00 ._.__u....__...__ . 9.750,00 ..~.?~.OO_ ..1,2.'lO,66 . 31,256.1} 250.00 GRAND TOTAL 11/2/2006 Warrant 103106 1 of 1 $ 1,716,113.32 AGENDA ITEM NO. ~ PAGE / OF.'" OCTOBER 31. 2006 CITY OF LAKE ELSINORE CHECK# 87706 JONES & STOKES 87817 VOI[)(Cjf:FI~~R TE-RRY]ONES)_:'_ ..._ 87881 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 87882CAl.IFORNIA P.E:R.S:-------- 878831.C.MA RET'IREMENT TRUst' 87884 . ALfuRAC-RECiTT-UNION ---- . 87885 THE-'M"-RKFlSHER COMPANY - . ... 87886 City OFMUR'RiEf,,-" 87887 . ApPLE'ONE EMPLOYMENT SERVicES 87889 UNioNI3ANK- OFCAUFORNi/"-- 87890 RO:N~LD":4.gDON~LD HOLJ.~If-:-HARITiES 88015 VOID 88016-88018 A&. A JANITORIAL S-ERVK:E'----. 88()19 A A EouiPMENTRE-NTAL c6:;INc'- 88020 A BETTER PARTY . .~- --- . 88()21 ANEwLiNE----.- --- 88022 Ai3CABAclis-BUSINESS COMMNUNICATR5N 88023' ACCOUNTEMPS - .--.--- _u_ 118024 ACTION PARK ALijANCE,TNC-' 88025- . .'-AcTivE M6t6RsPORTS--- 88026 . ADVANCED INvEst .. 88027'-A'CLlANTTNSURANCE SERVICES, INC. 88028 . . ALLIED TRAFFIC EQUiPMENT . .. 88029 . AMERICANFENCECoMpANY, INC. 88030 AMERR::ANFORENSlcNlJRsEs 88031 AMERiCAN MATERIALCO'-.---.- 88()32 ...... .... . -AMERICAt.,J'pAvROLL ASSOCIATION 88033 -AMERICAN WHOLESALE JEWE'LRY, INC: 88034-APPLE ONE EMPLovMENf"SERVICg-- 88035 .---- ARCTICICE' CO. 88036 ARTISANGOLDSMiTHS & AWARDS 88037B&.C-CRANE SERVicE INC. ... 88038 BEACl-fDESIGN, Ij;;ic. -.-- 88031f BERRYMAN-&HENIGIIR;INC. 88040- ... 610:TO)( LABoRAToRIES-- - -8804'~r- --. --DIAi,iE""sLocK _..m."._..._._.___......_ 88042.... - .-.-CYNTHIABL06o:WILSON ._~-~----.- 88043 BLOOMFIELD GROUP, INC. 88044 BOB'S CANVAS; INC. .. ... 88045 BliND'iTCANYONTURFSUPP[Y . 88()46 . BUY oNliNE NOW .COM~-- - 88047' -- . -- -'eA PARK&' RECREATIONSOOEW- 88048- ------CANON FINANCIAL-SERVICES, iNC-:-- 8!l04S----cmCQRF' VENDORFINANCE,-INC.---- 88050 ---CITY&COUNTYSOILENGINEERTNG; INc. ------ 88051 ..... CLARITAS, INC. ... ..n:_=--_~___ 88052 d;'-WASHEO\.JiPMENT 88()53CNH CAPITAL AMER'f(;A,L.L.c. 88054COIIST TO COASTW-IRECESS, INC. 88()55 . coMpUTER ALE-RTSYSTEMS,INC: 88056--- COMTRONIX OF HEMET----- 88057- . --'COOK EQUIPMENT OF'ORANGECiNC. 88058---KiRt A. .COORY----...-. ~-----_...__._.------_....- _......."".--------_.~---------._- VENDOR NAME 11/212006 Warrant 103106 10F4 WARRANT LlST AMOUNT $ 7,915:"1.1. j22~gD) 120.00 40'flflEl':~X: .4,380,50. 1,(l!5:!l() 2,11! :.()O 45.00 -,----~--- 900.00 41;[63,0( 100.00. ____n_.'.__ 0.00 ____.,._._.______u_ . __5,.~1~J_5 991.14 ...------- - 498.55 1,295.62, .. 136.55 3,626.00 4,166.00 .1.,.1.00.45 4,941..00 715.66 948.47 60.00. .___.,..._........u.. - -------- "._".. - - 26lf3-S-- -----,.---....--.--- 100.40 .....-...---..---- 923.00 500.00 ._________._____. 2,019.16 5,2~D,OQ 35.52 360.00 .,-.....--..... 1,462.50 -4;946:00 .2,12i:OO 274.93 127.50 ...... -_.~--_. ---------..-.... ....-'..7,-733:5:2 ____._____ _:IA54,~? 129.25 - --.-"-.__.'0-___.. ._ __.__ 311.60 ,.....-....._.0.........----- 140.00 1,038.96 1,891:4() 5,434.0.0 95.90 135.77 .. .------=-::.:==-==-=:..~,2Ml~= 56.82 - .--.-.-....---- ..--.---- 504.37 ..._._,-,._-,-,,--_..~- 101.78 - ----- ---".-..---- 1,30.0.01___ .._.___ 6,870.60 . AGENDA ITEM NO. :3 PAGE ,;{ OF S OcrOBER 31, 2006 CITY OF LAKE ELSINORE CI-lECK# VENDOR NAME 88059 C~SHUMANRESOlJFlCE SERVICE~ '88060 MARGIE CUMMINS 88061-8806i'cCiITING EDGESTAF-FiNG,INC. 88063 'D-g:S'E'LECTRIC'- , 88064--0AVEBANG Assocli\TES, INC. ,- 88065 --DAVID ATLAs--.- .......... -8-8066 . DEPARTMENT OF CONSERVATION- 88067 . --DIEHL,EVANS &COMPANY:L.I:P~ 88068 DoTfcENTER . 88069 CAROLE KOONAHOl:, AI.C.P. 88070 DONNA-BURKS" 88071 . OOVERSPIKE&ASSOCIATES, IN-C. ~~j2D<5ify.NS cOMME~glj>.LFUELI@~lNf. 88073 D3 EQUIPMENT 8807~88080 E. V. M.W.O.----- 88081' E~s.BABcocR& sONs;ING 88682"- EILEEN'S-CLEANERS- 88083- . 'ELiTE ELEvATc)'R, INC:--' 88684' -ELsiNORE VALLEY RENTALs' -88085"'- ----EMKAV: INC~" --.-,--.--------_. 88086--- --ENFoRCEMEI\if"TE'CHNOLOGV:i'Nc,- -- _om. ..... 88087 --.- EXCELIANDSCAPE;INc-:----. ..", 88088' FARMER BROTRERSCO~----- 88089 .. -'FEDERAL EXPRESS CORPORATiON 88090- j:-ERGUSON GROUP, L.L.C~' ..-.-- --- 8809'-- FIRST-AMERICAN REAL ESTATESOLDTf ON . 88092 . GEARHART'S GARAGE:TNC..---- ---- "" 88093 -. -GAAINGERINDUSTRIAL SUPPLY 88094-88098- GREENSCAPE LANDSCAPE,iNC. 88099 .' -"'-RLTNE'GULBRANSEN'- - --- sMoo . '. :JE$-SICA GUZMAN 8810'1......... LORENAHANCOCK 88102'" HAROY&-HARPER,INC. 88103:88104 Hj>.RRIS&ASSOCIA TE,S, INC. _ 8~105._.__HAlJ.l,AWAY STORAG_E_CgNTAINERS, INC.., 88106 HDR ENGINEERING,INC. 881'07 HERMINIAVALENZUELA-' . "881'68 '"HI-WAY SAFEfY:--iNC'." ... - ------- 881 09- "" IMPACT PROMOTIONAL PRobuCTS- 88116---- --'INLAND EMPIRE LOCK & KEY -.--.. 8811T~~.::~.:j.tIILANb~MI"JI3E.~ANAG.ER'S ASSQfiEf[QN - . ... _ ____ 88112 INLAND URGENT CARE 88113 .. --UNiTED STATES TREASURY- 88114 JEFF-RAUSER MosjLEWELDING 8-8115 . uJOHNSON-POWERSYSTEMS -.-. 88116'KIRSTEN KING'- ~- 8'8'117 --.. 'C&"'M FERTfCiZEf{-rr\ic. ....-.-.-.----.. - , 881''ll!' u-Li\SiERRA FIRE EQUfPIv1E~T=:=-:_..__._._m -88119------- LAB SAF.ETY SUPPLY,INC. ____________ __________ 88120 .__~__y..KE SULCK PON]IAS:_COMC, INC. .. __no_ .m. . __._.m_. 88121 LJI.'5E.CHE:Y.'30LE_I.....____. __ __ ___ _ ___.___ 88.122 Li\'5.EELSltII()RE TIRE & _~UT()' .1i'lC.__ ~___.__..__ I8.123-811124 LI\.\,-,_OFFICE OJ'....'3f:\UL B. GARCIA ..___m.___ _____._ 1112/2000 Warrant 103106 20F4 W ARRANT LIST AMOUNT 184.00 500.00 8,976,00. 4,460.00_ 1,152...6~.. 25.00 4,125.8.1_ .. 8,000.0.0_ 299.23 3,987.15. 70.02 4,750.00 3,010.30 46.80 46,0.20.89 660.00 . . _m -. '--140.00 .. . .m -. 348.65 .. ...-60'6.63 -- -----..--. 898.58 .1,.2.3000 3,189.1..6 57.00 187.96 368.12 129.40 61.75 ...._..._---~._.._..._.- 254.12 16,662.50 279.79 20.40 7,035.00 ..5~5~~,OO 28,2~0,00 232.50 . -,-~ ------.. 9,550~0 500.00 566.85 842.87 404.89 ----. -----. . 25.00 ...---553:00 .. -_.__._.-----~._._.. 53.75 2,47!).00 1,206.1_1.. 262.50 ~---,.-.--,-- ''''.''.'2"18.03 611.95 --- -.--.-248.80 ..... . .--...---- -_._--~- 7.10 "'... ............---.-- - - -----~._-._.._..,.. 245.27 ... --...-...--- ------- 197.39 . ....._-_._-_._~----- ._.._..___.....1!~48.11. AGENDA ITEM NO. "~ PAGE ~7 OFS OCTOBER 31, 2006 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# 88125 PRECIOUS LEE 88126"-'--'TEMON-GROVERVSfORAGE 88127 _L1~g~t[SaL()RIANCl 88128 L1FESIGNS, INC.-- 88129:":=JiNKLiNECOMMUf;uCA TlaNS;-iNC. . 88130 SAN5RAMASSA~LAViTr .--- ... 88131 - :".-~~~R.Gi-iANfs:@],DiNGMAI~fENANCE 88132 LINDA M. MILLER .. 88133 - '-MORRaW pLUM-BiNG,INC. 88134-- _=~QBM,^, PLQry1..B.ING,INC::__ __ 88135fv1SIIINLANDEMf'I~E/DESE:BT_ G.t:iApTER . ..__.-- --- 88136___""U_f\JICIPALI.NF() SYSTEMS "SSOCIATION O( CALiFo!"N1i1- 88137 NAEIR 88138-- .- -NELSON PAVING, iNC. 88139'::.::::::::::"NET.Q.QMpTECHN'Q1:QGIES,JN<:;.- 88140 NEXTEL COMMUNicATIONS 88141--NORTHERN sAFETYca., INC. 88142 .... P. F. PETTI BaNE & coMpANY 88143 PARTS PLUS 88144-88145 -PETTY cAsH ~8J3:e PitNEY Boi.^lES, INC. -_-__ ........ 88147 POLICE CHIEF LOUIS FETHEROLF ~8Ji~:::_ .... .PREM_I.LJ1I11. pACOMARMt~~RjNG WATER.. .... _ .._. __ ~_~.1.49_.__.._.._..:rHE Pfl.E~S-'=NtERPRI~E:_ . .. 88150 PRO PET DISTRIBUTORS . 88151 ----PRODUCTION VIDEO' 88152 .--- PROJECT DESIGN coNsULfANTS 88153-881ff5-PRUI5ENTIAL OVERAlIsuppCY--- -8-8156 .. -aUAIDTEMEcuCA-HARLEY DAVIDsoN _88f5?.. QUI11,_90RPClRAfION:::-.. ......... 88158 QWEST COMMUNICATIONS '88159-'-- R.H.F.,INC~- -- ... . 88160- ---RAMSEYBACKFLOW 8. PLUMBiNG 88161 .. 'RANCHO SPRINGS MEDICAL CENTER 881'62 .- REGIOliiALcONSERvAtIONAuTHORITY' 88163 . . -RrGHTVVAY -"'--- .. 88164' . RiGHTWAv SITESERVTcES, INC. 88165 RlvERsIDE-cauNt'(cLERK .. 8-8166 ---- .. . RlvERsiDEcauNr'(sHERrFF ... 88167- "RIVERSIDE COUNWSHERIFF 88168 . ___COUNTYi5~B.l'iTERSIDE;-6iFIC~-')!_THEAUDltOR:~:c.()NTRg~h.EB_.. 88169 COUNTY OF RIVE'RSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH 88170-- COUNTY aFRTvERsfDE., OFFIC'E- OF 7';SSESSOR,GARyL. ORSO---- -8817TcOUNTY OF RivERSIDE, BOB DOYLE, SHERIFF . ... ... .. -.. 88172 - -ROBBlI~.j~fpEST--MANAGE.M'E"N~T, it~ic:'''-' --..-.-------- --- ..-.--,..-..-.---.--- - 88173 - ROLYAN BUaYS~' u .. ... ..---------. . ._-- 88174 - ANTHONY -ROMERO----. -- -------------- ----. 88175---.....-. JESUSROaUE ....-~ - -- ...... . ..~ -- - --- ------- -....... 881i6--'-koTARY CLUB -aF LAKE ELSINORE ..._-- -- - --" ... .---~ 881Tfn-----.ROTARVCillB-OF'iAKe ELSINORE .-...--- ---~----,---,,,. 881i8'~-----SHAFfE CORP.' m -~..-,-...' ,....,. -- -.'---'- ~~--- 88179-'--OAVIDS': SOLOMON -----.---- ....------- '8-lf1-86~8187 SOUTHE';:fN CALTFORNIA EDISON CO~.... - - -.--'---'."--~--- __.._ __.__,_,._ ... .___u_._ .._._~_~____"'_""_ _ ___._____._._,._...______ VENDOR NAME AMOUNT 320.85 867.00 500.00 120.00 - __n._______._ 51.58 ___m...."'u.____ 1, !5_~0() 3,722.00 5,8.~~.50 22.74 306:66 320.00 240.00 312.01 __n___.__..._ 8,427.00 . 296.14 1.i06:16 61.38 713.20 52.26 582.58 252.68 j&~}6 196.10 3,177.65' "353:2"0' 150.00 1,007.50 509.06 418.94 3-ii558 - u u _..,____._. 1,456.91 u124A6 70.00 10,000.00 .. . 24,765.00 3,566.76 .. '246.78 64:0-0 ....----., _._.~ . .n19.,~Z~10.. _ . 929,084.!l4 3,485.00 1,008.00 78.00 14,775.22 .... ---355:06 ....-.- .----.--- 805.97 _.n...._._ ._1,.400.99_ 360,00 ----------,. 50.00 1,000.00 . 553~59 .::~'::::'==.. ...4,061.:25 _________ 26,309.72 11/2/2006 Warrant 103106 3QF4 AGENDA ITEM NO. c~ PAGE t./ OF <:; ocrOBER 31. 2006 CITY OF LAKE ELSINORE CHECK# VENDOR NAME 88188 SOUTHERN CALIFORNIA GAS CO. 88189 SPRiNT-- .-..--.- 88190 STAPLj':SSUSINESsAbVANTAGE 88191- STAPLES CREDIT PLAN .. 88192 . STAuFFER'S LAWNEQUIPME-NT .88.193-- STKARCHiTECiuRE; INC. 8sf94-"---' 'P'EGGY TStORAAS'ij" ....-,.. "881-95--'" SOi3"STOVE'R.INC.-- 8819{f. TAR~~CREALTORS 88197- TARGET SPECIALTY PRODUCTS 88198-88199 TEAMAUtbAID:-ij\J-c-: m__ 88200. .. TEAMAN-,-RAMIREZ&.SMiiH,INC. 8il20f-. TEMECULACoPiERS........ ..- 88202- TEMPLEfoNPLANNINGGROUP 88203--.- THOMpSONPusTISHING GROUP .-.. 88204 -... TOP:LTNEiNDUSTRIAL,iNC... 88205--. TRAFFIC & pARKING-CClNTROl CO:~jNC:... .. 88206~-- TWINGRAPHTcs.-.. .--.- 8826i-- - ~-"U~HoNBANK'6F CALIFORNIA . - - ..._.___..u_.... 88208 --"-"---Oi\i"i"TED 'PARCEL-SERVic'E" -.---'--- -- ....-.--.--- '88"209" ------VENUS. PRiNTIN-G .... .-."'..-...---- .-- ,- - --. ~?10.882!~..:-\LERiZ()NC~~!.f.9BNIA:]r{g. .. ~-----_.. 88214 VERIZON EQUIPMENT SALES & SERVICE 88215 .VICTOR R. MARTiNEZ TRUCKiNG 88216-KV:ANHVO. AKA TOM vi5'-JR~- - 88217 WAi:~MARTCOMMUNITY .m_ 88218-- WAXIE SANITARY SUPPLY 8821"9.----..... WEST"GROU-P" 88220 -WEsn:iRNFARM SERVICE,INC 88221.. . WE-siERN.H"ic;HWAY-PRObUCTS, INC. 88222 - -- WENDYWORTHEY. .---. 88223 YELLOW TRANS.PORfAiioN, iNC~ 88224 - ZONES CORPORATESOJ..(jf[ONS 88225 2HoT~cILv.EwEAR& UNIFORMS...... TOTAL . -.- -. ---..~_..- ---. -......--...... PIE DATE: 10/19/06 .PAYROLL cAsH- ToiI9/0e.PAYROLl CASH 10/19/06 ... .PA YROLLTA)(ES 10/24/06 . pAVROLLCASH . ....-------- 10127'06_~(>AYRO~l TA-'~ES W ARRANT LIST AMOUNT 68.26 . _ __u_____ 241.65 . . ..----.......-... 1,7~~,:l.2 72.33 284.52 - -.. -....-.---- 6.'1,121.96 350.00 . 5.L 17.5..00 500.00 ......-------- 870.25 ... - ---...---.--- 572.75 - ____.._u. j!,!QOoQ.O 811.43 u,.__.___..___ ... ...!l..218.01 423.50 ..........----...-.. ... .------.- 322.99 -,.--.-.--.. 398.67 ,.... -....----- 537.67 3,250.00 104.62 1,153.86 . . ..~,.!!l~.38 1ll}2.60 3,?OiLOO _2,3!.3?!i_ 254.62 280.15 905.13 4,53.1-76 429.54 .-.---.----."... 7c~~0_O 318.08 ........-------.. 1,29().1.1.. 371.74 $ 1,535,069.23 12?...217.65.. ....!.~!2.5q_ 50~ 7~~:().2.. 2,042,()1 496.91 GRAND TOTAL 11/212006 Warrant 103106 4 OF 4 $1,716,113.32 -' AGENDA ITEM NO.J PAGE S OF s: CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14,2006 SUBJECT: CONSIDERATION OF CANCELLING THE DECEMBER 26, 2006 CITY COUNCIL MEETING BACKGROUND Typically, business activity during the week between Christmas and New Years Day is very light due to people taking vacation to celebrate the holidays. City Hall will be closed on Monday, December 25th in observance of Christmas. In past years, the City Council has cancelled or rescheduled the last meeting in December due to conflicts with the holidays and/or Councilmember's schedules. RECOMMENDATION It is recommended that the City Council direct staff to cancel the December 26, 2006 Council meeting unless it is necessary to conduct City business prior to the January 9, 2006 Council meeting. PREPARE~Y~' ''''__,_NJ'''' /''' , ICA GUZMAN, /.......^I .y I I -0" REVIEWED BY: t-;:,c.: FREDERIC FFICE'SPECIALIST /'~.. " APPROVED FOR AGENDA BY: AQENDA ITEM NO. ~_~_." ) OF __ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER NOVEMBER 14, 2006 DATE: SUBJECT: CLAIMS AGAINST THE CITY BACKGROUND Claims filed against the CityofLake 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#2006-21 - Bridget Ley trick CL#2006-24 - Southern California Gas Company FISCAL IMPACT None. RECOMMENDATION Reject the claims listed above and direct the City Clerk to send a letter informing the claimants of this decision. s J '''"'~''''=1''1'"""",, REPORT TO CITY COUNCIL OCTOBER 24, 2006 ( m'....,:.> FJCE.SPECIALIST ,;/ () I K RAY, CITY CLERK APPROVED FOR AGENDA BY: C1. AGENDA ITEM NO. J PACe-Z.-..._ OF \ \ CH October 16, 2006 TO: The City of Lake Elisinore ATTENTION: Frederick Ray, Risk Management, Human Resources RE: Claim Claimant D/Event Rec'd Y/Office Our File Leytrick v Lake .Elsinore Bridget Leytrick OS/21/06 09/08/06 1436388 DBM RECEIVED OCT 2 3 2006 CITY ClE RKS OFFICE We have reviewed the above captioned claim and request that you take the action indicated below: . CLAIM REfECTION' 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, Very truly yours, N&COMPANY Jj CARL WARREN & CO. CLAIMS MANAGEMENT.CLAIMS ADJUSTERS 770 Placentia Avenue, Placentla, CA 92870-6832 Mail: P.O. Box25180.SantaAna, Ca 92799~5180 Phone: (714) 572M520Q . (800) 572.6900. Fax: (714) 961-8131 AGENDA ITEM NO. PACE :'3 ,') 01' \\ City of -CakE Ef1-in,07-e dtorru. of the fJ::Jia.mond ~tadiwn October 2, 2006 Richard Marque Carl Warren & Company P.O. Box 25180 Santa Ana, CA 92799-5180 Dear Mr. Marque: Enclosed for your handling is a resubmitted claim. This is the information for the claim submitted by Bridget Ley trick (CL# l436388-DBK). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674-3124 ext. 262. Sincerely, Uifdl1L~ EiJJu MICHELLE SOTO, DEPUTY CITY CLERK CITY OF LAKE ELSINORE ACENDA ITeM NO. ,co) PAOE~O" \ \ _ 130 ,gouth dItlain ,gtt"t, ..f!ake E!f.ino<<. CcIf 92530 . 'Jefephone: (909) 6'74-3124 gax: (909) 6'74-2392 CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) REceIVED SEP 2 8 2006 CITY CLERKS OFFICE R~Q rese 1 (TimelDate Received) A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident ore event occurred, Be sure your claim is against the City of Lake Elsinore, not another public entity, Where space is insufficient, please use additional paper and identifY infonnation by paragraph munber Completed claims must be mailed or delivered to the City Clerk, City of Lake Elsinore, J 30 South Main Street, Lake Elsinore, California, 92530, TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA: The undersigned respectfully submits the following claim and infonnation relative to damage to persons andlor personal property: a, J. NAME OF CLAIMANT b, Phone No, d, 3, Name, post ,~ffice address and telephone to ~ch cla~ant desires notices to be sent, if other than the above: 3\S~~ ~Q;\mnd C~()l(,(~n ~, CBY\l{()1'\ L(\KP1 en Q';)'S'b7 Occurrence or event from which this claim arises: bet-weeA a, Date 5<:), \ -Ob b, Time ~ pm q- 5 pm c, Place (Exact and specific 10cationlJ 0(0 I\), le \..\J i ~ Oil -rivE' f'\T(eeT 'I" -\Y'('"$I\ ()1- 'The $OU::E'. 2, d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary), '-fue +tee. (\(\J"cr ,'t)(~\lC'_~) ~el \ N\ m'i c:ar. \1' \':oKe 1\ie fmnt w 1\'\~hiP\rl f)1'YJI ('(j()<Pnl exte(\<::'IVe loootL( c1'(VmcovE'. e, What particular action by the City of its employees, caused the alleged damage or injury? :~~edn~~:;J/'~ ~e:~~~ln / ACENDA ITEM NO. ..5 h PAGE"-"",,,L- OF \ \ 4. Were there any injuries at the time of this accident? Ifnot, state "No injuriest', V'\ 0 '\ n j \..l '( \ e.o:..... 5. Give the name(s) of the City employee(s) causing the damage or injury: ~("f'f' _ 6. Name and address of any person injured: Y"10'fle 7. Name and address of the owner of any damaged property: D,id.gf'J- hel{t'('$'k . . d. E?':':>Tl <Y\c1c3 -\of WInd '6X\\e(d ~e.~tlm$cte':.> for t>cch'lJ..X)r~ Amount claimed as of this date -::. Estimated amount of future costs $ '. Total amount claimed , $ Basis for computation"of amounts claimed (Include copies of all bills, invoices, estimates, ete): :see a:ffatc heJ .5Y1ee\-z:., '. 8. Damages claimed: ...~ a. b. c. d. 9. Names and addresses of all wimessest hospitals, doctors, etc: . a. b. c. 10. Any additional information that might be helpful in considering this claim: . ;see trtt8c.hed ?'\ct$(e"::> ol'\d est't mcl-t'S WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 72/Insurance Code 556. I) I have read the matters and statements made in the above claim and J know the same to be true afmy own knowledge, except as to those matters state upon infonnation or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. SIGNED THIS c:; 7 DAY OF oep t-. ,20_,A T ,CALIFORNIA. CLAIMANT'S~. >-~-+. A SIGNATURE: ( M..{f1J<.- '----' AOENOA ITEM NO. PAGE (() '"") Of \ \ I~~ October 16, 2006 RECEIVED OCT 2 0 2006 CITY CLERKS OFFICE TO: The City of Lake Elsinore ATTENTION: Frederick Ray, Risk Manager RE: Claim Claimant D/Event Rec'd Y /Office Our File Sempra Energy Utilities vs. The City of Lake Elsinore Sempra Energy Utilities 7/I 1/2006 10/6/2006 S-1439005-DBQ 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. Very truly yours, CARL WARREN & COMPANY ~ cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placcntia Avenue, Placencia, CA 92870-6832 Mail: P.O. Box 25180 . Santa Ana, ell. 92799.5180 Phone: (714) 572-5200 . (800) 572-6900. Fax; (714) 961-8131 AGENDA ITEM NO. PAO!: -'::J .5 OF \ \ 1) ~ ~ ~ ~ \W lE I~l Ir OCT 1 2 2006 ~lj CITY MAN~Gn"'~ fHTF'F .. (, . ", "..." ", .: ~ ~J_ ~. LAKE 6LSiNORE ~ DREAM E;(TR,EME October 12, 2006 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799-5180 Dear Mr. Kunz: Enclosed for your handling is a claim receiv from Southern California Gas Compll1'lY keep me advised of appropriate Ci~ Also, we have enclosed the or' For further assistance, pIe 262. Z FREDERIC RA CITY OF LAKE Enclosure ~-City Manager 951.674.3124 130 S, MAIN STREET LAKE ELSINORE. CA 92530 WWW.LAKE-ELSINORE.ORQ AOEN~:O~ Ft ~'5\ \A~~{!;?":~l. ",. SOliE MSDuth,rn California Gas Companyt' ) ~ Sempra Energy"utlllties September 21, 2004 Lake Elsinore City Hall Alln: City Clerk 130 South Main Street Lake Elsinore, CA 93101 REFER ANSWER TO: YOLANDA GRIJALVA OUR FILE NUMBER 177715.YG Sempra Energy Is the parent of Southern California Gas Company, and I am handling this matter on their behalf. . WHEN DID DAMAGE OCCUR? July 11, 2006 WHERE DID DAMAGE OCCUR? Intersection Grand Ave. & Hixon Street, WlIdomar HOW DID DAMAGE OCCUR? Elsinore Valley Municipal Water District employees did not pothole Gas Company facilities. WHAT PARTICULAR ACT OR OMISSION ON THE PART OF COUNTY/CITY OFFICERS OR EMPLOYEES CAUSED THE DAMAGE? Failure to use precaution around existing underground substructures. WHAT DAMAGE DO YOU CLAIM RESULTED? Labor and materials from company storeroom to repair 2" plastic gas service. WHAT AMOUNT DO YOU CLAIM ON ACCOUNT OF EACH ITEM OF DAMAGE? Invoice attached WITNESSES: SIGN, DATE & RETURN ONE COpy OF THIS FORM IN THE ENCLOSED ENVELOPE FOR OUR FILE. Signature: b~ Date ReCeIVed/Signed:~,? AGENDA ITEM NO. 5 PAGE C1 OF-11-- SUNDRY BILLING INVO. PLEASE PA rHIS AMOUNT $788.68 Acco'unt No. 91034742 10/03/2006 Invoice No. Date Make checks payable to Southern California Gas Compsny Description Amount Amount due $788.68 Damage Claim- Gas Damages This damage may have resulted from a violation of one or more s Section 4216. For more Information on the Government Code, Underground Service Alert (USA) at 1-800-227-2600. ns of California Government Code .Ieglnfo.ca.gov/ or call Location: Intersection of Grand Avenue and Hixon Street Wildomar. CA Damage Date: 07111/06 ClalO1#: 177715 WR#: 1688736 /fN#: 178487 Cost to Repair: Gas Main If you have any questions please contact the represe $788.68 AMOUNT IS PAST DUE IF NOT PAID BY 11/02/2006. If you hllVe any qu..tton., pie... contac1 Yolanda Gl1Jalva at 21:J.Z44.fi124 Msautharn 'Califurnla . . , ,Ga. ComplJlI'( M Southern California G81 Companr PLEASE ReTURN THIS PORTION WHEN MAI1JNG PAYMENT: BRING ENTIRE BlLt.1F PAYING IN PERSON. FAVOR DE REGRESA,R ESTA PORClON AL ENVIAR,POR CORREO: TRAIGA TOOO EL RECI80 8t PAQA.EN PERSONA. SUNDRY BILLING INVOICE ~~~z:,uCompany Monterwy p.... CA 11714(1t57 PLEASE PAY THIS AMOUNT $788.68 Make checks payable to Southern California Gas Company Lake Elsinore City Hall Altn: City Clerk 130 S. Main Street Lake E'lslnore. CA 92530 Acet Inv Date r ~ 91034742 c 1\ti1lIRDMTEM NO.":::'> PAGE _l,:;:d__.OF _ \ \ SOUTHERN CALIFORNIA GAS COMPANf I Date: 10/0312006 IClalm Number: 177715 (COST BREAKDOWN) IWOrk Order No: 1688738 Code Oescriotlon # UnHs Unit Price Extended Price Labor Rate 9 me5.57 m590.13 Labor Rate-Overtime 1.5 ma9.63 $134.45 Materials-2" Melfit Counlinn 2 m25.73 m51.46 Materials-2" Pre-Tested Ploe 2 $1.32 $2.64 Loss Gas 1 $10.00 $10.00 Subtotal $788.68 Total Due $788.68 '"'[PubliC L!tflities Code Section 795:2lSouthern California Gas Company (SCG) Is entitled.. 'to bill you not only for the damaged property, but for the ratio of the general and administrative expenses for this repair bear to overall of SOO operating expenses for a given fiscal year. Soulhem CalifornIa Gas company A Sompra Enc'll'r UUIIUtnJ Company ACENOA ITEM NO. PACe\\ 5 OF 1,\ . CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14,2006 SUBJECT: FEE ADJUSTMENT FOR LAKE USE PASSES BACKGROUND The City collects a fee from all boaters to partially offset the operation and maintenance costs of the Lake. The City sells both daily and annual lake use passes. Daily lake use passes are sold in volume by the City to private boat launches for subsequent resale to individual boaters. The annual pass is good for the calendar year and is only sold through City Hall. Attached is a spreadsheet detailing the current and proposed increase in fees, as well as a comparison to other regional lakes. An "apple to apple" comparison of the City's Daily Lake Use Pass to other lakes is difficult to obtain, because other lakes charge fees for a wide variety of activities (entry, parking, fishing, float tube & water contact) that are already included in the City's Daily Lake Use Pass. DISCUSSION The City has experienced a substantial increase in the operations and maintenance of the Lake over the past few years, which includes supplemental water purchase ($650,000), aeration system(s) ($145,000) and bio-manipulation efforts ($50,000). It is generally recognized that rehabilitation of the Lake exerts a positive economic influence and improved quality of life throughout the community. The proposed increase in fees is based upon the increased cost of business to operate and maintain the Lake and the desire to shift a higher proportion ofthe cost to "Users" of the Lake in deference to local taxpayers. In addition, citizens of the City shall receive about a 40% discount on the purchase of the annual lake use pass. In February 2004, Staff discussed the issue of raising the fee for the Daily Lake Use AGENDA ITEM NO. 0 PAGE-1__0F R REPORT TO CITY COUNCIL NOVEMBER 14, 2006 PAGE#2 Pass to ten dollars ($10) with the owners/managers of the commercial boat launch facilities on Lake Elsinore. At that time, no objections were conveyed to City Staff and no one indicated that their business would be negatively impacted. FISCAL IMPACT The annual budget for the City to operate and maintain the Lake is approximately $2,000,000; in contrast, the annual revenue is $450,000. During the 2007 calendar year, Staff estimates the City will sell 35,000 daily and 300 annual lake use passes. Assuming adoption of the new fees, the alIDual revenue would increase by $77,500. Staff suggests fee increases occur in whole dollar amounts, therefore another increase may not be proposed for 3-5 years. RECOMMENDA TION Staff recommends the City Council adopt Resolution No. 2006- i adjusted fee schedule for Lake Use Passes. approving the PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department APPROVED FOR AGENDA BY: C ACENDA ITEM NO. PAce c2 ! ,,,0 OF 5:l RESOLUTION NO. 2006- \ ~ ;A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 2004-66, AND APPROVING ADJUSTMENTS TO SCHEDULE OF LAKE USE FEES. WHEREAS, the City of Lake Elsinore is required by the State of California to maintain the Lake for public park and recreation purposes in perpetuity; and WHEREAS, the City Council of the City of Lake Elsinore is desirous of providing adequate services for operating and maintaining Lake Elsinore for the benefit of the boating public; and WHEREAS, the City's operation and maintenance costs for the Lake exceeds $2,000,000 annually, while annual revenues from Lake use is $450,000; and WHEREAS, it is essential for boaters to pay their fair share of the costs to provide services so that the Lake can remain available as a recreational resource; and WHEREAS, the fees collected pursuant to this resolution shall be used for operating and maintaining the Lake for use by the public; and WHEREAS, the City Council does now desire to modify the use fees for the Lake by repealing Resolution No. 2004-66 and the Schedule of Fees contained therein and adopting the Schedule of Fees as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Repeal of Resolution No. 2004-66. That Resolution No. 2004-66 is hereby repealed upon the effective date of this Resolution as set forth in Section 3. SECTION 2. Schedule of Fees. The following fees shall be charged to City residents and non-residents for the use of Lake Elsinore for purchase of a Daily Lake Use Pass, Annual Pass, and Commercial Pass: Dav Use Pass Daily Lake Use Pass $10.00 per day Annual Pass (Standard & Lake Front) Resident $100.00 per year per vessel MENDA ITEM NO. PACE :3 CO OF X CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of 2 Non-Resident $175.00 per year per vessel Non-Motorized Resident $25.00 per year per vessel Non-Motorized Non-Resident $35.00 per year per vessel Senior Citizen Discount 10% on Annual Pass only. Commercial Pass Resident Business $350.00 per year Non-Resident Business $500.00 per year SECTION 3. Effective Date. The City Clerk of the City shall certify the adoption of this Resolution, and thereafter the same shall be in full force and effect as of January 1,2007. PASSED, APPROVED AND ADOPTED this by the following vote: day of November, 2006, A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ACENDA.ITEM.~ ~o. ~ " p!,,,r,'..':L.____OF eJ '" Q< '" '" ~ Q< '" ;:;l Q< .lll C<l ~ i: .... Q< '" ~ (,I-e oS i: Q<< Q< .... -e Q< '" o 8 i:l. ~ t' C<l 8 ~ r;r., ~ c[!l~ ~~ ~ .- = ~ ~ ,",'- !aB~ enu" ~ ~ - - " " .. "l;I-"l =,5 ~ " is '" ~ ~ 'i = o .... ell ~ S i: o '" .... lo< C<l S' o u [!l !:..~ c~'"' = "l;I ~ .. Q;) "l:t "''''.... Sc-" . ~= ~e- =- .. [!l a~ =- ,- = .fa .. (;l;l .. . .. '"' = u '" ~ 'Ci=- .. ~ ~;;J E-<~ " '"' \f"l .... o '" .... r- .... \0 - .... 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'" 00 .... 00 '" \f"l .... 00 .... \f"l '" OJ) " :.a u " ~ '"' " o ~ Q) 0. ;::: t.f.l U ~ ~ 0.. to+-' ~a: g Q,) = S 0.. 0 0,"" '::>u" OJ) ;:l > t: ..... I-< \....0 :.E ~ .:8 Q) ~~~~ AGENDA ITEM NO, PACE !J ( 0 OF g The official Diamond Valley Lake Web site Page I of2 Western Center Opens Oct. 15 The...we~tern Center 1'01" Archaeology al)dPal\~ontQlogy opened Sunday, Oct. 15, Current weather conditions DVL Stories and Fish plant schedule NAMIW ALKS Nov. 4 DVL will sponsor this charitable event which raises funds and awareness on people with mental illnesses, The event will be held on Nov, 4, 2006 at 8:00 a,m, Cl.icK here for more information, Hours of Operation: 6:00 a,m. to (dO p.m. Fees: Annual Pass $225* $7 entrance / $ J 25 annual" $6 boat launch / $ J 00 annual" . $3 fishing "ccess permit $5 for reservHtions Veterans Day Event Nov. 10-12 DVL will once again salute our Veterans, activc scrvice pcrsonnel who have or are currently serving this country by offering free admission, boat launches and fishing to you and your immediate family over the Veterans Day weekend - Nov. 10,11,12, Proof of service required, Marina Office - (951) 926- 72()] or (800) 590-LAKE "Annual Pass docs NOT include reservation fee. Oid, hereJor.addiliotlalllJlcoming events Diamond Valley A1luatic Center The new Aquatic Center is open daily and houses a play gym and water slide for all your water fun. Boat Rental Fees: Basic Ii'ishing Boats" $30/hour $50/half day $60/full day nass Boats" $40/hollf $85/half day $J lO/full day 8-pel'son pontoon hOl!ts* $50/hollr $IIO/half day $ H5/ full day Call (951) 929-0047 for location. pool times and fee information. Photo Gallery *$100 refundable deposit required. " Rental fec docs NOT Shoreline include elltrance fec/parking In.forrnat.i!m fce or tlshing access permits. Metropolitan offers 1 "Frequent Uentcr ClIl'd - II2 miles of shoreline rent 6 times and get the 7th fishing. Terrain: free. i AGENDA ITEM NO. \. ~ PAGE b OF 1O/31!2006 Boat Registrations Boat registrations are performed at DVL and Lake Skinner daily. Mort' Subscribe to Diamond Yall.t'Y Lake News To receive the latest information about Diamond Vallcy Lake http://www.dvlake.coml California Homo Park Fees and Pass Information Tuesday, October 31,2006 State Park~J:'"Qm~. Find A Par~ Reservations & Fees Adventures In Le~.r.:.n!n,g About Us J.2lli. ~ I Announcements Publ!Oallona SJate.P.aL~.aS!OI. C.on!M.LVs. .Slte IrujJ~_l!. Relaled Links Lake Perrls .SI!A A<;kl1111bill!Y. Boating a.nIl..Wa!er..C.ra.!1 Calendar of E~e.nts ,QJr.cctlons and Park Map.!i. family Camp anll Hora.!! .ctltnR f1@!ngJnformatlgIl la!oJ!p_Cl!!!lP-.anllj.ro.ua .P.I.onl.o !:l.J,lnlIO.9 ~n2.Q.r.:,O$ Off Road Vehl<tlEt$_ ParKA.c1I.\1lin E:ark Rules R(l9lonallnlllan Muao.um Reservations Tbo..L.aod Page 1 of 3 l.!earch J (' My CA (i" This Site Park Fees and Pass Information Lake Perrls SRA Entry fees for the park must be paid at the entrance, either to the attendant at the kiosk or by using the provided Iron Ranger Envelopes at the entrance. The Entry Kiosks and the Campground only accept Cash or Check. They are unable to process ATM, Debit or Credit Cards. Personal Checks require an address, Drivers License number and two (2) phone numbers. Please display your receipt of payment or the Iron Ranger payment stub in the lower diver's side comer of your windshield, visible for the Park Rangers. Failure to do so will result in a citation. If there is no attendant at the Entry Kiosks, please use the provided Iron Ranger envelopes. Fill out your information on the envelope, place your money into the envelope and seal it. Keep the Iron Ranger Stub on your dashboard, visible at all times. Failure to do so wlll result in a citation. Please fill out this information even if you have one of the yearly passes. This information helps us track the Iron Rangers and be able to help you if you wish to contest a "non payment" citation. Note: In the event of a full park closure, only those vehicles that have a reserved ticket will gain access to the park. All other vehicles will not be allowed into the park until the closure has been lifted. ENTRY FEES . $8.00 per vehicle (9 persons or less per vehicle) . $8.00 per vessel/watarcraft (There Is no fee for canoes and kayaks) Seniors (62 +): $7.00 per vehicle 1 Vehicle + 1 Watercraft: $16.00 1 Vehicle + 2 Watercraft: $24,00 Busses: . 10-24 passenger: $30.00 . 25+ passenger: $60.00 At Lake Perris the passes pay for themselves and are a great way to save moneyl The Annual Day Use Pass in 15.5 visits to the park. The Poppy Pass In 11.5 vlalta. The Boat Use Pass in 9.5 visits. The ADU and Boat Pass pays for itself in 12.5 visits. The ADU and two Boat Passes pay for themselves in 10 visits. The Poppy Pass and Boat Use Pass in 11.5 visits. The Poppy Pass and two Boat Use Passes in 10 visits. Annual Vehicle (ADU) and Vessel Passes: Can alsD be purc~Qd...QDline at the .s!at~.,.PJ~Iks:..,$..tQ.r.~". . $125.00 vehicle Valid for any passenger vehicle of9 persons or less and val1d at most state parks where a parking fee is collected. ^--nn[.l_g!.J~~1!