The URL can be used to link to this page

Home My WebLink About11/25/2008 CC Reports CITY OF LAKE ELSINORE CITY COUNCIL AGENDA DARYL HICKMAN, MAYOR GENIE KELLEY, MAYOR PRO TEM THOMAS BUCKLEY, COUNCILMAN ROBERT E. "BOB" MAGEE, COUNCILMAN ROBERT SCHIFFNER, COUNCILMAN ROBERT A. BRADY, CITY MANAGER WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 ************************************************************************************* TUESDAY, NOVEMBER 25, 2008 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon Subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Council meeting and are available on the City's web site at www.lake-elsinore.orQ. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674-3124, ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER.. 5:00 P.M. CLOSED SESSION 1 (a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8) Property: APN 379-403-018 Agency Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Jess & Marissa Enriquez Under negotiation: Price and terms of payment 1(b) CONFERENCE WITH LEGAL COUNSEL..ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CALL BACK TO ORDER 17:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENT ATIONS/CEREMONIALS (2) Presentation of Blue Star Award to Sgt. Ruben T. Rodriguez, U.S. Army Reserve PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting.) PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting. The Mayor will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Council member or any member of the public requests separate action on a specific item.) (3) Minutes of the followino Meetino(s): a) Joint City Council/Redevelopment Agency Study Session - November 11, 2008 b) Special City Council Meeting - November 11,2008 c) Regular City Council Meeting - November 11, 2008 Recommendation: Approve as submitted. (4) Warrant List dated November 13. 2008 Recommendation: Authorize payment of Warrant List dated November 13, 2008. (5) Investment Report - October 2008 Recommendation: Receive and file. (6) Claim Aaainst the City Recommendation: Reject the claim of the Heirs of Jason Peters and direct the City Clerk's Office to send a letter informing the claimant of the decision. (7) Caltrans Cooperative Aareement for 1-15/Railroad Canvon Road Interchanae Improvements Recommendation: Authorize the Mayor to enter into a Cooperative Agreement with CAL TRANS for the Project Report, Project Approval and Environmental Document and Plans, Specification and Estimate phases of the 1-15/Railroad Canyon Road Interchange Improvement Project. (8) Aareement for the Construction of Improvements - Tract 31290-1 Recommendation: The City Council authorize the Mayor to execute the Agreements for the design and construction of Tract 31290-1 traffic signal improvements at the intersection of Mission Trail and Hidden Trail/Elberta Road. (9) Reauest to Approve Structure Abatement Costs Relatina to the Demolition of 202 East Franklin Street (AKA Brenneke Court) Recommendation: Authorize the City Manager to sign a Professional Services contract in the amount of $18,500.00 for the demolition of the structures at 202 East Franklin. (10) Winterfest Celebration and Street Closures Recommendation: Approve closure of Main Street for the annual Winterfest Celebration. (11) 2009-2010 CDBG Allocation Recommendations: a) Adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2009-2010 b) Approve submittal of the City's program to the County of Riverside (12) Annual Software Maintenance AQreement Renewal With SunGard Public Sector Recommendation: The City Council authorize the City Manager to renew the annual Software Maintenance Agreement with SunGard Public Sector. (13) Authorization for City ManaQer to Enter into Contract with HDR. INC to Prepare CEQA Compliance Documents for the Proiect known as "Diamond Stadium Development" Recommendation: Staff recommends that the City Council authorize the City Manager to enter into a contract with HDR, Inc. not to exceed $115,200.00. (14) Aoreement for Construction of Improvements - Tract 32996 Recommendation: The City Council authorize the Mayor to execute the Agreement for Construction of Improvements for the design of construction of Tract 32996 improvements. (15) AQreement with Castle and Cooke for Reimbursement of the Cost of Master Plan Drainaoe Improvements Recommendation: Authorize the Mayor to execute the Storm Drain Improvement Credit/Reimbursement Agreement with Castle and Cook. (16) Settlement AQreement and Release: Purchase and Sale AQreement: and Joint Escrow Instructions for the Acquisition of APN 375-264-019 Recommendation: It is recommended that the City Council approve the purchase of the property subject to the satisfaction of appropriate conditions, direct the City Attorney to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. PUBLIC HEARING(S) (17) Residential Desion Review No. 2006-18. Amendment No.1 for De La Rosa bv Centex Homes. VestinQ Tract Map No. 32503 Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2008-_ approving Residential Design Review No. 2006- 18, Amendment No.1. (18) NeQative Declaration No. 2008-12. Amendment NO.2 to the Murdock Alberhill Ranch Specific Plan and VestinQ Tentative Tract Map No. 35773 For the "Murdock Alberhill Ranch Specific Plan Area" Located on the North Side of Nichols Road. West of Collier Avenue Recommendation: The Planning Commission recommends that the City Council: a) Adopt Resolution No. 2008- adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan b) Adopt Resolution No. 2008- adopting Negative Declaration No. 2008-12 c) Adopt Resolution No. 2008- approving Amendment NO.2 to the Murdock Alberhill Ranch Specific Plan d) Adopt Resolution No. 2008- approving Vesting Tentative Tract Map No. 35773. APPEAl(S) ,No appeals are scheduled. BUSINESS ITEM(S) (19) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special Event . . Recommendation: Staff recommends the City Council waive the following Lake Elsinore Municipal Code sections for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager: . 9.96.120 . 9.96200 . 8.40.040A · 9.28.030 . 8.40.060E (Boat Speed Limits) (Motorboat Noise) (Alcohol is prohibited in City parks) (Furnishing alcoholic beverages in.public) (Lake Use Pass) (20) Resolution AuthorizinQ Transmittal of the Amended and Restated Redevelopment Plans for LaQuna Redevelopment Proiect Areas No. I. II. and III: and Resolution DetermininQ that Amended Plans will not ReQuire the Formation of a Proiect Area Committee . Recommendation: The City Council adopt Resolution No. 2008- Determining that the Formation of a Project Area Committee is not required. 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) RECOGNITION OF OUTGOING ELECTED OFFICIALS CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS CITY OF ~ LAKE ,6,LSiNORt ~.;: DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER NOVEMBER 25, 2008 DATE: SUBJECT: . CLOSED SESSION REPORT(S) Discussion 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 379-403-018 Agency Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Jess & Marissa Enriquez Under negotiation: Price and terms of payment 1(b) CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case Recommendation Recess prior to adjournment of tonight's meeting in order to conduct an executive (closed) session. Prepared by: Jessica GuzmarCh Office Specialist ~ Approved by: Robert A. Brady Executive Director Agenda Item No.1 Page 1 of 1 CITY OF ~ LAKE ,6,LSiI'iORf: ~..: DREAM E,l(TREME REPORT TO CITY COUNCIL FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER NOVEMBER 25, 2008 TO: DATE: SUBJECT: PRESENTATION Discussion Mayor Hickman will present a Certificate of Appreciation to Sgt. Ruben T. Rodriguez, U.S. Army Reserve. Recommendation Receive and file. Prepared by: Jessica GuzmaOv _ Office Specialist ~ Approved by: Robert A. Brady City Manager Agenda Item No. 2 Page 1 of 1 CITY OF ~ LA~ ,6,LSiNOR!: ~~ DREAM E,:(TREME TO: REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval as follows: a) Joint City Council/Redevelopment Agency meeting - November 11, 2008 b) Special City Council meeting - November 11,2008 c) Regular City Council meeting - November 11,2008 Recommendation Approve the Minutes as submitted. Prepared by: Carol Cowley h \\ I Interim City Cler~ Approved by: Robert A. Brady City Manager Agenda Item No.3 Page 1 of 23 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 11, 2008 *******************************4441111************************************************************** CALL TO ORDER - 5:00 P.M. The joint meeting of the City Council and Redevelopment Agency Board was called to order by Mayor Hickman at 4:02 p.m. ROLL CALL PRESENT: MAYOR/MEMBER HICKMAN MAYOR PRO TEM/MEMBER KELLEY COUNCILMAN/MEMBER MAGEE COUNCILMANNlCE-CHAIRMAN SCHIFFNER ABSENT: COUNCILMAN/CHAIRMAN BUCKLEY Also present: City Manager/Executive Director Brady, City Attorney Leibold Parks and Recreation Director Gonzales, Information/Communications Manager Dennis, Director of Lake and Aquatics Kilroy, Acting Director of Community Development Weiner and Interim City Clerk Cowley. DISCUSSION ITEMS Mayor Hickman noted the Chamber update and the certificates will be at the 7:00 p.m. meeting. PUBLIC COMMENTS No public comments. CONSENT CALENDAR (5) Minutes of the Followinq Meetinq(sl a) Joint City Council/Redevelopment Agency Study Session - October 14, 2008. b) Joint City Council/Redevelopment Agency Study Session- October 28, 2008 c) Regular Meeting - October 28, 2008 1 Agenda Item No. 3 Page 2 of 23 Recommendation: Approve as submitted. (6) Warrant List Dated October 30. 2008 Recommendation: Authorize payment of Warrant List dated October 30, 2008. Mayor Hickman asked about the name on Warrant No. 97781 and Warrant Register No. 97756 to Spyglass Inn. Information/Communications Manager Dennis explained that Warrant No. 97781 is to Wendy Worthey and Warrant Register No. 97756 was his training for the CSDI Institute last week. (7) Claim aoainst the Citv Recommendation: Reject the claim of Regina Thiele and direct the City Clerk's Office to send a letter informing the claimant of the decision (8) Laroe format Canon Printer with Scanner Svstem Purchase Recommendation: Authorize the City Manager to approve the purchase of the Canon imagePROGRAF 720 with Colortrac Scanner System from Innovative Document Solutions, Inc. (9) Rosetta Canvon Fire Station and Park Consultant Contract - Chanoe Order No. ~ Recommendation: 1. Approve the project Change Order No.2. 2. Authorize the City Manager to execute the contract change order. Councilman Magee noted that the project has yet to start. In his opinion the twelve month completion period began in August and he is expecting it to be completed by August 2009. Mayor Hickman thanked Staff for getting the lowest price. (10) Citv Council. Plan nino Commission and Citv Treasurer Pav Waiver Imolementation Recommendation: That the City Council receive and file this report explaining the implementation of the pay reduction. City Manager Brady advised that if the reduction of compensation for the City Council and Planning Commission were adopted by ordinance it would not be effective until after the next election. During the budget study session Council discussed a voluntary waiver of compensation. He explained jf individual council members and planning 2 Agenda Item No. 3 Page 3 of 23 commissioners wished to reduce their compensation, they could notify the City Manager in writing. City Manager Brady clarified for the Council that this was strictly voluntary. There was no time limit; any reduction would stay in effect as long as the Council Member or Planning Commissioner wished to waive their compensation. (11) Adoption of resolution approvina an amendment to the Riverside Countv Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 8-1) (Measure A) Recommendation: Adopt Resolution No. 2008-94 approving an amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance. Councilman Magee advised this was a housekeeping matter that RCTC is moving forward and he urged approval of this Resolution. Councilman Magee clarified that originally this was a state highway but this particular section was taken over by local jurisdictions similar to what the City may face. He reminded Council that the desert area gets 24% of these funds and 75% of the funds comes back to this area. (12) Feasibility of Havina the Hawaii Mars Air Tanker Located on Lake Elsinore durina the Fire Season Recommendation: Authorize the City Manager to discuss with various fire fighting agencies and authorities at the local, county and state levels to determine the feasibility of locating the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season. PUBLIC HEARING(S) (13) Mitiaated Neaative Declaration No. 2008-04, General Plan Amendment No. 2008-03 and Commercial Desian Review No. 2008-07 for the "Auto Sales and Service Center" Proiect Located on Lakeshore Drive West of the San Jacinto River Channel Recommendations: 1. Adopt Resolution No. 2008-95 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-96 adopting Mitigated Negative Declaration No. 2008-04 and the Mitigation Monitoring and Reporting Program appertaining thereto. 3. Adopt Resolution No. 2008-97 approving General Plan Amendment No. 2008-03. 4. Adopt Resolution No. 2008-98 approving Commercial Design Review No. 2008-07. 3 Agenda Item No.3 Page 4 of 23 Mayor Hickman confirmed that the land has already been purchased and this item referred to the back half of the land. Councilman Magee advised staff that he did not find building elevations for this project in his packet. Community Development Director Weiner advised that was correct, the Commercial Design Review was to establish the footprint and preliminarily the site layout for a future dealership. He explained the applicants don't have a dealership at the current time and they don't have building design. in order to move forward for Toyota a preliminary footprint is needed. Staff is using this mechanism to move the plan forward. A second design review would be required for the architectural aspects of the plan. Councilman Magee indicated a concern with a section between the two parking lots. He suggested a staircase or ramp be added for pedestrian crossing rather than having to walk completely around. (14) Residential Desion Review No. 2005-28. Amendment No. 1 for "Parkside Terrace" Located within the Canvon Hills Specific Plan Area Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2008-99 approving Amendment No.1 to Residential Design Review No. 2005-28. APPEAL/S) No appeals scheduled. BUSINESS ITEM/S) (15) Summary Vacation and Related Resolution over a Portion of Street Rioht-of-Wav Known as Wasson Canvon Road Recommendation: Adopt Resolution No. 2008-100 approving the Summary Vacation of a portion of Wasson Canyon Road. REDEVELOPMENT AGENCY PUBLIC COMMENTS Ron Hewison addressed Council regarding Item 6 and thanked Council for moving forward with the Pottery Court Affordable Housing project. He indicated from his review of the staff report, BRIDGE was going to be a good partner. He wasn't sure of the financials, but indicated it looked to be a good use of RDA funds. He commented that 4 Agenda Item No. 3 Page 5 of 23 the proposed rental amounts weren't included but he hoped it could be in the $400-$650 per month range. He expressed his strong support of the concept in the staff report and looked forward to further details. CONSENT CALENDAR (2) Approval of Redevelopment Aaencv Minutes Recommendation: Approve the following minute(s): a) Regular Meeting - October 28, 2008. (3) Warrant List Dated October 30. 2008 Recommendation: Authorize payment of Warrant List dated October 30, 2008. (4) Aareement and Escrow Instructions for Purchase and Sale of Real Property APN 373-023-011. -012. -015. -024. -025 Recommendation: It is recommended that the Agency Board approve the purchase of the property subject to the satisfaction of appropriate conditions, direct the Agency Counsel to finalize the Agreement and Escrow Instructions for Purchase and Sale of Real Property according to any further Agency direction and authorize the Chairman to execute the agreement in such final form as approved by the Agency Counsel. (5) Aaencv Compensation Waiver Implementation Recommendation: Receive and File the report explaining the implementation of the pay reduction. PUBLIC HEARING{S) No public hearings scheduled. BUSINESS ITEM{S) (6) BRIDGE Housina Corporation - Affordable Housina development Recommendations: a) Approve the Memorandum of Understanding by and between the Agency and BRIDGE Housing Corporation b) Approve Resolution No. 2008-04 authorizing an Affordable Housing Development Loan from the Agency's Low and Moderate Income Housing fund to BRIDGE Housing Corporation for an affordable housing project known as Pottery Court 5 Agenda Item No. 3 Page 6 of 23 c) Continue to work with BRIDGE to develop a comprehensive affordable housing strategy for the Redevelopment Agency to fulfill its inclusionary housing obligations. CITY MANAGER! EXECUTIVE DIRECTOR COMMENTS CITY ATTORNEY/AGENCY COUNSEL COMMENTS CITY COUNCIUMEMBER COMMENTS CLOSED SESSION Prior to adjourning the joint meeting City Attorney Leibold announced that at 5:00 p.m. the City Council and Redevelopment Agency will commence the closed session portion of the meeting. The City Council has two items, both involving real property negotiations. There are many parcels involved and they are listed as Item 1(a) and 1(b). The authority for the closed session is vested in Gov't Code 9 54956.8. As to Item 1(a) the negotiating parties are the City of Lake Elsinore and County of Riverside. These are tax defaulted properties, under negotiation is price and terms of payment. Item 1(b) is the City of Lake Elsinore and the Lake Elsinore Redevelopment Agency, under negotiation is price and terms of payment. For the Redevelopment Agency there are eight (8) closed session items Each one of those are real property negotiations under the same authority of Gov't Code 9 54956.8. Item 1 (a) involves many parcels, which are the tax defaulted properties. The negotiating parties are the Agency and County of Riverside. Item 1(b) involves the same properties identified on the City Council's closed session within the negotiating authority of the City and the Agency. As to Items 1(c), 1(d), 1(e), 1(f), 1(g) and 1(h) the properties are listed with respect to each item. In each case the negotiating parties are the agency and the owners of the respective properties. Under negotiation is price and terms of payment. In addition, a special meting has been scheduled for 5:00 pm, and explained that at 5:00 pm the City Council will need to call the special meeting to order and the closed session item will be announced at that time. The only item on the agenda for the special meeting is one item for closed session. (1a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code 954956.8) Properties: APNs 375042027-4; 375042028-5; 375031023-6; 378157040-1; 363281024-3; 373082021-8; 363540003-4; 378182017-9; 378182018-0; 378182035-5; 378055055-0; 378100008-7; 378100009-8; 378100017-5; 375201020-8; 375201019-8; 375274009-5; 375274010-5; 375321029-8; 6 Agenda Item No.3 Page 7 of 23 375321030-8; 375321031-9; 375223036-1; 375293029-2; 375321053-9; 374043014-8; 373132053-1; 373132052-0; 374262011-2; 374262004-6 City/RDA negotiator: City Manager / Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the County of Riverside, et al. Under negotiation: Price and terms of payment 375321032-0; 375293030-2; 374072026-9; 373134026-3; 375321033-1 ; 375321006-7; 373132059-7; 373134025-2; 375223037-2; 375321054-0; 373132058-6; 373134024-1 ; 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-072-028, 374-072-030, 374-072-032, 374-072-034,374-072- 036 Agency Negotiator: City Manager/Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and City of Lake Elsinore Under negotiation: Price and terms of payment CLOSED SESSION 1 (a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov"t Code ~54956.8) Properties: APNs 375042027-4; 375042028-5; 375031023-6; 378157040-1; 363281024-3; 373082021-8; 363540003-4; 378182017-9; 378182018-0; 378182035-5; 378055055-0; 378100008-7; 378100009-8; 378100017-5; 375201020-8; 375201019-8; 375274009-5; 375274010-5; 375321029-8; 375321030-8; 375321031-9; 375321032-0; 375321033-1; 375223037-2; 375223036-1; 375293029-2; 375293030-2; 375321006-7; 375321054-0; 375321053-9; 374043014-8; 374072026-9; 373132059-7; 373132058-6; 373132053-1; 373132052-0; 373134026-3; 373134025-2; 373134024-1; 374262011-2; 374262004-6 City/RDA negotiator: City Manager / Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the County of Riverside, et al. Under negotiation: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-072-028, 374-072-030, 374-072-032, 374-072-034, 374-072- 036 Agency Negotiator: City Manager/Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and City of Lake Elsinore Under negotiation: Price and terms of payment 1 (c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-072-018, 374-020-030, 374-072-022 7 Agenda Item No.3 Page 8 of 23 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Riverside County Flood Control District Under negotiation: Price and terms of payment 1 (d) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 373-023-011, -012, -015, -024, -025 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and L&L Management Services, LLC Under negotiation: Price and terms of payment 1 (e) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 379-131-005, -006, -015, -018, -019 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Charles and Patricia Pearson Under negotiation: Price and terms of payment 1 (f) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 379-050-035, -036 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Harbor Grand Apartments Inv. Under negotiation: Price and terms of payment 1(g) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-174-018 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Elsinore Pioneer Lumber Company Under negotiation: Price and terms of payment 1(h) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 374-174-017, -013 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Thomas A. Martin Under negotiation: Price and terms of payment 8 Agenda Item No.3 Page 9 of 23 ADJOURNMENT There being no further business to come before the City Council and Redevelopment Agency, the meeting was recessed at 4:16 pm to a special session at 5:00 p.m., DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS R. BUCKLEY, CHAIRMAN CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE 9 Agenda Item No. 3 Page 10 of 23 MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY NOVEMBER 11, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Special City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, and Interim City Clerk Cowley. CLOSED SESSION City Attorney Leibold announced the City Council would adjourn to closed session to discuss with legal counsel concerning one case of anticipated litigation under the authority of Gov't Code 9 54956.9(b): (1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: One potential case The City Council meeting was recessed into Closed Session at 5:01 p.m. RECONVENE IN PUBLIC SESSION /7:00 P.Ml City Council reconvened the meeting at 7:04 p.m. 1 Agenda Item No.3 Page 11 of 23 CLOSED SESSION REPORT City Attorney Leibold stated City Council met at a special meeting at 5:00 p.m. to conference with legal counsel to discuss one case of anticipated litigation under the authority of Government Code ~ 54956.9(b). She indicated there was no reportable action. ADJOURNMENT There being no further business to discuss, the Special Meeting of the City Council was adjourned at 7:04 pm. DARYL HICKMAN, MAYOR CITY OF lAKE ELSINORE A TrEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF lAKE ELSINORE 2 Agenda Item NO.3 Page 12 of23 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 11, 2008 **************************************************************************************************** CALL BACK TO ORDER (7:00 P.M.) The Regular Meeting of the city council was called to order by Mayor Hickman at 7:03 p.m. PLEDGE OF ALLEGIANCE Mayor Hickman introduced the Elsinore High School Air Force ROTC who presented the Colors and led the pledge of allegiance along with veterans from the Veterans of Foreign War INVOCATION - MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in silent prayer especially for all of the men and women serving in the armed forces in Afghanistan and Iraq. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE. Also present were City Manager Brady, City Attomey Leibold, Captain Cleary, Fire chief Hendershot, . Public Works Director/City Engineer Seumalo, Information/ Communications Manager Dennis, Director of Parks and Recreation Gonzales, Director of Lake and Aquatics Kilroy, Acting Director of Community Development Weiner, Redevelopment Project Manager McCarty and Interim City Clerk Cowley. PRESENTATIONS/CEREMONIALS (2) Chamber Update by Kim Cousins 1 Agenda Item No.3 Page 13 of 23 Nancy Hutsinger, First Vice-Chair of the Lake Elsinore Valley Chamber of Commerce and a realtor with Caldwell Banker Brokerage advised Council that the Chamber of Commerce will be holding an entire week of activities during the Lake Elsinore Unified School District's "Celebrate Our Schools Week" kicking off with the superintendent's Annual Report to the communit~ on Monday, November 17 at 6:00 pm at the Diamond Club. Tuesday, November 18t is the inaugural Real Estate Broker's Model Home- Apartment Manager's Tour of the School District; Wednesday, November 19th is the second annual "Principal for a Day", Thursday, November 20th is the fifth annual Career Expo at 9:00 am at the Storm Concourse; and Friday November 21st, is the inaugural Vendor Fair to learn how to provide products and service to the School District at 9:00 am at the Ortega Gym; Saturday, November 2nd is the Unity in the Community Parade at 10:00 am followed by an art fair. The Chamber's networking mixer will be Thursday evening, November 13th at 5:30 pm hosted by COPS for kids at the Lake Elsinore Sheriffs Station. Please bring an unwrapped toy or new clothes to help the community during the holiday season. More information is available on the Chamber's website. Ms. Hutsinger thanked the council members who will be leaving the dais for their time and service complementing them for doing an impeccable job. (3) Presentation of a Proclamation to the Veterans of Foreign War in Honor of Veteran's Day Mayor Hickman presented a Proclamation to the veterans representing the Veterans of Foreign War in Honor of Veteran's Day (formerly known as Armistice Day). He acknowledged everyone in the audience who was a veteran. A representative of the Veteran's thanked the City Council and citizens for everything they have done to support the veterans. Mayor Hickman presented a Certificate of Recognition to the Elsinore High School Air Force ROTC students in preparation of honoring past, present and future veterans in observance of Veteran's Day in the City of Lake Elsinore. (4) Certificate of Recognition to Elsinore Valley Arts Network Mayor Hickman presented a Certificate of Recognition to members of the Elsinore Valley Arts Network for their many contributions to the community including the Music with a View Concert, the art shows and the Riverwalk Mosaic Project. President of the Elsinore Valley Arts Network thanked the City Council for the honor and thanked Mayor Pro Tem Kelley for her dream that came true. She noted this is EVAN's ten year anniversary and the concerts are the beginning. She also thanked Mayor Pro Tem Kelley for her liaison with the City Council on EVAN's behalf. She introduced Bruce McMean, Robin Golden, Ruth Atkins, Peter, Mayor Pro Tem Kelley and Gary Kelley. 2 Agenda Item NO.3 Page 14 of 23 Mayor Hickman expressed his enjoyment of football and hockey and as a substitute teacher he noticed that whichever school won the playoffs received a "City Champs" patch to wear. He said now that there are three high schools he would like to introduce the Mayor's trophy for the winning team. At the end of the season, the name of the winning team and year will be engraved on the trophy and the school will keep it for a year. He hoped this would provide a little incentive and pride. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met as part of its regularly scheduled meeting in closed session to discuss two items both of which are real property negotiations. The first is identified as Item 1 (a) on the agenda under the authority of Gov't Code 954956.8. She noted numerous properties are listed which are tax defaulted properties that are currently owned by the County. The negotiating parties are the City, the Redevelopment Agency and the County. Under negotiation is price and terms of payment. There is no reportable action on Item No. 1(a). She advised that Item 1 (b) also involves real property negotiations of five parcels as listed. These are properties owned by the City and the negotiating parties are the City and the Redevelopment Agency. Under negotiation is price and terms of payment and there is no reportable action on that item. 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code 954956.8) Properties: APNs 375042027-4; 375042028-5; 375031023-6; 378157040-1; 363281024-3; 373082021-8; 363540003-4; 378182017-9; 378182018-0; 378182035-5; 378055055-0; 378100008-7; 378100009-8; 378100017-5; 375201020-8; 375201019-8; 375274009-5; 375274010-5; 375321029-8; 375321030-8; 375321031-9; 375321032-0; 375321033-1; 375223037-2; 375223036-1; 375293029-2; 375293030-2; 375321006-7; 375321054-0; 375321053-9; 374043014-8; 374072026-9; 373132059-7; 373132058-6; 373132053-1; 373132052-0; 373134026-3; 373134025-2; 373134024-1; 374262011-2; 374262004-6 City/RDA negotiator: City Manager I Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the County of Riverside, et al. Under negotiation: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8) Property: APN 374-072-028, 374-072-030, 374-072-032, 374-072-034, 374-072- 036 Agency Negotiator: City Manager/Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and City of Lake Elsinore Under negotiation: Price and terms of payment 3 Agenda Item NO.3 Page 15 of 23 PUBLIC COMMENTS - NON.AGENDIZED Ruth Atkins addressed Council regarding the Lake Elsinore Historical Society's annual Holiday Home Tour. She advised that due to the economy this year the Holiday Home Tour is on vacation. In its place the Historical Society will be doing a project for HOPE by selling opportunity drawing tickets for $1.00 each. The proceeds will go to HOPE. The Historical Society felt this was the time to give something back to the community. The winning ticket will receive a dinner for six at Ravioli's or Chef Giuseppe will come to the winner's home and cook dinner for the winner and guests. Tickets can be purchased by contacting the Historical Society or Ms. Atkins. Barbara Alongi congratulated Councilman Magee on his re-election and quoted two commentaries on selflessness and serving others. She asked God to bless the City and watch over its residents. Chris Hyland brought to the City Council's attention a negative campaign flyer against her which was mailed to residents before the election. She advised how unhappy her family and many residents in the community were with the flyer and the false statements it contained. She advised that she intended to take action against the committee who sent out the flyers and expose the individuals involved. Ken Niemi addressed Council regarding the article in Tuesday's edition of the Press- Enterprise about the hang gliders. He thanked Councilman Magee for his kind comments about the sport. He addressed a derogatory comment made stating that they were rogues in the Sky. He refuted that comment indicating that most of the members of the Hang Gliders Club were responsible members of the community. PUBLIC COMMENTS - AGENDIZED ITEMS COUNCIL APPROVES CONSENT CALENDAR ITEMS 5 THROUGH 11 Mayor Hickman pulled item 12 from the Consent Calendar because a speaker wished to address that item. (5) Minutes of the Followina Meetinalsl a) Joint City Council/Redevelopment Agency Study Session - October 14, 2008. b) Joint City Council/Redevelopment Agency Study Session- October 28, 2008 c) Regular Meeting - October 28, 2008 Recommendation: Approve as submitted. 4 Agenda Item NO.3 Page 16 of23 (6) Warrant List Dated October 30. 2008 Recommendation: Authorize payment of Warrant List dated October 30, 2008. (7) Claim aoainst the City Recommendation: Reject the claim of Regina Thiele and direct the City Clerk's Office to send a letter informing the claimant of the decision (8) Laroe format Canon Printer with Scanner System Purchase Recommendation: Authorize the City Manager to approye the purchase of the Canon imagePROGRAF 720 with Colortrac Scanner System from Innovative Document Solutions, Inc. (9) Rosetta Canyon Fire Station and Park Consultant Contract - Chanoe Order No. ~ Recommendation: 1. Approve the project Change Order No.2. 2. Authorize the City Manger to execute the contract change order. (10) City Council. Plannino Commission and City Treasurer Pay Waiver Implementation Recommendation: That the City Council receive and file this report explaining the implementation of the pay reduction. (11) Adoption of resolution approvino an amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance (Ordinance No. 8-1) (Measure A) Recommendation: Adopt Resolution No. 2008-94 approving an amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance. It was moved by Mayor Pro Tem Kelley to approve Items 5 through 11 on the Consent calendar; second by Councilman Schiffner. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee, and Councilman Schiffner. NOES: None. 5 Agenda Item NO.3 Page 17 of 23 (12) Feasibilitv of Havino the Hawaii Mars Air Tanker Located on Lake Elsinore durino the Fire Season Recommendation: Authorize the City Manager to discuss with various fire fighting agencies and authorities at the local, county and state levels to determine the feasibility of locating the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season. Pete Dawson addressed the City Council to express his support of the Council pursuing the Hawaii Mars sea plane for firefighting based in Lake Elsinore. As a long time resident of the community he has seen devastating fires coming from all directions and he knows the value of prompt response. A sea plane can be a benefit to this area by being based here. He also commented on the complaints he has heard about the amount of water used by the sea plane. He advised that the plane uses 7,200 gallons of water and can make round trips in 15 minutes. While 7,200 gallons seems to be a significant amount it is less than one minute of evaporation from this lake which is non- significant. He assured Council that he would continue to secure the anchor system and provide dockage for the sea plane, if it returns. Councilman Schiffner moved to authorize the City Manager to continue discussions with the various firefighting agencies at the county and state level to determine the feasibility of locating the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season; second by Councilman Magee. The motion unanimously carried by the following vote; AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee, and Councilman Schiffner. NOES: None. PUBLIC HEARING(S) (13) Mitioated Neoative Declaration No. 2008-04. General Plan Amendment No. 2008-03 and Commercial Desion Review No. 2008-07 for the "Auto Sales and Service Center" Project Located on Lakeshore Drive West of the San Jacinto River Channel Recommendations: 1. Adopt Resolution No. 2008-95 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-96 adopting Mitigated Negative Declaration No. 2008-04 and the Mitigation Monitoring and Reporting Program appertaining thereto. 3. Adopt Resolution No. 2008-97 approving General Plan Amendment No. 2008-03. 4. Adopt Resolution No. 2008-98 approving Commercial Design Review No. 2008-07. Mayor Hickman opened the public hearing at 7:33 pm. 6 Agenda Item No. 3 Page 18 of 23 Acting Community Development Director Weiner presented a staff report indicating this was a request for the allowance of sight grading and development of a 50,000 square foot future automobile dealership site. This request also includes a General Plan amendment from the Floodway Designation to a General Commercial Designation consistent with the current FEMA Flood Zone Maps. The Mitigated Negative Declaration clears the site environmentally for future development as well as facilitating the movement of dirt to the adjacent property for the already approved future site of the Toyota dealership. Director Weiner referred to the City Manager's previous mention of landscaping, architecture and all of the other items tied into design will have to come back for review and approval and that is included in the Conditions of Approval. There were no public comments on this item. Councilman Buckley asked whether staff was looking at both ride-ins and ride-outs on Lakeshore. Director Weiner responded that Staff has not yet analyzed the circulation. Buckley also stated that he did not see a connection to Toyota. Weiner explained that the plan is not that specific, but the issue was brought to staffs attention and it is something that will be looked at. Buckley also confirmed with staff that the lights closest to the homes would have shadings. There being no one further wishing to comment, the public hearing was closed at 7:36 pm. Councilman Buckley moved to approve Resolution No. 2008-95 finding consistency with the Multiple Species Habitat; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. Councilman Buckley moved to adopt Resolution No. 2008-96 adopting Mitigated Negative Declaration No. 2008-04 and the Mitigation Monitoring and Reporting Program appertaining thereto; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. Councilman Buckley moved to adopt Resolution No. 2008-97 approving General Plan Amendment No. 2008-03; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. Councilman Buckley moved to adopt Resolution No. 2008-98 approving Commercial Design Review No. 2008-07; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. 7 Agenda Item NO.3 Page 19 of 23 (14) Residential Desion Review No. 2005-28. Amendment No. 1 for "Parkside Terrace" Located within the Canvon Hills Specific Plan Area Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2008-99 approving Amendment No.1 to Residential Design Review No. 2005-28. Mayor Hickman opened the public hearing at 7:38 pm. Acting Community Development Director Weiner advised Council that this was a request from Pardee Homes to modify a previously approved design review for the Parkside Terrace Multifamily Development In Canyon Hills. The project was approved in 2007 consisting of 227 units. The changes that Pardee is proposing include modifications to exterior window designs, replacing window shutters with pot shelves and stucco surrounds, an increase of on-sight landscaping, additional open space for ground floor units and some additional amenities to the tot lot and pool, increasing size. He explained that although the architecture has been modified the applicant has provided additional amenities for the site. Staff feels that the applicant has suggested acceptable alternatives without a loss of quality to the overall project and amenities for this residential development. Dave Dunham, Senior Vice President of Multifamily Development of Pardee Homes thanked staff for the work they have done on this project. He noted that Jim Stringer, Division President and Jay Skinner the Project Manager were in the audience and available to answer any questions. There being no further comments, Mayor Hickman closed the public hearing at 7:40 pm Councilman Schiffner moved to approve Resolution No. 2008-99 approving Amendment No.1 to Residential design Review No. 2005-8; second by Mayor Pro Tem Kelley who commented on the high quality of Pardee Homes, indicating they are nicely styled and were wonderful homes for families who are downsizing. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. APPEAl(SI No appeals scheduled. BUSINESS ITEMISI (15) Summary Vacation and Related Resolution over a Portion of Street Rioht-of-Wav Known as Wasson Canvon Road 8 Agenda Item No.3 Page 20 of 23 Recommendation: Adopt Resolution No. 2008-100 approving the Summary Vacation of a portion of Wasson Canyon Road. Director of Public Works/City Engineer Seumalo addressed Council stating this was a request for a Summary Vacation of a portion of Wasson Canyon Road. He noted the vacation is in compliance with the Landscape Specific Plan and has been found consistent with the General Plan and Circulation Element by the Planning Commission by a 5-0 vote. Staff has confirmed that effective parcels have adequate access to all public roadways and is recommending approval. After confirming that this was surrounded by MSHCP Councilman Buckley moved to adopt Resolution No. 2008-100 approving the Summary Vacation of a portion of Wasson County Road; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. PUBLIC COMMENTS - NON-AGENDIZED There were no comments. The City council recessed to the Redevelopment Agency at 7:42 pm. The City Council reconvened at 7:53 pm. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (1 ) (2) (3) (4) (5) (6) On Monday, November 1ih is Dr. Passarella's Annual Report from 5:30 to 8:30 pm. at the Diamond Club, the cost is $25.00 and this is in lieu of the regular lunch. Thursday, November 13th Cops for Kids Networking event and mixer at 5:30-7:30 pm at Lake Elsinore's Sheriffs department, 323 Limited Avenue. Thursday, November 13th is the ribbon cutting for the Holiday Inn Express on Canyon Estates at 11 :30 am. Thursday, November 20th is the Senior's Thanksgiving Lunch at Lake Elsinore Senior Center, reservations are required. Saturday, November 22nd Unity in the Community Parade beginning at 10:00 am on Graham, down Main Street to Heald. Saturday, November 25th, the Chamber softball challenge from 10:00 am to 2:00 pm at McVicker Park. City Manager Brady congratulated all of the candidates who participated in the past election and congratulated Councilman Magee for his re-election. He also congratulated Councilwoman Elect Amy Bhutta and Councilwoman Elect Melissa Melendez. 9 Agenda Item No. 3 Page 21 of 23 CITY ATTORNEY COMMENTS City Attorney Leibold congratulated all of the candidates, especially Councilman Magee. She looked forward to working with Dr. Bhutta and Melissa Melendez COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS Councilman Schiffner congratulated Councilman Magee for taking on this job for another four years and also congratulated Amy Bhutta and Mrs. Melendez. He hoped they would find it to be as enjoyable as it has been for Mayor Pro Tem Kelley and him. Mayor Pro Tem Kelley offered her congratulations to Councilman Magee and to Amy Bhutta and Melissa Melendez as well. She hoped they would enjoy it as much as she has for the past 13 years; and wished them God speed. Councilman Magee thanked the past and present veterans for their service and asked for prayers for the safe return of all our troops that are overseas. He also thanked the voters for their support and expressed his honor to be able to continue to serve the community. Councilman Buckley commented on the negative campaign flyer regarding Chris Hyland and thanked all of the candidates who ran noting it was not easy to do. He stated the decision to put in the time shows that they care about the community and he urged them to please stay involved. He specifically congratulated Councilman Magee, Amy Bhutta and Melissa Melendez indicating he is looking forward to a good four years. Mayor Hickman noted that there were about 2,000 to 3,000 kids who came downtown for Halloween. The downtown merchants gave away 20 bicycles for the best costumes. He announced the Unity in the Community parade November 22, 2008, and invited everyone to come out and enjoy all of the groups that will be there. He thanked the veterans and the ROTC for doing an excellent job. He congratulated the candidate elects and Councilman Magee on their election and he congratulated all of those that ran. 10 Agenda Item No.3 Page 22 of 23 ADJOURNMENT There being no further business to come before the Council, Mayor Hickman adjourned the meeting at 7: 58 p.m. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE 11 Agenda Item No.3 Page 23 of 23 CITY OF ~ LAKE 6LSiNOFJ; , , V DREAM EX'TREMEN REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: WARRANT LIST DATED NOVEMBER 13, 2008 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Recommendation Authorize payment of Warrant List dated November 13, 2008. Prepared By: Crystal Robinson f\ 0 Account Specialist I \..:.A'-. Reviewed By: Matt N. Presse~ Director of AdminiS'"t?ative Services Approved By: Robert A. Brady,f) r(k City Manager ~LZJ Agenda Item No.4 Page 1 of 5 NOVEMBER. 13, 2008 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 2,637,921.04 101 SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND 3,023.98 -~-- 492.37 104 TRAFFIC OFFENDER FUND 105 MISC. GENERAL PROJECT FUND 12,184.63 107 DEVELOPER AGREEMENT REVENUE FUND 838.49 110 STATE GAS TAX FUND 11,791.10 112 TRANSPORTATION/MEASURE A FUND 106,150.00 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 61,916.15 205 SIGNAL C.I.P. FUND 10,247.50 211 STORM DRAIN C.I.P. 141.00 356 AD. 90-1A DEBT SERVICE FUND 267,187.50 357 C.FD. 2003-2 DEBT SERVICE FUND 868.52 362 C.FD. 95-1 1996 SRS E DEBT SERVICE FUND 868.52 363 C.F.D. 88-3 1997 SRS A DEBT SERVICE FUND 868.52 ~- 364 C.F.D. 88-3 1997 SRS B DEBT SERVICE FUND 868.52 -~_._~ ~--- 365 C.F.D. 98-1 SUMMERHILL DEBT SERVICE FUND 868.52 366 C.F.D. 2005-6 CITY CENTER TOWN HOMES DEBT SERVICE FUND 868.52 368 C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND 868.52 371 C.F.D. 2005-1 SERENITY DEBT SERVICE FUND 868.52 372 C.F.D. 2005-2 ALBERHILL RANCH DEBT SERVICE FUND 868.52 373 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND 868.52 384 C.F.D. 2003-2 SERIES 2006 A DEBT SERVICE FUND 868.52 385 C.F.D. 2004-3 SRS 2006A DEBT SERVICE FUND 1,737.04 606 MOBILE SOURCE AIR POLLUTION FUND 422.39 608 TRUST DEPOSIT & PRE-PAID EXPENSE FUND 1,266.21 ---- 620 COST RECOVERY SYSTEM FUND 11,548.31 - - GRAND TOTAL $ 3,136,421.43 11/18/2008 Warrant 111308 1of1 Agenda Item NO.4 Page 2 of 5 NOVEMBER 13. 2008 CITY OF LAKE ELSINORE WARRANT UST CBECK# VENDOR NAME 94786 FLEXIBLE BENEFITS GROUP. INC. 94787 BCS INSURANCE & FINANCIAL SVC, INC, ----- 94788 L1UNA LOCAL 777 94789 ------r...1ARLA RICE 94790 SPARKLES THE CLOWN & CO. 94791 PRE-PAID LEGAL SERVICES, INC. 94792 STANDARD INSURANCE COMPANY 94793 STANDARD INSURANCE COMPANY 94794 VISION SERVICE PLAN 94795 THE L.I.U. OF N.A. _ 972~__VOID-COUNTY OF RIVERSIDE, SHERRIF, STANLEY SNIFF 97782 ALLlANT .!I'lSURANCE SERVICES, INC. 97783 AMERICAN ALLIANCE DRUG TESTING 97784 AMERICAN FORENSIC NURSES 97785-97786 AMERIPRIDE SERVICE 97787 _~ANK OF AMERICA (0619), CITY MANAGER'S OFFICE Jl7788_ BANK OF AMERICA_(3309), FIRE STATION #85 .il7789 ____~ANK OF AMERICAji)673), LAKE & AQUATIC RESOURCES DEPARTMENT iJ7790_____. BANK OF AMERICA (6678), FIRE STATION #85 JlJJ..9.1..__ BARCLAYS CAPITAL, INC. 97792 BLOOMFIELD GROUP, INC. 97793 BUNDY CANYON TURF SUPPLY --- 97794 BUREAU VERITAS NORTH AMERIC~NC. 97795 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 97796 CASE SYSTEMS, INC. 97797 CLEAN SOURCE, INC. 97798 CMS COMMUNICATIONS,lNC. 97799 COOl< EQUIPMENT OF ORANGE, INC, _~ 97800 KIRT A. COURY ------"---~-- 97801 MARILYN CURTISS ~--- --~ 97802 DAVID HOGAN CONSULTING SERVICES 97803 DEPARTMENT OF ENVIRONMENTAL SCIENCES 97804 DIAMOND INDUSTRIES -~~--- 97805 DIAMOND STADIUM GROUP, L.L.C. 97806 ----.flIEHL,EVANS & COMPANY, L.L.P. 97807 CAROLE K, DONAHOE, AICP 97808-97812 E. V. M, W, D. 97813 ELSINORE PIONEER LUMBER CO. 97814 ELSINORE VALLEY RENTALS 97815 EMPLOYMENT DEVELOPMENT DEPARTMENT 97816 FEDERAL EXPRESS CORPORATION 97817 FILARSKY & WATT, L.L.P. 97818 FIRST AMERICAN CORE LOGIC, INC. 97819 HEMET FENCE COMPANY 97820 HISTORICAL DOWNTOWN MERCHANTS ASSOCIATION 97821 I.C.MA RETIREMENT TRUST 97822 IMPACT PROMOTIONAL PRODUCTS ~----~-------- 97823 KDM MERIDIAN --- ------"- 97824 LAKE BUICK PONTIAC GMC, INC. 97825_~I<E ELSINORE UNIFIED SCHOOL DISTRICT ,97826 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 97827 L1LBURN CORPORATION AMOUNT $ 108.00 328.71 1,484,00 550.00 265,00 103.60 11,426.64 2,396.07 1,607.96 4,864.00 (2,445.21 ) 3,402.79 297,00 79,00 218,08 373,26 153,13 77.64 887.51 4,510.94 491.42 57.94 2,824.00 700.00 5,565,82 31.28 554.06 56.75 4,794,00 48,00 4,616.49 3,100,00 4,000,00 815,00 8,000,00 3,877.35 37,955.76 517.01 30.17 ----- 1,519.00 144.14 3,060.00 222.60 1,375.00 100.00 4,203.00 423.51 10,247.50 80.80 22.50 50.00 255.00 11/18/2008 Warrant 111306 1 OF 3 Agenda Item NO.4 Page 3 of 5 NOVEMBER 13, 2008 CITY OF LAKE ELSINORE WARRANT LIST AMOUNT 44,95 814,26 2,467.50 269.00 541.50 4,653.00 72.96 375.00 12,159.28 104,563.00 525.02 238.49 12,960.00 446.25 3,023.98 1,157.19 395.40 175.76 12,452.10. 881.59 30,348.99 841.57 13.00 1,888.00 1,150.00 485.00 858.92 1,575.00 1,220.00 40.00 1,200.00 3,724.00 461.61 4,230.00 54,422.85 196.65 204.00 1,896.82 179.02 ~,359.69 178.55 60.21 492.37 57.07 109.44 684.21 267,187.50 85,915.65 2,722.75 660.57 2,804.79 569.21 CHECK# VENDOR NAME 97828 L1NKLlNE COMMUNICATIONS, INC. 97829-97830 LOWE'S HOME CENTERS, INC. 97831 CHARLES MACKEY JR. 97832 THE MARK FISHER COMPANY 97833 MEUMANN, CHRISTINA ANNE 97834 LINDA M. MILLER 97835 MOBILE SATELLITE VENTURES, L.P. 97836 MUNISERVICES, L.L.C. 97837-97838 NBS GOVERNMENT FINANCE GROUP 97839 NELSON PAVING, INC. 97840 NORMAN INDUSTRIES, INC. 97841 OCB REPROGRAPHICS ---- 97842 P.B. RAMEY ENGINEERING 97843-97844 PETTY CASH 97845 PF DISTRIBUTION CENTER, INC. 97846 POWERLAND EQUIPMENT, INC. 97847 PREMIUM PALOMAR MT. SPRING WATER 97848 THE PRESS ENTERPRISE 97849 THE PRESS ENTERPRISE 97850 QWEST COMMUNICATIONS 97851 REGIONAL CONSERVATION AUTHORITY 97852__ RIGHTWAY SITE SERVICES, INC. 97853 RIVERSIDE COUNTY RECORDER 97854-97858 COUNTY OF RIVERSIDE, SHERRIF, STANLEY SNIFF 97859-97860 ROBBINS PEST MANAGEMENT, INC. 97861 ROTARY CLUB OF LAKE ELSINORE - ~~-- 97862 SADDLEBACK MATERIALS COMPANY, INC-,- 97863 SC SIGNS 97864 SCOTT MORRISON & ASSOCIATES 97865 SECRETARY OF STATE 97866 SIGNS PLUS 97867 SILVER STATE COACH ~-~-~-------- 97868 SMART & FINAL ---.--- ----~--- 97869 DAVID S. SOLOMON 97870-97874 SOUTHERN CALIFORNIA EDISON CO. 97875 SOUTHERN CALIFORNIA GAS CO. ---~-----~~ 97876 DANANJA SOYSA ------- 97877-97878 STAPLES BUSINESS ADVANTAGE 97879 STAPLES CREDIT PLAN 97880 STATE COMPENSATION INSURANCE FUND 97881 STAUFFER'S LAWN EQUIPMENT' -- ---~-- 97882 TEAM AUTOAID, INC. _____ 97883 TEMECULA MOTORCYCLE SALES & SERVICE 97884 TIME WARNER CABLE 9788~_ TRAFFIC & PARKING CONTROL CO., INC. 97886 TWIN GRAPHICS 97887 UNION BANK OF CALIFORNIA 97888 UNION BANK OF CALIFORNIA 97889 UNION INSTITUTE & UNIVERSITY 97890 VENUS PRINTING -- - 97891-97893 VERIZON CALIFORNIA --- - 97894 VERIZON EQUIPMENT SALES & SERVICE 11/18/2008 Warrant 111308 2 OF 3 Agenda Item NO.4 Page 4 of 5 NOVEMBER 13, 2008 CITY OF LAKE ELSINORE WARRANT LIST Cl--lECK# VENDOR NAME 97895 VERIZON WIRELESS 97a9S--ViLCAGEEOOPMENT RENTALS, iNC. 97897 WESTERN SAFETY PRODUCTS, INC. 97898 SARAH WILLIAMS AMOUNT 131.94 247.50 1,950.53 635.61 $ 789,365.47 2,000,000.00 1,039.28 443.47 138,498.79 ~0,278.93 4,355.58 103,302.40 49,137.51 $ 3,136,421.43 PIE DATE 11/04/08 11/12/08 10/30/08 11/13/08 11/13/08 10/30/08 10/30/08 11/13/08 BANK OF NEW YORK WIRE TRANSFER FLEX BENEFITS WIRE TRANSFER PAYROLL CASH PAYROLL CASH PAYROLL TAXES CALIFORNIA P.E.R.S. CALIFORNIA P.E.R.S. CALIFORNIA P.E.R.S. GRAND TOTAL CHECK STOCK #339644 THRU 339744 (CHECK STOCK VOIDED #339745 THRU 339748 & 339808 THRU 339811 11/18/2008 Warrant 111308 3 OF 3 Agenda Item No.4 Page 5 of 5 CITY OF ~ LA~ ,6LSINORf ~P.:! DREAM E;(TREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: INVESTMENT REPORT - OCTOBER 2008 Discussion The Investment Report is a listing of all funds invested for the City as of the date shown on the report. Recommendation Receive and file. Prepared By: James R. Riley ~ Finance Manager U Reviewed By: Matt N. Presse~ Director of Adminrstr6tive Services Approved By: Robert A. Brady (l Jt City Manager I L41}J Agenda Item No.5 Page 1 of 11 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF OCTOBER 31, 2008 ACTIVE ACCOUNTS BANK DEPOSITS OUTSTANG. BOOK BALANCE IN TRANSIT CHECKS BALANCE $5,299,041.56 360,776.16 (2,711,001.87) 2,948,815.85 105.00 (61,651.38) (61,546.38) 28,370.23 (16,530.88) 11,839.35 1,553.00 (553.00) 1,000.00 5,328,964.79 360,881.16 (2,789,737.13) 2,900,108.82 Bank of America - General Reconciling Items Bank of America - Payroll Bank of America - Flex Benefit Total Active Accounts INVESTMENTS Local Agency Investment Fund Bank of New York-Trust Sweep Account Bank of New York-Medium Term Corporate Notes Federal Home Loan Mortgage Corp. Federal Home Loan Bank Federal National Mortgage Association Sub-total Investments 18,969,577.83 1,100,616,04 1,005,440.00 6,000,000.00 3,000,000.00 2,000,000.00 32,075,633.87 18,969,577.83 1,100,616.04 1,005,440.00 6,000,000.00 3,000,000.00 2,000,000.00 32,075,633.87 Unrealized Gain! (Loss) at 6-30-08 per GASB 31 (LAIF) Unrealized Gain! (Loss) at 6-30-08 per GASB 31 (Other) (1,974.00) 33,113.00 (1,974.00) 33,113.00 Unrealized Gainl (Loss) at 6-30-08 per GASB 31 (Total) Total Investments 31,139.00 32,106,772.87 37,435,737.66 360,881.16 (2,789,737.13) 31,139.00 32,106,772.87 35,006,881.69 Cashier Drawers #1 & #2 City of Lake Elsinore Petty Cash Fund TOTAL POOLED CASH AND INVESTMENTS 300.00 1,000.00 $35,008,181.69 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 24, 2008. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. November 25. 2008 Date Preparedby:J. Riley, Finance Manager Agenda Item NO.5 Page 2 of 11 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF OCTOBER 31, 2008 FUND NO FUND NAME 100 General Fund 101 Supplemental Law Enforcement Fund 102 Local Law Enforcement Block Grant Fund 103 Office of Traffic Safety Fund 104 Traffic Offender Fund 105 Misc. General Project Fund 106 Affordable Housing In Lieu Fund 107 Developer Agreement Revenue 110 State Gas Tax Fund 112 Transportation Fund 115 Traffic Safety Fund 116 City Hall-Public Works DIF Fund 117 Community Center DIF Fund 118 lakeSide FacilityDIF Fund 119 Animal Shelter DIF Fund 120 Camino Del Norte DIF 130 Lighting & Landscape Maintenance Fund 135 #1 Lighting & Landscape Maintenance Fund 140 Geothermal Fund 150 C.D.B.G. Fund 201 Street C.LP. Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 211 Storm Drain C.I.P. Fund 221 Park C.I.P. Fund 231 Library CJ.P. Fund 232 City Fire Protection Fund 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 259 CFD 90-3 Construction Fund 267 CFD 2006-1 Summerly 272 CFD 2005-2 CIP Fund 351 AD 87-2 Debt Service Fund 352 AD 86-1 Debt Service Fund 353 AD 89-1 Debt Service Fund 356 AD 90-1 Debt Service Fund 357 CFD 2003-2 Canyon Hills 358 CFD 91-2 Debt Service Fund 360 AD 93-1 Debt Service Fund 362 CFD 95-1(96 Srs.E) Debt Service Fund 363 CFD 88-3/1997 Series F Debt Service Fund 365 CFD 98-1 Summerhill Improvement fund 366 CFD 2004-1 Debt Service Fund 367 CFD 2005-3 Summerly / Laing 368 CFD 2004-2 Vista Lago 370 CFD 2005-x Camino Del Norte 371 CFD 2005-1 Serenity 372 CFD 2005-3 Alberhitl Ranch 373 CFD 2005-5 Wasson Canyon 374 CFD 2005-4 lakeview Villas 375 CFD 2005-1 D. Clurman 376 CFD 2005-7 La Strada 377 CFD 2006-X Tessara 378 CFD 2007-X TR#31957 379 CFD 2007-X Marina Village 380 CFD 2006-9 Tuscany W 381 CFD 2006-10 River lK 382 CFD 2006-9 Trieste 383 CFD 2007-X Canyon Hills 384 CFD 2003-2 SRS 2006A 385 CFD 2004-3 SRS 2006A 386 CFD 2007-4 Mekenna 388 CFD 2007-6 Holiday 389 CFD 88-3 Series 2008 604 Endowment Trust Fund 605 Public Improvement Trust Fund 606 Mobile Source Air Polution Fund 608 Trust Deposit & Pre Paid Expense 610 Kangaroo Rat Trust Fund 611 Developer Agreement Trust Fund 616 Fire Station Trust Fund 620 Cost Recovery System Fund 650 CFD 2003-1 law & Fire Service Fund 652 CFD 2007-1 law & Fire Total Pooled Cash & Investments AMOUNT 3,503,002.42 194,295.12 14,070.53 62,180.54 432,306.79 1,010,038.04 3,312,099.56 1.492,362.74 1,572,557.47 528,906.17 907,030.22 615,558.70 250,517.25 391,317.25 32,529.44 (992,971.12) 148,650.59 17,753.51 (109,849.58) 12,690.69 118,819.37 3,392,359.17 6,513,780.54 1,099,376.43 1,274,674.15 703,494.23 127.395.08 673.67 (1,570.00) 843.76 49,211.35 82,084.27 45,759.72 457,729.72 212.167.15 10,467.03 895,643.54 198,970.75 89,415.71 183,203.54 (12,255.60) (18,322.60) 243,585.06 3,869.90 (116,865.08) 15,588.74 190,366.21 54,068.61 44,819.00 (675.20) 44,192.67 59,666.55 404.91 477.60 55,652.16 73,783.97 63,487.68 43,915.29 (126,268.08) (23,953.75) (604.80) 458,518.88 16,341.15 533,694.57 244,862.93 1,346,461.43 960.50 1,619,290.00 CITY OF LAKE ELSINORE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING OCTOBER 31,2008 Total outstanding investments as of September 30, 2008 PURCHASE MATURITYI DATE CALL DATE Investment Purchases: Total Purchases Investment Maturities: Total Maturities Investments Called: Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of October 31,2008 COUPON YIELD TO RATE MATURITY $ 37,058,713.65 COST (4,983,146.58) 66.80 $ 32,075,633.87 Agenda Item No. 5 Page 4 of 11 ;.. .... ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ - .... '" '" '" '" '" '" e =: 1'! ~ '" '" ;J -< <: <: N N ~ ~ ~ N ~ N . Q z z ~ i'! ~ '" :!: ~ ~ " ~ 00 E .... N <;;> ~ <;;> <;;> -< ;0 ;0 ;0 8 8 ~ ~ <; ~ = '" '" '" '" '" '" 0 ;:!; 9 . ~ 1j ~ ~ '" ~ 8 '" '" '" ~ .... ...l ~ 8 '" '" '" '" '" '" '" '" '" '" '" '" '" '" Ii:' ...l <: <: ~ ~ N N ~ ~ ~ <: ~ ~ -< -< z z ~ ~ ~ ;0 ~ ~ ~ z ~ ~ ill u Q 3 ~ '" <;;> :< i'! :g ~ '" '" M '" '" ~ i = .. ~ ;; '" 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -< ~ 8 8 8 8 8 8 8 8 8 . == .... <: <: N ~ ~ N ~ N ~ ~ ~ ~ :;; U -< z z " 2 ~ ;0 :!: ~ ~ N ~ ~ ,., 3 ~ '" <;;> <;;> <;;> =: Q '" :g :g 8 " 00 g <; ~ ~ ~ '" '" '" '" 0 :;; IJ) .; ,., ~ c ~ = ~ . ~ ........ 1! " QO N ~ ~ ~ N ~ ~ M ~ ~ .. ~ . ,:; ~ ",-< => .. '" '" '" M '" M '" '" = .. '" 11 ~Q => '" ~ .,; :e '" :li 00 ~ ~ '" i. :; ~ =:~ '" ~ N :g M ~ ~ .. ~ . . ~ ~ '" .. M "'. .. .. N .. '" ~ :;; " . < ~z :e N :e :6 0 :6 :6 ti '" :e :6 ...: " ....=: .., ~ ;;; '" .: . - N :;; . .. ~ z-< => e ~ -~ .... ~ Eo< go . u .e Z = M ;; ~ 8 8 8 8 8 " .~ 0 = ~ 8 8 ~ ~ ~ ~ ~ .: 1l N ,..: .,; 8 8 g g g g g 0 ~ g '" . Z :::g .... ~ ;; .. e 1l ~ '" '" '" '" '" '" '" .. '" ~ '" '" ] .... .... '" 0 ~ ~ g 0 0 0 0 vi ~ ~ vi ~ IJ) Eo< tf'l 0 '" =: 8 ~ ~ 8. ~ ~ c. ..::l u '" '" . e IJ) ~ N N '" ~ N . ~ ~ M ~ ..; ~ '" . ;>- . . ~ " " Z =:I ;.. . a ~ 0 t: m 0 .... . .... .... 50 < ;l * * * * * * * * * * * * " Q Eo< ~ g '" ~ ~ '" '" '" 8 ~ ~ '" ~ 1j 0 ..::l ;J ;; N ~ ~ ~ ~ ~ ~ " Z U <-: '" ~ ~ N '" O! .... .!! 0 .... N ,,; ~ .. .. .. vi ~ ~ vi ~ ~ .. ~ < - <( " u ;.. ~ .;;; c 0 . . IJ) ~ '" . .?;> '" ..... Eo< 0 .... . Eo< Z '" II J! IJ) ~ ~ * * * * * * * * * * * * ~ '" = u .... ~ < =: .... g '" ~ ~ '" '" '" 8 ~ ~ '" 8 C' :2 U -< ;; ~ ~ ~ ~ ~ ~ ~ :::g ~ <-: ~ t- O! ~ N . ~ .... =: N ,,; ~ .. .. .. ~ vi vi vi vi vi c . Eo< z 0 " " ] IJ) - E ~ . ,., ~ . g ;>- . . . '" Z =: M '" N 11 <: '" Cl 5 :;; M ~ '" ~ .. ;;; ~ 0 .... ~ ~ ~ " Q M ;)\ '" .... M g .. - .. N .... N " >- ..J "' :I: ~ " = . '" :;: os: :;; ~ '" ~ '" ~ ~ :I: ~ '" ~ ." " ;J ~ '" >< >< >< >< .. >< >< :g >< .. = . ..J '" M ~ M ~ '" ~ ~ ~ '" ~ G:" .. U ;J '" ~ ~ ~ ~ ~ ~ ~ .. ~ M 9 c '" ~ Z '" ~ ~ ~ ~ ~ '" ~ ~ 0 M ~ ~ 8 ] N 1! . ..: = . ,., .. " "3 1; e ~ ~ ~ " .9 . ;; . . ] >- > ~ ~ ~ .. .s "8 . :;; e- . e- ~ ~ e- .( ~ ,., . = 0 <: 0 0 0 li: g . .. >> u . u u z u ~ . .!! .... 1; ~ "l! l>J' "l! "l! '" l>J' ~ ~ '" ~ .~ . l>J' l>J' <: 0 Z ~ 0 . :;; . . ~ :;; :;; . :;; ~ ~2 ~ :;; "' "' "' ~ " .. c c c c 0 c :;j c. c 0 <9 u ;:!; . ,., . . . . :;; . ~ . :;; . 0 . >> > ~ .3 .3 .3 0 "2 0 .3 .3 ..J H .... .!i ..J ..J U "2 ...l " '" . . . . e <: E ~ " 0 >> . ~ ~ e .2 e 0 . 9 ~ g ,:; 9 ;;; 9 9 . .~ .... . " . ;> . 0 0 0 0 0 0 <9 " . '" 11 :I: :I: :I: :I: Z :I: :I: .... :I: Z .... "' 1! c Z <: 1! 1! 1! 1! .. .. Ol 9 1! 1! " . . 0 - Ii ~ " " " .= e e ~] . . . " . . . . 1l . . ~ ~ " " " " " " " " 1l 1l 0 " . . " . . . . :;; .s .!i is g Agenda Item No. 5 ...l .. .. .. .. .. .. .. .. .. .. Page 5 of 11 ff ;.. Eo< ~ ~ [il~~ O"'C> Zi!:i'" ... ~>~ ...:l"",,: r.l"'r.l r.l~"" ~r.lo ;:i;:gb ~Eo<o 0"'''' ;..~o !::i!:i~ u~ Z is Z ..: &:: !:; o s ~ It ~~ i2 "' ::> C ,.J Z -<: "' "' > 0 '" .... '" .... ~ -<: 15 -<: :;l :;l .... ~ ~I g; >- ~ ~I :;l "' '" ~ ~I ::> 0. " 0. "' <n '" ::> :;l u ~ .... "' z o "' "' :;l 0. t;; >- "' .... :> g; ~I z o ;:: ::> .... ;:: '" g; ] "' " ~ . > .9 ~ . -<: (i; -; .3 j ~ "" ,..: ... ~ ~ -0 a- ~ ~ "" ,..: ... ~ ~ :l; ~ '" g ... N -<: z -<: z "' 3 ,.J o i2 'l! . "' " ~ . .9 ~ ~ . '" -<: M "" ,..: ... ~ ~ >0 a- .; ... = If ~ = . ~ . > .9 ~ . = 1'0 -<: ... ~ ,.J ... ~ '" o N ~ ~ ~ "" ,..: ... ~ ~ -0 a- .; ] ~ ~ o :;l " " . ~ .... 11 ~ . ... <l: ~ o :!i -0 ~ ~ o vi :0 ~ '" o :0 ,,; -<: z -<: z o ~ N ~ a- a- a- a- '" 0. "' "' ,. '" " . o . . -<: ~ . . ~ '" 2 ~ o >- ~ . z ~ o ~ '" .. o vi -0 C o 1l .. . . ::;; ... ~ o ::;; i:' a . . . E- ... . ~ . . ~ ... 1$ E- '" ~ "': M <\ vi :0 ~ ..: ~ ~ ,.J ,.J a . -<: . . :; :;l '2 o ." . z e . "ll "' . . . . . . "E "E . . '" '" c a ~ ~ . . .s .s g g . . '" '" = = o 0 'S 'S ::> ::> :;;; r;:: ~ ... ~ \0 "';00 o a- 0, a- 88 ~ ~ 00 :;;; 8, "'''' :;: 8 NO on ~ :l ~ ~ ~ ~ Q 88 "" "" 8 8 r::! ~ ~ "" _ e 88 ... "" ;;; !; i1: a- -0 il; ::l ::: ~ ~ -<: -<: :;l :;l z z "' "' 8 g o ~ '" = . . -<: !'. !l, 1: o ::;; ] ~ z ... . . ... . '" ... 1$ E- '" ~ N vi M ~ '" ~ N ~' o o '" 888 8. vi <::5 ... N ~ ~ -0 r-:~f"i a- a- 0 a- a- 0 '", 8 8 8 ~ ~ ~ 000 888 ~ N N '" '" '" g ~ ~ o ~ ... vi..f ...; N ~ ~ 000 N N ~ ~ ~ ~ ;::.;::a ::a 00 ... "" "" 8 g 8 N N N r-- ~ \C g ~ N ~ \a ::a 00 ~ -0 ~ ~ ~ '" :;l ~ r:: >< >< >< ~ M "" ~ ::; ~ ~ M ~ ~ ~ ~ '" '" '" "' "' "' u ,.J ,.J . . " 0; "E .s ~ . '" '" '" c ~ ~ . . ~ ~ :;l :;l ~ ';j c; t1.l .5.g.g ~ ~ <; <; ~ ~ ~ g t1.l .~ .~.~ ;t ~uu "l! . '" = . .3 '" Ii! ~ o o vi ~ ~ ,,; o o or; 8:G1S1S ~ s:: g g 0\ N 0\ N 8"".,.;...-\ ~~~~ IS g o ~ ~ IS 8 IS 8 ~~~~ ~~~~ ~ ~ ~ ~ V'l 8 V) 0 ~ o:""l ~ ~ ...t vi vi vi '" = . '" Ii o ...:l . e ill ... . . ~ ... 1$ E- ::: f"'l f"'l ("") 0;; 0 :0 N N ~ ~ ~ ~ on 00 eo 8SGGS 00 00 00 00 IS IS IS IS t:! ~ t:! ~ N 1.0 V'l 00 - 0 0 ::a r:: 00;:::: 0000 5 ~ !;; M N ~ en ::z:: ...... r-- " ...... >< >< >< >< 00 0Cl 00 00 ~ ~ ~ ~ f"'l ff'1 ("") f"'l u u u u :;l :;l :;l :;l ...J ...J ...J ...J ::z:: = ::z:: ::z:: t1. u.. u.. u.. u ,.J ,.J ..; . 