~J;x~.m:~!ion1;1, . $75,00 per vessel This pass waives boat launching fees for all motorized vessels and for sailboats over S', Sailboats under 8 feet, canoes and kayaks are not charged an entry fee. Annual Day Use Pass and Boat Use Pass: $200.00 Poppy Pass and Boat Use Paso: $165.00 Annual passes waive entry fees. They do not count in place of reservations and they do not garauntee entry into the park in event of a boat or park closure. Reservations can be made for watercraft by calling Reserve America. (800) 44487275. Reservations can not be made for regular day use park entry. The New Golden Poppy pa..1 The "Golden PoppyN pass is being offered for those park visitors that only visit a smlJll n4,mber of parks each AGENDA ITEM NO. \....(..-' http://www.parks.ca.gov/?page_id=23887 PAGE_ 1 OF g 10/31/2006 Page 1 of2 Hom"."",;c!.,tq~,~~;gtt '.._,.. "', "', h., _.. W-"..,_,.."..." I s.,a..h l W A HR' D [ PA R 1/H N 1 ...I;"~.W .1~E;;;ci!ru;,!.!!lj..liii~I!'ll;;r;'li!illIl!i'!ill!!ljE7r;~. I)ll-. ii .'r!ll'~' . "''"ffi!ru;;;r;i,ifli.".ili 'ni"".....10."''III\ ,!1111TIl ..,ll.II!0 I,fig ,',,' ' '", ''';/''';';;.07'''41,m':;>W''2TI!~:'~''~~',;,d'~;)~;k,*~~ WATER DEPARTMENT GENUAl CITY LAt::ES'ANO WArE&.& SEWER' 'Wi'TYR'" RECYClED? WATH~' 'IN'fRASlfUIClUREl"" , ' HOME. ..,...... .IINFO'M~nONI.....':CREATlON ...,1.. .. SILL/RATES .1 CONS.'RVAIlON I VlAfER I QUALITY CAPJTAllMPROVEMfNTS l~i~.Lak~~alJd~ecreation', .... . Daily Permits and Fees FISHING Adults: $ 5.00 Juniors (age 8.15) $ 2.50 Senior/Disabled (Murray only) $ 2.50 Children 7 & under free State Fishing License (effective 1/1/06) - (Annual) $34.90 - (Two-Day) $17.60 (One-Day) $11.30 BOATING Rowboats (rental) All Day - $ 12.00 Half Day - $ 8.00 (Noon to closing) Boats with 5 HP outboard motor (rental) All Day - $35.00 Half Day - $25.00 (Noon to closing) Canoe Rentals (Miramar and Murray only) - $5.00 per hour Kayak (Singles) Rentals (Sutherland only) - All Day - $12.00 Half Day - $8.00 Private Boats (all or part of a day): $ 5.00 Private Kayaks (single) with one person (all or part of a day): $1.00 Must be 16 years of age to rent any boat All Day Motorboat Reservations (619-668-3274)or email $~,-mJ1tt@sandi~gO.gov. Mon-Fri 9:00 a.m. - 4:00 p.m. WATER CONTACT (windsurfing, personal watercraft, Wakeboarding, Waterskiing, Tubing, Kneeboarding) Adults $5.00 Juniors (age 8.15) $2.50 Slalom or Wakeboard Course (San Vicente Only): $10.00 per boat/4 hr shift WATERFOWL or TURKEY HUNTING Rowboat and Blind Reservation $20.00 Hunting Permit (Adult) $10.00 Hunting Permit (Youth) $ 5.00 . NOTICE: Seasons, fees and operating schedules may be subject to change. Reservoirs are open from sunrise to sunset on operating days only and are closed otherwise. In addition to a daily City recreation permit a State fishing license or State hunting license (with Federal waterfowl stamp) is required as appropriate. In addition to the Rules and Regulations posted at each reservoir all State and Federal regulations must be observed at all times. \' r) ACENDA ITEM tlo._'::J::- . PACE 5; OF R h IIp :ffwww.sundiego.gov/waler/recreationffees.shlml lOf31f2006 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER NOVEMBER 14, 2006 DATE: SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING INC. FOR SEDIMENT SAMPLING & ANALYSIS BACKGROUND On Aprillllh, 2006 the City Council approved a Professional Services Agreement with HDR Engineering Inc., in the amount of $55,167, to prepare a Sediment Sampling Plan and environmental documents for the City's Boat Launch Facility Rehabilitation Project at the LERA Campground. HDR has completed the Sediment Sampling & Analysis Plan and substantially completed the Initial Study. DISCUSSION Considerable dredging for fill material is required to raise the elevation of certain elements of the Boat Launch Facility Rehabilitation Project. A Sediment Sampling and Analysis Plan (SSAP) is required by the regulatory agencies (USACE & Regional Water Quality Control Board) to evaluate permitting issues. HDR completed the SSAP and has submitted a proposal to perform the related field collection, laboratory and reporting services. HDR will subcontract much of the field collection and laboratory testing to Nautilus Environmental LLC., where as HDR will analyze the data and prepare a final report. As the primary contractor, HDR will be accountable for ensuring completion of the attached proposal for "Dredged Material Evaluation". AGENDA ITEM NO. PAGE / . 1 OF J:j REPORT TO CITY COUNCIL NOVEMBER 14, 2006 PAGE#2 FISCAL IMPACT Approval of the professional service agreement will result in an expenditure of $59,700. This item is budgeted under the Capital Improvement Project budget for the Boat Launch Facility Improvements. RECOMMENDA TION Approve professional services agreement with J-IDR Engineering Inc. and authorize the City Manager to execute the agreement. PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department APPROVED FOR AGENDA BY: --/ ACENDA ITEM NO. .::+ PACE;:L OF /;;., AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into this 14th day of November, 2006, by and between the City of Lake Elsinore, a municipal corporation ("City") and HDR Engineering, Inc., an environmental consulting firm ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the sldl1, expelience, ability, background, cettification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional environmental consulting services and related work as set forth in this Agreement. AGREEMENT 1. General Description and Scope of Work - The City of Lake Elsinore intends to rehabilitate the boat launch facility located at 32040 Riverside Drive, Lake Elsinore and known as the Lake Elsinore Recreation Area (LERA) Campground. Considerable dredging for fill material is required to raise the elevation of certain improvements to the boat launch facility. Federal and State Resource Agencies require a scientific evaluation of the sediment prior to issuing permits for dredging and placing the fill matelial. The City desires to contract with HDR Engineeling Inc. to implement the Sediment Sampling & Analysis Plan developed for the project, which includes field collection of sediment, laboratory testing, data analysis and preparation of a final report as more particularly described in Exhibit "A" (Dredged Material Evaluation). 2. Time of Performance - The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of twelve months. 3. Compensation - Compensation to be paid to Consultant shall be in accordance with the fee schedule set forth in Exhibit A, which is attached hereto and incorporated herein by reference. And in no event shall Consultant's compensation exceed $59,700.00 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Pavment - Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no ProfSel'vAgmtA014.000 ACENDA ITEM NO. PACE :3 -") -- OF /3 further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work - At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is detelmined by City to be necessary for the proper completion of the Project, but which the palties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination - This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effecti ve date of termination. 7. Ownership of Documents - All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the propelty of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City fUlther agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Propertv - This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and WaITanty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentialitv - All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other ProfServAgmt.4014.000 2 ACENDA ITEM NO.'-:) PACE~OF 15 Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the perform~nce of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine:, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8.; Consultant's Books and Records a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers; canceled checks, and other records or documents evidencing or relating to charges for services, 'or expenditures and disbursements charged to City for a minimum peliod of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. I b. Consultant shall maintain all documents and records which demonstrate pelformance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for I inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed up~n, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. I d. Where City has reason to believe that such records or documents may be lost or disearded due to dissolution, disbandment or termination of Consultant's business, City may, by Written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representa,tives, or Consultant's successor-in-interest. 9. : Independent Contractor - It is understood that Consultant, in the perfOlmance of the work and services agreed to be pelformed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10; Interests of Consultant - Consultant (including principals, associates and profession,al employees) covenants and represents that it does not now have any investment or ProfServAgmt.4014.000 3 AGENDA ITEM NO. PAGE2....._ OF -+ /3 I I interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real propelty or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant fUlther covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because <I:onsultant: a. will conduct research and arrive at conclusions with respect to his/her rendition: of information, advice, recommendation or counsel independent of the control and direction ~f the City or of any City official, other than normal agreement monitoring; and . b . possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Rcg. 18700(a)(2).) I ( Professional Abilitv of Consultant - City has relied upon the professional training and ability of Consultant to pelform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel'to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard Of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. ' I 12.. Compliance with Laws - Consultant shall use the standard of care in its profession to comply, with all applicable federal, state and local laws, codes, ordinances and regulations. , , 13, Licenses - Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expcnse, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City business license. 14, Indemnitv - Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees' or volunteers. I 15.: Insurance Requirements a. Insurance - Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. ProfServAgmt.~014.000 4 /lCENDA ITEM NO. PAGE &., -~ OF /~ i. Workers' Compensation Coverage - Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liabilitv Coverage - Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liabilitv Coverage - Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liabilitv Coverage - Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, elTors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsuItants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per OCCUlTence basis. b. Endorsements - Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall bc considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. ProfServAgmtA014,OOO 5 ACENDA ITEM NO. :i PAG~_2__~"OF / 3 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shaH not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shaH not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions - Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shaH demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance - Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shaH be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shaH be kept on file with the City at all times during the term of this Agreement. 16. . Notices - Any notice required to be given under this Agreement shaH be in writing and either served personaHy or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the adrh'ess set fOlth below. Notice shaH be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City Manager City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: HDR Engineering, Inc. 8690 Balboa A venue Suite 200 San Diego, CA 92123-1300 17. Entire Agreement - This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments - This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. ProfServAgmt.4014.000 6 ACENDA ITEM NO.'::). PAGE_~8._._0F_/:) _ 19. Assignment and Subcontracting - The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to payor to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver - Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability - If any term or pOltion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue - This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attornevs' Fees - If either party to this Agreement commences any legal action against the other pmty arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation - The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMSIENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution - This Agreement may be executed in several counterparts, each of which shall constitute one and the same instlUment and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authori tv to Enter Agreement - Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants ProfServAgmt.4014.000 7 AGENDA ITEM NO.~ PAGE g OF /:)_ that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests - Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the telm of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 27. Equal Opportunitv Emplovment - Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: By City Manager Title Business License # APPROVED AS TO FORM: ATTEST: City Attorney City Clerk Attachments: Exhibit A - Descliption of Lake Elsinore Launching Facility - "Dredged Material Evaluation", dated August 10,2006. ProfServAgmtAO 14.000 8 AGENDA ITEM NO.~ PAGE. 1.0 OF / ~ August 18,2006 Pat Kilroy City of Lake Elsinore Lake & Aquatic Resources Department \30 South Main Street Lake Elsinore, cA 92530 RE: Estimate for Lake Sediment Sampling in Support of tbe Boat Launcb Facility Rebabilitation Dear Pat: HDR Engineering, Inc. (HDR) is pleased to provide the following estimate to conduct Jake sediment sampling to support the Boat Launch Facility Rehabilitation. With the increased regulatory oversight, and the need for more through laboratory analysis of the samples, HDR has identified Nautilus Environmental as the most appropriate subconsultant to complete the required work. Nautilus is experienced with sample collection and analysis, and has au onsite laboratory to complete Toxicity Identification Evaluation (TIE), as well as various sediment and toxicity testing services. The sampling effort would require one day of sediment sampling with one day of equipment mobilization. All sample collection, storage, and analysis will be following the appropriate handling and regulatory procedures. The total fee for the sampling effort is $59,700, with the breakdown attached to this letter. Should you require any additional information regarding this proposal, please don't hesitate to contact me at (858) 712-8400. Sincerely HDR Engineering, Inc. ~-t27 Betty Dehoney / Environmental Program Manager Attachment HDR Engineering, Inc. 8690 Balboa Avenue &111&200 San Oiegll, CA 92123 1158-712-.8400 858-712-8333 (lax) AGENDA ITEM NO. PAGE II ~."j. OF J '? Exhibit "An Cost Proposal for lake Elsinore launching Facility. Dredged Material Evaluation Provided: August 10, 2006 , " ' ,', ,',,','" :,,~,:,:,,:>?jt;':~:.:t.'.t:,-:.~lnt.,,:$.'~.'1.:'~,r.I,it.'~,.~.:'ri;:,,:k~.:'~;.~.}titi7.:,0jtib,;:.,~,;::::, :}:."~ T;;~1i 1 ;sa\r,~I~:~cillectlon ~~~ ~ib~lli.i~g< .,'" "'" . Mobilization and demobilization Vibrocore system/personnel to lake Elsinore TEG barge, vibracore system and personnel to lake Elsinore Sample container prep., whole sediment sample compositfng and processing a Sediment elulrlate preparations and processing' Sediment sampling dally operations · Electric vibrocorlng operations (system + 2 TEG personnel) TEG barge TEG and Nautilus field personnel (1 each) Consumable materials and supplies ;~_" :":~/_'::~{:1;;;;1;~~:i,\;::; := 'Niiotiid;~:~ .', $1,900 $3,900 $1,200 $1,200 Subtotal $1,800 $1,300 $1,500 $1,100 $1 ~,900 ,....".,._,"_.u..;> '.,..-,. ",.-'--- ,..' ...." T~~Jt~':Aoi~MIG~i\~ij6;:;\~~Qf~;t~iiWi6~1~~'li'6~lb~ir~:! ., Sediment Etutriale (full suite) Whole Sedimenl (full suile) , , ..".="",..,.,,,.,,?,,.,,,,,,,,~l~~~"'i' Whole Sediment (trace metals, phosphorous, gram Size, ~nd TOC only) , .' :~!i;t,'1i*,$,Il11Jl',\;jMfJi\1!@i,$~l>W"di; Sul1totaqassunilng full suite Of analyses) $21,300 '-,'-:' ',-. ';~:,:~"(~i :::':,'-,';:ri':" - -- . .....T~:...; " . . i',' ':,'.:~ l ~"" .;;.t_+:,:;,;\;';,:t~.~",' , ,!ask 3 - Project Man~gement;riai~ Ani"ysis,R~~';rt.pr&~~;'tid;{' .,~:~, ....... . Nautilus Project Management Data Analysis, WQ Modeling, QNQC Draft/Final Report Preparation Project Total $2,500 $11,000 $11,000 $2~i500 $59,100 Subtotal . Assumes 5 final samples for analysis b Costs provided assume sampling effort win require 1 day of mobilization and 1 day of sampling, Add additional $4850/day, if needed. G Costs provided for reference only and are not included In totals. Nautilus Environmental AOENDA ITEM NO,~. p,AGE,l;b.__oF J 3 EXHIBIT "A" Description of Lake Elsinore Launching Facility - "Dredged Material Evaluation", dated August 10, 2006. [INSERT] Pl'OfServ Agmt40 14.000 EXHIBIT "A" - Page 1 ACENDA ITEM NO. .-=i-. PACE_L3__.0F J..~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14,2006 SUBJECT: RESOLUTION OF SUPPORT. UNIVERSITY OF CALIFORNIA RIVERSIDE (UCR) EFFORTS TO CREATE A MEDICAL SCHOOL BACKGROUND This project is being called the Health Sciences Initiative Project. UCR will need to build community, as well as legislative support for this project; specifically support from cities will be helpful in the legislative process. At the request of Mayor Magee, staff has prepared this item in an effort to lend the City of Lake Elsinore's support ofUCR's effort to create a full medical school. DISCUSSION University of California Riverside Chancellor Dr. France Cordova has done an excellent job of pointing out the needs for and benefits of a Medical School to the entire region. A couple of the points Dr. Cordova made include: · The population and geographic area of Riverside, San Bernardino and Kern County is roughly the size and population of Indiana. Indiana has 8 medical schools, this region has none. · Since 1974, UCR has had a medical program in partnership with UCLA. Students attend their first two years at UCR, and then attend their next two years at UCLA. AGENDA lTEM NO._!._ OF REPORT TO CITY COUNCIL NOVEMBER 14, 2006 · The program has graduated about 700 medical doctors, only about 10% have returned to practice in this area, with the majority remaining in the Los Angeles area. Typically about 70% of doctors remain in the vicinity of the medical school from which they graduated. Given the region's growth rate, more medical professionals are desperately needed. FISCAL IMPACT None. RECOMMENDATION Adopt Resolution No. 2006- 11'; ~, _ supporting UCR's efforts for a Medical School. APPROVED :FOR AGENDA BY: /- :L RESOLUTION NO. 2006- \ 1,/: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE EFFORTS OF THE UNIVERSITY OF CALIFORNIA RIVERSIDE (UCR) FOR A SCHOOL OF MEDICINE. WHEREAS, the Counties of Riverside and San Bernardino represent 10.4% ofthe State's population, greater than 22 states ofthe union; and WHEREAS, these two Counties represent the fastest growing region in the State with 4 million people and 17% of the State's geography which equates to an area larger than 10 states ofthe union; and WHEREAS, UC Riverside is the only comprehensive public doctoral research university in the region, making it a critical resource for the Inland Empire; and WHEREAS, the need for a medical school in the Inland Southern California region is apparent as the two county areas of San Bernardino and Riverside is projected to have a shortfall of physicians by 20 IS, equal to 53% or 1,140 physicians; and WHEREAS, the region also has the lowest number of primary care and specialist physicians per 100,000 in the state; and WHEREAS, studies show that 70% of physicians stay in the area where they served their residencies; and WHEREAS, California's supply of physicians is expected to be 10% less than. demand; and WHEREAS, only one-quarter of California's physicians are trained in the state; and WHEREAS, a UC Riverside School of Medicine will be the first new public school of medicine west of the Mississippi in the 21 st century and the first research-based school of medicine in California in nearly half a century; and J {? WHEREAS, for 30 years UC Riverside has provided the first two- years of medical school through the UCR/UCLA Thomas Haider Program in Biomedical Sciences; and WHEREAS, UC Riverside has world-class expertise with more than 100 faculty conducting research in health-related fields; and WHEREAS, a UC Riverside School of Medicine would partner with regional hospitals and clinics for its clinical programs; and WHEREAS, a UC Riverside School of Medicine would encourage high-tech start-up companies and attract others to the region, creating valuable jobs; and WHEREAS, the presence of a School of Medicine would create a new knowledge of medicine, which translates to improve health care; and WHEREAS, the City Council of the City of Lake Elsinore urges local and state legislators, and regents of the University of California to also support the efforts ofUC Riverside for a School of Medicine. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City of Lake Elsinore commits to supporting the efforts of the University of California Riverside for a School of Medicine. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 14th day of November, 2006, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: AQE"DA I""M "0 9, 1\'. ,.... l'.)._...~.._.. P'G.r: 0 "''- (- t\ ..... _.:1..~",~,,, t.,.. ".,...~"_"...,, ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: FREDERICK RAY, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO LEGAl, FORM: BARBARA ZEID LEIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE '5 .Vz ..... State of California ) County of Riverside ) ss City of Canyon Lake ) I, Frederick Ray, City Clerk of the City of Lake Elsinore, California, DO HEREBY CERTIFY, that the foregoing is a true Resolution 2006-_ adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting thereof, held on the 14th day of November, 2006, by the following vote: Ayes: Noes: Abstain: Absent: Frederick Ray, City Clerk Dated November _' 2006 CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14, 2006 SUBJECT: PAYMENT REQUEST FOR CENTRAL A VENUE PAVING BACKGROUND Central Avenue between Collier Avenue and Pasadena Street was constructed with base paving and has been operating in this condition since late 2000. Recently, the Target development constructed street improvements on the north half of Central A venue as a part of the projects street improvement responsibilities leaving the southerly half of Central Avenue in need of the final lift of pavement. DISCUSSION As a part of the development on Pasadena Street, NEARCAL Corporation was required to construct the westerly half of Pasadena Street. In an effort to capitalize on the opportunity to complete the paving of Central A venue in front of the new Target shopping center, Staff discussed the possibilitics of combining NEARCAL's paving on Pasadena Street with the City sponsored paving of the south half of Central Avenue. An evaluation was performed and it was determined that combining the City sponsored paving on Central Avenue, with the development required paving on Pasadena Street, would be an efficient way to complete Central Avenue. FISCAL IMPACT Cost for repairing existing base pavement and the final pavement of the southerly half of Central A vcnue is $52,600. Since there are sufficient funds in the City's "In-Lieu Fees" account, this would be an appropriate application to utilize these funds. AGEJ.JD/\ ITEM NO. ..-.2..-",. f' . .',- 1. '^Ie .3 W'F\',;~t.:._ ....- V~.- ...........,....--' i' REPORT TO CITY COUNCIL NOVEMBER 14, 2006. PAGE 2 RECOMMENDATION 1. Staff recommends that the City Council approve the use of In-Lieu Funds to pay NEARCAL in the amount of $52,600.00 for the paving of the south half of Central Avenue between Collier Avenue and Pasadena Street. 2. Staff recommends that the City Council authorize Staff to process a Purchase Order in the amount of $52,600.00 for payment to NEARCAL Corporation. REVIEWED BY: , KEN A. SEUMALO, CITY ENGINEER ~ // APPROVED l"OR AGENDA BY: Attachments: Vicinity Map n'tJA )\!D, Z- ';j '^\.' VICINITY M:~AVING CENTRAL AVENU '/ /. '\,/' / , / "~ '" CITY COUNCIL CITY 01<' LAKE ELSINORE REPORT TO CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14,2006 SUBJECT: FINAL MAP NO. 32996 APPLICANT: COTTAGE LANE, LLC REOUEST Approval of Final Map No. 32996 located on approximately 10.29 acres. The proposed map will create torty-eight (48) residential lots, four (4) lettered lots for streets and public utilities and three (3) lots reserved for a park and drainage. LOCATION The proposed Final Map is located south of Machado Street between Ulla and Tiller Lanes. BACKGROUND At their regularly scheduled meeting of August 03, 2005, the City Council approved Tentative Parcel Map No. 32996. DISCUSSION Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Parcel Map No. 32996 and that all Conditions of Approval relative to the Final Map approval have been completed. i,,','f:kC"'..!' I'r:::i\f 1\1,~'\ Ie "\..:,:,,;,,t:,,1 .,..j,;, ,'..-',~w.,L!:-',k""',,*~" REPORT TO CITY COUNCIL November 14, 2006 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Staff Recommends that: 1. The City Council approve Final Map No. 32996 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32996. PREPARED BY: KEN A. SEUMALO, CITY ENGINEER ~C; APPROVED FOR AGENDA BY: Attachment: Vicinity Map I\CbNDf\ jlC\\,'i l'~O. nt: 3 "", -""--"""'''''''' VICINITY MAP FINAL MAP NO. 32996 /. " ' .'.. v '>,.,.;.:/,;/,,<>' " .......- / " 7 ',/,"-"'/" '> , " v. ^ ,,( ;':F /.."y', ". /'\" ,,-'y '... ,~V/'\ Y '" " '-, <S'~. ,A, ")' " "'(j,'/'-,,/ ''., ~'?"A"<"Y '" '. T ~",'" y ." ;"'~")' ','-'J'< ',""', '-', '-.,' " " ,. , . ", " , ---,.:. /' / / , I / / , , , " / , ", y ,>- / /' '", <. "'1/'-( " ,. ~ J-,""<,- N"', "- .!, )-''Xc/./ /, . '" -y 'k"</ . '" /,/;V~., . "'-....., I ~I", '. ',' . ',f!/' /. ,'. ... "<,,/ /,<:-.,//''-, 'v' '., , ),.,,< /. /Z,"v' ~,."'." -/ '<, // I,!-.;/",), 'v' ,. . , , "'~ : ',/ ,. " '..( , " " .,'........" ""'~' '.. ", ""-"'''''-''' 5{-' "',",Q '0 ~ ,<"0 0. . ~ ~ , / " , " "" " '. '" , , " " " '-. " ' ". CITY COUNCIL .r:~GL;JiJ}\ f I ;;jji [" ''" >, "",,/ , "'''''- '. " , ,..,", / / / / / CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14, 2006 SUBJECT: RAILROAD CANYON ROAD SLOPE REPAIR PROJECT - INSPECTION SERVICES BACKGROUND A slope failure occurred in February 2005 just west of the eastbound travel lanes on Railroad Canyon Road. A lane closure and temporary fencing was installed to detour traffic and provide a buffer from further slides whilc a pcrmancnt solution was dctcrmincd. Considering this, plans for thc rockslidc rcpair and debris fcncing werc completed. However, since Staff was concerned that the solution presented a potential threat, Staff sought a second opinion from Kane Geotechnical. Kane Geotechnical was asked to I) evaluate the slope, 2) identify any threats of slope failure and 3) dcsign a protcction system for this area. Their solution was to construct a high energy protection system at the upper and lower areas of risk located on the face of slope. DISCUSSION Based on the localizcd rockslide, a number of repair methods were considered. In the final analysis, the geotechnical consultant recommended a combination of mid- level and lower catchment fences, rock bolting and horizontal drain installation. The estimated cost, including other administrative costs, was $650,000. As you know, the adopted FY 2006 budget for Railroad Canyon Road Slope Repair is $465,000. In consultation with the geotechnical consultant, and in consideration of the performance of the slope over the past year, the original scope of work was revised moM NO. ^,jj~..~~, 3 REPORT TO CITY COUNCIL NOVEMBER 14,2006 PAGE 2 to construct two catchment fences and rock-scaling only. The consultant indicated the rockslide facing has stabilized, however to provide additional protection to the public, a "catchment fencing system" is needed and should be installed. The cost estimate of the reduced scope of work is $300,000. Because of the nature of the work, Staff decided that a professional with geotcchnical expertise would be necessary to oversee the implementation of the new plan. Because of thcir expertise in the fJeld, Kane Geotechnical Incorporated was the successful candidate. FISCAL IMPACT In Fiscal Year 2006, $465,000 was programmed for Railroad Canyon Road Slope Repair. An amount of $88,000 has been expended in remedial repairs, soil reports and interim roadway protection on Railroad Canyon Road. Staff requested and received Kane Geotechnical Incorporated's proposal of $26,500 to oversee the construction as the City's expert inspector, attend meetings and prepare as-built drawings for the project. There are sufficient funds in the original project budget for this service. RECOMMENDA nON I. Direct Staff to process a professional services agreement with Kane Geotechnical Incorporated. 2. Direct Staff to process a purchase order for inspection duties on the Railroad Canyon Road Slope Repair Project for an amount not to exceed $26,500. PREPARED BY: DA VID S. SOLOMON, PROJECT ENGINEER KEN A. SEUMALO, CITY ENGINEER ~0 REVIEWED BY: Attachement: " -/cITY MANA Vicinity Map APPROVED FOR AGENDA BY: . ....." -,'C' lJl I ! i-:h'~ ;{ ~, """,. ,\~,,:"''''.~-"'~, :3 "" ~~ 1- ~ \ ~-".- :rl' ~ff1.. rJ' ""," ,,' l'~,e'l ,.. /'--- ~/-... . I ,/'........ \. J ',,-j .) I - ~-:::-;:,.~9;:':::-=:::::~"'::._ - .--....'....--....---......---.....-..---. .----..----..- o 75 750 1,500 Feel RAILROAD CANYON ROAD SLO~E REPAIR .+ GUv Of Lako Elsinore 1:10 S. Mnin 81. 'olIk. ('-Inoto, CA 92530 (f1t'i1)f114-3124 www.lf.lke-nllllnore.org PROJECT ID NUMBER: STR-0019 PROJECT NUMBER: -"'" uIleEls""'GIS A'T'>:)' n>c..' "0::"'" II >_~:,'_:""'j,. J\ ',,:';j','j f"(l\ g,~_.,,__ ~COUl'lfyGIS P!\GE".2_.._.~:::-~:: ~"~~ ...=. -~.- :._"'~- 44 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14, 2006 SUBJECT: CORRECTED RESOLUTION NO. 2006-162 COMMENCING PROCEEDINGS TO ANNEX TERIUTORYDESCRIBED AS ANNEXATION NO. 77 APPLICANT: CITY OF LAKE ELSINORE PROJECT REQUEST The applicant rcqucsts approval of Resolution No. 2006-162 [CORRECTED nunc pro tunc]. BACKGROUND At their regular meeting of September 26, 2006, the City Council approved and adopted one Ordinance and three Resolutions associated with Annexation No. 77. Resolution No. 2006-162 was a resolution that commenced proceedings to annex the subject territory into the corporate boundaries of the City. Riverside Local Agency Formation Commission ("LAFCO") has reviewed Resolution No. 2006-162 and has requested that the resolution be modified to include specifi.c language directing LAFCO to commence annexation proceedings. DISCUSSION On October 25, 2006, the applicant submitted an annexation Application Packet to LAFCO for Annexation No. 77. Upon reviewing Resolution No. 2006-162, LAFCO noted that the Resolution did not include the following express language directing LAFCO to commence annexation proceedings: "That LAFCO take proceedings for the annexation of territory described in Exhibit A, according to the terms and conditions stated above lmd in the manncr provided by the Cortese-Knox Act." MENDA ITEM NO_. /;;. -- PACE~_Of-.....J'f_ REPORT TO CITY COUNCIL NOVEM.B.ER 14, 2006 PAGE20F2 Based upon LAFCO' s request, Staff corrected Resolution 2006-162 to include the specific language directing LAFCO to corrunence annexation proceedings for Annexation No. 77. Adding the language requested by LAFCO is consistent with the City Council's approval. This is a clerical change. Therefore, Resolution No. 2006- 162 will retain the same numbering but be published in the City's official records as: "Resolution No. 2006-162 [CORRECTED nunc pro tunc]. In light of the information received regarding Annexation No. 77, Staff questioned whether the resolutions corrunencing proceedings for three other recently approved annexations (Annexation 76, 78 and Canyon Hills Estates) were sufficient. LAFCO has confirmed that those Resolutions are sufficient and no modification is necessary. Annexation No. 77 is a City-initiated annexation requiring that Resolution 2006-162 include the express language directing LAFCO to COrrunence annexation proceedings. In contrast, Annexation Nos. 76 and 78 and the Canyon Hills Estates Annexation are property-owner initiated and the Resolutions adopted to corrunence annexation proceedings for those projects are sufficient. RECOMMENDATION Approve Resolution No. 2006-162 [CORRECTED nunc pro tunc]. PREPARED BY: LINDA M. MILLER, AICP PROJECT PLANNER APPROVlm [<'OR AGENDA BY: ATTACHMENTS: 1. Vicinity Map 2. City Council Resolution No. 2006-162 [CORRECTED nunc pro tunc] for approval to COrrunence with proceedings for the properties described in Annexation No. 77. 