0; " ~ .5 "E II 11 ~ ~ ~ a . . . :;l :;l ~ Oil -a <l.l >. .g .g oS G,l <; <; ~ ~ c. Q., <<:I en ~ g e ~ ;; t1.l 0.0 0Ll 0 e!' "3 :E :E E 0 u.. U U ~ :2 o U :;l = . .3 . e o '" ~ N ,,; ~ M ,..: o ... .. :; u '" ~ = . o ...:l . e o '" ... . . ... . '" ... ~ '" ~ ~ :::i IS g o ,,; IS .,; {j z " ~ o o u E . .... e .3 ... . :;l g ,,; "" o M ~ a- IS ~ ~ or; IS, '" ~ ~ vi ~ g ;;: ~ "" o "" IS ~ N e a- o ~ " '" '" -0 o $ o z u .... :;l ] u :;l '" o >- ~ . z ~ o ~ '" '" :;; N o ~ o -0 o 00 "" a- o M ...; on ~ <\ '" ~ 8 ~ ,,; M ~ ~ ~ -0 ,,; ori ~ b '" M . 1$ z . ~ . o .. :; u e . ~ e . :a . ::;; ... 1$ E- 00 s: ~ s 0; " o ~ . " . ~ e . <@ ~ i!l :i E ~ . . > .9 " ~ " . ~ .... " JS '" . "8 g ... u 'l! . " . e " " '" ~ ] . . u ~ ~ o :;l i;' . ~ o u 2 .... '" o ,. ~ . z ~ o "l! . '" ;; . ... > OIl ~ i ~ g .s o . - " " :; ~ger*:la Item NO.5 Page 6 of 11 I"l =- ... ... ... ~ :;J ; ~ z ~ ... ~:~ o!;:~ z~___ ~::Stf') ...l...J>: l"l"'l"l I"ll"l"l ~~o <z... ...l~U ","'0 00", ..."'0 ~~r.n ~...< U'" ~ J>: f; :!5 '" 0. "' on '" 0::; u ~ < Z < Z < Z < Z ~ ~ ~ " ~ .... o o 0. iO < .... < z '" 00 8 8 to! to! "' S~ <:> - 00 '" 00 8 8 8 M M M t::: 0\ \0 <:> - M :: ~ ~ " ~ ~<t:: >. o ~ :5 o "'"' "' <; g ~ ~ .... ~ <: ~ = 001 ~ ~ ~ ~ ~ u: '" '" '" ........ .... :I::I: :I: '" '" '" ~ '" ~ ~ ::E 0 ::; ~ ~ " " " ~ ~ 00 ::: :3: ~ ~ ~ ~ g 8 to! M ~ ~ ~ ;; '" '" 8 8 ~ ~ "'00 ee M - <:> <:> < z < z < z < z ~ <i: z u .... ::; ..,. :.: '" :I: '" <:> ;1; <:> c " u :l u u 0 " .... .... .... ~ " .... .... .... .... < '" 0 . ~ ~ ~ 11 11 ~ ~ ~ 8 ~ ~ ~ ~ ::; ~ 0 t '" '" '" ~ " u z 0 ~ ~ ~ ~ c c g ~ ~ '" '" "l! '" '" '" '" '" '" >l 0 .ll .ll ~ ~ '" ~ ~ 0 c c ~ c c e ~ ::; .... ~ ~ ~ '" ~ ~ " ::; '" '" ~ ::; E E 0 ~ 0 ~ ~ ~ z ~ ~ ~ '" ::; ~ ::; ::; ~ ::; ::; 0 '" .9 .9 ~ ~ ~ 0 0 0 .. ~ ~ .... ~ .. .. .... .. .. ~ " u 0 ,. > > .9 > ,. ;:: 0 .s .s ~ ~ is ~ .0 is .s ~ E " ~ 0 0 0 ~ ~ . ." e c:; e c:; c:; -a . .... ~ ~ ~ ~ 0 ~ " 0 ~ Ii ~ ~ .... ~ ~ z Z 0:. 0: '" .... z ;:: " 11 ~ ~ ~ '" '" '" '" ~ < < ~ .. '" '" E '" ~ " E " ~ '" 0 .~ ~ '" E 0 0 0 0 8 8 0 ~ 0 :!5 .. .. " f!' ~ ~ ~ 0 0 ~ 0 " " ~ " " 0 "0 "l! g " "0 ~ .S .S "0 .S 'e '::I "ll :-e .= .S 0 ~ 0 ~ ~ u u ~ .... .... '" '" 0 0 '" 0 '" u U ::. ::; ::; '" Agenda Item No.5 Page 7 of 11 < z " ~ "'" -a < o " o < z ~ s: < z € e B '':::: ~ 2 01< ~ :0 Ii .2, "0 < " " ~ ~ x x u:: u:: 0. "' "' ~ '" < < ::; ::; z z '" '" <:> "' M "' '" '" '" g; .... 00 ~ .... " 0 '" '" ~ ~ ~ :: ~ ~ >. >. >. ;:.., C C -a '2 0000 on on on <n €~€€ ~ ~ B ~ g; ~ ~ g; 01010101 ~ ~ ~ ] ii: ii: ii: u: u u u u ::; ::; ::; ::; ..J ..J ..J ..J X ::I: :c :I: ~ ~ (.L, ~ ~ ~ ~ M N ..J 1ZI :I: r--- ..... (--. ..... x >< >< >< 00 00 00 00 ~ ~ ~ ~ M f"'l M M ... fo- :; i= < :;; '" o [;jl>i18 o:i~ ~>,..::' "'...'" ...""l>i ~"'~ ~~~ <~fo- ...:;; Uo "'fo- 0"'''' ...~o fo-"'" _z< u- to:> Z - ~ z < fo- '" !; o I~ C> '" ... ~ i:l '" ~ u ... ~ ~ '" :> '" -' z ., '" '" > 0 ::0 ... '" ... '" ., z i;l 0 ., ::!i ::!i o ~ ~I ;;: ,. 0'" ... "' '" :> -' ... '" ., ;;: ::!i ... ~ ~I 2'i ... ... ~ ~I ::!i ~ ~I '" ~ ~I :> '" '" ~ '" '" :> ::!i u ~ g g ci 0 ~ 8 .., 0 ~ 00 :e N ::l 2; ~ >0 :;; ;:0 ~~ ~ ~I ::l 2; r.: ..0 !;; ;:0 "'8 :!;. - ~ tft tft '" <:> ~ :0 N .0 tft tft g ~ NO tft tft g <:> r-: \0 NO ., ., Z Z ., ., Z Z ., ., Z Z <:> ~ '" ~ 3 ~ '" '" ... z '" ::!i ... '" '" > 2'i . -" .n '" >- c ~ ~ ~ . i:' ..s i1 ~ . ~ '0 ~ . '0 ,:: >- '" ~ o ::, '" ., ~ 1811i ... ;::.'3 <:> <:> o N "": .., ~ 00 :e N ~ 00 .., ~ o ~ <:> o N ~ 00 '" ~ o ~ <:> o N tfi ~ on N '" 00 co co N .9 .. = 'C ~ E ;; . u . . '" -l:! ~ '" = ~ o -' e ~ " "'I" 8.:5 ",':: g o <:> ~ ci '" '" '" :!; .. N <:> <:> g ~ :;; '" g ~ o ~ tft ~ ~ tft ~ ".; tft ~ ~ N ;; <:! ~ 3 00 8 N '" 3 8 <:! ~ 3 .., '" ... ::!i >< .., .., .., g o <:> ~ ci 8gg2!~888f;; g~~r:J~ogg~ ",,~\O.....MS("1N~ <:"'i.n.n.nti.,) ~ :g '" :!; .. N :;a~:=:~~q:::~; ~~~~~A~~~~ ~'~~~~:fal~:d' co <:> ,,; <:> ~ ~. '" '" 8888:q88 o.novioog S~~~~S~O. ~~gg88~ N -< . . <:> .., <:> ~ g .. N \0. "';00 8.8: 8 o 8 g 888888888 ~~~~~~~~~ ~ ~ f~ ~ ~ g ~ ~ . N N"'; . . . . . ~ ~ ~,~ ~ ~ ~ ~ ~ ~,~ 8 ~ 8 \0 ~ ~,N M M 0 ..i..j..t vi vi vi vi vi o.ri tft tft ~ ~ ~ ~ 1fi.1fi~ti2.ti2.ti2.Cl'i::Ifiti2. ~~~~8~~~8 \0 ~ ~ N M ~ ~ N 0 ..j..j ~<.,.j vi vi vi vi vi ti2. ~ ti2.iti2. ti2. ~ ~ ~ Ifi ~~~~~~~~8 ..t..t"'; on"'; vi vi vi on tfi N - '" f'"l fI"l (<') ('<") f'"l 1"'1:::l r<)::: 000000000 N~~~~~~~~ ~~~~:e~~ee ~:g~b8~~S8 N - ~ .9 .. .9 . = 'il E OO~OOO'lO\O\ 0\00 8 ~ 88 8 8 8 8 ~ M ~ ~ ~ ~ < ~ ~ ~ ~ \0 ~ \0 ~ Z 00 - - - t:! ~ s: S?:s ~ ~ ~'o;:; S .:5 ~ ~ u . rl: 00 00 00 00 00 00 00 00 00 8 8 88 8 8 8 8 8 ~ N ~ ~ ~ ~ ~ ~ ~ ~~~It"l\C~8gsgs ~ ~ ~ 8 8 ~ ~ 8 8 ~~8r-~~~("1~ N C ~,~ ~ ~ ~ = ~ r- ~ r- 0\ r- r- = r- 0\ X ~ ~ ~ ~ ~ \0 ~ ~ OOf"'}OO:;:NNO \0 ~ ~ ~,f'"l ~ ~ ~ ~ ~ = ~ e ~ 0. 0. !l e- '" o "<s.e:Oo< U ILlUUZUILl ~ ~ ~ :;r CI) CI)!l CI) ~ :!1 ~ ~ ~:i:i f!:i ~ aaa~aa8.a~ .'3 .'3 .'311 .'3 .'3 .5 .'3 eee.geeEel o 0 0 ~ 0 0 ILl 0 ~ ~ ~ ~ z ~ ~ ~ ~ z ~ffff:!~"2Cil sli ~ ~ ~ ~ ~ ~ ~ j N ~ ~ ~.~ ~ ~ ~ ~_ N .. ~ ~ ~ ~ .., .., ~ N r: 0 ~ g 00 :i: i, ..; '" iO 00 0\ :!; <:> ;:!; r: ~ -.i 00 <:> '" ~ .., r: .,; :; 2; o M .., '" 8 ~ o ('t'\ :I i2 .,; .,; ~ 8 ::: r;:f '" tfi ~ ... ~ ... - ~ .9 .. = 'C = 'il E ~ = . u . . '" 00 s: .., S 10 " o "- Oil . ~ ~ E " 'fl .l: !!l :S tfi co co .; co - . e ~ . ~ II " '" ~ of! ;g ';;; u '8 ~ E e II " '" >- '8 . '" 0 = . u . >- i3 ~ o ::!i '8 i;' . ~ 1 o u .e '" = ~ . > .5 .~ '8 " '" ;;: s .::: 2 ... ~ o ... ~ . z ~ o -l:! ~ '" ~ " > . -" ~ ::!i " .E . e ;;: '" . . .!! ~ o . ~ ~ " > J;l ~ " s . i3 . " g. . . ~ " .; C> tft ~ ~ ri '" ., '" ,. z 51 ... ~ C> Z "' :> .... ., ::!i o :l o '" ... '" it '" o '" C> ., ... z '" u ill '" tft ~ ~ '" '" ~ '" ... z 51 ... ~ '" -' " :S -' ., u '" o C> z ~ .... ., ::!i o :l o '" ... '" o '" '" o '" C> ., ... z '" u '" '" '" <:> <:> ~ 8 <:>. ;;; '" -' ., ... o ... '" -' '" ., -' -' ., u Agenda Item No.5 Page 8 of 11 ~ 8 8 ~ ~ ~ ~ ~ 8 8 .... 8 :8 :8 8 8 8 8 8 :8 ~ 0 0 0 0 0 0 0 0 '" g g 0 ~ g ~ g g g g 0 8 u M M ;;; ~ ~ ~ ~ ~ ~ ~ ~ ~ ...l ...l f;l;l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -( ...l .... ~ N ~ N N ~ ~ ~ N .... -< -< ~ ~ ~ '0 ;;0 S S Vi 0 3 ~ e e 0 u ~ N '0 ~ N .... 0 0 0 0 0 ES ...:i '" '" '" '" '" '" '" '" '" ~ ...:i ~ ~ 0 0 0 g 0 8 ~ -< (<l ~ ~ ~ ~ ~ ...:i ~ ~ "! N M ~ U ~ -.i -.i -.i ~ .,.; .,.; .,.; .,.; 0 ;.. .... .... - '" '" '" '" '" '" '" '" '" ~ ~ 8 ~ 0 0 0 g 0 8 ~ (<l ~ ~ ~ ~ ~ ...:i ~ ~ "! N M f;l;l .,.; -.i -.i -.i ~ .,.; .,.; .,.; .,.; - -< ;.. :.J z 0 '" '" '" '" '" '" '" '" '" 1'0 ~ ~ 0 0 0 ~ 0 8 ~ N ~ ~ ~ ~ ~ ~ ., >D ~ ~ "! "! M 00 0 ~ -.i -.i -.i ~ ~ ~ .,.; .,.; ~ = U 0 = ~ ~ ;.. Z ~ .... ... ...:l .... - f;l;l N M M M M :: M M :: ~ p l"l ~ .... 0 0 0 :; 0 0 0 0 0 ...:l -< ~ ~ N N ~ ~ ~ N ~ ~ ~ ... ~ N 0; '0 ~ ~ ~ '0 ~ ~ -< ~ 3 '0 N e e - e ~ ~ >D '0 ~ ~ ~ ~ ~ ~ :.J 0 0 0 0 0 0 0 0 = ~ U 0 fol < ~ Eo-< '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ...:l -< !:l 0 0 0 0 0 0 0 0 0 ...:l U := 0 0 0 0 0 0 0 0 0 ~ N ~ ~ ~ ~ ~ N N ~ ...:l 0 u -< ~ ~ ~ >D ~ ~ ~ '0 Vi 0 < ~ ~ 3 N e e e >D >D '0 ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 .... U 0 1'0 Eo-< ~ ~ M >D ~ ~ ~ >D ~ ... c => ~ " ~ f- ~ ~ .. U < ... '" f- N >- :r: => >< ...l '" ~ <= ::;! ~ '" ~ ~ ~ ~ ~ ~ '" :;;: >< >< >< >< >< u. u. >< >< ;, ~ ~ ~ >D >D ~ ~ u => ~ ~ ~ ~ ~ :: ~ ~ ~ :: :: z ~ ~ M ~ ~ ~ ~ ~ ~ '" ~ f;l;l 0 :.J ~ u '" '" u -( -( u u fol ::;! ...l ...l ::a ::;! ::a ::;! ::;! .... :r: ...l '" '" ...l Z Z ...l ...l 1'0 '" u. '" u. u. g: u. u. :r: :r: ;.. f;l;l u. u. u. .... :> z - ::l ::l ::l ::l ...l ...l ...l ...l . . . . " " " " 0 .; .; .; 0 0 .; 0 z .~ oS oS oS E .~ oS .~ 0 . " '" '" '" '" '" '" '" - " " ;; ! '5 ~ ;; .... 5 ~ i! '" " ., 5 . . ~ 5 .... .. ::;! ::;! ::;! ::;! .. - " .. ] .. >. " " .. " > > > > .... oS ., .g " oS oS ., oS '" 0 0 ] 0 0 B B B g 0 B 0 Z iii = iii - Q. "- "- '" . . "- '" " . . = '" '" . '" c .~ ~ i . = = .~ = 0 f!' 0 0 0 .5 0 .a .a .a Agenda Item No.5 => u 0 u ::;! => => 0 => Page 9 of 11 CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF OCTOBER 31, 2008 DESCRIPTION U.S. Treasury Bills CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF OCTOBER 31, 2008 0.00% U.S. Treasury Notes 0.00% Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC 0.00% 0.00% 0.00% 15.60% 6.25% 12.54% Banker's Acceptances 0.00% Certificates of Deposit 0.00% Negotiable Certificates of Deposits 0.00% Commercial Paper 0.00% Medium Term Corporate Notes 2.97% Repurchase Agreements 0.00% Reverse Repurchase Agreements 0.00% LAIF (Local Agency Investment Fund) Current Balance 59.20% Bank of New York - Trust Sweep Account Current Balance 3.43% TOTAL 100.00% % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 62.57% 96.87% MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40.00% 25.00% 30.00% 15.00% 30.00% UNLIMITED 20.00% UNLIMITED $ 18,969,577.83 UNLIMITED $ 1,100,616.04 no less than 25% Note: Local agencies are only eligible to purchase medium term corporate notes that have a rating of "A" or better by both Moody's Investors Service, Inc., and Standard and Poor's Corporation. If a security falls below "A" by both rating agencies, then the Director of Administrative Services will evaluate the need to sell the security prior to maturity. The Bank of New York Mellon medium term corporate note purchased by the City has a Moody's rating of "Aa2" and a Standard and Poor's rating of "AA-e." Agenda Item No.5 Page 10 of 11 MONTH July 2005 August 2005 September 2005 October 2005 November 2005 December 2005 January 2006 February 2006 March 2006 April 2006 May 2006 June 2006 July 2006 August 2006 September 2006 October 2006 November 2006 December 2006 January 2007 February 2007 March 2007 April 2007 May 2007 June 2007 July 2007 August 2007 September 2007 October 2007 November 2007 December 2007 January 2008 February 2008 March 2008 April 2008 May 2008 June 2008 July 2008 August 2008 September 2008 October 2008 AVERAGE CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH OCTOBER 2008 (INCEPTION TO DATE) FFCB 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% % OF PORTFOLIO BY AGENCY FHLB FHLMC FNMA 0.00% 0.00% 0.00% 0.00% 3.33% 0.00% 6.23% 3.12% 0.00% 14.23% 2.85% 0.00% 18.82% 2.69% 0.00% 22.92% 2.86% 0.00% 20.74% 2.59% 0.00% 21.01 % 2.62% 0.00% 20.49% 2.55% 0.00% 20.59% 2.57% 0.00% 19.94% 2.49% 5.02% 24.91% 1.91% 3.85% 25.26% 1.93% 3.90% 28.57% 2.19% 4.41% 26.17% 2.37% 4.77% 26.26% 2.38% 4.79% 24.69% 2.46% 0.00% 28.04% 2.54% 0.00% 27.59% 2.12% 0.00% 26.60% 2.21% 0.00% 32.82% 4.68% 0.00% 30.05% 4.73% 0.00% 31.17% 4.80% 0.00% 36.37% 4.28% 0.00% 36.07% 4.25% 0.00% 41.34% 2.43% 0.00% 39.24% 0.00% 0.00% 31.02% 0.00% 0.00% 29.61% 0.00% 0.00% 28.06% 0.00% 0.00% 16.79% 0.00% 0.00% 11.72% 0.00% 0.00% 11.72% 0.00% 0.00% 9.66% 0.00% 0.00% ,9.20% 0.00% 0.00% 12.36% 2.06% 0.00% 13.06% 6.55% 4.36% 15.60% 10.42% 5.20% 13.54% 10.85% 5.40% 15.60% 12.54% 6.25% 0.00% 21.70% 2.88% 1.20% TOTAL % OF PORTFOLIO IN FEDERAL AGENCIES 0.00% 3.33% 9.35% 17.08% 21.51% 25.78% 23.33% 23.63% 23.04% 23.16% 27.45% 30.67% 31.09% 35.17% 33.31% 33.43% 27.15% 30.58% 29.71% 28.81% 37.50% 34.78% 35.97% 40.65% 40.32% 43.77% 39.24% 31.02% 29.61% 28.06% 16.79% 11.72% 11.72% 9.66% 9.20% 14.42% 23.97% 31.22% 29.79% 34.39% 25.78% Agenda Item No.5 Page 11 of 11 CITY OF ~ LAI(f: 6LSiNORJ: , , ~V: DREAM EXTREME FROM: REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER NOVEMBER 25, 2008 TO: DATE: SUBJECT: CLAIM AGAINST THE CITY Backaround Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators. When received, each claim is logged in the City Clerk's Office and forwarded to this company for investigation. After initial review and investigation, direction is issued to the City to take one of several actions such as rejection, notification of late claim or reservation of action until further information is obtained. Discussion The following claim has been recommended for rejection by Carl Warren & Company: CL# 2008-29 - Heirs of Jason Peters FiscallmDact None. Recommendation Reject the claim listed above and direct the City Clerk's Office to send a letter informing the claimant of the decision. Agenda Item No.6 Page 1 of 6 Claim Against the City November 25, 2008 Page 2 Reviewed by: Jessica Guzman S4:f) Office Specialist v~. Carol Cowley "1\~ ) Interim City Clerk\)r Robert A. Brady nM1 City Manager tW Prepared by: Approved by: Agenda Item No.6 Page 2 of 6 ~ November II, 2008 TO: The City of Lake Elsinore ATIENTION: Jessica Guzman, Office Specialist RE: Claim Claimant D/Event Rec'd Y/Office Our File Heirs of Jason Peters vs. The City of Lake Elsinore Heirs of Jason Peters 5/5/2008 11/3/2008 S-1486313-CKQ 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 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.O.Box25180.SantaAna.Ca 92799-5180 Phone: (714) 572-5200 . (800) 572-6900. Fax: (714) 961-8131 Agenda Item NO.6 Page.3 of 6 CITY OF ~~ LAKE ,5,LS i NOR[: ~ DREAM EjTREME .- November 3, 2008 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799-5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on November 3, 2008 from Charl ene Peter(CL #2008-29). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674-3124 ex!. 269. ~ JESSI A GUZMAN, FFIC CITY OF LAKE ELSINORE Enclosure 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW.LAKE-ElS'NORE,ORG Agenda Item No.6 Page 4 of 6 11/83/2888 15:16 31885~428 1l/OJ/ZOOO HON 14, JJ PAX LA"! OFFICES PAGE !::I'~' I !'1.1 I<lio J li:', CITY OF ~ LAKJ 6LSINORJ \ I V DREAM EjTREME. CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages 10 Persons or Personal Property) n_._..~;;. .................~.\_._.nmn___. Receivedb~~ ~ City Repres0 IVe A claim must M filed with the City Clo(/( of lh~ City (If Lake Elsinore within sj>; (5) rnontM <\fter the Incldem or event occurred, Be ~ure your c/,,1111 j,~ agllin~t (he City of l.~ke: F.1~jnore., not l;lnQlher public entity, Whele Sf;I::JC0 j.o; insufficlemt, pll11ase use <ldditional p.:tpcr <111(1 id~nUfy in(orrn~lion by par<:lgraph number. Completer;! cl:)ims ml.I~t be rnllilp,o Of delivered 10 the City Cleek, City of lske Elsinore. 130 Goulh MClin SlrMt. Lake El~inor~, CA 92530. Tjme/rpr~ED NOV 0 3 2008 j CITY CLERKS OFFICE Tile undersigned respectfully submits the following claim and Information rel8tive to damage to pel sons 8nd/oc personal property: ( r 1. Name of Claimant<f) I,IJ I a, Address of Claimant: b. PhoneNO,~)___ d. Social Security NO.___ at! Pe.~(rof\1iJky~s ",,) ~_ (rJO'i)h!'I/, C. Date of Birth e, Drivers Lie. NO._______. 2, Name, post office address and telephone to which claimant desires notices 10 be senl, jf olher than the above __t1bo5l...(~ C' fA fkc if';.J- 3, Occurrence or event from which lhls claim arises: a, Date: .sf s-I Og c, Place (Exact and specific location) La f:.-€. 'i/)r"illj V""-e.. b. Time I : Y 7 q' /r\ riNd x.:=C~C11 Road I L~k , d, How many and uncler what circumstances did damage or Injury occlIr? Specify the partlclIlar occurrences, event, act or omission YOll c.l09im caused t~ injury or damage (use aejClitrol1C11 paper if necessary) .j:a So l', C/~1 (ttr~ s \.. fJ'?..Bu#' 7 h_a hr ) w~S /:::;j).ed in 0':1'\ (A lA.inJ:r::ob/1i r<l'cocl"-1r--f(-oC\ Sq,'ct dn,P.~d..cb~<;-Juk.. tu rfl::f\Jh.s~kroQ. Jr1.eSlql1(h,<Ldx.~r:J-QJ; {tY' r",u;L,.. ot(fLrJ-vQ..l~ I<JA,'c!" ~'UV- '} M a/""u.J- JC;~t\ ~~,S c/'f"o,g,~ &"'rd)~r.,v s CAr;J,.~!,c~1'\ of pIPI;;/' c. 1 e. What particlIla,r action by the City of its emfloyees, caused Il1e alieged damage or injury') / ~4J.~J:!e~/~'.} O/<Q.lhm cr.f' r",a.ddNf ^ a.0P\e.J;cl(d'~.':'IfJP5,/ /__ 16~~f (,.(",lt/~1 rIr1<>~~ Curt/cqure olr1Jo.~ Ddr/r IrP'j, he;;:' ,'-::;;'-; oJl"-{(JJd((JJY> /j:6orr,'erJr;!;...:.----r""fn~ {)\<-~d"spl<A ce~"',f fd\S'~'" ~~, (1.0 /'" . ~LLC..J ph'''' -rr>e-€ r /100.0' ~rtd\ifi m'~9' qi,. I (J()(],JdfiJ,k r;,~ ,j.,fnl::P!IV~""'-'j rekrkr:J..U-i' ?0'~ ge50f6 6 aLLra rQr! ~ - l n~d~ '" ,^"--T'" 11/83/2888 15:15 31885f'5428 LAVI OFFICES PAGE en: I;I~ [ljQ04:/Q02 1110312008 MaN 14,33 FAX 5. Were there any injuries at the time of this aCCIdent? If not, state 'No Injuries.' ~~s~" ~lts--J' WOS kr'/lrti ~ 1~sJ'(C;c. G-wuS rrjwf'd kv.v-!rU!j Give the name{s) of the public employee(s) causing the injury, damage, or loss, if known V",bAovn 6i iJ(Q~ ' ".'- , 4, G. Name and address of any person injured: CZJ -p-J'<:>1"\ C(~ PRko ~ Name and address of the owner of any damaged property: (j)~1r(J-/1./(\)Jv-.f'\ ?~.~?J OW! C(~)<- tnf/(l~k..rrJ,,91-';f(4 @_G.i)oILo.l= illl'/lOL~ rj).fo~(" CQ!,-Iorh,'c. &;,IS'd/'1 0--e'syca.. ~M/f e,J C; S . --. ~- 7, 8, Damages claimed: e, Amount claimed as oftl1is date: $1'\!.!'U11~lUi6~ Jq(!r7rt7 b, Estimated amount of future costs: $ ~~ Costs; c. Total amount claimed: $ ~~ (fll) )'\}I\ d'oJior) d. Basis for computation of amounts claimed (include copies of all bills, inVOices, estimates. elc ; \,J(<1^Qfu,i Ot',J{o~ a ~\J.f~~r__li Yl--'iQ.()~~tlLck,0~r \Q J I ru-J '6 g, Nall1es and addresses of all wllnesses, 110spltal, doctors, ete: a, JFTr:/('C' (v,,9Na( WQS d(,w~J4',!_~.b''--:.~ b. Jv'0 \-, Cl ~ p / ~ ISM b (JJ c.dt, r 5 G- S jc1S q)'n R:~.(' IvJGS ckO'C1 ot.s Cvv... c, 10. Any additional information that might i;>e helpful ~ con idering this claim ~ '/' /'k~rr>'ll-' I/Rp ,s' \ I , J--" ~L,,:)'-p t>/I!~,I:-. v J C,,- rI\Ct~()for .~I\tp t' {./IJ'~{)lrk (p~~}_J.v.....X1~f,:ft "_du~ LJ~tc.J, /5 ;"SkJ.rz5~G(#-- 8 7 { . 90;: rf~~t'~~~61okJilYxJZ~J:l~- .1h~{Q,p:' r1dYcrJ Warning. It i a criminal offense to tria a false claim! (Penal Code 72/lnsurance Code 566,1) I have read the matters and statements made in the above claim and I know tile S8me 1.0 be true 01 my own k~wledge, e ept as to tl10se matlers state upon infonT1atlon 01 belief as 10 sucl1malt81s IIJclle e (~sre to be tr e certify under penalty of perjury that tile foregoing is true and correct I,~~ LU::---' M VG-rV\~Q.(_ 3 r Z<l(j y ,~t', Sign8 u -_, Date Agenda Item No.6 Page 6 of 6 CITY OF ~ LAKE 6LSINORB , I V DREAM EXTREME. REPORT TO THE CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: CALTRANS COOPERATIVE AGREEMENT FOR 1-15/RAILROAD CANYON ROAD INTERCHANGE IMPROVEMENTS Backqround The interchange improvement project at 1-15/Railroad Canyon Road was born from the need to improve the level of service for traffic at that location. Staff has been working through the CAL TRANS project review process to develop an interchange configuration . that is efficient in conveying traffic and minimizes the impacts to local property owners. There are four basic steps to the CAL TRANS review process; the project study report, project report, the project approval and environmental clearance and approval of the construction documents. With the processing of these steps, CAL TRANS requires an agreement to identify the goals and responsibilities of the participating agencies. This agreement encompasses the project approval and environmental clearance, the project report and the construction document development phases. The environmental clearance phase includes all studies required to identify impacts and mitigations of the interchange improvements. Additionally, the project report will identify the specific features of the proposed improvements and quantify the benefits of each. Discussion As a matter of administrative procedure, City staff is processing this Co-operative agreement between the City of Lake Elsinore and CAL TRANS to clarify the expectations and responsibilities of each agency. This interchange improvement project has completed the project study report phase which identifies a variety of potential interchange improvements and their respective benefits and costs. This agreement will cover the remaining steps including the Project Report, Project Approval Agenda Item No.7 Page 1 of 15 Railroad Canyon Rd Co-op Agreement November 25, 2008 Page 2 and Environmental Clearance and finally the processing of the Plans, Specifications and Estimates. The agreement has been reviewed by the City Attorney's office and no issues were found. Fiscal Impact The project is budgeted for approximately $800,000 for these phases of work as approved in the 2008/2009 Capital Improvement Program. Recommendation Authorize the Mayor to enter into a Cooperative Agreement with CAL TRANS for the Project Report, Project Approval and Environmental Document and Plans, Specification and Estimate phases of the 1-15/Railroad Canyon Road Interchange Improvement Project.. Prepared by: Ken A. Seumalo -e8 ~ l~ Director of Public Works Approved by: Robert A. Brady City Manager Attachment: Vicinity Map Agreement Agenda Item No.7 Page 2 of 15 I i I I . i I I 1 'tr ):: ,'--r- ~~ -f ~~~ -/B ?~~ 'c ~'-C: -::i. \--R ;::.<::';:>;.( f--_/' J / -' . ~ -: :11 ~i II 4 I " - II ,1 I' .! tW I: " , , " ~ (; '" "" ~ U .~ . :tK C ,/"0 F ~/ i.1i~!I11 . III~~< ~ ; i- ~ 'b ~,' '",' I,-I._ (!' ~~ m ! J.illY .dIlIH:::t:: ~ IJI:L ~ ~ .If. jL~1 ' ~ ~~ PROJECT A~EA I '1 ; ",'...11111 'iT 1 f'J. "'!O' ' C'i L, r-. t:; - . F'., ,e; 0"111::0 H ~ : \;.:fti' :: "'--.. . I . __...... I'; / ~ . . . . . ~ ..' .. .", ..""'- .. I ..~ ~ I~"''''= : / )~~...., .....""."'" J> :,/ :....,-;..~.,.-.. ~ -'.'- e,-. ." ~.w '. ...... tt/i:~.".~ .. . if ..., ~\Io,,-'<'. <~ :.;;.th~(.k'n..~... il. "~~->:,,- :"V-:f'~~ ."':: /~~~.~~ ..; Oclhoo ~. ...... . --'1-:' -. ......... f 4tf\ '" '- '-.-'t \ .'" " . ~n. , / t: VbC 1,1 ~ '- w tflrr1'I~\;:::: ~~'A ~7 ~':;!; I/'ill/ ." ~Hr ../. ~~ I!IIIIY- /' ----- ~:!(,~ ~II ~~ '- "'. I r"Jii:;'J/&;!!..~:JlliWJWU ~ " -- )r~?di ';ZWS .~ ~ .... ( :j'ft--f I- ~~-1 , ~fh ~~ ~- , /-- 't!!RrJ fjJ ::A)' '/111 ~ UJTIII\\)I .. k1&~ ~ \ ~?'- .. ~/ 1 ~~~. ~ -, "C; ,~ ~-- ), ,(l\ -i ;( , ~ ~\==->~ '\~\ '\ ~ '" - Nru~WR 1::0' .J ,\~-U"'~ \~ ~ .f-. -,_ ::,; r--1 \ ~ ~ ~ ~; r::s ~ \' _ . TELe:\'f!lil 1\\ d~ ~\\ "-~ ~~~\\I\\\~ ~~~\~J 1'----1 ii~. ~-- ~ ! H I I 1 II \ \---\---0\ 'f:l\ y..... .f- '-l. / ,,- -". fll III III I III III III i --- ===- ~I I -,. ,- -- ~-4!!.I.F;f{ST OO.OZti05 0.1 Miles \ --=:::._--~::- ~ LAK.E QLSiN.ORj: ~ DREAM E)lTREME City Of Lake Elsinore 130 $. Main SI. lake Elsinore, CA 92530 (951) 674-3124 www.lake-elsinore.org RAILROAD CANYON ROAD/I-i5 PROJECT REPORT PROJECT 10 NUMBER: TRF-0011 PROJECT NUMBER: 4227 Prepared By: Lake Elsinore GIS April, 2007 Data Sources: Riverside County GIS City of lake Elsinore GIS Agenda''ftijffief:iJ'6''.'7 District Agreement No. 8-1416 B1it.~ 08-Riv-15-PM 16.5/21.0 1-15/Railraod Canyon Road Reconstruct Interchange EA OA4400 District Agreement No. 8-1416 PROJECT DEVELOPMENT COOPERATIVE AGREEMENT This AGREEMENT, entered into effective on , 2008, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the CITY OF LAKE ELSINORE, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) within CITY's jurisdiction. 2. CITY desires the reconstruction ofInterstate 15 (I-15)/Railroad Canyon Road Interchange and other roadway improvements, in the City of Lake Elsinore, referred to herein as "PROJECT." 3. CITY is willing to fund one hundred percent (100%) of all capital outlay and support costs, except that the costs of STATE's Independent Quality Assurance (IQA) of PROJECT Project Approval and Environmental Document (P A&ED), Plans, Specifications and Estimates (PS&E) and right of way activities, all hereinafter referred to as PROJECT DEVELOPMENT, and STATE's costs incurred as the California Environmental Quality Act (CEQA) Lead Agency and National Environmental Policy Act (NEP A) Lead Agency, if applicable, in the review, comment and approval, if appropriate, of the PROJECT environmental documentation prepared entirely by CITY, will be borne by STATE. 4. STATE funds will not be used to finance any of the PROJECT DEVELOPMENT capital and support costs except as set forth in this Agreement. 5. The terms of this Agreement shall supersede any inconsistent terms of any prior Memorandum of Understanding (MOU) or agreement relating to PROJECT. 1 Agenda Item No. 7 Page 4 of 15 District Agreement No. 8-1416 6. PROJECT landscape maintenance and construction phases will be the subject of a separate future agreement or agreements. 7. This Agreement will define the roles and responsibilities of the CEQA Lead Agency and CEQA Responsible Agency regarding the environmental documentation, studies, and reports necessary for compliance with CEQA. This Agreement will also define roles and responsibilities for compliance with NEP A, if applicable. 8. The parties now define herein below the terms and conditions under which PROJECT is to be developed, designed, and financed. SECTION I CITY AGREES: 1. To fund one hundred percent (100%) of all PROJECT DEVELOPMENT capital and support costs except for costs of STATE's IQA and STATE's review, comment and approval if appropriate, of the PROJECT environmental documentation for CEQA, and NEP A if applicable. If it becomes necessary to obtain additional funds to complete PROJECT, these additional funds will be provided by CITY using a funding source other than STATE funds. 2. To not use STATE funds for any PROJECT capital and support costs. 3. All PROJECT work performed by CITY, or performed on CITY's behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that STATE would normally follow. All such PROJECT work shall be submitted to STATE for STATE's review, comment, and concurrence at appropriate stages of development. 4. All PROJECT work, except as set forth in this Agreement, is to be performed by CITY. Should CITY request that STATE perform any portion of PROJECT work, except as otherwise set forth in this Agreement, CITY shall first agree to reimburse STATE for such work pursuant to an amendment to this Agreement or a separate executed agreement. 5. To have a Project Report (PR) and detailed PS&E prepared, at no cost to STATE, and to submit each to STATE for STATE's review and concurrence at appropriate stages of development. The PR and the final PS&E for PROJECT shall be signed on behalf of CITY by a Civil Engineer registered in the State of California. CITY agrees to provide landscape plans prepared and signed by a licensed California Landscape Architect. 6. To have all necessary right of way maps and documents used to acquire right of way by CITY prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each right of way map and document shall bear the 2 Agenda Item No.7 Page 5 of 15 District Agreement No. 8-1416 appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in Responsible Charge of Work. 7. To permit STATE to monitor, participate, and oversee selection of personnel who will prepare the PR, prepare environmental documentation, including the investigative studies and technical environmental reports, prepare the PS&E, provide right of way engineering services, and provide right of way acquisition services for PROJECT. CITY agrees to consider any request by STATE to avoid a contract award or to discontinue services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform, and/or other pertinent criteria. 8. To submit to STATE for review, comment, concurrence, and/or approval of all Right of Way Engineering Land-Net Maps and Right of Way Appraisal Maps, Records of Survey, and Right of Way Record Maps all prepared in accordance with STATE's Right of Way Manual, Chapter 6, Right of Way Engineering, STATE's Plans Preparation Manual, STATE's Surveys Manual, applicable State laws, and other pertinent reference materials and examples as provided by STATE. 9. Personnel who prepare the preliminary engineering and environmental documentation, including investigative studies and technical environmental reports, shall be made available to STATE, at no cost to STATE, through completion of PROJECT construction to discuss problems which may arise during PS&E, Right of Way, and Construction phases of the PROJECT, and/or to make design revisions for contract change orders. 10. Personnel who prepare right of way maps, documents, and related materials shall be made available to STATE, at no cost to STATE, during and after construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps, Records of Survey, and title to any property intended to be transferred to STATE. II. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto SHS right of way to perform required PROJECT DEVELOPMENT work as more specifically defined elsewhere in this Agreement. CITY shall also require CITY's consultants and contractors to make written application to STATE for the same necessary encroachment permits. 12. To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. All utility facilities not relocated or removed in advance of construction shall be identified on the PS&E for PROJECT. 13. If any existing utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their timely accommodation, protection, relocation, or removal. The costs for the PROJECT's positive identification and location, protection, relocation, or removal of utility facilities whether inside or outside STATE's right of way shall be 3 Agenda Item NO.7 Page 6 of 15 District Agreement No. 8-1416 determined in accordance with Federal and California laws and regulations, and STATE's policies and procedures, standards, practices, and applicable agreements including, but not limited to, Freeway Master Contracts. 14. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the SHS right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the PS&E for said contract. This evidence shall include a reference to all required SHS encroachment permits. IS. To acquire and furnish all right of way, ifany, outside ofthe existing SHS right of way and to perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's IQA to ensure that the completed work and title to property acquired for PROJECT is acceptable for incorporation into the SHS right of way. 16. To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's District Division Chief of Right of Way, in all matters related to the acquisition of right of way in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency, or a qualified consultant, are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 17. To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review, comment, concurrence, and/or approval by STATE prior to the advertisement for bids for the contract to construct PROJECT. 18. To deliver to STATE legal title to the right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the SHS facility. Acceptance of said title by STATE is subject to a review ofa Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. 19. To be responsible for, and to the STATE's satisfaction, the investigation of potential hazardous material sites within and outside of the existing SHS right of way that could impact PROJECT as part of performing any preliminary engineering work. If CITY discovers hazardous material or contamination within the PROJECT study area during said investigation, CITY shall immediately notify STATE. 20. If CITY desires to have STATE advertise, award, and administer the construction contract for PROJECT, CITY shall provide STATE with acceptable plans in a format acceptable to STATE. Reimbursement to ST ATE for costs incurred by STATE to 4 Agenda Item NO.7 Page 7 of 15 District Agreement No. 8-1416 advertise, award, and administer the construction contract for PROJECT will be covered in the separate Cooperative Agreement. 21. All aerial photography and photograrnmetric mapping shall conform to STATE's current standards. 22. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, all information and materials listed in the document "Materials Needed to Review Consultant Photogrammetric Mapping" shall be delivered to STATE and shall become property of STATE. 23. All original recorded land title documents created by PROJECT shall be delivered to STATE and become property of STATE. 24. To submit to STATE a list of STATE horizontal and vertical control monuments which will be used to control surveying activities for PROJECT. SECTION II STATE AGREES: 1. At no cost to CITY, to complete STATE's review, comment and approval, if appropriate, as the CEQA Lead Agency and NEP A Lead Agency, if applicable, of the environmental documentation prepared entirely by CITY and to provide IQA of all CITY PROJECT DEVELOPMENT work necessary for completion of the PR and PS&E for PROJECT done by CITY, including, but not limited to, investigation of potential hazardous material sites and all right of way activities undertaken by CITY or its designee, and provide prompt reviews, comments, concurrence, and/or approvals as appropriate, of submittals by CITY, while cooperating in timely processing of documents necessary for completion of the environmental documentation, PR, and PS&E for PROJECT. 2. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the SHS right of way as more specifically defined elsewhere in this Agreement. 5 Agenda Item No. 7 Page 8 of 15 District Agreement No. 8-1416 SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority and the allocation of funds by the California Transportation Commission (CTC). 2. The parties to this Agreement understand and agree that STATE's IQA is defined as providing ST ATE policy and procedural guidance through to completion of the PROJECT preliminary engineering, PS&E, and right of way phases administered by CITY. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into the PROJECT by CITY conform with then existing STATE standards. IQA does not include any PROJECT related work deemed necessary to actually develop and deliver the PROJECT, nor does it involve any validation to verify and recheck any work performed by CITY and/or its consultants or contractors and no liability will be assignable to STATE, its officers and employees by CITY under the terms of this Agreement or by third parties by reason of STATE's IQA activities. All work performed by STATE that is not direct IQA shall be chargeable against PROJECT funds as a service for which STATE will invoice its actual costs and CITY will payor authorize STATE to reimburse itself from then available PROJECT funds pursuant to an amendment to this Agreement authorizing such services to be performed by STATE. 3. The Project Study Report (PSR) for PROJECT, approved on September 5, 2003, is by this reference, made an express part of this Agreement. If there is a conflict of terms between the PSR and this Agreement, the terms of this Agreement shall prevail. 4. The basic design features shall comply with those addressed in the approved PSR, unless modified as required for completion of the PROJECT's environmental documentation and/or if applicable, requested by the Federal Highway Administration (FHW A). 5. The design, right of way acquisition, and preparation of environmental documentation and related investigative studies and technical environmental reports for PROJECT shall be performed in accordance with all applicable Federal and STATE standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be considered by STATE for approval via the processes outlined in STATE's Highway Design Manual and appropriate memoranda and design bulletins published by ST ATE. In the event that ST ATE proposes and/or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards." STATE shall consult with CITY in a timely manner regarding the effect of proposed and/or required changes on PROJECT. 6 Agenda Item No.7 Page 9 of 15 District Agreement No. 8-1416 6. STATE will be the CEQA Lead Agency and CITY will be a CEQA Responsible Agency. STATE will be the NEP A Lead Agency, if applicable. CITY will assess PROJECT impacts on the environment and CITY will prepare the appropriate level of environmental documentation and necessary associated supporting investigative studies and technical environmental reports in order to meet the requirements of CEQA and if applicable, NEP A. CITY will submit to STATE all investigative studies and technical environmental reports for STATE's review, comment, and approval. The environmental document and/or categorical exemption/exclusion determination, including the administrative draft, draft, administrative final, and final environmental documentation, as applicable, will require STATE's review, comment, and approval prior to public availability. If, during preparation of preliminary engineering, preparation of the PS&E, performance of right of way activities, or performance of PROJECT construction, new information is obtained which requires the preparation of additional environmental documentation to comply with CEQA and if applicable, NEP A, this Agreement will be amended to include completion of those additional tasks by CITY. 7. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or approvals from appropriate regulatory agencies, unless the parties agree otherwise in writing. If STATE agrees in writing to obtain said PROJECT permits, agreements, and/or approvals, those said costs shall be paid by CITY, as a PROJECT cost. 8. CITY shall be fully responsible for complying with and implementing any and all environmental commitments set forth in the environmental documentation, permit(s), agreement(s) and/or environmental approvals for PROJECT. The costs of said compliance and implementation shall be a PROJECT cost. 9. If there is a legal challenge to the environmental documentation, including supporting investigative studies and/or technical environmental report(s), permit(s), agreement(s), environmental commitments and/or environmental approval(s) for PROJECT, all legal costs associated with those said legal challenges shall be a PROJECT cost. 10. CITY, subject to STATE's priorreview and approval, as a PROJECT cost, shall be responsible for preparing, submitting, publicizing and circulating all public notices related to the CEQA environmental process and if applicable, the NEP A environmental process, including, but not limited to, notice( s) of availability of the environmental document and/or determinations and notices of public hearings. Public notices shall comply with all State and Federal laws, regulations, policies and procedures. ST ATE will work with the appropriate Federal agency to publish notices in the Federal Register, if applicable. STATE, as a PROJECT cost, shall be responsible for overseeing the planning, scheduling and holding of all public meetings/hearings related to the CEQA environmental process and if applicable, the NEP A environmental process. CITY, to the satisfaction of STATE and subject to all of STATE's and FHWA's policies and procedures, shall be responsible 7 Agenda Item No. 7 Page 10 of 15 District Agreement No. 8-]416 for performing the planning, scheduling and details of holding all public meetings/hearings related to the CEQA environmental process and if applicable, the NEP A environmental process. STATE will participate as CEQA Lead Agency and if applicable, the NEP A Lead Agency, in all public meetings/hearings related to the CEQA environmental process and if applicable, the NEP A environmental process, for PROJECT. CITY shall provide STATE the opportunity to provide comments on any public meeting/hearing exhibits, handouts or other materials at least ten (10) days prior to any such public meetings/hearings. STATE maintains final editorial control of exhibits, handouts or other materials to be used at public meetings/hearings. I]. In the event CITY would like to hold separate and/or additional public meetings/hearings regarding the PROJECT, CITY must clarify in any meeting/hearing notices, exhibits, handouts or other materials that STATE is the CEQA Lead Agency and if applicable, the NEPA Lead Agency, and CITY is the CEQA Responsible Agency. Such notices, handouts and other materials shall also specify that public comments gathered at such meetings/hearings are not part of the CEQA and if applicable, NEP A, public review process. CITY shall provide STATE the opportunity to provide comments on any meeting/hearing exhibits, handouts or other materials at least ten (10) days prior to any such meetings/hearings. STATE maintains final editorial control of exhibits, handouts or other materials to be used at public meetings/hearings solely with respect to text or graphics that could lead to public confusion over CEQA and if applicable, NEP A, related roles and responsibilities. 12. All administrative reports, studies, materials, and documentation, including, but not limited to, all administrative drafts and administrative finals, relied upon, produced, created or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(e). The parties agree that said material will not be distributed, released or shared with any other organization, person or group other than the parties' employees, agents and consultants whose work requires that access without the prior written approval of the party with the authority to authorize said release and except as required or authorized by statute or pursuant to the terms of this Agreement. 13. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 14. The party that discovers hazardous materials (HM) will immediately notify the other party(ies) to this Agreement. HM-I is defined as hazardous material (including but not limited to hazardous waste) that requires removal and disposal pursuant to federal or state law, whether it is disturbed by PROJECT or not. 8 Agenda Item NO.7 Page 11 of 15 District Agreement No. 8-1416 HM-2 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed by PROJECT. 15. STATE, independent of PROJECT, is responsible for any HM-I found within existing SHS right of way. STATE will undertake HM-I management activities with minimum impact to PROJECT schedule and will pay all costs for HM-I management activities. CITY, independent of PROJECT, is responsible for any HM-I found outside existing SHS right of way. CITY will undertake HM-I management activities with minimum impact to PROJECT schedule and will pay all costs for HM-I management activities. 16. IfHM-2 is found within the limits of PROJECT, the public agency responsible for advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM-2 management activities. Any management activity cost related to HM-2 is a PROJECT construction cost. 17. Management activities related to either HM-I or HM-2 include, without limitation, any necessary manifest requirements and designation of disposal facility. 18. STATE's acquisition or acceptance of title to any property on which any hazardous material is found will proceed in accordance with STATE's policy on such acquisition. 19. A separate Cooperative Agreement or agreements will be required to address Landscape Maintenance, and to cover responsibilities and funding for the construction phase of PROJECT. 20. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation, or maintenance of the SHS and public facilities different from the standard of care imposed by law. 21. Neither STATE nor any officer, or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction conferred upon CITY or arising under this Agreement. It is understood and agreed that, CITY will fully defend, indemnitY, and save harmless STATE and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions ofliability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 22. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by STATE under 9 Agenda Item No. 7 Page 12 of 15 District Agreement No. 8-1416 or in connection with any work, authority, or jurisdiction conferred upon STATE or arising under this Agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 23. Prior to the commencement of any work pursuant to this Agreement, either STATE or CITY may terminate this Agreement by written notice to the other party. 24. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal amendment executed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any ofthe parties hereto. 25. This Agreement shall terminate upon the satisfactory completion of all post-PROJECT construction obligations of CITY and the delivery of required PROJECT construction documents, with concurrence of STATE, or on December 31, 2014, whichever is earlier in time, except that the ownership, operation, maintenance, indemnification, environmental commitments, legal challenges, and claims articles shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction related or other claims arising out of PROJECT be asserted against one ofthe parties, the parties agree to extend the fixed termination date of this Agreement, until such time as the construction related or other claims are settled, dismissed or paid. SIGNATURES ON FOLLOWING PAGE: 10 Agenda Item No. 7 Page 13 of 15 District Agreement No. 8-1416 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director By: RAYMOND W. WOLFE, PhO, ME, CE District Director APPROVED AS TO FORM AND PROCEDURE: By: Attorney, Department of Transportation CERTIFIED AS TO FUNDS: By: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: By: Accounting Administrator 11 Agenda Item No. 7 Page 14 of 15 District Agreement No. 8-1416 CITY OF LAKE ELSINORE By: DARYL HICKMAN Mayor Attest: CAROL COWLEY Interim City Clerk APPROVED AS TO FORM AND PROCEDURE: By: BARBARA LEIBOLD City Attorney 12 Agenda Item No. 7 Page 15 of 15 CITY 0 F . LAIZE LSINO~ , I ~ DREAM EXtREME REPORT TO CITY COUNCIL TO: HONORABLE MAYO~ AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: AGREEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS- TRACT 31290-1 Backaround As a condition of development of Tract 31290-1, located between Cereal Street and the intersection of Malaga Road and Mission Trail, the Developer, John Laing Homes (aka Laing CP-Lake Elsinore, LLC), wa,s conditioned to construct certain street and storm drain improvements that will benefit other properties in addition to this tract map. The Developer has entered into an agreement providing for the construction of the traffic signal at the intersection of Mission Trail and Hidden Trail/Elberta Road. Discussion City execution of the agreement will ensure compliance with the Subdivision Map Act at section 66499.1 and the Lake Elsinore Municipal Code. Fiscallmoact None. Recommendation The City Council authorize the Maypr to execute the Agreements for the design and construction of Tract 31290-1 traffic signal improvements at the intersection of Mission Trail and Hidden Trail/Elberta Road. Agenda Item No. 8 Page 1 of 8 Construction Improvement Agreements November 18. 2008 Page 2 Prepared by: Approved by: Attachment Rita Thompson Engineering Te.chnician 1\ Ken A. Seumalo ~ Director of Public Works Robert A. Bradytf)U City Manager : VUlV Vicinity Map Agreement Agenda Item NO.8 Page 2 of 8 VICINITY MAP TRACT MAP 31920-1 TRAFFIC SIGNAL MISSION TRAIL at HIDDEN TRAIL NOVEMBER 25, 2008 Agenda Item NO.8 Page 3 of 8 AGREEMENT I FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned Laino CP-Lake Elsinore LLC whose business address is 19520 Jamboree Road, Suite 400. Irvine, CA 92612 I herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a I subdivision designated as Tract Map 319~0-1; and, WHEREAS, the Subdivider has riot completed all of the work, or made all of the improvements required by Tille 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore I requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, , hereinafter collectively referred to as "said I ordinance"; and, , WHEREAS, Subdivider desires to: enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in , accordance with the provisions of said ordinance; i NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, :-vhich work and improvements, without limitation by enumeration, consists of: Traffic Sional at the intersection of Mission Trail and Hidden Trail J Elberta Road. The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown oniand in strict compliance with applicable plans and , specifications, and any subsequent altera~ons thereto, which alterations in said plans and specifications , and the work to be performed may be accomplished without first giving prior notice thereof to the surety; I provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10%) of the original estimated co~t of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided, further, in no event shall such change result in exonerating the surety's obligations. Such work ! . shall be completed and improvements made within one year from the date of this agreement, unless such 1 Agenda Item No. 8 Page 4 of 8 time be extended by the City upon written !lPplication of the Subdivider. Failure to make such written I request shall not preclude the City from ex~ending this agreement. In the absence of written notice by the , City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is I understood that by providing security for this agreement, the surety consents in advance to any extension , of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, , statutes of limitations, and other limitations of action in any action or proceeding filed by the City. , i The Subdivider further agrees that any and all grading done or to be done in conjunction with the i development in the herein described Fin~1 Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable o(dinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of:time described above and prior to the acceptance by or on behalf , of the City of the work and improvement~ and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. ! I I The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all ofl the work and improvements are completed and accepted by or on behalf of the City and until the security for t~e performance of this agreement is released. Said maintenance shall include, but shall not be limited to, rep~ir of pavement, curbs, gutters, sidewalks, parkways, sewers, and , removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by , this enumerations, sweeping, repairing a~d maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider'~ responsibility to initiate this work but if he should fail to do so, he I shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake I Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by I this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agr~ement to hold the City and its officers and employees free and I harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any ! loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this I paragraph, existing or occurring or arising ?ut of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. I i , , The Subdivider shall be respons,ible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials fumished in the performance of the contract, and it is further agreed that upon completion I 2 Agenda Item NO.8 Page 5 of 8 i , and acceptance of the improvements by th~ City of lake Elsinore, the liability of the surety for no less than ten , percent (10%) of the face amount thereof!or $300.00, whichever is greater, will continue for the purpose of I guaranteeing maintenance of the improJements for a period of one year following the completion and I acceptance by the City against any defe9tive work or labor done, or defective materials furnished in the performance of this contract with the City pf lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this , agreement within the time set forth herein! or fail to comply with any other obligation contained herein, they , shall be jointly and severally liable to the city for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement ~nd any such expenses and fees incurred in processing any action , for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at any time after any such default, the City may make writte!n demand upon the Subdivider and surety to immediately remedy I the default or complete the work. If said r~medial activities or completion of work are not commenced within I sixty (60) days after such demand is made 'and are not thereafter diligently prosecuted to completion and fully I completed within one hundred twenty (120) days after the making of such demand (or such other time as may , be contained in said demand), the City may then complete or arrange for completion of all remaining work or I conduct such remedial activity as in the sole judgement of the City may be required, all at the full expense and , obligation of the Subdivider and surety and all without the necessity of giving any further notice to the , Subdivider or surety before the City peitorms or arranges for performance of any remaining work or ! improvements, and whether or not the~ Subdivider or surety have constructed any of the required I improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City EngineJr, upon such election, may require all work by the Subdivider or surety to cease in order to permit adeqUat~ coordination by the City for completing any remaining work and I improvements not yet completed. i ! , , It is agreed that all work and imp~ovements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. I ! i The Subdivider shall provide sec~rity in the amount of One Hundred Ninetv Six Thousand One . , Hundred Fiftv and 88/100" Dollars ($ 196.150.88) to guarantee the performance of this agreement. In I addition, the Subdivider shall provide security in the amount One Hundred Ninetv Six Thousand One Hundred , Fiftv and 88/100" Dollars ($ 196.150.88)1 to guarantee payment to any contractors, subcontractors, and ! persons furnishing labor, materials and equipment to them for the performance of the work herein described. : Said security shall be in the form of a faithful performance and material and labor bond. ! 3 Agenda Item No.8 Page 6 of 8 i The Subdivider acknowledges at agrees to City regulations governing signs and advertising I structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in ! violation of any City ordinance governing size, location, or required permits. Removal shall be at the expense of the Subdivider and Subdivider shall inbemnify and hold the City free and harmless from any claim or I demand arising out of or incurred as a res'ult of such removal, excepting negligent acts or omissions by the , City, its agents or employees. Subdivideriagrees tha.t said signs may be erected only pursuant to a permit issued by the City upon payment of neceskary fees or deposits. I i , The Subdivider agrees to provide'to the City a Public Liability Insurance Policy, making the City of lake. Elsinore, its officers, agents and e~PIOyeeS, additional insured against any injuries or death to any person and property damage. The amo'unt and the insurance company must be approved by the City I Engineer. : I i In addition, the Subdivider shall deposit a copy ofthe Workmen's Compensation Insurance coverage by an approved insurance company and iM an amount satisfactory to the City, and as required by law. , i I For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, I the City Attorney, City Engineer, or any of ,them, or any of their authorized representatives. i i In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this "3i day of lk:1l>~, 2008. i , n 0'" ~::.=) i",a ~ ~()Il; ~.., """iNbJ: Shel",., I ~OR: i (Name of Company on above line) I i , , GITY OF LAKE ELSINORE I , , I BY: : Robert A. Brady, City Manager , CITY OF LAKE ELSINORE ATTEST: Carol Cowley, City Clerk CITY OF LAKE ELSINORE 4 Agenda Item No.8 Page 7 of 8 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~=-~-~'~~ personally appeared W~Yl1t } ~/0t1fldrtj 2c?ntlt(dlt. NuPt rj 11,//,/)" Here Insert Name and Title of the Officer .1 gj d f/IV! ( Name(s) of Slgner(s) State of California County of !J ( CI ({VI V j On ~dPlu( 3/, 200r, before me. Date J - - - - - - - - - - - - @ AlEXANDRAlANDUETA _ . Commission # 1586769 ~ ~ . -,,; Notary PubUc . CalKomla ~ j Los Angeles County f __ _ _ ~:~:..Ex~re:J~1~2? who proved to me on the basis of satisfactory evidence to be the person(.s) whose name(~ islaFe" subscribed to the within instrument and acknowledged to me that he/shellhey executed the same in his/h8l'llReir authorized capacity(ies), and that by hisfher.Al1eir signature(s) on the instrument the person($). or the entity upon behalf of which the person}i>l acted, executed the instrument. I certity under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signature I OPTIONAL Though the information below ;s not required by law; it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number ot Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) TOp of thumb here I I I I Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Afforney in Fact o Trustee o Guardian or Conservator o Other: AIGHTTHUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: .~ -;~"""" -;~ ~~~~~~~~~~~y~y~y~y--~ 02007 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 t Chatsworth, CA 91313-2402. www.NalionaINotary.org Item #5907 Reortler: Call Toll-Free 1-800-87&6827 I I Agenda Item No.8 Page 8 of 8 LAI(J: I I I I , i LSINORJ: . DREAM EXTREME , I , , I , I REPORT TO CITY COUNCil I , TO: HONORABLE MAYOR AND MEMBERS OF ~HE CITY COUNCil I FROM: ROBERTA. BRADYi CITY MANAGER I DATE: NOVEMBER 25, 2008 I I SUBJECT: REQUEST TO APPROVE STRUCTURE ABATEMENT COSTS RELATING TO THEI DEMOLITION OF 202 EAST FRANKLIN STREET (AKA BRENNEKE COURT) I I I Backaround I I The property at 202 East Franklin Street, formerly known as Brenneke Court, was originally constructed in 1924 as a iseries of ten (10) bungalows that were rented out for weekend accommodations to visitdrs to lake Elsinore. Though each of the units is less than 400 square feet in size, th~ bungalows were eventually converted to full time occupancy. Over the many year~ that passed these bungalows became deteriorated and rundown, and were the cause for many Sheriff's and Code Enforcement actions. I After a fire destroyed one of the bungalows in 1994, the condition of the property had reached a state of disrepair to the ~xtent that it was declared substandard and unsafe to occupy by the Building & Safety [Division. It was subsequently placed in the City's Structure Abatement Program and ,has remained unoccupied ever since. In 2005 after the property had Cha~ged ownership many times, the property was sold to Mr. Anthony Fairchild, who made lapPlication to the City to rehabilitate the structures. Mr. Fairchild and his architect spent many months working with the City to come to consensus on a rehabilitation plan! Mr. Fairchild eventually completed the Plan Review process and obtained approval for k building permit. I Mr. Fairchild's approval entitled Ihim to demolish three of the remaining nine (9) structures to allow for onsite parking, and the remaining units were to be rehabilitated to maintain their architectural appea~ance. When the Building Permit was finally pulled, work was very slow to progress on the project, and the only work that was completed was the demolition of the three units. The project has now been idle for over a year and Mr. Fairchild has lost the property due to foreclosure: I I I i Agenda Item No. 9 Page 1 of 27 Request to approve costs November 25, 2008 Page 2 Discussion At some point in the past these units may have played a part in the history of Lake Elsinore, and allowed a place fot visitors to stay while seeking the benefits of the mineral waters of the area, but I due to their current condition can no longer be considered a viable rehabilitation 'project. A letter from the Lake Elsinore Historical Society (attachment #1) condones ithe City's intent to demolish the remaining structures and shows that any historical significance is no longer justified. , The property is, and has been u1nsecured for some time, and creates an attractive nuisance for transients and a dahgerous condition for neighborhood children. The Code Enforcement Division has obtained legal jurisdiction, and an Abatement Warrant to demolish the remaining bungalows and remove all remaining debris. A bid process for the demolition If the remaining structures was completed and the contractor with the lowest bid (attachment #2)was offered a contract. I I I i , There will be no fiscal impact to the City as 100% of the cost of the abatement and demolition are eligible for re-imbutsement through the Community Development Block Grant Program. Fiscal Impact Recommendation I Authorize the City Manager to sigh a Professional Services contract in the amount of $18,500.00 for the demolition of the structures at 202 East Franklin. Prepared by: Robin chiPmJ tf-V--v Building & Safety Manager I Tom Weiner ~ Acting Community Development Director I Robert A. Bra6y f\ ~ City Manager! ')I.W/ , , I I ATTACHMENTS I 1. Letter of approval from Lake Elsinore Historical Society 2. Copy of proposed bid for dbmolition - 5M Contracting Reviewed by: Approved by: Agenda Item NO.9 Page 2 of 27 September 10, 2008 I I I I Lake E~sinore Historical Society I Mailing Address: P. O. Box 84, Lake Elsinore CA 92531-0084 Museum Address: 106 South Main Street, Lake Elsinore CA Telephone': 909/245-4986 or 909/245-9230 I I I I Mr. Robin Chipman City of Lake Elsinore Code Enforcement Lake Elsinore CA 92530 , I I Subject: pro~erty Located at Franklin and Ellis Streets The subject property was builtl in 1924 as the Brenneke Courts consisting of ten bungalows. While these unit~ qualify to be historic, they can no longer be considered as historic because of the propertY has not been maintained and the apartments have been vandalized beyond the point of repair. I On behalf of the Lake Elsinor~ Historical Society, I believe you would be doing the City a I favor if this property was cite~ and the apartments demolished. They have been in the present condition for at least the past fifteen years. Thank you for the OPPOrtunityl to provide information to the City of Lake Elsinore. Sincerely, I ~fb;W Ruth Atkins I President I I I I , , Dear Robin: 951/678-1537 Agenda Item No.9 Page 3 of 27 I I i AGREEMENT FOR PROFESSIONAL SERVICES I This Agreement for Professional ~ervices (the "Agreement") is made and entered into as of the 1.Q day of November , 200!!, by and between the City of Lake Elsinore, a municipal corporation ("City") and 5M Contracting ("Consultant"). I RECITALS i A. Consultant is specially trained, e*perienced and competent to perform the special services which will be required by this Agreemerit. B. Consultant possesses the skill, exlerience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant th render professional consulting services and related work as set forth in this Agreement. AGREEMENT I. Scope of Services. Consultant sAall perform the services described on Exhibit A which is , attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and irt the manner specified ih Exhibit A, subject to the direction ofthe City through its staff that it may provide from time to time. I i 2. Time of Performance. The services of Consultant are to commence upon execution ofthis Agreement and shall continue for a peri6d of one (1) year. I 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the I Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultaht's compensation exceed $18,500.00 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 knowri to the City at the time of payment. 