3. Exhibit "A" -. Properties described in Annexation No. 77. A'''"''V ...~ . ";: I n y"",,/\ ITr.M Nv..~-;".~,~,." PAC!: Z. OF ('-I ~ - ~--... \ l.! ~" i , I , , , , ; \ ~ ~ !_,_,~,~ I i 'i\\, ~ ',[\:\"~ , , II "\ I , +. '~ ~ " <( " ~ ~ ' ; I ~ I i~ ~ ~'''''''--'''''_''_II'''''_''-'I_II_II_II''''( E ' ~ "i ~." . .~ I ~ tl i ~ ~ ~ i ~ I I -- l' >- .i.".'''.'_II....11 I I ~ c ~ r \~ ~... " ~. " [i" I " r ~. "')' , 'I 1 I 1)1 " I Ii #' , , I // I :f"/ " ' , ' /'/ <<~'s: <1Z 0 "0 Q) c: 1<= 0 :g ~ Z !E '" - - 0 . ._~_z., ro ...; 11. lL o c: 0 o '" ~ 0 Q) ~ i::' c: ro ~ ~ 0.. c: 'C Cti :;l Q) c: o '" g co 8. 'i5 ~ e 'C (.) 11. <( ._~~::~'-~. C\ ~"\ ~\, 1),.. 'I~~\ ",A..\"""". (,,)" ' ~~\,:.-,~~: ~(:~. 'f \. ~ ~ ~ '~:':~{ /:~ '-1 \ ~, 8 .~ \,1 ~ ~ " ~ o ~ ~ ~ ~ .', \ '. i', ' j ~ ~ ~~ ~ ,";a ~~~ !I~~ 1~:!~fH ah8d ~ 1''X'J! ~!.i~l C::(7 ~ r i I I I .... .... ci z z o ~ z z <( g .!~ ~ ~1Il <( e '.qiiU><tg ~:i ~~]j ~ ,"~~ % ~ \lffi'''' ~Vl..;;!; "g." ! cJ,...:Je '. EXHIBIT A LAFCO 2005- ____ ANNEXATION TO THE CITY OF LAKE ELSINORE SHEET INDEX MAP I SHEET 1 OF 6 SHEETS SEE SHEET 2 -1 MISSOURI TR >- l::j 0 500' 1000' 0:: Iii 1"=500' - ANNEXA TlON BOUNDARY - - - EXISTING CITY BOUNDARY w '" Vi BEING A PORTION OF SECTIONS ~ 28 AND 29 T.5S., RAW. S.B.M. IE IN THE COUNTY OF RIVERSIDE, STA TE OF CALIFORNIA. "" ,""'" "'.00 """.""" I OR LESS. ~4> ~ ._~ CRUMPTON ROil. Iii ~ 8 ~-- is:: ~ :i --I!!iii '-' I? SEE SHEET 3 WEST LINE SECTION 28 T5S-R4W SEE SHEET 6 '---- WALLING ROAD I ~~~ -::--...,.c.COUNTRY DR SEE SHEET 5 TRELLIS LN ~ I AGENDA ITEM NO..._ /2" ___ PACE_..::!.._OF ~:L.~ EXHIBIT A LAFCO 2005- --ANNEXA llON TO THE cm OF LAKE ELSINORE CITY OF LAKE ELSINORE NOO'41'50'E 1327.20' COUNTY a RIVE:RSlDE SHEET 2 OF 6 SHEETS I Q) :J (J] <D(J] ....0 "" 0 Z " \D ...J ~ ~ @I.l OU~~ 8 u o<r-.oo..... o ...J F- 'l:t ...... ..q- '" >- . (J'o "" C]'\ r-. -'::c v V' McUW~ (Y) ;D w ~ ~ m ~ 11:: !&l ~ ~ ~ ~ ~ ~ a t). ~ (\'j) I" a . a U v <t 0'> 0'> v v M -@ID (\j~ v@!J ~ If1 (\'j) - - a a . ~ au aU o<t ~<t '<t 0'>" @!] 0'>..... V" ~ ~r--; M' (\j @b (\j (')"" - a '" . o U '<t<t 0'>,... v..... (') . (\.1 ~ "" o . o U ~<!: 0'>_ '<t1J") (Y") nj A m <0 ...; 00 m '" "' N N o ...1 . a U g<t '<t_ O'>O'> v . MV - - . a U a<!: <:) v'" 0'>", V-.;J: (') (\/ a u a<t o 1i'o'<t0'> 0'>'" v . (')'<t ?;: . m N ~ m 00 <I) LU o '" o <:> OLl ~o: "<t.cu "'. If) cu o o '" U vo: "'", Vcu l'l. c;</' '" 00 Z > ------ru------- (\J o g U vO: "'.... Vln (').--. ..... ~ u o '" o a; OJ ,v (") cu l'l gu~oooo 00: ~. "'''I .", (") '" <:>. Ou 00: o "''' "'''' o "(Ji . 00'3905 W 462.05 a gv 00: "'Ill ~~ (') (') o o . ow v'" ~<\! '" N'L Y LINE OF THE S'L Y 432' Of lOT 8 PER RS 83/85 ~ ~ ~~ ~ 11:::l5 !:c! ~~ :s ~~ ~ ileg'" 00 ~ Z ~ ~I ~II I~ '" Ou g<t ~CXl 0'>"< ....'" (") ~i ~ ~~~ g;j~~ 30 60' .... (Y)lj g<t <:) ""0 ~M (") -.- O 1 DO' 200' NOO'J9'48"E 1"=200' 13P,S9'-: ACE~82'~lJifo__1:5.2:99....._. . 5 I ANNEXATION BOUNDARY EX1SllNG CITY aOUNDARY ---_._~._~ I Bilwct :r 111111111111111 C~.UMPTON ROAO ----- ?.t mOl "" (0 ~~ . m m~ OJ, Vl~~ 11-11-111- ~ ~ . ~ ~8 ~~ ijjf* R- ~B ? ls ::s~ ~ ~ l,o... ... 0::; 00 ~ ~ ~ ~ t3 ___"_______ EXHIBIT A \ LAFeO 2005- ----ANNEXATION TO THE CITY OF LAKE ELS1NORE ..- <'l '0 Vo <1:0 ... 00' 0..- (Ti<'l WEST UNE SECTION 28 T5S-R4W L. SHEET .3 OF 6 SHEETS '-.. CITY OF LAKE ELSINORE NOO'3912 E 461.99 COUNTY OF RIVERSIDE If] t--- V 0 <I: 8 ~ (\.1 t--- ('1..- ru<'l -:s:- 'C\ ~ ~ . -. Vt--- <1:0 o co;:: <'It--- nJ~ ". t--- ..- _ 0 aU S c\j<X r:::: 'NTY OF RIVERSIDe;$; L NG DAD SOl'08'34"W 782.04' CITY OF LAKe eLSINORe 'ct> r-. '0> '0"" ".,11 . -' '" o. .'" Ul< ",\\0 <:l~ U> ~ 1\ ex: it 0-- 1327.59'- NOO'39' 48"E ". ~ gu ~<I: r:::lf] ..- M <'l ~ a U a ~ <t ~ .... 0 ..- <'l ~ <'l U <'l 0 <[ a ~ (J'> ~ t--- "1 (\J ..- -, <'l (\J ~ a U a ~ <I: ~ .... a " ~ (') CENTERLINE HIGHWAY 74 DESCRIBED PER ANNEXA 1l0N NO. 27, AREA 1 ANNEXATION BOUNDARY EXISTING CITY BOUNDARY II II 11..11 11l1li ~ ~ a U S <[ ~ .... a " ~ (') RY t---. t---o 0<( o ~'" r:::N ..- ,., OJ . o <J 0<( 0(0 ~,., ~ . ....,., ""~NOA 1 N;;_J2._~ "'"' I 'f I'ACc__"-.__OF ~-----' -~ ' o 100' 200' 1"=200' ~ i--~ fo'1 ....'" .~g "',... ~ , EXHIBIT A LAFCO 2005- ---ANNEXA 1l0N TO THE CITY OF LAKE ElSINORE -", <r '" ANNEXA T10N . <j BOUNDARY ~ ~ EXISllNG CITY .111111111111 -'1:,_., BOUNDARY '.it <'"". _AI.. '1.:'.-- _",...IE -~ o l":~~O' 200' ~ \0- ----- -----"'o>y i:f", <s. (J. -?94. \ '(1) '. 'C> '0"" ".," . ..) '" o. .'" "'..... \\0 ""..... If) ..... II '" , '6~ S~ ;;:: . . '::tt6 .~g !:-II'-- '0\ CENTERLINE HIGHWAY 74 DESCRIBED PER ANNEXA nON NO. 27, AREA 1 SHEET 4 OF 6 SHEETS (\1 ~ o U S <( ~ " 0 ... ~ (') (') U ~ <( o ~(J'o ;::: If) ... -' (") '" ~ ." '" u S <( ~ " 0 ... ~ (') COUI! DR .... . ...." 0< o ~ co ~ . ....N v ..., o .... . o U 0<1: ~ ~(J'o "0 ... . (')'" tR d 8<( -" r:::. ...: vN ..., <Xl . 8: -..., r::.f"i ... ..., " l'3 ti 0<( ~ -.... ~~ ...,N en . on " 0<( o -" - 0 .... . ...N ..., v . on " 0<( :;:>..., ~..., .... . vN ..., -. ---- Cl -APEX WAY-"'-- '" ....J W Z co <.J t:;<( 0", -N r:::c-J v ..., ,... ... . 8~ :::~ ,... . vN ..., ~ . 0'-' 0<( :::co ,...m v . ...,~ 0> . ... '-' 8< :::~ .... . vN .., 'DE TRELLIS LN SOO'33'21'W 1287.72'- CITY OF LAKE ELSINORE AGENDA lTEM NO,_. I 2.._- PAr:/f.J._,OF._J.:i_ EXHIBIT A LAFeo 2005---.ANNEXAll0N TO mE CITY or LAKE ELSINORE SHEET 5 Of" 6 SHEETs ANNEXATION (\J - BOUNDARY 0 cj 0 - <1: EXISTING CITY 111111111111111111 - I'- 0 BOUNDARY '<,j" - <"l - - --.- :::: t 0 u 0 0 100' 200' .._~ <( - I'- 0 1"=200' '<,j" .~ (") 347110033 21.59 Ac. COUNTRY DR o - o U ~ <[ - ~ In <"l " o I'- . o U o<{ - -(1'> "0 '<,j" . (")(\J -- '" ~ (j 0<( -r-- r::--: '<,j"N l') -----------~-------- <0 ~ cS S! < ~ ~ l') m . '" u 0< a -r-- - a r-- . .,. N ,.., .,. . ~~ $?", - '" r-- . .,.N ,.., Cl '" 1------_. -' GJ z ~- - 0EX WAY r-- m U ~ 0 co m <0 <( 0< .,. . Cl;.:;i 0 o u $? co - - 0<( -N a ,.., r--. -<0 :::~ ;::: N "'N ;:::m .,. ,.., r-- . .,. . "'<'4 '" ,..,- l') COUN71r 01- RIVERSlOE ~ TREWS bf - SOO'33'21"W 1287 72' CITY OF LAKE D.S1NORE '" .,. d g <( - <D ;::: 0 .,. N ,.., I-- _ __ -------,.- _ 1:> o en '" <0 <'4 w . '" '" ;.-, .... en ~ ffi I ~ ~ ~ ~ ~ ~ :s ~ ~ ~ (J ~) ----- . IACENDA ITEM NO.--11:-:-__~. PACEL_OF ---L'L___ EXHIBIT A LAFCO 2005- ---"NNEXA nON TO THE CITY OF LAKE ELSINORE SHEET 6 OF 6 SHEETS I 0 ~ @iJ . @J 60' 0 - (l;i) --., --.. --'-'" - 30 0 @ ~ IF' @ w ~I~ ...... Il1i - !ill ~ <;2 iljw 0 @ WEST UNE SECTION 28 > Iii: '" ~ T5S-R4W CITY OF LAKE El.SlNORE..~ 1'\ .l ~ 0 CRUMPTON ROAO - "- COUNTY OF RIVERSlDc NOO'39' 48"E 1327.59' -.7 ~.~ \ m ... ~ ~ C> U gu 0 ~ <( ~<t ~ ~ "- 0 Cj:m ... m M a M oi n <0 --. --... '" (") w ~ 10 a U !" 0 ::: <C ~ "'0 '" ;;; ~ co '" --- -~-,--_. ANNEXATION t\J ~ ~ ~ BOUNDARY 0 U C> ~ ~ ~ <( EXISTING CITY 1111I1111111I11111 ~ '" '" BOUNDARY ... ~ (") is: Ii:! ~ -...' - ~ ~ ~ ~ ~ -. ~ tl ~ C> u I '" 0 100' 200' ~ <t ~ , '" C> 1"=200' ... - C') -- I " Tail NO. - li.GENOA I .J2.- PA01;.~.._(lf .,.L~L.. Map Check Record: H:\00102\Planning\Maps\MapCheck\ANNEXATION-BOUNDARY-2.cgc Date: 08/30/05 10:47:56 AM Date Created: 08/29/05 4:09:03 PM By: Gordone T~tle: ANNEX BNDY -PART 2 Crs Bearing Distance Northing Easting Starting Coordinates 205896.2178 251063.7839 1. N 88049'53" W 732.32 205911.1532 250331. 6162 2. S 01008'34" W 782.04 205129.2688 250316.0193 3. S 67015'17" W 341.17 204997.3605 250001.3811 N 22044'43" W RAn 1510.16 4. +15005'30" L= 397.78 T= 200.05 206390.0797 249417.5005 S 07039'13" E RAn 1510.16 204893.3732 249618.6293 5. 8 82'20'47" W 750.63 204793.4014 248874.6864 S 07'39'13" E RAn 716.78 6. -34005'09" L= 426:42 T= 219.73 204083.0069 248970.1499 N 41044'22" W RAn 716.78 204617.8539 248492.9578 7. S 48017'2:511 W 115.41 204541.0650 248406.8013 8. S 00033'21" W 1287.72 203253.4056 248394.3091 9. S 89043'5511 E 2639.00 203241. 0592 251033.2803 10. N 00039148" E 1327.59 204568.5602 251048.6499 11. N 000.39'12" E 461.99 205030.5202 251053.9178 12. N 89045'1111 E 660.96 205033.3689 251714.8716 13. 8 00039'05/1 W 462.05 204571.3488 251709.6188 14. N 89045'30" E 1322.56 204576.9272 253032.1670 15. N 00040'00" E 1327.18 205904.0173 253047.6091. 16. B 8904612911 W 1983.84 205896.2172 251063.7844 Ending Coordinates 205896.2178 251063.7839 ERROR OF CI,oBURE Delta N Delta E N 41053'22" W 0.001 0.0006 -0.0005 One part in 19558454 sq ft, Perimeter = 15018.66 ft; Area = 7361703.82 169.001 Acres 1 AGeNDA iTEM NO._J...k__ PACE 10 of -1..':1...._ RESOUJTION NO. 2006-162 [CORRECTED nunc pro tunc] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA COMMENCING PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 77 INTO THE CORPORATE BOUNDARIES OF. THE CITY OF LAKE ELSINORE WHEREAS, the City of Lake Elsinore (the "City") has initiated proceedings to annex into the City's boundaries approximately one hundred fifty- four (154) acres ofland which is located adjacent to State Route 74, East of Trellis Lane ("Annexation No. 77"), and which is presently within the jurisdiction of the county of Riverside but within the City's Sphere ofInfluence; and WHEREAS, Annexation No. 77 is being processed pursuant to the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Cal. Gov. Code ~~ 56000 et seq.: "Cortese-Knox Act"); and WHEREAS, in accordance with the Cortese-Knox Act, and as a condition of the proposed annexation, the City of Lake Elsinore has initiated Pre-Zoning No. 2006-04 for Annexation No. 77; and WHEREAS, pursuant to the Califomia Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.), Mitigated Negative Declaration No. 2005- 12 was prepared to mitigate to a level of insignifi.cance any potentially significant environmental effects presented by Annexation No. 77; and WHEREAS, the Planning Commission opened the public hearing on Annexation No. 77 at a duly noticed public hearing on August 1, 2006; and WHEREAS, in response to the public comments shared at the August I, 2006 meeting, the Plalming Commission voted to continue the public hearing on Annexation No. 77 until the regularly scheduled meeting of September 19,2006; and MENDA ITEM PI\CE-1!..-..CF .2):L_~. CITY COUNCIL RESOLUTION NO. 2006-162 [CORRECTED nunc pro tunc]. PAGE 2 OF 4 WHEREAS, on September 19, 2006, the Planning Commission considered additional evidence presented by the Community Development Department and other interested parties with regard to the annexation application; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 26, 2006; and WHEREAS, on or about October 30, 2006, the Riverside Local Agency Formation Commission ("LAFCO") requested that the City of Lake Elsinore correct its originally adopted version of Resolution No. 2006-162 to include language directing LAFCO to commence proceedings to annex the subject territory into the City's boundaries; and WHEREAS, Resolution No. 2006-162 has been corrected nunc pro tunc to include language in Section 4 consistent with the City Council's action requesting that LAFCO commence proceedings to annex the subject tenitory into the City's boundaries. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Annexation prior to making its decision. The City Council adopts Mitigated Negative Declaration No. 2006-04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with the Cortese-Knox Act, State Planning and Zoning law, and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Annexation No. 77: /!lI.:i"ENOA!TEM PAGE_ll::-OfH.1':L.- CITY COUNCIL RESOLUTION NO. 2006-162 [CORRECTED nunc pro tunc]. PAGE 3 OF 4 1. The proposed annexation area is contiguous to the City of Lake Elsinorc and will not create pockets or islands. Annexation No. 77 borders the City and is within its Sphere of Influence. The annexation proposes reasonable extension of the city boundary area in that the annexation of the proposed parcels will eliminate a pocket area. 2. The proposed anncxation will not result III any adverse signifLcant impacts on the environment. Based upon the mitigation measures contained in Mitigated Negative Declaration No. 2005-12 and the conditions of approval attached to the Staff Report, all potentially significant environmental impacts presented by Annexation No. 77 will be mitigated to a level of insignificance in satisfaction of the requirements of CEQA. 3. The proposed annexation will eliminate an existing undesired pocket of the county area and will assist in the efficient provision of government servIces. The 154 acres of land proposed for annexation are presently within the jurisdiction of the County of Riverside. The land which makes-up Annexation No. 77 is flanked on all sides by the City of Lake Elsinore '.I' corporate boundaries. The current configuration creates a pocket area of land which is within the County of Riverside but which would be more effectively serviced by resources available through the City. Annexation of the 154 acres of land into the City will eliminate the undesired pocket area. SECTION 3. That LAFCO take proceedings for the annexation of territory described in Exhibit A, according to the tenns and conditions stated abovc and in the manner provided by the Cortese-Knox Act. SECTION 4. This Resolution No. 2006-162 [Corrected nunc pro tunc] shall retain its effective date of September 26, 2006, the date of its original passage and adoption. CITY COUNCIL RESOLUTION NO. 2006-162 [CORRECTED nunc pro tunc]. PAGE40F4 PASSED, APPROVED AND ADOPTED this fourteenth day of November 2006 nunc pro tunc as of the twenty-sixth day of September 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: . Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: ----," Barbara Zeid Leibold, City Attorney City of Lake Elsinore t,C~NDA iYEI,! J PAGE...L':L.00 I <"'", CITY OF LAKF~ ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRWOMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14, 2006 SUBJECT: CONSIDERATION OF COMMERCIAL DESIGN REVIEW NO. 2006-02 FOR THE PROJECT KNOWN AS "CANYON ESTATES PROFESSIONAL OFFICE BUILDING COMPLEX". APPLICANT: ARCHITECTURAL TEAM THREE (ATTN: LON BIKE) LOCATION: The project lies within Area A of Redevelopment Project Area No. 2, more specifically on the south side of Canyon Estates Drive and west of Summerhill Drive (APN 363-670-009). REQUEST The applicant requests approval of: . Commercial Design Review No. 2006-02 & Tentative Condominium Tract Map No. 34864. The applicant is requesting Design Review and Tentative Tract Map consideration for the design and construction of a two-story, 14,500 square-foot professional office condominium building and related improvements pursuant to the applicable chapters of the Canyon Creek "Summerhill" Specific Plan and Lake Elsinore Municipal Code (LEMC). BACKGROUND At a regularly scheduled meeting of October 17, 2006, the Planning Commi,ssion adopted Resolution No. 2006-114 recommending Findings of Consistency with the Multi-Species Habitat Conservation Plan to the City Council. In addition, the Planning Commission adopted Resolution Nos. 2006-115 & 2006-116 recommending City Council approval ofComrnercial Design Review No. 2006-02 to design and construct AGENDP, ITEM NO, PACE I ?1 or. So REPORT TO THE CITY COUNCIL NOVEMBER 14, 2006 PAGE 2 OF 3 the proposed professional office building and Tentative Tract Map No. 34864 for condominium purposes. DISCUSSION The project was initially considered by the Planning Commission at their October 3, 2006 meeting and was continued to October 17, 2006 after the applicant contested six of the recommended conditions of approval. Issues centered on the following; I) Need for a reciprocal access and parking agreement with the Washington Mutual parcel to the north; 2) Annexation into Mello-Roos Community Services District No. 2006-05; 3) Annexation into Lighting and Landscape Maintenance District No. I; 4) Cost sharing with surrounding property owners for street signage and striping, right-in/right- out median at Canyon Estates Drive and relocation of streetlight on Canyon Estates Drive. The applicable department staff associated with each condition worked with the applicant to achieve an acceptable agreement to all the above issues whereby the applicant has now agreed to comply with all conditions of approval. The majority of the Planning Commission was pleased with the proposed use, design and architecture. However Commissioner Mendoza indicated that he could not support the project, siting concerns with the scale of the project and potential traffic impacts. Subsequently, the Commission voted to approve the project on a four to onc votc with Commissioner Mendoza voting no. FISCAL IMPACT The professional office development will have a positive fiscal impact on the community and the City in that the proposed use will cxpand the availability of professional job opportunities for the surrounding area. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions: I. City Council Resolution No. 2006-.~~~maldng Findings of Consistency with the Multi-Species Habitat Conservation Plan. AOENCP.ITE1\i ~!O...2..L PACE rl __o~ <S"o - REPORT TO THE CITY COUNCIL NOVEMBER 14, 2006 PAGE 3 01<'3 2. City Council Resolution No. 2006-1~6approving Commercial Design Review No. 2006-02. 3. City Council Resolution No. 2006-\ \\ iiapproving Tentative Condominium Tract Map No. 34864. Staff recommends that the Agency Board concur with the City Council adoption of Resolution No. 2006- 1i'5'\making Findings of Consistency with the Multi-Species Habitat Conservation Plan, Resolution No. 2006-J!:5approving Commercial Design Review No. 2006-02 and Resolution No. 2006- \21() approving Tentative Condominium Tract Map No. 34864. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED FOR AGENDA BY: CI ATTACHMENTS 1. Vicinity Map. 2. City Council Conditions of Approval 3. City Council Resolution No. 2006-\~'1, making Findings of Consistency with the MSHCP. 4 City Council Resolution No. 2006-\~i;, approving Commercial Design Review No. 2006-02. 5. City Council Resolution No. 2006-i(\'(~ approving Tentative Condominium Tract Map No. 34864. 6. Planning Commission Staff Report and Resolutions from the October 3, 2006 Meeting. 7. Planning Commission Staff Report from the October 17, 2006 Meeting 8. Minutes from October 3, 2006 Planning Commission Meeting. 9. Minutes from October 17, 2006 Planning Commission Meeting 10. Full-Size Project Plans. AOEr.op. Imii NO.... '~.l.__ PAO::....2.._0F ....50 _ VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2006-02 TENTATIVE CONDO TRACT MAP NO. 34864 __l~_j '~, "'. ',- '-'-, .----...- ..---- ~- -- 0:: -~.-o L----/ :;;j "~------=~--------------------ffi-- -----.'.'----, ! _.-- ~ -.----.--..-.-.-----. - :::l rn /'{s \ AGENDA ITEM NO_ Q t PAcE....LO!' 50 CONDITIONS OF APPROVAL .FOR COMMERICAL DESIGN REVIEW NO. 2006-02 & TENTATIVE CONDOMINIUM TRACT MAP NO. 34864 FOR . -eJ{QF'F;SSIQNAJ.,QFF'Ic:ECQNPOl\1~NIUMS .' < .' PLANNING General Conditions: 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold hannless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Applicant shall comply with all mitigation measures associated with the Environmental Impact Report for the Canyon Creek Specific Plan and Mitigated Negative Declaration for Canyon Creek "Summerhill" Specific Plan Amendment No. 1 as applicable. 3. The applicant shall deliver to the Planning DCl'artment a cashier's check or money order made payable to the Riverside County Clerk in the amount of $1,314.00 to enable the City to file the Notice of Determination. Said filing fec shall be provided to thc City within 48 hours ofprojeet approval. 4. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. IICENO;'. ITEM NO.....2 -h- PAOE 5 .01'. $0 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 2 of 13 Tentative Condominium Tract Map No. 34864 5. Tentative Condominium Tract Map No. 34864 will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 6. The Tentative Condominium Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 7. Prior to Certificate of occupancy, the applicant shall prepare and record CC&R's against the office condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, the CC&R's shall stipulate that employees of office suites are prohibited from parking within the row of onsite parking spaces located directly adjacent to the building. 8. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or office units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. The recorded CC&R's shall establish the City of Lake Elsinore an expressed third party beneficiary. The City shall have the right, but not the obligation to enforce the CC&R's. The developer shall submit evidence of compliance with this requirement to, Agenda '2 \ page~ Of-5E CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 3 of 13 and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 9. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project 10. Membership in the Office Owner's Association shall be mandatory for each buyer and any successive buyer. II. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) office owner's association with common area for the total development of the subject project 12. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 13. Each office unit owner shall have full access to commonly owned areas, facilities and utilities. Commercial Design Review No. 2006-02 14. Approval for Commercial Design Review No. 2006-02 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 15. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. Agenda.-2.L Pag.lof 50 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 4 of 13 16. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 18. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 19. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 20. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 21. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building. 22. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 23. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 24. No exterior roofIadders shall be permitted. 25. All exterior downspouts shall be concealed within the building. Agenda 2. \ page~Of 50 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 5 of 13 26. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall r~quire a cash bond processed through the Planning Division. 27. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Field Color Dunn Edwards DE 127 "Tan" Field Color Dunn Edwards DE 130 "Light Tan" Field Color Dunn Edwards DE 136 "Medium Tan" Accent Color Dunn Edwards "Forest Green" Roofing U.S. Tiles, EI Camino Blend Storefront To Match PPG Green Glass 28. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 29. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 30. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit: 3 I. Prior to issuance of any grading permit or building pem1its, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. Ag'nd.--2_L pag'~Of~ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 6 of 13 32. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. c. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. f. Final landscape plans to include planting and irrigation details. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Thirty percent (30%) of shrubs required on slopes shall be five-gallon container size. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. Agenda -2 \. P,ge~ Of...5:G CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 7 of 13 1. All landscaping and irrigation sha.ll be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. j. The Queen Palm trees proposed to be planted adjacent to side building elevations shall have a minimum of IS-feet of brown trunk height as measured from the finished grade. Final landscape plan shall be revised accordingly. 33. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 34. The architectural site plan shall be revised to eliminate the employee parking (EP) symbols within the row of nineteen parking spaces within the interior of the onsite parking lot. ENGINEERING DIVISION General Requirements: 35. 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. 36. Prior to commencement of grading operations, applicant to provide to the City 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. 37. All grading shall be done under the supervIsion of a geotechnical engineer. The engineer shall certify all slopes steeper than 2 to I for stability and proper erosion control. A,'nd'~~ p",lL- Of-5.Q, CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 8 of 13 38. An Encroachment Permit shall be obtained prior to any work within City right-of-way. 39. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 40. 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. 41. The applicant shall pay all applicable development impact/mitigation fees, including but not all inclusive: TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. 42. Ten 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 is exceeded, drainage facilities shall be provided. 43. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x II" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 44. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 45. On-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. 46. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. AgC11da~l,,---- Poge '~of~ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 9 of 13 47. Roof drains shall not be allowed to outlet directly through coring in the street curb. 48. Roofs should drain to a landscaped area. 49. All open space, slopes, drainage systems, except for public parks and schools and flood control district facilities, located outside of the public right-of-way shall be owned and maintained by property owner's association. 50. The applicant shall comply with all NPDES requirements in effect; including the submittal ofa Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 51. 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. This includes 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 52. If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that shows proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 53. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. Agenda~ ~ Page (3 Of~ 1 \ CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO. 2006-02 Page 10 of 13 54. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 55. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 56. The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 57. The applicant shall 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. 58. The applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on-site or off-site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner. 59. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 60. The applicant shall submit a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 61. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for '2i Agenda_ "--- pageflOf --.5:0 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 11 of 13 the development and including maintenance responsibilities. 62. Reciprocal access (agreement) shall be granted to all parcels within this site. 63. All existing and proposed easements and dedications shall be properly noted in the grading plan. Prior to Issuance of Building Permit 64. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit 65. 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. 66. The applicant shall pay all and Plan Check fees and Capital Improvement Impact Mitigation Fees - TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. Prior to Occupancy 67. All compaction reports, grade/elevation certifications, monument certifications (with tie notes delineated on 8 1/2" x II" Mylar) shall be submitted to the Engineering Division. 68. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 69. All traffic signing/striping and access controls for on-site and offsite shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. :2.[ Agenda P'g' L5 of 5"0 CONDITIONS OF APPROVAL COMMERlCAL DESIGN REVIEW NO. 2006-02 Page 12 of 13 70. Water and sewer improvements shall be completed in accordance with Water District requirements. 71. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 72. All public improvements shall be completed in accordance with the approved plans or as conditions of approval of this development to the satisfaction of the City Engineer. 73. The applicant shall complete the following tasks prior to issuance of Certificate of Occupancy: a. Complete revised signing and striping for Canyon Estates Drive, from Summerhill Drive to Ridgecrest Drive. b. Provide a right-in/right-out only with the installation of right- in/right out median at the driveway entrance on Canyon Estates Drive, opposite Boulder Vista Drive. c. Relocate the existing street light on Canyon Estates Drive, from approximately 30-feet east of the project driveway/Boulder Vista Drive to near the driveway entrance. Note: The developer shall coordinate with the Master Developer and/or affected property owners for the cost sharing of the mentioned improvements. The City may participate with the costs of the improvements with the approval of the City Engineer. COMMUNITY SERVICES DEPARTMENT 74. The applicant shall pay park fees of $0.10 per square foot for all interior commercial/industrial space (14,500 sq. ft. @ $0.10 = $1,450). 75. The applicant shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. Agend' :2. \ p,ge~of..50 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 13 of 13 RIVERSIDE COUNTY FIRE DEPARTMENT 76. The applicant shall comply with all Riverside County Fire Department conditions and standards. BUILDING AND SAFETY DIVISION 77. ADA Path of Travel to the public right-of-way shall be completed prior to issuance of Certificate of Occupancy. ADMINISTRATIVE SERVICES 78. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant 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 ofthe annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655- 3900 x334 or dandersonraJharris-assoc.com. Agenda 2-\ Page I ( Of-.5...0 RESOLUTION NO. 2006- \ '(;Ll A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS "CANYON ESTATES PROFESSIONAL OFFICE BUILDING" WHEREAS, Architectural Team Three, C/O Lon Bike, has submitted application for the project know as "Canyon Estates Professional Office Building" located on the south side of Canyon Estates Drive and west of Summerhill Drive; and WHEREAS, the application comprises the "project" as defined by California Public Resources Code Section 21065, which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the project has been found exempt from further environmental review in accordance with Califomia Public Resources Code, Article II, Section 15162; and WHEREAS, public notice of the project has been given, and the City Council has considcrcd evidencc presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 14,2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY 011' LAKE ELSINORE DOES HEREBYRESOL VE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the City Council makes the following findings for MSHCP consistency: AGENDA nE1>1 NO.. )/ PACE (8 -'0"_ So_ CITY COUNCIL RESOLUTION NO. 2006- PAGE 2 OF 5 MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the project is required to be reviewed for MSllCP consistency, including consistency with other "Plan Wide Requirements." The proposed project site lies within Criteria Cell #4647. However, based upon a verbal "common law vested rights agreement" between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Accordingly, the current proposed project would also be subject to this same agreement. City Planning Staff conducted a site reconnaissance survey to ensure that no issues could be raised regarding consistency with the MSCHP's other "Plan Wide Requirements". The only requirements potentially applicable to the proposed project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, S' 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, S' 4). The proposed project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparian/riverine areas or vernal pools. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the City exempted this site from the MSllCr> and therefore it was not processed through a Joint Project Review. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The proposed project was exempted from the MSHCP. Further, a site reconnaissance survey was conducted, and no riparian, riverine, vernal poollfairy shrimp habitat or other aquatic resources were identified on the proposed project site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable to the proposed project. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. ACENDA Il'EM NO._g~._ PACEj q 01' ,50 CITY COUNCIL RESOLUTION NO. 2006- PAGE 3 OF 5 The proposed project was exempted from the MSHCP. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are requiredfor the proposed project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the proposed project. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The proposed project was exempted from the MSHCP. Further, the MSHCP only requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSllCP. The project site is located outside of any Critical Area Species Survey Areas. Therefore, it can be concluded that the provisions as set forth in Section 6.3.2 of the MSHCP are not applicable to the proposed project. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The proposed project was exempted from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4 in the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The proposed project was exempted from the MSHCP. Further, the entire proposed project site has been rough-graded. There are no resources located on the project site requiring mapping as set forth in Section 6.3.1 of the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project was exempted from the MSHCP. Further, the project site is not within or adjacent to any MSllCP criteria or conservation areas. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions or approval are required. AGENDA ITEM NO. 2.1 PACE .;1,0 '~~F ~..5:,o CITY COUNCIL RESOLUTION NO. 2006- PAGE 4 OF 5 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10.The proposed project is consistent with the MSHCP. As stated in No. 1 above, the proposed project was exempted from the MSHCP based upon a "common law vested rights agreement" between the City and the previous landowner. That exemption continues to apply to the current proposed project. S.ECTlON 3. This Resolution shall take effect from and after thc date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 14th day of November, 2006, by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: .. Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Fredrick Ray, City Clerk City of Lake Elsinore AGENDA ITEM NC..~ I PAc"...cH._OF 50 CITY COUNCIL RESOLUTION NO. 2006- PAGE 5 OF 5 APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore nEM I'ACG~..~,-_OF..5Q__ RESOLUTION NO. 2006- I '('; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-02 :FOR A TWO-STORY PROFESSIONAL OFFICE BUILDING WITHIN THE CANYON CREEK "SUMMERHILL" SPECIFIC PLAN WHEREAS, Lon Bike, Architectural Team Three, has initiated proceedings for Commercial Design Review No. 2006-02 for the design and construction of a two-story professional office building with related improvements located at APN 363-670-009; and WHEREAS, the Planning Commission of the City of Lake Elsinore at regular meetings held on October 3, 2006 and October 17, 2006 made its report upon the desirability and made its recommendation in favor of the project by adopting Planning Commission Resolution No. 2006-115 Recommending to the City Council approval of Commercial Design Review No. 2006-02; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 14,2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed project prior to making a decision to approve Commercial Design Review No. 2006-02. The City Council finds and determines that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15162. SECTION 2. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of the Commercial Design Review No. 2006-02: 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number(s) 363-670-009 complies with the goals and objectives oj the General Plan and, Canyon Creek "Summerhill" Specific Plan in that the AGENDA lTlrIIl NO.._. ;; I PACE ;)1 .oF. 50 CITY COUNCIL RESOLUTION NO. 2006 - PAGE 2 OF 3 approval of this professional office building will assist in the creation of additional job opportunities within the community. Moreover, the project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversifY Lake Elsinore's economic base. 2. The project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number(s} 363-670-009 is appropriate to the site and surrounding developments in that the professional office building has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along the street. In addition, safe and efficient circulation has been achieved onsite. Further, the project, as proposed, will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects in that the applicant is providing a "Mediterranean" architectural design with various elements which serve to enhance the building. Moreover, a variety of materials and colors are proposed including decorative wrought iron accents, decorative light fIXtures and earth tone colors that serve to blend with surrounding developments and provide evidence ofa concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Commercial Design Review 2006-02, located at Assessor Parcel Number 363-670-009, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the project do not result in substantial change to the previously certified Canyon Creek "Summerhill" Specific Plan Mitigated Negative Declaration. Therefore, no additional environmental review is necessary for the proposed project pursuant to Section 15162. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure ACENDA ITE1\I\ NO.-2d.___ PACE .d.~_.oF___5Q._ CITY COUNCIL RESOLUTION NO. 2006 "_ PAGE30F3 development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the proposed Commercial Design Review located at Assessor Parcel Number(s) 363-670-009 has been scheduled for consideration and approval of the City Council. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSEU, APPROVEU ANn AUOPTEU this 14th day of November 2006, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS; ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: .. Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Fredrick Ray, City Clerk City of Lake Elsinore APPROVEU AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO~.2- i PACE.d5::_0!' -.5:9_ RESOLUTION NO. 2006- \ '(, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE CONDOMINIUM MAP NO. 34864 FOR "CANYON ESTATES PROFESSIONAL OFFICE BUILDING" AN OFFICE CONDOMINIUM TO BE LOCATED SOUTH OF CANYON ESTATES DRIVE AND WEST OF SUMMERHILL DRIVE WHEREAS, Architectural Team Three CIO Lon Bike, filed an application with the City of Lake Elsinore requesting the approval of Tentative Condominium Tract Map No. 34864 for the establishment of a office condominium building; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Tentative Condominium Maps for conunercial projects; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing hcld with respect to this item on November 14,2006. NOW, THEREI<'ORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Tentative Condominium Tract Map No. 34864 and has found it acceptable. The City Council finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Section(s) 66424 and 66427 of the California Government Code. SECTION 2. That in accordance with Government Code Sections 66424 and 66427 and LEMC Title 16 "Subdivisions", the City Council makes the following findings for the approval of the Tentative Condominium Map: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well- balanced and fUnctional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well as provides decent business opportunities and a satisfYing office environment. I AGENDA HEM ND.....::ZL._ PACE~..()F 50 .. CITY COUNCIL RESOLUTION NO. 2006-_ PAGE20F2 2. The effects this project is likely to have upon the economic needs of the region, the business requirements of its residents and the available fiscal and environmental resources have been considered and balanced. I The additional office spaces provided in association with the project will serve to enhance and improve the economic needs of the region and the business needs of the Lake Elsinore community by providing additional office space opportunities for local residents. 3. Subject to the attached coilditions of approval, the proposed project is not anticipated to result in any gil,'llificant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 14th day of November, 2006, by the following vote: AYES: NOES: , COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Fredrick Ray, City Clerk City of Lake Elsinore ACENDA I'rEM NO. '2..\ PACE ,;).. -L~Ol':...5o"- . CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 3, 2006 PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 & TENTATIVE CONDOMINIUM TRACT MAP NO. 34864 "CANYON ESTATES PROFESSIONAL OFFICE BUILDING COMPLEX" APPLICANT: ARCHITECTURAL TEAM THREE (ATTN: LON BIKE), 23905 CLINTON KEITH ROAD, SUITE 114, WILDOMAR CA 92595. OWNER: CANYON PLAZA PARTNERS LLC. (ATTN: BRETT KESHTKAR) PROJECT REOUEST The applicant is requesting Design Review consideration for the design and construction of a two-story 14,500 square-foot professional office building and an associated Tentative Tract Map for Condominium purposes on a .69 acre vacant site within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Review is pursuant to the Canyon Creek Specific Plan and Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code LEMC. PROJECT LOCATION The project site is located on the south side of Canyon Estates Drive and west of Summerhill Drive, Assessor Parcel Number 363-670-009. AGENDA ITEM ~ PAGE~OF5.9 PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 BACKGROUND The subject property, which consists of a previously graded and improved vacant pad, is located within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Since project submittal, staff has worked successfully with the applicant to achieve additional decorative elements and materials on the building, an entry courtyard effect through decorative paving improvements and the incorporation of additional planting along the building frontage. ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN LAND USE Project Vacant C-l/SP Site Neighborhood Canyon Creek Commercial "Summerhill" SDec~fic Plan Specific Plan North Commercial Bank C-l/SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Plan Specific Plan South Vacant C-l/SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Plan Specific Plan East Future Gas C-l/SP Canyon Creek Station/Car Wash Neighborhood "Summerhill" Commercial Specific Plan Specific Plan West Future Hotel/Medical C-l/SP Canyon Creek Office Neighborhood "Summerhill" Commercial Specific Plan SDecific Plan AGENDA ITEM 2L PAGEd- 9' OF 5Q PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 PROJECT DESCRIPTION The project site is located within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Section 020.B. of the Specific Plan allows professional offices as permitted uses. Sitinz The applicant is proposing to construct a two-story professional office building consisting offourteen (14) separate office units. The units are to be owned separately as office condominiums. The site has been previously graded and supplied with necessary improvements and utilities. The total footprint of the building is 7,250 square-feet and will cover approximately twenty-four percent (24%) of the site. Moreover, a floor area ratio (FAR) of thirty- five percent (35%) is proposed onsite. The remainder of the property will consist of onsite parking facilities and landscaping. Circulation and Parkinz Svace Lavout Two access points shall be provided offthe existing private loop road which connects to Canyon Estates Drive. Parking will be provided on the front side ofthe building and is accessed via two-way drive aisles. One of the drive aisles crosses the entire building frontage while the other drive aisle currently exists and will be shared with the Washington Mutual parking lot directly adjacent and to the north. An onsite trash enclosure and loading space has been provided at the northwest comer of the parking lot. Architecture The architectural style of the proposed office building is "Mediterranean" in accordance with the Canyon Creek "Summerhill" Specific Plan Architectural Design Guidelines. The front building elevation has been sufficiently articulated with a six- foot deep colonnade and decorative arches that covers the entry doors into the office units on the first floor. Second floor units are accessed from an uncovered walkway served by either a stairway at the ends of the building or an elevator at the center. In addition, arched tower elements are achieved at both the center and ends of the building which project (2) two additional feet off the building facade and serve to AGENDA ITEM -2l- PAGE.32- OF SQ PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 break-up the remainder of the roofline which is composed of parapet walls with a decorative cornice. The rear building elevation, which is visible from the adjacent loop road, has been articulated with two four-foot deep projections and decorative wood trellis elements on the ground floor. An arched tower element has been achieved at the center of the elevation to break-up the roofline. The side building elevations are also visible from the adjacent loop road, and have a variety of roof lines and decorative column elements to achieve interest. Architectural elements and building materials have been incorporated that further enhance the Mediterranean building style including a decorative stone veneer on column bases, wrought iron accents, projecting stucco banding and decorative light fixtures. Moreover, enhanced paving treatments will be utilized at driveway entrances, at the front of the building and within the adjacent accessible parking spaces to achieve a courtyard effect. LandscafJinf! The applicant is proposing to develop the site with 5,074 square feet oflandscaping which constitutes seventeen percent (17%) of the site. A minimum of ten percent (10%) of the site is required to be landscaped. The proposed tree palette includes the use of Queen Palms at the side building elevations and parking area. The height of the Queen Palms planted adjacent to side building elevations has been increased to approximately fifteen feet (15') as a condition of approval in order to provide immediate softening of the elevations. In addition, thirty-six inch (36") box Italian Cypress trees will be planted along the rear elevation. A variety of foundation and parking area plantings will be utilized including but not limited to Day Lily, Mock Orange, Photina and Texas Privit. All Shrubs will be a minimum five gallon container size. In order to further soften the front building elevation, planter pockets have been added along the colonnade wall allowing for Red Bougainvillea to be planted and climb on the building. Colors and Materials The applicant is proposing four (4) different colors on the building. The architectural design will be further enhanced and the appearance of additional offsets and depth will be achieved with the chosen color scheme. The contrasting colors are complimentary and have been chosen to enhance architectural elements within the project. The AGENDA ITEM 2L.. PAGE.QLOFSQ PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 proposed green glass windows will further serve to compliment the building color scheme. Tentative Condominium Mav The applicant requests approval to establish a proposed office condominium. The condominium concept would allow the developer the ability to offer individual office units for sale within the building while sharing common interest, ownership and maintenance responsibilities within the common areas. ANALYSIS Sitinf! The proposed site plan meets all applicable development standards and criteria outlined in the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan and the Non-Residential development standards outlined in Chapter 17.38 ofthe LEMC. Moreover, the project complies with the onsite parking standards listed in Chapter 17.66 (Parking Requirements of the LEMC). Pursuant to the C-l/SP zone, the maximum Floor Area Ratio (FAR) allowed is forty percent (40%). The applicant is only proposing a thirty-five percent (35%) FAR, well below the maximum allowed. Additionally, the project siting complies with all perimeter setbacks. Circulation and Parkinf! Svace Lavout The circulation and parking space layout meets the requirements set forth in Chapter 17.66 (Parking Requirements of the LEMC) including the recently increased 26-foot wide drive aisle requirement. Additionally, adequate turning radii have been provided for emergency vehicles, trash and delivery trucks. A reciprocal access agreement will be required between the project site and the Washington Mutual site to the north. Staff has determined that fifty-eight (58) parking spaces are required onsite. Fifty-eight (58) spaces have been provided including six (6) accessible parking spaces. Architecture The Mediterranean architectural design of the office building complies with the AGENDA ITEM ~ PAGE~OF5.g PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 Architectural Design Guidelines listed in the Canyon Creek "Summerhill" Specific Plan. Additionally, the architecture of the building has been designed to achieve harmony and compatibility with surrounding residential, commercial and office buildings in the vicinity of the project site. Correspondingly, the applicant has provided a variety of building design features and forms by employing treatments, such as articulated planes along the exterior walls, and a variety ofrooflines which will create depth and shadow. Moreover, the maximum height of the building complies with the height requirement specified in the C-l/SP zoning district (35-feet). Landscaoinf! The landscape design for the project site complies with the requirements set forth within Section 070 of the Neighborhood Commercial (C-l/SP) zoning district. The proposed landscaping improvements serve to enhance the building design and soften portions of building elevations, as well as compliment surrounding properties. Colors and Materials The colors and materials proposed for this project meet the intent of the Design Guidelines of the Canyon Creek "Summerhill" Specific Plan, in that the colors and materials proposed, will serve to produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing landscape. Tentative Condominium MaD The Covenants, Conditions and Restrictions (CC&R' s) required in association with the map will be recorded against the project as a condition of approval. In addition, an owners association will be empowered to administer and enforce the various elements of the CC&R's. To accomplish this, the office owner's association will establish monthly fees that cover aspects such as landscape maintenance, parking lot maintenance and utility infrastructure improvements. The project has also been conditioned to require that the applicant submit a copy of the proposed CC&R's to the Planning Division for review and approval prior to recordation. Moreover, staff has added a condition of approval which will require that the association be established prior to the issuance of a certificate of occupancy for the first office unit. AGENDA ITEM ~ PAGE li OF--5Q PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 ENVIRONMENTAL DETERMINATION Staff has determined that the potential environmental impacts associated with the construction of the office facility have all been previously addressed in the Mitigated Negative Declaration (MND) for the Canyon Creek "Summerhill" Specific Plan Amendment No. 1. In addition, 1) No substantial project changes are proposed that would require major revisions to the MND; 2) No substantial changes will occur with respect to the circumstances under which the project is undertaken and 3) No new information of substantial importance has been identified since the previous MND was certified. Therefore, no subsequent environmental analysis is necessary pursuant to Section 15162 of the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2006-_ recommending City Council adoption of findings of consistency with the Multi- Species Habitat Conservation Plan, Resolution No. 2006-_ recommending to the City Council approval of Commercial Design Review No. 2006-02 and Resolution No. 2006-_ recommending to the City Council approval of Tentative Condominium Tract Map No. 34864 based on the following Findings, Exhibits "A" thru "K" and the proposed Conditions of Approval. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. LOCATION MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL AGENDA ITEM ~ PAGE3-Y:-OF59 PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 4. EXHIBITS · REDUCTIONS (8 Y, x 11) Exhibit A Site Plan Exhibit B Site Details Exhibit C Site Details Exhibit D 151 Floor Plan Exhibit E 2nd Floor Plan Exhibit F Building Elevations Exhibit G Roof Plan Exhibit H Building Cross-Sections Exhibit I Grading Plan Exhibit J Landscaping Plan Exhibit K Tentative Condominium Map · FULL SIZE PLAN SET AGENDA ITEM 2..\ PAG~ OF-SQ RESOLUTION NO. 2006-114 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS CANYON ESTATES PROFESSIONAL OFFICE BUII"DING WHEREAS, Architectural Team Three, C/O Lon Bike, has submitted application for the project known as "Canyon Estates Professional Office Building" located on the south side of Canyon Estates Drive and west of Summerhill Drive; and WHEREAS, the application comprises the "project" as defined by California Public Resources Code Section 21065, which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the project has been found exempt from further environmental review in accordance with California Public Resources Code, Article II, Section 15162; and WHEREAS, public notice of the project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 3, 2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed application and its consistency with the MSHCP prior to making a decision to recommend that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: ACHID!\ m,M 1'10,_ 2 \ - PACE3~_oF_-5~- PLANNING COMMISSION RESOLUTION NO. 2006-114 PAGE 2 OF4 MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City '.I' MSHCP Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The proposed project site lies within Criteria Cell #4647. However, based upon a verbal "common law vested rights agreement" between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner '.I' extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Accordingly, the current proposed project would also be subject to this same agreement. City Planning Staff conducted a site reconnaissance survey to ensure that no issues could be raised regarding consistency with the MSCHP's other "Plan Wide Requirements ". The only requirements potentially applicable to the proposed project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, S 4). The proposed project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparian/riverine areas or vernal pools. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the City exempted this site from the MSHCP and therefore it was not processed through a Joint Project Review. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The proposed project was exempted from the MSHCP. Further, a site reconnaissance survey was conducted, and no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources were identified on the proposed project site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable to the proposed project. ACENDA rTEM NO._.2,\ _ PACE3-"lOI'.5Q..._ PLANNING COMMISSION RESOLUTION NO. 2006-114 PAGE30F4 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project was exempted from the MSHCP. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused survEYs are required jar the proposed project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the proposed project. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The proposed project was exempted from the MSHCP. Further, the MSHCP only requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Areas. Therejore, it can be concluded that the provisions as set forth in Section 6.3.2 of the MSHCP are not applicable to the proposed project. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The proposed project was exempted from the MSHG'P. Further, the project site is not within or adjacent to any M..')HCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4 in the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The proposed project was exempted from the MSHCP. Further, the entire proposed project site has been rough-graded. There are no resources located on the project site requiring mapping as set forth in Section 6.3.1 of the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project was exempted from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of ACENDA l'TE,!\ NO...,.2.l_-- ?ACE.3a._ Of' .5.2-- PLANNING COMMISSION RESOLUTION NO. 2006-114 PAGE 4 OF 4 the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions or approval are required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10.The proposed project is consistent with the MSHCP. As stated in No. I above, the proposed project was exempted from the MSHCP based upon a "common law vested rights agreement" between the City and the previous landowner. That exemption continues to apply to the current proposed project. SECTION 3. This Resolution shaH take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: COMMISSIONERS: COMMISSIONERS: NOES: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA HEM NO..2 \ PACE3~_OF So RESOLUTION NO. 2006-115 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-02 I<"OR A TWO- STORY PROFESSIONAL OFFICE BUILDING WITHIN THE CANYON CREEK "SUMMERHILL" SPECIFIC PLAN WHEREAS, Lon Bike, Architectural Team Three, has initiated proceedings for Commercial Design Review No. 2006-02 for the design and construction of a two-story professional office building with related improvements located at APN 363-670-009; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 3, 2006. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The PlmUling Commission has considered Commercial Design Review No. 2006-02 prior to making a decision to recommend that thc City Council approve the proposed professional office building. SECTION 2. TIle Planning Commission finds mld determines that the projcct is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15162. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of the Commercial Design Review No. 2006-02: 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the project is located. "0 ,) I AO.NDA ITEM" '_~.i__._. MGE...:1Q_Of. f'o _ PLANNING COMMISSION RESOLUTION NO. 2006 -115 PAGE 2 OF 3 The proposed Commercial Design Review located within Assessor Parcel Number(s) 363-670-009 complies with the goals and objectives of the General Plan and, Canyon Creek "Summerhill" Specific Plan in that the approval of this professional office building will assist in the creation of additional job opportunities within the community. Moreover, the project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions ofthe Lake Elsinore Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number(s) 363-670-009 is appropriate to the site and surrounding developments in that the professional office building has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along the street. In addition, safe and efficient circulation has been achieved onsite. Further, the project, as proposed, will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects in that the applicant is providing a "Mediterranean" architectural design with various elements which serve to enhance the building. Moreover, a variety of materials and colors are proposed including decorative wrought iron accents, decorative light fixtures and earth tone colors that serve to blend with surrounding developments and provide evidence ofa concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Commercial Design Review No. 2006-02, located at Assessor Parcel Number 363-670-009, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the project do not result in substantial change to the previously certified Canyon Creek "Summerhill" Specific Plan Mitigated Negative Declaration. Therefore, no additional environmental review is necessary for the proposed project pursuant to Section 15162. AGENDA ITEM PA<;/,_\f.L_ OF_~.._ PLANNING COMMISSION RESOLUTION NO. 2006 -U5 PAGE 3 OF 3 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the proposed Commercial Design Review located at Assessor Parcel Number(s} 363-670-009 has been scheduled for consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz, Director of Community Development AGENDA mM NO.~_L-- PAGE._~OF So 1 ! I I, RESOLUTION NO. 2006.116 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE CONDOMINIUM MAP NO. 34864 FOR "CANYON ESTATES PROFESSIONAL OFFICE BUILDING" AN OFFICE CONDOMINIUM TO BE LOCATED SOUTH OF CANYON ESTATES DRIVE AND WEST OF SUMMERHII"L DRIVE WHEREAS, Architectural Team Three C/O Lon Bike, filed an application with the City of Lake Elsinore requesting the approval of Tentative Condominium Tract Map No. 34864 for the establishment ofa office condominium building; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Condominium Maps for commercial projects; and WHEREAS, public notice of said application has been given, and the Planning Conunission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this .item on October 3, 2006. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION J. The Planning Commission has considered the proposed request for Tcntative Condominium Tract Map No. 34864 and has found it acceptable. The Planning Commission finds and detcrmines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Codc (LEMC), Section(s) 66424 and 66427 of the California Govemment Code. SECTION 2. That in accordance with Govemment Code Sections 66424 and 66427 and LEMC Title 16 "Subdivisions", the Planning Commission makes the following findings for the approval of the Tentative Condominium Map: I. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL l'~J.~~4r'4{{fi6,.? L___._ I'/iCE.~.~ OF.5'Q_ PLANNING COMMISSION RESOLUTION NO. 2006-116 PAGE 2 OF 2 Element) as well as provides decent business opportunities and a satisfying office environment. 2. The effects this project is likely to have upon the economic needs of the region, the business requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The additional office spaces provided in association with the project will serve to enhance and improve the economic needs of the region and the business needs of the Lake Elsinore community by providing additional office space opportunities for local residents. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to rcsult in any significant cnvironmcntal impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. SECTION 3. This Rcsolution shall take cffcct trom and after the datc of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of Octobcr, 2006, by the following votc: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz Director of Community Development AGENDA ITEM No.~.L .. PAce~OF _.5.Q.__ CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 17, 2006 PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER PROJECT TITLE: CONTINUANCE OF COMMERCIAL DESIGN REVIEW NO. 2006-02 & TENTATIVE CONDOMINIUM TRACT MAP NO. 34864 "CANYON ESTATES PROFESSIONAL OFFICE BUILDING COMPLEX" APPLICANT: ARCIDTECTURAL TEAM THREE (ATTN: LON BIKE), 23905 CLINTON KEITH ROAD, SUITE 114, WILDOMAR CA 92595. OWNER: CANYON PLAZA PARTNERS LLC. (ATTN: BRETT KESHTKAR) PROJECT REQUEST The applicant is requesting Design Review consideration for the design and construction of a two-story 14,500 square-foot professional office building and an associated Tentative Tract Map for Condominium purposes on a .69 acre vacant site within the Neighborhood Commercial (C-lISP) zoning district of the Canyon Creek "Surmnerhill" Specific Plan. Review is pursuant to the Canyon Creek Specific Plan and Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site is located on the south side of Canyon Estates Drive and west of Summerhill Drive, Assessor Parcel Number 363-670-009. AGENDA ITEM bL PAGE~OF--50 PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 BACKGROUND The Planning Commission considered this project at their October 3,2006 meeting. At that time, the project applicant contested several recommended conditions of approval involving the Planning and Engineering Division(s) and the Administrative Services Department. The Planning Commission subsequently directed that the item be continued to the October 17,2006 Planning Commission meeting in order to provide time for each Division and Department to work out the issues associated with their conditions. Additionally, subsequent to the October 3'd meeting, planning staff was made aware of a possible inconsistency regarding the allowed maximum Floor Area Ratio for the proposed project. This issue is also discussed below. DISCUSSION The specific contested conditions are listed below followed by staffs response in italics: PLANNING DIVISION CONDITIONS: 17. The property owners of APN 363-670-009 (Office Condominium Property) and the property owners of APN 363-670-00 I (Property Adjacent and to the North) shall negotiate and record a Reciprocal Access and Parking Agreement wherein both property owners agree to allow the motoring public to travel and park on either property in order to access the other property. The agreement shall be reviewed and approved by the Director of Community Development and the City Attorney prior to recordation. Although, the applicants are not opposed to providing a Reciprocal Access Agreement between their property and the Washington Mutual property to the north to allow for motorists to access both sites, the applicants are opposed to providing a Reciprocal Shared Parking Agreement. Staff concurs that shared parking is not appropriate between the sites. In addition, the applicants have now provided evidence to staff which indicates that a reciprocal access easement was previously recorded across the entire width and length of the Washington Mutual access driveway as shown and recorded on the underlying AGENDA ITEM ;;2-l PAGE~OF~ PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 Parcel Map that originally created the subject properties. Therefore, staff recommends that the condition be deleted. ADMINISTRATIVE SERVICES DEPARTMENT CONDITIONS: 82. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant 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 Anderson, Harris & Associates at (949) 655-3900 x334 or dandersonCalharris-assoc.com. Upon consulting with Dennis Anderson of Harris & Associates, staff learned that Mello-Roos Community Services District No. 2006-5 was formed in May of 2006 and applies to all commercial development. The requirement to annex into the district was not applied to other previously approved projects in the vicinity given that they were approved either prior to or simultaneously with the formation of the District in May of this year. Therefore, staff recommends that the condition remain. 83. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No. I to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas and neighborhood parks 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 x334 or dandersonlalharris-assoc.com. Upon consulting with Dennis Anderson of Harris & Associates, staff learned that Mr. Anderson required Condition No. 83 assuming that public landscaping improvements were going to be installed in association with the proposed AGENDA ITEM 2L PAGE 4'1 OF-59 PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 project. Staffhas informed Mr. Anderson that no such public improvements will be installed and therefore this condition is not necessary. Staffrecommends that the condition be deleted. ENGINEERING DIVISION CONDITIONS: 65. A revised signing and striping plan for Canyon Estates Drive, from Summerhill Drive to Ridgecrest Drive shall be submitted forreview. The installation of the revised signing and striping will be the responsibility of the applicant. The Engineering Division has agreed to extend the timingfor completion of this condition to prior to issuance of Certificate of Occupancy (See Attached Condition No. 78). 66. The project driveway@BoulderVista Drive shall be revised to a right-in/right- out only with the installation of right-in/out median at the driveway entrance. The Engineering Division has agreed to extend the timingfor completion o/this condition to prior to issuance o/Certificate of Occupancy to allow the developer time to enter into a cost sharing arrangement with surrounding property owners (See Attached Condition No. 78). 68. Relocate the existing street light on Canyon Estates Drive, from approximately 60 feet east of the project driveway/Boulder Vista Drive to near the driveway entrance. The Engineering Division has agreed to extend the timingfor completion of this condition to prior to issuance of Certificate o/Occupancy to allow the developer time to enter into a cost sharing arrangement with surrounding property owners (See Attached Condition No. 78) FLOOR AREA RATIO ISSUE As referenced earlier, subsequent to the October 3Td Planning Commission meeting, Commissioner Mendoza informed staff that he had found a potential inconsistency between the City's General Plan and the Canyon Creek "Summerhill" Specific Plan regarding the allowed maximum Floor Area Ratio (FAR) for the proposed project. The AGENDA ITEM ...2L PAGE~OF~ PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 site was rezoned to Neighborhood Commercial (C-I) in 2000 which allows a maximum FAR of forty-percent. However, the description of the Neighborhood Commercial Land Use Designation in the City General Plan only allows for a maximum Floor Area Ratio of thirty-percent. The proposed FAR for the project is thirty-five percent. Upon researching this issue, staff found that the General Plan Land Use Designation for the project site was also amended from Commercial Specific Plan to General Commercial Specific Plan at the same time that the rezoning occurred in 2000. Moreover, the City General Plan description for the General Commercial Land Use Designation allows for a maximum FAR of forty-percent (40%). Therefore, staff has determined that the project is indeed consistent with both the City General Plan and the Canyon Creek "Summerhill" Specific Plan. RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2006-_ recommending City Council adoption of findings of consistency with the Multi- Species Habitat Conservation Plan, Resolution No. 2006-_ recommending to the City Council approval of Commercial Design Review No. 2006-02 and Resolution No. 2006-_ recommending to the City Council approval of Tentative Condominium Tract Map No. 34864 subject to the attached revised Conditions of Approval. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. REVISED CONDITIONS OF APPROVAL 2. PLANNING COMMISSION OCTOBER 3,2006 STAFF REPORT AGENDA ITEM 21- PAGE Lf9 OF~ PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 3. ORDINANCE AMENDING GENERAL PLAN LAND USE DESIGNATION 4. CITY GENERAL PLAN EXCERPTS 5. CANYON CREEK SPECIFIC PLAN EXCERPT AGENDA ITEM 2L PAGE.5QOF~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14, 2006 SUBJECT: MITIGATED NEGAnVE DECLARATION NO. 2006-07 FOR THE SLOPE ST ABILIZA TION PLAN AT WASSON CREEK ("ROSETTA HILLS"), TRACT MAP NO. 31792 APPLICANT & OWNER: LENNAR HOMES, 40980 COUNTY CENTER DRIVE, SUITE 110, TEMECULA, CA 92591, ATTN: ELLEN MICHIEL, PROJECT MANAGER PROJECT REQUEST The applicant requests adoption of Mitigated Negative Declaration No. 2006-07, the environmental review document for the proposed Slope Stabilization Plan ("Plan") for Tract Map No. 31792. The Plan has been reviewed and approved by the City Engineer to perform remedial grading to reconstruct and stabilize an existing manufactured slope which was previously constructed but not completed in the early 1990s. PRO,TECT LOCATION Rosetta Hills, formerly approved as the Villages at Wasson Canyon, is located southeast of Highway 74, east oflnterstate IS, and east of the intersection of Conard Avenue and Third Street, and known as Assessor's Parcel Nos. 347-330-019, -045,- 046, -050 thru -053; 347-360-003, -004 and -005. BACKGROUND At their regular meeting of October 17, 2006, the Planning Commission unanimously adopted the following resolutions: . Resolution No. 2006-112 recommending that the City Council adopt Mitigated AGENDA ITEM;},2 PAGE ..!.._ OF~ REPORT TO CITY COUNCIL MITIGATED NEGATIVE DECLARATION NO. 2006-07 Page 2 of3 Negative Declaration No. 2006-07 and the Mitigation Monitoring Program appertaining thereto; and · Resolution No. 2006-113 recommending to the City Council adoption of Findings of Consistency with the MultipleSpecies Habitat Conservation Plan (MSHCP). DISCUSSION The Planning Commission heard the Staff Report. The Commission heard from Ms. Ellen Michiel, representing Lennar Homes, and inquired how long the stabilization project would lake. Ms. Michiel replied that she expected to finish in 30 working days. No one else wished to testify on this item. FISCAL IMPACT No fiscal impact is anticipated from this remedial project. RECOMMENDATIONS The Planning Commission recommends that the'City Council adopt the following Council resolutions: 1. Council Resolution No. 2006-.!~'; , adopting Mitigated Negative Declaration No. 2006-07. 2. Council Resolution No. 2006-_, adopting Findings of Consistency with the Multi- Species Habitat Conservation Plan (MSHCP). PREPARED BY: CAROLE K. DONAHOE, PROJECT PLANNER APPROVED FOR AGENDA BY: AGENDA ITEM22, PAGE s&.- OF 7.7 REPORT TO CITY COUNCIL MITIGATED NEGATIVE DECLARATION NO. 2006-07 Page3 of 3 ATTACHMENTS: 1. Exhibit 'A' - Vicinity Map. 2. Council Resolution No. 2006- 18/, adopting Mitigated Negative Declaration No. 2006- 07 and the Mitigation Monitoring Program appertaining thereto. a. Exhibit 'B' - Final Initial Study, Response to Comments, and Mitigation Monitoring Program for Mitigated Negative Declaration No. 2006-07 (Separnte cover). b. Exhibit 'c' - Full-sized Slope Stabilization Plan - For Information Only (Enclosure) 3. Council Resolution No. 2006- i (;':1 , adopting Findings of Consistency with the MSHCP. 4. Planning Commission Staff Report of October 17, 2006. 5. Draft Notice of Determination. ') AGENDA ITEM '..l:;L. PAGE d... OF .Jd EXHIBIT 'A/ - AGENDA ITEM NO. 2~- PAGE -I OF (1 RESOLUTION NO. 2006- \6'-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006-07 AND THE MITIGATION MONITORING PROGRAM APPERTAINING THERETO, FOR THE SLOPE STABILIZATION PLAN AT WASSON CREEK IN TRACT MAP NO. 31792. WHEREAS, Lennar Homes has filed applications with the City of Lake Elsinore to remediate and stabilize an existing manufactured slope (the "Project"); and WHEREAS, the Slope Stabilization Plan qualifies as a "project" under California Public Resources Code Section 21065, which defines a project for purposes of the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") as any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Initial Study revealed that the Project may have potentially significant environmental impacts. Nevertheless, it was determined that an environmental impact report was not necessary and that all of the potentially environmental impacts could be mitigated to a level of insignificance with the mitigation measures in place. Therefore, it was determined that it would be appropriate under CEQA to prepare Mitigated Negative Declaration No. 2006-07 to address the potentially significant environmental impacts and applicable mitigation measures; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 17, 2006. nn AGENDA 1TEr.1 NO._k- '--<-- rAGS ..5" or' If ~-~..---- -- CITY COUNCIL RESOLUTION NO. 2006- PAGE20F3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Mitigated Negative Declaration No. 2006-07 and related Mitigation Monitoring Program prior to making its decision. The City Council finds and determines that Mitigated Negative Declaration No. 2006-07 and related Mitigation Monitoring Program are adequate and prepared in accordance with the requirements ofCEQA. SECTION 2. That in accordance with CEQA, State Planning and Zoning law, and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Mitigated Negative Declaration No. 2006-07 and the related Mitigation Monitoring Program: 1. On the basis of the whole record before the City Council, including the initial study and both verbal and written testimony received from the public, there is no substantial evidence that the project will have a significant effect on the environment. 2. Based on the lack of native habitat on the Project site, there is no potential for the Project to affect the fish or wildlife species or plants or plant communities. No known historical or prehistoric resources exist on the Project site. 3. The Project does not have individual nor cumulative impacts that would be deemed considerable. 4. The Project will not result in any significant impacts to human beings. Sufficient construction control measures have been identified to reduce short-term construction impacts to below a level of significance. Compliance with the many federal, state and local regulations already placed on the Project will ensure that the Project contains sufficient prevention and containment measures to reduce any hazards associated with storage, use and transport of hazardous substances to a less than significant level. AGENDA ITEM NO. ...2:)._- PAGE,LOF4 CITY COUNCIL RESOLUTION NO. 2006-_ PAGE 3 OF 3 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this fourteenth day of November, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. ,'). ;:)..- PAGE !LOF 71 RESOLUTION NO. 2006- \ n; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS SLOPE STABILIZATION PLAN FOR WASSON CREEK ("ROSETTA HILLS") AND ASSOCIATED MITIGATED NEGATIVE DECLARATION NO. 2006-07 IS CONSISTENT WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP). WHEREAS, pursuant to a condition of approval imposed upon Design Review No. 2005-20, which was approved by the Lake Elsinore Planning Commission on June 20, 2006, Leimar Homes, c/o ellen Michiel, has submitted a Slope Stabilization Plan for Wasson Creek ("Rosetta Hills") to perform remedial grading to reconstruct and stabilize an existing manufactured slope (the "Project"); and WHEREAS, pursuant to the California Environmental Quality Act (CaI. Pub. Res. Code Subsection 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. Subsection 15000 et seq.), Mitigated Negative Declaration No. 2006-07 and a Mitigation Monitoring and Reporting Program have been prepared to mitigate environmental impacts resulting from the Project to a level of insignificance; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 14,2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. The City Council hereby determines that the Project is consistent with the MSHCP for the following two reasons: First, the Slope Stabilization Plan and corresponding Mitigated Negative Declaration No. 2006-07 constitute a part of the whole action related to development of the Villages at Wasson Canyon. The Slope A.('n,....," 'T"'" '[" {"UJ---, C.1'1~)."\ I ._.>oj j'.'-". .......... PAGE.-J..~)r- _L CITY COUNCIL RESOLUTION NO. 2006-_ PAGE20F2 Stabilization Plan and corresponding Mitigated Negative Declaration No. 2006-07 have been drafted in satisfaction of the conditions of approval for Design Review No. 2005-20. The Slope Stabilization Plan and Mitigated Negative Declaration No. 2006-07 do not constitute a new discretionary project for purposes of environmental review. Second, the Slope Stabilization Plan outlines remediation for slopes that were scarred and developed as part of the formation of CFD No. 90-3. The Project site has already been disturbed by grading activities as part of the CFD development. Given the level of disturbance, no sensitive habitat exists on the site worthy of preservation or dedication. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this fourteenth day of November 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. 2:?- PAGE3-0FJ!/, CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 17,2006 PREPARED BY: CAROLE K. DONAHOE, AICP, PROJECT PLANNER PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2006-07 FOR THE SLOPE STABILIZATION PLAN AT WASSON CREEK ("ROSETTA HILLS," TRACT MAP NO. 31792 APPLICANT & OWNER: LENNAR HOMES, 40980 COUNTY CENTER DRIVE, SUITE 110, TEMECULA, CA 92591, ATTN: ELLEN MICHIEL, PROJECT MANAGER PROJECT REQUEST The applicant requests adoption of Mitigation Negative Declaration No. 2006-07, the environmental review document for the proposed Slope Stabilization Plan ("Plan") for Tract Map No. 31792. The Plan has been reviewed and approved by the City Engineer to perform remedial grading to reconstruct and stabilize an existing manufactured slope which was previously constructed but not completed in the early 1990s. PROJECT LOCATION Rosetta Hills, formerly approved as the Villages at Wasson Canyon, is located southeast of Highway 74, east ofInterstate 15, and east of the intersection of Conard Avenue and Third Street, and known as Assessor's Parcel Nos. 347-330-019, -045,- 046, -050 thru -053; 347-360-003, -004 and -005. ACEflD' 11"'-P ''') n r., I ..... ~;;,.: ~... '._~;.:,;.:,...~"'_ _.. PAc,[: 10 Or- H -.--.---- --"'- -....-- REPORT TO PLANNING COMMISSION OCTOBER 17, 2006 SLOPE STABILIZATION PLAN FOR TM 31792 The Plan area is situated directly adjacent to the southeast side of Tract Map No. 31792, within Section 32, Township 5 south, Range 4 West, as depicted on the USGS 7.5-minute topographic quadrangle map for Lake Elsinore. BACKGROUND Upon the recommendation of the Planning Commission, the City Council of the City of Lake Elsinore approved Tentative Tract Map No. 31792 on September 28, 2004. On June 20, 2006, the Planning Commission approved Residential Design Review No. 2005-20, which was conditioned to provide a Remediation Plan, and Mitigated Negative Declaration for Lots 49 thru 68 approved and adopted by the City Council. Lennar Homes has begun their development of Rosetta Hills, and the Remediation Plan has been reviewed and approved by the Engineering Department. ENVIRONMENTAL SETTING RI Single Family Project Site Vacant Residential. Fox & Jacobs Homes North under construction, Ramsgate Specific Plan Ramsgate Specific Plan communit ark RI Single Family Very Low Density South Vacant Residential & Residential (10 acre min) RR Rural Residential & Freewa Bus. Centex Homes & Ramsgate Specific Plan Ramsgate SP, Low East Elsinore Hills and RR Rural Medium & Very Low Elementary, under Residential Density Residential construction, vacant West Residential Count Coun AGENDA ITEM )f).. PAGE LL OF 7!1 REPORT TO PLANNING COMMISSION OCTOBER 17,2006 SLOPE STABILIZATION PLAN FOR TM 31792 PROJECT ANALYSIS Mitigated Negative Declaration No. 2006-07 was prepared by Michael Brandman Associates, under third party contract with the City. A Notice of Completion and Intent to Adopt a Mitigated Negative Declaration was sent to the State Clearinghouse and to adjacent property owners on August 15,2006 and August 25,2006 respectively. The City received four comment letters, three of which are included in the Response- To-Comments section of the Mitigated Negative Declaration. The fourth letter was received from the Riverside County Flood Control and Water Conservation District in which the agency indicated that they had "no comment." ENVIRONMENTAL DETERMINATION The Slope Stabilization Plan does not propose substantial changes to Tract Map No. 31792. With mitigation measures in place, no new significant environmental effects or an increase in the severity of previously identified significant effects are anticipated. No new information of substantial importance has come forward with respect to significant effects or alternative mitigation measures that have not been addressed in the design of this project. The applicant shall comply with mitigation measures established for Tract Map No. 31792 and for the Slope Stabilization Plan. RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council adoption of Mitigated Negative Declaration No. 2006-07, based upon the findings set forth in the attached resolution and Exhibit 'B,' and subject to the Mitigation Monitoring Program attached thereto. Further, staff recommends that the Planning Commission recommend to the City Council that the project is exempt from the MSHCP based upon the findings set forth in the attached resolution. AGENDA ITEM 2P-- PAGE 1.2. OF ..l!/ REPORT TO PLANNING COMMISSION OCTOBER 17,2006 SLOPE STABILIZATION PLAN FOR TTM 31792 PREP ARED BY: CAROLE K. DONAHOE, PROJECT PLANNER APPROVED BY: ~- Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: I. Exhibit' A' - Vicinity Map 2. Resolution No. 2006- _, recommending adoption of Mitigated Negative Declaration No. 2006-07 and the Mitigation Monitoring Program attached thereto. a. Exhibit 'B' - Mitigated Negative Declaration No. 2006-07 document (Separate Cover) 3. Resolution No. 2006-_, recommending adetennination of exemption from the MSHCP. 4. Exhibit 'C' - Slope Stabilization Plan (For Infonnation Only) ^rt..,,\I'~" \','1':.,,' ~',;-'~ 29-, I'\'v.!:.f"".'r'\" .." ..".,__-1____ "",n: 13 0" I'} YI'\'.,I~__._ I T.. Notice of Determination City Qf Lakt: Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (95 [) 674-) [24 (95[)47[-1419 fax (In compliance with Section 2//52 of the Public Resources Code) Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 lEI County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Mitigated Negative Declaration No. 2006-07 for "Rosetta Heights" at the Villages at Wasson Canyon State Clearinghouse Number (if submitted to Srate Clearinghouse): N/A Lead Agency Contacr: Carole K. Donahoe, AICP, Project Planner Telephone No: (951) 674-3124 x 287 Project Location (include County): County of Riverside, City of Lake Elsinore, Southeast of Highway 74, northeast of Interstate IS, and east of the intersection of Conard Avenue and Third Street, and known as Assessor's Parcel Number 347-330-019, -045, -046, -050 thru -053; 347-360-003, -004, and -005. Project Description: The Slope Stabilization Plan for Tract Map No. 31792 to perform remedial grading to reconstruct and stabilize an existing manufactured slope which was previously constructed but not completed in the eady 1990s. This is to advise that the City of Lake Elsinore (Lead Agency) has approved the above project and the City Council has made the foUowing determinations regardmg the above described project: 1. On the basis of the whole record before the City Council, including the initial study and both verbal and written testimony received from the public, there is no substantial evidence that the project will have a significant effect on the environment. 2. Based on the lack of native habitat on the Project site, there is no potential fot the Project to affect the fish or wildlife species or plants or plant communities. No known historical or prehistoric resources exist on the Project site. 3. The Project does not have individual not cumulative impacts that would be deemed considerable. 4. The Project will not result in any significant impacts ,to human beings, Sufficient construction control measures have been identified to reduce short-term construction impacts to below a level of significance. Compliance with the many federal, state and local regulations already placed on the Project will ensure that the Project contains sufficient prevention and containment measures to reduce any hazards associated with storage, use and transport of hazardous substances to a less than significant level. Signed: Rolfe M. Preisendanz Title: Director of Community Development I\G;:;,jr", , ,,: , 2/)---- PACE I~ "'OF~~-/1- CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRWOMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14,2006 SUBJECT: RESIDENTIAL DESIGN REVIEW NO. 2006-06 FOR A FIVE UNIT APARTMENT COMPLEX LOCATED AT THE NORTHWEST CORNER OF POTTERY AND LIND SA Y STREETS; APN NO. 374-042-022. APPLICANT: SALVADOR A Y ALAIPEAKSIDE DEVELOPMENT 2062 ALFALFADALE RD., PERRIS, CA 92571 OWNER: ALFREDO AGUILAR, 30005 NORTH LAKE DRIVE, LAKE ELSINORE, CA 92530 LOCATION: THE PROJECT LIES WITHIN REDEVELOPMENT PROJECT AREA NO.3. REOUEST The applicant requests approval of: · Residential Design Review No. 2006-06. The applicant is requesting Design Review consideration for the construction of a "conventionally" built, five (5) unit residential apartment complex and associated improvements located at the northwest corner of Pottery and Lindsay Streets, APN No. 374-042-022. The review is pursuant to the Lake Elsinore General Plan, the Historic Elsinore Architectural Design Guidelines and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC). AGENDA ITEI"l NO J I PAGEiOF~ REPORT TO THE CITY COUNCIL NOVEMBER 14,2006 Page 2 of3 BACKGROUND At their regular meeting of October 17, 2006, the Planning Commission adopted Resolution No. 2006-117 recommending City Council approval of Residential Design Review No. 2006-06. DISCUSSION Items of discussion at the Planning Commission Meeting were generally related to the removal of Condition of Approval No's 42 and 43, since Condition of Approval No. 28 had already discussed street improvement requirements. The Deputy City Attorney, also included the revision to condition number 32, which stated that the CC&R's shall identify the City of Lake Elsinore as an express 3rd party beneficiary and that the City of Lake Elsinore shall have the right, but not the obligation to enforce the CC&R's for the proposed project. Further, Staff reinforced the recommendation of approval by confirming that the proposed project is consistent with the General Plan and the Zoning District. The Commission expressed satisfaction with the design and layout of the proposed project. It was the majority consensus of the Planning Conunission to accept staffs recommendation of approval. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following resolution: I. City Council Resolution No. 2006- 19.Japproving Residential Design Review 2006-06. 2. Staff recommends that the Agency Board concur with the City Council adoption of Resolution No. 2006- approving Residential Design Review No. 2006-06. PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER APPROVED FOR AGENDA BY: AGENDA ITEM NO .::<, I PAGE2.-0F~ REPORT TO THE CITY COUNCIL NOVEMBER 14, 2006 Page 3 of 3 ATTACHMENTS 1. Vicinity Map. 2. City Council Resolution No. 2006-t9approving Residential Design Review No. 2006-06. 3. City Council Conditions of Approval 4. Planning Commission Staff Report, Resolutions, Revised Conditions of Approval, and Exhibits from the October 17, 2006 meeting. 5. Full Size Plans. AGENDA ITEM NO:::2i PAGEZ1. GF ~ VICINITY MAP MINOR DESIGN REVIEW FOR A FIVE UNIT APARTMENT COMPLEX R 2006~06 -, '~ -::::::~....... '--"--~ ~~,,' -....., ~ . ! '-.... f~ ", " ., /-.......-- ---- .' -p, ...~N1' ' , '-:!?: "'--, / ':'---.. I- i' ..:-::~.---/ ........ i , --..j ~---, I ---......,.- ;-.....- , it........ ,i .,~ '-; --::.~~.~~,';:- '/'''''''' .-t..... / . l-...... .._~. , "-0.... .~ -"- .~ / , I . , ''7 ! '1_'" Porr, .' ". <1'<\'1'",1' "I .,___..-----.._ .I '~:::::'>... :r- __. ---r-.:' -_... ' i - 'f'-' '--", ' .' /~-~ '_~, / f'i'l;yOc/ i "';~"_! ",,1 ~~5~~~~;~~~';~~~;:U~/';' .// I :; 14l'lionml!l1:l&'til r---~~> I ~ I ~;";'~-:;~':::--?~(-;1 -___,-'--...J.., i i' r'~~- -<./ ,/ / , fj p:\.;4.~,,:,,,,;"~..~"':':,,,,,_ .;.~ -'-1 'f .-.,.....__".........~ "'"""", ::j -.;, "-.'........ ~!'A ~ '--'" '-. I --- /-i-"_~ ,/ir'~ c.. ?:.,;S~} '..~.'- r~,~l !~'l,'i \:r~'.~~ .1....-::':.../:.> _{. ..~ ..../ ........, ! 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I if .~ ( ......-..../ I , I ......... / , 1'"'_ .-, !..,-....; VICINITY MAP ACENDA ITEM NO, ,:3 i PACE---t.:=OF 45" 1 , RESOLUTION NO. 2006-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-06. WHEREAS, Peakside Development, c/o Salvador Ayala has filed an application with the City of Lake Elsinore requesting the approval of Residential Design Review No. 2006-06 for the design, construction and establishment of a five (5) unit residential development and associated improvements within the Historic Downtown District (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 17, 2006 made its report upon the desirability of the proposed project and made its recommendations in favor of the project by adopting Planning Commission Resolution No. 2006- I 17 recommending to the City Council approval of Residential Design Review No. 2006-06; and WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 17,2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Residential Design Review No. 2006-06 and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the Historic Downtown District Standards. SECTION 2. The City Council finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. SS 15000 et seq.) pursuant to a class 3(a) new construction or conversion of small structures (14 C.C.R. S 15303). AGENDA ITEM NO 22L P AGE ~ OF -'f? CITY COUNCIL RESOLUTION Page 2 00 RESIDENTIAL DESIGN REVIEW NO. 2006-06 SECTION 3. That in accordance with LEMC Chapter 17.82 (Design Review), the City Council makes the following findings for the approval of the Project: 1. The Project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan in that the approval of this Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The Project complies with the design directives contained in LEMC Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments. The Project has been designed in consideration of the size and shape of the property, and is designed to create interest and varying vistas as a person moves along the street. Further, the Project as proposed will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects. The architectural design, colors, materials and site design demonstrate a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15332, the Project is exempt from environmental review because (a) the Project is consistent with the General Plan and zoning regulations; (b) the Project is within the city limits, is not greater than jive acres, and is surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare or threatened species; (d) approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. 4. Conditions and safeguards pursuant to LEMC Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. ,?) AGENDA ITEM NO "~) PAGE 10- OF 4E5 CITY COUNCIL RESOLUTION Page 3 of3 RESIDENTIAL DESIGN REVIEW NO. 2006-06 Pursuant to LEMC Section 17.82.070 (Action of the Planning Commission), the proposed Residential Design Review has been scheduled for consideration by the Planning Commission on October 17, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeenth day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) .-, : AGENDA ITEM NO'') I PAGE ~ OF 16"' CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: RESIDENTIAL DESIGN REVIEW NO. 2006-06 FOR A FIVE UNIT APARTMENT COMPLEX LOCATED AT THE NORTHWEST CORNER OF POTTERY STREET AND LINDSAY STREET; APN NO. 374-042-022. APPROVAL DATE: EFFECTIVE DATE: NOVEMBER 14, 2006 NOVEMBER 14, 2006 GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Residential Design Review, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The decision of the Planning Commission shall be final ten (10) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. RESIDENTIAL DESIGN REVIEW NO. 2006-06 3. Design Review approval for Residential Design Review No. 2006-06 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. U") \(:1.:1'\1).\ ITE;\I;\{l,-':::?'{ "\(ilo.t;;>'''''\5 4. Conditions of Approval shall be reproduced on the first page of the building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 7. Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. The applicant shall submit water plans to EVMWD and shall incorporate all District conditions and standards, including payment of applicable connection fees. 8. Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413 (b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in-lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. /U;I.:N1H ['I 'EM No<:3 \ J',\G"'To':~ 9. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 10.All return walls at the front elevations facing the Alley Way shall be a decorative fence, consistent with the architecture of the homes proposed herein. II.All exposed slopes in excess of three feet (3 ') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. I2.The applicant shall comply with all of requirements explicitly expressed and required by the Riverside County Fire Department. PRIOR TO BUILDING/GRADING PERMITS 13.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. I4.Prior to the issuance of a building permit the applicant shall have recorded a lot line adjustment with the County of Riverside. IS.Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 16. Three (3) sets of the Final Landscaping/Irrigation Detail Plan for the landscaping of the development shall be submitted, reviewed and approved by the City's Landscape Architect Consultant, the Community Development Director or designee and the Community Services Director, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. \(;I'~NI)_\ rl'f':~1 N(l,;"'.< i 1'\(""lD""~ b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty-feet (30') apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 17.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. \(~I.:t-iD.\ [Tlfl :'\iO~ --? \ "c\(;i'.l-l-""'~ 18.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 19.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 20.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ADMINISTRATIVE SER VICES 20.Prior to the issuance ofa building permit the applicant shall annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenances issues in the City. 2l.Prior to issuance of a building permit the applicant shall annex into the Lighting and Landscape Maintenance District No. 1 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. 22.Prior to the issuance of a building permit the applicant shall annex into the Mello- Roos Community Facilities District to fund the on-going operation and maintenance of the parkways and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. COMMUNITY SERVICES DEPARTMENT 23.The applicant shall pay park fees of$I,500.00 per unit. 24.The applicant shall participate in the City ofLake Elsinore LLMD. 25.AIl exterior walls to be masonry block with anti-graffiti coating. 26.The applicant shall meet all City requirements for the recycling and removal of construction debris and materials. .""), .\(:I.:NIJ.\ rTl~:\J N((:'::> l ".\(;I'.I~()I'~ 27.The applicant shall comply with all NPDES requirements for urban storm water runoff. ENGINEERING 28.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 28. The Applicant shall provide in-lieu payment for future half-width street improvements on Pottery Street prior to building permit (Res. 86-35). Dedicate a ten-foot (10') street right-of-way on Pottery Street such that the centerline to property line is fifty-feet (50'), as well as a two and one half foot (2'-6") dedication along the alley, such that a center line to the property is twelve feet six inches (12'-6"). 29.The applicant shall Process and meet all parcel merger requirements prior to building permit, or submit proof of merger of the 2 lots prior to building permit. 30.The applicant shall install three (1) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 31.The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 32.The applicant shall record a CC&R's which provides for irrevocable reciprocal access to parking garages, and landscaping and maintenance of the same by a Home Owner Association subject to the approval of the director of Community Development & the City Attorney. The CC&R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage, roof mounted or front yard microwave satellite antennas. The CC&R's shall identify the City of Lake Elsinore as an express 3'd. party beneficiary. The City of Lake Elsinore shall have the right but not the obligation to enforce the CC&R's for the project. 33.All open space shall be owned and maintained by either a home owner's association or private property owner. ,\(;p.!'.,j]):\ 1'1'1':1\1 NO\:~~; t l'-'\{;I': t? {W~ 34.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 service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 35.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 36.Provide fire protection access and facilities as required in writing by Riverside County Fire. 37.1n accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 38.AIl grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez@lake-elsinore.org". DEDICATION: 39.The applicant shall dedicate a 2.5' wide strip of additional right of way alone northerly property line to the City for widening of the alley right of way prior to issuance of building permit. 40.The applicant shall dedicate 10' wide strip of additional street right of way along the southerly property line to the City for widening of Pottery Street right of way to total of 50' from centerline, prior to issuance of building permit. 41.Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. ~ \Cl':!'\I)'\ITI.:.\I'{I.~ 1l\(;[,.rttW-rJ STREET IMPROVEMENTS 42.Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 43.The applicant shall 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. GRADING 44.The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 45.The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 46.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sun of the cut and fill in grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit issuance. 47.The applicant shall provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 48.The applicant shall provide erosion control measures as part of their grading plan. Developer 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. 49.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to I for stability and proper erosion control. .\(:m,'l>'\ ITEI\1 N(l. ,,3, P.\(;l;'V5OF~ DRAINAGE: 50.0n-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 51.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 52.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. 53. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding andlor erosion downstream caused by development of the site andlor diversion of drainage. FEES: 54.The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $959.00 per unit; the current total drainage fee for the condominium complex is $1,688.00 (Town No.3 Dist.) and the current TUMF amount is $6,806.00 per unit, the amount of fees shall be adiusted according to the fee schedule current at the time of pavment. STORMW A TERI CLEANW A TER PROTECTION PROGRAM 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. This includes 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. :\(:I:ND.\ ITEI\[NO_~3L I'\{;I':W)I;~ CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 17, 2006 PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06 FOR A FIVE UNIT APARTMENT COMPLEX LOCATED AT THE NORTHWEST CORNER OF POTTERY STREET AND LINDSAY STREET; APN NO. 374-042-022. APPLICANT: SALVADOR A Y ALAlPEAKSIDE DEVELOPMENT 2062 ALFALFADALE RD., PERRlS, CA 92571 OWNER: ALFREDO AGUILAR, 30005 NORTH LAKE DRIVE, LAKE ELSINORE, CA 92530 PROJECT REOUEST The applicant is requesting design review consideration for a "conventionally" built, five (5) unit residential apartment complex and associated improvements located at the northwest comer of Pottery and Lindsay Streets, APN No. 374-042- 022. The proposed five (5) unit residential development will be available for rent only and will be subject to the provisions of the recorded CC&R's. The project will include five (5) attached two (2) story dwelling units and attached garages, common areas, private yard areas and related improvements. Each dwelling unit will be approximately 1,349 square feet and will include three (3) bedrooms, a living room, a dining room, a kitchen and two and one half (2 1/2) bathrooms. The review is pursuant to the Lake Elsinore General Plan, the Historic Elsinore Architectural Design Guidelines and Chapter 17.66 (parking Requirements) of the Lake Elsinore Municipal Code (LEMC). " ,......'-.r.-' """"rz ,'.',,\ --') \ .-.; "Ii--'~'; 15:,'" PLANNING COMMISSION STAFF REPORT OCTOBER 17,2006 PAGE 2 of 5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06, FOR A FIVE UNIT RESIDENTIAL DEVELOPMENT. BACKGROUND During the processing of the subject applications staff worked diligently with the applicant to achieve a variety of refinements to the proposed site plan and building architecture including a pedestrian connection between the development, recessed windows, decorative street light fixtures, 360-degree building architecture and materials. PROJECT LOCATION The .32 acre project site is located on the northwest side of Pottery Street and Lindsay Street within an area identified as the "Historic Elsinore" Overlay District, more specifically identified as within the Medium Density Residential (MD AREA 6) land use area and Assessor Parcel Number(s) 374-042-022. ENVIRONMENTAL SETTING Project Site North South East West Vacant Medium High Density Residential Area 6 R-2, Medium Densi Medium Densi Area 6 Medium Densi Area 6 Medium Density Area 6 Medium Density Residential Residential Residential Residential Medium Densit Medium Densit Medium Densi Medium Density PROJECT DESCRIPTION RESIDENTIAL DESIGN REVIEW NO. R 2006-06 Sitinfl The applicant is proposing to develop the .32-acre site with a "conventionally" built, five unit residential complex and associated improvements. The lot is rectangular in shape; with vehicle access provided from Pottery Street and an AGENDA ITEM No.3 L PAGE~OF~ PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PAGE3of5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06, FOR A FIVE UNIT RESIDENTIAL DEVELOPMENT. existing Alley. Pedestrian access to the dwellings is provided from Lindsay Street. Although the proposed development will be oriented towards Lindsay Street, all of the elevations of the development will receive special architectural treatments and attention due to its orientation and exposure to public view. Further, each of the homes will have a private open space by means of a porch area and a small garden area as well as common areas between each one of the units, allowing for common use amenities as required by the LEMC. Parkin$! Residents will be able to access the proposed parking areas for the homes via Pottery Street from the south side and a public Alley at the north side of the project, once again making Lindsay exclusively for pedestrian use. A twenty-eight foot (28') driveway will provide both open space parking as well as access to the garages from Pottery Street. A thirty-two foot (32') driveway will provide access from the alley. The main entry of the homes will be accessed from Lindsay Street. The concrete driveways, will be intersected by a concrete pedestrian sidewalk, which will be accessible from the sidewalk improvement along Pottery Street. Architecture Pursuant to the Historic Elsinore Architectural Design Guidelines, the proposed architectural design of the homes can be identified as "Mission" style architecture. To accomplish this, the applicant has incorporated such elements as red roof tiles, stucco walls, recessed window and door openings, wood accents along the roof lines, arcade wing walls, low pitch roof angles, and decorative wrought iron work for the windows. As an enhancement to these various architectural elements, the applicant is also proposing three (3) color schemes which will complement one another and significantly improve the visual character of the existing neighborhood. Ultimately, the architectural design of the units will create an interesting and lively mix of homes. Landscaving The applicant will provide landscaping for both the private yard and the common areas associated with this development. Street Trees will be planted pursuant to " AGENDA ITEM NOL',') \ PAGE ~ OF fl5" PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PAGE40fS PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06, FOR A FIVE UNIT RESIDENTIAL DEVELOPMENT. the requirements of the Historic Overlay District and the LEMC. Planter areas have been strategically designed into the project providing both privacy and architectural enhancement of the proposed units. In addition to the landscaping, the applicant is also providing two (2) recreational areas as well as a decorative wrought iron fence along Lindsay Street. Plant Species for all street trees, shrubs, ground cover and lawn area will be selected from the City's recommended plant list. The applicant has provided a landscape plan design which will create a pleasing and comfortable environment for the residents to enjoy. Color and Materials The applicant is proposing a variety of colors and materials which will enhance the variable architectural options proposed which have been selected to complement one another as well as providing diversity and quality throughout the complex and within the neighborhood. ROOF WALLS STUCCO TRIM/ACCENTS TRIM AND FASCIA RAFTER TAILS & EAVES GARAGE DOORS SHUTTERS & FRONT DR "s" Tile Stucco Stucco Wood Wood Aluminum Wood Terracotta Summer Sun-American Tradition Marsh Green-American Tradition Dee Olive-American Tradition Dee Olive-American Tradition Dee Olive-American Tradition Ma'estic Oak-American Tradition The colors and materials proposed for this project meets the requirements set forth within Chapter 17.14 (Residential Development Standards) of the LEMC. Chapter 17.14 states that, No project should use the same color from house to house, however, no one structure should be at such a variance with its neighbors that it detracts from the character of the street as a whole. The colors and materials proposed have been selected to complement and enhance one another as well as the surrounding neighborhood. AGENDA ITEM No,3\ PAGE jJ)OF 'l5" PLANNING COMMISSION STAFF REPORT OCTOBER 17, 2006 PAGES of 5 PROJECT TITLE: RESIDENTIAL DESIGN REVIEW NO. 2006-06, FOR A FIVE UNIT RESIDENTIAL DEVELOPMENT. ENVIRONMENTAL Pursuant to the California Environmental Quality Act (CEQA), Section 15332 (In- fill Development Projects), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore no additional environmental clearance is necessary. RECOMMENDATIONS It is recommended that the Planning Commission adopt; Resolution No. 2006-_ recommending City Council adoption of findings of consistency with the Multi- Species Habitat Conservation Plan and Resolution No. 2006-_ approving Residential Design Review No. 2006-06, for a five unit residential complex and associated improvements located at the north-west comer of Pottery Street and Lindsay Street (APN No. 374-042-022). Approval is based on the Findings presented in the attached Resolution, Exhibits, and the Conditions of Approval. PREPARED BY: AGUSTIN RESENDIZ, ASSOCIATE PLANNER APPROVED BY: ~NDANZ' DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1. Planning Commission Resolutions 2. Planning Commission Conditions of Approval 3. Vicinity Map 4. Reduced Exhibits 5. Full Size Exhibits AGENDA ITEM NO..:3J PAGE 4-\ OP~ RESOLUTION NO. 2006-111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-06 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF A FIVE (5) UNIT NEW RESIDENTIAL DEVELOPMENT AND ASSOCIATED IMPROVEMENTS WHEREAS, Peaks ide Development, c/o Salvador Ayala has filed an application with the City of Lake Elsinore requesting the approval of Residential Design Review No. 2006-06 for the design, construction and establishment of a five (5) unit residential development and associated improvements within the Historic Downtown District (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending to the Lake Elsinore City Council approval, conditional approval, or denial of Design Reviews for residential projects; and WHEREAS, public notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 17,2006. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed request for Residential Design Review No. 2006-06 and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code ("LEMC") and the Historic Downtown Standards. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 0-, AGENDA ITEM NO.:....2.1 PAGE7;2.0F ~ PLANNING COMMISSION RESOLUTION 2006- PAGE20F3 SECTION 3. That in accordance with LEMC Chapter 17.82 (Design Review), the Planning Commission makes the following findings for the approval of the Project: I. The Project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan in that the approval of this Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The Project complies with the design directives contained in LEMC Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments. The Project has been designed in consideration of the size and shape of the property, and is designed to create interest and varying vistas as a person moves along the street. Further, the Project as proposed will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects. The architectural design, colors, materials and site design demonstrate a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA Guidelines 15332, the Project is exempt from environmental review because (a) the Project is consistent with the General Plan and zoning regulations; (b) the Project is within the city limits, is not greater than five acres, and is surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare or threatened species; (d) approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. 4. Conditions and safeguards pursuant to LEMC Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. AGENDA ITEM NO,.::i-.b PAGEV?OF "'fV PLANNING COMMISSION RESOLUTION 2006- PAGE 3 OF3 Pursuant to LEMC Section 17.82.070 (Action of the Planning Commission), the proposed Residential Design Review has been scheduled for consideration by the Planning Commission on October 17, 2006. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeenth day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM No.:3 i PAGE~OP~ RESOLUTION NO. 2006- ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS RESIDENTIAL DESIGN REVIEW 2006-06 (R 2006-06) IS CONSISTENT WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Peakside Development, c/o Salvador Ayala has filed an application with the City of Lake Elsinore requesting the approval of Residential Design Review No, 2006-06 for the design, construction and establishment of a five (5) unit residential development and associated improvements within the Historic Downtown District (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects, whether within a criteria cell or not, undergo the Lake Elsinore Acquisition Process ("LEAP"); however, Projects not within a criteria cell are not required to complete the Joint Project Review ("JPR"); and WHEREAS, projects not within a criteria cell need not be evaluated pursuant to all MSHCP requirements; but, must be evaluated in light of the general MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City of Lake Elsinore adopt consistency findings for all Projects demonstrating the Project's compliance with the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for industrial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project is not within an MSHCP criteria cell, but was evaluated pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.), the Project is categorically exempt from further CEQA review AGENDA ITEM NO..'::; I PAGE2/S0F -fB PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F4 WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 17,2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project's consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS I. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The proposed Project site is not located within a MSHCP criteria cell. However, based on requirements of the MSHCP, the Project was still required to, be consistent with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. Because the proposed Project is not located within a MSHCP Criteria Cell, it was not processed through a Joint Project Review. 3. The Project is consistent with the RiparianJRiverine Areas and Vernal Pools Guidelines. A site inspection revealed no riparian/riverine areas or vernal pools on the Project site. Further, the Project site is completely surrounded by existing ? ACENDA ITEM NO., . -:.) I PACE '2'" OF -1.t> PLANNING COMMISSION RESOLUTION NO. 2006- PAGE30F4 development. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines of MSHCP Section 6.1.2. No further MSHCP action is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines setforth in Section 6.1.3. Nofurther MSHCP action is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl Survey Area, and is therefore subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. The site was inspected by City Stafffor the presence of burrowing owls or suitable habitat for this species. No burrowing owls or suitable habitat are present on the Project site. Further the Project site is surrounded by existing development. The Project is therefore consistent with Section 6.3.2 of the MSHCP. No further MSHCP action is required. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. As stated above, the proposed Project is completely surrounded by development. Therefore, the Urban/Wildlands Interface Guidelines setforth in Section 6.1.4 of the MSHCP are not applicable. No further MSHCP action is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the Vegetation Mapping requirements of Section 6.3.1 of the MSHCP. No further MSHCP action is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No fUrther MSHCP action is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will be required to pay the City's MSHCP Local Development Mitigation Fee. !,p.':,:\']1\i1 .;;,'~ .:3 \ 'Zl.-.~~.~ PLANNING COMMISSION RESOLUTION NO. 2006- PAGE40F4 As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No further MSHCP action is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will be required to pay the City's MSHCP Local Development Mitigation Fee. 10.The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further MSHCP action is required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this seventeen day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chainnan Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO:':.' \ PAGE$JF~ GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnif'y, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Residential Design Review, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notif'y the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notif'y the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnif'y, or hold harmless the City. 2. The decision of the Planning Commission shall be final ten (10) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. RESIDENTIAL DESIGN REVIEW NO. 2006-06 3. Design Review approval for Residential Design Review No. 2006-06 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year p~r extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 4. Conditions of Approval shall be reproduced on the first page of the building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to :\(;I\N1H ITEM NO..:?:') \ I'.\(;F.~OF~ the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 7. Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. The applicant shall submit water plans to EVMWD and shall incorporate all District conditions and standards, including payment of applicable connection fees. 8. Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413 (b )(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in-lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 9. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 1O.All return walls at the front elevations facing the Alley Way shall be a decorative fence, consistent with the architecture ofthe homes proposed herein. ""'EN".\ ITEM N()..~ P.-\CJ<: ,:/>01,' ll.AlI exposed slopes in excess of three feet (3') in height shall have a pennanent irrigation system and erosion control vegetation installed, approved by the PlalU1ing Division. l2.The applicant shall comply with all of requirements explicitly expressed and required by the Riverside County Fire Department. PRIOR TO BUILDING/GRADING PERMITS l3.Prior to issuance of any grading penn it or building pennits, the applicant shall sign and complete an "Acknowledgement of Conditions" fonn and shall return the executed original to the Planning Division for inclusion in the case records. 14.Prior to the issuance of a building pennit the applicant shall have recorded a lot line adjustment with the County of Riverside. IS.Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 16.Three (3) sets of the Final Landscaping/Irrigation Detail Plan for the landscaping of the development shall be submitted, reviewed and approved by the City's Landscape Architect Consultant, the Community Development Director or designee and the Community Services Director, prior to issuance of building pennit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have pennanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty-feet (30') apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. :;J.' ,\(;END" I'll''! N.()~ P.-\GI~~OF-rv d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 17.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. IS.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 19.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. ~' .,\(;[':NIH ITE.t>.1 N(t~"'-.7 PI\GI;,~)F 20.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ADMINISTRATIVE SER VICES 20.Prior to the issuance of a building permit the applicant shall annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenances issues in the City. 21.Prior to issuance of a building permit the applicant shall annex into the Lighting and Landscape 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. 22.Prior to the issuance of a building permit the applicant shall annex into the Mello- Roos Community Facilities District to fund the on-going operation and maintenance of the parkways and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. COMMUNITY SERVICES DEPARTMENT 23. The applicant shall pay park fees of $1,500.00 per unit. 24.The applicant shall participate in the City of Lake Elsinore LLMD. 25.All exterior walls to be masonry block with anti-graffiti coating. 26.The applicant shall meet all City requirements for the recycling and removal of construction debris and materials. 27.The applicant shall comply with all NPDES requirements for urban storm water runoff. ENGINEERING 28.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. ACI.':NDI\ rTf~M N(,~:~~~ \';\GI;,~WIV 28.The Applicant shall provide in-lieu payment for future half-width street improvements on Pottery Street prior to building permit (Res. 86-35). Dedicate a ten-foot (10') street right-of-way on Pottery Street such that the centerline to property line is fifty-feet (50'), as well as a two and one half foot (2'-6") dedication along the alley, such that a center line to the property is twelve feet six inches (12' -6"). 29.The applicant shall Process and meet all parcel merger requirements prior to building permit, or submit proof of merger of the 2 lots prior to building permit. 30.The applicant shall install three (1) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 31. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 32.The applicant shall submit a Condominium Tract Map, and record it after approval by the City. Applicant shall record a CC&R's with recordation of condominium map which provides for irrevocable reciprocal access to parking garages, and landscaping and maintenance of the same by a Home Owner Asssociation subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage , roof mounted or front yard microwave satellite antennas. 33.AII open space shall be owned and maintained by either a home owner's association or private property owner. 34.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 service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 35.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. /\(;I.:NDA 1"1"1,1\[ NO,'':':;:) l I'.-\(;I':~)II~ 36.Provide fire protection access and facilities as required in writing by Riverside County Fire. 37.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 38.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez@lake-elsinore.org". DEDICATION: 39.The applicant shall dedicate a 2.5' wide strip of additional right of way alone northerly property line to the City for widening of the alley right of way prior to issuance of building permit. 40.The applicant shall dedicate 10' wide strip of additional street right of way along the southerly property line to the City for widening of Pottery Street right of way to total of 50' from centerline, prior to issuance of building permit. 41.Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval pdor to issuance of building permit. STREET IMPROVEMENTS 42.Construct all public works improvements from property line to one foot beyond centerline of Pottery Street (the minimum pavement section shall be 4" Asphalt Concrete over 6" Aggregate Base). Construct pavement and centered 2' wide concrete gutter in the alley, (the minimum pavement section shall be 2.5" Asphalt Concrete over compacted native base.) Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 43.A Calif. Registered Civil Engineer shall prepare street and alley improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes 7" !\C1END.\ ITI~r.J NO,~ \ I'AGF'3'5'lFW (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours shall extend to 50' beyond the property limits on Lindsay Street centerline and on the alley centerline. 44.Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 45.The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. GRADING 46. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 47.The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 48.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sun of the cut and fill in grading exceeds 50 cubic yards and the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of IS feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit issuance. 49.The applicant shall provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 50.The applicant shall provide erosion control measures as part of their grading plan. Developer shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "An in the Riverside County NPDES Drainage Area Management Plan. .;.1 . i\nJ':Nu.,.\ rTI~I\[ NO(~~ p\Cr.WFIV 5l.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. DRAINAGE: 52. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 53.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 54.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. 55.The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES: 56. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $959.00 per unit; the current total drainage fee for the condominium complex is $1,688.00 (Town No.3 Dist.) and the current TUMF amount is $6,806.00 per unit, the amount of fees shall be adiusted according to the fee schedule current at the time of pavment. STORMW A TERJ CLEANW ATER PROTECTION PROGRAM 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. This includes 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. .;..) I .'\(;ENUA I'l'l '.M NO. 'J P_<\(;I~?>Jori~ 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. :\{ ;ENDA fTl\t-.l !\i.o. 9J 1':\(;I.:~)F .,,::> PLANNING COMMISS IN OCTOBER 17, 2006 R 2006-06 5 UNIT APARTMENT COMPLEX .,/,/ \, \ s" ,,,,,-,, .' s~ . '". ". " \' I . -'-.~,- .": / '~ ( "h'~'"'''<_,:~<':fl/;y ......~.-.,)...rJ'r ,- "f ..........-.. I I ~':::.."'. -...}....~.:..,.,~.. , /. i,: '. I" f..j ;.... '('~j':" ". J' '''':'~~'' /:'""';1;/~j I~,' ~" '~!.;:":"'''~;'':'-;' 1 '--~':'!1"r~j,' J "I'i"" '.', '~'" J'r ' " '" ' -, ',"; "''Ii''''';; , --.,. .,: . ", f ~.; <"'( .. i , " _ . g/:" ,"'" "~".""" ,~'>, I r. -....... ""..' , -, ,i'!".". ;",.,,:, ,,,,...,..i.'.<i;fJ..,.,,'...'." ..... . f.. '.. ,. " ,. "r?~i/- /-///"'''" :'>/'.' ' ~,I'~~'-M~ .... ;:.:' ""~ ~ ~" i,l i / .:..........:.:-,,~_. '..', , / ~.,..... ," ,.~.~....~.... 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J:.~ ~ PACE t\-4- OF . r lit II. .. ~._- 9t>Q.L~"'l9 ~ge Ntt7d DNldVDSONtf7 ao-r~t~~~~':J:~~1"l ~I! fl i ,.. 'fJ DNIOItI:/D JOlln6", oE,aJJj\f 'JI'l ~ oJ J.I:/ItN/W/133I:/d X'31dViOO lN3\'ti~VdV 3^," --~ ! I , I II ' ,8 I, ~i' 3~h ~ I ~",!1 ~il ~ . i ,~ ri , 11m ~hu Iii: Ii, , i' !l Cl ! II J ~ I Iii il ~ ~ il~f! 