4. Method of Payment. Consultant lhall 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 Agreerhent, no further payments shall be made until the final work under this Agreement has been accepted I by City. 5. Extra Work. At any time during the term of this Agreement, City may request that I Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper ~ompletion of the Project, but which the parties 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 service~ performed in accordance with the Scope of Services I I I I Agenda Item No.9 Page 4 of 27 I 6. Termination. This Agreement m1ay 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 compenJation for services performed up to the effective date of termination. I 7. Ownership of Documents. All plks, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad ~internal documents, shall become the property of the City upon payment to Consultant for such +ork, 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 expensd, 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 further agrees to defend, indemnify and hold harlnless Consultant, its officers, officials, agents, employees and volunteers from any claims, demandk, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and ~xpenses in connection therein), arising out ofthe City.os use of such materials in a manner beyond thb intended purpose as set forth herein. I a. Licensing of Intellectual I Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, mbdify, 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 tnagnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepirred 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 ariy Documents & Data the subcontractor prepares under this Agreement. Consultant represents and wkrrants that Consultant has the legal right to license any and all Documents & Data. Consultant mkkes no such representation and warranty in regard to Documents & Data which were prepared1by 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 \vithin the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, in~ut record data, written information, and other Documents & Data either created by or provided to IConsultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of thb services under this Agreement. Nothing furnished to I Consultant which is otherwise known to ~onsultant 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 productioh or other similar medium without the prior written consent of City. I I 2 Agenda Item No. 9 Page 5 of 27 I I I Consultant's Books and Records; I a. Consultant shall maintainl any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or ddcuments evidencing or relating to charges for services, or expenditures and disbursements charged[to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintainl all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or corripletion ofthis Agreement. I c. Any records or document~ 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 Attotney, City Auditor or a designated representative of these , officers. Copies of such documents shall be provided to the City for inspection at City Hall when itis practicai to do so. Otherwise, unless ani alternative is mutually agreed upon, 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 discarded due to dissolution, disbandmJnt or termination of Consultant's business, City may, by written request by any of the above-narnbd officers, require that custody of the records be given to the City and that the records and documdnts be maintained in City Hall. Access to such records and documents shall be granted to any party ~uthorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. I I 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall aei 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 employeJs, and Consultant hereby expressly waives any claim it may have to any such rights. I 10. Interests of Consultant. Cons~ltant (including principals, associates and professional employees) covenants and represents th~t it does not now have any investment or interest in real property and shall not acquire any intereh, direct or indirect, in the area covered by this Agreement or any other source of income, interest inl1real property or investment which would be affected in any manner or degree by the perfDrmancel Df Consultant's services hereunder. CDnsultant further CDvenants and represents that in the perfDrmance of its duties hereunder nD perSDn having any such interest shall perform any services undet this Agreement. , I Consultant is nDt a designated ebplDyee within the meaning Df the Political Reform Act because Consultant: I I a. will conduct research and arrive at cDnclusions with respect tD his/her rendition Df infDrmatiDn, advice, recommendatiDn or!cDunsel independent of the cDntrDI and directiDn ofthe City or of any City official, other than nDrmal agreement monitDring; and I I I I I I 8. 3 Agenda Item No. 9 Page 6 of 27 I I b. possesses no authority lith respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) II. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services Ihereunder 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. Consult~nt shall use the standard of care in its profession to comply with all applicable federal, state and lodllaws, codes, ordinances and regulations. 13. Licenses. Consultant represen!s 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 reptesents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or ob~ain 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. I 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and voluntebrs from and against any and all claims, demands, actions, losses, damages, injuries, and liability, ditect or indirect (including any and all costs and expenses in connection therein), arising out of the petformance of this Agreement or its failure to comply with any of its obligations contained in this A);reement, except for any such claim arising out ofthe sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. I I a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' compebsation Coverage. Consultant shall maintain Workers' Compensation Insurance lmd Employer's Liability Insurance for his/her employees in accordance with the law~ of the State of California. In addition, Consultant shall require each subcontractdr 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 ~ubcontractor's employees. Any notice of cancellation or non-renewal of all WorkJrs' Compensation policies must be received by the City at least thirty (30) days priot 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 perfortned by Consultant for City. I ii. General Liability 'Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injt\ry, personal injury and property damage. If a commercial general liability insurancJ form or other form with a general aggregate limit is used, I I I I J '4 Agenda Item No. 9 Page 7 of 27 either the general aggregate limit shall apply separately to the work to be performed under this Agreement o~ the general aggregate limit shall be at least twice the I required occurrence limit. I 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 br in connection with the work to be performed under this Agreement, including corerage 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. I iv. Professional Liabilitv Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or bmissions which may arise from Consultant's operations under this Agreement, J.vhether such operations by the Consultant or by its employees, subcontractots, or sub consultants. The amount of this insurance shall not be less than one million Idollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each geJralliability and automobile liability insurance policy shall be with insurers possessing a Best.os rating of no less than A:Vll and shall be endorsed with the following specific language: I i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be coveted as additional insureds with respect to liability arising out of work performed by orion behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. I ii. This policy shalllbe considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any I insurance maintained by 1he City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance Jail act for each insured and additional insured as though a separate policy had been btten for each, except with respect to the limits ofliability of the insuring company.1 iv. The insurer waivls all rights of subrogation against the City, its elected or appointed officers, offici'als, employees or agents. , v. Any failure to CO~PlY with reporting provisions of the policies shall not affect coverage provided to the 'City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in ~overage or in limits except after thirty (30) days written notice has been receivedlby the City. I I 5 Agenda Item No.9 Page 8 of 27 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by th~ City. At the City's option, Consultant shall demonstrate I 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 I such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insutance shall be kept on file with the City at all times during the term of this Agreement. I 16. Notices. Any notice required to b6 given under this Agreement shall be in writing and either , served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notide shall be deemed communicated within 48 hours from the , time of mailing if mailed as provided in this section. I I City of Lake Elsinore , Attn: City Manager 130 SouthlMain Street Lake Elsinore, CA 92530 5M contrLting Attn: Rori McDanniel 2691 Do~ Avenue, Unit C-2 Tustin, CA 92780 17. Entire Agreement. This Agreelent 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 Lay be modified or amended only by a written document executed by both Consultant and City arid approved as to form by the City Attorney. If to City: If to Consultant: 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 I Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontrabors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement ~ill be permitted only with the express consent of the City. Consultant shall not subcontract any pdrtion of the work to be performed under this Agreement , except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreemtfut 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 dlfault under this Agreement shall not constitute a continuing waiver of a subsequent breach of the saine or any other provision under this Agreement. I 6 Agenda Item NO.9 Page 9 of 27 21. Severability. If any term or pohion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of bompetent jurisdiction, the remaining proYisions of this Agreement shall continue in full force mid effect. 22. Controlling Law Venue. This Ateement and all matters relating to it shall be governed by the laws of the State of California and ally action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and AttomJs' Fees. If either party to this Agreement commences any legal action against the other party aris,ing 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. I 24. Mediation. The parties agree to rAake a good faith attempt to resolve any disputes arising out of this Agreement through mediation phor to commencing litigation. The parties shall mutually agree upon the mediator and share the cdsts of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be subfuitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties With the names offive qualified mediators. Each party shall have the option to strike two of the five: mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shaIl become binding upon the parties when at least one copy hereof shall have been signed by bdth parties hereto. In approving this Agreement, it shall not I be necessary to produce or account for more than one such counterpart. I 26. Authority 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 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 Laintains and warrants that it has not employed nor retained any company or person, other than a bon~ fide employee working solely for Consultant, to solicit or secure this Agreement. Further, ConsultJnt warrants that it has not paid nor has it agreed to pay any company or person, other than a bonal fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, ~ft or other consideration contingent upon or resulting from the award or making ofthis Agreement. for breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term ofliis or her service with City, shall have any direct interest in this Agreement, or obtain any present o~ anticipated material benefit arising therefrom. 28. Equal Opportunity Employment 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, cblor, national origin, handicap, ancestry, sex or age. Such I non-discrimination shall include, but not be limited to, all activities related to initial employment, 7 Agenda Item No.9 Page 10 of 27 upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. I CITY OF LAKE ELSINORE: I C ATTEST: Ronald R. . el 5M Oxltracl:i.ng City Clerk APPROVED AS TO FORM: CL(r~"1\- ~ City Attorney 8 Agenda Item NO.9 Page 11 of 27 Attachments: I I Exhibit A - scopel of Services Exhibit B - Fee Sdhedule Exhibit C - Certifi~ate of Exemption from Worker:;.o.Compensation Insurance , Exhibit D - List of Subcontractors Agenda Item No.9 Page 12 of 27 Dennlition of 202 E. fiank1j EXHIBIT "A" SC0PE OF SERVICES " Agenda Item No.9 Page 13 of 27 EXHIBIT "B" SCHEDULE OF CHARGES Lump Smn upon canpletion for $18,500.00 Agenda Item No.9 Page 14 of 27 , -','1 '"',,. :; , ,\ _I,.,. '< "'~?' (~ . . 'i ,', ! ' '~ "'1 " ,'( ,:'!' .; \.',' , .( 'Tot# . ",'" ( '.,.' '{' ~ \'. \ 1 ( .. '" .~I' r\ \-, ( ~l8;54l0.1I0 \ >1..-. " I) " ':\) ,Ir" ,1\ <', ,;; l, '3)' -'-:,\! ,"\' ",' 4)'\ I' ",I, . EXHIBIT "C". CERTIFICATE OF EXEMPTION FROM WORKERS.. COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California Executed on this 10 California. day of November 2008 , 199_ at Tustin ,} I Consuitan ~el Agenda Item No. 9 Page 16 of 27 EXHIBIT "D" LIST OF SUBCONTRACTORS [INSERT] A to Z Fnvironmental Consultants 1409 ViIginia Ave fIB Baldwin Park, Ca Agenda Item No.9 Page 17 of27 ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYY'f) " 1'0/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU INS.SERV.-BC ENV.BROKERAGE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1037 SUNCAST LANE, SUITE 103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EL DORADO HILLS, CA 95762 (916) 939-1080 INSURERS AFFORDING COVERAGE NAIC# INSURED CARDINAL ENVIRONMENTAL CONSULTANTS INSURER "'- HODSON SPECIALTY INSURANCE CO. 37079 dba, 5M CONTRACTING ,NSURER B' SAFECO/GEN. INSURANCE CO. 24740 2691 DOW AVENUE, SUITE C-2 'NSURER c, STATE COMP. INSURANCE FUND 35076 TUSTIN, CA 92780 INSURER 0 nBE INSURANCE CORP. 39217 I INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDJTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'NOR ~~~ ~"" POLICY NUMBER ~9.Y~Y EFF CTIVE P5'kTE~ti~~J.:,'i'N LIMITS LTR ~NERAL LIABilITY EACH OCCURRENCE . 2 000 000 .x 5MMERClAl GENERAL LIABilITY ~~~~'i'E~t:~cel . 50 000 - CWft.IMSMADE [i] OCCUR MED EXP (Any 000 person) . 5 000 A X CONT.POLLUTION FEC7001412 01/24/08 01/24/09 PERSONAl & AOV INJURY . 2 000 000 X PROF-CLMS.MADE PL RETRO, 1/24/95 GENERAl AGGREGATE . 2 000 000 -il~ AGG~l~lllMn AnSI PER' PROOUCTS-COMP~PAGG . 2 000 000 X POliCY ~f8T LOC ~TOMOBILE LIABILITY COMBINED SINGLE lIMIT . 1,000,000 .x ANYAUTO (Ell accident) - ALL OWNED AUTOS eODIlYINJURY (perper,on) . SCHEDULED AUTOS - 12/28/07 12/28/08 B .x HIRED AUTOS 24CC163385-2 BOOll Y INJURY (Peraccident) . .x NON..oWNEOAUTOS PROPERTY DAMAGE . . (PeI'aCCidenl) ~GE LIABILITY AUTOONL y. EAACCIDENT . ANY AUTO OTHf;R THAN EAACC . AUTOONL Y: AGG . ::=JESSfUMBRElLA LIABILITY EACH OCCURRENCE . OCCUR 0 CLAIMS MADE AGGREGATE , . I =1 DEDUCTIBLE , ! RETENTION . . WORKERS COMPENSATION AND I TVX~~LfMX:-S I jUEft EMPLOYERS' lIABILITY SEE ATTACHED E.L EACH ACCIDENT . ANY PROPRIETORIPARTNEIlJEXECVTlVE C OFFICER/MEMBER EXCLUDED? E..L. DISEASE. EA EMPLOYE $ g~~5C~p~Q~"#I~NS below E.l. DISEASE - POLICY LIMIT . OTHER D PROPERTY 2700867 12/18/07 12/18/08 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES} EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAl PROVISIONS RE, DEMOLITION OF SUBSTANDARD BUILDINGS / 400 AVENUE 5 & 202 E. FRANKLIN THE CITY OF LAKE ELSINORE, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS HAVE BEEN NAMED AS ADDITIONAL INSURED. PRIMARY COVERAGE APPLIES. WAIVER OF SUBROGATION APPLIES. (ENDORSEMENT'S ATTACHED! . CITY OF LAKE ELSINORE ATTN, CITY MANAGER 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92630 CANCELLATION SHOULD NN OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL4~~TO MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 1KIX9I1tQJ(1KOO~X94iK ~X'l't>>Mlll!KIlBltKQll.Kl{Q(XMXIl{OOJe~""""'ccoro<eIlllOOJ( CERTIFICATE HOLDER , ACORD 25 (2001108) AUTHORlZED~t c... \}J~ @ACORDCORPORATION1988 Agenda Item No. 9 Page 18 of 27 @ ~~~~~(~" Cardinal Environmental ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement changes the Policy. Please read it carefully. Policy # FEC7001412 Effective Date: 11-12-08 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers 130 South Main Street Lake Elsinore, CA 92630 RE: Demolition of Substandard Buildings (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Agenda Item No.9 Page 19 of 27 ~ ~~~~~~'" Cardinal Environmental Consultants, Inc. Endorsement Number: 22 Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 8/28/2008 attaches to and forms a part of Policy Number FEC7001412. This endorsement changes the Policy, Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory stalus of this insurance. However. this status exists only for the project specified in that contract. In consideration of an additional premium of$300 and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It Is further agreed thaI any other insurance which the person(s) Or organizalion(s) named in the schedule may have is excess and non-contributory to this insurance. FEI-0104-548-E Agenda Item No.9 Page 20 of 27 ~ ~~'~~:?C~" Cardinal Environmental Consuitants, Inc. Endorsement Number: 6 AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT This endorsement, effective 1/24/2008 attaches to and forms a part of Policy Number FEC7001412. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery ~ may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to ex1end the policy period, change the scope of coverage or increase the Aggregate limits of Insurance shown in the Declarations. FEI-0104-320-E Agenda Item NO.9 Page 21 of 27 .... REPRINTED FROM THEARCHIVE. THe: ORIGiNAl TRANSACTlONWAV INCLUae- AOOfIlONAt FORMS -- _f~s.lit6nqe COMMERCIAL AUTO CA 71 100905 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREfULLY. ULTRA AUTO PLUS ENDORSEMENT BUSINESS AUTO COVERAGE FORM This endorsement modifies insurance provided under the following: With respect to coverage provided by this endorsement, the provisions 01 the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph. 2,b, of the CANCELLATION Common Policy Condition is replaced by the following: b. 00 days before the effeollve date of cancellation Ii we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO _ PHYSICAL DAMAGE COVERAGE Under paragraph C. - CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 - COVERED AUTOS, the following Is added: If Physical Damage coverage is provided by thIs Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of ils owner as a temporary subStilu1e for a covered "auto" you own that is out of service be- cause of its breakdown. repair, selVicing, 10ss" or destruction, BROAD FORM NAMED INSURED SECTION II - UABILITY COVERAGE - A.t WHO IS AN INSURED provision is amended by the addition of the following: BLANKET ADDITIONAL INSURED SECTION /I - UABlUTY COVERAGE - A.l. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organi~ation for whom you ate re- quired by an "insured contract" to provide insur- ance is an "insured", subject to the tollowing additional provisions: (1) The 'insured contract" must be in effect during the polley period shown in the Decla- rations. and must have been executed prior to the 'bodily Injury" or 'properly damage". (2) ThIs person or organization is an "insured" only 10 the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you 'are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. (3) There Is no coverage provided to this person or organi~tion for 'bodily Injury" to ~s em- ployees, nor for 'properly damage" to ~s properly. (4) Coverage for this person or organization shall be limited to the extent of your negll. gence or fault eCCOrding to the applicable principles of comparative negligence or faun. (5) The defense of any claim or "suit" must be tendered by lhis person or organization as soon as practicable 10 all other Insurers which potentially provide insurance tor such claim or "Suit". d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of t 80 days following acquisi- tion or formation of the business entity. Coverage under this provision Is afforded only until the end of the policy period. Includes oopyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance SelVices OOlce, Inc., 1997 CA 71 1009 Il6 Safeco lnil1eSafem logJare~ tattemal1;s otsaero Col'p:Jraljon Pagil1of5 EP Agenda Item No. 9 Page 22 of 27 .... REPRlNTED FROM THE ARCHIVE. THE ORIGINAl. TRANSACTlONt.tAY INCLUDE ADDITIONAL FO~ _. (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limns of this policy; or (b) The coverage and/or limits requirad by the '1nsured contract'. (7) A person's or organization's status as an ~nsured" under this subparagraph d ends when your operations for that ~nsured" are completed. FELLOW EMPLOYEE COVERAGE - EXECUTIVE OFFICERS Exclusion 5. FELLOW EMPLOYEE of SECTION 11- LIABILITY COVERAGE - B. EXCLUSIONS is amended by the addition of the following: This exclusion does not apply to liabliity incurrad by your employees that are executive officers. PHYSICAL DAMAGE - ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. EXTRA EXPENSE - BROADENED COVERAGE Paragraph A. - COVERAGE of SECTION III PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto If to you. AIRBAG COVERAGE Under paragraph B. - EXCLUSIONS of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mect'ranical breakdown does not apply to the accidental discharge of an sirbag. LEAse GAP COVERAGE Under paragraph C - LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: P.,. 2015 4. The most we will pay for a lotal '1oss' In anyone "accident" Is the greater of the following, subject to a $1,500 maximum limit a. Actual cash value of the damaged or stolen property as of the time of the '1oss', less an adjustment for depreciation and physical condiUon; or b. Balance due under ttle terms of the loan or lease that the damaged coverad "aula" is SUbject to at ttle time of the '1oss', less any one or all 01 ttle following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "lOSS". (2) financial penalties Imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties. Cre- dit Life Insurance, Heatth, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5) Final payment due under a "Balloon Loan". (6) The dollar amount of any un-repaired damage that occurred prtor to the "lotalloss" of a covered Mauto". (7) Securtty deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result 01 the early termination of a lease agreement or any war. ranty or extended service agree- ment on a covered "auto". (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR - WAIVER OF DEDUCTIBLE Under paragraph D. - DEDUCTIBLE of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added; No deductible applies to glass damage If tile glass Is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI. DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDmON 2.8. - DlITlES IN THE EVENT OF ACCIDENT, CLAIM, Agenda Item NO.9 Page 23 of 27 .... REPRINTED FROM THE ARCHIVE. THE ORIQIfW. TRANSACnONMAY INClUDE ADOmONALFORMS - SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the 'accident" is known to: (i) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, ff you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDmONS B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- Isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. RESULTANT MENTAL ANGUISH COVERAGE SECTION V - DEFINITIONS - C. Is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person Including mental anguish or death resu~ing from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE It hired "autos" are covered "autos" for liability cov- erage and if Comprahensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow of the private passenger or Iighl truck (10,000 Ibs. or less gross vehicle weight) type, subject to the fOllowing IIm~. The most we will pay for loss to any hired "auto" Is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable 10 any owned "auto" 01 the private passenger or light truCK type for that coverage. Hired Auto Physical Damage coverage is excess over any other collectible insurance. SUbject to the above limit, de- ductible and excess provisions, we will provide cov~ erage equal to the broadest coverage applicable to any covered "auto" you own of the private passenger or light truck type. CA 71 10 09 05 HIRED AUTO PHYSICAL DAMAGE COVERAGE _ LOSS OF USE SECTION III - PHYSICAL DAMAGE A.4.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" If IT resuns from an accident, you are legally fiable and the lessor In- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. This coverage applies only to a covered "auto" of tihe private passenger or light truck (10,000 Ibs. or less gross vehicle weight) type, B. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered 'oss" to a covered "auto. II Payment applies in addition to the olherwise ap. pllcable amount of eacl1 coverage you have on a covered "auto." No deductibles apply to this coverage, C. We will pay only for those expenses Incurred during the policy period beginning 24 hours after the 'oss" and ending, regardless 01 the policy's expiration, with tihe lesser 01 1I1e following number of days: 1. The number of days reasonably required to repair or replace tihe covered "auto." If 'oss" is caused by theft, this number 01 days is added to 1I1e number of days it taKes to locate the covered "auto' and return it to you. 2. 30 days. D. Our payment Is limited to the lesser of the fol. lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. E. This coverage does not apply while there are spare or reserve "autos' available to you lor your operations. F. If ~oss" resuns from the totaf theft 01 a covered "aulo" 01 the private passenger type, we wili pay under this coverage only that amount 01 your rental reimbursement expenses Which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. G. The Rental Reimbursement Coverage described above does not apply to a covered Mauto" that is described or designated as a covered "auto" on Pago 3 of 5 EP Agenda Item No. 9 Page 24 of 27 .... REPRlliTEDfROM THE ARCHIVE. TtiE ORlGl/IW. TRANSACTIONlM.V INCLUOE AOOITIOHA1. fORMS .... Rental Reimbursement Coverage Fonn CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto' for 'loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed 60Iely for the reproduction of sound. This coverage applies only If the equipment is pennllllentiy installed in the covered "auto" at the time of the 'loss' or the equipment is ramovable from a housing unif which is permanently installed in the covered "auto" at the time of the 'loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto." 2. We will pay with respect to a covered "aulo" for "toss'" to any accessories used wrth the electronic equipment described in paragraph A.1. above. However, this does not include tapes, records or discs. 3. II Audio, Visual and Data Electronic Equip- ment Coverage form. CA 99 60 or CA 99 94 is attached to this policy, then the Audio, VI- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that appiy to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that Is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered -auto's" operatlng system: or 2. Both: a. an integral part of the same unit housing any sound reproducing equipment de. signed solely for the reproduction of sound If the sound reproducing equip- ment is permanenllylnstalled In the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by the manufacturer for the Instellation of a radio. C. Limit of Insurance WJth respect to this coverage, the lIMfT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi. sual or data electronic equipment and any accessories used with this equipment as a result of anyone "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "oss";or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determlning aCluel cash value at the time of the 'oss." 3. If a repair or replacement results in better than like kind or quality, we wlll not pay lor the amount of the betterment. '. D. Deductible 1. If '1oss' to the audlo, visual or data elac- tronic equipment or accessories used with this equipment is the result of a 'loss" to the covered {,lauto'" under the Business Auto Coverage Form's ComprehenSive or Colli- sion Coverage, then for each covered "auto' our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Covw erage deductible shown In the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If 'loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a 'oss" to the covered "*auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "'auto. our obligation to pay for, repair, return or replace damaged or staten property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay for, repair, Page 4 ~ 5 i Agenda Item No. ~ Page 25 of 27 _.. REPRINTEDFR:OM THE ARCKtVE. THE Ol'l.lGlNAl.. TRArfSACTIONWA,Y lNCUJDE AD01T1ONA1. FORMS _. return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. In no event will more than one deductible apply. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of fhe persons or organizations added as "insureds" under Section II - LIABILITY COVERAGE - A.1.D. BROAD FORM NAMED INSURED and A.te. BLANKET ADDITIONAL INSURED. CA 71 10 09 05 Page 5 of 5 PERSONAL. EFFECTS COVERAGE A. SECTION III - PHYSICAL. DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS. is amended by adding the following: c. Personal Effects Coverage For any Owned "autO" that Is involved in a covered 'loss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered 'loss", without applying a deductible. B. SECTION V - DEFINITIONS Is amended byad- ding the following: Q. "Personal effects" means your tangible property that is worn or carried by you. ex- cept for tools. jewelry. money, or securities. EP Agenda Item No.9 Page 26 of 27 CERTHOLDER COpy SP STATE COMPENSATION INSURANCE FUND P,O, BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE, 11-12-2008 GROUP: 000092 POLICY NUMBER: 0000582-2007 CERTIFICATE ID: 88 CERTIFICATE EXPIRES, 01-01-2009 0'-0'-2008/01-0'-2009 CITY OF LAKE ELSINORE 130 S MAIN ST LAKE ELSINORE CA 92530-4109 SP ~OB:400 AVENUE 5 & '0. E. FRANKLIN This is to certify that we have issued a valid Workers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subject to c<1ncellation by the Fund except upon 30 days advance written notice ~o the employer. We will slso gIve you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herOIn. Notwithstandlllg any requirement, term or condition of any COlltract or other document with respttct to which this certificate of insurance may be issued or to which It may pertain. the Insurance afforded by the policy described herein is subject to all the terms. exclusIons. and conditions, of such policy. a::-REP~ ~ES~ EMPLOYER'S LIABILITY LIMIT INCLUDING OEFENSE COSTS: $1,000,000 PER DCCURRENCE. ENDORSEMENT #lBOO - RONALD R MCDANIEL PRESIDENT SECRETARY - EXCLUOED. ENOORSEMENT #2065 ENTITLED CERTIFICATE HOLOERS' NOTICE EFFECTIVE 01-01-2007 IS - ATTACHEO TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE '008-11-12 IS ATTACHEO TO ANO FORMS A PART OF THIS POLICY. THIRO PARTY NAME: CITY OF LAKE ELSINORE EMPLOYER CARDINAL ENVIRONMENTAL CONSULTANTS INC D8A: 8M CONTRACTING 2691 OOW AVE STE C, TUSTIN CA 92780 [8H.NFl mEV,2.05t PRINTED 11-12-2008 Agenda Item No.9 Page 27 of 27 CITY OF ~ LAI{J: 6LSiI'iORf: ~~ DREAM E,XTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: WINTEREFEST CELEBRATION AND STREET CLOSURES Backaround The City of Lake Elsinore will be conducting the annual Winterfest and Tree Lighting Event on Friday, December 5, 2008, from 6:00 p.m. to 8:30 p.m. There will be a variety of craft vendors, free activity booths, entertainment stages, snow play, and pictures with Santa. Local downtown merchants stay open late for this celebration as we kick off the holiday season with the holiday tree lighting and arrival of Santa. Discussion The Sheriff's Department, the City Public Works Department and the Parks and Recreation Department will coordinate resources to ensure the Winterfest celebration is a memorable experience. In order to ensure the safety of the participants, staff is recommending the closure of Main Street from Library Avenue to Heald Avenue beginning December 5th at 1 :00 p.m. and will reopen prior to 1 :00 a.m. Saturday, December 6th. Fiscal Impact Funding for this event is included in this year's fiscal budget. Recommendation Approve closure of Main Street for the annual Winterfest Celebration. Prepared by: Ray GonzalesCJ ti/ Director of parkf;! id Recreation Approved by: Robert A. Bradyll ~n City Manager l~ Agenda Item No. 10 Page 1 of 1 CITY OF ~ LAKE 6LSiNO~ ~ DREAM EXtREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: 2009-2010 CDBG ALLOCATION Backaround 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. To qualify for funding, eligible projects must largely benefit low and moderate income persons, eliminate slums or blight, or meet a need having a particular urgency. A recent requirement set forth by the County is the $10,000 minimum request. This is due to the high cost to administer the contracts. Requests for less than that amount will not be approved by the County unless cumulatively the amount totals at least $10,000 from multiple jurisdictions. Discussion For the Fiscal Year 2009-2010 funding program, the City is requesting funding in the amount of $250,000. Based on the $250,000 allocation, the County guidelines limit allocations to public service agencies to fourteen percent of the total allocation. The City's funding request for the total public service program allocation is limited to a maximum of $35,000. The remaining balance of $215,000 is to be allocated to public facility projects. The Parks and Recreation Department held a public meeting on October 20, 2008, inviting local organizations and the general public to attend an informational meeting and to obtain a CDBG application. At the filing deadline of November 14, 2008, the City had received seven (7) applications totaling $115,000. Agenda Item No. 11 Page 1 of 102 2009-2010 CDBG Allocation November 25, 2008 Page 2 Agencies requesting funds are: 1. The Boys and Girls Club of Southwest County - Alberhill Ranch Clubhouse ($30,000). The project is located in Lake Elsinore and the organization is requesting funds to support the Before-and-After-School program provided at the Alberhill Ranch Clubhouse for underserved youth in the City of Lake Elsinore. 2. H.O.P.E. ($30,000). The project is located in Lake Elsinore and the organization operates a food pantry that distributes a balanced menu of groceries to those in need in Lake Elsinore and the surrounding communities. 3. Alternatives to Domestic Violence (ADV) ($15,000). The project is located in Temecula and Lake Elsinore and the organization provides an outreach service program servicing victims and their children impacted by domestic violence in Lake Elsinore and all surrounding unincorporated areas. 4. Assistance League of Temecula Valley ($10,000). The project is located in Temecula and the organization's Operation School Bell provides clothing for children in the Murrieta, Lake Elsinore, Meniffee and Temecula School Districts. 5. H.O.P.E. ($10,000). This project is located in Lake Elsinore and the organization seeks funding to replace freezers used to store perishable foods that are distributed through their food pantry servicing those in need in Lake Elsinore and the surrounding communities. 6. New Vision Children's Services ($10,000). The project facility should be selected and ready for opening on July 1st. The organization's goal is to support families affected by autism and will operate multiple support groups in areas throughout Southwest Riverside County including Lake Elsinore. 7. Senior Citizens Service Center of the Rancho Temecula Area, Inc. ($10,000). The project is located in Murrieta and services various communities including Lake Elsinore. The organization will provide emergency food to all who apply and meet income guidelines as well as to those who are on the streets. City Public Facility Projects are: 1. Lake Community Center ($50,000) for Phase II renovations includes kitchen renovation, replacement of exterior doors, installation of wall mats in the gymnasium, and major wall repairs. Agenda Item No. 11 Page 2 of 102 2009-2010 CDBG Allocation November 25, 2008 Page 3 2. Machado Park Restroom ($80,000) for Phase II of the demolition and replacement of the restroom facility. 3. Code Enforcement - Dangerous Structures Abatement ($50,000) to continue program of identifying substandard properties and buildings throughout the City's redevelopment areas and works with owners to bring their properties into compliance. 4. Nuisance Abatement ($25,000) funds will supplement costs to continue program of identifying Code Violations throughout the City and work with owners to bring their properties into compliance. Total CDBG funding requests for Public Facility Projects and Public Service Programs is $320,000. The total funding requests exceed the City's request for funds by $70,000. Due to the limited CDBG funding and the recent minimum requirement of $10,000 per application, City staff is recommending funding allocations to the Boys and Girls Club and to HOPE. Approval of staffs recommendations will ensure the Boys and Girls Club and HOPE continue to provide the same level of service while faced with an increase demand for services. All seven requests for funding are very worthy and would provide valuable service to our community. Although staff would like to recommend funding all requests, it is prudent to only fund two Public Service Program requests at this time. COBG Fundina Allocation Reauests and Recommendations PUBLIC FACILITY PROJECTS City of Lake Elsinore Lake Community Center Phase II Machado Park Restroom Phase /I Subtotal PUBLIC SERVICE PROGRAMS The Boys and Girls Club H.O.P.E. Food Program Alternatives to Domestic Violence Assistance League of Temecula H.O.P.E. Freezer Replacement New Vision Children's Services Sr. Center of Temecula Rancho Subtotal REQUESTED RECOMMENDATION 2008-2009 $ 50,000 $ 80.000 $130,000 $ 57,500 $ 80.000 $137,500 $ 50,000 $ 80.000 $130,000 $ 30,000 $ 30,000 $ 15,000 $ 10,000 $10,000 $ 10,000 $ 10.000 $115,000 $ 15,000 $ 20,000 $ 0 $ 0 $ 10,000' $ 0 $ 0 $ 45,000 $ 13,605 $ 18,606 $ 0 $ 0 $ 0 $ 0 $ 0 $ 32,211 Agenda Item No. 11 Page 3 of 102 2009-2010 CDBG Allocation November 25, 2008 Page 4 CODE ENFORCEMENT City of Lake Elsinore Dangerous Structure Abatement Nuisance Abatement Subtotal TOTAL $ 50,000 $ 25.000 $ 75,000 $320,000 $ 50,000 $ 25.000 $ 75,000 $250,000 $ 40,183 $ 20.182 $ 60,365 $230,076 . Allocation for Hope freezer replacement will be taken from Public Facility Projects. Fiscal Impact The City of Lake Elsinore's CDBG allocation is anticipated at $250,000 for the 2009- 2010 Year. These funds will be available July 1, 2009. There is no fiscal impact to the general fund resulting from the allocation of CDBG funds. Recommendations 1. Adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2009-2010. 2. Approve submittal of the City's program to the County of Riverside. Prepared by: Claudia Davis Parks and Recr~~iO~alyst Ray Gonzales WV Director of ParKs and Recreation Robert A. Brady llrJ1. City Manager Ju.w Approved by: Approved by: Agenda Item No. 11 Page 4 of 102 CITY OF LAKE ELSINORE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009- 2010 ApPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Bovs & Girls Clubs of Southwest Countv - Alberhill Ranch Clubhouse Location: 3711 Nichols Road City: LakeElsinore. CA Mailing Address: PO Box 892349. Temecula. CA Telephone Number: 951-699-1526 Zip Code: 92530 Zip Code: 92589-2349 Fax Number: 951-699-4273 Executive Director: Michelle Arellano Title CEO Telephone Number: 951-699-1526 E-mail michellea@bacswc.ora Program Manager: Susanne Mata Title: Grants & Public Relations Director Telephone Number: 951-676-6800 E-mail: susannem@bacswc,ora Address (If different from above): 27576 Commerce Center Drive. Suite 109 Grant Writer: Susanne Mata Title: Grants & Public Relations Dir. Telephone Number: 951-676-6800 E-mail:susannem@bacswc.ora II. ORGANIZATIONAL HISTORY: (This is applicable on Iv if you are a non-profit organization). Date Organization founded: 1990 Date Organization incorporated as a non-profit organization: September 4. 1990 Federal identification number: 33-0475756 State identification number: 1671809 Number of paid staff: 105 Number of volunteers: 500 'ATTACH: Current Board of Directors (Label as Attachment 11.1) Articles of Incorporation and By-Laws (Label as Attachment 11.2) 1 Agenda Item No. 11 Page 5 of 102 III. PROJECT ACTIVITY: CDBGFunds Requested: $ 30,000.00 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed . activity)? If the project involves a new or existing facility, what is the proposed servicelbenefit area for the facility? (Attachment III. Project Activity.1) _Countywide (check if project will serve multiple districts and/or cities). City(ies) Lake Elsinore Community(ies) All Regions N/A Other WA What Supervisorial District does the activity occur within? Region 1 Check ONLY the applicable category your application represents. o Real Property Acquisition X Public Service o Rehabilitation/Preservation (please provide picture of structure) o Public Facilities Improvements (construction) Other: (provide description) o Housing IV. PROJECT NARRATIVE: A. Name of Project: The Learnina Connection Specific Location of Project (include street address, if applicable): Addre"" Alberhill Ranch Clubhouse 3711 Nichols Road Lake Elsinore, CA 92530 Attach maps of proposed project(s) location and service area. B. Provide a detailed Proiect Descriotion. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment IV.B.Project Description): 2 Agenda Item No. 11 Page 6 of 102 The Boys & Girls Clubs of Southwest County is requesting a $30,000 grant to support the before & after school program provided at our Alberhill Ranch Clubhouse for underserved youth in the City of Lake Elsinore. The funding will be used for a scholarship program designed to help families in need. The Club will be providing enriching programs, sports leagues and transportation services for youth grades 1 - 8. The facility will be open from 6:30 AM to 7:00PM, Monday through Friday. The grant will provide scholarships for 25 - 35 low- income children (depending on individual financial need) for a whole year. The grant will also provide 1,500 service unit hours to these low-income youth that might otherwise be spent IInattent/etI at home. The City of Lake Elsinore in Riverside County is one of the fastest growing cities in the state of California. According to a study by economist Jon Husing, from 1990-2004, Lake Elsinore grew from 18,316 to 35,358 residents, a gain of 93.0%. As of 2007, the population was estimated to be 47,634, according to the California Department of Finance. . It is a "young" community: 38.9 % of residents are 19 and under. The Lake Elsinore Unified School District serves more than 22,000 children. Today after school, those students in Lake Elsinore will leave campus. Some will go home to a parent, some will go to an after-school program but the vast majority will go it alone. Research from the Department of Justice shoWs that the numbers of youth-related crime doubles between .3:00 and 8:00 pm. During these unsupervised hours, our youth are at risk facing challenges such as violence, access to drugs, alcohol and sexual activity. The Boys & Girls Club programs are designed to increase the self-esteem of members who participate. .Our youth development strategy includes educational activities focusing on personal development. This strategy promotes a sense of belonging, usefulness, influence and competence. Activities are offered in the following areas: Character and Leadership, the Arts, Health and Life skills, Education and Technology and Sports and Recreation. These activities will develop skills in getting along with others, problem solving, communication, goal setting, and decision-making. Through social and recreational activities, members will have fun while acquiring self-confidence and skills in developing interpersonal relationships. 3 Agenda Item No. 11 Page 7 of 102 C. Provide a detailed description of the proposed use of the COBG funds only (i.e. client scholarships, purchase a specific piece of equipment, rent, supplies, etc.): Current funding is not sufficient to meet the increased demand for our services in light of the current economic slowdown and housing crisis. All of our Clubhouses have seen many more families in need of assistance in the past several months and we anticipate a steady increase over the next year. This funding is critical as we continue to respond to the increased need for affordable before and after school care. O. Outcomes and Performance Measures Number of clients or units of service to be provided using CDSG funds onlv during the term of the grant (1-year, 2-year, etc.:) This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of the project (months, year, etc.): 1 vear Unduplicated number of clients projected to serve (e.g.25 clients) 30 Units of service (duplicated. i.e. 25 clients X 10 visits = 250 units of service) 17.0001vear (30 clients x 12 visits x 4 hours/visit) = 1,440hours/month x 12 months = 17.280 hours of servicelvear. Service is provided to (check one or more): OMen 0 Women X Children 0 MenlWomen o MenlWomen/Children ~ Families o Seniors 0 Severely Disabled Adults Range of children's ages 6 -15 vears o Migrant Farm Workers 0 Homeless Number of beds of facility Anticipated number of "new" beds Length of stay (if residential facility) E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? The Learning Connection before and after school program was developed to meet the needs of the Lake Elsinore community by addressing the problem of "latch key" youth. The Boys & Girls Clubs help to fill the gap in youth programming and services by providing easily accessible and affordable before and after school care. Providing scholarship assistance allows us to provide care for families in need regardless of their ability to pay for services. Adequate before and after- school programs allow parents to enter and remain in the workforce. Beyond the 4 Agenda Item No. 11 Page 8 of 102 obvious economic impact to parents is the peace of mind that comes with knowing that their children are in a safe, positive place. The primary reason for children being home alone after school is lack of access to convenient, safe facilities at a reasonable cost. The Lake Elsinore Clubhouse transports approximately70 youth to and from school daily. In its first year of operation, the Lake Elsinore Clubhouse served more than 560 members, with youth participating in sports and recreation programs and in 2007 served over 1,080 youth. Approximately 80% of the Club members enrolled in before & after school programs receive scholarship assistance which allows them to come to the Club, participate in programs, access our transportation services or play sports. All other participants are also subsidized as the cost per child is over $350.00 per month and the organization charges $275.00 per month. The participant subsidy funds come from fund raisers, grants and community contributions received by the Boys & Girls Clubs of Southwest County. The need for scholarship assistance in Lake Elsinore is great and we will continue to turn no child away. The Eloys & Girls Clubs of Southwest County's Alberhill Ranch Clubhouse will use sign-in sheets to track attendance and participation in specific activities. Our web-based KidTrax data management system is used to track enrollment and average daily attendance of youth at our clubhouses. In addition, the ElGCSWC is in the process of streamlining our outcomes measurement process and will soon be conducting pre and post surveys in all core ElGCA programs. This will help us to track changes in behavior, skill and knowledge as a result of participation in our programs. Information collected in the surveys will be used to improve our effectiveness, to report to our Eloard of Directors, funders and supporters. F. Discuss how this proiect will benefit low- and moderate- income residents. The funds requested from the Community Development Ellock Grant would be used only to provide scholarships for those children whose families are unable to afford the full cost of before and after school programs and athletic leagues. The Lake Elsinore CDElG grant would be used for Lake Elsinore residents who are not covered by any other funding source. G. Respond to A & B onlv if this application is for a Dublic service project. (a) Is.this a NEW service provided by your agency? Yes _ NoX-- (b) If service is not new, how will the existing public service activity level be substantially increased? The funding will allow for additional scholarship funding at the Alberhill Ranch Clubhouse located in Lake Elsinore. H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? 5 Agenda Item No. 11 Page 9 of 102 The Boys & Girls Clubs of Southwest County uses innovative recruitment and referral programs to attract low income and/or at risk youth to the Club. Our partnership with the Lake Elsinore Unified School District allows us to distribute flyers advertising our programs and services at Lake Elsinore Schools. The Boys & Girls Clubs of Southwest County's Lake Elsinore Clubhouse has developed a network with other non-profits, schools, law enforcement and other community organizations which help us to recruit new members and attract supporters. Throughout the year, Club staff participate in community outreach activities including Rotary's Oktoberfest, and Christmas Tree Lane. The Boys & Girls Clubs of Southwest County will also market the program via print and electronic media. I. What evidence is there of along-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? The Boys & Girls Clubs of Southwest County has been servicing the under- served youth of Riverside County for 18 years. The Lake Elsinore facility opened in late 2006 and currently serves an average of 69 children per day and 1,452 per month. Of those youth, 25% come from single parent households; 38% qualify for a free or reduced lunch; and 34% of these youth come from families that make below $33,000/annually and 77% of these families make less than $54,000. The Boys & Girls Clubs of Southwest County has continued to expand its operations each and every year since 1990 going from serving a few dozen youth in 1990 to nearly 8,000 in 2007. Two new Clubhouses have opened in the past three years allowing us to serve additional youth. The Boys & Girls Clubs of Southwest County is currently completing the final stage of a capital campaign to support the construction of a new Clubhouse in the French Valley community in 2010. The Boys & Girls Clubs will support this project will continue after the CDSG funds are expended by conducting different fund raising activities throughout the community including the Field of Dreams event held each year at the Storm Stadium. V. PROJECT BENEFIT: All CDSG-funded activities must meet one of three National Objectives ofthe CDSG program. Indicate how the proposed activity will meet a National Objective. CATEGORY 1 Benefit to low-moderate income persons (must be documented). Please identify how you plan to document the persons to be served are low-moderate income persons by providing information in either A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of.the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT SG CT SG 6 Agenda Item No. 11 Page 10 of 102 CT CT BG BG CT CT BG BG # Total population in Census Tract(s) / block group(s) # Total low-moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their familv size. familv income. and ethnicitv. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low-moderate income persons. The Boys & Girls Clubs of Southwest County's Alberhill Ranch Clubhouse will document need by using the "B" Limited Clientele Method. The Boys & Girls Clubs of . Southwest County's Alberhill Ranch Clubhouse will require income verification at the time of application for a scholarship. We will require a copy of the last two current pay stubs and a copy of the previous year's federal tax return, verification of social services benefits and a letter of need. We will use the County of Riverside's financial guidelines for the CDBG Program (as prescribed through the EDA) and require current CDBG paperwork to be completed at the time of application. This information will be updated at least once per year for all participants. . C. Clientele presumed to be principally low- and moderate-income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) D Abused children D Battered spouses D Elderly persons D Severely disabled adults D Homeless persons D Illiterate adults D Persons living with AIDS D Migrant Farm workers Describe your clientele to be served by the activity. CATEGORY 2 Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? ....::Les _~ No If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment Objectives pertaining to the proposed project. (Label attachments: V Category 2, Exhibit 1,2, etc.) CATEGORY 3 Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label attachments: V Project Benefit, Category 3, Exhibit 1,2, etc.) 7 Agenda Item No. 11 Page 11 of 102 VI. FINANCIAL INFORMATION: A. Proposed Proiltct Budget Complete the following annual program budget to begin July 1. If these line items are not applicable to your activity, please attach an appropriate budget. Provide total Budaet information and distribution of CDBG funds in the proposed budaet. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency (EXAMPLE: the Senior Center of the Valley is requesting .funding of a new Senior Nutritional Program. The total cost of the program is $1,000. A total of $500 in CDBG funds are being requested for operating expenses associated with the proposed activity. General funds andlor other income of the center will pick-up the remaining costs for the program). 100% of funding will be used for scholarships for low-income children. TOTAL BUDGET CDBG FUNDS (Include CDBG Fundsl REQUESTED (see attached budget) I. Personnel A. Salaries & Wages $ $ B. Fringe Benefits $ $ C. Consultants & Contract Services $ $ SUB-TOTAL $ $ II. Non-Personnel A. Space Costs $ $ B. Rental, Lease or Purchase of Equipment $ $ C. Consumable Supplies $ $ D. Travel $ $ E. Telephone $ $ F. Other Costs $100.000 $30.000 (Scholarships) SUB-TOTAL $100.000 $30.000 III. Architectural/Engineering Design $ $ IV. Acquisition of Real Property $ $ V. Construction/Rehabilitation $ $ VI. Indirect Costs $ $ TOTAL: $100.000.00 $30,000 00 8 Agenda Item No. 11 Page 12 of 102 B. Leveraging Identify other funding sources (commitments or applications) for funding from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI-B, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Fundina Source United Way Amount Reauested $51,174 Date Available Tvoe of Commitment 7/1/08-6/30/09 1 year Please note that funding will not be applied for (2008-2009) prior to 4/ 2008 Fundraising Remaining Balance Immediately On-Going C. Provide.a summary by line item of your organization's previous year's income and exoense statement. (Attachment VI-C, Exhibits 1, 2, etc.) See attachment of our 2006 audit; our 2007 audit will not be available until 11/30/08 and will be submitted to the County of Riverside as soon as possible. D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes No x Separate COBG requests are made for clubs located in other cities. This project is specifically for the Lake Elsinore site. If yes, identify sources and indicate outcome. If no, please explain E. Was this project previously funded with COBG funds? v.... X Iryes, when? The project was originally funded in 2006 by the City of Lake Elsinore. The Lake Elsinore funding was continued in 2007 as well. No_ Is this activity a continuation of a previously funded (CDBG) project? Yes.lL No_ If yes explain: : The Leamina Connection is and onaoina oroaram of the Bovs & Girls Clubs of Southwest County. The oraanization is committed to orovidina financial scholarshios to all families in need. 9 Agenda Item No. 11 Page 13 of 102 VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activitJesfunded with CDBG or other Federal funds. Include within the description a resource Iist(partnerships) in addition to the source and commitment offunds for the operation and maintenance of the program. Source Activity Year Allocation CDBG 1995 - 2008 $5,000 - $25,000Iyear/city or county generally expended within 6 months) Amount Expended All (grants are No Other Federal Funds Other Formal Partners of The Learning Connection include the United Way of the Inland Valleys All other Funds are raised by the Organization B. Management Systems Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, recording keeping, financial management, etc.? The Boys & Girls Clubs of Southwest County has a strong organizational infrastructure to support the organization's programs and initiatives. There are written policies and procedures in place for all organizational operations. The Club has been providing programming since 1991. Funding for the Boys & Girls Club is a mixture of program fee income, grants, event Income and private donations. C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII-C, Exhibits 1, 2, etc.) Please see attachments VII-C and D. D. Should the applying entity be awarded CDBG funds, identify primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE 5T ART DATE COMPLETION DATE Scholarships for low income July 1 st, 2009 children to attend our before and after school program June 30'h, 2010 10 Agenda Item No. 11 Page 14 of 102 Undersigned hereby certifies that(initial after reading each statement and sign the document): ~' ~. t::. ~/ APPLICATION CERTIFICATION The information contained in the project application is complete and accurate. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. The applicant is fully aware that the federal assistance made available through the CDBG program funding is not being utilized to substantially reduce the prior levels of local financial support for community development activities. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. 6. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). Print NamelTitle Authorized Representative Signature Date l\~ D'i 11 Agenda Item No. 11 Page 15 of 102 o COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009. 2010 ApPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: HelDina Our PeoDle in Elsinore. Inc. (H.O.P.E.) Location: ?9BB52nd St......t IJnit.... R & S City: MaUing Address: Lake Elsinore' Zip Code: 92532 Zip Code: (951) 3456978 (951) 245 7405 Fax Number: Telephone Number: Executive Director: Ron Hewison Title: Chairman & CEO Telephone Number: (951)3456978 Program Manager: Ron Hewison Telephone Number: (951) ~5 AQ7R Address (If different from above): Grant Writer: Ron Hewison Telephone Number: (Q51) ~"AQ7R E-mail: HopeinElsinore@aol.com Title: ChAirmAn & CFO E-mail: Title: ~hClirmClln R. ~I=n E-mail: HopeinElsinore@aol.com II. ORGANIZATIONAL HISTORY: (This is applicable onlv if you are a non-profit organization). Date Organization founded: December 4 1990 Date Organization incorporated as a non-profit organization: April 30, 1992 Federal identification number: 33-0489728 State identification number: 1820572 Number of paid staff: 0 Number of volunteers: 35' A IT ACH: Current Board of Directors (Label as Attachment 11.1) Articles of Incorporation and By-Laws (Label as Attachment 11.2) Agenda Item No. 11 Page 16 of 102 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 10,000 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? Ifthe project involves a new or existing facility, what is the proposed servicelbenefit area for the facility? (Attachment III. Project Activity.1)' X Countywide (check if project will serve multiple districts and/or cities). City(ies) Lake Elsinore, Wildomar, Lakeland Village, Canyon Lake, South Corona, Quail Valley, West Perris - an area of 140 square miles and a population of 100,000+ Community(ies) Regions Other What Supervisorial District does the activity occur within? Districts 1 and 3 Check ONLY the applicable category your application represents. o Real Property Acquisition X Public Service 0 Housing o RehabilitationlPreservation (please provide picture of structure) o Public Facilities Improvements (construction) Other: (provide description) IV. PROJECT NARRATIVE: A. Name of Project: Freezer Replacement Specific Location of Project (include street address, if applicable): Street: 29885 2nd Street, Units R & S City: Lake Elsinore Zip Code: 92532 Attach maps of proposed project(s) location and service area. Agenda Item No. 11 Page 17 of 102 B. Provide a detailed Proiect OescriDtion. The description should only address or discuss the specific activities, services, or project that is to be assisted with COBG funds. If COBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment IV.a.Project Description): HOPE is the local food pantry for the Lake Elsinore area and the surrounding communities of Wildomar, Lakeland Village, Canyon Lake, South Corona, West Perris and North Murrieta. To store the perishable foods we distribute to low-income families we have a total of ten freezers and four refrigerators. The five stand up freezers are in satisfactory condition but the five chest freezers are in need of replacement. We attach a copy of an estimate from Lowe's. On the pages that follow we outline the overall HOPE Pantry Services: HOPE was conceived in 1990 and received IRS exemption to begin operations in 1992. We were created as a central point to help those in need in Lake Elsinore and the surrounding communities. We operate a food. pantry that distributes a balanced menu of groceries to those in need in Lake . Elsinore and the surrounding communities. Initially, we were able to distribute 2.3 days of food to clients. Currently, we have programs that distribute 12 days of food (36 meals) to each family member, each month. Our programs are: 1. Assisting 170 low-income seniors who meet the following reqUirements: )> Aged at least 60 )> Reside in our service area (see the attached map for area served) )> Meet low-income annual income levels, verified each year 2. Deliver Monthly groceries to 55 'shut in' low income seniors who meet these requirements: )> Aged at least 60 )> Reside in our service area )> Meet low-income annual income levels, verified each year )> Have no transport, or are unable to drive, no nearby family members 3. Assisting 35 families where grandparents are raising the grandchildren, meeting the following requirements: )> Reside in our service area )> Verify that they have the children (without the parents) at their home )> Receive total income from all sources that falls within the annual low-income levels as published by CDBG )> Able to verify that the parents are incarcerated, have abandoned the children, are unable to offer the children satisfactory living conditions )> All families in this program are reviewed each .year to ensure that the qualifying requirements are maintained Agenda Item No. 11 Page 18 of 102 4. Assisting 50+ families, single parent raising teenagers, meeting the following requirements: ~ Reside in our service area ~ Raceive total income from all sources that falls within the annual low-income levels as published by CDBG ~ All families in this program are reviewed each year to ensure that the qualifying requirements are maintained 5. The local Department of Public Social Services (DPSS) office refers families to HOPE to act as the bridge between unemployment and/or food stamp application and approval or denial. During the application process time: ~ Clients reside in our servica area ~ DPSS verify that the individuallfamily need is warranted ~ Issue a referral to HOPE for assistance with 12 days of groceries per family member ~ DPSS are permitted to issue multiple refarrals for the same family if the approval process is lengthy or delayed 6. The Lake Elsinore Unified School District (LEUSD) has nominated a staff member at each of the 25 school sites to work with HOPE to ensure that families in need are identified by the health or counseling offices and referred to HOPE for assistance with food for the family. The above six programs constitute our pantry service. During the FY 2007-2008 we distributed over 225,000 meals to the above listed segments of the community. All clients fall within the published low-income guidelines. In addition to the pantry we operate the following programs: 7. Distributing Emergency bags of groceries and hygiene kits (containing supplies for 2-3 days) to: ~ Homeless persons visiting our pantry but who are unable to carry a full 12 days of food ~ Individuals who do not meet the requirements of any of the programs outlined in 1-6 above ~ Homeless individuals who attend a hot meal distribution at a local park ~ Individuals living in tents in local trailer parks and campgrounds 8. We have a clothing program that operates in conjunction (primarily) with the LEUSD. Liaisons at the school sites identify children in the same (or old) clothing and refer the family to us for clothing assistance. On average we help approximately 50 children a month. The need for this program is increasing. 