'to; iii II; ; 'II s8 :'4 !i~ '! ~ Ifill II!' k tj 'll 15 Cl i jill'ill ~m . nll I' hI II II I IIi 0<S><S> I i I I I lp I I I" IP I I ql II" , , BlSleil!1! "l<lil~ I I 11i1l1,1l IImltll \' r I ~ I:: ~ ~ \, -l--------- . I I I 1 ~ln./ "ail\'! .~.' % :J ~ ~ .~ is " ~ , ~ +-', ,0 . :.. '(jj :z: " '.~'~ tn .:<1: 'UH \;: '<I .- " '::1 j . I I I r I I r ". .. ... ~ :l w re -, ~ i 'lS .{J8nOd .~ -, ;:2 jl.Cl:.NOA A~~ PAGE__~Of_P_ CITY OF LAKE ELSINORE REPORT TO CITY: COUNCIL TO: MAYOR AND CITY COUNCIL " FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14, 2006 SUBJECT: 2006 - 2007 C.D.B.G. SUPPLEMENTAL AGREEMENT BACKGROUND The City Council, at their regular scheduled meeting approved the 32nd Year Community Development Block Grant projects for Fiscal Year 2006-2007. In July 2006, the City was notified by the Riv7rside County Economic Development Agency (EDA) that the City's programs were approved by the County Board of Supervisors. DISCUSSION Upon the City's approval, the projects are forwarded to the Board of Supervisors of Riverside County for approval. Following the County's approval, they are forwarded to Housing and Urban Development (H.U.D.) for their concurrence and approval. With H.U.D.'s approvals, the County sends a supplemental agreement that the City must approve and return to the County. When the County Board of Supervisors approves the supplemental agreement, they will send the City a letter authorizing the City to "incur costs." When we receive this notification, we are then able to release funds to the approved projects with assurance of reimbursement from the County. ACENDA ITEM NO. 72- PACE--1-oF -4- REPORT TO CITY COUNCIL NOVEMBER 14, 2006 PAGE 2 FISCAL IMPACT The 32nd Year allocation for the City of Lake Elsinore totals $236,011. RECOMMENDATION It is recommended thc Mayor and City Council approve the attached supplemental agreement for 32nd Year C.D.B.G. Funds (File I.LE103; I.LEI04; I.LE105; 0.726; 0.744; 0.748; 0.749), for City Park Play Equipment Replacement ($125,973); Lake Elsinore Senior Activity Center ($8,000); Code Enforcement - Dangerous Structures Abatement ($75,000) Casa De Paz ($3,373); Operation School Bell ($4,982); H.O.P.E. ($12,455); The Learning Connection ($6,228); and authorize the Mayor and City Clerk to execute the documents and mail, along with a certified copy of the minutes to the County of Riverside Economic Development Agency including a copy of the minute order by which the agreement was considered and approved. PREPARED BY: DA "_'J OF COMMUNITY SERVICES APPROVED }i'OR AGENDA BY: ~.", // .1::)/) AGENDA ITEM NO., .-' PAC'':: ,9, OF _I) \ RIVERSIDt; COUNTY Economic Development Agency November 1, 2006 Mr. David Sapp, Director of Community Services City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 RE: SUPPLEMENTAL AGREMENT FOR THE 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM YEAR Dear Mr. Sapp: Enclosed please find three (3) copies of the above referenced Supplemental Agreement for your city's 2006-07 CDBG program year. This agreement covers the following activities: 1.LE103 1.LE104 1.LE105 0.726 0.744 0.748 0.749 City Park Play Equipment Replacement Lake Elsinore Senior Activity Center Code Enforcement-Dangerous Structures Abatement Casa De Paz Operation School Bell - Temecula Valley H.O.P.E. The Learning Connection $125,973 $ 8,000 $ 75,000 $ 3,373 $ 4,982 $ 12,455 $ 6,228 Upon review of the agreement, have all three copies executed and returned to this office together with proper documentation of your City Council's approval of the agreement and authorization to execute. The executed agreements must be returned to this office no later than forty-five (45) days from the date of this letter. A fully-executed Supplemental Agreement will be forwarded to you as well as the authorization to incur costs. Please be advised that this is not a notice to proceed. the County will not reimburse the City of Lake Elsinore for any expenditure prior to the issuance of the Authorization to Incur Costs. Should you have any questions, please contact Jackie Gonzalez at (951) 955-8916. ohn Thurman CDBG Program Administrator SH:JT:sj ECONOMIC DEVELOPMENT/MARKETING. REDEVELOPMENT. HOUSING. WORKPORCE DEVELOPMENT. HOUSING AUTHORl1 AVIATION' RIVERSIDE COUN1Y FAIR & NATIONAL DATE FESTIVAL,' EDWARD-DEAN MUSEUM & GARDENS. COMMUNIlYSERVI . AGENDA ITEM NO. PAO~_.__-3 /<.1 --.;)- - I 2 3 4 5 6 7 File: I.LEI03-I.LE105, 0.726, 0.744, 0.748-0.749 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The COUNTY OF RIVERSIDE of the State. of California, herein called, "COUNTY," and the CITY OF LAKE ELSINORE, herein called "CITY," mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated 8 July 12, 2005, whereby CITY elected to participate with COUNTY, which has qualified as an 9 "Urban County" for purposes of receiving Community Development Block Grant (CDBG) 10 funds, and to assist and undertake essential community development and housing assistance II activities pursuant to the Housing and Community Development Act of 1974, as amended, 12 hereinafter referred to as "Act". Said Cooperation Agreement dated July 12, 2005, is 13 incorporated herein by reference and made a part of this Agreement as if each and every 14 provision was set forth herein. 15 2. PURPOSE. CITY promises and agrees to undertake and assist with the 25 0.749 The Learning Connection. $6,228. 26 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be 27 for a period of one (1) year from July I, 2006 to June 30, 2007, and proceed consistent with the 28 completion schedule set forth in Exhibits A, B, C, D, E, F and G. In the event that the projects Page 1 of g AGENDA ITEi.~ NO."~.:2 ..( PA"", LJ,. 0:= I ~ I ...,...._~.-.- ~-_.-. 1 are not substantially completed by the time set forth in the completion schedule due to 2 unforeseen or uncontrollable causes, the COUNTY may consider extending the schedule for the 3 completion of the project. Times of performance for other activities may also be extended in 4 writing by COUNTY. If substantial progress toward completion in conformance with the 5 completion schedule, as determined by COUNTY, of the projects are not made during the term 6 of the Supplemental Agreement, COUNTY may su~pend or terminate this agreement by the 7 procedures set forth in the Section titled "Termination", of this agreement and the entitlement 8 funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is 9 given. 10 4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall determine 11 the final disposition and distribution of all funds received by COUNTY under the Act consistent 12 with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic 13 Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in 14 Exhibits A, B, C, D, E, F and G; (2) It is the CITY's responsibility to monitor all project 15 activities of Exhibits A, B, C, D, E, F and G to ensure compliance with applicable federal 16 regulations and the terms of this Agreement. CITY shall comply with timely drawdown of funds 17 by submitting monthly requests for reimbursement. All disbursements of grant funds will be on 18 a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter 19 identifying payments and documentation which supports expenditures. 20 All authorized obligations incurred in the performance of the Agreement for projects 21 eligible under the following regulations must be reported to COUNTY no later than by June 5, 22 2007: 23 24 25 26 27 a, Public Services [24 CFR 570,201 (e)] Acquisition [24 CFR 570.201 (a)] Clearance Activities [24 CFR 570.201 (d)] Interim Assistance [24 CPR 570.201 (I)] Code Enforcement [24 CPR 570.202 (c)] b. c. d. e. 28 All other eligible activities under this Agreement must be implemented, completed, and Page2of9 .~~,~ 1\" ~:;.? (' / ACi:NDA ITb, "';.~!. ,___ PAC;:!5 _ ()~.....:iL I obligations reported by the CITY no later than the completion schedules set forth in the Exhibits 2 to this Agreement. 3 3) The COUNTY will directly manage and monitor projects identified in Exhibits D, E, F 4 and G. These projects have been determined to be Countywide, receiving grant funding from 5 multiple sources; therefore, these projects will be managed and monitored by the COUNTY. 6 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with 7 COUNTY in undeltaking essential community development and housing assistance activities, 8 specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying 9 out its Strategic Plan of the Consolidated Plan and other requirements of the Community 10 Development Block Grant Program. 11 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA 12 ENVIRONMENTAL OUALITY ACT (CEOA). Pursuant to Section 15051(d) of Tide 14 of the 13 California Administrative Code, CITY is designated ,as the lead agency for the proj ects that are . 14 the subject matter of this Agreement. 15 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all 16 applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY 17 and its agency members and their respective agents, servants and employees of and from any and 18 all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever 19 kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the 20 defense of said parties, and the payment of attomey's fees, arising out of or in any manner 21 connected with the performance by CITY under this Agreement. 22 23 8. RECORDS AND INSPECTIONS, a. CITY shall establish and maintain records in accordance with 24 CFR Part 24 570, Part 85, OMB Circular A-87, and 24 CFR 91.105, as applicable, and as they relate to the 25 acceptance and use of federal funds under this Agreement. 26 b. CITY shall maintain a separate account for CDBG Entitlement funds 27 received as set forth in Exhibits (A, B, C, D, E, F and G), 28 c, CITY shall, during the normal business hours, make available to Page 3 of 9 ^G'oo'''''' I'" ..' .;, 7 ...,. I;.:l\l~:.," ,."'>< i-,.,,,=), ' PA('E__Lc.__.();.~ 1 COUNTY, the U.S. Department of Housing and Urban Deve]opment (HUD), or other authorized 2 representative, for the examination and copying all of its records and other materials with 3 respect to matters covered by this Agreement. 4 d. CITY shall not retain any program income as defmed in Section 570.500 5 of Title 24 of the Federal Code of Regu]ations. Said program income shall be used only for the 6 activities that are the subject of tills Agreement. Further, all provisions of this Agreement shall 7 apply to such activities. 8 e. The CITY shall ensure that at least fifty-one percent (51%) of the persons 9 benefiting from all CDBG-funded activities or projects designated as serving limited clientele 10 [570.208(a)(2)(i)]are of low and moderate income and meet the program income guidelines 11 attached as Exh:ibits (A, B, C, D, E, F and G). The CITY must provide the required direct 12 benefit documentation. 13 9. FEDERAL REOUIREMENTS. CITY shall comply with all applicable federal, ]4 state and local laws, regulations and ordinances and any amendments thereto and the federal 15 regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, 16 CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code 17 of Federa] Regulations. CITY is to comply with OMB Circular A-87, or any subsequent ]8 replacement. CITY is to abide by the provisions of the Community Development B]ock Grant ]9 Manual, prepared by COUNTY and cited in the above-mentioned Cooperation Agreement. 20 CITY will comply with Section 3 of, the Housing & Urban Development Act of 1968, as 21 amended, attached hereto as Exhibit "S". CITY will comply with the provisions of 24 CPR Part 22 570.200 (j), attached as Exhibit "R," pertaining to inherently religious activities. 23 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees 24 shall act at all times in an independent capacity during the term of this Agreement, and shall not 25 act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees 26 of the COUNTY. 27 28 11. TERMINATION. a. ClTY. CITY may not terminate this Agreement except upon express Page 4 019 AGENDA ITENI ~J(J." ,,2_ PAccL__Or, &) \ I written consent of COUNTY. 2 b. COUNTY. Notwithstanding the provisions of Paragraph Ila, COUNTY 3 may suspend or terminate this Agreement upon written notice to CITY of action being taken and 4 the reason for such action: 5 (I) In the event CITY fails to perform the covenants herein contained 6 at such times and in such manner as provided in this Agreement; and 7 (2) In the event there is a conflict with any federal, state or local law, 8 ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or 9 untenable; or 10 (3) In the event the funding from the Department of Housing and II Urban Development referred to in Paragraphs I and 2 above is terminated or otherwise becomes 12 unavailable. 13 c. Upon suspension of this Agreement, CITY agrees to return any 14 unencumbered funds which it has been provided by COUNTY. In accepting said funds, 15 COUNTY does not waive any claim or cause of action it may have against CITY for breach of 16 this Agreement. 17 d. Upon suspension of this Agreement, CITY agrees not to incur any 18 additional cost with regard to the projects that are cited in the written notice as necessitating the 19 suspensions. 20 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of 21 Title 24 of the Federal Code of Regulations which requires that no person in the United States 22 shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be 23 denied the benefits of, or be subjected to discrimination under any program or activity funded in 24 whole or in part with Community Development funds. 25 26 13. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected 27 and appointed officials shall become familiar with and shall comply with the CDBG regulations 28 prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI" Page 5 of 9 ..~() AViMl''U.;,..'\IIL.a..._._,- _./.>~___ PAO~ ~ F --51-. I and by this reference incorporated herein. 2 b. CITY and its assigns, employees, agents, consultants, officers, and elected 3 and appointed officials shall become familiar with and shall comply with Section A-II of the 4 County's CDBG 'Policy manual, attached hereto as Exhibit "CIn and by this reference 5 incorporated herein. 6 c. CITY understands and agrees that no waiver of exception can be granted 7 to the prohibition against conflict of interest except upon written approval of HUD pursuant to 8 24 CFR 570.611 (d). Any request by CITY for an exception shall fIrst be reviewed by 9 COUNTY to determine whether such request is appropriate for submission to HUD. In 10 determining whether such request is appropriate for submission to HUD, COUNTY will consider II the factors listed in 24 CFR 570.611 (e). 12 d. Prior to any funding under this Agreement, CITY shall provide COUNTY 13 with a list of all employees, agents, consultants, offIcers and elected and appointed offIcials who '. 14 are in a position to participate in a decision making' process, exercise any functions or 15 responsibilities, or gain inside information with respect to the CDBG activities funded under this 16 Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including 17 even the appearance of conflict, that may arise with respect to the CDBG activities funded under 18 this Agreement. 19 e. Any violation of this section shall be deemed a material breach of this 20 Agreement, and the Agreement shall be immediately ierminatC!f by the COUNTY. 21 14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no 22 liability for any later determination by the United States Government, the Department of 23 Housing and Urban Development or any other person or entity that CITY is or is not eligible 24 under 24 CFR Part 570 to receive CDBG funds. 25 15. USE OF PROPERTY. ,Whenever federal CDBG funds or program income are 26 used, in whole or in part, for the purchase of equipment or personal property, the property shall 27 not be transferred from its originally funded use, by CITY or subrecipient, for a period of fIve (5) 28 years from the close-out date of the grant from which CDBG assistance was provided. The Page 6019 ACENPA ITEM NO. .?/J-. PAC,,__l____o:: -J.L 1 CITY shall maintain a current inventory for COUNTY monitoring and review. 2 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY 3 agrees to notify and to require any lessee or assignee to notify Riverside County Workforce 4 Development Center of any and all job openings that are caused by this project. 5 17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant 6 to this Agreement, during the term of this Agreement; will make reference to the Contribution of 7 the County of Riverside, the Economic Development Agency, and the Community Development 8 Block Grant Program in making the project possible. 9 18. PROGRAM MONITORING AND EVALUATION. CITY and its subrecipients 10 shall be monitored and evaluated in terms of its effectiveness and timely compliance with the 11 provisions of this Agreement and the effective and efficient. achievement of the Program 12 Objectives. Quarterly reports shall be due on the laSt day of the month immediately following 13 the end of the quarter being reported. The quarterly written reports shall include, but shall not be 14 limited to, the following data elements: 15 a. Title of program, listing of components, description of 16 activities/operations. 17 b. The projected goals, indicated numerically, and also the goals achieved 18 (for each report period). In addition, identify by percentage and description, the progress 19 achieved towards meeting the specified goals and identify any problems encountered in meeting 20 goals. 21 c. If the CDBG-funded Activity meets a National Objective under 24 CFR 22 570.208 (a)(2)(i), CITYwill report the following: 23 I) Total number of direct beneficiaries (clientele served) with 24 household incomes at: 25 . Above 80% MHI 26 . Between 50% and 80% MHI (Low-Income) 27 . Between 30% and 50% MHI (Very Low- Income) 28 . Less than 30% MHI (Extremely Low-Income) Page 7 of 9 ACENt'AITEM NO._ .:32 PAC2 1'0 F 0( . -.. ----- --'<.'-\.......... 1 2) Total number and percent (%) of the clientele served that have 2 household incomes at or below 80% MHI 3 4 3) 4) Racial ethnicity of clientele Number of Female-Headed Households 5 CITY and its subrecipients shall report beneficiary statistics monthly to EDA on the pre- 6 approved Direct Benefit Form and Self-Certification Form (certifying income, family size, and 7 racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should 8 HUD implement changes during the term ofthis agreement. 9 CITY and subrecipients will collect and provide all necessary data required by HUD 10 pertaining to the Specific Outcome Indicators as identified in the CPD Outcome Performance II Measurement System. 12 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with 13 the cooperation Agreement between the parties, embodies the entire agreement of the parties in 14 relation to the subject matter thereof, and that no other Agreement or understanding, verbal or 15 otherwise, relative to this subject matter, exists between the parties at the time of execution. 16 20. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or 17 designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to 18 implement the terms, provisions, and conditions of this Agreement as it may be amended from 19 time to time by COUNTY. 20 21. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval 21 from the Economic Development Agency prior to implementing the following "high risk" 22 activities funded with CDBG assistance: 23 24 a. b. 25 26 27 28 Construction of public facilities (project plans and specifications); Acquisition of real property; c. Historic Preservation; Relocation; and Economic Development d. e. 22. MODIFICATION OF AGREEMENT. This Agreement may be modified or Page 8 of g Aome!, ITEM N<;~3:2 .." ..~~ PA(j2__~t_OF ':)1 amended only by a writing signed by the duly authorized and empowered representative of 2 COUNTY and CITY respectively. 3 4 DATED: 5 6 ATTEST: Nancy Romero Clerk of the Board By: Deputy 7 8 9 10 1 I DATED: COUNTY OF RIVERSIDE By: " Chairman, Board of Supervisors 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: (Seal) APPROVED AS TO FORM By: County Counsel CITY OF LAKE ELSINORE SH:JT:MV:bf By: Mayor S:\CDRG\06-07 CDBO MI51er Tracking\City. lAke EIJinore\SuppAl!ree_lalreE\sino~l'tYised,doc: Page 9 019 >i~2, ,4~",-_ .x' AO~NCA ITEM l\l!,) M"'" I:~C, ""E"~~_.~\:~,. .I" Prohibition Against Conflicts of Interest EXHffiIT CI , page I of 4 9570.611 Conflict of interest. (a) Applicabilitv. (I) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at 9 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-1l0, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to 9 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to 9 570-203, 9 570.204 or 9 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to p.articipate in a decision making process or gain inside information with regard to such: activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) Exce1Jtions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. AG~N[;A ITEM 1'lO._....,,0.2._._ PAO::-L3._.c;'....iL. Prohibition Against Conflicts of Interest EXHIBIT CI. page 2 of 4 (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (I) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being m~de available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to' the specific assisted activity in question; (5) Whether the inte,est or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. AGE'I....!\. 'Te'" "" ";;:< "J t"\ I' t~.., . ",;l~l _l'~~.., ,_:::Lc...._...._ Pf\C~~.Jt. ...ly'.....1-t-_ Prohibition Against Conflicts of Interest Exhibit CI, page 3 of 4 TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These Regulations. "Admhristrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" require that grantees and sub-grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a. conflict of interest, real or apparent, would be involved. 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub-grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub-agreements except as noted in Section 4. 4) A grantee's or sub-grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. "G""-' ., ..., ,. .). ) ~~,;!"I.}A ifEI"'1 \'J.O,_-:=;".,'." PAG:'O-lfl.. .0:" J I Prohibition Against Conflicts of Interest Exhibit CI, page 4 of 4 TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 iii) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent ,,for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the tiroe when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a lO-percent interest or more. ' d"') ~. ..,.- I " . .'" ' ;.',. ..' . AOC.'ll.;;.';\ I! Eli! i~!),_..:" __" .:'",..__ FI!..\i~__Ji4__..();::...~-,- EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page I of2 In accordance with First Amendment Church/State Principles, as a general rule, CDBG/ESG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. The following restrictions and limitations therefore apply to the use of CDBG/ESG funds. (1) CDBG/ESG funds may not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interests. This limitation includes the acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph (j) (2) of this section with respect to rehabilitation and under paragraph (j) (4) of this section with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG/ESG funds at no more than fair market value for a non- religious use. (2) CDBG/ESG funds may be used to rehabilitate buildings owned by primarily religious entities to be used for a wholly secular purpose under the following conditions: (i) The building (or portion thereof) that is to be improved with the CDBG/ESG assistance has been leased to an existing or newly-established wholly secular entity (which may be an entity established by the religious entity); (ii) the improvements; The CDBG/ESG assistance is provided to the lessee (and not the lessor) to make (iii) The leased premises will be used. exclusively for secular purposes available to persons regardless of religion; (iv) The lease payments do not exceed the fair market rent of the premises as they were before the improvements are made; (v) The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the lessor; (vi) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retains the use of the leased premises:' for a wholly secular purpose for at least the useful life of the improvements, the lessor will pay to thelessee an amount equal to the residual value of the improvements; (vii) The lessee must remit the amount received from the lessor under subparagraph (2)(vi) of this section to the recipient or subrecipient from which the CDBG/ESG funds were derived. 4tGC~;'JE:A in:;~'; i~:. .-",,:22:~.__._ PACE---!.q..":' .5/ EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 2 of2 The lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such case, the religious entity must agree in the management contract to carry out the secular purpose in a manner free form religious influences in accordance with the principles set forth in paragraph (j)(3) of this section. (3) As a general rule, CDBG/ESG funds may be used for eligible public services to be provided through a primarily religious entity, where the religious entity enters into an agreement with the recipient or subrecipient from which the CDBG/ESG funds are derived that, in connection with the provision of such services: I I: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. \, I (ii) It will not discriminate against any person applying for such public ser~ices on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; . (iv) The portion of a facility used to provide the public services shall contain no religious symbols or decorations, other than those permanently affixed to or part of the structure. (4) Where the public services provided under paragraph (j)(3) of this section are carried out on property owned by the primarily religious entity, CDBG/ESG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar temlS only an incidental portion of the CDBG/ESG expenditure for the public services. M""I"'" "C ;'i))' Jl"l.vJo;,......~"I.I.L:"il ;'<>'__ ,_._.~_- PAOi:.-.ft_ (j" -,;1 /--- EXHIBIT "S", page I of 1 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3), The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipientsofHOO assistance for housing. B. The parties to this contract agree t~ comply withHUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution o(this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (J) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HOO's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, s~ction 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.c. 450e) also applies to the work to be performed under'this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian- owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). . ~CEf\\l:,'\ ITEM Na_,.:;J7k_~_ PACi:_._li_OF._.1!_ EXHIBIT A Page I of6 File: I.LEI03 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: ('; ry nf T,,,d<<'> 1':1 "i nnrp ADDRESS: 1~~ 9 M~;n ~r~QAt Lake Elsinore,CA 92530 PROGRAM CONTACTS: David Sapp, Director of Community Services PHONE: (951) 674-3124 FAX: E-MAIL: PROJECT NAME: City Park Play Equipment Replacement. l.LE103 PROJECT LOCATION: 243 S. Main Street LEVEL OF ENVIRONMENTAL CLEARANCE: CbBG ELIGIBILITY CODE: PROJECT FUNDING SUMMARY: I ST District 2nd District 3'd District $0 $0 $0 4th District 5th District City Funding $0 $0 $125,973 Project to be administered by County (EDA) on behalf of City: YES 0 NO [RJ II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the City Park Play Equipment Replacement in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 CDBG funds will be used to purchase and install a play apparatus and surface to meet new code requirements as per State Playground Safety regulations (Title 22 California Health and Safety Code). The project will also include a shade cover to allow for year-round use and to extend the life of the play apparatus. r) '7- ."......, ,-,',-,' '. . --. ") V'\vt.;,~\l.:....',,\ 1 i !:\'Jl ;,~t).....j.,._...L.._,"-=-__ PP,C~ ..0 () Ci' ,~l -.-:~..,.-.~t.:::-::.:' EXHIBIT A Page 2 of 6 File: J.LE 103 B. National Objective All activities funded with CDBa funds must comply with one of more of the CDBa program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208(a)(l)(i) CFR Reference: 570.208(a)(2)(i) C. Levels of Accomplishment - Goals and Performance Measures The City agrees to implement and complete the following activity (ies): Activity #1 Design, Purchase, and install compliant playground equipment. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): [8] Creating Suitable Living Environments o Providing Decent Affordable Housing o Creating Economic Opportunities Outcome (select one): [8] A vail ability/ Accessibility o Affordability o Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBO funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. ^rc;>",. I""P " , ;2_,'1 '"'V....I"f,,;;..,~ It.,~\ ;''-''_...,.s--f,&..;..__ PAC2~CF ":'1 EXHIBIT A Page 3 of6 File: l.LEl03 E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City witmn a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $125.973. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget br~akdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fasmon in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount: DesignlEngineering Costs 125.973 Project Administration Costs Construction Costs AcqUisition Costs Relocation Costs Capital Equipment Costs Code Enforcement Clearance Interini Assistance Other . TOTAL CDBG BUDGET 125.973 M-"')'" ..."".." ;1,2 "VLi\i~~;"" t I t;~1/, .',~ l'",_,,;'_c__.:::. PAC" J.~._ or 51 _J EXHIBIT A Page 4 of6 File: l.LEI03 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CPR 84 or85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation 'for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping I. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; ili. Records required to determine the eligibility of activities; iv. Records required to docUment the acquisition, improvement, use or disposition of real property acquired or improved with CDBG . \ assIstance; v. Records documenting compliance with the fair housing and equal opportunity componentspfthe CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary'to document compliance with Subpart K of24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of th'e "Submission Of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time: Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions ~that involve any ofthe records cited and that have (""""'1" ,:2j A...lj..,l\a~'..< i I LV! i\.U_,^.,..,..~:_,1~:c-_ PA(";~..J..3-._j)F. ,I') I EXHIBIT A Page 5 of6 File: I.LEl03 started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to; client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall n~t end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent ,cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & InsDections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time. during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-B3. 'e'''''''' I""'" . ';)'2, t"\ ",1\l"t,;..4. i~!1;'; ~\i!..i,"'"' ) '-t'""" ,,"^''-----" PACE (~ ,"0;' 1) I . EXHIBIT A Page 6 of6 File: l.LEI03 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre-approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Comoletion Date Implement Project Activities Upon Notification trom EDA Execute Supplemental Agreement & Notice to Incur Cost November 2006 November 2006 Submit Quarterly Performance Reports to County 0ctober 15, 2006 April 30, 2008 County Monitoring of City ProgramlPerformance To be determined by Program Manager City Submits Reimbursement Requests Monthly Submittal 0 0ther Schedule IL$J TBD TBD May 2008 CDBO-funded Project Complete V. SPECIAL CONDITIONS /PERFORMANeE REQUIREMENTS City will comply with applicable Federal procurement procedures for the purchase of the equipment. ",,,"..~, ,'",,' , .;:>,", ~y.~;H.~,.~ , I r.;:lv. t\lv_. ~._6~_..,,,_ PACE_.85...or'.. :5 {, EXHIBIT B Page I of6 J.LE 104 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Lake Elsinore ADDRESS: 130 S. Main Street Lake Elsinore,CA 92530 CITY PROGRAM CONTACTS: David Sapp, Director of Community Services SUBRECIPIENT NAME: ADDRESS: PROGRAM CONTACT: PHONE: (951) 674-3124 FAX: E-MAIL: PROJECT NAME: T.