9. At Thanksgiving and Christmas we distribute Holiday Boxes to low-income families and seniors in the community. We will distribute 750+ Boxes in 2008 reaching over 2000 people. Agenda Item No. 11 Page 19 of 102 This chart indicates the achieved growth and anticipated growth in our programs. CDBG funding will assist us in meeting the growing need in the community in line with the projections in the chart. Actual Sarvlces Provided to Clients Prolected Development 2005- . 2006- 2007- 2008- 2009- 2006. 2007 2008 2009 * 2010 * Number of Pantry 62,000 104,000 225,000 300,000 350,000 Meals Individuals Served 1722 2888 6250 8350 9725 Number of Seniors 600 1500 2100 2700 3300 Senior Shut In 120 250 540 720 800 Deliveries Homeless Meals 1000 1500 2000 3000 3500 Holidav Meals 1200 1500 2200 2500 3000 % White 64 62 59 57 55 % Hisoanic 25 29 31 33 35 % Other 11 9 10 10 10 We work with families in need throughout the Lake Elsinore area (including Lake Elsinore, Wildomar; Lakeland Village; Quail Valley; Canyon Lake; N. Murrieta; W. Perris and S. Corona) and . ensure emergency food is available to those in need. This is an area of 140 square miles with a total population of over 100,000. In addition to the referrals mentioned above we visit trailer parks and low-income housing areas and identify clients who are living in poverty and in need of assistance. We see an increasing need in this area and CDBG funding will permit us to extend service to additional families. For 16 years HOPE has worked in the community to offer services and to give assistance with respect and dignity to those in need. With the increase in housing costs in recent years we believe we are helping seniors and families remain in their homes and not become part of the homeless population in Riverside County. Statistics indicate that almost 3500 children in Lake Elsinore are living in poverty - our goal is to ensure they receive food on a regular basis. This is likely to be an ongoing issue with no 'end date' envisaged in the coming years. Lake Elsinore has experienced significant population growth in the past 617 years. This, linked with the rapid rise in housing costs, has increased the need for our services. Improved funding and support in recent years has allowed us. to add programs: seniors at 60+; disability at 50+; single parent raising teenagers and grandparents raising grandchildren have all been introduced and are in addition to the families that are referred to us by DPSS & LEUSD (the School District) and others in the community -.all at income levels that fall within HUD and State low income levels. CDBG funds received would be used to continue to meet the need for these programs and expand them to assist additional families. Many of the seniors in our community are on fixed incomes that have not increased at the same rate as the increase in housing and living costs in recent years. The U.S. Census Report of 2000 indicates 15% of families, 12+% of seniors and 20% of those under age 18 in Lake Elsinore live below the poverty line. We believe that our assistance with food costs is helping keep these groups in their homes, avoiding homelessness. Riverside County completed Homeless Surveys in 2005 and again in 2007. The results indicate that the homeless population in Lake Elsinore has reduced, hopefully, in part due to our programs. All families that receive services complete the self- certification paperwork and a client file is maintained throughout the year. Agenda Item No. 11 Page 20 of 102 C.. Provide a detailed description of the proposed use of the COBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): COBG funds will be used for the purchase of food for distribution to those in need in the community. Funds will also be used for payment of rent, utilities and transportation costs for the food pantry at 29885 2nd Street, Lake Elsinore, CA 92532. We partner with the Lake Elsinore Unified School District (LEUSO) who arrange monthly food drives at the school sites, this resulted in theLEUSO collecting 40,000 food items for HOPE in the most recent school year. Churches, businesses and other organizations also hold drives during the year. Local stores donate approximately 5,000 bread and bakery items to us each month. COBG funds purchase the items that are not donated to us, such as: milk; eggs; meats; and other items on our set menu that are out of stock. , HOPE is an all-volunteer group - no salaries or stipends are paid. Volunteers use their own vehicles for the pick up of bread, bakery and other food products - there is no reimbursement to volunteers for vehicle gas or maintenance costs. The attached sheet, . Categories of Services, (Alt. IV.C.1) lists the various progrems we operate. The published income levels control all programs and income is checked for each client. In this application we have requested $40,000 and believe an explanation may be helpful. In 2002, when our activity was significantly lower than it is today, District 1 funded HOPE in the amount of $20,000. In subsequent years this reduced to $5,000 and has, for two years been $10,000. During the past three years we have experienced a substantially increased demand for assistance. The preceding chart illustrates the growth in our pantry activities. In FY 2005/6 we distributed 61,821 meals via the pantry; in FY 2006-2007 the number of meals distributed increased to 103,608, and, in the latest year we distributed over 225,.000 meals. At our current run rate (over 75,000 meals in Q1) we will exceed 300,000 meals in the FY 2008-2009. Increased COBG funding will assist us in accommodating this growth. In FY ending June 30, 2007 total grant funding accounted for $23,983 (38%) of total cash donations of $62,669. Our 990 Tax Retum indicates total cash and in kind donations of $224,924. We are able to significantly leverage our grant funding within the community. O. Outcomes and PerfonnlilnC8 Measures. Number of clients or units of service to be provided using COBG funds during the term of the grant: 1290 individual clients equaling 445 family units NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of COBG-funded activites project (e.g. months, year): 1 JulY 2009-30 June 201 0 Undupllcated number of clients/persons projected to serve (e.g.25 clients, 50 seniors) 1290 individuals - 445 family units Units of service (duplicated, e.g. 25 clients X 10 visits = 250 units of service) 1290 individuals will receive 36 meals each = 46,440 meals Agenda Item No. 11 Page 21 of 102 Service is provided to (check one or more): X Men X Women X Children X MenIWomen X MenlWomen/Children X Families X Seniors X Severely Disabled Adults Range of children's ages 0 - 18 o MigrantFarm Workers X Homeless Number of beds of facility Anticipated number of "new" beds Leng1h of stay (If residential facility) E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? Our principal goal is to work with seniors and families in need and to ensure they do not go hungry and remain in their homes. We also work closely with the local DPSS and LEUSD SAFER (Students and Families Essential Resources) offices that refer clients in need to our facility. Local churches .are fully aware of our services and also refer clients to us. In addition to the pantry. service we also operate a bread ministry where we pick up bread and bakery items each day from stores and partner with 10 local organizations to distribute the items in the community - we are now distributing approximately 5000 breed and bakery items per month to progrems.such as: The Senior Center, Headstart, Fishes & Loaves (the local soup kitchen) and others. In recent years we have established partnerships with stores and retail outlets that now regularly donate new clothing and household goods to us for distribution within the community. We work regularly with the following local organizations in support of their direct activities: DPSS (Lake Elsinore); SAFER (LEUSD); Headstart (LEUSD); Senior Center (City of Lake Elsinore); Fishes & Loaves (Soup Kitchen); Pouring out Hope (Street service to the Homeless); Various local organizations in their Outreach programs (e.g. rehabilitation homes). We have established a partnership with the School District that enables High School students to complete their required community service at our food distribution each month. All clients sign in at HOPE and complete the required self-certification paperwork. We total the sign in sheets each day and record the number of clients served and meals distributed. The chart on Page 5 illustrates the success of the progrem. All monetary donations received are entered into a daily journal prior to being deposited into the bank. All checks are copied and passed to our Treasurer and outside Accountant for acknowledgment and entry into the monthly accounting schedules. Each disbursement check is copied and the receipts attached. Our outside, independent accountant visits each month and reviews all deposits, all payments, reconciles the bank statement and prepares a full set of financials to include: Profit & Loss statement; Year on Year comparison; Balance Sheet and a listing of all donations and expenditures by check number. Agenda Item No. 11 Page 22 of 102 F. Discuss how this oroiect directly benefits low. and moderate' income residents. We continue to reach out to persons (seniors; grandparents, single parents and low income families) who lack the means to adequately purchase food and clothes fortheirfamilies - we always attempt to offer our services while enabling recipients to maintain their pride and their dignity. Many of our clients are living on a fixed income, which has been severely impacted by the rise in rental costs in recent years. Many would not have the money to purchase food without having access to our facility. Our Outreach to the Homeless population removes the need for them to be on the streets asking for food, or driving them to theft to satisfy their hunger. Our Outreach to theMen'sHomes enables their sponsors to take in more clients and assists these men in putting their lives back together. Families in need are, more easily, able to pay their rents and utilities. We believe that our services, generally, assist in lowering the crime rate in the community while allowing us to render care and compassion to those residents who would often be . passed by. We strongly believe the whole community benefits from our project. G. Respond to A & B only if this application is for a Dub/ic service project. (a) Is this a NEW service provided by your agency? Yes - No X (b) If service is not new, will the existing public service activity level be substantially increased or improved? Three years ago we increased the number of days of food each client receives from 9 days to 12 days. The economy has resulted in more people requiring access to our services. This is evidenced when reviewing the meals distributed via the Pantry: FY 2006 61,821 meals, FY 2007 103,608 meals, and FY 2008 over 225,000 meals. In an attempt to continue to help more clients who are in need we have modified the qualifications for service and introduced additional Categories of Service - the changes we effected have enabled us to service many more members of the community who are in need. We believe the growth we have seen in recent years will continue. We project distributing over 300,000 meals from the pantry in 2009-2010. We have considerably increased our Outreach activities, via partnerships, to reach the homeless; low-income families at the commodities food distribution and trailer parks as well as rehabilitation homes - all of this is beyond the original food pantry service program. It is our wish and intent to continue to increase such activities and increased CDSG funds will assist us greatly in achieving this goal. In recent years we increased our Holiday programs in the distribution of food baskets at both Thanksgiving and Christmas 2007, resulting in over 700 baskets. Hot Meals were delivered to 'shut in' seniors, low-income families, trailer parks and the homeless at Thanksgiving. In all, we believe we reached over 2000 individuals on Thanksgiving Day 2007. We also continued our Christmas Toy Ministry and, in 2007, wera able to distribute over 2000 gifts to the children of low-income families. In early 2006 we re-introduced our Clothing For Kids program and are now helping around 50 school kids a month with their clothing needs. Several local stores support this program. Agenda Item No. 11 . Page 23 of 102 H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? a. H.O.P.E. now appears before the Lake Elsinore City Council 3 or 4 times a year and updates the Council and the residents of our programs and our progress. We have also appeared before the Canyon Lake City Council and outlined our programs. We shall shortly make a prasentation to the new City of Wildomar . b. We communicate regularly with the local Senior Centers in Lake Elsinore and Wildomar c. We agree an annual listing for each of the schools in the LEUSD to participate in a monthly school food drive. This alerts each school family of our activities. In the last School Year the District schools collected 40,000 cans for H.O.P.E. d. We work closely with the School District departments that focus on families in need and have an established referral program with them. We have also established a HOPE liaison at each school site e. One of the major partners we have for identifying those in need is the local DPSS office. When clients visit their office for assistance they issue a referral to HOPE for help during the processing time between applying for assistance and receiving assistance. This is a long-standing partnership that operates very effectively f. We partner with several local Ladies Clubs who have 'drives by food item' each month for H.O.P .E. - again alerting the community to our activities. We work with a local Health .Club on an annual food drive - this has been very successful and we ara looking to extend .this to other clubs in the area g. We are members of the Lake Elsinore Chamber of Commerce and brief the business community on our activities. We attend Rotary Club meetings and outline our programs, which they support. We work with the Lake Elsinore Historical Society on distributing donations they do not require to those in need h. We have established new partnerships with several churches in town where we are able to assist families they know have a need. We are also. on an ongoing basis, increasing our outreach and involvement with additional local churches . i. We attend the LEUSD SAFER (Students And Families Essential Resources) Collaborative meetings and brief participants on the available services j. We partner with local homeless ministries k. Following our gaining responsibility for the USDA program for the Lake Elsinore area we now help an additional 350+ families each month. Many of these families also qualify for CDBG and are advised of the program at the distribution of commodities We believe there is still much to be done in reaching those in need in our community and continue to work diligently to identify additional seniors and families. We cannot stress the huge need we see and the absolute need for ongoing and, hopefully, increased funding to allow us meet the need Agenda Item No. 11 Page 24 of 102 I. What evidence is there of a long-term commitment to the proposal? Describe how you plan.to continue the work (project) after the COBG funds are expended? HOPE is now in it's 17'" year and we anticipate continuing for many more years. Ouring the fiscal year 2006-2007 COBG funding accounted for approximately 25% of our 'cash' budget. Whilst this is a significant proportion of our funding we believe additional funding from other sources: members of the community;. local businesses; churches; corporate grants; City of Lake Elsinore and our own fundraising will ensure our continuation. . We would also mention the very high support we receive from the community in donating food items to us. The School District with 40,000 food items; other drives in excess of 10,000 food items and the local stores with in excess of 60,000 bread and bakery items. In addition we have recently partnerad with Albertsons on their 'Fresh Rescue' program whereby they donate to us 5 times a week the following items: prepackaged salads; milk; eggs; meats, deli items etc. This is a huge help in meeting emergency needs on Fridays and Saturdays. . Our latest 990 tax retum indicates that the grant percentage would be closer to 11 % of activities when taking account of the value of 'in kind' donations. We continue to meet with potential donors on a regular basis. It is our very strong belief that this program is. a partnership between the Community, the City and the County and it is in the interest of all parties to see the program continue to serve those in need. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: B. Um"" Clientele: The project serves clientele that will Drovide documentation of their familv size. income. and ethnlcitv. Identify the procedure you currently have in place to document that at least 51 % of the clientele you serve. are low-moderate income persons. Several of our pantry and office staff members have been with us since the very beginning and we continue to bring In new volunteers on an ongoing basis. Our experience in serving the community has developed greatly in.recent years and we see further growth in the coming years. Pantry clients arrive at H.O.P.E. and complate the sign in sheet. Our reception staff determines if the client has been previously serviced. . If the client has not previously visited HOPE we Complete a registration form; copy a photo 10 and interview the client to determine the family circumstances and complete the COSG self certification form. If the client meets all of the requirements of one of the programs outlined on Pages 3 and 4 they are serviced. A pantry slip is then prepared and the order is placed with the pantry staff that then gathers the order in accordance with established, printed menus that indicate the items and quantities of food to betaken from the pantry shelves to meet the 3 meals per day for 12 days goal. Homeless clients who are serviced on the street and in campgrounds do not complete the full paperwork but we do maintain a record of the service. Agenda Item No. 11 Page 25 of 102 o COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009- 2010 ApPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: HelDina Our PeoDle in Elsinore. Inc. (H.O.P.E.l Location: '98R5 ,00 St......t Unit.. R & S City: Mailing Address: Lake Elsinore Zip Code: Zip Code: 92532 (951) 3456978 (951) 245 7405 Fax Number: Telephone Number: Telephone Number: (951) 345 6978 Program Manager: Ron Hewison Telephone Number. (951) ~5 R97R Address (If different from above): Grant Writer: Ron Hewison . Telephone Number: (!:l51) 345 fl!:l7R Title: Chairman & CEO E-mail: HopeinElsinore@aol.com Title: roh..i""..n R. CEO Executive Director: Ron Hewison E-mail: Title: Chairman R. ~I=t"\ E-mail: HopeinElsinore@aol.com II. ORGANIZATIONAL HISTORY: (This is applicable onlv if you are a non-profit organization). Date Organization founded: December 4 1990 Date Organization incorporated as a non-profit organization: April 30,1992 Federal identification number: 33-0489728 State identification number: 1820572 Number of paid staff: 0 Number of volunteers: 35 ATTACH: Current Board of Directors (Label as Attachment 11.1) Articles of Incorporation and By-Laws (Label as Attachment 11.2) Agenda Item No. 11 Page 26 of 102 III. PROJECT ACTIVITY: COSG Funds Requested: $ 30,000 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? Ifthe project involves a new or existing facility, what is the proposed serviceJbenefit area for the facility? (Attachment III. Project Activity.1) X Countywide (check if project will serve multiple districts and/or cities). City(ies) Lake Elsinore, Wildomar, Lakeland Village, Canyon Lake, South Corona, Quail Valley, West Perris - an area of 140 square miles and a population of 100,000+ Community(ies) Regions Other What Supervisorial District does the activity occur within? Districts 1 and 3 Check ONLY the applicable category your application represents. o Real Property Acquisition X Public Service 0 Housing o RehabilitationlPreservation (please provide picture of structure) o Public Facilities Improvements (construction) Other: (provide description) IV. PROJECT NARRATIVE: A. Name of Project: PantrY Services SpeCific Location of Project (include street address, if applicable): Street: 29885 2nd Street, Units R & S City: Lake Elsinore Zip Code: 92532 Attach maps of proposed project(s) location and service area. Agenda Item No. 11 Page 27 of 102 B. Provide a detailed Proiect Oescriotion. The description should only address or discuss the specific activities, services, or project that is to be assisted with COBG funds. If COSG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment IV.B.Project Description): HOPE was conceived in 1990 and received IRS exemption to begin operations in 1992. We were created as a central point to help those in need in Lake Elsinore and the surrounding communities. We operate a food pantry that distributes a balanced menu of groceries to those in need in Lake Elsinore and the surrounding communities. Initially, we were able to distribute 2-3 days of food to e1ients. . Currently, we have programs that distribute 12 days of food (36 meals) to each family member, each month. Our programs are: 1. Assisting 170 low-income seniors who meet the following requirements: }> Aged at least 60 }> Reside in our service area (see the attached map for area served) }> Meet low-income annual income levels, verified each year 2. Deliver Monthly groceries to 55 'shut in' low income seniors who meet these requirements: }> Aged at least.60 }> Reside in our service area }> Meet low-income annual income levels, verified each year }> Have no transport, or are unable to drive, no nearby family members 3. Assisting 35 families where grandparents are raising the grandchildren, meeting the following requirements: }> Reside in our service area }> Verify that they have the children (without the parents) at their home }> Receive total income from all sources that falls within the annual low-income levels as published by CDSG }> Able to verify that the parents are incarcerated, have abandoned the children, . are unable to offer the children satisfactory living conditions }> All families in this program are reviewed each year to ensure that the qualifying requirements are maintained 4. Assisting 50+ families, single parent raising teenagers, meeting the following requirements: . }> Reside in our service area }> Receive total income from all sources that falls within the annual low-income levels as pUblished by COSG }> All families in this program are reviewed each year to ensure that the qualifying requirements are maintained Agenda Item No. 11 Page 28 of 102 5. The local Department of Public Social Services (DPSS) office refers families to HOPE to act as the bridge between unemployment and/orfood stamp application and approval or denial. During the application process time: ~ Clients reside in our service area ~ DPSS verify that the individuallfamily need is warranted ~ Issue a referral to HOPE for assistance with 12 days of groceries per family member ~ DPSS are permitted to issue multiple referrals for the same family if the approval process is lengthy or delayed 6. The Lake Elsinore Unified School District (LEUSD) has nominated a staff member at each of the 25 school sites to work with HOPE to ensure that families in need are identified by the health or counseling offices and referred to HOPE for assistance with food for the family. The above six programs constitute our pantry service. During the FY 2007-2008 we distributed over 225,000 meals to the above listed segments ofthecommunity. All clients fall within the published low-income guidelines. In. addition to the pantry we operate the following programs: 7. Distributing Emergency bags of groceries and hygiene kits (containing supplies for 2-3 days) to: ~ Homeless persons visiting our pantry but who are unable to carry a full 12 days offood ~ Individuals who do not meet the requirements of any of the programs outlined in 1-6 above ~ Homeless individuals who attend a hot meal distribution at a local park ~ Individuals living in tents in local trailer parks and campgrounds 8. We have a clothing program that operates in conjunction (primarily) with the LEUSD. Liaisons at the school sites identify children in the same (or old) clothing and refer the family to us for clothing assistance. On average we help approximately 50 children a rnonth. The need for this program is increasing. 9. At Thanksgiving and Christmas we distribute Holiday Boxes to low-income families and seniors in the community. We will distribute 750+ Boxes in 2008 reaching over 2000 people.i Agenda Item No. 11 Page 29 of 102 This chart indicates the achieved growth and anticipated growth in our programs. COBG funding will assist us in meeting the growing need in the community in line with the projections in the chart. Actual Services Provided to Clients Develooment 2005- 2006- 2007- 2008- 2009- 2006 2007 2008 2009 * 2010. Number of Pantry 62,000 104,000 225,000 300,000 350,000 Meals Individuals Served 1722 2888 6250 8350 9725 Number of Seniors 600 1500 2100 2700 .3300 Senior Shut In 120 250 540 720 800 Deliveries . Homeless Meals 1000 1500 2000 3000 3500 Holidav Meals 1200 1500 2200 2500 3000 % White 64 62 59 57 55 % Hisoanic 25 29 31 33 35 % Other 11 9 10 10 10 We work with. families in need throughout the Lake Elsinore area (including Lake Elsinore, Wildomar; Lakeland Village; Quail Valley; Canyon Lake; N. Murrieta; W. Perris and S. Corona) and ensure emergency food is available to those in need. This is an area of 140 square miles with a total population of over 100,000. In addition to the referrals mentioned above we visit trailer parks and low-income housing areas and identify clients who are living in poverty and in need of assistance. We see an increasing need in this area and COBG funding will permit us to extend service to additional families. . For 16 years HOPE has worked in the community to offer services and to give assistance with respect and dignity to those in need. With the increase in housing costs in recent years we believe we are helping seniors and families remain in their homes and not become part of the homeless population in Riverside County. Statistics indicate that almost 3500 children in Lake Elsinore are living in poverty - our goal is to ensure they receive food on a regular basis. This is likely to be an ongoing issue with no 'end date' envisaged in the coming years. Lake Elsinore has experienced significant population growth in the past 6fT years. This, linked with the rapid rise in housing costs, has increased the need for our services. Improved funding and support in recent years has allowed us to add programs: seniors at 60+; disability at 50+; single parent raising teenagers and grandparents raising grandchildren have all been introduced and are in addition to the families that are referred to us by DPSS & LEUSO (the School District) and others in the community - all at income levels that fall within HUO and State low income levels. CDBG funds received would be used to continue to meet the need for these programs and expand them to assist additional families. Many of the seniors in our community are on fixed incomes that have not increased at the same rate as the increase in housing and living costs in recent years. The U.S. Census Report of 2000 indicates 15% of families, 12+% of seniors and 20% of those under age 18 in Lake Elsinore live belOw the poverty line. We believe that our assistance with food costs is helping keep these groups in their homes, avoiding homelessness. Riverside County completed Homeless Surveys in 2005 and again in 2007. The results indicate that the homeless popUlation in Lake Elsinore has reduced, hopefully, in part due to our programs. All families that receive services complete the self- certification paperwork and a client file is maintained throughout the year. Agenda Item No. 11 Page 30 of 102 C. Provide a detailed description of the proposed use ofthe CDSG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): CDSG funds will be used for the purchase of food for distribution to those in need in the community. Funds will also be used for payment of rent, utilities and transportation costs for the food pantry at 29885 2nd Street, . lake Elsinore, CA 92532. We partner with the lake Elsinore Unified School District (lEUSD) who arrange monthly food drives at the school sites, this resulted in the lEUSD collecting 40,000 food items for HOPE in the most recent school year. Churches, businesses and other organizations also hold drives during the year. local stores donate approximately 5,000 bread and bakery items to us each month. CDSG funds purchase the items that are not donated to us, such as: milk; eggs; meats; and other items on our set menu that are out of stock. HOPE is an all-volunteer group - no salaries or stipends are paid. Volunteers use their own vehicles for the pick up of bread, bakery and other food products - there is no reimbursement to volunteers for vehicle gas or maintenance costs. The attached sheet, Categories of Services, (Att. IV.C.1) lists the various programs we operate. The published income levels control all programs and income is checked for each client. In this application we have requested $30,000 and believe an explanation may be helpful. In 2002, when our activity was significantly lower than it is today, District 1 funded HOPE in the amount of $20,000. In subsequent years this reduced to $5,000 and has, for two years been $10,000. During the past three years we have experienced a substantially increased demand for assistance. The preceding chart illustrates the growth in our pantry activities. In FY 2005/6 we distributed 61,821 meals via the pantry; in FY 2006-2007 the number of meals distributed increased to 103,608, and, in the latest year we distributed over 225, 000 meals. At our current run rate (over 75,000 meals in Q1) we will exceed 300,000 meals in the FY 2008-2009. Increased CDBG funding will assist us in accommodating this growth. In FY ending June 30, 2007 total grant funding accounted for $23,983 (38%) oftotal cash donations of $62,669. Our 990 Tax Retum indicates total cash and in kind donations of $224,924. We are able to significantly leverage our grant funding within the community. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: 1290 individual clients equaling 445 family units NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. length of CDBG-funded activites project (e.g. months, year):1 Julv 2009-30 June 2010 Unduplicated number of clients/persons projected to serve (e.g.25 clients, 50 seniors) 1290 individuals - 445 family units Units of service (duplicated, e.g. 25 clients X 10 visits = 250 units of service) 1290 individuals will receive 36 meals each = 46,440 meals Agenda Item No. 11 Page 31 of 102 Service is provided to (check one or more): X Men X Women X X MenlWomen/Children X X Seniors X Severely Disabled Adults o Migrant Farm Workers X Homeless Number of beds of facility Anticipated number of "new" beds Length of stay (if residential facility) Children X MenlWomen Families Range of children's ages 0 -18 E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? Our principal goal is to work with seniors and families inneed and to ensure they do not go hungry and remain in their homes. We also work closely with the local DPSS and LEUSD SAFER (Students and Families Essential Resources) offices that refer clients in need to our facility. Local churches are fully aware of our services and also refer clients to us. In addition to the pantry service we also operete a bread ministry where we pick up bread and bakery items each day from stores and partner with 10 local organizations to distribute the items in the community - we are now distributing approximately 5000 bread and bakery items per month to programs such as: The Senior Center, Headstart, Fishes & Loaves (the local soup kitchen) and others. In recent years we have established partnerships with stores and retail outlets that now regularly donate new clothing and household goods to us for distribution within the community. We work regularly with the following local organizations in support of their direct activities: DPSS (Lake Elsinore); SAFER (LEUSD); Headstart (LEUSD); Senior Center (City of Lake Elsinore); Fishes & Loaves (Soup Kitchen); Pouring out Hope (Street service to the Homeless); Various local organizations in their Outreach programs (e.g. rehabilitation homes). We have established a partnership with the School District that enables High School students to complete their required community service at our food distribution each month. All clients sign in at HOPE and complete the required self-certification paperwork. We total the sign in sheets each day and record the number of clients served and meals distributed. The chart on Page 5 illustrates the success of the program. All monetary donations received are entered into a daily journal prior to being deposited into the bank. All checkS are copied and passed to our Treasurer and outside Accountant for acknowledgl1:1ent and entry into the monthly accounting schedules. Each disbursement check is copied and the receipts attached. Our outside, independent accountant visits each month and reviews all deposits, all payments, reconciles the bank statement and prepares a full set of financials to include: Profit & Loss statement; Year on Year comparison; Balance Sheet and a listing of all donations and expenditures by check number. Agenda Item No. 11 Page 32 of 102 F. Discuss how this Droiect directly benefits low- and moderate-income residents. We continue to reach out to persons (seniors; grandparents, single parents and low income families) who lack the means to adequately purchase food and clothes for their families - we always attempt to offer our services while enabling recipients to maintain their pride and their dignity. Many of our clients are living on a fixed income, which has been severely impacted by the rise in rental costs in recent years. Many would not have the money to purchase food withouthavinga~ to our facility. Our Outreach to the Homeless population removes the need for them to be on the streets asking for food, or driving them to theft to satisfy their hunger. Our Outreach to the Men's Homes enables their sponsors to take in more clients and assists these men in putting their lives back together. Families in need are, more easily, able to pay their rents and utilities. We believe that our services, generally, assist in lowering the crime rate in the community while allowing us to render care and compassion to those residents who would often be passed by. We strongly believe the whole community benefits from our project. G. Respond to A & B onlv If this application. is for a Dublle service project (a) Is this a NEW service provided by your agency? Yes _ No X (b) If service is not new, will the existing public service activity level be substantially increased or improved? Three years.ago we increased the number of days of food each client receives from 9 days to 12 days. The economy has resulted in more people requiring access to our services. This is evidenced when reviewing the meals distributed via the Pantry: FY 2006 61,821 meals, FY 2007 103,608 meals, arid FY 2008 over 225,000 meals. In an attempt to continue to help more clients who are in need we have modified the qualifications for service and introduced additional Categories of Service - the changes we effected have enabled us to service many more members of the community who are in need. We believe the growth we have seen in recent years will continue. We project distributing over 300,000 meals from the pantry in 2009-2010. We have considerably increased our Outreach activities, via partnerships, to reach the homeless; low-income families at the commodities food distribution and trailer parks as well as rehabilitation homes - all of this is beyond the original food pantry service program. It is our wish and intent to continue to increase such activities and increased CDBG funds will assist us greatly in achieving this goal. In recent years we increased our Holiday programs in the distribution of food baskets at both Thanksgiving and. Christmas 2007, resulting in over 700 baskets. Hot Meals were delivered to 'shut in' seniors, low-income families, trailer parks and the homeless at Thanksgiving. In all, we believe we reached over 2000 individuals on Thanksgiving Day 2007. We also continued our Christmas Toy Ministry and, in 2007, were able to distribute over 2000 gifts to the children of low-income families. In early 2006 we re-introduced our Clothing For Kids program and are now helping around 50 school kids a month with their clothing needs. Several local stores support this program. Agenda Item No. 11 Page 33 of 102 . H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? a. H.O.P.E. now appears before the Lake Elsinore City Council 3 or 4 times a year and updates the Council and the residents of our programs and our progress. We have also appeared before the Canyon Lake City Council and outlined our programs. We shall shortly make a presentation to the new City of Wildomar b. We communicate regularly with the local Senior Centers in Lake Elsinore and Wildomar c. We agree an annual listing for each of the schools in the LEUSD to participate in a monthly school food drive. This alerts each school family of our activities. In the last School Year the District schools collected 40,000 cans for H.O.P.E. d. We work closely with the School District departments that focus on families in need and have an established referral program with them. We have also established a HOPE liaison at each school site e. One of the major partners we have for identifying those in need is the local DPSS office. When clients visit their office for assistanca they issue a referral to HOPE for help during the processing time between applying for assistance and receiving assistance. This is a long-standing partnership that operates very effectively f. We partner with several local Ladies Clubs who have 'drives by food item' each month for H.O.P.E. - again alerting the community to our activities. We work with a local Health Club on an annual food drive - this has been very successful and we are looking to extend this to other clubs in the araa g. We are members of.the Lake Elsinore Chamber of Commerce and brief the business community on our activities. We attend Rotary Club meetings and outline our programs, which they support. We work with the Lake Elsinore Historical Society on distributing donations they do not require to those in need h. We have established new partnerships with several churches in town where we are able to assist families they know have a need. We are also, on an ongoing basis, increasing our outreach and involvement with additional local churches i. We attend the LEUSD SAFER (Students And Families Essential Resources) Collaborative meetings and brief participants on the available services j. We partner with local homeless ministries k. Following our gaining responsibility for the USDA program for the Lake Elsinore area we now help an additional 350+ families each month. Many of these families also qualify for CDBG and are advised of the program at the distribution of commodities We believe there is still much to be done in reaching those in need in our community and continue to work diligently to identify additional seniors and families. We cannot stress the huge need we see and the absolute need for ongoing and, hopefully, increased funding to allow us meet the need Agenda Item No. 11 Page 34 of 102 I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? HOPE is now in it's 17th year and we anticipate continuing for many more years. During the fiscal year 2006-2007 COBG funding accounted for approximately 25% of our 'cash' budget. Whilst this is a significant proportion of our funding we believe additional funding from other sources: . members of the community; local businesses; churches; corporate grants; City of Lake Elsinore and our own fundraising will ensure our continuation. We would also mention the very high support we receive from the community in donating food items to us. The School District with 40;000 food items; other drives in excess of 10,000 food items and the local stores with in excess of 60,000 bread and bakery items. In . addition we have recently partnered with Albertsons on their 'Fresh Rescue' program whereby they donate to us 5 times a week the following items: prepackaged salads; milk; eggs; meats, deli items etc. This is a huge help in meeting emergency needs on Fridays and Saturdays. Our latest 990 tax return indicates that the grant percentage would be closer to 11 % of activities when taking account of the value of 'in kind' donations. We continue to meet with potential donors on a regular basis. It is our very strong belief that this program is a partnership between the Community, the City and the County and it is in the interest of all parties to see the program continue to serve those in need. v. PROJECT BENEFIT: All COBG-funded activities must meet at least one of three National Objectives of the COBG program. Indicate the category of National Objective to be met by your activity: B. Limited Clientele: The project serves clientele that will orovide documentation of their familv size. income. and ethnicitv.ldentify the procedure you currently have in place to document that at least 51 % of the clientele you serve are low-moderate income persons. Several of our pantry and office staff members have been with us since the very beginning and we continue to bring in new volunteers on an ongoing basis. Our experience in serving the community has developed greatly in recent years and we see further growth in the coming years. Pantry clients arrive at H.O.P.E. and complete the sign in sheet. Our reception staff determines if the client has been previously serviced. If the client has not previously visited HOPE we complete a registration form; copy a photo 10 and interview the client to determine the family circumstances and complete the COBG self certification form. If the client meets all of the requirements of one of the programs outlined on Pages 3 and 4 they are serviced. A pantry slip is then prepared and the order is placed with the pantry staff that then gathers the order in accordance with established, printed menus that indicate the items and quantities of food to be taken from the pantry shelves to meet the 3 meals per day for 12 days goal. Homeless clients who are serviced on the street and in campgrounds do not complete the full paperwork but we do maintain a record of the service. Agenda Item No. 11 Page 35 of 102 rt:; (fj) WJ ~ COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009- 2010 ApPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Alternatives to Domestic Violence (ADV) Location: ADV's Administrative Office is at 4351 Latham St., Suite 201 City Riverside Zip Code 92501 Mailing Address: P.O. Box 910 Zip Code 92502 Telephone Number: (951)320-1370 Fax Number: (951)320-1381 Executive Director: Eliza Danielv-Woolfolk Title: Chief Executive Officer Telephone Number: (951) 320-1370 E-mail: edwoolfolklWadv-besafe.oro Program Manager: Kate Thibault Title: Director Outreach Proarams Telephone Number: (951) 320-1370 E-mail: kthibault@adv-besafe.org Address (If different from above): same as above Grant Writer: Jill Walker Kowalski Title: Grantwriter/consultant Telephone Number: (909)273-1622 E-mail: adviwalker@tyahoo.com II. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization). Date Organization founded: 1978 Date Organization incorporated as a non-profit organization: 1978 Federal identification number: 95-3212844 State identification number: 0-0840332 Number of paid staff: 42 Number of volunteers: 24 ATTACH: Current Board of Directors (Label as Attachment 11.1) Articles of Incorporation and By-Laws (Label as Attachment 11.2) 1 Agenda Item No. 11 Page 36 of 102 III. PROJECT ACTIVITY: CDBG Funds Requested: $ $15,000 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment III. Project Activity. 1 ) 181 Countywide (check if project will serve multiple districts and/or cities). City(ies): Services are provided for Lake Elsinore residents at ADV's Temecula Outreach Office. 42145 Lvndie Lane. Temecula. 92591 and at the Riverside County Department of Public Social Services Office in Lake Elsinore. Shelter services are provided at a confidential location in Southwestern Riverside County (shelter address remains undisclosed for client protection). Community(ies): This proiect serves the City of Lake Elsinore and all surrounding unincorporated areas. Regions: ADV provides services throughout western Riverside County. Other What Supervisorial District does the activity occur within? Primarily in Districts 1, 2, 3 and 5. ADV also provides services to residents in District 4 throuah intercounty aareements with Shelter from the Storm. Check ONLY the applicable category your application represents. o Real Property Acquisition 181 Public Service o Rehabilitation/Preservation (please provide picture of structure) o Public Facilities Improvements (construction) Other: (provide description) o Housing IV. PROJECT NARRATIVE: A. Name of Project: Outreach Services to Families Impacted by Domestic Violence SpeCific Location of Project (include street address, if applicable): Street: Services are provided for Lake Elsinore residents at ADV's Temecula Outreach Office. 42145 Lyndie Lane. Temecula. 92591 and at the Riverside County Department of Public Social Services Office in Lake Elsinore. Shelter services are provided at a confidential location in Southwestern Riverside County (shelter address remains undisclosed for client protection). 2 Agenda Item No. 11 Page 37 of 102 Attach maps of proposed project(s) location and service area. B. Provide a detailed Proiect Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment IV.B.Project Description): ADV is requesting funding for operational expenses associated with its Outreach Services Program that serves victims and their children impacted by domestic violence through an organized system of networking with numerous community agencies and service providers. This includes four outreach offices throughout western Riverside County and the presence of five full-time domestic violence advocates who provide ADV services at II Riverside County Department of Public Social Services (DPSS) offices, including a DPSS office in the City of Lake Elsinore. A full-time Outreach office in Temecula also serves Lake Elsinore residents with a full-time domestic violence advocate and a part-time therapist. ADV offers all of its services at no cost to victims of domestic violence who live in communities throughout western Riverside County, including the City of Lake Elsinore. This includes men as well as women and children regardless of their socioeconomic status, race, ethnicity, religion or age. Through ADV's Outreach Services Program, domestic violence advocates provide comprehensive services to victims and their children in offices centrally-located throughout western Riverside County that are open during business hours Monday through Friday (and in the evening as needed or for scheduled support groups). Bilingual staff is also available to assist Spanish-speaking clients. The services provided through the Outreach Services Program include: . safety assessment and planning, including helping the victim develop her own safety plan; . comprehensive case management; . individual paraprofessional counseling (individual and support groups) in English and Spanish; . Individual, family and group counseling by a licensed therapist; . referrals to medical and social services; . referrals and advocacy in obtaining housing resources (including relocation assistance and emergency shelter); . assistance in completing a Temporary Restraining Order (TRO); . court accompaniment; . I2-week parenting program, "For our Children"; and . Aftercare program that includes a weekly support group covering topics related to resume building, interviewing for ajob and job search, budgeting, time management, coping with stress, life crisis management, conflict resolution and health related topics. ADV's Outreach Services Program is a vital component in its service delivery system for victims of domestic violence, especially for those who still live with their abusers and for those who have left the relationship but who still need counseling, support, and advocacy services to break the intergenerational pattern of domestic violence. Post-shelter follow-up services can also enhance 3 Agenda Item No. 11 Page 38 of 102 the probability of a victim's successful transition to a violence-free life. By assisting victims earlier in the cycle of violence, outreach services have the potential to reduce the need for more shelter services and to stimulate long-term benefits for victims and their children. Families who receive assistance through the Outreach Services Program and meet eligibility criteria also have access to Casa de Paz, ADV's emergency shelter and residential living facility. Casa de Paz opened in 2005 and is the only shelter program for domestic violence victims and their families in western Riverside County. The shelter program includes a state-licensed child development center, a training center for women, counseling services, advocacy and comprehensive case management. Located in Supervisorial District three (3), the 17,000 square foot, 60-bed facility also serves Districts 1,2 and 5. The fourth Supervisorial District covers the eastern portion ofthe county and is not within ADV's primary service area. However, ADV regularly serves clients from this area and collaborates with Shelter from the Storm, the domestic violence shelter serving the eastern region. ADV and SFTS regularly do inter-county referrals to ensure the safety of women and their children. During the 2007-2008 fiscal year, ADV assisted 123 (123) Lake Elsinore residents on its 24-hour crisis line and provided 20 I (285) units of service to 51 (61) new and 77 (106) continuing adult clients who live in the community. These service units included: advocacy, referrals, individual and group counseling and assistance with restraining orders and court accompaniment. In addition, ADV also provided 209 (I 9) shelter bednights to two women and two children from Lake Elsinore in its emergency shelter and transitional living facility. The number of bednights provided to Lake Elsinore residents increased by 1,OOO%from the previous year as victims and their children are able to stay for longer periods and participate in programs that help stabilize them and foster self-Slif.ficiency. ADV also provides individual, family and group counseling to children and their mothers (or fathers if they are identified as the victim) who need immediate assistance in dealing with the exposure of domestic violence. ADV subcontracts with a licensed Marriage and Family Therapist (MFT) who specializes in counseling children and victims who are impacted by domestic violence. These services are provided to Lake Elsinore residents at ADV's Temecula and Hemet Outreach offices and at Casa de Paz, ADV's emergency shelter and transitional living facility. It is projected that the following services will be provided to Lake Elsinore residents during FY 2009-2010: . Respond to at least 120 calls made by residents of the City of Lake Elsinore on the 24-hour Crisis Line (toll-free, countywide), proviqing crisis intervention counseling, information and referrals. . Provide emergency and transitional shelter to battered women and children through Casa de Paz, ADV's newly constructed 60-bed residential shelter for domestic violence victims (the number of Lake Elsinore residents who access this service fluctuates each year and is difficult to estimate). . Provide an estimated 200 units of service to approximately 50 families (domestic violence 4 Agenda Item No. 11 Page 39 of 102 victims and their children) with advocacy services, including individual counseling, support groups, emergency food and clothing, assistance with temporary restraining orders and emergency transportation through the Outreach Services Program. . Provide community education presentations to increase public knowledge of the nature and scope of domestic violence and raise awareness of services available. This includes awareness in- service trainings to law enforcement, legal professionals, medical personnel, social service providers, clergy, school instructors and employers throughout western Riverside County and specifically, the City of Lake Elsinore. C. Provide a detailed description ofthe proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): COBO funding will be used toward operating costs for services provided to victims and their children impacted by domestic violence in the City of Lake Elsinore. Specifically, funding will be used to operate the Outreach Services Program in Temecula, which primarily serves residents of the city. These costs include a portion of the rent and utilities for the office and to help fill any shortages in staff salaries for the program. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: It is oroiected that 50 Lake Elsinore residents will receive aooroxirnatelv 200 units of service during a one-vear oeriod. NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activites project (e.g. months, year): 12 months Unduplicated number of clients/persons projected to serve (e.g.25 clients, 50 seniors) 50 Units of service (duplicated, e.g. 25 clients X 10 visits = 250 units of service) Service is provided to (check one or more): OMen 1:8:1 Women 1:8:1 Children 0 MenlWomen o MenlWomen/Children 1:8:1 Families o Seniors 0 Severely Disabled Adults Range of children's ages o Migrant Farm Workers 1:8:1 Homeless Number of beds of facility 60 beds available; currently using only 35 due to staffing. Anticipated number of "new. beds: 5 new beds. Length of stay (if residential facility) 45 days (emergency stav) and UD to six months for transitional housina Droaram. 5 Agenda Item No. 11 Page 40 of 102 E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? The primary goals of ADV's Outreach Services Program are to: 1) Ensure a victim's safety; 2) Help victims understand the dynamics of domestic violence; 3) Assist victims in identifying and dealing with their feelings by exploring available options with them to help them improve their situation; 4) Provide practical information regarding resources; and 5) Support and promote a victim's ability to make their own choices. These goals are aligned with the broader goals of ADV to: . Provide victims of domestic violence with alternative ways of dealing with physical and/or emotional abuse through education, counseling, shelter, non-judgmental emotional support, legal advocacy, and transitional housing assistance; . Increase community awareness of the problem; . Serve as an advocate on behalf of all victims of domestic violence; . Find ways and means to decrease the frequency, magnitude and recurrence of domestic violence; and . Break the generational cycle of domestic violence and victimization. These goals will be accomplished through the following service objectives (also stated in the Project Description, section B). . Respond to at least 120 calls made by residents of the City of Lake Elsinore on the 24-hour Crisis Line (toll-free, countywide), providing crisis intervention counseling, information and referrals. . Provide emergency and transitional shelter to battered women and children through Casa de Paz, ADV's newly constructed 60-bed residential shelter for domestic violence victims (the number of Lake Elsinore residents who access this service fluctuates each year and is difficult to estimate). . Provide an estimated 200 units of service to approximately 50 families (domestic violence victims and their children) with advocacy services, including individual counseling, support groups, emergency food and clothing, assistance with temporary restraining orders and emergency transportation through the Outreach Services Program. . Provide community education presentations to increase public knowledge of the nature and scope of domestic violence and raise awareness of services available. This includes awareness in- service trainings to law enforcement, legal professionals, medical personnel, social service providers, clergy, school instructors and employers throughout western Riverside County and specifically, the City of Lake Elsinore. 6 Agenda Item No. 11 Page 41 of 102 Performance measurement criteria: ADV's executive management, program directors and staff have collaborated with a consultant with extensive expertise in evaluating domestic violence programs to design and implement a performance measurement system for the organization. ADV's outcomes measurement system was implemented on July 1,2008 and will determine whether the services offered are having a positi ve impact on clients and will provide an empirical basis for improving the quality of ADV's services. The findings of this performance measurement project will be given to the agency's funders and major stakeholders to: . Prove the effectiveness of all service and programs; . Ensure accountability to ADV's public and private donors and funders; and . Demonstrate the value of the diverse and innovative service models that have evolved throughout the organization. Several outcome measurement tools were reviewed and explored during the process of developing ADV's performance measurement criteria. As a result, ADV adopted the Resolution Dispute Scale (RDS) developed by Dr. Wendy 1. Yasinski. The RDS was originally created to assist Family Court Mediators to assess the prevalence and severity of domestic violence within the court system, however, it is used by a variety of organizations because of its simplicity and ease in administering and interpreting. This includes therapeutic facilities that employ people with varying levels of education, work experience and training. The assessment tool was developed in both English and Spanish. ADV began administering the RDS to new clients during their first visit on July 1st 2008. After a client completes the survey, an ADV Advocate enters the responses into an agency-wide database. Each survey receives a score from 0 to 3 in seven areas: safety of children, use of power, positive communication, use of words, use of sex, use of physical force and the "lie" scale. This initial information is used as a "baseline" score for the client. The RDS is repeated every three months and when the client exits from the program. ADV staffwill attempt to complete at least one follow-up RDS three months after a client exits the program. By looking at the "scores" of the client at each interval and in each of these categories, ADV will be able to assess if the danger to the client and her children has decreased and whether or not she has shown a positive change in behavior and increased skills relating to parenting and choosing more healthy partners in the future. F. Discuss how this oroiect directly benefits low- and moderate- income residents. Approximately 90% of women and children who were sheltered by ADV last year by were classified as low-income. The poor economic conditions affecting the state and nation has particularly hit the Riverside County region hard. Riverside and San Bernardino counties have the sixth-highest home foreclosure rate in the nation, with 32,541 Riverside County properties in foreclosure proceedings in August alone (PE.com, September 18, 2008). This crisis, combined 7 Agenda Item No. 11 Page 42 of 102 with layoffs, high unemployment rates, gas and food prices has thrust even more Riverside County families into poverty. As a result, the incidence of domestic violence is also increasing. According to the California Department of Justice (DOJ), the City of Lake Elsinore reported a 5% increase in domestic violence-related calls from the previous year (2006 to 2007). The Riverside County District Attorney's Office said the number of domestic violence cases they review has increased by about 200-300 during the same time period one year ago (The Press Enterprise, "Domestic Violence on the rise", August 18,2008, Section D-I). A 2004 study by the National Institute of Justice showed that families experiencing "extensive financial strain" had triple the rate of domestic violence and that women in low-income neighborhoods are "substantially more likely" to be repeatedly injured by their intimate partners (The Press Enterprise, "Domestic Violence on the rise", August 18,2008, Section D-I). All of ADV's services to victims and their children are provided free of charge and no client is refused services based on income. Other specific benefits to low-income clients include advocacy, such as assistance in accessing community and social service resources relating to subsidized housing; food, social services, legal assistance and legal advocacy that includes assistance with Temporary Restraining Orders and accompaniment to court. Providing crisis intervention services to domestic violence victims and their children who must choose between staying with their abusers and risking poverty and/or homelessness provides a benefit to the community of Lake Elsinore as a whole. Farriilies impacted by domestic violence who receive intervention and support services are safer and have an increased chance of breaking the intergenerational cycle of violence. Outreach services delivered in the City of Lake Elsinore offer a cost-effective and less disruptive alternative to serving the high percentage of domestic violence victims who are not currently in imminent physical danger, and who seek support in reducing or eliminating the abuse in their lives. ADV services have long-term benefit to both clients and the larger community by reducing the costs of reduced employment productivity, increased demands on law enforcement, the courts, the medical and welfare systems, and lost educational potential for children affected. ADV also benefits the community by reducing recidivism rates of family violence, saving thousands of dollars in law enforcement and medical costs. G. Respond to A & B onlv if this application is for a Dub/ic service project. (a) 15 this a NEW service provided by your agency? Yes _ No lL (b) If service is not new, will the existing public service activity level be substantially increased or improved? ADV's outreach and shelter program services are not new; however, the agency has increased the level of service and continues to enhance its existing programs to better serve this population. The number of bednights provided to Lake Elsinore residents increased by 1,000% from the previous year (from 19 shelter bednights in 2006-2007 to 209 shelter bednights in 2007-2008) as victims and their children are able to stay for longer periods and participate in programs that help stabilize them and foster self-sufficiency. H. What methods will be used for community involvement to assure that all who might 8 Agenda Item No. 11 Page 43 of 102 benefit from the project are provided an opportunity to participate? Community Involvement in the activities and policies of ADV is conducted throughout the county on a~ ~ual basis. AD~ has a board of directors made up of community leaders, concerned cItIzens and profeSSionals in law enforcement, education and social services who represent the make-up of residents in Riverside County. The ADV Board of Directors provides oversight to the ADV Executive Director and the regional committees. The Board is made up of representatives from diverse backgrounds that represent each district in the county. ADV also has a Southwest ADVisory Council made up of prominent business leaders, elected officials and other dignitaries who assist in fundraising efforts by promoting and endorsing the agency's mission and services. ADV is mandated by each of its funding agencies to provide community outreach to underserved populations to increase awareness and access to its services. Volunteer participation also plays a significant role in the success of ADV programs and services. ADV staff also participate in community events and network with organizations that are community-based and target people who may be in need of ADV services, including attending monthly meetings of a local collaborative of community churches called GFC (God's Fan Club) that addresses issues ofhomelessness in the Southwest region. ADV also participates in local community and inter-agency forums, such as the Prevent Child Abuse of Southwest Riverside County. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? ADV is celebrating its 30th anniversary as the primary provider of services for domestic violence victims in western Riverside County. The agency has a successful and extensive track record in securing private and public funds to sustain and expand domestic violence services. ADV receives funding through various state, county and local communities, as well as other funding sources, such as United Way, private foundations and individuals. This includes Community Development Block Grant funding awarded by the County of Riverside and several cities. A major strength of the agency in successfully sustaining its programs is being able to use the funding it receives to leverage additional funding from private foundations and other sources. This year, ADV and many nonprofit agencies that receive funding from the State of California will experience significant cutbacks in funding that will continue into the next fiscal year. For the first time in about 15 years, ADV's Board of Directors and Chief Executive Officer have had to make necessary reductions in staff to balance its budget. This included some layoffs and decreasing staff hours in the agency's outreach program and administrative staff. In the process of making these cost-cutting measures, however, ADV's leadership also sees an opportunity to examine its current programs and assess whether or not they continue to be effective and viable. ADV's Chief Executive Officer and management team have been working on developing strategies that will streamline some the agency's programs to better serve domestic violence victims and their children, while also anticipating additional funding cuts at the state and local levels. In January, 2007, ADV's CEO and management team joined the Board of Directors for a two- 9 Agenda Item No. 11 Page 44 of 102 day planning session to create a formal strategic plan to guide the agency for the next 3-5 years. A major thrust of this plan is to develop and implement new and innovative fund-raising strategies and fee-based business campaigns that collectively will generate new funding sources for ADV. Rather than "riding out the storm" ofa budget crisis and bad economy, ADV has shifted its resources to develop strategies to expand and broaden its donor base to appeal to a new generation of givers who are technologically savvy and believe they can make a difference in their communities. ADV will continue to use a grantwriting consultant to identifY and solicit on-going and new private and public funding sources that support operational costs and are used to leverage additional funding. Additional strategies for ADV's future sustainability include: . IdentifYing and soliciting untapped donors, including a younger generation of new and eager givers who prefer to donate online. . Creating new and nontraditional methods of giving using technology, such as online giving methods and social networking websites, such as MySpace and Facebook to attract donors and reaching donors through cause marketing in blogs and other Internet vehicles to entice donors to give. ADV recently launched a new website (www.alternativestodv.oral that will be used for fundraising (online giving), disseminating educational materials and information and resources about domestic violence. When it is fully operational, ADV's website will be interactive and appeal to a broader audience that uses the Internet to get information and do charitable giving. . Introducing "The Care Ring" Giving Program for individuals who wish to give smaller amounts on a monthly basis during the year. These monthly pledges will allow the agency to forecast funding that will provide a steady cash flow during the fiscal year. This giving concept will help ADV with cash flow reserves during periods when state funding has been reduced or is in limbo. . A Planned Giving Program and endowment to be established under the direction of The Community Foundation of Riverside and San Bernardino Counties to be used toward long-term sustainability. . Develop and expand innovative fee-based initiatives to generate non-discretionary streams of income for the agency and diversifY the agency's funding base, including expanding ADV's fee-based counseling center (Corona Counseling Connections) to a new and underserved central region of the county to offer fee-based counseling and assessment services to families and individuals. V. PROJECT BENEFIT: All CDSG-funded activities must meet at least one of three National Objectives of the CDSG program. Indicate the category of National Objective to be met by your activity: CATEGORY 1: Benefit to low-moderate income persons (must be documented). Please choose either subcategory A, S, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 10 Agenda Item No. 11 Page 45 of 102 2000 Census data. If you need assistance in determining the appropriate census data; please call EDA. Census Tract and block group numbers: CT BG CT BG CT CT BG BG CT CT BG BG # Total population in Census Tract(s) / block group(s) # Total low-moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will orovide documentation of their familv size. income. and ethnicitv. Identify the procedure you currently have in place to document that at least 51 % of the clientele you serve are low-moderate income persons. ADV clients are asked to complete an intake packet which has a section at the bottom asking them to state their income. This information is reported in monthly, quarterly and semi-annual reports to funders. A copy ofthe intake form is included as ATTACHMENT V-I. C. Clientele presumed to be principally low- and moderate.income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) ~ Abused children ~ Battered spouses ~ Elderly persons o Severely disabled adults ~ Homeless persons o Illiterate adults o Persons living with AIDS o Migrant Farm workers Describe your clientele to be served by the activity. Domestic Violence victims in need of housing and subsistence assistance are considered "presumed benefit" low income according to HUD criteria due to the emergency nature of their need. ADV does, however, request income information upon intake and requests that clients sign a waiver form for the legal consequences of receiving our services which does include a justification for requesting income information. Approximately 90% of women and children sheltered by ADV last year qualified as low-income. CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? _ Yes ...2LNo If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the 11 Agenda Item No. 11 Page 46 of 102 PROPOSAL NUMBER REVIEWER IU DOCUMENT STAMP DATE RECEIVED: City of Lake Elsinore Community Development Block Grant Program Application Form 2009-2010 I. GENERAL INFORMATION Name of Primary Activity Sponsor: ASSISTANCE LEAGUE@ofTemecula Vallev (AL TV) Location: 2870 Via Montezuma Temecula, California 92590 Mailing Address: 28720 Via Montezuma Temecula, California 92590 Telephone Number (951) 694-8018, Thrift Store/Office Fax (951) 694-8298 (951) 694-6594, Operation School Bell@ (OSB) Executive Director: Leticia Plummer, President Tel: (909) 838-8492 email: altemeculalq2vahoo.com Program Manager: Beth Torrez, Operation School Bell@ Coordinator: Bev Hoffman Grant Writer: Sue Sampson Tel: (951)677-7430 email: suedsampson@yahoo.com Cell: (714)330-6063 II. ORGANIZATIONAL mSTORY Date Organization founded: 1989 Date Organization incorporated as a non-profit organization: 1989 Federal identification number: 33-0360419 State identification number: 1463456 Number of paid staff: NONE Number of Volunteers: 223 Current. Board of Directors: See Attachment 11.1 . ArticlesofIncorporation and Bylaws: See Attachment 11.2 Agenda Item No. 11 Page 47 of 102 m. PROJECT ACTIVITY Amount ofCDBG Funds requested: $10,000 Where will the activity occur and what is the geographic scale of the proposed activity (community, city, and region), be specific? The geographic area to be served is the Temecula Valley with children attending schools served by Murrieta School District, Lake Elsinore School District (includes Wildomar and Canyon Lake), Menifee School District, and the Temecula School District. Children from unincorporated areas in Riverside County attend school in all of these districts. The Menifee School District was added in 1997 after requests were made to AL TV . concerning needy children in public schools. The program benefits children in all four school districts in Southwest Riverside County: Temecula, Murrieta, Lake Elsinore and Menifee. Operation School Bell@ benefits more than one supervisorial district. The project is primarily conducted in District I; it may benefit District III peripherally. Census tracts served include 427.03, 430, 431.98, 432.01, 432.02, 432.03, 432.04, and 432.05. This project is designated as Public Service. See Attachment III IV. PROJECT NARRATIVE; A. Name of Project: Specific Location of Project: Operation School Bell@ 28720 Via Montezuma Temecula, CA 92590 The actual clothing of the children takes place at our facility in Ternecula. See Attachment IV.A B. See Attachment IV.B. C. See Attachment IV.B. D.Outcomes and Performance Levels Number of clients served using CDBG funds only: 67 Length of the project: Ongoing Unduplicated number of clients: 67 Units of service: 67 Service is provided to: children Agenda Item No. 11 Page 48 of 102 E. Goals and Objectives The Operation School Bell@Committeeanticipates that over 1,350 children will need clothing during the current 2008-2009 school year. Funds were budgeted for this goal, including anticipated support from CDHG funds. Our goal is always to increase the number of clients served each year. We are always striving to meet the needs of the community by providing more clothing and/or supplies for more children. As a result of community input we expanded our program to include Head Start, Even Start and Healthy Start children in the four school districts we serve. Our goal is to continue serving these children. The number of children being clothed from the unincorporated areas of Riverside County also continues to grow. At the ASSISTANCE LEAGUE@ofTemecula Valley we continually track our numbers and inventory to ensure we are working toward our goals. As an ongoing project we have found that our numbers continue to increase. F. How this project benefits low and moderate income residents Ibis project benefits children in low and moderate income levels. We are required to document the students based on their income tax return, paycheck stub, W -2, or Notice of Action (welfare or food stamps) according to the self-certification for public service form. This information is documented, kept in a locked file, and provided to the County. The school districts refer children based on their perceived need of the child. The school officials making these referrals could be the health clerk, school nurse, principal, or the child's teacher. We are also able to clothe the extremely needy children twice a year. We are always available to serve families in emergency situations. G. Is this a new service provided by your agency? No How will the existing service be substantially increased? Since we are the only agency or program in the Temecula Valley that provides new . clothing, we are working to increase awareness of what we have to offer. What methods will be used to insure community involvement? We have been offering informational meetings and tours to superintendents, principals, teachers and health clerks working in the four districts we serve. Our Public. Relations Committee is meeting with the Chambers of Commerce and city leaders for the three cities we service. The Assistance League@ has been asked to participate with other community leaders that meet every month called Partnerships in Education. We have four trained speakers prepared to make public presentations. The committee also utilizes newspapers and PSAs to make the public aware of this project thereby increasing the number offamilies requesting our services. In 2008, we Agenda Item No. 11 Page 49 of 102 have received Proclamations from the cities of Murrieta, Temecula, and Lake Elsinore for outstanding service to the community. Atthe ASSISTANCE LEAGUE@ ofTemecula Valley we continually track our numbers and inventory to ensure we are working toward our goals. H. What evidence is there of a long-term commitment to this project? Operation School Bell@ is a long-term philanthropic commitment to the ASSISTANCE LEAGUE@ofTemecula Valley. Funding for this project is always included in our annual budget. The National Assistance League@(NAL) requires that each chapter maintain a reserve fund equal to one year's activity to assure that funded projects will continue. NAL requires us to spend 60% of our income on our philanthropic projects. We own our own building and have been in the community since 1989. V. . PROJECT BENEFIT CATEGORY I: Benefit to low to moderate income persons B. Limited Clientele At present, in conformity with our instructions on CnBG grants, parents are required to fill out the Self-Certification Public Service Agency Clientele form. See Attachment VB; The volunteers ask for proof of income, which must be one of the following: income tax return, paycheck stub, W-2, or Notice of Action (welfare or food stamps). Copies are made and kept in a secure location. Lastvear 516 children from Lake Elsinore have been clothed throul!h Operation School Bell@at an approximate cost of $77.400. We will use 100% of the funds allotted us from Lake Elsinore CDBG to clothe children from Lake Elsinore in the vear 2009-2010. VI. FINANCIAL INFORMATION A. Proposed Project Budget ASSISTANCE LEAGUE@ofTemecula Valley is requesting funding for Operation School Bell@. The total cost of the program is $202,500. A total of $10,000 in CnBG funds are being requested for operating expenses associated with the proposed project. Funds provided by Castaways Thrift Store will pick up the remaining costs for the project. All CDBG funds are used only for clothing the children. None of these funds are used for our operating expenses. B. Leveraging See Attachment VI.B. Agenda Item No. 11 Page 50 of 102 C. See Attachment VI-C D. This project benefits citizens of more than one community and requests have been made to those cities and/or areas serviced. See Attachment VI.B. E. This project was previously funded with CDBG funds. It was last funded in 2008-2009 for a total of $12,200. This activity is a continuation of a previously funded CDBG project as explained above. VII. MANAGEMENT CAPACITY A. See Attachment VII.A. B. Management Systems Yes. . Ms. Beth Torrez is Chairman of the Operation School Bell@ Committee for 2008-2009. This is her first year in this position, but she has been an active volunteer in Operation School Bell@ for two years. Three volunteers are present on "clothing days" to dress the children and keep records. New software is making it possible to keep a computerized inventory of clothing, a file on each child clothed, and a record of the dates when the child was clothed previously. All purchase documentation is submitted to the Treasurer who maintains a duplicate record so those invoices can be used for documentation on CDBG contracts. Accounting procedures are reviewed quarterly by McLean & Associates,CPAs. The funds requested will be utilized in the 2009-2010 school year, primarily from September 2009 through the school year ending in the spring of2010. C. Capacity See Attachment VII.C D. Estimated timeline of project implementation OBJECTIVE Clothe 1,350 children START DATE September 2009 COMPLETION May 2010 Agenda Item No. 11 Page 51 of 102 Attachments 11.1 Current Board of Directors 11.2 Articles of Incorporation and Bylaws m Project Activity Map IV.A Assistance League Location IV.B Project Description V.B Limited Clientele VI.B Leveraging VI.C Income and Expense Statement VII.A Management Capacity VII.C Capacity: Organizational Chart Agenda Item No. 11 Page 52 of 102 COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009- 2010 ApPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: New Vision Children's Services Location: 26656 peachwood Drive City: Murrieta, CA Mailing Address: 40," W; nChPAtpr Rn Zip Code: 92563 tiF._~?? Zip Code: 92591 Telephone Number: 951-757-0875 Executive Director: Mary Mollway Telephone Number: 951-757-0875 Fax Number: 866-837-6612 Title: President E-mail: marv@nvlearnina.com Program Manager: same as above Telephone Number: Address (If different from above): Title: E-mail: Grant Writer: Mary Mollway Telephone Number: 951-757-0875 Title: PrP-Ridp-nt: IF.xp.:c Di rp-ct'nr E-mail: marv@nvlearninQ.com II. ORGANIZATIONAL HISTORY: (This is applicable onlv if you are a non-profit organization). Date Organization founded: AulP'O" ,nn. Date Organization incorporated as a non-profit organization: Seotember 2006 Federal identification number: 20-5916765 State identification number: 2925976 Number of paid staff: o Number of volunteers: 30 ATTACH: Current Board of Dlrectorsi<e~tl!!l~~!'bm.!ntll.I~;11:;:c,>., Articles of Incorporation anC!;B~l,\awsJ(li:8tiel,aS!Att8chriient;II,2). 1 Agenda Item No. 11 Page 53 of 102 III. PROJECT ACTIVITY: COBG Funds Requested: $ 10,000 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment III. Project Activity.1) I!J Countywide (check if project will serve multiple districts and/or cities). City(ies) MUTT; P.t:A Tp.mP.:Cllla Meni fp.p. wi Idomar. Lakp. Elsinore. Hp.mAt San .T;H:d nt:o Perris Community(ies) Quail Valley, Romoland, Homeland, Aguanga, Sage, An.a, Mead Valley Regions ~nlIt:hweRt: Riverside Countv Other What Supervisorial Oistrict does the activity occur within? 1, 3 and 5 Check ONLY the applicable category your application represents, o Real Properly Acquisition [ji Public Service o Rehabilitation/Preservation (please provide picture of structure) o Public Facilities Improvements (construction) Other: (provide description) o Housing IV. PROJECT NARRATIVE: A. Name of Project: Southwest Center for Autism Spectrum Disorders Specific Location of Project (include street address, if applicable): Street: A location has not been selected vet. We are in the process of selecting a facility City: for our July 1st opening Zip Code: Attach maps of proposed project(s) location and service area. B. Provide a detailed Proiect Oescriotion. The description should only address or discuss the specific activities, services, or project that is to be assisted with COBG funds. If COBG funds will assist the entire program or activity, then prOVide a description of the entire program or activity. (Attach additional sheets if necessary -:. Attl!chment IV.a.Project Description): ~l:;I;:4t~,~~,q;.~p.~~:e:~m~'i:i.~1t;~YJ.':::~,1',;~f;?'2~;9-:~,~~B~,~9~'ip:g:i!6~';~r 2 Agenda Item No. 11 Page 54 of 102 3 Agenda Item No. 11 Page 55 of 102 C. Provide a detailed description ofthe proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, TOe~~~~ our stated objectives, we are asking for CDBG monies from the City of Lake Elsinore to help pay salaries. Being a newer organization, our greatest need is "seed money" to get the facility open so we can begin serving the community on a larger scale. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term ofthe grant: Approximately 500 clients NOTE: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activites project (e.g. months, year): 1 year Unduplicated number of clients/persons projected to serve (e.g.25 clients, 50 seniors) Approx 400 clients Units of service (duplicated, e.g. 25 clients X 10 visits = 250 units of service)4000 Service is provided to (check one or more): D Men D Women Ql Children D MenlWomen D MenlWomen/Children [] Families D Seniors D Severely Disabled Adults Range of children's ages 0-18 D Migrant Farm Workers D Homeless Number of beds of facility n/ a Anticipated number of "new" beds n I" Length of stay (if residential facility) n/a E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? ~~~~!;;!~~.~~~';~S~~~IJ~,;r:':~'~~,.,~,,;q:0:f:~:Pi~g~,lf~9:~,~.~\~~}':,:ffi~,~?;7 ~ X~,~)" F. Discuss how this oroiect directly benefits low- and moderate- income residents. ftE.]Jeas~~:ffse-e"';;'attached_IV.F, Direct ,Benefit,,- ._.,..,-,.,~,,~. n''''"'' '''''~'.''''~'-11'''$<'&"1!C:(:'~]~~1}f'1kS-'.\::-;r:':;-Pl~5?$:;itix~;~i~:": _'i<.:-,. ,'_, - > - '. ,.~,'~ of,- ,~' G. Respond to A & B onlv If this application Is for a DubUc service project. (a) Is this a NEW service provided by your agency? Yes....!.... No_ 4 Agenda Item No. 11 Page 56 of 102 (b) If service is not new, will the existing public service activity level be substantially increased or improved? n/ a H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? As outlined in the project narrative, we will use a range of strategies to ensure that all who might benefit are provided an opportunity to do so, including parent outreaches, community events, our website, e-newsletter, parent seminars, school presentations, quarterly newsletter, and cooperation with other social service agencies. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? Our business plan is dated through June, 2011,and our Board is committed to this service until autism is eradicated. After the CBDG funds have been expended, we will continue our partnership-building efforts, as well as fundraiBin~ and grantwriting. CBDG funds will greatly assist us with getting the center open and off the ground. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: CATEGORY 1: Benefit to low-moderate Income persons (must be documented). Please choose either subcategory A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51 % of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT. BG CT CT BG BG CT. CT. BG BG # Total population in Census Tract(s) / block group(s) # Total low-moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The prOject serves clientele that will orovide documentation of their familv size. income. and ethnicitv. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low-moderate income persons. Once the center is open, each client will complete an intake packet. Part of this packet will include an income questionnaire and will require proof of income. Preference will be given to those clients in the low- and moderate-income levels. 5 Agenda Item No. 11 Page 57 of 102 C. Clientele presumed to be principally low- and moderate-income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) D Abused children D Battered spouses D Elderly persons D Severely disabled adults D Homeless persons D Illiterate adults D Persons living with AIDS D Migrant Farm workers Describe your clientele to be served by the activity. CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? _Yes _ No If yes, attach map of the area with the site highlighted, and prOVide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label attachments: V Category 2, Exhibit 1, 2, etc.) CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label attachments: V Project Benefit, Category 3, Exhibit 1, 2, etc.) VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2009. If your proposed CDBG- funded activity will start on a date other than July 1, 2009, please indicate starting date. If these budget .fine items are not applicable to your activity, please attach an appropriate budget. Provide total Budaet information and distribution of CDBG funds in the orooosed 6 Agenda Item No. 11 Page 58 of 102 budaet. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budge/of the entire organization or agency. (EXAMPLE: the Senior Center of the Valley is requesting funding of a new Senior Nutritional Program. The total cost of the program is $1,000. A total of $500 in CDBG funds are being requested for operating expenses associated with the proposed activity. General funds andlor other income of the center will pick-up the remaining costs for the program). TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBG Fundsl REQUESTED I. Personnel A. Salaries & Wages $ $ B. Fringe Benefits $ $ C. Consultants & Contract Services $ $ SUB-TOTAL $ $ II. Non-Personnel A. Space.Costs $ $ B. Rental, Lease or Purchase of Equipment $ $ C. Consumable Supplies $ $ D. Travel 5> $ E. Telephone $ $ F. Other Costs $ 5> SUB-TOTAL: $ S III. Architectural/Engineering Design $ 5> IV. Acquisition of Real Properly $ $ V. Construction/Rehabilitation $ $ VI. Indirect Costs $ $ TOTAL: $ $ \:!?i~:g~~~2L,:,'!~,!i~~,~~~hm~~.t:;~y~\;~~;;g;t::9Pq:s~ci~\tqtt9~t";Z!~ U.~.,'1--:"',' '"''"'''''''''...''' ,..,....,_..._,.'"',..._-..,._....,,,'.. ... ~,.,..., 7 Agenda Item No. 11 Page 59 of 102 B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI-B, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Fundina Source CVS Community Grant Community Foundation Amount Reauested $25,000 $20,000 Date Available March 1st January 1st Type of Commitment Grant -Applied for Grant-Applying for C. Provide a summary by line item of your organization's previous year's income and exoense statement. (Attachment VI-C, Exhibits 1,2, etc.) ~.!L~~~~~J~j~E~tt~,.cjJ)m.e~t?~'i:l::l~s;';jW'.~.PP2~~0'~.p;g~~~~a:nd~YEj(p;~ri.~:~;:::$'Ct~~'ern~<iit';,~}:<~' D. Ifthis project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes-lL-. No_ If yes, identify sources and indicate outcome. If no, please explain Requests will be made for CBDG monies, funding cycle 2009-2010,through Murrieta, Temecula, Lake Blsinore, and Hemet, as well as directly through the County of Riverside. E. Was this project previously funded with CDBG funds? Ye" If yes, when? NO-L- Is this activity a continuation of a previously funded (CDBG) project? YelL- No-1L If yes, explain' VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source Activitv Year Allocation Amount Exoended New Vision Children's Services is a new organization. We have not received a CDBG or Federal Grant before. We have begun talks with several organizations to form part- nerships, including Western university and several non-profit organizations. 8 Agenda Item No. 11 Page 60 of 102 B. Management Systems Does your organization have written and adopted management systems (i.e, policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? Given that our organization has only been truly active for approximately 6 months, these have not been completed yet, but are in process with an expected date of completion of 6/09 C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a . detailed organizational chart (Attachment VII-C, Exhibits 1, 2, etc.) #'.'b ."".!1 "~:'''''.. . ."""'<'.'''f,*..~.,m:v~''';Nj~~~~';0i%)'ji;(!~:;mi't;~~%'i;:;~'W''.,~.;:,l\.';~}l;.'':' "ji">'<"''''. '~'.".-,,*:L'\.:V"";;t;;.'."''".. ~~@,,~;j;I~~l~~tti'achrlfeiit~"VI! .'Ci""",E~~'iJ)bj;,tfB';ka:~:arid'11!2:-,~ D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE Open the Southwest Center for Autism Spectrum Disorders Expand lending library 01/09 Register 400 new families 07/09 Provide Occup.Therapy to 200 clients 07/09 Provide Social Groups for 100 children 07/09 Provide Support Groups for 50 families 09/08 Provide Parent Trainings for 500 parents 09/08 Provide Bio-medical treatment for 100 children 07/09 Provide after-school tutoring for 100 children 07/09 COMPLETION DATE By July 1, 2009 12(09 06(10 06(10 06/10 06(10 06(10 06(10 06(10 These are. the minimum objectives we have set as an organization. Further objectives are contingent upon our fundraising endeavors. Those objectives focus on expanding the number of children we are able to provide Occupational Therapy and Biomedical Treatment. 9 Agenda Item No. 11 Page 61 of 102 COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009- 2010 ApPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Senior Location: Murrieta-Temecula Area, Inc. Citizens Service Center of the Rancho Temecul area, Riverside County City: Murrieta Mailing Address: 41765 Elm Street Telephone Number: 951-600'-9557 Executive Director: Rose Vaccarino Zip Code: q?<;f;? Zip Code:92562 Fax Number:951-600-8233 Title: Director E-mail: rosievac@yahoo.com Telephone Number: 951-679-2560 Program Manager: Telephone Number: Address (If different from above): Grant Writer: Title: E-mail: Telephone Number: Title: E-mail: II. ORGANIZATIONAL HISTORY: (This is applicable onlv if you are a non-profit organization). Date Organization founded: 1 978 Date Organization incorporated as a non-profit organization: 1 978 Federal identification number: 95 - 3 21 4774 State identification number: E! 0 OH. .. 268-1926-8 Number of paid staff: 0 Number of volunteers: 1 ? ATTACH: Current Board of Directors (Label as Attachment 11.1) Articles of Incorporation and By-Laws (Label as Attachment 11.2) 1 Agenda Item No. 11 Page 62 of 102 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 10,000.00 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? Ifthe project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment III. Project Activity.i) [] Countywide (check if project will serve multiple districts and/or cities). City(ies)Murrieta; Temecula, Aguanga, Anza, Lake Elsinore, Community(ies)Wildomar, Sun City Regions . Other What Supervisorial District does the activity occur within? Sou thwes t Ri vers ide Co. Check ONLY the applicable category your application represents. o Real Property Acquisition [] Public Service 0 Housing o Rehabilitation/Preservation (please provide picture of structure) o Public Facilities Improvements (construction) Other: (provide description) IV. PROJECT NARRATIVE: A. Name of Project: Emer9'ency Fooc1 Specific Location of Project (include street address, if applicable): Street: 41765 Elm Street City: Murrieta Zip Code: q?~~7. Attach maps of proposed project(s) location and service area. B. Provide a detailed Proiect Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the. entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment IV.B.Project Description): We will provide .emergency food to about 60,000 people (many repeats), to all who apply and meet income guidelines. We are also equipped to prepare a hot meal to anyone of the street people who ask for food. We have a flu shot clinic, too. 2 Agenda Item No. 11 Page 63 of 102 C. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase a specific piece of equipment, rent, supplies, utilities, salaries, etc.): R t I . . d .. f b' ld ' en , supp ~es, foo , utilty costs or u~ ~ng. D. Outcomes and Performance Measures Number of clients or units of service to be provided using CDBG funds during the term of the grant: 60,000 clients served NOTE: This is based on the expected. number of clients to be served if the County funds your project for the requested amount. Length of CDBG-funded activites project (e.g. months, year): 1 year Unduplicated number of clients/persons projected to serve (e,g,25 clients, 50 seniors) 5.000 clients Units of service (duplicated, e.g. 25 clients X 10 visits = 250 units of service) 60,000 Service is provided to (check one or more): OMen 0 Women 0 Children 0 MenlWomen o MenlWomeniChildren KJ Families IiU Seniors [] Severely Disabled Adults Range of children's ages o Migrant Farm Workers KJ Homeless Number of beds of facility 0 Anticipated number of "new" beds 0 Length of stay (if residential facility) E. What are the goals and objectives at the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? . We do not turn anyone away who needs food, but we are required by BUD to verify our client's income. Every client is required to sxgn in and we keep records on file. F. Discuss how this oroiect directly benefits low- and moderate- income residents. By providingfood, our clients are able to free up money to pay for their shelter and other necessities. G, Respond to A & B onlv if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes_ NoX- 4 Agenda Item No. 11 Page 64 of 102 (b) If service is not new, will the existing public service activity level be substantially increased or imprQved? We feel it will be increased due to the current economic crisis. H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Through our advertising in papers and through word of mouth. We also have spots on radio and the community service cable channel. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? We have been doing this since 1978. We will keep applying for grants. We also have raffles and bus trips that earn money. V. PROJECT BENEFIT: All CDBG-funded activities must meet at least one of three National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity: . CATEGORY 1: Benefit to low-moderate income persons (must be documented). Please choose either subcategory A, B, or C. "B". A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% ofthe residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: 'CT BG CT BG CT CT BG BG CT CT BG BG # Total population in Census Tract(s) / block group(s) # Total low-moderate population in Census Tract(s) / block group(s) B. limited Clientele: The project serves clientele that will provide documentation of their familv size. income. and ethnicitv. Identify the procedure you currently have in place to document that at least. 51 % of the clientele you serve are low-moderate income persons. Clients must provide proof of income and identification of all family members, and list their ethnicity. 5 Agenda Item No. 11 Page 65 of 102 C. Clientele. presumed to be principally low- and moderate.-income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) o Abused children o Battered spouses o Elderly persons o Severely disabled adults Describe your clientele to be served by the activity. o Homeless persons o Illiterate adults o Persons living with AIDS o Migrant Farm workers CATEGORY 2: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Islheproject located in a Redevelopment Area? _Yes _ No If yes,attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label attachments: V Category 2, Exhibit 1, 2, etc.) CATEGORY 3: Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin and must be designated by the Board of Supervisors. Provide documentation which demonstrates the health or safety condition has . existed within the previous 18 months. (Label attachments: V Project Benefit, Category 3, Exhibit 1, 2, etc.) VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1, 2009. If your proposed CDBG- funded actiVity will start on a date other than July 1, 2009; please indicate starting date. If these bUdget line items are not applicable to your activity, please attach an appropriate budget. Provide total Budaet information and distribution of CDBG funds in the prOpOsed 6 Agenda Item No. 11 Page 66 of 102 budaet. The budgeted items are for the activity for which you are requesting CDBGfunding - not for the budget of the entire organization or agency. (EXAMPLE: the Senior Center of the Valley is requesting funding of a new Senior Nutritional Program. The total cost of the program is $1,000. A total of $500 in CDBGfunds are being requested for operating expenses associated with the proposed activity. General funds and/or other income of the center will pick-up the remaining costs for the program): 7 Agenda Item No. 11. Page 67 of 102 B. Leveraging Identify other funding sources (commitments or applications) from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI-B, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Fundina Source EDA Amount Reauested 10000.00 Date Available 7/1/08 Type of Commitment Reimbursable C.' Provide a summary by fine item of your organization's previous year's income and expense .statement. (Attachment VI-C, Exhibits 1, 2, etc.)' D.ffthis project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes~ No_ If yes, identify sources and indicate outcome. ffno, please explain CDBG - Murrieta pending CDBG - Temecula pending CDGB - Lake Elsinore Pending E. Was this project previously funded with CDBG funds? Yes~ No_ If yes, when? 2008 Is this activity a continuation of a previously funded (CDBG) project? Yes.1L No _ If yes, explain' Ongoing oroj ect since 1 978. VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. . Source Activitv Year Allocation Amount Expended The volunteers have been running this operation since 1978. 8 Agenda Item No. 11 Page. 58 of102 B. Management Systems Does your organization have written and adopted management systems (i.e, policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.? No. C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII-C, Exhibits 1, 2, etc.) Rose Vaccarino instructs the other volunteers. No org chart attached. D. Should the applying entity be awarded CDBG funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE START DATE COMPLETION DATE Emergency Food Ongoing Ongoing 9 . Agenda Item No. 11 Page 69 of1 02 COUNTY OF RIVERSIDE COMMUNTIY DEVELOPMENT BWCK GRANT PROGRAM 2009- 2010 Al'PUCATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: City of Lake Elsinore Location: 130 South Main Street City Lake Elsinore Zip Code: Q?fi30 Mailing Address: 130 South Main Street Zip Code: 92530 Fax Number: (951) 471-1419 Telephone Number: (951) 674-3124 Executive Director. Ray Gon7ales Title: Dir of Parks & Recreation Telephone Number: (951)674-3124 x266 E-mail: rgonzales@Lake-elsinore.org Program Manager: Robin K. Chipman Title: Building & Safety Manager Telephone Number: (951) 674-3124 x226 E-mail: rchipman@lake-elsinore.org Address (If different from above): Same as above Grant Writer: Claudia Davis Title: Parks & Recreation Analyst Telephone Number: (951) 674-3124 x267 E-mail: cdavis@lake-elsinore.org II. ORGANIZATIONAL HISTORY: (This is applicable onlv if you are a non-profit organization). Date Organization founded: 1888 Date Organization incorporated as a non-profit organization: N/A Federal identification number: 95-6000707 State identification number: 749-02065 Number of paid staff: N/A Number of volunteers: N/A ATTACH: Current Board of Directors (Label as Attachment 11.1) Articles of Incorporation and By-Laws (Label as Attachment 11.2) 1 Agenda Item No. 11 Page 70 of 102 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 25,000.00 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment III. Project Activity.1) o Countywide (check if project will serve multiple districts and/or cities). City(ies) City of Lake Elsinore Community(ies) Regions Other What Supervisorial District does the activity occur within? District 1 Check ONLY the applicable category your application represents. o Real Property Acquisition 0 Public Service o Rehabilitation/Preservation (please provide picture of structure) ~ Public Facilities Improvements (construction) Other: (provide description) o Housing IV. PROJECT NARRATIVE: A. Name of Project: Code Enforcement - Nuisance Abatement Specific Location of Project (include street address, if applicable): Street City of Lake Elsinore (Redevelopment Areas) City Citv of Lake Elsinore Zip 92530 Attach maps of proposed project(s) location and service area. B. Provide a detailed Proiect Description. The description should only address ordiscuss the specific activities, services, or project that is to be assisted with COBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment IV.a.Project Description): With CDBG Funding. the Citv of Lake Elsinore Code Enforcement Division will be able to continue its program of identifyina Code Violations throughout the City and work with owners to brina their properties into compliance. This proaram focuses on abating substandard structures. abandoned vehicles. araffiti and other similar code violations. 2 Agenda Item No. 11 Page 71 of 102 C. Provide a detailed description of the proposed use of the CDSG funds (i.e. client scholarships, purchase a specific piece of equipment, rent, supplies, etc.): The CDBG Funds will be aoolied toward a oortion of the costs associated with Code Enforcement and Nuisance Abatement. D. Outcomes and Performance Measures Not Aoolicable Number of clients and units of service to be provided during the term of the grant (1- year, 2-year, etc.): This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of the project (months, year, etc.): Unduplicated number of clients served (e.g., 25 clients) Units of service (duplicated, e.g. 25 clients X 10 visits = 250 units of service)_ Service is provided to (check one or more): OMen 0 Women 0 Children 0 MenlWomen o MenlWomen/Children 0 Families o Seniors 0 Severely Disabled Adults Range of children's ages o Migrant Farm Workers 0 Homeless Number of beds Length of stay (if residential facility) E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? The continued suooort of the Code Enforcement Proaram will allow the City of Lake Elsinore to address and correct the existina violations. as well as to prevent and eliminate bliahted and unsafe structures throuahout the City. The successful imolementation of this oroaram will be measured bv the number of orooerties involved. and the oositive imorovements to the affected neiahborhoods. throuah safety and aesthetics. F. Discuss this Droiect's benefit to low- and moderate- income residents to be served. The oroiects benefit to low and moderate income residents will be the elimination of bliaht in their neiahborhoods. includina the removal of danaerous and unsiahtlv structures and accumulation of abandoned vehicles and debris. This benefits the community bv uoaradina properties to comoliance with current develooment codes. creatina a safer and imoroved auality of life environment for the residents. 3 Agenda Item No. 11 Page 72 of 102 G. Respond to A & B onlv if this is application is for a DubHe service project (a) Is this a NEW service provided by your agency? Yes No.JQL (b) If service is not new, how will the existing public service activity level be substantially increased? Fundina for this oroaram will allow the City of Lake Elsinore Code Enforcement Division to maintain its current level of service. with some expansion of services bv continuina to brina in more resources to assist neiQhborhoods with improvements (towina of abandoned vehicles, trash removal containers. etc.) H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Not Applicable I. What evidence is there of long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? Not Applicable V. PROJECT BENEFIT: All CDBG-funded activities must meet one of three National Objectives of the CDBG program. Indicate how the proposed activity will meet a National Objective. CATEGORY 1 Benefit to low-moderate income persons (must be documented). Please identify how you plan to document the persons to be served are low-moderate income persons by providing information in either A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT 0430001 BG CT 0430004 BG CT 0430002 CT 0430003 BG BG CT 04::\OOOii CT 0430006 BG BG # Total population in Census Tract(s) / block group(s) # Total low-moderate population in Census Tract(s) / block group(s) 4 Agenda Item No. 11 Page 73 of 102 B. Limited Clientele: The project serves clientele that will orovide documentation of their familv size. familv income. andethnicitv. Identify the procedure you currently have in place to document that at least 51 % of the clientele you serve are low-moderate income persons. C. Clientele presumed to be principally low- and moderate-income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the presumed categories. The activity will benefit (check one or more) o Abused children o Battered spouses o Elderly persons o Severely disabled adults o Homeless persons o Illiterate adults o Persons living with AIDS o Migrant Farm workers Describe your clientele to be served by the activity. CATEGORY 2 Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an Identified slum and blighted area. Is the project located in a Redevelopment Area? LYes _No. If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slumlblight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label attachments: V Category 2, Exhibit 1,2, etc.) CATEGORY 3 Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label attachments: V. Project Benefit, Category 3, Exhibit 1, 2, etc.) VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1. If these line items are not applicable to your activity, please attach an appropriate budget. Provide total Budoet information and distribution of CDBG funds in the orooosed budoet. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: the Senior Center of the Valley is requesting funding of a new Senior Nutritional Program. .The total cost of the program is $1,000. A total of $500 in CDBG funds are being requested for operating expenses associated with the proposed activity. General funds andlor other income of the center will pick-up the remaining costs for the program.). 5 Agenda Item No. 11 Page 74 of 102 Identify other funding sources (commitments or applications) for funding from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI-B, Exhibits 1,2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Fundinll Source Amount Reauested Date Available Type of Commitment C. Provide a summary by line item of your organization' previous year's income and expense statement. (Attachment VI-C, Exhibits 1, 2, etc.) 6 Agenda Item No. 11 Page 75 of 102 D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Not Applicable Yes No If yes, identify sources and indicate outcome. If no, please explain E. Was this project previously funded with CDBG funds? Yes X-- No If yes, when? In fiscal vear 08/09 the Code Enforcement Division was awarded ~25,000for Code Enforcement and Nuisance Abatement efforts. Is this activity a continuation of a previously funded (CDBG) project? Yes -1110 If yes explain. This reauest is not a continuation of a particular proiect. but it is a reauest for more funding to remain active in Code Enforcement and Nuisance Abatement. VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. The City of Lake Elsinore has utilized CDBG fundina for the past thirty vears on various proiects throughout the City. These proiects include improvements to the Senior Center. ADA retrofit of plavground eauipment. construction of new ADA restrooms in parks as well as numerous social service proarams includina our Senior Activity Center. The City has renovated Community Centers as well as provided additional facilities throuah the use of CDBG fundina. The City's Parks & Recreation Department oversees the CDBG program and the City Enaineer acts as the proiect manaaer for all proiects. Source Activitv Year Allocation Amount Expended B. Management Systems Does your organization have written and adopted management systems (i.e, policies and procedures) including personnel, procurement, property management, recording keeping, financial management, etc.? Yes. The City of Lake Elsinore is a general law City providina vital services to its citizens in the form of Police & Fire Protection. Public Works. Parks & Recreation. Lake Operations. Plannina. Enaineerina. Code Enforcement and Buildina Inspections. 7 Agenda Item No. 11 Page 76 of 102 COUN'IY OF RIVERSIDE CoMMUNITY DEVEWPMENT BWCK GRANT PROGRAM 2009- 2010 APPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: City of Lake Elsinore Location: 130 South Main Street City Lake Elsinore Zip Code: ~?"30 Mailing Address: 130 South Main Street Zip Code: 92530 Fax Number: (951) 471-1419 Telephone Number: (951) 674-3124 Executive Director' Ray Gonzales Title: Dir of Parks & Recreation Telephone Number: (951) 674-3124 x266 E-mail: rgonzales@Lake-elsinore.org Program Manager: Robin K. Chipman Title: Building & Safety Manager Telephone Number: (951) 674-3124 x226 E-mail: rchipman@lake-elsinore.org Address (If different from above): Same as above Grant Writer: Claudia Davis Title: Parks & Recreation Analyst Telephone Number: (951) 674-3124 x267 E-mail: cdavis@lake-elsinore.org II. ORGANIZATIONAL HISTORY: (This is applicable onlv if you are a non-profit organization). Date Organization founded: 1888 Date Organization incorporated as a non-profit organization: N/A Federal identification number: 95-6000707 State identification number: 749-02065 Number of paid staff: N/A Number of volunteers: N/A ATTACH: Current Board of Directors (Label as Attachment 11.1) Articles of Incorporation and By-Laws (Label as Attachment 11.2) 1 Agenda Item No. 11 Page 77 of 102 III. PROJECT ACTIVITY: CDBG Funds Requested: $ 50 000 00 (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment III. Project Activity.1) o Countywide (check if project will serve multiple districts and/or cities). City(ies) City of Lake Elsinore Community(ies) Regions Other What Supervisorial District does the activity occur within? District 1 Check ONLY the applicable category your application represents. o Real Property Acquisition 0 Public Service o Rehabilitation/Preservation (please provide picture of structure) [8] Public Facilities Improvements (construction) Other: (provide description) o Housing IV. PROJECT NARRATIVE: A. Name of Project: Code Enforcement - DanQerous Structures Abatement Specific Location of Project (include street address, if applicable): Street City of Lake Elsinore (Redevelopment Areas) City City of Lake Elsinore Zip 92530 Attach maps of proposed project(s) location and service area. B. Provide a detailed Proiect Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment IV.a.Project Description): With CDBG Funding. the Citv of Lake Elsinore Code Enforcement Division will be able to continue its program of identifying substandard properties and buildings throughout the Citv's redevelopment areas and work with owners to bring their properties into compliance. This prOQram focuses on abating substandard structures, abandoned vehicles, graffiti and other similar code violations. l 2 Agenda Item No. 11 Page 78 of 102 C. Provide a detailed description of the proposed use of the CDSG funds (i.e. client scholarships, purchase a specific piece of equipment, rent, supplies, etc.): The CDSG Funds will be applied toward the various costs associated with Structure Abatement such as Demolition, Asbestos Reports. Title Reports, removal of Trash and Debris. and the securina of substandard buildinas from entrv until rehabilitation can occur. D. Outcomes and Performance Measures Not Applicable Number of clients and units of service to be provided during the term of the grant (1- year, 2-year, etc.): This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of the project (months, year, etc.): Unduplicated number of clients served (e.g., 25 clients) Units of service (duplicated, e.g. 25 clients X 10 visits = 250 units of service)_ Service is provided to (check one or more): D Men D Women D Children D MenlWomen D MenlWomen/Children D Families D Seniors D Severely Disabled Adults Range of children's ages D Migrant Farm Workers D Homeless Number of beds Length of stay (if residential facility) E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? The continued suooort of the Code Enforcement Proaram will allow the Citv of Lake Elsinore to address and correct the existina violations, as well as to prevent and eliminate bliahted and unsafe structures throuahout the Citv. The successful imolementation of this oroaram will be measured bv the number of orooerties that are either rehabilitated or demolished. and the oositive imorovements to the affected neiahborhoods throuah safetv and aesthetics. F. Discuss this oroiect's benefit to low- and moderate- income residents to be served. The proiects benefit to low and moderate income residents will be the elimination of bliaht in their neiahborhoods, includina the removal of danaerous and unsiahtlv structures and accumulation of abandoned vehicles and debris. This benefits the communitv bv uoaradina properties to comoliance with current develooment codes, creatina a safer and imoroved aualitv of life environment for the residents. 3 Agenda Item No. 11 Page 79 of 102 G. Respond to A & B on Iv if this is application is for a DubHe service project. (a) Is this a.NEW service provided by your agency? Yes_ No.lQL (b) If service is not new, how will the existing public service activity level be substantially increased? Fundinq for this proaram will allow the City of Lake Elsinore Code Enforcement Division to maintain its current level of service. with some expansion of services bv continuina to brinq in more resources to assist neiQhborhoods with improvements (towinQ of abandoned vehicles, trash removal containers. etc.) H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Not Applicable I. What evidence is there of long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? Not Applicable V. PROJECT BENEFIT: All CDBG-funded activities must meet one of three National Objectives of the CDBG program. Indicate how the proposed activity will meet a National Objective. CATEGORY 1 Benefit to low-moderate income persons (must be documented). Please identify how you plan to document the persons to be served are low-moderate income persons by providing information in either A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51 % of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data. please call EDA. Census Tract and block group numbers: CT 0430001 BG CT 0430004 BG CT 0430002 CT 0430003 BG BG CT 0430n01; CT 0430006 BG BG # Total population in Census Tract(s) / block group(s) # Total low-moderate population in Census Tract(s) / block group(s) 4 Agenda Item No. 11 Page 80 of 102 B. Limited Clientele: The project serves clientele that will Drovide documentation of their familv size. familv income. andethnicitv. Identify the procedure you currently have in place to document that at least 51 % of the clientele you serve are low-moderate income persons. C. Clientele presumed to be principally low- and moderate-income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the presumed categories. The activity will benefit (check one or more) o Abused children o Battered spouses o Elderly persons o Severely disabled adults o Homeless persons o Illiterate adults o Persons living with AIDS o Migrant Farm workers Describe your clientele to be served by the activity. CATEGORY 2 Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? LYes _No. If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label attachments: V Category 2, Exhibit 1, 2, etc.) CATEGORY 3 Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label attachments: V. Project Benefit, Category 3, Exhibit 1, 2, etc.) VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1. If these line items are not applicable to your activity, please attach an appropriate budget. Provide total Budaet information and distribution of CDBG funds in the DroDosed budaet. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency. (EXAMPLE: the Senior Center of the Valley is requesting funding of a new Senior Nutritional Program. The total cost of the program is $1,000. A total of $500 in CDBG funds are being requested for operating expenses associated with the proposed activity. General funds and/or other income of the center will pick-up the remaining costs for the program.). 5 Agenda Item No. 11 Page 81 of 102 TOTAL ACTIVITY/ PROJECT BUDGET CDBG FUNDS (Include CDBGFunds\ REQUESTED I. Personnel A. Salaries & Wages $ 243,000.00 $ B. Fringe Benefits $ 164.600.00 $ C. Consultants & Contract Services $ 105.000.00 $ SUB-TOTAL $ 512,600.00 $ II. Non-Personnel A. Space Costs $ $ B. Rental, Lease or Purchase of Equipment $ 1.000.00 $ C. Consumable Supplies $ 5.000.00 $ D. Travel $ 3 650 00 $ E. Telephone $ 2.800.00 $ F. Other Costs $ $ 50 000 00 SUB-TOTAL $ 12,450.00 $ 50 000 00 III. Architectural/Engineering Design $ $ IV. Acquisition of Real Property $ $ V. Construction/Rehabilitation $ $ VI. Indirect Costs $ $ TOTAL: $ 525,050 00 $ 50.000.00 B. Leveraging Identify other funding sources (commitments or applications) for funding from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI-B, Exhibits 1, 2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Fundina Source Amount Reauested Date Available Type of Commitment C. Provide a summary by line item of your organization' previous year's income and expense statement. (Attachment VI-C, Exhibits 1, 2, etc.) 6 Agenda Item No. 11 Page 82 of 102 D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Not Applicable Yes No If yes, identify sources and indicate outcome. If no, please explain E. Was this project previously funded with CDBG funds? Yes X-.- No If yes, when? In fiscal vear 08/09 the Code Enforcement Division was awarded $50,000 for Structure Abatement efforts. Is this activity a continuation of a previously funded (CDBG) project? Yes --1110 If yes explain. This reauest is not a continuation of a particular proiect. but it is a reauest for more fundina to remain active and complete more abatement projects. VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. The City of Lake Elsinore has utilized CDBG fundina for the past thirty vears on various proiects throuahout the City. These proiects include improvements to the Senior Center. ADA retrofit of plavaround eauipment. construction of new ADA restrooms in parks as well as numerous social service proarams includina our Senior Activity Center. The City has renovated Community Centers as well as provided additional facilities throuah the use of CDBG fundina. The City's Parks & Recreation Department oversees the CDBG proaram and the City Enaineer acts as the proiect manaaer for all proiects. Source Activitv Year Allocation Amount Expended B. Management Systems Does your organization have written and adopted management systems (i.e, policies and procedures) inclUding personnel, procurement, property management, recording keeping, financial management, etc.? Yes, The City of Lake Elsinore is a aeneral law City providina vital services to its citizens in the form of Police & Fire Protection, Public Works. Parks & Recreation. Lake Operations. Plannina, Enaineerina, Code Enforcement and Buildina Inspections. 