~k., F.ls;nor., S.,n;or Ar.thr;ty c..,nt.,r. 1 T.F,104 PROJECT LOCATION: 4?O ~ T,,,kp,,,,,,rp T"lr T.:::.'ll'p 'Flc::.int"lrp, r'.b. Q?ti30 LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: I ST District 2nd District 3rd District $0 $0 $0 4th District 5th District City Funding $0 $0 $8,000 Project to be administered by County (EDA) on behalf of CITY: YES D NO [&] II. SCOPE OF SERVICE A. Activities City will be responsible for adminisiering a 2006-2007 Community D~velopment Block Grant for the Lake Elsinore Senior Activity Center in a manner satisfactory to the 80unty of Riverside and consistent with any standards required as a condition of providing these fUnds. Such program will include the following activities eligible under the Community Development Block Grant program: AN'W'" 1'1'''''1'''0' ./,") ~v..H.;.hd.;......... cl'J. 'J ....-...,~~_ fWJr:..i)../fi__ ~i;.!D. EXHIBIT B Page 2 of6 1.LE104 Activity # I The Senior Activity Center' provides educational, recreational, and information/referral to seniors in Lake Elsinore. CDBG funds will allow for expanded services and programs. CDBG Funds will be used for staff salarieslbenefits, and other operation expenses. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (les) carried out under this Agreement will meet the following National Objective: National Objective Criteria: T .owl Mon Clientele PTE':~1Jmed CFR Reference: 570.208(a)(2)(i)(A) C. Levels of Accomplishment - Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units per Month Total UnitsNear Total Unduvlicated Persons Activity #1 25 250 250 Unit of Service is defined as: Senior participation in a CDBG funded program. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): [8J Creating Suitable Living Environments o Providing Decent Affordable Housing o Creating Economic Opportunities Outcome (select one): [8J Availability/Accessibility o Affordability o Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial rescurces necessary to implement and carry out the activities funded with CDBG funds. ' City will immediately notify County of any signifi~ant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement.- Any changes in the above items are subject to the prior approval of the County. f\GPSC./\ rrEr,.1 NO. ;::Y;2, __' :'AG.~...:J..!:t__OF__L)J . EXHIBIT B Page 3 of6 I.LEI04 E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procefiures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $8.000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing jJy both the County and City.' Line Item Amount: Direct Program Expenses Salaries $ 6.000 Fringe Office Space (Program only) Utilities Communications ReproductionlPrinting Supplies and Materials Mileage Equipment (Program Only) Audit Transportation Other (Specify) 2.000 Operation Expenses Total Direct Prog,:,am Costs lndirect Costs (Specify)- Total Indirect Costs TOTAL CDBG BUDGET $ 8.000 * All indirect .costs must be pre-approved by the County. City must submit an Indirect Cost Allocation Plan to COUllty, in a form specified by County, demonstrating the appropriate share of general and administrative costs. :... " ,c"'" l'r''''1 i"I') .j '2 .t,'\oJ.,J\\1;.".. I i ~..l t ...;.......2-::.'" "''',"' 'lQ r. (,1 lr.AU.,;.~~.~.~....d' _...J. . .-___ EXHIBIT B Page 4 of6 l.LEI04 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation' for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations,"A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. .These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping 1. Records to be Maintained , The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; 11. Records demonstrating'that each activity undertaken meets one of the National Objectives of the CDBG program; Ill. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBO assistance; . v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; VI. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention' The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date ot the submission of the County's annual performance and evaluation report to HUD in 'which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year 'period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. N' ,. .... . ..;)" AIJd'l8.'l, !k", :,v..o,.."L;~" PACE~CL..-o.' --E I EXHIBIT B Page 5 of6 I.LEI04 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility; and description of service provided. Such information shall be made available to CoUnty monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information; when not directly connected with the administration of the County's or City's respo~sibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. AClivities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances; program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG fuflds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and mluce excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to,;have an annual agency audit conducted in accordance with current County policy concerlling subrecipient audits and OMB Circular A-B3. ^.' "'N~' "'" '," ';;<..".. "WI;;' ~,r', t. ',;.~';; f'i J,~.~.~ _."...-...... P'A"~ 3.0-' ....' ::1t!.1 . U'" Vi" ....__ ._ _ c'_ EXHIBIT B Page 6 of6 I.LEI04 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre-approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Execute Subrecipient Agreements (EDA must approve) July I, 2006 Implement Program Activities July I, 2006 TBD Execute Supplemental Agreement & Notice to Incur Cost November 2006 November 2006 County Monitoring of City Performance TBD October 15,2006 January IS, 2007 April 15, 2007 July 31, 2007 TBD City Submit Quarterly Performance Reports to County City submit Monthly Direct Benefit Reports September 2006 July 2007 City Submits Reimbursement Requests Monthly Submittal IRI September 2006 Mav 15.2007 Other Schedule 0 CDBO Program Services Complete June 30, 2007 ,"""'" ..:.:z") A-Vl:,;l\<e.:-I. irt:f'~ll'lc~. ;- j ~':._, PAG;':...3L~:.(;~- ",il"": EXHIBIT C Page I of6 File: l.LE 105 CDBGSUPPLEMENTALAGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: r;~l' ()f T",Io, ~l'~;n()rp ADDRESS: 130" M",; n St r",,~ Lake Elsinore,CA 92530 PRQGRAM CONTACTS: David Sapp, Director of Community Services PHONE: (951) 674-3124 E-MAIL: FAX: PROJECT NAME: Code F,nforc:ement-Dangerolls Structures Abatement. PROJECT LOCATION: City of Lake Elsinore , LEVEL OF ENVIRONMENTAL CLEARANCE: CDBG ELIGIBILITY CODE: 570.20J(C) PROJECT FUNDING SUMMARY: I ST District 2nd District 3'd District $0 $0 $0 4th District 5th District City Funding $0 $0 $75,000 Project to be administered by County (EDA) on bebalf of City: YES 0 NO [8] II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Code Enforcement-Dangerous Structures Abatement in a manner satisfactory to the County of Riverside and consistent with any standards required as it condition of providing these funds. Such program will include the following, activities eligible under the Community Development Block Grant program: Activity #1 The City's Code Enforcement program will use CDBa funds for the enforcement of codes' addressing substandard structures in conjuction with other City programs. CDBGfunds will be ,to pay staff salaries and overhead expenses associated with the program in low-irtcome areas of the City. AC;:~i~;;-:;~ l i'~~I;wll\;(j._,~~::?2. PA";"..3~'~.__.!iJ_~ EXHIBIT C Page 2 of6 File: I.LEI 05 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: Low Mod Area CFR Reference: 570.208(b)(J) C. Levels of Accomplishment -Goals and Perlormance Measures The City agrees to implement and complete the following activity (ies): Activity #1 City will implement and approve a Code Enforcement program in designated low-income areas of the City. cpn OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): 1RI Creating Suitable Living E~vironments o Providing Decent Affordable Housing o Creating Economic Oppor.tunities Ontcome (select one): 0 Availability/Accessibility o Affordability 1RI Sustainability (promoting livable or viable communities) n. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. . City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds" or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items are subject to the prior approval ofthe County. .Ave",;..\ l'ib: Pl\'~",:;~.~_ 1- ,',f; c; I ..~...,j1.~,.:::.:~;.... EXHIBIT C Page 3 of6 File: J.LEl 05 E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $75.000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments,;to the budget must be approved in writing by both the County and City. Line Item Amount: DesignlEngineering Costs Project Administration Costs Construction Costs Acquisition Costs Relocation Costs Capital Equipment Costs Code Enforcement 75.000 Clearance Interim Assistance Other TOTAL CDBG BUDGET $ 75.000 .i\'.~';;,;"~L,;~ '-itlc';. '~""'. ;3h....~ ~;. 51 - PAvL,9bf. EXHIBIT C Page 4 of6 File: l.LEI05 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping I. Records to be Maintained The Subrecipient shall maintain allrecords required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the COBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or 'disposition of real property acquired or improved with COBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the COBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and Vll. Other records necessary to document compliance with Subpart K of24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5)'years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUO in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have , ^ r'~'I'~" I""'" ..,,' , ..::2J ',J f'il,J;;';hd.':,"~ l!:.foJ~ r';;..J, v' ~ PAC'cJ~L.o;.jl'I"'::' EXHIBIT C Page 5 of6 File: l.LEI05 started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City tlnderstands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBO funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitote a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-l33. ^"~''''!' "'"",, . .-2,', .!F'\';J...I'ill,'.,.'I\,~,'l."'..J'... _.,,/~. 'W' :2, I/) ''';;'''3C- ,.r;.v'i:...__~~_~~:'~';.' ..... EXHIBIT C Page 6 of6 File: I.LEIOS IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre-approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Implement Project Activities Upon Notification from EDA Execute Supplemental Agreement & Notice to Incur Cost November 2006 November 2006 Submit Quarterly Performance Reports to County October IS, 2006 January IS, 2007 April IS, 2007 July 31, 2007 County Monitoring of City ProgramlPertormance To be determined by Program Manager City Submits Reimbursement Requests . Monthly Submittal ~ Other Schedule ~ TBD TBD June 30, 2007 CDBG-funde~ Project Complete V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS City must provide documentation of the number and types of code enforcement cases processed. -, AOENCil. ITEM NO..Q)~_.. '" PACt:_31~_o~_.5L__. . EXHIBIT D Page I of2 File: 0.726 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Lake Elsinore ADDRESS: 130 S. Main Street Lake Elsinore, CA 92530 CITY PROGRAM CONTACTS: David Sapp, Director of Community Services SUBRECIPIENTNAME: Alternatives to Domestic Violence (ADV) ADDRESS: P.O. Box 910, Riverside, CA 92502 PROGRAM CONTACT: Eliza Daniely Woolfolk, Executive Director PHONE: (951) 674-3124 FAX: E-MAIL: PROJECT NAME: r:"~,, DR P"z PROJECT LOCATION: llnrl; ~rln~prl fnr rl ;pnt prntprt;nn, 0 7?F. LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: I ST District 2nd District 3rd District $5,000 $10,000 $5,000 4th District 5th District City Funding $0 $5,000 $16,373 Project to be administered by County (EDA) on behalf of CITY: YES i:&J NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Casa De Paz in a mann~r satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: ACE""" ,..,-., t'" ..~),,2 . . l;1'tIt,;;J-1. . j l~.i\/j 0,;:\,,;. , --,...-- P^f'- 1, (1...:::-;,.,....-.. r'tvl.:_~l1J:1,_"_,_',, '--'d- -- EXHIBIT D Page 2 of2 File: 0.726 Activity # I This new state-of-the-art facility will provide victims of domestic violence and their children access to emergency shelters and other resources. CDBG funds will be used for staff salaries!benefits (direct service), counseling, space cost, utilities, transportation (to and from shelter), supplies, food and clothing. AOENDA ITEM No."j2 PiK;::..j~._~:;:~I' '~:.' EXHIBIT E Page 1 of2 0.744 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Lake Elsinore ADDRESS: 130 S. Main Street Lake Elsinore, CA 92530 CITY PROGRAM CONTACTS: David Sapp, Director of Community Services SUBRECIPIENTNAME: Assistance League of Temecula Valley ADDRESS: 28720 Via Montezuma, Temecula. CA 92590 PROGRAM CONTACT: Lyn Metzler, President PHONE: (951) 674-3124 FAX: E-MAIL: PROJECT NAME: Opc>riltinn Sr.hnnl Rc>ll - '1'c>m"r.1l1ri Vrill"y 0 744 PROJECT LOCATION: F:lpmpnTriry qrhnnl" LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)} CDBG ELIGIBILITY CODE: 24 CFR 570.20,1 (e) Public Services PROJECT FUNDING SUMMARY: 1 ST District 2nd District 3rd District $0 $0 $5,000 4th District 5th D' . Istnct City Funding $0 $0 $23,360 Project to be administered by County (EDA) on behalf of CITY: YES [R] NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Operation School Bell-Temecula Valley in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: .~ ''l A6tNDA ITEM NO.0.c 'P PACE_~D ..Qi'.1iL~ EXHIBIT E Page 2 of2 0.744 Activity # I The Operation School Bell Program will provide clothes and school supplies to children of low-income families in the Temecula Valley Unified School Oistricts. COBO funds will be used to purchase clothing, backpacks, and school supplies. B. National Objective All activities funded with COBO funds must comply with one of more of the COBO program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: ~70 ?OR (a)(7.)(i)(R) CFR Reference: AGENDA ITEM Nu..32, PACJ:;:.-1i-_O~ .....5t- EXHIBIT F Page I of2 File: 0.748 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Lake Elsinore ADDRESS: 130 S. Main Street Lake Elsinore, CA 92530 CITY PROGRAM CONTACTS: David Sapp, Director of Conununi ty Services SUBRECIPIENTNAME: Helping Our People in Elsinore, Inc. (H. O. P. E. , Inc. ) ADDRESS: 29885 Second Street, Unit R Lake Elsinore. CA 92532 PROGRAM CONTACT: Ron Hewison, Chairman & CEO, PHONE: (951) 674-3124 FAX: E-MAIL: PROJECT NAME: H.O P 8. 0 74R PROJECT LOCATION: 92532 ?'lRR<; ?nrl ~rrppr . rTnit R T,.=I1<-1=' Rl ~in/""lrp . CA LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: 1ST District $5,000 4th District 2nd District $0 5th District 3'd District $0 City Funding $0 $0 $12,455 Project to be administered by County (EDA) on behalf of CITY: YES 0 NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the H.O.P.E. in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: . ....., 0 ':3 ') AGENC,;\ II ~,Ill, '..~.""-:~..'-- '" Ii ~ OF K J PI\C",_.!.,-,\..... ...;..Lf--- EXHIBIT F Page 2 of2 File: 0.748 Activity #1 H.O.P.E Inc. Is an emergency food pantry working directly with the Department of Public Social Services, local services providers, and schools in providing food to low-income persons, migrant farm workers, elderly, and the homeless. CDBG funds will be used for supplies and operational expenses. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: S70 ?OR (a)f?'O)(B) CFR Reference: ;;2"') AGel'll;'\' ITE~~ NO. ;. ')k- PAC'E..3'3 . Co.... 51 EXHIBIT G Page I of2 File: 0.749 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Lake Elsinore ADDRESS: 130 S. Main Street Lake Elsinore, CA 92530 CITY PROGRAM CONTACTS: David Sapp, Director of Community Services SUBRECIPIENTNAME: Boys & Girls Clubs of Southwest County ADDRESS: P.O. Box 892349, Temecula,CA 92589 PROGRAM CONTACT: Kathleen Smi th, Director of Finance . PHONE: (951) 674-3124 FAX: E-MAIL: PROJECT NAME: 'l'h" T.Mlrning C:onn""tion PROJECT LOCATION: 4n~~n r",l n",k-q Rrl , MT1rri pt"" rA q?~h? LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: I ST District 2nd District 3'd District $0 $0 $5,000 4th District S'h District City Funding $0 $0 $32,983 Project to be administered by County (EDA) on behalf of CITY: YES l:Kl NO 0 11. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for The Learning Connection in a manner satisfactory to the County of Riverside and consistent with any standards )'equired as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: '-"~) ,", Alll;N",.^ I~E~' '" ". ...'."'..... J i-..1. I .~.I.,..l. '.~,~. " . PAGL1~_:o~ ~iC~ EXHIBIT G Page 2 of2 File: 0.749 Activity # 1 The Boys & Girls Club of Southwest Riverside County provides before and after school programs to underserved youth in Southwest Riverside County. CDBG funds will be used for program scholarships for eligible youth (grades 1-8), and transportation to and from Temecula, Murrieta, and Lake Elsinore schools. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: <;70 ?OR (")(?)!i)(R) CFR Reference: "\"'", "", ,,',' '7-) n. Jli..i,H,;,:.. i I t.11Jl \~v,.__.:2..r.f':::"'_ PA\J;",!L'1__,Oi-', r:s ( ft& ._.......... ~--_..~ INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: ROBERT A. BRADY, CITY MANAGER DAVID W. SAPP, DIRECTOR OF COMMUNITY SERVICES 1& ftlt,Q,. MARCH 9, 2006 CDBG ADJUSTMENTS Attached please find a letter from the County of Riverside Economic Development Agency regarding the City of Lake Elsinore's 2006-2007 program allocations. The City did receive ari additional $36,011 over and above the initial $200,000. The four "Public Service" programs approved by City Council (H.O.P.E., ADV, School Bell, Boys & Girls Club) each received additional funds as indicated on the attached. An additional $27,402 was allocated to the City Park Play Equipment Replacement Prograrri through the Public Works portion of the. program. :cd Attachment c. Director of Administrative Services Finance Manager Public Works Manager M'n' .0" I'P'" 2J. ,'I"VI;"i\\L,el \ ..~~Vj f~\,;_,~.~ } _,-._____.._~ PAC~_.lJ:__Y2-c;:6t-- FEB-21-2006 TUE 03:40 PM lIOONOMJC Jm/III.oP>GlNT AOUNOY economIc & Communlly Development G HousIng G Houslng Aulhorily G RedOllBlopment Agency ~ Counly Service Meas G Workforoe Development G Edward-Dean Museum & Gardens ~ Aviation FAX NO. 21 February 2006 David W. Sapp. Dlr. of community Services City of Lake Elsinore 130 So. Main street Lake Elsinore, CA 92530 Dear Mr. Sapp: SUBJECT: CDBG 2006-07 Total Allocation Public Service (15%) $236,011 $ 36,402 P. 01 File: 1.LE103 -109 I have made the following fUnding adjustments to the CDBG Projects approved by the Oily Counal per MInute Action dated January 10, 2006. These projects were under budgeted; therefore, Public Service Projects (see ettachment) and the Faclllly Projects were Increased per the dlreetlon of the CIly. Changes are reflected In the mal11x below: 1.LE103 1.l...E104 ~.Le105 1.LE105 1.LE107 1.LE108 1.LE109 Operation School Bell H.OP.E. CIly Park Play Equipment Replacement Sr. Center Services Dangerous StJucture Abatement Boy's & Girts Club Casa De Paz (ADV) Council Aooroved $ 4,000 $ 10,000 .$95,000 $ 8,000 $ 75,000 $ 5,000 $ 3,000 EDA Adlusted $ 4,982 $ 12,455 $125,609 $ .0- $ .0- $ 6,228 $ 3,737 Please advise if the adjustment meets 'A4th your approval. If EDA does not receive written notfficatlon, the adjusted amounts Willie the adopted funded allocation per project. I can Ile reached at: 961-955-6680. _~~ncereJ' ~--L.; ~ Counly Felr & National Date CDIlGI1.tILEIOO.,AllacatIonMlI~.1.LE103-109 F".flval . .-~~ ~,." ..'~ "'~" ,....]......) ACt.i<!r..~N Hb\i11\\i.;',__{:~?...-""l ____ P.O. BOl< 1180. RiVerside. CA 92502 ~ Telephone 951/955-8916 ~ Facsimile 9511955-8fd1fiC_-1'f.--.c;'.5.l--- FEB-21-2006 TUE 03:41 PM FAX NO. p, 02 city of Lake Elsinore $ $ 22,000.00 5,402.00 city A1locallon $ 10,000.00 $ 4,000,00 $ 3.000.00 $ 5,000.00 $ 22,000.00 $ 0.245545455 i;':::J;~i.~.~;~t"'.~?r. ;,t % of Overage ;~'~~.:IiSN' ';...~;- F '. '. . ~'!"I.,... ;.;;0. $ 2.455.45 ~t:~';:;:~:~~:~.. ir. ~~. $ 982 18 ;.~~.l':.,~,;-c~~' . m~;~:{l' ',~. .;......H $ 736.641" ;~~'!;\.S~;~~ $ 1 22773 ,. "'.;;"'!'~"JR.a.~ , . . ~~}~tj~'r!~s.;~. 6,402.00 ~ir~~~~~~: proJ. No. 1.1..1:104 1.1..1:103 1.LE109 1.LE108 Note: Funds ara 10 be eqUally distributed between four of the five P .S. projects. ,8t"i1NPA ITEM Nfl ;;;')_ - I f \I ""-".. --_.,....~ PAC1L::I=~4-.Ci' 51 TO: CITY OF LAKE ELSINORE REPORT TO CITY COUNq:L MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER SUBJECT: JANUARY 10,2006 32ndYEAR CDBG ALLOCATION DATE: BACKGROUND Each year the City of Lake Elsinore receives an allocation of Community Development Block Grant (CDBG) funds through the Economic Development Agency of Riverside County. These allocations are based on population and are designed for assistance to low and moderate income residents. Of the total allocation, 15% can be used for Public (social) Service Programs, while the remaining 85% must be used for Public Works Projects. As part of the 27th, 28th, 29th, 30th and 31s1 CDBG years, the City has requested unused percentage caps from other cities within the 1 sl supervisorial district as well as the County to expand its (the City of Lake Elsinore) available public service allocation. The City has been notified that no additional percentages will be available this year limiting the City to its straight 15% cap. Based on an anticipated total allocation to be received by the County from H. U .D. on the City's behalf ("unentitled city"), the City would be able to allocate $30,000 of its $200,000 (15%) towards public service programs with a balance of $170,000 for funding of Public Works projects. DISCUSSION For the 32nd Year funding program, the City is anticipating to receive $200,000 for Fiscal Year 2005-2006. At the filing deadline of December 8, 2005 the City had received eleven (11) applications totaling $622,360. AGENDA. ITEM NO. ~ 2 PAC" LJ ~ OF .J?:l-- REPORT TO CITY COUNCIL JANUARY 10,2006 PAGE 2 Agencies requesting funds are: City of Lake Elsinore ($100,000) for City Park Play Equipment Replacement; Alternatives to Domestic Violence ($15,360) for service support; City of Lake Elsinore ($19,000) Senior Center Services; H.O.P.E. ($20,000) for support of their food program; Assistance League of Temecula Valley ($10,000) for Operation School Bell; City of Lake Elsinore (193,000) Curb, Gutter, and Sidewalk Replacement; City of Lake Elsinore ($75,000) for Structure Abatement; City of Lake Elsinore ($25,000) Code Enforcement; CASA ($10,000) Volunteer Recruitment; Boys and Girls Club ($30,000) Before and After School Care; and the City of Lake Elsinore ($125,000) for ADA retrofit of resilient materials in City play areas. PUBLIC WORKS PROJECTS City of Lake Elsinore Curb, Gutter, Sidewalk Replacement ADA Retrofit of Play Surfaces City Park Play Equip. Reolace. Sub Total PUBLIC SERVICE PROGRAMS City of Lake Elsinore Senior Center Services H.O.P.E. Food Program Assistance League of Temecula Operation School Bell Alternatives to Domestic Violence Program Support CASA Volunteer Recruitment Boys & Girls Club Pre and After School Care Sub Total CODE ENFORCEMENT City of Lake Elsinore Code Enforcement Dangerous Structure Abate. Sub Total TOTAL REOUESTED SUGGESTED 2005.2006 $193,000 $125,000 $100.000 $418,000 $ 0 $ 0 $ 95".000 $ 95,000 $193,688 $ 0 $ 0 $ 19,000 $ 10,000 $ 17,000 $ 20,000 $ 8,000 $ 6,000 $ 10,000 $ 4,000 $ 4,000 $ 15,360 $ 3,000 $ 3,000 $ 10,000 $ 0 $ 0 $ 30.000 $ 5.000 $ 0 $104,360 $ 30,000 $ 25,000 $ 15.000 $100,000 $622,360 $ 0 $ 15.000 $ 75,000 $200,000 $ 20,000 $ 25.000 "2J ACEN\:lAITEM NO.~ PAC~--5].L...OF -5~ REPORT TO CITY COUNCIL JANUARY 10, 2006 PAGE 3 Should the City Council wish to further change the Senior Center suggested allocation of $10,000 then staff would request that those decreases be absorbed through the General Fund as part of the FY 2006-2007 budget process. FISCAL IMPACT The City of Lake Elsinore's CDBG allocation is anticipated at $200,000 for the 32nd Year. These funds will be available July 1,2006. Staff would recommend that any additional Public Service percentages that become available through additional funds be divided equally between H.O.P.E. and the Boys and Girls Club. RECOMMENDATION It is staff's recommendation that the Mayor and City Council adopt the 32nd Year CDBG Program as discussed at the January lOth agenda review and direct staffto submit to the County of Riverside the City's approved program. PREPARED BY: OF COMMUNITY SERVICES APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE ACENDA ITEM NO. PAC';; tfJ ;;.2)-) ;.,...... ~ of/if, CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 14, 2006 SUBJECT: PRELIMINARY REVIEW OF CALTRANS RELINQUISHMENT OF STATE ROUTE 74 (SR-74) TO THE CITY OF LAKE ELSINORE BACKGROUND At Council's direction, Staff has investigated the costs and procedures involved with the acquisition of State right-of-way. The purpose of this Staff Report is to assist the City Council's evaluation of whether the City should accept such relinquishment. State Route 74 (SR-74) is a CALTRANS controlled corridor and the portion of interest to the City begins approximately 300-feet west of Grand Avenue and ends near Trellis Lane. The segment is approximately seven (7) miles long and traverses the City of Lake Elsinore from the east entering on Central Avenue near Trellis Lane. The route then (urns northwest onto Collier Avenue turning southwest onto Riverside Drive then southeast onto Grand Avenue and finally southwest onto the Ortega Mountains to Orange County. The ultimate contiguration of SR-74 is identified on the City's General Plan Circulation Plan as a 6-1ane urban al1erial street with 96-feet of roadway imposed on 120-feet of right-of-way. Currently, the corridor exists in varying widths between two and four lanes with turn lanes and turn pockets in various locations. There are also thirteen (13), soon to be fourteen (14) signalized intersections within this reach of SR-74. DISCUSSION This section of Staffs report is broken into two parts, "Cost of Ownership" and the "CAL TRANS Relinquishment Process". AGENDA ITEM NO. 3$ PAGE.-1- OF q REPORT TO CITY COUNCIL NOVEMBER 14, 2006 PAGE 2 COST OF OWNERSHIP: I. Development Processsing: As the City continues to develop along the SR-74 corridor, the issue of control over the processing of street improvements becomes more critical to the timing of development. Although City Staff maintains a good working relationship with CAL TRANS Staff the processing time for CAL TRANS improvements is lengthy, costly and labor intensive. Controlling the right- of-way therefore translates into control of design requirements, plan checking, inspections, traffic signal operation and signal maintenance and repair. 2. Financial and Liability Costs: Financial Cost can be separated into two categories, improvement cost and maintenance cost. As described above, the roadway configuration varies from two-lanes to six-lanes with a median. The roadway is divided into five (5) improvement segments whose configuration and improvement requirements vary. Exhibit "8" details the cost estimate for the individual limits of improvements and it breaks out of the total cost the cost of improving each identified segment. The improvement cost for each identified segment is based on a unit cost for "New Pavement", "Pavement Reconstruction" and "Curb, Gutter, and Sidewalk" (including installation of street lights). Each unit cost was developed from the history of costs received on recent Capital Improvement Program Projects as well as Private Development Street Improvement Cost Estimates. The figures used for this report are as follows: "New Pavement" is $340,000 per lane-mile, for "Pavement Reconstruction" is $260,000 and for Curb, Gutter, Streetlights and Sidewalk construction is $175,000 per mile. The annual maintenance cost for the existing roadway is estimated to be $70,000 per year. Liability Costs include costs arising from: accident history, traffic volumes, and roadway conditions. The segment under consideration does have a history of accidents. Indeed, the latest occurring within the past two months. AGENDA ITEM ~a~;,,;;:. .....2::... OF ~Cj~~~ REPORT TO CITY COUNCIL NOVEMBER 14,2006 PAGE 3 Absent an actual case or controversy, it is difficult to assess the City's potential liability for any particular accident. However, given the history of accidents on this segment of SR-74, it is not unforeseeable that potential exposure exists. CALTRANS RELINQUISHMENT PROCESS: Attached in Exhibit "c" is a flow chart outlining the general process for the CAL TRANS relinquishment process. The summary below is tailored for this consideration: I. Local Agency Requests Relinquishment. 2. CALTRANS District 8 perfoons a Transportation System Analysis and submits the document to CAL TRANS Headquarters (HQ) in Sacramento. 3. HQ evaluates the merit of the request with respect to the "Best Interest of the State". 4. Legislative action is supported and enacted. 5. District 8 provides a Project Scope Summary Report including a "Cost to Relinquish" document to the Design Coordinator (the CAL TRANS representative who leads an advisory committee chosen to evaluate the merit of the relinquishment request). 6. The Design Coordinator and the advisory committee (Relinquishment Advisory Committee or RAe) meet to determine the range of the costs relative to the relinquishment. 7. District 8 and City representatives negotiate the relinquishment costs based on the range determined by the RAe. 8. An agreement is negotiated and implemented. If an agreement regarding cost cannot be reached, there is another procedure (called Conflict Resolution) that must be followed. 'il,i53 .' "~.~~.".",,,,,,,,,,,,..,,,,;,.,- 3 q REPORT TO CITY COUNCIL NOVEMBER 14,2006 PAGE 4 It is important to note that the "change in ownership" or "relinquishment" of this segment ofSR-74 does not affect its status on the TUMF Corridor. FISCAL IMPACT Thc direct cost to the City will be determined when an agreement is reached with CALTRANS (step 8 in the relinquishment summary). Annual maintenance cost for this entire roadway segment IS estimated to be $70,000 per year. The proposed Improvement Costs to the roadway sections are estimated as follows: Section I - Grand Ave from 01iega Hwy to Riverside Drive: Section 2 - Riverside Dr. from Grand Ave to Lakeside HS: Section 3 -- Riverside Dr. from Lakeside HS to Lakeshore Dr.: Section 4 - Riverside Dr. from Lakeshore Dr to Collier Ave: Section 5 - Collier Ave from Riverside Dr to Hunco Way: Total to improve to 4-lanes: RECOMMENDA nON $ 790,000 $ 765,000 $ 1,480,000 $ 4,800,000 $ 490.000 $ 8,135,000 Discuss the information presented in this item and direct Staff to proceed accordingly. PREPARED BY: KEN A. SEUMALO, CITY ENG APPROVED FOR AGENDA BY: Attachments A: Vicinity Map B: Improvement Cost Estimate C: Relinquishment Flow Chart D: Conflict Resolution Flow Chart 'R AGENDA ITEM NO. ~::2):7) PAGELOF '1 VICINITY MAP STATE HIGHWAY 74 7.01 MILES ), ..~../ \'",~ .\<5' .,..,', , \\ \11i ~','.\ J f:: ,,} :' -lt~S.T ~~r <. jLt.T[fl.,'F.!~ LL '. 'lifflJ. Ih~ -.-.-____,.___ {...".. U~ ~E:RSf" . ,....r-- '. . ..../ . --..".Y1C/OR s . "'''.., r f---'-- . t' :-------..- CITY COUNCIL EXHIBIT - A AGEND/l. ITeM No...a2,).__.. '" 5 ('oco..j,,_...... Improvement Cost Estimate Cost Estimates: I. Lane Mile Reconstruction: A. 12'(lanc width) X 5280 (I mile) X $4.00/SF = $253,440/lane mile B. Use = $260,000 C. For New Pavement = $340,000 2. Curb, Gutter and Sidewalk: A. $175,000/per mile Collier Ave (Sec. 4) ~\ <l.l '" <= 00 <l.l co '<t:;::...:i ....: 2 t" (Sec. 2) Lakcshorc Dr. V> (Sec. 3) ~,g ....:2 High School Grand Ave (Sec. 1) .66 Miles 2 Lanes I Cemetery I /'~ o u '" '" :r: (Sec. 5) .32 Miles 2 Lanes ~ /'" '" " ::I: " CIl <l.l 1: o Exhibit - B -~._ 1.,- C} ~~"'" ~~~".,",._-. Improvement Cost Estimate - Page 2 Cost Estimate: Widen to 4 - Lanes Section I: Grand Ave from Ortega Hwy to Riverside Dr. Existing = 2- Lanes Length = .66 miles Cost (Rehab) = .66 x 260,000 x 2 = $343,200 Cost (New) = .66 x 340,000 x 2 = $448,800 Section 2: Riverside Dr. from Grand A ve to L,akeside HS Existing = 5+ Lanes Length = .45 Miles Cost (Rehab) = .45 x 340,000 x 5 = 765,000 Section 3: Riverside Dr. from Lakeside HS to Lakeshore Dr. Existing = 3 -Lanes Length = 1.32 Miles Cost (Rehab) = 1.32 x 260,000 x 3 = $1,029,600 Cost (New) = 1.32 x 340,000 x I = $448,800 Section 4: Riverside Dr. from Lakeshore Dr. to Collier Ave Existing = 2-Lanes Length = 1.48 Miles Cost (Rehab) = 1.48 x 260,000 x 2 = $769,600 Cost (New) = 1.48 x 340,000 x 2 + 1,006,400 Section 5: Collier Ave from Riverside Dr to Hunco Way Existing = 2-Lanes Length = .32 Miles Cost (Rehab) = .32 x 260,000 x 2 = $165,000 Cost (New) = .32 x 340,000 x 2 = $216,000 Sidewalk/Curb & Gutter = .32 x 175,000 x 2 = $111,000 Exhibit - B i'..'" ~~6 . . ~q... it 21 ~f .if 5j~[ ~!l. ..... 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