7 Agenda Item No. 11 Page 83 of 102 COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009- 2010 ApPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Citv of Lake Elsinore location: 1:'10 5 M"in 5treet City: lake Elsinore Zip Code: O?&;"lO Mailing Address: 130 S M"in Street Zip Code: 9?530 Telephone Number: (0&;1) R7d-:'!1?d Y ?R&; Fax Number: Executive Director: Bob Brady Title: City Manager Telephone Number: (951) 674-3124 x 265 E-mail: bbrady@lake-elsiore.org Program Manager: Ray Gonzales Title: nirer:tnr nf P"rk,; Ii. Rer: Telephone Number: (951) 674-3124 x 265 E-mail:rgon7~IAc::tall~kA-AI~innrp nrg Address (If different from above): Grant Writer: Claudia Davis Title: An"ly"t Telephone Number: 1951\ 674-3124 x 265 E-mail:cdavis@lake-elsinore.org II. ORGANIZATIONAL HISTORY: (This is applicable onlv if you are a non-profit organization). Date Organization founded: 1 RRR Date Organization incorporated as a non-profit organization: t\I/A Federal identification number: Q&;-Rnnn-707 State identification number: 749-0:>ORS Number of paid staff: 90 Number of volunteers: 1nn ATTACH: Current Board of Directors (Label as Attachment 11.1) Articles of Incorporation and By-Laws (Label as Attachment 11.2) Agenda Item No. 11 Page 84 of 102 III. PROJECT ACTIVITY: CDBG Funds Requested: $ An nnn (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment III. Project Activity.1) o Countywide (check if project will serve multiple districts and/or cities). X City(ies) City of Lake Elsinore and County Residents Community(ies) Regions Other What Supervisorial District does the activity occur within? #1 Check ONLY the applicable category your application represents. o Real Property Acquisition 0 Public Service o Rehabilitation/Preservation (please provide picture of structure) XX Public Facilities Improvements (construction) Other: (provide description) o Housing IV. PROJECT NARRATIVE: A. Name of Project: M"r.h"rln P"rk RA<:trnnm PrnjAr.t Specific Location of Project (include street address, if applicable): Street: 1!i1!iO .Iny StrAAt City: Lake Elsinore Zip Code: 9?S::lO Attach maps of proposed project(s) location and service area. B. Provide a detailed Proiect Descriotion. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment IV.B.Project Description): Machado Park is a five (5) acre public park built in 1960's. The amenities include restrooms, picnic shelters, volleyball and tennis courts, playground, and benches and picnic tables. The proposed project would demolish the existing dilapidated, non compliance ADA restroom and replace it with a prefabricated, ADA approved restroom. 2 Agenda Item No. 11 Page 85 of 102 C. Provide a detailed description of the proposed use of the CDBG funds only (i.e. client scholarships, purchase a specific piece of equipment, rent, supplies, etc.): CDBG funds will be used to demolish existing restroom, purchase and install a prefabricated restroom. D. Outcomes and Performance Measures The main outcomes and performance measures are: 1) Provide quality restroom facilities that meet our community's needs. 2) Provide efficient and effective service to the public. Number of clients or units of service to be provided using CDBG funds only during the term of the grant (1-year,2-year, etc.: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of the project (months, year, etc.): Unduplicated number of clients projected to serve (e.g.25 clients) Units of service (duplicated, i.e. 25 clients X 10 visits = 250 units of service) Service is provided to (check one or more): OMen 0 Women 0 Children 0 Men/Women X Men/Women/Children 0 Families X Seniors 0 Severely Disabled Adults Range of children's ages 3 tG 17 yr&. o Migrant Farm Workers 0 Homeless Number of beds of facility Anticipated number of "new" beds Length of stay (if residential facility) E. What are the goals and,objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? The project will have a presumed benefit in that the low-to-moderate income area the project is being constructed in will benefit all residents within a three mile radius of the project. F. Discuss how this proiect will benefit low- and moderate- income residents. The Center is located in a low-to-moderate area of the city and this project will provide facilities that are accessible, meet hygiene standards, provide quality customer service, and foster community pride and ownership. G. Respond to A & B onlv if this application is for a public service project. 3 Agenda Item No. 11 Page 86 of 102 (a) Is this a NEW service provided by your agency? Yes _ No_ (b) If service is not new, how will the existing public service activity level be substantially increased? H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? Machado Park is open to the public year-round and the restroom will be open daily for those people using the park. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? The City has operates 17 park locations on a year-round basis and has budgeted the resources for repair and maintenance. The City will operate this park in perpetuity. V. PROJECT BENEFIT: All CDBG-funded activities must meet one of three National Objectives of the CDBG program. Indicate how the proposed activity will meet a National Objective. CATEGORY 1 Benefit to low-moderate income persons (must be documented). Please identify how you plan to document the persons to' be served are low-moderate income persons by providing information in either A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT BG CT BG CT CT BG BG CT CT BG BG # Total population in Census Tract(s) / block group(s) # Total low-moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that will provide documentation of their familv size, family income. and ethnicity. Identify the procedure you currently have in place to document that at least 51 % of the clientele you serve are low-moderate income persons. C. Clientele presumed to be principally low- and moderate-income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed 4 Agenda Item No. 11 Page 87 of 102 categories. The activity will benefit (check one or more) o Abused children o Battered spouses o Elderly persons o Severely disabled adults o Homeless persons o Illiterate adults o Persons living with AIDS o Migrant Farm workers Describe your clientele to be served by the activity. The center is open to all age groups male and female living in the community of Lake Elsinore and local areas. CATEGORY 2 Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? X Yes No If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. (Label attachments: V Category 2, Exhibit 1, 2, etc.) CATEGORY 3 Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label attachments: V Project Benefit, Category 3, Exhibit 1, 2, etc.) VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1. If these line items are not applicable to your activity, please attach an appropriate budget. Provide total Budqet information and distribution of CDBG funds in the proposed budQet. The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency (EXAMPLE: the Senior Center of the Valley is requesting funding of a new Senior Nutritional Program. The total cost of the program is $1,000. A total of $500 in CDBG funds are being requested for operating expenses associated with the proposed activity. General funds and/or other income of the center will pick-up the remaining costs for the program). 5 Agenda Item No. 11 Page 88 of 102 TOTAL BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED I. Personnel A. Salaries & Wages $ $ B. Fringe Benefits $ $ C. Consultants & Contract Services $ $ SUB-TOTAL $ $ II. Non-Personnel A. Space Costs 9; $ B. Rental, Lease or Purchase of Equipment $ $ C. Consumable Supplies 9; $ D. Travel 9; $ E. Telephone $ 9; F. Other Costs $ $ SUB-TOTAL $ $ III. Architectural/Engineering Design $ 9; IV. Acquisition of Real Property $ $ V. Construction/Rehabilitation $80 000 9; 80 000 VI. Indirect Costs $ "nnn $ TOTAL: $R!; nnn !l:Rn nnn B. Leveraging Identify other funding sources (commitments or applications) for funding from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment VI-B, Exhibits 1,2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Fundlnq Source General Fund Amount Requested $ 5,000 Date Available July 1, 2009 Type of Commitment City Budget C. Provide a summary by line item of your organization's previous year's income and expense statement. (Attachment VI-C, Exhibits 1, 2, etc.) See Attached Budget 6 Agenda Item No. 11 Page 89 of 102 D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes No If yes, identify sources and indicate outcome. If no, please explain E. Was this project previously funded with CDBG funds? Yes X No If yes, when? 2008-2009 Fiscal Year Is this activity a continuation of a previously funded (CDBG) project? Yes~ No _ If yes explain' ProjR,,1 "0,;1,; RX"RRrlRrl fllnrling "lIo""lion Arlrlition,,1 CORe; fllnrling i,; needed to move forward with the proiect. VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source State Park Bond CDBG Activitv Park Renovation Playground Equip. Year 2006-07 2007 -08 Allocation $300,000 $131,000 Amount Expended $300,000 $131,000 B. Management Systems Does your organization have written and adopted management systems (Le, policies and procedures) including personnel, procurement, property management, recording keeping, financial management, etc.? Yes, this management system is operated by the City's Human Resource's Dept. C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII-C, Exhibits 1, 2, etc.) Ray Gonzales, Director Parks and Recreation (29 yrs. Expereicne in program and construction projects. D. Should the appiying entity be awarded CDBG funds, identify primary project objectives and goals using an Estimated Timeline for Project Implementation: 7 Agenda Item No. 11 Page 90 of 102 OBJECTIVE Obtain bids / Award Contract Start Construction START DATE December 2008 July 2009 COMPLETION DATE January 2009 September 2009 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): X 1. The information contained in the project application is complete and accurate. X 2. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. X 3. The applicant is fully aware that the federal assistance made available through the CDBG program funding is not being utilized to substantially reduce the prior levels of local financial support for community development activities. X 4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. X 5. If CDBG funds are approved. the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. X 6. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). Print NamelTitle Authorized Representative Ra Gonzales Director of Parks and Recreation Signature DATE 8 Agenda Item No. 11 Page 91 of 102 Applicant's Check-list. The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ATTACHMENT X D 11.1 Board of Directors X D 11.2 Articles of Incorporation and Bylaws X D III. Project Activity. Map X D IV.B.1.Project Description X D V. Project Benefit, Category 2. Slum Blight Documentation D D V. Project Benefit, Category 3, Urgency D D VI. B. Leveraging X D VI.C. Income and Expense Statement X D VII.C. Management Capacity 9 Agenda Item No. 11 Page 92 of 102 COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009- 2010 ApPLICATION FORM I. GENERAL INFORMATION: Applying Entity or Agency: Citv of Lake Elsinore Location: 1:i0 S MFlin Street City: Lake Elsinore Zip Code: Q?<;<\n Mailing Address: 1:i0 S Main Street Zip Code: 9253Q Telephone Number: (Q<;1) R74-<\1?4 y ?R<; Fax Number: Executive Director: Bob Brady Title: City Manager Telephone Number: (951) 674-3124 x 265 E-mail: bbrady@lake-elsiore.org Program Manager: Rav Gonzales Title: nirp.r.tnr of PFlrk~ P, Rer. Telephone Number: (951) 674-3124 x 265 E-mail: rgor17:::1lpc:. ((IlI:::lkA-pl~innrA org Address (If different from above): Grant Writer: Claudia Davis Title: An"l\f~t Telephone Number: (951) 674-3124 x 265 E-mail:cdavis@lake-elsinore.org II. ORGANIZATIONAL HISTORY: (This is applicable on Iv if you are a non-profit organization). Date Organization founded: 1 RRR Date Organization incorporated as a non-profit organization: ~I/A Federal identification number: Q'i.ROOO.707 State identification number: 749-0?Ofi" Number of paid staff: qn Number of volunteers: 1 nn ATTACH: Current Board of Directors (Label as Attachment 11.1) Articles of Incorporation and By-Laws (Label as Attachment 11.2) Agenda Item No. 11 Page 93 of 102 III. PROJECT ACTIVITY: CDBG Funds Requested: $ c;n nnn , (total amount for the project only) Where will the proposed activity occur (be specific as to the geographic scale of the proposed activity)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? (Attachment III. Project Activity.1) o Countywide (check if project will serve multiple districts and/or cities). X City(ies) City of Lake Elsinore and County Residents Community(ies) Regions Other What Supervisorial District does the activity occur within? #1 Check ONLY the applicable category your application represents. o Real Property Acquisition 0 Public Service o Rehabilitation/Preservation (please provide picture of structure) XX Public Facilities Improvements (construction) Other: (provide description) o Housing IV. PROJECT NARRATIVE: A. Name of Project: I "kA r:nmmllnity r:AntAr RAnn""tinn Specific Location of Project (include street address, if applicable): Street: ~1n W (;r"h"m A"A City: Lake Elsinore Zip Code: 9?S~n Attach maps of proposed project(s) location and service area. B. Provide a detailed Proiect Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity. (Attach additional sheets if necessary - Attachment IV.B.Project Description): The Lake Community Center was built in 1940's and is being used as a recreational facility by the City of Lake Elsinore Parks and Recreation Department. The proposed project is for Phase II of the Lake Community Center. This phase would include kitchen renovation to include cabinet replacement, installation of new flooring, painting, and purchase of new appliances. In 2 Agenda Item No. 11 Page 94 of 102 addition, exterior doors to the facility will be replaced and wall mats would be installed in the gymnasium. C. Provide a detailed description of the proposed use of the CDBG funds only (i.e. client scholarships, purchase a specific piece of equipment, rent, supplies, etc.): CDBG funds will be used to design, construct, and renovate the kitchen and purchase appliances. D. Outcomes and Performance Measures The main outcomes and performance measures are: 1) Provide quality kitchen facilities that meet our community's needs. 2) Provide efficient and effective service to the public. Number of clients or units of service to be provided using CDBG funds onlv during the term of the grant (1-year, 2-year, etc.: This is based on the expected number of clients to be served if the County funds your project for the requested amount. Length of the project (months, year, etc.): Unduplicated number of clients projected to serve (e.g.25 clients) Units of service (duplicated, i.e. 25 clients X 10 visits = 250 units of service) Service is provided to (check one or more): OMen 0 Women 0 Children 0 Men/Women X Men/Women/Children 0 Families X Seniors 0 Severely Disabled Adults Range of children's ages 3 to 17 yrL o Migrant Farm Workers 0 Homeless Number of beds of facility Anticipated number of "new" beds Length of stay (if residential facility) E. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meets these goals and objectives (measures should be both qualitative and quantitative)? The project will have a presumed benefit in that the low-to-moderate income area the project is being constructed will benefit all residents within a three mile radius of the project. 3 Agenda Item No. 11 Page 95 of 102 F. Discuss how this proiect will benefit low- and moderate- income residents. The Center is located in a low-to-moderate area of the city and this project will provide facilities that are accessible, meet hygiene standards, provide quality customer service, and foster community pride and ownership. G. Respond to A & B onlv if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes _ No_ (b) If service is not new, how will the existing public service activity level be substantially increased? H. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? The Parks and Recreation Department develops and disseminates promotional materials (flyers, news release, and brochures) for programs and activities year-round and the facility is open to the public. Continue to provide free and subsidy programs to the community. I. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? The City has operated the Center for the past 15 years and will continue to operate and fund the various programs and activities for years to come. V. PROJECT BENEFIT: All CDBG-funded activities must meet one of three National Objectives of the CDBG program. Indicate how the proposed activity will meet a National Objective. CATEGORY 1 Benefit to low-moderate income persons (must be documented). Please identify how you plan to document the persons to be served are low-moderate income persons by providing information in either A, B, or C. A. Area Benefit: The project or facility serves, or is available to, all persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data. If you need assistance in determining the appropriate census data, please call EDA. Census Tract and block group numbers: CT 430.06 BG CT BG CT CT BG BG CT CT BG BG # Total population in Census Tract(s) / block group(s) # Total iow-moderate popuiation in Census Tract(s) / block group(s) 4 Agenda Item No. 11 Page 96 of 102 B. Limited Clientele: The project serves clientele that will provide documentation of their familv size. familv income. and ethnicitv. Identify the procedure you currently have in place to document that at least 51 % of the clientele you serve are low-moderate income persons. C. Clientele presumed to be principally low- and moderate-income persons: The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories. The activity will benefit (check one or more) o Abused children o Battered spouses . 0 Elderly persons o Severely disabled adults o Homeless persons o Illiterate adults o Persons living with AIDS o Migrant Farm workers Describe your clientele to be served by the activity. The center is open to all age groups male and female living in the community of Lake Elsinore and local areas. CATEGORY 2 Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area. Is the project located in a Redevelopment Area? X Yes _ No If yes, attach map of the area with the site highlighted, and provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also, document the specific redeveiopment objectives pertaining to the proposed project. (Label attachments: V Category 2, Exhibit 1, 2, etc.) CATEGORY 3 Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin. Provide documentation which demonstrates the health or safety condition has existed within the previous 18 months. (Label attachments: V Project Benefit, Category 3, Exhibit 1, 2, etc.) VI. FINANCIAL INFORMATION: A. Proposed Project Budget Complete the following annual program budget to begin July 1. If these line items are not applicable to your activity, please attach an appropriate budget. Provide total Budqet information and distribution of CDBG funds in the proposed budqet. 5 Agenda Item No. 11 Page 97 of 102 The budgeted items are for the activity for which you are requesting CDBG funding - not for the budget of the entire organization or agency (EXAMPLE: the Senior Center of the Valley is requesting funding of a new Senior Nutritional Program. The total cost of the program is $1,000. A total of $500 in CDBG funds are being requested for operating expenses associated with the proposed activity. General funds and/or other income of the center will pick-up the remaining costs for the program). 6 Agenda Item No. 11 Page 98 of 102 TOTAL BUDGET CDBG FUNDS (Include CDBG Funds) REQUESTED I. Personnel A. Salaries & Wages $ $ B. Fringe Benefits $ $ C. Consultants & Contract Services $ $ SUB-TOTAL $ $ II. Non-Personnel A. Space Costs $ $ B. Rental, Lease or Purchase of Equipment $ $ C. Consumable Supplies $ $ D. Travel $ $ E. Telephone $ $ F. Other Costs $ $ SUB-TOTAL $ $ III. Architectural/Engineering Design $ $ IV. Acquisition of Real Property $ $ V. Construction/Rehabilitation $SO SOO $ SO 000 VI. Indirect Costs $ "noo $ TOTAL: $55 nnn !l:5n nnn B. Leveraging Identify other funding sources (commitments or applications) for funding from other sources to assist in the implementation this activity. Attach current evidence of commitment (Attachment Vl-B, Exhibits 1,2, etc.). If commitments are pending, indicate amount requested and attach documentation regarding previous year's funding. Fundina Source General Fund Amount Reauested $ 5,000 Date Available July 1, 2009 Type of Commitment City Budget C. Provide a summary by line item of your organization's previous year's income and expense statement. (Attachment VI-C, Exhibits 1, 2, etc.) See Attached Budget 7 Agenda Item No. 11 Page 99 of 102 D. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes No If yes, identify sources and indicate outcome. If no, please explain E. Was this project previously funded with CDBG funds? Yes No X If yes, when? Is this activity a continuation of a previously funded (CDBG) project? Yes_ No _ If yes explain: VII. MANAGEMENT CAPACITY: A. Describe your organization's experience in managing and operating project or activities funded with CDBG or other Federal funds. Include within the description a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. Source State Park Bond CDBG Activitv Park Renovation Playground Equip. Year 2006-07 2007-08 Allocation $300,000 $131,000 Amount Expended $300,000 $131,000 B. Management Systems Does your organization have written and adopted management systems (i.e, policies and procedures) including personnel, procurement, property management, recording keeping, financial management, etc.? Yes, this management system is operated by the City's Human Resource's Dept. C. Capacity: Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. Provide a detailed organizational chart (Attachment VII-C, Exhibits 1, 2, etc.) Ray Gonzales, Director Parks and Recreation (29 yrs. experience in program and construction projects. D. Should the applying entity be awarded CDBG funds, identify primary project objectives and goals using an Estimated Timeline for Project Implementation: OBJECTIVE Obtain bids I Award Contract Start Construction START DATE July 1, 2009 September 2009 COMPLETION DATE August 2009 January 2010 8 Agenda Item No. 11 Page 100 of 102 APPLICATION CERTIFICATION Undersigned hereby certifies that (initial after reading each statement and sign the document): X 1. The information contained in the project application is complete and accurate. X 2. The applicant agrees to comply with all Federal and County policies and requirements imposed on the project funded in full or part by the CDBG program. X 3. The applicant is fully aware that the federal assistance made available through the CDBG program funding is not being utilized to substantially reduce the prior ievels of local financial support for community development activities. X 4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life. X 5. If CDBG funds are approved, the applicant acknowledges that sufficient funds are available or will be available to complete the project as described within a reasonable timeframe. X 6. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President). Print NamelTitle Authorized Representative Ra DATE II / 'lflo~ { I 9 Agenda Item No. 11 Page 101 of 102 Applicant's Check-list. The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE. Yes NO ATTACHMENT X 0 11.1 Board of Directors X 0 11.2 Articles of Incorporation and Bylaws X 0 III. Project Activity. Map X 0 IV.B.1.Project Description X 0 V. Project Benefit, Category 2. Slum Blight Documentation 0 0 V. Project Benefit, Category 3, Urgency 0 0 VI. B. Leveraging X 0 VI.C. Income and Expense Statement X 0 VII.C. Management Capacity 10 Agenda Item No.. 11 Page 102 of 102 ~ CITY OF .x~ LAKE ,6,LSI fiORE ~ DREAM E,XTRH,\E "'<7'" TO: REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER FROM: DATE: NOVEMBER 25, 2008 SUBJECT: ANNUAL SOFTWARE MAINTENANCE AGREEMENT RENEWAL WITH SUNGARD PUBLIC SECTOR Backqround SunGard Public Sector is the software company that is responsible for all of our programs on the IBM iSeries 520 and Naviline servers. These include: Cash Receipts, GMBA, Payroll/Personnel, Building Permits, Business Licenses, Code Enforcement, Land/Parcel Management, Planning and Zoning and custom program modifications for these modules. Discussion We have been using this enterprise software since 1992 and have continued with annual software maintenance in order to get the latest program updates and support. This also covers phone and dial in service for all programs. Because this is a sole source vendor, as long as we continue to use the software, we must continue to use SunGard Public Sector for maintenance and support. Fiscal Impact As shown on attachment A, the annual software maintenance agreement cost is $38,667.52 with tax. The funds are available through the fiscal year 08-09 budget under the Equipment Maintenance and Repair line item. Agenda Item No. 12 Page 1 of4 Annual Software Maintenance November 25, 2008 Page 2 Recommendation That the City Council authorize the City Manager to renew the annual software maintenance agreement with SunGard Public Sector. Prepared by: Mark Dennis '/Yi;::r-- Information/Communications Manager Robert A. Brady& r(t City Manager ~~ Approved by: Agenda Item No. 12 Page 2 of 4 ~ 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungard.com/pu blicsector SUNGARD'PUBLlC SECTOR RECFIVED NOV 11' 4 2008 Invoice Company 100 Document No 885747 Date 29/0ctl2008 Page 1012 ~COUNTS PAV.~~L~ Bill To: City of Lake Elsinore 130 South Main Street LAKE ELSINORE, CA 92530 United States Attn: Accounts Payable 951-674-3124 Ship To: City of Lake Elsinore 130 South Main Street LAKE ELSINORE, CA 92530 United States Attn: Accounts Payable 951-674-3124 Customer Grp/No. 1 1780 Customer Name City of Lake Elsinore Customer PO Number Currency USD Terms NET30 Due Date 28/Nov12008 Page 3 of 4 SUNGARD. PUBLIC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungard.com/pu blicsector Invoice Company 100 Document No Date 885747 291Octl2008 Page 2012 Bill To: City of Lake Elsinore 130 South Main Street LAKE ELSINORE, CA 92530 United States Altn: Accounts Payable 951-674-3124 Ship To: City of Lake Elsinore 130 South Main Street LAKE ELSINORE, CA 92530 United States Altn: Accounts Payabie 951-674-3124 Customer PO Number :;ot~~!a~,a[~-:P.4bjiPi~~4,t~i 16- ~HiQ~ :$l,~ m~rlc;a: :": ~:,:_:~;-,; > ,12(Q~ COJ1ec;l.lqn: center D) ~~:S;::N~!i99;tt.~~~3 ,~,., ..,,, Page 4 of 4 CITY OF .~ LAI(f: \&,LsiNO~ ~.4:? DREAM E)<'TREMEN REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25,2008 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH HDR, INC. TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS "DIAMOND STADIUM DEVELOPMENT" Backaround The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process and cost recovery system. Discussion The project consists of a commercial development located on multiple parcels in the vicinity of Diamond Stadium (refer to attached Vicinity Map). Civic Partners solicited several scopes/cost estimates from reputable environmental firms most familiar with balancing environmental compliance with City processing. As a result, Civic Partners, with the Staffs approval, chose HDR, Inc. Pursuant to the California Environmental Quality Act (CEQA), a determination on the appropriate type of CEQA document will be made by Staff upon completion of an Initial Study (IS) and supporting technical studies. Should the IS based upon supporting technical data conclude that there will be potentially significant impacts that cannot be mitigated, an Environmental Impact Report (EIR) will be prepared. Based upon the size of the project, and the anticipated level of significance of impacts, the scope prepared by the consultant estimated the costs associated with preparation of an EIR. Agenda Item No. 13 Page 1 of 17 Diamond Stadium Development CEQA Contract November 25, 2008 Page 2 The proposed cost for HDR, Inc. to prepare the IS and EIR as well as complete the CEQA process for the Diamond Stadium Development is not to exceed $115,200. FiscallmDact The cost of preparing the environmental review will be paid by fees collected from the applicant through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. Recommendation Staff recommends that the City Council authorize the City Manager to enter into a contract with HDR, Inc. not to exceed $115,200. Prepared by: Tom Weiner ~ Acting Director of Community Development Robert A. BradyllJ) City Manager llQl> Approved by: Attachments 1. Vicinity Map 2. HDR, Inc. Proposal Agenda Item No. 13 Page 2 of 17 VICINITY MAP DIAMOND STADIUM DEVELOPMENT II ---.c 0::'- :;(, QC J2 5' )\ -, ~SYLVESTERST 'I' ,'j '. ," " '.'~ CITY COUNCIL NOVEMBER 25, 2008 Agenda Item No. 13 Page 3 of 17 October 20, 2008 Mr. Tom Weiner, Planning Director City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Subject: Environmental Documentationfor the Diamond Center Development, City of Lake Elsinore Dear Mr. Weiner: The combination of HDR's experience in specific plan preparation, entitlement processing, commercial development planning, environmental strategy and documentation experience, and work in the City of Lake Elsinore will assist the City to successfully prepare and process an environmental impact report (EIR) for a large-scale mixed-use center adjacent to the Diamond ballpark in the City of Lake Elsinore. Melyssa Sheeran will serve as the overall Program Manager for this effort and Sophia Habl Mitchell will serve as the Environmental Task Lead. I will serve as the Principal in Charge providing project oversight and quality control. We have included the following with this letter: . CEQA documentation scope! cost . Schedule We are looking forward to working with the City of Lake Elsinore, and thank you for this opportunity. If you have any questions, please contact me. I can be reached at 951-544-9458. Sincerely, HDR ENGINEERING, INC. ~c/yL Lloyd Zola Vice-President HUH Engineering. Inc. 2280 MarkelSlreel Suite 100 Riverside,CA 92501 951-320-7300 951-320-7301 (fax) Agenda Item No. 13 Page 4 of 17 Scope of Work October 20, 2008 CEQA Processing (EIR) for the Diamond Center Development City of Lake Elsinore, California This scope of work is for preparation and processing of a Notice of Preparation and Environmental Impact Report (EIR). This scope has been developed based upon information provided by the City of Lake Elsinore (City) and Civic Partners (Applicant). Project Understanding For cost estimate purposes, it is assumed the following documentation and supporting information will be prepared on behalf of the Applicant under separate contract, and provided to HDR for review and use in preparing the environmental documentation (as appropriate, need hardcopy and electronic files for each): . Mr Quality Technical Report (including Greenhouse Gas Emissions Analysis) . Biological Resources Technical Report . Cultural Resources Report . Geology Report . Hydrology/Drainage Report . Noise Report . Phase I Environmental Site Assessment . Traffic Impact Assessment Report . Water Quality Management Plan . Water Supply Assessment Task 1: Project Initiation/Coordination and Attendance at Meetings All project initiation and coordination activities related to the CEQA process, including attendance at meetings, will be undertaken under this task. This task includes an allowance for up to 160 hours of staff time for coordination efforts related to the environmental review of the proposed project. This task includes the following: . Coordination with the City and Applicant to gather all necessary data and information; . Development of appropriate level of detail and format for the document; liI~ October 20, 2008 Agenda Item No. 13 Page 5 of 17 . Coordination with project consultants and subconsultants; . Identification of additional data needs;' . Attendance of Environmental Project Manager at one (1) kick-off meeting and four (4) project coordination meetings; . Bi-weekly conference calls with project team to review project status and outstanding items; and . Attendance of Environmental Project Manager at one (1) Planning Commission meeting, and one (1) City Council hearing. . Coordination with Specific Plan preparation team to identifY environmental constraints and concerns with proposed design during the planning stages. HDR will attend any additional meetings beyond this allowance, if requested, and will invoice in accordance with current fee schedules, following receipt of written authorization to proceed. Task 2 - Preparation of Notice of Preparation HDR will prepare a Notice of Preparation (NaP) for a Draft EIR (DEIR) for public review. The City has indicated that an Initial Study does not need to be prepared for the project. This is a benefit to the Applicant as it will speed up the issuance of the Nap and also avoid the cost of preparation of an Initial Study. Following City review of the Nap, HDR will finalize the Nap and incorporate necessary changes. HDR assumes that changes will be minimal, due to early consultation with the City and previous review of technical reports by HDR and City personnel. HDR assumes that 75 copies of the Nap will be required for distribution. HDR will prepare the Nap for public circulation and review, and transmit the required copies to the State Clearinghouse and agencies on the City's distribution list. HDR will also prepare the Notice of Completion (NOC) for transmittal to the State Clearinghouse. The Nap will be circulated for a 30-day public/agency review to solicit comments regarding the scope of the DEIR. All Nap response issues received during the public review period will be evaluated in the DEIR. Deliverables: . Nap (75 hard copies, 1 electronic copy) . NOC for Nap (1 electronic copy) Task 3 - Preparation of Environmental Impact Report Task 3.1 Draft Environmental Impact Report The DEIR will be prepared in accordance with Sections 15080-15097 of the CEQA Guidelines and will include all CEQA- and City-required sections. Environmental analysis will cover the proposed development on the project site. Each environmental issue analysis section will I Although not anticipated, HDR is aware that changed site plan conditions or development regulations occasionally result in the need to amend the contract scope and costs. HDR would coordinate any additional needs with both the City and Applicant for approval. li):{ October 20, 2008 Agenda Item No. 13 Page 6 of 17 include a description of existing conditions, project impacts, level of significance of project and cumulative impacts, mitigation measures, and level of significance with mitigation measures incorporated. The following provides a brief discussion of the work to be undertaken for each of the key sections in the DEIR. Section 1.0 - Introduction and Executive Summary: The introduction will include information regarding the purpose of the DEIR and procedural information. This section is also intended to provide a quick understanding of the proposed project's predicted impacts and mitigation measures. It will identify, in an overview fashion, the proposed project under consideration and its objectives, including any design features that will be implemented. This section will briefly discuss the environmental impacts associated with project implementation (whether beneficial or adverse, significant or less than significant). Section 2.0 - Project Description: The project description will include the proposed project location and setting, site characteristics, project objectives, and the characteristics of the project. This section will also include the permits, entitlements, and approvals needed for the project, including those being requested at this time and the future permit, entitlements, and approval needed for project implementation. Section 3.0 - Regional Environmental Setting: This section will provide an overview of the environmental and jurisdictional setting for the proposed project. An analysis of the major environmental characteristics and surrounding land uses will be presented, along with a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. This regional environmental setting will constitute the general baseline of physical conditions by which the City determines an impact to be significant. Section 4.0 - Environmental Impact Analysis: For each potentially significant issue identified in the NOP, this section of the EIR will include a discussion of the project-specific environmental setting, significance thresholds, project impacts, mitigation measures, cumulative impacts, and the level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize defined thresholds of significance to determine the impacts of the proposed project. It is assumed that the majority of the environmental issue areas will be discussed based upon information from a technical study provided by the Applicant. HDR will review these technical reports for consistency with the project description and review conclusions for incorporation into the EIR. If any inconsistencies are identified, HDR will inform the City and the applicant. Only those issues identified as being significant in the NOP will be included in the EIR. The following is an overview of the approach to the key environmental issues that might need to be addressed in an EIR for the project: Aesthetics -HDR will prepare an EIR section which analyzes the project's impacts on scenic resources and vistas. Additionally, this section of the EIR will address the visual character of the project site and surroundings as well as lighting/glare issues. Any significantly altered viewsheds will be described and mitigation measures developed to reduce any impacts to less than significant. This scope of work does not assume the preparation of visual simulations for the aesthetics analysis. If the City determines that visual simulations are needed, HDR can prepare them under a separate scope of work. Air Quality - HDR will review the air quality report prepared by the Applicant's consultant to check for consistency with the project description and review conclusions for incorporation into the EIR. If any inconsistencies are identified, HDR will inform the City and the applicant of what additional information is needed. HDR will incorporate the findings of the air quality technical report. The section will describe the existing air basin, and county, ID~ October 20, 2008 Agenda Item No. 13 Page 7 of 17 state, and federal mandated significance thresholds will be documented. Project-related emissions (construction, operation, and special event) will be documented for each proposed land use and results of the carbon monoxide hot spot analysis run by the Applicant's consultant. Mitigation measures will be proposed in response to conclusions of potentially significant project impacts. In addition, HDR assumes that the air quality report will include a quantitative analysis of the project's generation of green house gas emissions. HDR will incorporate this information into the EIR and address the project's contribution to global climate change. Biological Resources - HDR will review the biological technical report prepared by the Applicant's consultant to check for consistency with the project description and review conclusions for incorporation into the EIR. If any inconsistencies are identified, HDR will inform the City and the applicant of what additional information is needed. HDR will incorporate the findings of the biological technical report into the DEIR, which will include a discussion of existing on-site biological resources, including threatened and endangered species, sensitive habitat, and state and federal regulatory agency resources. The project's consistency with the Western Riverside County Multiple Species Habitat Conservation Plan will also be discussed. The potential impacts to biological resources as a result of the project will be documented. Mitigation measures will be proposed in response to conclusions of significant project impacts, if applicable. Cultural Resources- HDR will review the cultural resources study prepared by the Applicant's consultant to check for consistency with the project description and review conclusions for incorporation into the EIR. If any inconsistencies are identified, HDR will inform the City and the applicant of what additional information is needed. The DEIR will include a summary of the records searches and field reconnaissance conclusions. The DEIR will identify project-related impacts to cultural and paleontological resources and mitigation measures will be developed, if required. Since the project will include either a Specific Plan, Specific Plan Amendment, and/or General Plan Amendment, HDR will assist the City with initiating Senate Bill 18 Native American Tribal consultation, by contacting the Native American Heritage Commission to retrieve a list of Tribes, preparing letters to the Tribes on behalf of the City, mailing the letters, and tracking responses. Geology and Soils - HDR will review the geotechnical report prepared by the Applicant's consultant to check for consistency with the project description and review conclusions for incorporation into the EIR. If any inconsistencies are identified, HDR will inform the City and the applicant of what additional information is needed. Features to be documented include unstable soils/slopes, historical landslides, earthquake faults and seismic safety zones, and on-site soil types. Soils and geologic features will be graphically depicted. Project-related impacts to geotechnical resources will be evaluated and mitigation measures included, if required. Hazards and Hazardous Materials - HDR will review the Phase I Environmental Site Assessment (ESA) prepared by the Applicant's consultant to check for consistency with the project description and review conclusions for incorporation into the EIR. If any inconsistencies are identified, HDR will inform the City and the applicant of what additional information is needed. Analysis will include review of historical aerial photographs, county records and a site analysis. Project-related impacts will be evaluated and mitigation measures included, if required. Hydrology/Water Quality - HDR will review the findings of the Hydrology Report and Water Quality Management Plan prepared by the Applicant's consultant to check for consistency with the project description and review conclusions for incorporation into the I-i)~ October 20, 2008 Agenda Item No. 13 Page 8 of 17 EIR. If any inconsistencies are identified, HDR will inform the City and the applicant of what additional information is needed. Based on the Hydrology report, the EIR will analyze the following: on-site hydrologic conditions, evaluation of 100 year flood plains, dam inundation areas, existing runoff volumes, post development hydrology conditions, and any required mitigation measures. Depending on the extent of information, this section may be split into separate sections for Hydrology and Water Quality. Water quality information will include Best Management Practices, Best Available Technology, and Best Conventional Technology. Land Use - HDR will review the East Lake Specific Plan and discuss the currently approved land uses for the project site as well as the uses proposed for the project site, along with the proposed amendment to that Specific Plan, if the applicant ultimately chooses to amend the East Lake Specific Plan. If the applicant chooses to prepare a new specific plan for the project site, removing it from the East Lake Specific Plan, HDR will analyze that plan for its proposed land uses. This section of the EIR will also document the existing and proposed uses in the project vicinity as well as the project site's position within the GP Update, and the consistency of the proposed project with the City's existing and proposed General Plans. If applicable, mitigation measures will be identified to reduce impacts to below a level of significance. Noise - HDR will review the noise study prepared by the Applicant's consultant to check for consistency with the project description and review conclusions for incorporation into the EIR. If any inconsistencies are identified, HDR will inform the City and the applicant of what additional information is needed. The noise analysis will address the acoustical environment on and surrounding the proposed project site, and mandated significance thresholds will be documented. Project-related noise generation will be documented and graphically depicted. Mitigation measures will be included to mitigate any potentially significant adverse impacts to less than significant levels. Public Services and Utilities - Existing public services and facilities that would serve the project will be documented, including water, wastewater treatment, solid waste, recycling, electricity, natural gas, education, police protection, fire protection, recreation, and library services. Project-related impacts to each public service and utility will be documented, and appropriate mitigation measures will be included to reduce impact to less than significant levels. HDR assumes that a Water Supply Assessment pursuant to SB 610 will be prepared by either the project applicant or the water district and will be available for use in the EIR. Transportation/Traffic - HDR will review the traffic study prepared by the Applicant's consultant to check for consistency with the project description and review conclusions for incorporation into the EIR. If any inconsistencies are identified, HDR will inform the City and the applicant of what additional information is needed. The DEIR section will document existing traffic and circulation conditions in the vicinity of the proposed project and project-related traffic/circulation impacts (construction and operation). If applicable, feasible mitigation measures will be included to reduce potentially significant traffic impacts. Section 5.0 - Project Alternatives: Alternatives will be established in discussions among HDR, the City, and the Applicant early in the process. For the purposes of this proposal, three alternatives will be considered in this section of the DEIR, including, the No Project/Existing Plan Alternative. For each alternative, a description of the alternative, consideration of the alternative's feasibility in relation to the proposed project's basic objectives, and a comparative analysis of the environmental impacts attributable to the alternative versus those associated li):{ October 20. 2008 Agenda Item No. 13 Page 9 of 17 with the proposed project for each of the environmental categories discussed above will be provided. Consideration of any further alternatives, which may be required, will require modifications to the project budget. Section 6.0 - Environmental Effects Found Not to be Significant: This section will provide an overview of the environmental issue areas that were determined to be less than significant during the EIR process. Issues from the environmental checklist that were not mentioned in Section 4.0, above, are assumed to be in this section of the EIR. Section 7.0 - Growth-Inducing Impacts: HDR will prepare this CEQA-required analysis section, which will disclose any impacts of the project that would induce growth in the area. Section 8.0 - Inventory of Unavoidable Adverse Impacts: HDR will prepare this CEQA-required analysis section, which will disclose significant and unmitigated impacts, if any, that may result from the project. Section 9.0 - Significant Irreversible Changes: HDR will prepare this CEQA-required analysis section, which will disclose any significant irreversible environmental change that may result from the project. Section 10.0 - Persons and Organizations Consulted/References: HDR will prepare this section of the EIR to document all persons and sources that contributed to the environmental analysis. Screencheck and Draft EIR HDR will submit up to six copies of the Screencheck DEIR for City and, if desired by the City, Applicant review. Following review of the Screencheck DEIR, HDR will prepare the DEIR that incorporates final changes as approved by the City. HDR assumes that changes will be minimal due to early consultation with the City and Applicant, and previous approval of technical reports by City personnel. Should additional copies of the screencheck be requested, a supplemental cost estimate will be prepared. HDR assumes that 75 copies (hardcopy) of the DEIR and technical appendices (on CD) will be provided for distribution. HDR will prepare the NOC to be distributed along with public circulation ofthe DEIR and will assist in transmitting the required copies to the State Clearinghouse and reviewing agencies. HDR will distribute up to 75 copies of the document via a trackable method (e.g., FedEx, UPS, or Golden State Overnight). Task 3.2 Response to Comments/Final EIR/CEQA Findings At the conclusion of the public review period, HDR will obtain all comments received on the DEIR from the City. After consultation with the City, HDR will prepare the Screencheck Final EIR (FEIR). It will contain proposed responses to comments and revisions to the DEIR identified from review comments once all comments are received. Because it is difficult to predict the level of public comment on the EIR, for the purposes of this proposal, a contingency estimate is provided. HDR has assumed up to 40 hours of staff time to respond to comments. In the event that the public comments on the DEIR are greater than expected, HDR would consult with the City to develop adjustments to the work program as necessary. Revisions to the text will be addressed in a "Corrections and Additions" section of the FEIR. Up to six copies of the Screencheck FEIR will be submitted to the City and, if desired by the City, Applicant for review. Upon incorporation of one round of comments on the Screencheck FEIR, HDR will prepare the FEIR and CEQA Findings for submittl\l to the City. If the project results in significant and unmitigated impacts, HDR will also prepare a Statement of Overriding Considerations. The liH October 20, 2008 Agenda Item No. 13 Page 10 of 17 FEIR and Findings will be presented at the City Planning Commission and the City Council meetings. Responses to Comments will be distributed to responders at least 10 days prior to City Council approval. HDR will submit 24 copies each ofthese final documents to the City. Task 3.3 Mitigation Monitoring and Reporting Program Preparation HDR will prepare a draft MMRP for submittal with the FEIR. The MMRP compiles mitigation measures presented in the EIR. These mitigation measures and the established MMRP will be fully consistent with City policies and programs and will meet the requirements of Section 21081.6(a) of the California Public Resources Code. The draft MMRP will be revised and finalized based upon one round of City comments. HDR will submit 24 copies of the MMRP to the City. De/iverables: . Screencheck DEIR (6 hard copies, 1 electronic copy) . DEIR (75 hard copies with technical appendices on CD, 1 electronic copy) . Screencheck FEIR including Response to Comments (6 hard copies, 1 electronic copy) . FEIR including Response to Comments (24 hard copies, 1 electronic copy) . CEQA Findings (24 hard copies, 1 electronic copy) . Draft MMRP (3 hard copies, 1 electronic copy) . Final MMRP (24 hard copies, 1 electronic copy) OPTIONAL TASK A Mitigation Implementation Coordination In this era of increased scrutiny and litigation on CEQA projects, it has become even more important to ensure mitigation measures are tracked and implemented after project approval. Under Task 3.3 of this proposal, HDR has included a task for preparation of an MMRP pursuant to CEQA Guidelines Section 15097. This task expands upon Task 3.3 by providing additional mitigation compliance and coordination support to the City and Applicant. Under this task, HDR will create, manage, and implement a mitigation tracking tool ("Mitigation Tracker") to facilitate the City and Applicant with tracking and monitoring policy goals and mitigation measures outlined in the EIR. The Mitigation Tracker can also track the Specific Plan conditions of approval. The Mitigation Tracker is a customized web-based database that tracks in an organized fashion a variety of different measures by milestone, issue area (Le., air quality), department, (Le., planning), and status (Le., measure completed). Additionally, the Mitigation Tracker would store information (Le., monitoring reports, policy updates, and changes in conditions) regarding policies and mitigation and would provide the City with the ability to prepare status reports. This task includes the following activities: . Meeting with City staff to identify specific needs; . Development of the Mitigation Tracker; . Data entry of all the relevant policies and mitigation measures; and . 80 hours of on-going maintenance and support for the database. EH October 20, 2008 Agenda Item No. 13 Page 11 of 17 Cost Estimate - CEQA (EIR) Processing Reimbursable expenses, including travel/computer, technology charges, etc. will be invoiced in accordance with HDR standard rate schedule. Document reproduction is an estimate only and a detailed estimate will be obtained prior to document production. Costs are based upon the HDR standard hourly rate sheet (Attachment A). The costs are broken down by task according to each option below. TASK COST 1 Project Initiation/Coordination and Attendance at Meetings Task 1 Subtotal $18,700 2 Preparation of Notice of Preparation Task 2 Subtotal $1,500 3 Preparation of Environmental Impact Report 3.1 Draft Environmental Impact Report $70,000 3.2 Response to Comments/FEIR/CEQA Findings $13,400 3.3 Mitigation Monitoring and Reporting Program Preparation $1,800 Task 3 Subtotal $85,200 Document ReproductionjReimbursables Printing $5,800 Mailing $3,000 Travel $1,000 RIR Subtotal $9,800 Total (Tasks 1, 2, and 3) $115,200 OPTIONAL TASK A - Mitigation Implementation Coordination $24,750' .. 1 The Cost for development and mamtenance of HDR's basIC MItigation Tracker optIOn would be $24,750. Dependmg on the City's specific needs, the cost for developing the Mitigation Tracker may vary. HDR would meet with the City to adjust the work program accordingly. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, or requirements exceeding our specified budget allowances, HDR will only undertake such additional services upon receipt of authorization by the City of Lake Elsinore. ID~ October 20, 2008 Agenda Item No. 13 Page 12 of 17 I~ ;l l " I ., ~ ~I j . " ~ 0 ~ c m. g~ m m N .~ .~ ~ D ~ Z -'" 00 0- c o ~ D . w 0 5. E . z ." ~ ON ~g ~ ~~ .~* Q 00 ;l " .' Nl j:;:: f'" t:3<' "..... ,':',Y, .....,,",. ' ;';t - i 10 gC i ~" ~ :' t.,...... ; 1.\) ! r<. M " ~~" ;;:.;;:.~ ....:....:: . W,1Il II> III <Il:Ul ;;-i~'111:1 ;::~..., "',C\I;C\1 ~; , I I I I i I I I I I I I I I I I I I I r1i~:111 cg''<t:....'N , I I I I ! o ~ . . W , " ., ~ g!, ft) III Ul:IIl'IIl'~ III ;;-;;- ~:1;1::I; 'tJ 't:I" "0,(\1:(\1..... 00 It) O! c:;j'" ! '. '0::: E ,0 :E ,c... o , iQ;. 1ll1~ t:: c''6!O &..S!:m:O 4) e-::: a: Cll!~ i.~ t) Q.'";:iil; 'C 3.&:'g!a:.~ ~.s cP....ifij":z ~ III g S B :.~ ,.& l!!. ~ .~ .. C ='Cll!,f: Co a:.!!! ~~~ig;~l!!.~il; _ c :IJ: ia.. ,a... () a: .. 00; S.~ N; ~,jj l , . ~ 0 ~ [ 0 , , ~ . ... :~i " g .~: I';' .,;.~I' D. 'Ei .", t::, E' '~1 n ~;a: '~i,ll,c 8' .QI o a: '[jj: ~,g: ':g .~ g!~ 'B;~'~: '0- ,c... c..~ \.>. ;;: . '" ;;:' 0' .E .~ ~ JL~ !l) 0 '1l i c.' '0::: HH .i!i!lii~'~ ~.~ :i;l!!.'~ g ~ ~ c:,~ ii l!! ~:a.';!~';,~ b ~g;!~,c:;[ U,~!~i~ 0:& ui&i~!~i&jll , .~ I ~ II ,'n ~ No. 13 Page 13 of 17 AUTHORIZATION By signing below, the City of Lake Elsinore and HDR Engineering, Inc. agree to the Scope of Work, Cost Estimate, and Terms and Conditions attached hereto (Attachment B). "DR Engineering, Inc. City of Lake Elsinore By: Name: Title: Address: ~;2!7 Vice President 8690 Balboa Ave.. #200 San Diego. CA 92123 By: Name: Title: Address: Robert A. Brady Citv Manager 130 South Main Street Lake Elsinore. CA 92530 Attest Approved as to Form: Carol Cowley, Interim City Clerk City of Lake Elsinore Barbara Zeid Leibold, City Attorney City of Lake Elsinore li)~ October 20, 2008 Agenda Item No. 13 Page 14 of 17 Hl\1 ONE COMPANY Many Solutions" Attachment A HDR ENGINEERING, INC. Southern California Operations 2008 SCHEDULE OF CHARGES FOR PROFESSIONAL SERVICES LABOR Engineers Senior Company Officer Senior Principal Engineer Senior Engineer Section Manager Senior Project Manager Senior Engineer Project Manager Task Manager Project Engineer Associate Engineer Staff Engineer Junior Engineer Engineering Intern Architects Arch. Senior Project Manager Arch. Project Manager Specification Writer Project Architect/Senior Designer Project Designer Assistant Project Designer Architectural Intern $280 $260 $250 $225 $200 $175 $150 $125 $110 $100 $ 90 $ 60 $175 $150 $125 $125 $200 $100 $ 60 Scientists and Environmental Planners Program Manager $250 Section Manager $220 Environ. Senior Project Manager $190 Environ. Project Manager $175 Senior Scientist/Planner $150 Project Scientist/Planner $125 Associate Scientist/Planner $110 Staff Scientist/Planner/Field Monitor $100 Junior Scientist/Planner/Field Monitor $ 90 Environ. Intern $ 60 Technicians Senior Technician $120 Project Technician $110 Staff Technician $ 80 GIS GIS Manager $170 GIS Operator $120 GIS Staff Operator $110 Administrative Personnel Contracts Manager $120 Project Coordinator $100 Document Production Specialist $ 95 Clerk $ 55 OTHER DIRECT COSTS In-House Exoenses . Vehicle Mileage (per mile) $0.505 (subject to change to reflect !RS Mileage Reimbursement Rate) . Photocopies (per copy) $0.10 . Plotting (per square foot) Mylar Vellum Color Blueline $3.00 $1.00 $2.00 $1.00 Outside Expenses - Reimbursed At Cost + 15% . Contract Services - subconsultants, typing services, printing, etc. . Miscellaneous Supplies - equipment rental, project- specific supplies, etc. . Task Order-Related Travel Expenses - lodging, airtare, meals, car rentals, etc. . Mailing - postage, courier, overnight delivery, etc. . Communication - long distance telephone, fax, etc. E&RM-Schedule of Fees-A-2008 01/2008 Agenda Item No. 13 Page 15 of 17 Attachment B HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the cafe and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise. in connection with ENGINEER's services. 2. INSURANCE ENGINEER agrees to procure and maintain, al its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile liability insurance of $1 ,000,000 combined single limit for bodity injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; Commercial General Liability insurance of $1 ,000,000 combined single limit for personal injury and property damage; and Professional Uability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts. errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means methods techniques, sequences, procedures of construction, health or ~afety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to reyi~ all construction contract documents and to require that no proVISions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work which shall protect ENGINEER to the same degree as OWNER. ' Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OW~EA will provide all criteria and information pertaining to OWNER's reqUlrer:nents for the project, including design objectives and constraints, s~~ce, capacity and performance requirements, flexibility and expandabllJty, and any budgetary limitations. OWNER will also provide copies of any OWNER-furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER-furnished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attomey, insurance counselor or accountanl to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their . partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. B. RE.USE OF DOCUMENTS All documents, including all reports, drawings, specifications. computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are Intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend. indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is ~lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. (10/2006) Agenda Item No. 13 Page 16 of 17 Attachment B law or regulation, the appropriate govemmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is periorming professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator: "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permilled by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER INiI! retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1%) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within thirty (30) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to-proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCS's, petroleum, hazardous waste, or radioactive material located at or near the projecl site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by Terms & Conditions for Professional Services EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. LIMITATION OF LIABILITY ENGINEER's and its employees' total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER's and its employees' professional negligent acts, errors, or omissions, shall not exceed the greater of $50,000 or the total compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENGINEER and its employees from any liability above such amount. 16. 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 19. UTILITY LOCATION If underground sampling/testing is to be performed, a local utility locating service shall be contacted to make arrangements for aU utilities to determine the location of underground utilities. In addition, OWNER shall notify ENGINEER of the presence and location of any underground utilities located on the OWNER's property which are not the responsibility of private/public utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are properly marked. The OWNER agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from any claim of liability, injury or loss caused by or allegedly caused by ENGINEER's damaging of underground utilities that are not property marked or are not called to ENGINEER's attention prior to beginning the underground sampling/testing. 2 (10/2006) Agenda Item No. 13 Page 17 of 17 CITY OF .~ LA~E \6/LSiNO~ ~ DREAM EtTREME ,. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER NOVEMBER 25, 2008 DATE: SUBJECT: AGREEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS. TRACT 32996 BACKGROUND As a condition of development of Tract 32996, located northwest of Riverside Drive at the southerly end of Tiller Lane and Ulla Lane, the Developer, Wesco Homes (aka Red Kite LLC), was conditioned to construct certain street and storm drain improvements that will benefit other properties in addition to this tract map. The Developer has entered into an agreement providing for the completion of the work and the making of the improvements. DISCUSSION City execution of the agreement will ensure compliance with the Subdivision Map Act at section 66499.1 and. the Lake Elsinore Municipal Code. FISCAL IMPACT None. RECOMMENDATION The City Council authorize the Mayor to execute the Agreement for Construction of Improvements for the design and construction of Tract 32996 improvements. Prepared by: Rita Thompson Engineering Technician II Ken Seumalo ~ Director of Public Works, City Engineer Agenda Item No. 14 PagEJJ of 8 TR 32996, Construction Agreement November 25, 2008 Page 2 Approved by: Robert A. Brady () An. City Manager 'lktlY Attachments: Vicinity Map Agreement for the Construction of Improvements Agenda Item No. 14 Page 2 of 8 VICINITY MAP TRACT 32996 - WESCO HOMES NOVEMBER 25, 2008 PROJECT SITE Agenda Item No. 14 Page 3 of 8 AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned_~ e t> Knt:: LLC. whose business address is 2.01 00 S . ""~Clt. Wt:::.srel"N AV~ l ('I>-, ?OG'Ol herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as Tract Mao 32996 ; and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, hereinafter collectively referred to as "said ordinance"; and, WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; Ii NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, which work and improvements, without limitation by enumeration, consists of: Street and Storm Drain Imorovements The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which aijerations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10%) of the original estimated cost of the improvements; then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; 1 Agenda Item No. 14 Page 4 of 8 provided, further, in no event shall such change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consentS in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivide~s responsibility to initiate this work but if he should fail to do so, he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous' conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission Occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. . 2 Agenda Item No. 14 Page 5 of 8 The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials fumished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at any time after any such default, the City may make written demand upon the Subdivider and surety to immediately remedy the default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty (120) days after the making of such demand (or such other time as may be contained in said demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required, all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements, and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide Faithful Performance security in the amount.of Three Hundred Sixty Two Thousand Fifteen and 40/100" Dollars 1$362.050.40l to guarantee the performance of this agreement. In addition, the Subdivider shall provide Material and Labor security in the amount Three Hundred Sixty Two Thousand Fifteen and 40/100" Dollars 1$362,050.40l to guarantee payment to any contractors, 3 Agenda Item No, 14 Page 6 of 8 subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a corporate surety bonds, cash deposit or letter of credit. The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall be at the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs may be erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any ofthem, or any of their authorized representatives. .., 01 1..:_( In WITNESS WHEREOF, the Subdivider ha caused this agreement to be executed this Z7 day of V. v . , 2008. FOR: SIGNED: (Type NamelTitle) CITY OF LAKE ELSINORE BY: Robert A. Brady, City Manager CITY OF LAKE ELSINORE 4 Agenda Item No. 14 Page 7 of 8 ACKNOWLEDGMENT State of California County of lns A Y'\Qe.\es ) On ~ 12.~ J::J.Cr'R.. before me, title 0 the officer) personally appeared _Dnl""iCl~ 1\ JO h n~~ '. ' "" who proveillo me "onlfie baSIs of satlS~ctOry eYiirence to be the person(s) whose na"me(s) is/are,..n subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. paragraph is true and correct. WITNESS my hand and official seal. Signature '6,H'cf-~/'~ (Seal) Secretary of State of California 2008 Revision Agenda Item No. 14 Page 8 of 8 CITY OF ~ LAKE: 6LSiNORJ: ~...l DREAM EXTREME. REPORT TO CITY COUNCil TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCil FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: AGREEMENT WITH CASTLE AND COOKE FOR REIMBURSMENT OF THE COST OF MASTER PLAN DRAINAGE IMPROVEMENTS Backaround The City administers an Area Drainage Program that includes a fee imposed on all development for the construction of a master drainage system. This program is based on a system of drainage improvements and the fee is based on the cost estimate of these improvements. It is the intention of the program to provide funding for construction of all master planned drainage courses throughout the City. When a master plan facility that is listed in this program is constructed by a developer they are eligible for reimbursement for applicable construction costs. Discussion Castle and Cooke is developing the Alberhill Ranch, TR 28214, residential project located east of lake Street and south of Nichols Road. As a requirement of the project, Castle and Cooke is conditioned to install drainage improvements to mitigate the project's drainage impacts. Included with the required drainage improvements are portions of the master plan drainage system in the Rice Canyon drainage area. As described above, drainage improvements identified in the Area Drainage Program are eligible for reimbursement. Castle and Cooke desires to enter into a reimbursement agreement for this project and their future project TR 30836 located near Nichols Road and Collier Avenue. This agreement allows Castle and Cooke the flexibility to request either fee credits for units constructed or cash reimbursement for eligible improvements as approved by the City Engineer. Agenda Item No. 15 Page 1 of 17 Drainage Reimbursement November 25. 2008 Page 2 Fiscallmoact There is no direct fiscal impact because all reimbursable improvements have been budgeted within the Area Drainage Fee program. Castle and Cooke's drainage area fee obligation is $1.922.151; however the agreement identifies a maximum of $1.283,520 eligible for reimbursements for drainage improvements. Recommendation Authorize the Mayor to execute the Storm Drain Improvement Credit/Reimbursement Agreement with Castle and Cooke. Prepared by: Ken A. Seumalo .(is Director of Public Works Robert A. Brad,1I Ml City Manager ) ItW Approved by: Attachments: Vicinity Map Agreement Agenda Item No. 15 Page 2 of 17 VICINITY MAP Alberhill Ranch Drainage Reimbursement Agreement PROJECT SITE City Council November 25th, 2008 Agenda Item No. 15 Page 3 of 17 STORM DRAIN IMPROVEMENT CREDIT/REIMBURSEMENT AGREEMENT (Rice Canyon Drainage District) THIS STORM DRAIN IMPROVEMENT CREDIT/REIMBURSEMENT AGREEMENT (Rice Canyon Drainage District) (this "Agreement"), entered into this 25th day of November, 2008, between the CITY OF LAKE ELSINORE , a municipal corporation, hereinafter referred to as the "City," and CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability company, hereinafter referred to as the "Developer." City and Developer are sometimes hereinafter referred to individually as "party" and collectively as "parties." RECITALS A. Developer is the owner and developer of property located within the City, which property has received development approvals from the City including Vesting Tentative Tract Nos. 28214 and 30836 (collectively the "Property"). The Developer intends to develop Tract No. 28214 with 1,346 residential dwelling units and Tract No. 30836 with 208 residential dwelling units as part of a residential community known as Alberhill Ranch (the "Project"). A location map of the Property is attached hereto as Exhibit "A" and incorporated herein by this reference. B. As a condition of the development approvals for the Project, including the tract map approvals, the Developer is required to construct certain drainage improvements, including the Completed In-Lieu Facilities as defined herein. C. The Property lies within the following City drainage districts: Rice Canyon (hereinafter "RCDD"), Nichols Street Southwest, and West Lake Elsinore. The City's storm drain impact fee program for the RCDD ("Fee Program") identifies facilities required within, and for the benefit of, the RCDD ("Fee Program Facilities") and, pursuant to Chapter 16.72 of the City's Municipal Code, establishes a fee ("Drainage Fee") to be paid prior to the issuance of a building permit for a residential dwelling unit within the RCDD. The aggregate RCDD Drainage Fee obligation is currently set at $1,922,151. Previously collected Drainage Fees in the amount of $1,074,955 are currently held by the City in an account designated for RCDD capital improvements ("RCDD Account"). D. The type and scope of the Fee Program Facilities were predicated on a Master Storm Drain Plan prepared over 15 years ago. The storm drain facilities constructed or to be constructed by Developer are based on the most recent studies and currently approved land uses. The type and scope of current storm drain facilities constructed or to be constructed by Developer differs from the descriptions of the Fee Program Facilities. E. The City and Developer have mutually determined that certain storm drain facilities constructed by Developer provide equivalent benefit and utility ReDO Storm Drain Reimbursement Agml Castle.Cooke 1 of 12 Agenda Item No. 15 Page 4 of 17 within the RCDD such that these constructed facilities constitute equivalent Fee Program Facilities (the "Completed In-Lieu Facilities"). The Completed In-Lieu Facilities, the corresponding Fee Program Facilities, and the costs of such facilities are all described in Exhibit "8" attached hereto and incorporated herein by this reference. F. The City and Developer desire to enter into this Agreement in order to (i) reimburse or otherwise provide fee credits to Developer for the Completed In-Lieu Facilities, and (ii) provide a mechanism to address the approval, reimbursement and fee credits applicable to Future In-Lieu Facilities (defined herein) benefitting the RCDD, all as further described below. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and the mutual promises contained herein, it is agreed as follows: Section 1. Purpose of the Aareement. Pursuant to this Agreement, the Developer shall cause the Fee Program Facilities and, to the extent applicable, approved Future In-Lieu Facilities, (collectively, the "Improvements") to be designed, engineered, permitted and constructed and the City shall credit or pay the Developer as set forth in Sections 5. Section 2. Preparation and Approval of Plans and Specifications: Determination of Future In-Lieu Facilities. (a) The Developer has or shall cause plans and specifications (the "Plans") to be prepared for the Improvements and obtain all of the permits ("Permits") required for construction of the Improvements. The Developer shall provide a copy of the Plans to the City Engineer and shall obtain the written approval of the Plans from City and other applicable public agencies. (b) The City and Developer agree that the type and scope of the Fee Program Facilities were predicated on a Master Storm Drain Plan prepared over 15 years ago and that certain storm drain facilities to be constructed by Developer for the Project may differ from the descriptions of the Fee Program Facilities but nonetheless provide equivalent benefit and utility within the RCDD such that these future facilities ("Future In-Lieu Facilities") may constitute equivalent Fee Program Facilities. Accordingly, the Developer may request, and the City Engineer shall reasonably consider the request of the Developer to designate that certain Future In-Lieu Facilities constitute equivalent Fee Program Facilities eligible for Fee Credits and/or reimbursement as provided herein. Section 3. Dutv of Developer to Construct. The Developer shall construct or cause the Improvements to be constructed in accordance with the approved Plans by the City Engineer. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Improvements in a good, workmanlike and commercially reasonable manner, with the ReDO Storm Drain Reimbursement Agmt Castle.Cooke 2 of 12 Agenda Item No. 15 Page 5 of 17 standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall not be relieved of its obligation to construct the Improvements and cause title to the Improvements to be conveyed to the City even if the sum of the Fee Credits and reimbursements is less than the actual cost of the Improvements. Notwithstanding the foregoing, nothing set forth in, this Agreement shall be construed to require the Developer to perform any work requiring a contractor's license, nor shall the Developer be deemed to be performing construction services pursuant to this Agreement. ' Section 4. ACQuisition of Improvements bv the Citv. The Developer hereby agrees to convey to the City and the' City hereby agrees to accept the Improvements and to issue the appropriate Fee Credits, and pay reimbursements if applicable, to the Developer for the Improvements, subject to the terms and conditions hereof. Section 5. Procedure for Reimbursement and/or Fee Credit Applicable for Improvements. The Developer acknowledges that as of the date of this Agreement the aggregate RCDD Drainage Fee obligation is $1,922,151. The Developer further acknowledges that this Agreement does not serve, to estop the City from making further adjustments to the Drainage Fee, consistent with Chapter 16.72 and State law. Finally, the Developer acknowledges that the City Council may consider adjustments to the Drainage Fee. The parties agree that the dollar amount of any Drainage Fee credit to be earned by the Developer pursuant to this Agreement ("Fee Credit") will be determined by the fee schedule and authorized maximum budget as set forth in the Fee Program in place at the time the City Engineer issues the Credit Notice. Additionally, the parties agree that certain components of Improvements can be separately identified, inspected and completed, and can be the subject of a Payment Request hereunder (an "Improvement"). (a) Upon recordation of a Notice of Completion for an Improvement and acceptance of the Improvement by the City Engineer, the Developer shall submit a billing to the City Engineer requesting determination of the actual cost of the Improvement and the applicable Fee Credit ("PaYl")1ent Request"). The dollar amount of the earned Fee Credit is to equal the actual cost incurred by the Developer in constructing the Improvement, provided that the Fee Credit cannot exceed the cost allocated to the applicable Fee Program Facility under the Fee Program, as may be amended from time to time. The Developer shall supply all documentation requested by the City Engineer in determining the actual construction cost of the Improvement. The City Engineer shall use commercially reasonable efforts to determine the amount of the earned Fee Credit within thirty (30) calendar days. of receipt of the bill submitted by the Developer. ReDO Storm Drain Reimbursement Agmt Castle.Cooke 3 of 12 Agenda Item No. 15 Page 6 of 17 (b) As of the effective date of this Agreement, the parties agree that Developer has completed an Improvement identifi~d as the Completed In-Lieu Facilities and such Completed In-Lieu Facilities are subject to Section 6. (c) The City Engineer will provide the Developer written notice (the "Credit Notice"), of the dollar amount of the earned Fee Credit. If the dollar amount of the earned Fee Credit exceeds the dollar amount of the Drainage Fees that would otherwise be due from the Developer (the "Fee Credit Excess"), the City Engineer will identify in the Credit Notice that the Fee Credit Excess represents a cash reimbursement to be paid to the Developer to the extent of funds in the RCDD Account. Once completed, the Credit Notice is to be executed and dated by the City Engineer and the Developer. If there are insufficient funds ,in the RCDD Account to fully pay the reimbursement for the Fee Credit Excess, Developer reserves the right to request City pay cash reimbursements in the future for previously unreimbursed Fee Credit Excess to the extent that the City Engineer determines that unencumbered funds are available in the RCDD Account and such reimbursement will not otherwise negatively impact the development of drainage improvements within the' RCDD. Upon such determination by the City Engineer, the City Manager is authorized to approve such reimbursement.. The Developer shall have the right to transfer the Fee Credit Excess to any other property subject to the Drainage Fees y.'ithin the RCDD, provided, however, that such transfer shall only occur after the City ~as been given 60 days written notice in order to establish appropriate internal procedures to administer and track such transfer. Developer shall cooperate to provide City information which the City has deemed necessary to administer the transfer. City shall use commercially reasonable best efforts to establish the appropriate internal procedures for administering and tracking the transferred Fee Credit Excess within 60 days of receipt of notice from Developer. (d) If the dollar amount of the earned Fee Credit is less than the Drainage Fees that would be due from the Developer, the Credit Notice will so note. The amount of the Fee Credit to be applied with each Drainag~ Fee payment on either a per unit or per acre basis will be identified. Each time that the Fee Credit is utilized by Developer, the City shall reduce the balance of the available Fee Credit by the applicable amount utilized by Developer until such available Fee Credits are fully exhausted. (e) If one or more building permits are issued by City to Developer during a period in which developer does not have any available Fee Credits, then the Developer shall pay the full Drainage Fee for each permit issued, and upon acceptance of any Improvements by the City Engineer, the City Engineer will note on the Credit Notice the full Drainage Fees paid to date of acceptance and make the appropriate adjustment for the application of the earned Fee Credit consistent with subsection (c) above. ReDO Storm Drain Reimbursement Agmt C<lstle.Cooke 4 of 12 Agenda Item No. 15 Page 7 of 17 Facilities Section 6. Reimbursement and Credit Notice for Comoleted In-Lieu As of the effective date of this Agreement, the parties agree that Developer has completed certain drainage faciliti~s identified herein as the Completed In-Lieu Facilities with eligible cost of $1,283,520, a Notice of Completion for the Completed In-Lieu Facilities has been recorded, the City Engineer has accepted the Completed In-Lieu Facilities by the City Engineer, and Developer has submitted a Payment Requests therefor. The City Engineer has determined that such Completed In-Lieu Facilities is eligible for a reimbursement and Fee Credit in an aggregate amount of $1,283,520, subject to the limits of available funds in the RCDD Account. Accordingly, within 20 days of the effective date of this Agreement, the City shall provide Developer with a reimbursement and Credit Notice as follows: (i) A reimbursement of $1,074,955 to be wired to Developer's designated account; and (ii) A Credit Notice applicable to the RCDD of $208,565. Section 7. Construction Reauirements. (a) The Developer shall require, and the specifications and contract documents shall require all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to pay at least general prevailing wage rates to all workers employed in the execution of the contract, to post a copy of the general prevailing wage rates at the job-site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to general prevailing wage rates as required by the specifications approved by the City Engineer. (b) The Developer shall require each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to provide proof of insurance coverage satisfying the requirements of Section 11 hereof throughout the term of the construction of the Improvements. Rather than requiring its contractors to provide such insurance, the Developer may elect to provide the same for the benefit of its contractors. (c) The Developer shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to comply with such other requirements relating to the construction of the Improvements as the City may impose by written notification delivered to the Developer, to the extent legally required as a result of changes in applicable federal, state or City laws, rules or procedures. ReDO Storm Drain Reimbursement Agmt Castle.Cooke 5 of 12 Agenda Item No. 15 Page 8 of 17 (d) The Developer shall submit certified weekly payroll records to the City Engineer within a reasonable period of time following any such request. The Developer shall provide proof to the City Engineer, at such intervals and in such form as the City Engineer may require, that the foregoing requirements have been satisfied as to the Improvements. Section 8. Licenses and Permits. The Developer shall have secured (or shall have caused to be secured) any and all permits which may be required by the City or any other govemmental agency affected by the construction of the Improvements. The Developer shall be responsible for paying all applicable fees and charges to the City to obtain any land use entitlements and permits that are necessary to construct the Improvements. Section 9. InsDection: ComDletion of Construction. The City Engineer shall have responsibility for providing inspection of the work of construction of the Improvements to insure that the work of constryction is accomplished in accordance with the Plans and specifications approved by the City Engineer. City personnel shall have access to the site of the work construction at all reasonable times for the purpose of accomplishing such inspection. No later than ten business days after receiving notification from the City that the Improvements has been constructed 'in accordance with the Plans, the Developer shall forthwith file with the Lake Elsinore City Clerk a Notice of Completion pursuant to the provisions of Section 3093 of the Califomia Civil Code. Section 10. Maintenance of Facilities: Warranties. The Developer shall maintain the Improvements in good and safe condition until their acceptance by the City. Prior to the acceptance of the Improvements, the Developer shall be responsible for maintaining the Improvements in proper operating condition, and shall perform such maintenance as the City Engineer reasonably determines to be necessary. As of the date of acceptance of the Improvements, the Developer shall assign to the City all of the Developer's rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to the Improvements. Section 11. Insurance Reauirements. Without limiting or diminishing the Developer's obligation to indemnify or hold the City harmless, the Developer shall procure and maintain or cause to be maintaine~, at its sole cost and expense, the following insurance coverages during the term of this Agreement: (a) Commercial General Liability: Developer shall maintain commercial general liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations, explosion, collages, use of cranes, and other heavy equipment and underground hazards, personal and advertising injury covering claims which may arise from or out of Developer's performance of its obligations hereunder ("Policy"). The Policy shall name by endorsement the City and its special districts, respective directors, officers, Board of ReDO Storm Drain Reimbursement Agmt Castle.Cooke 6 of 12 Agenda Item No. 15 Page 9 of 17 Supervisors, elected officials, employees, agents or representatives as Additional Insureds. The Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance Policy contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. (b) Vehicle Liability: Developer shall maintain liability insurance for all owned, non-owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name by endorsement the City, its special districts, their respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. (c) Worker's Compensation Insurance: Developer shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Section 12. Ownership of Facilities. Notwithstanding the fact that a portion or all of the Improvements may be constructed in dedicated rights-of-way or on property that has been or will be dedicated to the City, the Improvements shall be and remain the property of the Developer until acceptable title thereto is conveyed to the City as provided herein. Such ownership by the Developer shall likewise not be affected by any agreement that the Developer may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall control. Section 13. Representations. Warranties and Covenants of the Developer. The Developer makes the follow!ng representations, warranties and covenants for the benefit of the City, as of the date hereof and as of the date of the Payment Request is delivered to the City hereunder: (a) Orqanization. The Developer represents and warrants that the Developer is a California limited liability company duly organized and validly existing under the laws of the State of California, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. (b) Authoritv. The Developer represents and warrants that the Developer has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the Developer. (c) Bindinq Obliqation. The Developer represents and warrants that this Agreement is a valid and binding obligation :of the Developer and is enforceable against the Developer in accordance with its terms, subject to bankruptcy, insolvency, ReDD Storm Drain Reimbursement Agmt Castle,Cooke 7 of 12 Agenda Item No. 15 Page 10 of 17 reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (d) Completion of Improvements. The Developer covenants that it will use its reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause the Improvements to be completed in accordance with this Agreement. (e) Compliance with Laws. The Developer covenants that, while the Improvements are owned by the Developer or required pursuant to this Agreement to be maintained by the Developer, it will not commit, suffer or permit any of its agents, employees or contractors to commit any act to be .done in, upon or to the Improvements in violation in any material respect of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property or the Improvements. (f) Pavment Requests. The, Developer represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to payment requests. (g) Financial Records. Until the final acceptance of the Improvements, the Developer covenants to maintain proper books of record and account for the Improvements and all costs related thereto. The Developer covenants that such accounting books will be maintained in accordance with generally accepted accounting principles, and will be available for .inspection by the City and the City Engineer, at any reasonable time during regular business hours on three business days' prior written notice, subject to mutually acceptable arrangements regarding the confidentiality of proprietary data. (h) Permits. The Developer covenants that it will obtain all governmental or other permits required to proceed with the construction of the Improvements and that it will pay all fees relating thereto. The Developer and the City mutually represent and warrant to each other that to their actual knowledge, as of the date hereof, there is no material legal impediment to the Developer's proceeding with and completing the construction of the Improvements or to the development of the Property as contemplated by the Developer. (i) Environmental Matters. The Developer represents and warrants that it has complied with, has caused compliance with, or will cause compliance with, the California Environmental Quality Act ("CEQA")as required for the construction of the Improvements and its conveyance to the City. Section 14. Representations. Warranties and Covenants of City. City makes the following representations, warranties and covenants for the benefit of the Developer: (a) Authoritv. City represents and warrants that City has the power and authority to enter into this Agreement, and has taken all action necessary to cause ReDO Storm Drain Reimbursement Agml Castle.Cooke 8 of 12 Agenda Item No. 15 Page 11 of 17 this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the City. (b) Bindinq Obliqation. City represents and warrants that this Agreement is a valid and binding obligation of City and is enforceable against City in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (c) Completion of the Improvements. The City covenants that it will use its reasonable and diligent efforts to expeditiously take all actions that may be lawfully required of it in issuing permits, processing and approving plans and specifications and inspecting the Improvements in accordance with this Agreement. (d) Pavment Requests. City represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to the determination of Credits and Reimbursements, the application of Credits, and the payment of Reimbursements. Section 15. Indemnification. The Developer agrees to protect, indemnify, defend and hold the City, and its resp~ctive officers, employees and agents, and each of them, harmless from and against aflY and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorney's fees, and court costs which the City, or its respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, or its respective officers, employees or agents, or any Combination thereof, as a result of or by reason of or arising out of or in consequence of (a) the acquisition, construction, or installation of the Improvements; (b) the untruth or inaccuracy of any representation or warranty made by the Developer in this Agreement or in any certifications delivered by the Developer hereunder; or (c) any act or omission of the Developer or any of its subcontractors, or their respective officers, employees or agents, in connection with the Improvements. If the Developer fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including any attorneys' fees or court costs, to and recover the same from the Developer. The parties acknowledge and agree that the Developer shall be released from the indemnity obligation set forth herein upon the acceptance of the Improvements by the City. Section 16. Developer as a Private Developer. In performing under this Agreement, it is mutually understood that the Developer is acting as a private developer, and not as an agent of the City. The City shall have no responsibility for payment to any contractor, subcontractor or supplier of the Developer. Accordingly, this Agreement does not constitute a debt or liability of the City. Other than as provided in Section 5, the City shall not be obligated to advance any of its own funds or any other costs incurred in connection with the Project. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event ReDO Storm Drain Reimbursement Agmt Castle.Cooke 9 of 12 Agenda Item No. 15 Page 12 of 17 of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. Section 17. Other Aareements. Nothing contained herein shall be construed as affecting the City's or the Developer's respective duty to perform its respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remain independent of the Developer's rights and obligations, and the City's rights and obligations, under this Agreement; provided, however, that the Developer shall use its reasonable and diligent efforts to perform each and every covenant to be performed by it under any lien or encumbrance, instrument, declaration, covenant, condition, restriction, license, order, or other agreement, the nonperformance of which could reasonably be expected to materially and adversely affect the design, acquisition, construction and installation of the Improvements. Section 18. Bindina on Successors and Assians. Neither this Agreement nor the duties and obligations of the [)eveloper hereunder may be assigned to any person or legal entity other than an affiliate of the Developer without the written consent of the City, which consent shall not be unreasonably withheld or delayed. Neither this Agreement nor the duties and obligations of the City hereunder may be assigned to any person or legal entity, without the written consent of the Developer, which consent shall not be unreasonably withheld or delayed. The agreements and covenants included herein shall be binding on and inure to the benefit of any partners, permitted assigns, and successors-in-interest of the parties hereto. Section 19. Amendments. This Agreement can only be amended by an instrument in writing executed and delivered by the City and the Developer. Section 20. Waivers. No waiver of, or consent with respect to, any provision of this Agreement by a party hereto shall in any event be effective unless the same shall be in writing and signed by such party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. Section 21. No Third Party Beneficiaries. No person or entity, other than the City, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. Section 22. Notices. Any written notice, statement, demand, consent approval, authorization, offer, designation, request or other communiciltion to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely: ReDO Storm Drain Reimbursement Agmt Castle.Cooke 10 of 12 Agenda Item No. 15 Page 13 of 17 __ !i Developer: Castle & Cooke Alberhill Ranch, LLC Attn: M.J. "Tom" Tomlinson, Senior VP 4113 Pearl Street Lake Elsinore, CA 92530 Facsimile: (951) 245-7801 City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92539 Facsimile: (951) 674-2392 Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopy, upon the sender's receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 23. Jurisdiction and Venue. City and the Developer (a) agrees that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United States of America in the district in which the City is located, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the City and the Developer agrees that a final and non-appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Section 24. Attornevs' Fees. If any action is instituted to interpret or enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover from the other party thereto reasonable attorney's fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment. Section 25. Governina Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Section 26. Usaae of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. ReDO Storm Drain Reimbursement Agmt CasUe.Cooke 11 of 12 Agenda Item No. 15 Page 14 of 17 Section 27. CounterDarts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates set forth below. . "CITY" CITY OF LAKE ELSINORE, a municipal corporation Dated: ,2008 By: Mayor A TIEST: CITY CLERK By: APPROVED AS TO FORM: LEIBOLD McCLENDON & MANN, P.C. By: BARBARA ZEID LEIBOLD City Attorney "DEVELOPER" CASTLE & RANCH, LLC, liability company COOKE ALBERHILL a California limited Dated: ,2008 By: M.J. "Tom" Tomlinson, Senior Vice President ReDO Storm Drain Reimbursement Agmt Castle.Cooke 12 of 12 Agenda Item No. 15 Page 15 of 17 EXHIBIT "A" Location Map Tract No. 28214 Tract No. 30836 Agenda Item No. 15 Page 16 of 17 EXHIBIT "B" RICE CANYON DRAINAGE DISTRICT DRAINAGE FEE CREDIT CALCULATION Fee Prooram Facilities oer Fee Study Description of Unit Cost Line Improvement Length Unit Cost Assumption Line A 60" RCP 1,200 LF $ 189 226,800 48" RCP 2,800 LF 156 436,800 $ 663,600 Line A-2 54" RCP 1,800 LF $ 170 $ 306,000 CB Inlets 1 Lump Sum 100,000 100,000 $ 406,000 Subtotal $ 1,069,600 20% Engineering and Contingency 213,920 GRAND TOTAL $ 1,283,520 Comoleted In-Lieu Facilities Description of Unit Actual Line Improvement Length Unit Cost Cost Line A (Lake Street) 54" RCP 1,239 LF $ 190 $ 235,410 36" RCP 137 LF 185 25,345 60" RCP 1,499 LF 310 464,690 66" RCP 150 LF 315 47,250 78" RCP 681 LF 400 272,400 $ 1,045,095 Line A-2 (Nichols Road from Lake Street to A1berhill Ranch Road) 54" RCP 1,465 LF $ 207 $ 303,255 CB Inlets W=4 1 EA 7,380 7,380 CB Inlets W=7 1 EA 8,100 8,100 $ 318,735 Subtotal $ 1,363,830 20% Engineering/Soft Costs 272,766 GRAND TOTAL $ 1,636,596 Drainage Fee Credit: Lesser of AcutaJ Costs and Cost Assumptions in Fee Study: (i.e. lesser of the two GRAND TOTALS above) 1$ 1,283,520 I P:ISunitlCastle & CookelStorm Drain ReimbursemetlSD Reimbursement Analysis v.5.7 Agend~~ftJo, 15 Page 17 of 17 CITY OF ~ LAKI 6LSiNO~ , , '?!.- DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: SETTLEMENT AGREEMENT AND RELEASE; PURCHASE AND SALE AGREEMENT; AND JOINT ESCROW INSTRUCTIONS FOR THE ACQUISITION OF APN 375-264-019 Backaround On October 14, 2008, the City Council instructed the City Attorney to prepare the attached Agreement to acquire certain real property to allow the continued use of Wilson Way as a public road. The property is commonly identifiable as APN 375-264-019 (the 'Property"). A base map showing the location of the Property is attached. Acquisition of the Property is necessary to maintain safe and adequate traffic circulation on Wilson Way. Discussion By letter dated October 20, 2008, staff extended an offer to purchase the Property for the appraised fair market value of $22,000. Trustees of the Trust, James H. Harker and Stelca A. Somerville, accepted the City's offer. The City will be solely responsible for the cost of escrow fees. Seller will pay for title insurance and the Seller's legal and professional fees. The attached settlement agreement and release/purchase and sale agreement (the "Agreement") incorporates the terms set forth above. Staff requests that the City Council approve the Agreement and authorize the Mayor to sign the Agreement in such final form as approved by City Attorney. Fiscal Impact The purchase price of $22,000. Agenda Item No. 16 Page 1 of 22 Wilson Way Purchase and Sale Agreement November 25, 2008 Page 2 Recommendation It is recommended that the City Council approve the purchase of the Property subject to the satisfaction of appropriate conditions, direct the City Attomey to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. Prepared by: Matt N. Pressev~ Director of Ad':;;-'iif"urfrative Services Robert A. BradY~ \{}- City Manager Jl{V Approved by: Agenda Item No. 16 Page 2 of 22 OWNER: APNs: ESCROWfTlTLE NO.: The Alfred A. Gregory Separate Property Trust 375-264-019 0625-3164245(22) SETTLEMENT AGREEMENT AND RELEASE; PURCHASE AND SALE AGREEMENT; AND JOINT ESCROW INSTRUCTIONS !FOR REAL PROPERTY THIS SETTLEMENT AGREEMENT AND!i RELEASE; PURCHASE AND SALE AGREEMENT; AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is entered into as of this _ day of November, 2008, ("Refe~ence Date") by and between the CITY OF LAKE ELSINORE, a California municipal corporation ("Buyer"), and the ALFRED A. GREGORY SEPARATE PROPERTY TRUST, a 'Trust, ("Seller"), for acquisition by the Buyer of certain real property hereinafter set forth. This Agreement is made on the basis of the following facts, intentions and understandings. RECITALS A. Seller is the present fee owner of that certain real property located in the City of Lake Elsinore, California, generally described as Assessor's Parcel No. 375-264-019 and more particularly described in Attachment No. 1 to Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. On or about June 1992, Buyer inadvertently paved an extension of Wilson Way over the Property without Seller's knowledge or consent (the "City's Action"). C. On or about October 2007, Seller b,ecame aware of the City's Action and requested that Buyer either remove the pavement and restore the Property to its original condition or pay just compensation for the Property. D. Buyer elected to pay just compensation for the Property and extended a formal written offer to Seller based upon full appraised value of the Property. E. Seller desires to convey fee simple absolute title in the Property to Buyer in accordance with the terms and conditions of this Agreement, and Buyer desires to acquire the Property in accordance with this Agreement. F. Buyer and Seller (collectively, the "Parties") desire to establish their respective rights and obligations with regard to the purchase of the Property in accordance with the terms and conditions set forth below. G. Seller hereby agrees to settle all issues relating to the City's Action as described below. Agenda Item No. 16 Page 3 of 22 AGREEMENT NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged, the parties agree as follows: 1. Purchase and Sale. Upon the terms and conditions contained herein, Buyer hereby agrees to purchase all of Seller's rights, title and interest in and to the Property from Seller and Seller agrees to sell, assign and convey all of Seller's right, title and interest in and to the Property to Buyer. 2. Purchase Price. The purchase price for the Property shall be Twenty Two Thousand Dollars ($22,000.00) (the "Purchase Price"). 3. purpose. Public Purpose. Buyer desires t!> purchase the Property for a public 4. Escrow. 4.1 Open Escrow. Within five (5) days after the execution of this Agreement by Buyer and Seller, the Parties shall open escrow ("Escrow") with First American Title Insurance Company (the "Escrow/Title Company") located at 9130 Anaheim Place, Suite 230, Rancho Cucamonga, CA 91730, Attention: Matt Hooks. 4.2 Escrow Fees, Costs and Taxes. a. Seller shall pay the cost of a premium for a California Land Title Association Standard Policy of title insurance insuring the Property in the amount of the Purchase Price. In addition, Seller shall pay any liens, back taxes, and penalties on the Property in full prior to the Close of Escrow and shall cause the liens to be' discharged and the discharge shall be recorded. In the alternative, the Seller may elect to have any liens paid in full through Escrow to the lienholder from the fair market value deposited into Escrow by the Buyer; provided, however, that the amount deposited by the Buyer into Escrow is sufficient to satisfy all outstanding liens. If said liens are paid through Escrow, Escrow shall cause the liens to be discharged and the discharges recorded prior to conveyance of fee simple absolute title. b. Buyer shall pay: (i) the cost of any documentary transfer taxes on the executed and recordable grant deed which is sufficient to convey title to Buyer and which is in substantially the form set forth in Exhibit "A" ("Grant Deed"); (ii) fees for recording the Grant Deed; (Hi) Escrow fees; (iv) fees for recording and filing any documents required to close Escrow other than the Grant Deed; and (v) the cost of any extended coverage, American Land Title Association insurance coverage, including any land survey costs, or other title policy in excess of the premium for the standard coverage (CL TA) policy. 5. Close of Escrow. The "Close of Escrow" shall mean the time and day the Grant Deed is filed for record with the Riverside County Recorder, which shall be fifteen Wilson Way SettJement-Purchase Sale Agr 112008 Sl(3) -2- Agenda Item No. 16 Page 4 of 22 .L_ (15) days after the opening of Escrow; provided, ' however, the Close of Escrow may be extended by Buyer to allow additional time to satisfy the conditions to Close of Escrow set forth in Section 6.2, but in no event later than sixty (60) days after the opening of Escrow (the "Outside Closing Date"). . 6. Conditions of Close of Escrow. The Close of Escrow is conditioned upon the satisfaction of the following terms and conditions: 6.1 Seller's Conditions of Close of Escrow. The Seller, at its election, shall not be obligated to close Escrow if: a. Buyer is in material default of this Agreement; b. Any of Buyer's representations and warranties contained herein shall be proven materially untrue; c. Buyer shall not have ,deposited the Purchase Price and/or Escrow fees described in Section 4.2(b) above with EscrowlTitle Company; or d. Buyer shall not have deposited with EscrowlTitle Company any document reasonably required of it by EscrowlTitle Company to close Escrow. 6.2 Buyer's Conditions of Close of Escrow. Buyer, at its election, shall not be obligated to close escrow if: a. Seller is in material default of this Agreement; b. Any of Seller's representations and warranties contained herein shall be proven materially untrue; c. Seller does not provide verification to Buyer pursuant to Section 7 below that Seller is the sole owner of record of the Property and that there are no other owners of the Property; d. If, after review of a. preliminary title report issued by EscrowlTitle Company or any other title insurance company of Buyer's choice (" Preliminary Title Report"), Buyer determines that Seller does not hold legal title to the Property or that EscrowlTitle Company, upon" payment of its regularly scheduled premium, has not agreed to issue an ATLA Owner's Title Insurance Policy ("Title Policy") for the Property upon Close of Escrow, )n the amount of the Purchase Price showing title to the Property vested of record inthe name of the Buyer in fee simple subject only to such exceptions as approved by Buyer in writing; or e. Buyer does not appro\(e the condition of title to the Property. Buyer shall approve or waive the conditions set forth in subsection (c) or (d) of this Section 6.2 on or before such date as is five (5) days prior to the Close of Escrow; provided, however, Buyer may extend the time to approve or waive the condition set forth in subsection (d) of this Section 6.2 to the O~tside Closing Date. Wilson Way Selllement-Purchase Sale Agr 112008 SL(3) -3- Agenda Item No. 16 Page 5 of 22 7. Seller's Obligations. Not later than the tenth (10th) day prior to the Close of Escrow, Seller shall deliver to Escrow the following: a. An executed and recordable Grant Deed sufficient to convey title to Buyer in substantially the form set forth in Exhibit "A"; and b. A certification of Non-Foreign Status under the Foreign Investment Real Property Tax Act ("FIRPTA Certificate") duly executed by Seller under penalty of perjury in substantially the form of Exhibit "B," setting forth Seller's address and social security number, and certifying that Seller is not a "foreign person" for purposes of Section 1445 of the Internal Revenue Code of 1986, as may be amended, and any regulation promulgated thereunder and Seller is a resident taxpayer in the State of California for purposes of Revenue and Taxation Code Sections 18805 and 26131. 8. Buyer's Obligations. Buyer shall deliver to Escrow on or before noon, one business day before the anticipated Close of Escrow (or such earlier time as may be required by the Escrow/Title Company) the following: a. The Purchase Price; and b. The Certificate of Acceptance (Attachment NO.2 to Exhibit "A") and any other documents reasonably required of it by the Escrow/Title Company in order to close escrow. 9. Representations and Warranties. The representations and warranties set forth herein shall survive the Close of Escrow. 9.1 Representations and Warranties of Seller. Seller represents and warrants to Buyer as follows: a. Authority. Seller is the sole owner of the Property and Seller has full right, power and lawful authority to grant, sell and convey the Property as provided herein; and, b. Title. Seller, at the time of the execution of this Agreement, is seized of the Property in fee simple and is the lawful owner of and has good indefeasible title to the Property without exceptions, except for those exceptions disclosed in the Preliminary Title Report; and, c. No Conflict or Violation. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein Wilson Way Settlement-Purchase Sale Ag 112008 Sl(3) -4- Agenda Item No. 16 Page 6 of 22 will conflict with, or constitute a default or a breach under any contract, lease, agreement or other instrument or order which affects the Property or to which Seller is a party or by which it is bound; and, d. FIRPTA. Seller is not a "foreign person" within the parameters of FIRPTA or any similar state statute, or is exempt from the provisions of FIRPTA or any similar state statute, or that Seller has complied and will comply with all the requirements under FIRPTA or any similar state statute; and, e. No Seller Bankruptcy. Seller is not the subject of a bankruptcy proceeding. 9.2 Representations and Warranties of Buyer. Buyer represents and warrants to Seller as follows: a. Authority. Buyer has full right, power and lawful authority to purchase the Property as provided herein; and, b. No Conflict. Buyer's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Buyer is a party or by which it is bound. 9.3 Ongoing Representations and Warranties. Until the Close of Escrow, Seller and Buyer shall, upon learning of any fact or condition which would cause any of the warranties and representations made by them in Section 9.1 and 9.2, respectively, to not be true as of the Close of Escrow, immediately give written notice of such fact or condition to the other party in accordance with Section 14.3 hereof. Such exception to a representation shall not be deemed a breach by such party hereunder, but shall constitute an exception which the other party shall have a right to approve or disapprove. If Buyer elects to close Escrow following disclosure of information that would have an effect on the value and/or operation of the Property, Seller's representations and warranties contained herein shall be deemed to have been made as of the Close of Escrow, subject to such exception(s). If, following the disclosure of such information, Buyer elects to not close Escrow, then this Agreement and the Escrow shall automatically terminate, and neither party shall have any further rights, obligations or liabilities hereunder. The representations and warranties set forth in Sections 9.1 and 9.2 shall survive the Close of Escrow. 10. Escrow Instructions. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and the EscrowlTitle Company to whom these instructions are delivered is hereby authorized and instructed to act under this Agreement. The parties hereto agree to do all aCts necessary to close this Escrow in the shortest possible time. Wilson Way Settlement-Purchase Sale Agr 112008 SL(3) -5- Agenda Item No. 16 Page 7 of 22 Any insurance policies for fire or casualty are not to be transferred, and Seller will cancel its own policies after the Close of Escrow. All funds received in the Escrow shall be deposited with other Escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of Califomia. All disbursements shall be made by check from such account. Seller, Buyer, or Escrow/Title Company may require that the parties sign supplemental Escrow instructions as determined necessary or convenient in order to accomplish the Close of Escrow of this transaction; provided that if there is any inconsistency between this Agreement and the supplemental Escrow instructions, then the provisions of this Agreement shall control. The parties agree to execute such other and further documents as may be reasonably necessary, helpful or appropriate to effectuate the provisions of this Agreement. Escrow/Title Company is instructed to release Seller's Escrow closing and Buyer's Escrow closing statements to the respective parties. 10.1 Tax Adjustment Procedure. Escrow/Title Company is authorized and is instructed to comply with the following: a. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds against the Property; and b. Pay and charge Seller for all taxes which will be due at the Close of Escrow and Escrow/Title Company shall prorate taxes consistent with the requirements of the Riverside County Tax Collector's office. 10.2 Authority of EscrowlTitle Company. Escrow/Title Company is authorized to, and shall: a. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy this Agreement; b. Pay and charge Buyer for any escrow fees, charges, and costs payable under this Agreement; c. Disburse funds, deliver, and record the Grant Deed when Buyer and Seller have fulfilled conditions of this Escrow; d. Do such other actions as necessary, including obtaining the policy of title insurance, to fulfill its obligations under this Agreement; e. If the provisions of FIRPTA or similar state act apply to the transaction memorialized in this Agreement, and unless Seller is not a ''foreign person" Wilson Way Settlement-Purchase Sale ArT 112008 SL(3) -6- Agenda Item No. 16 Page 8 of 22 or an exemption applies, the EscrowlTitle Company shall deduct and withhold from Seller's proceeds ten percent (10%) of the gross;sales price and shall otherwise comply with all applicable provisions of FIRPTA and any similar state act. Seller and Buyer agree to execute and deliver as directed by EscrowlTitle Company any instrument, affidavit, and statement, and to perform any act reasonably necessary to comply with the provisions of FIRPTA and any similar state act and regulation promulgated thereunder. As may be required by EscrowlTitle Company, Seller expressly agrees to execute a FIRPTA Certificate substantially in the form of the attached Exhibit "B" certifying that Seller has complied with the real estate reporting requirement of the FIRPTA; f. Prepare and file with !ill appropriate governmental or taxing authorities a uniform settlement statement, closing statement, tax withholding forms including an IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or required by law. All time limits within which any matter herein specified is to be performed may be extended, but only by mutual agreement of the parties hereto, and by amendment of this Agreement. Any amendment of, or supplement to, this Agreement must be in writing, and signed by both parties, hereto. 10.3 Termination. If Escrow is not in condition to close by the Outside Closing Date then either party which has fully pe'rformed under this Agreement may, in writing, demand the return of money or property and terminate this Agreement. If neither party has fully complied with the provisions of Escrow, no demand for return of documents shall be recognized until five (5) days after EscrowlTitle Company shall have delivered copies of such demand to all other parties at the respective addresses shown in Section 14.3 of this Agreement. If any objections are raised within said five (5) day period, EscrowlTitle Company is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or by mutual written instructions of the parties. Buyer, however, shall have the sole option to withdraw any money deposited by it for the acquisition of the Property. If no objections are raised within said five (5) day period, this Agreement shall terminate. Termination of this Agreement shall be without prejudice as to whatever legal rights either party may have against the other arising from this Agreement. If no demands are made, the EscrowlTitle Company shall proceed with the Close of Escrow as soon as possible. 11. Title. 11.1 Delivery of Title Report. The Buyer has obtained, at its expense, a Preliminary Title Report on the Property. 11.2 Approval Period. From the date of the Preliminary Title Report until five (5) days prior to the Close of Escrow" (the "Approval Period"), Buyer shall review and approve the Preliminary Title Report of the Property and any other factors or matters relevant to Buyer's decision to purchase the Property. If the Property is not acceptable for any reason whatsoever, Buyer shall have the right, by giving written Wilson Way Settlement-Purchase Sale Agr 112008 Sl(3) -7- Agenda Item No. 16 Page 9 of 22 notice to Seller and Escrow/Title Company on or before the last day of the Approval Period, to terminate this Agreement. If Buyer does not deliver written notice terminating this Agreement to Seller and Escrow/Title Com'pany on or before the last day of the Approval Period, Buyer shall be deemed to have approved the Property and this Agreement shall continue in full force and effect. ' 12. Close of Escrow. 12.1 Time. When Escrow/Title Company is in a position to issue the Title Policy and all required documents and funds have been deposited with Escrow/Title Company, and Buyer and Seller have advised the Escrow/Title Company in writing that the Conditions of Close of Escrow:set forth herein have been satisfied or waived, Escrow/Title Company shall immediately,'close Escrow as provided below. The failure of Seller or Buyer to be in a position to close Escrow by the Outside Closing Date shall constitute a default hereunder by the party not in a position to close. 12.2 Procedure. Escrow/Title Company shall close Escrow for the Property as follows: a. Record the Grant Deed with instructions for the Recorder of Riverside County, California to deliver the Grant Deed to Buyer; b. Pay the Purchase Price to Seller reduced by appropriate charges against Seller hereunder; to Buyer; c. Deliver the FIRPTA Certificates to Buyer; d. Instruct the Escrow/Title Company to deliver the Title Policy e. File any informational reports required by Internal Revenue Code Section 6045(e), as amended; and f. Forward to both Buyer and Seller a separate accounting of all funds received and disbursed for each party and copies of all executed and recorded or filed documents deposited into Escrow, with such recording and filing date endorsed thereon. 13. Settlement and Release. terms: 13.1 Settlement. The Parties hereby agree to the following settlement a. The Parties expressly deny any fault or liability for any and all Claims made in connection with the City's Actiim. The Parties acknowledge that this Settlement and Release is the compromise of potential Claims and that there was no adjudication on the merits of any Claim; Wilson Way Settlement-Purchase Sale Agr 112008 Sl(3) -8- Agenda Item No. 16 Page 10 of 22 b. The Purchase Price for the Property is legally adequate in all respects and is valid under the California Relocation Assistance Act (Cal. Gov. Code sections 7260 et seq.), the California Eminent Domain Law (Cal. Code of Civ. Pro sections 1230.010 et seq.), and all other federal, state and municipal laws applicable thereto. c. The Release of all Claims herein described below is made by both of the Parties to this Agreement 13.2 Release. a. Buyer and Seller do hereby release and forever discharge each other and their respective heirs at law, personal representatives, parent companies, subsidiaries, affiliates, successors and assigns, all persons acting for or in concert with them or any of them (hereinafter the "Releasees") from any and all past, present, and future Claims ("Release"). b. For purposes of this Agreement, the term "Claims" shall mean any and all rights, controversies, claims, ,actions, causes of action, covenants, suits, debts, liens, contracts, leases, costs, demands, damages or liabilities of whatsoever nature whether known or unknown which the Parties may now, or in the future, have against each other, including (without limiting the generality of the foregoing) any claims arising out of, based upon, or relating in any way to the Project or the Action. c. Each Party hereby agrees and recognizes that this Agreement fully and finally settles and forever resolves the Claims which it has, may have, have had or may have had against the Releasees. d. THE PARTIES HERETO ACKNOWLEDGE THAT THEY HAVE BEEN ADVISED BY THEIR LEGAL COUNSEL AND ARE FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS CLAIM WITH THE DEBTOR. " THE PARTIES HERETO, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER ANY STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. 13.3 Additional Representations and Warranties Regarding the Settlement and Release. Wilson Way SettJement-Purchase $ale Agr 112008 SL(3) .9- Agenda Item No. 16 Page 11 of 22 Each of the Parties hereto represent and warrant that each of the following statements is true and accurate: a. There has been and will be no assignment or other transfer of any interest in any claim by the Parties and the Releasees. b. There is no pending, potential or intended litigation in which either Party hereto makes claims against the other Party hereto. c. This Agreement is made for the sole benefit of the Parties. No other person or entity shall have any rights or. remedies under or by reason of this Agreement, unless otherwise expressly provided for herein. d. This Agreement is a compromise of mutual Claims between the Parties hereto and is made without any admission of liability on the part of either Party hereto, and further shall not be considered an admission of the truth or correctness of any allegation against either Party hereto or of any wrongdoing, fault, violation of law or equity or liability on the part of either of the Parties hereto, each of whom expressly deny the same. e. The Parties agree to indemnify each other and the Releasees and hold the same harmless from any liability, costs, claims, demands, and attorneys' fees incurred as a result of any party hereto, or any person under their control, asserting that there has been no release or there has been ari assignment of any such matter as is referred to in the previous paragraphs hereof. 14. General Provisions. 14.1 Real Estate Brokerage Commission. Seller and Buyer each represent and warrant to the other that no broker 'or finder is entitled to any commission or finder's fee in connection with this transaction and each agrees to defend and hold harmless the other from any claim to any such commission or fee resulting from any action on its part. 14.2 Attorneys' Fees. a. In any action between the parties to interpret, enforce, award, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, except for the Settlement and Release provisions in Section 13 hereof, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys' fees. b. Each Party hereto agrees that if it hereafter commences, joins in or in any manner seeks relief through any suit based upon any, or relating to any, of the Claims released hereunder, or in any manner asserts against the Releasees or any of them any of the Claims or matters released hereunder then that Party will pay, Wilson Way Settlement-Purchase Sale Agr 112008 Sl(3) -10- Agenda Item No. 16 Page 12 of 22 in addition to any other damages thereby caused, all attorneys' fees incurred by the defendant party in responding to the said suit or claim. 14.3 Approvals and Notices. Any approval, disapproval, demand, document or other notice ("Notice") which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice. Any Notice given under this paragraph, whether personally or by mail shall be deemed received only upon actual receipt by the intended party. To Seller: The Alfred A. Gregory Separate Property Trust c/o Mr. F. Sigmund Luther Attorney at Law 401 West A Street, Suite 1625 San Diego, California 92101 To Buyer: City of Lake Elsinore 130 So. Main Street City of Lake Elsinore, California 92530 Attention: City Manager A copy of any Notice by either party hereunder shall be sent to: Escrow/Title Company: First American Title Company 9130 Anaheim PI., Suite 230 Rancho Cucamonga, California 91730 Attention: Matt Hooks 14.4 Jurisdiction and Venue. This Agreement shall be construed under the laws of the State of California in effect at the time of the signing of this Agreement. To the extent permitted by law, the parties consent to the jurisdiction of the California courts with venue in Riverside County. 14.5 Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. References to section numbers are to sections in this Agreement, unless expressly stated otherwise. 14.6 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 14.7 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party. Wilson Way Setllement.Purchase Sale Agr 112008 SL(3) -11- Agenda Item No. 16 Page 13 of 22 14.8 Severability. If any term, provision, condition or covenant of this ~gre~ment or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 14.9 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day Escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time. 14.10 Tax and Legal Advice. SELLER REPRESENTS AND WARRANTS THAT THE BUYER HAS NOT PROVIDED TAX OR LEGAL ADVICE TO SELLER IN CONNECTION WITH THIS AGREEMENT. SELLER FURTHER REPRESENTS AND WARRANTS THAT THEY HAVE BEEN ADVISED OF THEIR RIGHT TO LEGAL COUNSEL AND TAX ADVICE AND HAVE EITHER OBTAINED THE ADVICE OF INDEPENDENT LEGAL COUNSEL OR A TAX ADVISOR WITH RESPECT TO THE TERMS OF THIS AGREEMENT AND ALL ATTACHMENTS HERETO AND OTHER AGREEMENTS REQUIRED HEREBY, OR HAVE KNOWINGLY AND VOLUNTARILY DECIDED NOT TO CONSULT WITH LEGAL COUNSEL OR A TAX ADVISOR OF HIS/HER CHOOSING. SELLER'S INITIALS: SELLER'S INITIALS: 14.11 Time of Essence. Time is expressly made of the essence with respect to the performance by Buyer and Seller of each and every obligation and condition of this Agreement including, without limitation, the Close of Escrow. 14.12 Cooperation. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 14.13 Offer. Any delivery of unsigned copies of this Agreement is solely for the purpose of review by the party to whom delivered, and neither the delivery nor any prior communications between the parties shall in any way be construed as an obligation to enter into this Agreement. The signing of this Agreement by Seller constitutes an offer that cannot be revoked for a period of ten (10) days. Seller's offer shall be deemed accepted by Buyer and this Agreement shall be binding only upon execution by or on behalf of Buyer following approval by the governing board of the Buyer at an open and agendized meeting. Wilson Way Settlement-Purchase Sale Ag: 112008 SL(3) -12- Agenda Item No. 16 Page 14 of 22 15. Agreement in Total. 15.1 Merger of Prior Agreements and Understandings. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. No variation of this Agreement shall be made except in writing duly signed by the Parties hereto and supported by separate consideration. 15.2 Modification of Release. No modification, waiver, amendment, discharge or change of the Release contained herein shall be valid unless it is in writing and signed by the party against whom enforcement of such modification, waiver, amendment discharge, or change is, or may be sought. 15.3 Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 15.4 Exhibits Incorporated by Reference. All exhibits attached to this Agreement are incorporated in this Agreement by this reference. This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes thirteen (13) pages, a signature page (Page 14) and two (2) exhibits including Exhibit "A", Grant Deed, and Exhibit "B", Seller's Certification of Non- Foreign Status. [SIGNATURE PAGE FOLLOWS] Wilson Way SelUement.Purchase Sale Agr 112008 Sl(3} -13- Agenda Item No. 16 Page 15 of 22 IN WITNESS WHEREOF, the Buyer and the Seller have signed this Agreement and Escrow Instructions for Purchase and Sale of Real Property on the date set forth below. "SELLER" THE ARTHUR A. GREGORY SEPARATE PROPERTY TRUST Dated: By: James H. Harker, Trustee Dated: By: Stelca Anne Somerville, Trustee "BUYER" Dated: CITY OF LAKE ELSINORE By: Its: APPROVED AS TO FORM: LEIBOLD McCLENDON & MANN, P.C. By: Barbara Leibold, City Attorney ESCROWITITLE COMPANY'S CONSENT: EscrowlTitle Company hereby acknowledges receipt of this Agreement and consents to the terms and conditions set forth herein. "ESCROWITITLE COMPANY" By: Name: Its: Dated: Wilson Way Settlement-Purchase Sale Agr 112008 SL(3) -14- Agenda Item No. 16 Page 16 of 22 EXHIBIT "A" GRANT DEED WHEN RECORDED MAIL AND MAIL TAX STATEMENTS TO: CITY OF LAKE ELSINORE 130 So. Main Street Lake Elsinore, CA 92530 DOCUMENTARY TRANSFER TAX $ NONE FREE RECORDING REQUESTED PURSUANT TO GOV'T CODE SECTION 6103 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE ALFRED A. GREGORY SEPARATE PROPERTY TRUST, a Trust (the "Seller"), hereby GRANTS to the CITY OF LAKE ELSINORE, a California municipal corporation, the real property referred to as APN No. 375-264-019 and described as: SEE ATTACHMENT NO.1 TO EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE "SELLER" THE ALFRED A. GREGORY SEPARATE PROPERTY TRUST By: Dated: James H. Harker, Trustee Dated: By: Stelca Anne Somerville, Trustee Wilson Way Setllement-Purchase Sale Agr 112008 Sl(3) Exhibit "A" -1- Agenda Item No. 16 Page 17 of 22 ATTACHMENT NO.1 TO EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of LAKE ELSINORE, described as follows: LOT 1, UNIT 16 COUNTRY CLUB HEIGHTS, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 4 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 1; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 90.08 FEET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT, 40 FEET TO A POINT; THENCE SOUTHWESTERLY TO A POINT ON THE SOUTHWESTERLY LINE OF LOT 1, SAID POINT BEARING 25 FEET SOUTHEASTERLY OF THE MOST WESTERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 25 FEET TO THE POINT OF BEGINNING. APN: 375-264-019 Wilson Way $etUement-Purchase Sale Agr 112008 SL(3) Attachment No.1 to Exhibit .A" -1- Agenda Item No. 16 Page 18 of 22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss COUNTY OF ) On , before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me! that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon. behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Although the data below is OPTIONAL, it may prove valuable td persons relying on the document and could prevent fraudulent reattachment of this fonm. I , 'i Capacity claimed by signer: Description of Attached Document: Q Individual Q Corporate Officer(s) Titl~ or Type of Document Q Partner(s) Q General Q Limited Q Attorney-in-fact . Number of Pages Q Trustee(s) Q Guardian/Conservator Q Other: Date of Document Signer is representing: Name of Person(s) or Entity(ies) Sigrer(s) Other Than Named Above Wilson Way Setuement-Ptlrchase Sale Agr 112008 SL(3) Attachment No.1 to Exhibit "A" -2- Agenda Item No. 16 Page 19 of 22 II ATTACHMENT NO.2 to EXHIBIT "A" CERTIFICATE OF ACCEPTANCE Government Code, Section 27281 THIS IS TO CERTIFY that the CITY OF LAKE ELSINORE, a California municipal corporation, acting through the Lake Elsinore City Council, hereby accepts for public purposes the real property, or interest therein,' conveyed by Grant Deed executed by THE ALFRED A. GREGORY SEPARATE PROPERTY TRUST and dated 2008 and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto setmy hands and affixed the City's official seal, this _ day of . CITY OF LAKE ELSINORE, a public body, corporate and politic By: RobertA Brady, City Manager Wilson Way $ettlerrenl-Purchase Sale Agr 112008 SL{3) Attacl1ment No.2 to Exhibit "A" -1- Agenda Item No. 16 Page 20 of 22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ) )ss ) On , before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Atthough the data below is OPTIONAL, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Capacity claimed by signer: Description of Attached Document: Q Individual Q Corporate Officer(s) Title or Type of Document Q Partner( s) Q General Q Limited Q Attorney-in-fact Number of Pages Q Trustee(s) Q Guardian/Conservator Q Other: Date of Document Signer is representing: Name of Person(s) or Entity(ies) Signer(s) Other Than Named Above Wilson Way SeIUemenl-Purchase Sale Ag: 112008 SL(3) Attachment No. 210 Exhibit "A" -2- " Agenda Item No. 16 Page 21 of 22 EXHIBIT "B" SELLER'S CERTIFICATION OF: NON-FOREIGN STATUS FIRST AMERICAN TRUST To inform the CITY OF LAKE ELSINORE, a California municipal corporation ("Transferee") that withholding of tax under Settion 1445 of the Internal Revenue Code of 1986, as amended ("Code") will not be required upon the transfer of certain real property described as Assessor's Parcel No. 379\5-264-019 located in the City of Lake. Elsinore, California to the Transferee by THE ALFRED A. GREGORY SEPARATE PROPERTY TRUST (the "Transferor"), the undersigned hereby certify the following: 1. Transferor is not nonresident aliens for purposes of United States income taxation; 2. The Alfred A. Gregory Separate. Property Trust United States taxpayer identification number is: 3. Transferor's address is: Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, we declare that we have examined this Certification and to the best of our knowledge and belief it is true, correct, and complete, and we further declare that we have authority to sign this document on behalf of the Transferor. "TRANSFEROR" Dated: THE ALFRED A. GREGORY SEPARATE PROPERTY TRUST By: James H. Harker, Trustee i. Dated: By: Stelca Anne Somerville, Trustee Wilson Way SetUement-Purchase Sale Agr 112006 Sl(3) Exhibit "8" -1- Agenda Item No. 16 Page 22 of 22 CITY OF ~ LAD:6LSiIiORJ; , I ~...., DREAM E,XTREMEN REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: RESIDENTIAL DESIGN REVIEW NO. 2006-18, AMENDMENT NO.1 FOR DE LA ROSA BY CENTEXHOMES, VESTING TRACT MAP NO. 32503 Discussion On November 4, 2008, the Planning Commission approved by unanimous vote a resolution recommending approval to City Cou'ncil of Residential Design Review No. 2006-18, Amendment No.1. The project consists of a proposal to replace the existing De La Rosa products with approved products currently being offered at "Fox and Jacobs at Rosetta Canyon." These six (6) new products will be constructed on the remaining thirty-six (36) vacant lots within the sixty (60) lot De La Rosa Vesting Tract Map No. 32503. The six (6) new plans range in size from 1,640 square feet to 2,875 square feet. The four (4) existing plans range in size from 2,266: sq.ft to 3,487 sq. ft. Both the new and old plans offer a five (5) bedroom three (3) bath home. Staff felt that the new products equal or exceed the architectural features of the existing De La Rosa products. Stacy Barth, resident .of a neighboring Centex project known as Augusta, spoke in opposition of the project. The resident was primarily concerned with the development of smaller homes near her neighborhood and how these smaller homes could have the potential to reduce property values and home prices. The Planning Commission Staff Report is attached for reference. Agenda Item No. 17 Page 1 of 80 RDR No. 2006-18, Amendment No.1 for De La Rosa by Centex Homes November 25, 2008 Page 2 of 2 Recommendation The Planning Commission recommends that the City Council adopt Resolution No. 2008-_ approving Residential Design Review No. 2006-18, Amendment NO.1. Prepared By: Approved By: Attachments: Linda M. Miller, AICP; Project Planner Robert A. Brady,f ra: City Manager J~ 1. Vicinity Map 2. Resolution No. 2008-_ approving Residential Design Review No. 2006-18, Amendment NO.1 3. Conditions of Approval 4. Staff Report from the Planning Commission, November 4, 2008 a. Exhibits - Reductions 1. Site/Plotting Plan 2. Typical Landscaping 3. Model Complex Plan 4. Building Elevations and Floor Plans 5. Phasing Plan 6. Elevation Colors 7. Previously approved De La Rosa Plans 5. Full sized plans Page 2 of 2 Agenda Item No. 17 Page 2 of 80 VICINITY MAP RESIDENTIAL DESIGN REVIEW2006-18, AMENDMENT 1 FOR DE LA ROSA APN 349-612-001 THRU 022, 349-611-001 THRU 009,349-610-001 THRU 018, and 349-600-001 THRU 015 MAURICIO ST \ i Cl a:: (!) z ::; ....J ~ i -~ I - / I' - I ,/ I / \ // i" ,,--.--,/" ':?,';'i!ii!,,: I~~iii::,~ PROJECT SITE , j i-.. '......--."'.--.-.,--.. i' ! -, C' /'- '! \. ~/4i // ! !' -(7~~41,,// .:\ / / /..., / ~ /"-, / / /-\<</// />// co"-."" '~_.i" - , ,/;;J~._",_ -, / h. .~~./,:~--;/ ----------- Agenda Item No. 17 Page 3 of 80 RESOLUTION NO. 2008-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW 2006-18, AMENDMENT NO.1 FOR THE "DE LA ROSA" PRODUCT BY CENTEX HOMES, VESTING TRACT MAP NO. 32503 WHEREAS, an application has been fih3d with the City of Lake Elsinore by Centex Homes (the "Developer") requesting approval of Residential Design Review No. 2006-18, Amendment NO.1 (the "Amended Design Review") for a revised product "De La Rosa" proposed for the remaining thirty six (36) lots in Tract Map No. 32503; and WHEREAS, the project straddles Riverside Street and is west of Laister Road and east of Crumpton Street (APN's 349-610-006 thru 018, 349-611-001 thru 004, and 349-612-001 thru 002) (the "Site"); and WHEREAS, the Amended Design Review includes design details for thirty-six (36) lots including two model complex located off site on Carla Court; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of consideration and making recommendations to the City Council pertaining to residential projects; and WHEREAS, pursuant to 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.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previo~sly prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 1!5162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead.. agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental .effects or a substantial increase in the severity of previously identified significant effects; or Agenda Item No. 17 Page 4 of 80 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown' in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative."; and WHEREAS, an Initial Study was prepared for Mitigated Negative Declaration No. 2004-09 (the "MND") and a Mitigation Monitoring Program adopted thereto, on December 14, 2004, for Vesting Tentative Tract Map No. 32503. The MND analyzed the subdivision and grading of property and the construction of sixty (60) single-family residential lots, of which this Amended Design Review is a part. WHEREAS, public notice of the Amended Design Review has been given, and the City Council has considered evidence presented by the Planning Commission, Community Development Department and othei interested parties at a public meeting held with respect to this item on November 25, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed design for the remaining thirty-six (36) residential homes and model complex prior to making a decision and has found them acceptable. SECTION 2. The City Council finds and determines that in accordance with CEQA Guidelines Section 15162, the Amend~d Design Review does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Amended Design Review were contemplated by, fully analyzed in, and mitigated through the Mitigated Negative Agenda Item No. 17 Page 5 of 80 Declaration for Vesting Tentative Tract Map No. 32503. No new CEQA documentation is necessary for the Amended Design Review. SECTION 3. That in accordance with Section 17.82 of the City of Lake Elsinore Municipal Code, the Planning Commission m;akes the following findings for the approval of Amended Design Review: 1. The project as conditioned will comply with the goals and objectives of the City of Lake Elsinore General Plan and the Zoning District in which the project is located. The General Plan designates the site for Low Medium Density Residential (6 dwelling units per acre) and the Amended Design Review implements this density. The Zoning District on the site is R-1.. Single Family Residential, and the Amended Design Review complies with all development standards of this zone. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed "Fox and Jacobs" product types equal or exceed the product types currently being offered at the De La Rosa project site. The "Fox and Jacobs" products offer similar architectural styles, features, colors and materials. The applicant will provide the same fencing and landscaping materials that are currently being used in the De La Rosa project. Therefore, the merging of the previously approved products and the newly proposed "Fox and Jacobs" products will blend together creating an undetectable, seamless unification of product types. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Conditions have been applied to the Amended Design Review that prescribe site design, setbacks, height, architectural design, exterior materials, colors, textures, landscaping, lighting, walls and fences, grading and phasing. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves Residential Design Review No. 2006-18, Amendment NO.1. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 17 Page 6 of 80 PASSED, APPROVED AND ADOPTED on this twenty-fifth day of November 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 25th day of November 2008, and that the same was adopted by the following vote.: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 17 Page 7 of 80 FINAL CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18, AMENDMENT NO.1 DE LA ROSA BY CENTEX HOMES, VESTING TRACT NO. 32503 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents 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 projects attached hereto. PLANNING DIVISION 2. Design Review approval for Residential Design Review No. 2006-18, Amendment No.1 will lapse and be void two (2) years following the date on which the Design Review became effective unless: (1) prior to the expiration of two (2) years a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion, or (2) prior to the expiration of two (2) years, the applicant has applied for and has been granted an extension of the Design Review approval. An extension may be granted for no more than two (2)years, one (1) year at a time subject to the approval of the Director of Community Development. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. 3. 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 Design Review Amendment by the Planning Commission. A check in the amount of $64.00 payable to Riverside County shall be forwarded. to the Planning Division by the applicant for this purpose. 4. All site improvements shall be constructed as indicated on the approved building elevations and site plans for the Residential Design Review. 5. Future site plotting and construction shall be consistent with these Conditions of Approval, and those provisions and requirements contained in the Municipal Code, subject to approval by the Community Development Director or designee. 6. The applicant shall meet all Americans with Disabilities Act requirements for access to the Model Home Complex. 7. All weep screeds shall be a maximum three inches above any hard surface and four inches above any earth surface. 8. The applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Page! of!! Agenda Item No. 17 Page 8 of 80 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE LA ROSA AT ROSSETA CANYON (TRACT NO. 32503) Development Director or designee. Precise graqing plans shall identify the location of the aforementioned flat concrete pad and air conditioning units. 9. The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant shall obtain street addresses for all production lots prior to issuance of building permit. 10. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 11. The applicant shall comply with all applicable City Codes and Ordinances. 12.A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 13. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 14. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 15. The design and construction of the project shall meet all County Fire Department standards for fire protection. 16.AII mechanical and electrical equipment for the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director, prior to issuance of building permit. Utility company meters may be excluded from this requirement. 17. Fences located in any front yard shall not exceed three feet in height with the exception that wrought-iron fences may be five feet in height. Chain link fences shall be prohibited. 18.AII theme walls are required to be coated with anti-graffiti paint. All wood fencing shall be painted or treated with a high-grade solid body, penetrating stain approved by the Director of Community Development or designee. Page 2 of II Agenda Item No. 17 Page 9 of 80 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE lA ROSA AT ROSSETA CANYON (TRACT NO. 32503) 19.Any retaining walls visible to the public shall match the interior masonry split face block walls in colors and style. 20. Garages shall be constructed to provide a minimum of 10' x 20' of interior clear space for two cars for a total interior clear space of 20' x 20'. 21. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity a~d construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 22. The applicant shall pay all appropriate City fees. 23. The 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 (951) 674-3124. Prior to Issuance of Grading/Building Permits 24. Prior to Building Permits the Construction Supervisor shall meet with Planning Division Staff to review the Conditions of Approval. 25. Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 26. These Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. 27. Three (3) sets of the Final landscaping/Irrigation Detail Plan shall be submitted prior to issuance of building permit. Plans shall be approved by the City's landscape Architect Consultant and the Community Development Clirector or designee, prior to Certificate of Occupancy. 28.AII front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. The final landscaping/irrigation plan is to be reviewed and approved by the City's landscape Architect Consultant and the Community Development Director or designee. A Landscape Plan check fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. Page 3 of 11 Agenda Item No. 17 Page 10 of 80 CONDITIONS OF AP~ROV AL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE LA ROSA AT ROSSETA CANYON (TRACT NO. 32503) a. The applicant shall plant street trees, ~elected from the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size. b. Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. c. 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 prevenfexcessive watering. d. All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. e. All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. f. The Final landscape plan shall be consistent with any approved site and/or plot plan. g. The Final landscape plan shall includ~ planting and irrigation details. 29.AII exposed slopes in excess of three feet in height within the subject tract and within private lots shall have permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. 30. The applicant shall prepare a Wall and Fencing Plan for the area comprising of the project area, in compliance with the fencing standards within the Zoning Code Section 17.14.130.D prior to issuance of any building permit, and subject to the approval of the Community Development Director or designee. Prior to Final Approval 31. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 32.Applicant shall provide a copy of the recorded CC & R's prior to the first Certificate of Occupancy. 33. The Homeowner's Association shall maintain project improvements and facilities including the private drainage improvements, common.. areas, and landscaping as approved by Page 4 of 1\ Agenda Item No. 17 Page 11 of 80 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE LA ROSA AT ROSSETA CANYON (TRACT NO. 32503) Community Services Director and the Directori.of Community Development of Designee. The .2 acre "remainder parcel" shall be included. within the jurisdiction of the Homeowner's Association (HOA). 34. Prior to final approval all wood fencing shall be. painted or treated with a high-grade solid body, penetrating stain approved by the Community Development Director or his designee. 35.AII front yards and side yards on corner lots shall be properly landscaped and irrigated with an automatic underground irrigation system to! provide 100% plant and grass coverage using a combination of drip and conventional irrigation methods. ENGINEERING DIVISION 36.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. 37. 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. 38.AII 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. 39. This project shall comply with applicable Conditions of Approval of Tract 32503. 40.An Encroachment Permit shall be obtained priorto any work on City right-of-way. 41. 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. 42. 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. 43. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer.. 44. Provide fire protection facilities as required in writing by Riverside County Fire Department. Page 5 of 11 Agenda Item No. 17 Page 12 of 80 CONDITIONS OF APpROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE LA ROSA AT ROSSETA CANYON (TRACT NO. 32503) 45.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 46. Ten (10) year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be provided. 47.AII drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 48.AII compaction reports, grade certifications,.. monument certifications (with tie notes delineated on 8 Y:z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 49.Slope maintenance along public right-of-ways shall be maintained by a homeowner's association or other maintenance mechanism as approved by the City. 50.AII open space and slopes (except for public parks and schools) and flood control facilities outside the public right-of-way shall be owned and maintained by homeowner's association. 51.Alllandscaping at intersections shall meet City Sight Distance Standards. 52.AII 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. 53. 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. 54.AII 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. 55. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. Page 6 of 11 Agenda Item No. 17 Page 13 of 80 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE LA ROSA AT ROSSETA CANYON (TRACT NO. 32503) 56. The applicant shall submit WQMP and SWPPP plans for City's review and approval. 57. 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) 58. 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) 59. 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 60. Streets with a slope greater than 9% shall be redesigned to 9% or less, unless approved by the City Engineer. 61. Maintenance access shall be provided to all open spaces and drainage facilities and easements. . 62.A Calif. Registered Civil Engineer shall prepare street and traffic improvement plans and specifications for the street improvements as shown on the Site Plan, grading plan, or as conditions of this development. Improvements shall be designed and constructed to Riverside County Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall include curb and gutter, sidewalk, street lighting, ac pavement and drainage improvements. 63. Make an offer of dedication for all public streets and easements required by these conditions or as shown on the Site Plan. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Page70fll Agenda Item No. 17 Page 14 of 80 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE LA ROSA AT ROSSETA CANYON (TRACT NO. 32503) 64.Applicant shall submit signing and striping plans for the required street improvements. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. The signing and striping shall include Street Name Signs, No Parking and Street Sweeping Signs for streets within the project. 65. Submit grading plans with appropriate security, Hydrology, and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. The grading plans shall include mitigation/protection of any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. The grading plan shall also show that no structures, landscaping, or equipment are located near or at street intersections in order to meet sight distance standards. 66. Construction Project access and hauling route plan shall be submitted and approved by the City Engineer, 67. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 68.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 69. 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. . 70.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. 71. 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. 72. The Applicant shall provide a copy of the Notice of Intent, approved WQMP plan and SWPPP plans. Page 8 of 11 Agenda Item No. 17 Page 15 of 80 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE LA ROSA AT ROSSETA CAN~ON (TRACT NO. 32503) Prior to Issuance of Building Permit 73. 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. 74. Provide proof that no structures, landscaping, or equipment are located at intersections and street curves that could compromise sight distance requirements. 75. WQMP and erosion control plans shall be in place to the satisfaction of the City Engineer. 76. Pay all Capital Improvement TIF and Master Drainage Fees, and Plan Check fees (LEMC 16.34). Prior to Occupancy 77. 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. 78. All compaction reports, grade certifications,. monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 79.AII public improvements shall be completed in ~ccordance with the approved plans or as conditions of this development and/or Tract 32503, to the satisfaction of the City Engineer. All Public Works improvements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code' (LEMC). The improvements shall include street and drainage improvements, street lighting, and associated traffic improvements related to the project. 80.AII signing and striping and traffic control devices shall be installed. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the tract. 81. Water and sewer improvements shall be completed in accordance with Water District requirements. 82. Proof of acceptance and maintenance responsibility shall be provided for all open spaces, slopes, and drainage facilities. Page 9 oflI Agenda Item No. 17 Page 16 of 80 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE LA ROSA AT ROSSETA CANYON (TRACT NO. 32503) 83. Proof of participation in the Lighting Maintenanc~ District shall be provided. Should an HOA be not formed, proof of participation in the Landscape Maintenance District shall also be provided. 84. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 85. Post construction erosion controls and landscaping shall be installed and approved by the City Engineer. 86. The applicant shall submit as-built plans and shall as-built the mylars. A digital copy of all completed public improvement plans shall be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. 87. Prior to occupancy, the grading plans shall be revised to reflect the "as built" construction and/or grading of the project. (Added to Amendment No. 1 of RDR 2006-18) ADMINISTRATIVE SERVICES DEPARTMENT 88.Annex into CFD 2003-1 Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or dandersonlalharris-assoc.com. 89. Annex into CFD 2006-5 Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building 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 dandersonlalharris-assoc.com. 90. Annex into LLMD NO.1 Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public Page 10 of 11 Agenda Item No. 17 Page 17 of 80 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2006-18 DE LA ROSA AT ROSSETA CANYON (TRACT NO. 32503) 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 whi~h the City will pay for electricity and a maintenance fee to Southem California Edison. ~pplicant 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 danderson@harris- assoc. com. COMMUNITY SERVICES DEPARTMENT 91. The applicant shall comply with all conditions and standards. RIVERSIDE COUNTY FIRE DEPARTMENT 92. The applicant shall comply with all Riverside County Fire Department conditions and standards. LAKE ELSINORE POLICE DEPARTMENT 93. Meet all the requirements of the Lake Elsinore Police Department. End of Conditions Page II ofll Agenda Item No. 17 Page 18 of 80 CITY OF ~ LAKB 6LSiNORJ: , ,-' - V DREAM EjTREMEN REPORT TO PLANNING.. COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING. COMMISSION FROM: TOM WEINER ACTING. DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 4,2008 PROJECT: RESIDENTIAL DESIG.N REVIEW NO. 2006-18, AMENDMENT NO.1 FOR DE LA ROSA BY CENTEXHOMES, VESTING. TRACT MAP NO. 32503 APPLICANT & OWNER: JANE BLASING.HAM, REPRESENTATIVE FOR CENTEX HOMES, 1265 CORONA POINT COURT, CORONA, CALIFORNIA 92879 Proiect Reauest The applicant requests to amend a previously approved residential project known as De La Rosa by Centex Homes. The amendment consists of a proposal to replace the existing De La Rosa products with approved products currently being offered at "Fox and Jacobs at Rosetta Canyon" that are also Centex Homes products. These products will be constructed on the remaining thirty-six (36) vacant lots within the sixty (60) lot De La Rosa Vesting Tract Map No. 32503. Proiect Location Amendment No. 1 for Residential Design Review No. 2006-18 straddles Riverside Street and is west of Laister Road and east of Crumpton Street (APN's 349-610-006 thru 018, 349-611-001 thru 004, and 349-612-001 thru 022). Agenda Item No. 17 Page 19 of 80 PLANNING COMMISSIOI~ STAFF REPORT RDR 2006-18, AMENDMENT NO.1 NOVEMBER 4, 2008 Environmental Settina iiilll~~~'ll1f ~ffi>X:IS!lJIIil'@iI!!,@IllElli!l!!8~jtlll!.iiilll!.~~~~i$JJ~t ~lji .,' lIill!\n..~~~~~~~g~fl::I.Jimi~_ 'p~~j~ct - V~~~~t "~~"'- - R-1: Single Family Low Medium Density Site Residential North Scattered Single Family R-1, Single Family Low Medium Density Residential Residential South Vacant and Single Family MD, Medium. Residential Densi Residential Single Family Residential MD, Medium Densi Residential R-1, Single Family Residential & R-3 High Density Residential Ramsgate Specific Plan East Ramsgate Specific Plan West Vacant and Single Family Residential Low Medium Density and Medium High Density Proiect Backaround The project site had undergone several City processes starting in June, 2004. At that time Centex Homes requested approval of Annexation No. 71, General Plan Amendment No. 2004-09, Pre-Zoning No. 2004-04, Vesting Tentative Tract Map No. 32503, and Mitigated Negative Declaration No. 2004-09. The City Council approved these requests at a regularly scheduled meeting of December 14, 2004. The request for Annexation was sent to the Riverside Local Agency Formation Commission (LAFCO) for approval. The annexation was conditionally approved by LAFCO upon the submittal of a neighboring Annexation No. 77 in order to close a "pocket" area that was created by the annexation for the area currently known as the North Peak Specific Plan. Centex could not proceed with the development of Vesting Tentative Tract Map No. 32503 until this condition was met. In compliance with LAFCO's request, Annexation No. 77 was submitted to LAFCO on October 25, 2006 and accepted pursuant to City Council Resolution No. 2006-162 on January 10, 2007. The product types proposed were previously approved by the Director of Community Development on June 29, 2006. The project was identified as Santa Rosa at Rosetta Canyon (Tract No. 25476). Residential Design Review No. 2006-18 for Vesting Tract Map No. 32503 now identified as De La Rosa was administratively approved by the Director of Community Development on June 27, 2007. To date, twenty-four (24) of the sixty (60) lots have been constructed with the De La Rosa (a.k.a. Santa Rosa) product. Centex provided an opportunity for existing residents of both the Santa Rosa and De La Rosa tracts to view the proposed changes in product types at an Open House Page 2 of 5 Agenda Item No, 17 Page 20 of 80 ( PLANNING COMMISSIG,~ STAFF REPORT RDR 2006-18, AMENDMENT NO.1 NOVEMBER 4, 2008 conducted on September 17, 2008. Only one resident attended the Open House and had only positive remarks for Centex homes. Proiect Description The proposed Amendment to the Residential Design Review consists of the following elements: 1) Plotting Plan, 2) Elevations and Floor Plans and 3) Phasing Plan. A Model Home Complex that is currently being used for Fox and Jacobs at Rosetta Canyon will be used for the De La Rosa project. A Site Plan for the Model Complex is included in this submittal as well as the previously approved Landscape Plans. The applicant will be providing six (6) products, each with either three (3) or four (4) different elevations to choose from. These units will be constructed on the remaining thirty-six (36) lots within the De La Rosa tract. A single story plan was previously offered and will be offered again. The remaining five (5) products are two story units. The details of these six (6) new units are: Plan 1 - 3 bedrooms, 2 baths, 2 car garage @ 1,640 sq. ft Plan 2 - 4 bedrooms, 3 baths, 2 car garage w/opt. 3rd @1,979 sq. ft. Plan 3 - 3 bedrooms, bonus room, 2 % bath,.2 car garage w/opt. 3rd @ 2,400 sq. ft. Plan 4 - 5 bedrooms 3 bath, 2 car garage VIi/opt. 3rd @ 2,613 s~. ft. Plan 5 - 4 bedrooms, family room, 3 bath, 2 car garage w/opt. 3', @ 2,710 sq. ft. The existing De La Rosa project provides four (4) products with four (4) elevations each that include one (1) single story plan and three (3) two (2) story plans (see attached "Previously Approved Plans"). The sizes of these units are 2,266 sq. ft., 2,710 sq. ft., 3,206 sq. ft. and 3,487 sq. ft. The plans offered three (3) and four (4) bedrooms in the two (2) smaller plans and five (5) bedrooms in the two (2) larger plans. Analvsis Staffs compared the De La Rosa products with the Fox and Jacobs products and found that they equal or exceed the architectural features of the existing De La Rosa products. Although the square footage of the proposed Fox and Jacobs products are smaller than the existing De La Rosa plans, the largest of the new plans still offer a maximum of five (5) bedrooms, three (3) bathrooms and an optional three car garage. Staff feels that the street view will be substantially similar since the architectural styles and colors and materials of the Fox and Jacobs products will blend with the architectural styles and colors and materials of the De La Rosa development. The amended project will continue to provide the same fencing and landscaping materials that was previously approved. The project meets all of the LEMC requirements including maximum allowable density, setbacks, parking, and design. The six products that include a single story unit and two story units provide for a good 'diversity of choices for the home buyer. Page 3 015 Agenda Item No. 17 Page 21 of 80 r PLANNING COMMISSION STAFF REPORT RDR 2006-18, AMENDMENT NO.1 NOVEMBER 4, 2008 Environmental Determination Mitigated Negative Declaration (MND) No 2004-09 was prepared fo~ the subdiv!s!on map known as Vesting Tentative Tract Map (VTTM) No. 32503. VTTM IS the underlining map for this Design Review. The MND was adopted by City Council on December 14, 2004. The MND was prepared pursuant to Article 6, Negative Declaration Process, Section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration of the California Environmental Quality Act (CEQA). Review was in anticipation of the current Design Review development considering densities up to 6 dwelling units per acre. Residential Design Review No. 2006-18, Amendment No. 1 does not propose substantial changes to Vesting Tract Map No. 32503 for which the Mitigated Negative Declaration No. 2004-09 was prepared. No new significant environmental effects or an increase in severity of previously identified significant effects are anticipated. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that would require major revisions to the Mitigated Negative Declaration. 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. Staff recommends that the Planning Commission determine that Residential Design Review No. 2006-18, Amendment No.1 is consistent with and implements Mitigated Negative Declaration No. 2004-09 for Vesting Tract Map No. 32503. Therefore, in accordance with the California Environmental Quality Act (CEQA) and pursuant to Section 15162 - Subsequent E1Rs and Negative Declarations, of said Act, Staff recommends that the Planning Commission determines that no further environmental documentation for Residential Design Review No. 2006-18, Amendment No. 1 is necessary. According to the MSHCP Consistency Determination that was completed for Vesting Tentative Tract Map 32503 and approved by the City Council on December 14, 2004, the Vesting Map was found to be consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolutions and Section 6.0 Plan Wide Requirements of the MSHCP. This amended design review is a minor change to a design review that was reviewed in connection with the December 14, 2004 consistency determination and does not present new circumstances, impacts, or information. No new or different disturbance or activity will occur. Therefore, no further analysis is required for Residential Design Review No. 2006-18, Amendment NO.1. Page 4 of 5 Agenda Item No. 17 Page 22 of 80 i PLANNING COMMISSI61~' STAFF REPORT RDR 2006-18, AMENDMENT NO.1 NOVEMBER 4, 2008 Recommendation Staff recommends that Planning Commission recommend To City Council to adopt a Resolution approving Residential Design Review No. 2006-18, Amendment NO.1. Prepared By: Linda M. Miller, Project Planner Approved By: Tom Weiner, Acting Director of Community Development ATTACHMENTS: 1. Vicinity Map 2. Resolution No. 2008-_ approving Residential Design Review No. 2006-18, Amendment NO.1 3. Conditions of Approval 4. Exhibits - Reductions a. Site/Plotting Plan b. Typical Landscaping c. Model Complex Plan d. Building Elevations and Floor Plans e. Phasing Plan f. Elevation Colors g. Previously approved De La Rosa Plans 5. Draft Acknowledgement of Conditions 6. Draft Notice of Determination Page 5 of 5 Agenda Item No. 17 Page 23 of 80 VICINITY MAP RESIDENTIAL DESIGN REVIEW 2006-18, AMENDMENT 1 FOR DE LA ROSA APN 349-612-001 THRU 022, 349-611-001 THRU 009,349-610-001 THRU 018, and 349-600-001 THRU 015 ____~~1b. " \ I'--r- !' ~I ,/"'/ I d I ",/ /1 I r ~ I i !n // ,/1' ! I r---.- ~ l' I .,~ ---j I v/'/' I I L ~ 1// I/_.__.~L_I~------- I ) ..// //' \ r ,r--.--- , / '21"'-1 b. ! I -.::.::::J c,.,. _.____ ~.._~_._.- ! ~ MAURICIO ST --'1 I I . Est L-. --- ~_ \TI~ Q I I IT! i I (~rTT :::1==" \)...10 .BANTRY_BAY ST;...LL, I \)-- - .J 1/ -'T~ Ea' -----,~ '---,---- '- ." A (J) ...L...1, -,I ,. _,(' \ y..L<( ,! l "".,--_.. I I! I i --- I \.S\)t "'~J' f---t- i ~L~ f:3// I J! '- "..., '--7 c---.. --~: I I I ....../: i I ,>--------t /C"/ BELLE ISIS.CT.j <~lJ'" /-'1"'-"7' !,-,'-I./' .-J ,........ I !'" '~~/....! to" \ J-t\.. /T +++r' I i 1''-/' , <I,,);I 1....',J',fJ:J/' I:,,~J ','" l I ',,-I ",/ ',I' ~ .... ". J -. -.. 7 ,'f-,s,) ....~ ' i'-~/;Z i ......l "" \" ... \ OSE;.SACHET,LN~-.-f-,-! t-,/i'-;;I (',"- /\' \ . - I I--r-..... -.,.~'. --, " --,--~~!.Ui--Iv, " ~1 I, I I 1..._ ,--,_----\ l \/ ---r---- ....J' I ).. ',I --> ~J I .. I, 1'---;:' ,",-j / ('y \ L---I--, ,---/ ">" , , I .. I I_._!! rL r---_,L__L__.__-",,/'" - L_I :----1 I-'"-"_i I- f' I \,..,j ,~, .I 1___ ("WI /-"",--../ -------=-~ "',' ',_....' " " ! J, 1 I ""'I t'------;' \S~/4i' i'j t!-.--~! !---..i ----I <9.:::./..','~/'_! \<71 J7')/~ :?-::;:/':-I I, ~:,.j ;---- 7 " 'I.> /, "'- .'---- /~~-~ ,~:--. ..~,.,--"/ ,-,-~'>j "- ./...._..::.~...L....] 1---...;(.--; l----i ./1 \ \ PLANNING COMMISSION Agenda Item No. 17 Page 24 of 80 ( RESOLUTION NO. 2008-~ 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 RESIDENTIAL DESIGN REVIEW 2006-18, AMENDMENT NO.1 WHEREAS, an application has been filed with the City of Lake Elsinore by Centex Homes (the "Developer") requesting approval of Residential Design Review No. 2006-18, Amendment No.1 (the "Amended Design Review") for a revised product "De La Rosa" proposed for the remaining thirty six (36) lots in Tract Map No. 32503; and WHEREAS, the project straddles Riverside Street and is west of Laister Road and east of Crumpton Street (APN's 349-610-006 thru 018, 349-611-001 thru 004, and 349-612-001 thru 022) (the "Site"); and WHEREAS, the Amended Design Review includes design details for thirty-six (36) lots including a model home complex located off site on Carla Court; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and making recommendations to the City Council pertaining to residential projects; and WHEREAS, pursuant to 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.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or Agenda Item No. 17 Page 25 of 80 3. (A) (8) (C) (D) ( , New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: The project will have one or more significant effects not discussed in the previous EIR or negative declaration; Significant effects previously examined will be substantially more severe than shown in the previous EIR; Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially ,reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative."; and WHEREAS, an Initial Study was prepared for Mitigated Negative Declaration No. 2004-09 (the "MND") and a Mitigation Monitoring Program adopted thereto, on December 14, 2004, for Vesting Tentative Tract Map No. 32503. The MND analyzed the subdivision and grading of property and the construction of sixty (60) single-family residential lots, of which this Amended Design Review is a part. WHEREAS, public notice of the Amended Design Review 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 November 4, 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the remaining thirty-six (36) residential homes and model complex prior to making a decision and has found them acceptable. SECTION 2. The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15162, the Amended Design Review does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Amended Design Review were contemplated by, fully analyzed in, and mitigated through the Agenda Item No. 17 Page 26 of 80 Mitigated Negative Declaration for Tentative Tra~t Map .No. 32503. No new CEQA documentation is necessary for the Amended Design Review. SECTION 3. That in accordance with Section 17.82 of the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Amended Design Review: 1. The project as conditioned will comply with the goals and objectives of the City of Lake Elsinore General Plan and the Zoning District in which the project is located. The General Plan designates the site for Low Medium Density Residential (6 dwelling units per acre) and the Amended Design Review implements this density. The Zoning District on the site is R-1 Single Family Residential, and the Amended Design Review complies with all development standards of this zone. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed "Fox and Jacobs" product types equal or exceed the product types currently being offered at the De La Rosa project site. The "Fox and Jacobs" products offer similar architectural styles, features, colors and materials. The applicant will provide the same fencing and landscaping materials that are currently being used in the De La Rosa project. Therefore, the merging of the previously approved products and the newly proposed "Fox and Jacobs" products will blend together creating an undetectable, seamless unmcationofproducttype~ 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Conditions have been applied to the Amended Design Review that prescribe site design, setbacks, height, architectural design, exterior materials, colors, textures, landscaping, lighting, walls and fences, grading and phasing. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council approve Residential DeSign Review No. 2006-18, Amendment No.1. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 17 Page 27 of 80 PASSED, APPROVED AND ADOPTED on this fourth day of November 2008. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 4th day of November 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development Agenda Item No. 17 Page 28 of 80 ~ q: ~CW) ~o~ ~IOO Ci)~Cc ~""q: _0.... ~.~Lu ~e:~ ~ ~ " \ \ / , , , / ; , :~~~, " ,.,.~-~ ~ ""~', " -- "- ..<::~~, " Ii ..- M I 11 ,I I. i!1 .j: ~i:J " " ~ ~ , hI' "1 ,.- i I I' i I' ill" 1 , "II.. 1 I_ ~ u _ J.. '1'1'1'11" I.: " , t I' ,', ";' L 'I'. il:' Iii. I'll 'II ',I I: I l!<ll .. ~I l' t " -I I ._a~ i a iil " . ,,:1 ~!!i l ~I ~!!i I il: I .i!!l=I!~_II': ' ! U ,; 01' ';1' ii"~ ';1' ii" '8',llI,..1I!hl- ! "I'h':1 1<:1I,'l':': I,i''; ..1' !~ ' ,i,,;',I:', ~!I: II ,i'l'!!' 'I ,'! !S' I ! 11i"1"" Vi. ee"J ':: e,.J ..1 ~o I I 11. ~i ~...~ ~!!!::!:li!!!::!:li!ill!U !'!, !II, !I' III!!!!:!!'" ~ m I!!II i ili !1m i !!:I i ~ ~ Illi .I! ~ II:il ~ ~~!~~~~~r!!! ~ i ~Ih. ~ilil . I' 'I' !!i'1 ~':e8 ~hll , Nl oMi ~:~~~i~ ~~!. !! ~ ~~~i, :5 u":" U uill 5~~~ ...,<!.I =~~I;li ~ Z I ili 1m~ lull! , I I' Ii ::: :l;' ;2;, ~I; ~.i UE! @/ - ~.g j, II -----...--t' II II I --'-~--~--'-Tl II. II. II ~ __,_"_,,,___~'I-l II II II . . . , ;j~ ~~ -.).15" '..O:9h ~> ll:3 c u ...._....-.._~-..-=..::.; - . . -_:..-: : ~':'Q ~ , r_i_.-0i r --jll: ~'J' J I I ,...~ I~".~ . t- , 1l-2266 I ~.:~, - - ""'T -d I . . i , f II I ! I ! i i ~ II f IIi ',' "II.! ~ I 1 I u ~! Iilu 11 1~I.oII.ur,dh IIII . " I ., U I .1 '!lll i I!! i l! ~Iill !I i!..l 1IIIili I !II ii ~ iii il! 111111 illJIIllldlillblli Ii, I! ~ Illhl ul ., _. II D ~ <l') OIP . II!W i \1J liP @ 47 , !-'.ff- --'"- N ! "'--- ~ " < ~ ;;l ~: ; - .; ~: i . ; "' .; ." "' ~ ~ I i m . -" '. ; .: ~ : :~ ! ",: Ii.,: n:;~ "0.. ..... <r: Cf'J(rj Q5S ~~ E-< <r:U ~~ ~E-< o ~ :0 ~ !; 15 Z 1:1 "' <C w ~c-. ,- ....J:E z ~ ! I . 'f!, <( i::!'i ~ ',i> "Ii g, p.. ffil'il >< '" ~ ~ ~!i!i I ~-8 !~ t.IJ z c:: ~!2 ...... 11m 1 U! III ~ 5 ~ l2:S ~ 1!!l1 ! !'! '. ...... i,,' '.li .!l U 7. i!; i!!iillh!H !I~! C3 ~ t "., .l~, '< ., _ ~ 1"111- i1lill i.1 ~ ~ ~ I;!. ,Ill;l , II....... ~ i I', 1'!'lll1< I....J :E <: ill'l !'~-, ,~ll....J '" i3 l1!1i l~i;hl'!l!!<t:: ~ &; '!;~l UI'~! 1!~I::J :s ~ j mu !!lli! hhi E-< ~ ~ ~ : IBi.< '1,0'1 <"h p.. i3 0. ~ z IWli!IUhJ!gi!! tJ ~ ~ ~ ~ ~ ~ .. ~i'I'l"i'h~'m"i ;UM: ....~ ttl b1~.~~~ I. ", !,~, 'Bl!S ~ i>:l);;..." J'.\ '<: e~~~pl!:,,<s' i!: ~ -CJtai";:l r:J .w ~il;hi'i!;'lii!l. ~ u ~ u u '- gH=U,,~:hlj Ii" _" II I I I I "I ~, .I ~ I ~I 8' "I ~, ~ ......~....., t~ -4_......--V_...__4:-__~___'(.. . i. ~ ~ [ I ~ :j ~ ~ ; ~ ~ n ~ . : ;;: ~ 5 : ! ~ :i ~ ~ p . ~ . ~ . . i ~ ~ :;f 0[ ~Ellifii d d3h p~nn~ i II I " -.- :> <D ~f \ vi '" %Z ..- U > .\ l - \ vi '= '" '" ~ >-' " ~ I < 1 r:J) ('t') . . 1 0 0 1 It) :1 ~ N 1 ('t') I~ <0 I~ w -I~ ~~ I~ Ig !:.IJE-< Ii 1 0 1 1 1 1 I ~ u. : z:' ~ ; : z- ., ." '. ;:;= ~ ~ ~ I ~i, si.;: u, :, II::; '1'-: f ..::: Ea~ z ~ ~ ~ o-l 6 p... '" I!$ tj ~ ~ Z ~ g ~ ;:5", lJl lL< ~~~~ ~ 12f2&!!Z :li<( <( o-l o~il'::" AgendlQ\~~g ~ ~~~~u I!l ~ it . ~ ; I "' ! II I ii I I U III" I,I! I I !MI,I! ijll"ll.l! ! ~i!U!J!lUl!Uj i!i ~!~ ' t i ~ d I tll' II,' 'Iii i 1'111 I, I,l '" I fl,HI li!1h','!III!!I,./I, 1,11'1,'1'" ".:Iid Ii I II! ee G eeeee . I , " II II Ii I!! I ~ "/.I ~mml,!h~I'I~~i I I,t~'~ [_~~'l ~ ,III 111!ln i!l d I I '~ e UIl ,nbl~ I!l, il'<fJj ~ I I \ l l_ ~ 'I ' . " _ -' " , ~. _ c , , II ! I j. , i i II l i I I 'j j I J J ':1 ~ i I ," I ~ : Iii ~ e , I I I · 'ID ~ ~ ~ IiI i ! I 11~1 l}Z Q 0 Xi ! I ",', ~ ~ 1 i Ii Ili ill! ~ ~ ~ ~ ~ 1 I . . ,.!! ~ ~ 2 ~ z .. .. 5' :>;.,., If !" !!I illl ~ 0 z ~ ~ ! i! m l~ J. ~ti :I:~d~7 I Ii m ili~W~~l~f~o ~ ~ ::> ~ , < '" " l:::1 ~ ~z .... U ;;: .,; "' >-' . u z ~ c ~ . c . , ~i , I 0 " II u~ 11'1 IL IIi II iillll! m i il! I.a, !lll! .illi II!! Elseeee..i..... I ~ T ! - , ~ ~lll d ..1 ~ I ~; tl ! "'I! ~~,~lJ['1 ~ll i~ (1) ~ '" ,g~~~al ~gclu.H ~! ~ 1. ~ ~ .. ~ I:' . IS I l. j.. f Jlhl I II 'I 11"111': @ ~ ". . ~:~ ~'; ! ,- .; " .; -, , => ~: Il~ii B ~. ~ H':~ !,::; '10-: f ...:: i ~ ~ <e: Cf)('t') O~ ~~ <e:b ~~ ~E-< Q :;~ ~ -- 0; ~: " g ~ ~ '. -; ,- " ," '. .' b _ Z h~ U. n" !~: li~ ~~ ~ zz v U ;; ~ vi '" "' - , o i 11!!!!!!!!!!!!!!!!!I' 1 ill I I Ii I 'Ii;! l j I! I IIII II !llll! I III I. II III! . ! I I I' I i 1'llId ! L 'I II II ',I '/11I1l11I i 1IIIIlll!!1 1+ '0~~D ~ (f)Cf') Q:iS ~~ ~E-< ~-U ~~ ~E-< a fl I I , ! ! i ;"1 ,I!! lli! . il !~ ~z ii" Ii , " ~nl! '" Ii " l.'.. 01 ~ r:l.. <l:; U Cf) " Cl , , 'I Z I I ,- ..... ! I .1 ..... Ji 1 - , .....J iI I i III ~ i ~ " I ; ! II! >< ;g !R riii f , ill ~ ~ ~ J! ! ! iil! g; ~ ~ ~ i! h I! ~H~.....J -: ~ ~ : I' ~l ;1 "~i <l:; ~ " ~ ~ l! Ii Ii Uttlmiil_~ti~~~7 !~ ~a :'i1, ,~Io l h H h~ he.. tI) U ~ U U ! II~ ~ is L' L- \~~T-in~.l f~< 1r-,,1~1-! l ~"_. ~ ' ! .~~-, c---> ~-rli1i'; ~ " ,~ 1! .- - ~'-""""~I.'!O "', ~:;' ro i ! ;;]:" L-.._"..:.--::;,...:....:--~ .,J m > 0 ~ " . " ~ 0 ! ~ . ~ ~ ~ . ~ w ~ 0 E ~ ~ ~ 0 " ~"" ~""l ~g;! )0 :~: j!j~1 ll:;;;1 @ ~ ~ il > ~ ! ~ jji ~ ;l :::& . . ~ o . 5 ~ , l;! ,., ~~ Agenda Item No. 17 Page 34 of 80 ~ - < ~ " < . " < ~ < ~ ~ w ~ c ~ ~ ~ ~ ~ ~ < ~ ~ < ~ ~ 0 " < ~ . 0 w " c ~ w C , . ~ . Agenda Item No. 17 Page 35 of 80 I .L, ~ o " o < ~ " 5 w c ~ ~ ~ ~ f 0 . ~ ~ u [ ~ c ~ " 5 c " ~ 5 ~ g z E ~ g ~ ~ gi .. . 'Ic-"lr--c---"-, ::;:';1. :=7"" > la ',il(J! ~j ~; I. .. ~"'ki. !I I \ '.'''c, 0 ' '.i[ ....,~ f, f~ .~!".: . L ;- ;:;_~~~ .~J i--' 'I . ~- Irl fl~~ , ~.._.-" t"... i!l j;i !:2:! , i!li:U '[:il =::1 ~~I @ , " ~"lf ~~; J\a I I i('i.. b "U ~L1 f . y=', _.,- o 'I;~ I; , t ~ iH' J 18 f' , "'''I ~j:i1 ~ ~:~ Elltl A ~ 82 ;~ :I: ~ !,! ~~* Agenda Itetn No. 17 Page 36 of 80 ~ . . < 0 ~ . < ~ ~ " ~ s 0 w " 0 s w 0 ~ ~ < j ! ~ @ s w o ~ < ~ < ~ " s w o Agenda Item No. 17 Page 37 of 80 ~~-,~~ I',:.., i~ j i~ I ~."",n,,~',:"~~ ""~', :',_,' ~,_, ~_~, ~. t,-== !~~~1.\o ~" ,J'.'" '. .:: ~ t,~ .' ~..'.:.~-;":~ i~ i I ,~ L ! ~ 'n '~ ,i '!i 15 ~ q I ! L.._~---,~,-~.==-t . 00 o " 5 ~ 5 ~ . ~ " 5 w c ~ o " 5 w c ~ o E ~ e ~nm ~i',n ~~~!~! ~!~~l @ ~~ ~~ Z~ 1:; --; r:c'::r:;t:-~ --'-~ r' ~"r'~~ II .~ i "';d ~ ~._ I. ~~ If:q,t>; . :r:';B ~ - !~ I -'~~9 m ~j , I'; ;~~ i~~ ~~ ~ > 00 t;: . " u ~nm ~i':!1 ~;~;:! >,;:, ~1~a o Ii ;~ -, ," ~ ~, ,-~ ~~~ _.~..,-C----;a;~da Item~No. 17 Page 38 of 80 " , , , < . ~ 11 . ~ ~ ~ < " ~ ~ w o r i . Agenda Item No. 17 Page 39 of 80 ['"; l ~i'!! ~~l ~ @ i~ . hi ~ sri !B;i jE ~ ~; .~ t.~:::;: .,:, I.' ;:j ~3; . ~'i::'f ; .... il> ~I ~,J~~X~ ~ ! ~ ~.1 I,.....! r f:! l! ,.,,~ u; t:l~,;;;;. .L 11' 'U!! ~ . < . o . 5 w o ; ~~l; ~~; ~~ g . . ~ o . 5 ~ z ~ ~ ~ u :; ~ . 5 w o I!~ . ~K:l~r i. ! . n W" ., I' : Ir:~ ! U~ i '~L JII, L! :1=41,\ i;: . i ~ l' . ' :! g ,. b ,l "ill ,",1" ~ Li r-----~~'-~.. f~ . .~--.J' z ~ ~ '''''I {'; ~:'~;; ~t~i e 8i ;~ c:~ ~~ ~~! "r Agenda Item No. 17 Page 40 of 80 ~ . < ~ ~ < 0 8 ~ 8 s w ~ 0 s w 0 ~ ~ < o N < ~ ~ s w o ~ o . < o ;; 8 ~ s w o Agenda Item No. 17 Page 41 of 80 .i). ,"'- "I ~ o ~ o o ii < 8 " ~ w c 5 ~ ~ z 0 ~ . . u ii " ~ < ~ 8 S " ~ S w c z ~ i:' ~ u - "-j:! r'.'~"'-'-~lii'.~ i* m < . ~ ii ~ .< :.: l! :5~ trr'~'...'.;' k ~ ::~ -4RI I Ii> ibJ ~.:::i: "-:::.=.,,,"=- ~ i'" l! >> ~, ~ t__ .:=.:.... '.'\~..1"" li. -'""" !!i J ,1:;11 f" ~"~i o :::~. ~~i " rl~i:Pj .,- , i--.'- l- r~ J.~l f~~t ,J.J:jl :c. . .g I ~ ,,,,,,~- -'}::... i.~~ s;;;;~_~. t 'I... .~; ,~'"~.'--' i c, ;,' 1 f~~ Jj (H fL. ".._-~.-.-J.:.."=".J]._"=,,_;' ~, i~ ~, ~ ii'I!! ~j;il () ~i ~~ :>~ l!'; ~~~ "T Agenda Item No. 17 Page 42 of 80 ~ ~ ~ < ~ ~ . < N ~ ~ 0 . ~ 5 0 w . 0 5 w 0 ~ ~ ~ ~ . 5 w o ~ < . . N ~ o . 5 w o Agenda Item No. 17 Page 43 of 80 -, !--- , u z o ~ o , . ~ < w ~ ~ w o ~ ~ ~ ~ i1 0 . . ~ ~ < ~ 8 < ~ ~ w 8 0 ~ w t ~ 0 1.\ ~, :.--=.- ,l~"'1 ~--'~'~'~ ~, '"I or' "{ .m~ ~j ;~ -. " !Ii '" ."""' ti ..--L " ';1 j if:r '''''1 {" ~~~I: ~;!! A ~ ~ !,! ,.. "- , if, ,.,-. ,~ 1 :1-'1- d ~~ 4-) '1 ,1- ,'-I ~_ ~ lJ~..,. ,.,~::- .. p, -Il-r-''"''''''D''r' ..,=--..-iY _",', . i jthL}-~:"" I . t,~ ~ I,', "i, '=, J rl ~ . l__~L-.J f; ~ ,M!i1""' ,'j . ill !- ---, i; " r" ri _.J i:~';1 [j", ':,u fi ~Iifj @ iii ;i ., " , E~,; j..;; Agenda It~i~ No. 17 Page 44 of 80 .. .. '" .. ~ . !:l ~ ill o '" .... "' 13 J33lUS A'18 AwIl...s l:: .--.-......- Iii w 0: t; <( ~ <( N . lil l!! II .. '" .., '" ~ ~ ~ -q ~. ~ U~ ~~ ~ ~ ~ .... ~ N .... Eo-< U ~ ~ lil ~ .. " il ~ z ... ;1)mm ...a- t ~ ...q C"') C) ~gcO 'V Z - -v N- en 0('1) _.......O('l')N....... < ~~~,.<{ -"<'7 ""I"" en 'r"" I to....... 'r"" co ('l') Q: 'r""N..qVNC"')('l')("I') enen"'enenenenen Z 1-1-1-1-1-1-1-1- o 00000000 i= -J...J...J...J -.J ...J ...J ...J o II II II II II II II II ::J <(al<.)<(al<.)<(al 0::: MMM-V""'..q-LOI.O I- WWWWWWWW U) en en en en en en en en z <(<(<(<(<(<(<(<( o :I::I::I::I::I::I::I::I: <.) 0..0..0..0..0..0..0.. 1Il -.... .........--- co .., ::; gj !ll . $j oliO 3S011 !lNnl~ , . ~ . ~ j:! . . . 'i1 ~ .... Iii . .. , w 0 .. ~ .., II \1 w ~ c w iii .. ;" ~ 0: 0: ~ 0 .. 0: w .. III '" lllnO:l :1'0'310311 0 .. 0: CI z II ~ ::; ~ .... III III ... ~ '" .. J.33111S NOLI~nll:l Agenda Item No. 17 Page 45 of 80 i , , , 1 1 , , , , , .' "' 1 1 , 1 1 1 , , 1 1 , , 1 1 1 1 1 1 1 1 , 1 1 1 1 1 , , 1 1 , 1 " ,1 , 1 , , 1 1 1 1 1 1 , ,I 1 , 1 , 1 , 1 , 1 , 1 1 , , , 1 1 , 1 , , , 1 , , ! , . i r , \ \ '- \ \ " \ \ '- 'l " " \, "" '.... \ " .... " 'y.'!.--->".... ...... " ,. " ...., .... ,;.... .... ," '1, " "- ..... "-""'v" '-'-.... '-"".... '-'-...:-- ':7 - . -~- '''{I '.... '.... '.... -- __ __ , ..... .... ... . .... .... .... '.... ........ -------. --- I i i i i i f- i i i i j i i j i i i ! i i ~ i 8' I j i i ~ ~ 'Ii ~ ..! ~ ~ i' q I' dl..n~1 e in.. . I' · , : :., ! ~ tI % :i!.:.: j ee~@ @<l!>~ i , i il!>@il!>il!>1l1 I 1.( ,i1 .., ;t . f I !!!!!!!!!!!~!!!!! ~~ ! . .~~ II .~ ~ 'll !~ I !! jl~I~I~I!~li;ilii J! l ' ! i III i . ,:1 !!i~i~il,~~11 ~I lillliiii!llllilll Dil .I ~ I ! f i I mnm I I f~' ! !~ir !.! ~. I ii~lilll .' . . ;~~ .~i9 '!g '.l i t ~ ~!illll. h~ ;I~I o! !~llil.i~i" .is! i I ~h ~Mmli nn -'-. i-- I I I I I I I I I I I I I I I I , I I I I I .., <t ~r ~l:, . ~: : ~i ::1 '" '" o 0: '" -.J Q) Cl "tJ c: '" '" '" & .l!l c: '" C/J ",- .Q o <J .!!l "" & z _ o '" >- ;jg z 2l <( & o '. CIl~ <( w:= ~ I- ::2: u ::0: I- 0 ~ ~ ill I ~ ~aJJtsm No. 17 o Pile 46 of 80 ~ ~ ~ ~ f-o Z '" u <l: Ul 0 0:: I- ~ 'II fJ) z z w <l: a Ul u; '" <l: w Ul > 0 a: 0:: OllUSII ~ w a .LS 118111 ~ ~ ~ ~ """" Z """" U """" ;> W I- iii ..... w a 0 :;; ~ ~ ~ i:i::: :s ~ ~. ~ ~ ~ i:i::: ~ ~ ~ t.o5' ~ 8 ~ ~ ~ ~ Eo-. ~ ~ ZEo-. o~ ~~ <I u~ <~ ~o ~= ~d 00- o@ ~~ Agenda Item No. 17 Page 47 of 80 '" ~ -,- I "..... "..... \0 \0 <' .. .. .. "..... "..... .. Q Q -< "" "" "" '" ... "" Q Q III = = = ~ '" = <'l <'l Q .. .. Q Q .. '" Q r- M .. ...:i ...:i .. "'" "'" "'" <'l <'l "'" ~ 00 .. .. <'l <'l e '" '" .'" ~ ~ '" all all .. '0 <' -.. -.. .. -.. ~ .. <' .. .. .. .. en en .. ~ ~ " \0 ~ Q -= ;>, .. ;>, ;>, ~ ~ .. ;>, .. .. .. .. ~ ~ .. .. -= <'l '" ... "" ~ -- ~ ~ 00 III -- ~ -- -- -- -- -- -- -< III '" r- r- en = r- III = = = = = r- r- = = -< " '" .. .. .. .. r- r- .. ...:i ... <'l .. en en en r- <'l en r- r- .. " r- "? Q <' <' C; ~ ~ , ~ ... ... en ~ III III ... ... 00 Q M U ... ... , , \0 ~ ... ... ... ... N N ... III III <'l \0 M M M M ... ... \0 <'l <'l <'l <'l N N ... <'l 00 00 00 U U 00 U U III <'l 00 Q I "..... ... i:l "..... "..... <'l <' "..... "..... '0 "..... '0 -< -< ~ -< III III III Q III III = III ~ = III III Q III Q Q .. Q , .. <'l <'l ~ Q r- <'l <'l <'l en <'l ~ en \0 \0 '0 ... ~ 00 .. 0' III III .. t: <'l <'l e ~ ~ '0 ~ "CI .. ~ <' .. f;o;1 .. N N ~ -= ~. l:r:: <' .. en en -= en B -= e e " ~ ~ Q -= ~ ~ ~ "" ~ ~ "" .. ~ ~ .. .. .. -= ... '" " ~ r- ... "" \0 \0 .. \0 .. -- -- M M -- -- -< 00 .. .. r- en ~ = ~ .. ~ Q = .. = = = = <'l <'l = = ~ U C '" - r- - e ... <'l .. <'l <'l ~ <'l ~ ... ... .. ... " \0 \0 \0 Q ~ ~ .. ~ o~ U " <' <' C; , I ~ 0 ... ~ ... ... en Q ~ = III III III ... 0 0 \0 o;J Q M U ... ... Q ... , Q III III <'l '" - ~ ... N N Q N III Q ... ... .. f;o;1 \0 \0 <'l ... <'l N N i:l ~ .... <'l U U 00 u N 00 12 u u .. u " .. - ...:i " ~ U = -- "..... "..... '" '" S "..... ~ "..... ~ ... ~ " Q = Q "..... = "..... "..... = ~ i ;:; ... ... III ... r- III M M .. r- r- r- r- r- ... .. '" III III = '3 <'l <'l <'l Q <'l <'l ...:i Q r- ... + + e " '" ~ 00 ~ ~ ~ ... ... ... '" = ~ .. M M .. .. <'l <'l e en en M en ~ M ~ ~ .. .. "" " i:l <' <' f;o;1 f;o;1 III f;o;1 III ~ .. :l U .. en e e " u Eo< ~ '" Q -= B ~ B N B ~ ~ N .. ~ .. ~ ~ ~ -= \0 t' ... "" e \0 e -- -- '" '" -< -= r- en = :I = = :I :I :I "" Q '" r- '" '" '" ... <'l <'l 00 ~ \,) <'l .. \0 .. ... ... M M ... M ... ... ... :l 00 <' " ~ ~ 00 ~ r- OO \0 \0 .. <' - I , , en i:l ~ " '" '" \0 '" \0 .. " 0 0 III 0 III III III III ~ Q M U III III III ... ... ... ~ U ~ ... , N 0 N N r- \0 ... ... III ... III en '0 \0 N N ... N ... .. ... <'l N u N u u ... u u u .. u u 0- "" " '" '" '" "..... "..... "..... "..... -< -= '" '" '" '" "..... t: t: ... t: -'" '" e .. .. '" .. '" '" e - '" -= -= -= -= -= .. ..., U U U U ~ .. . :I .. C ....... " . " 8 8 e e .8 '" ... " = U .. en oc .- 0- .- - " i:l .. .. .. .- .- ~ " .. = = Eo< Eo< Eo< Eo< '" bI) i:l '0 '" III ~ ~ '" '" .. = ... ....... .- bI) s: - bI)" .. .. .. ;a '" -'" ~ .. ~ .. .. .. .. .. " '" " ~ .:ll .. .. '" ..en en en en " ... U "" .. N 8 .. , I .. '" .- ~ ... 11 = = '" ~ ~ ~ ~ i:l en ~ oc ~ f .. " = .- 0 .s .s .:ll C ... <'l M ;;t ~ .~ "CI '" '" f;o;1 ~ ~ .. .. .. "'" , ... ... '" " 1- 'It: 'It: 'It: bI) e bI) .. I " f;o;1 .. .. oS -= "" :E ... ... = .. , .,!. ... 8 S S S .. 1: ~ ... "" ~ ~ ... .. "" ... = .- = = "" .. .. '" :l ... oc oc .C oc .. 0- :l " ..c: " .- :I " ~ - .. = '" " .. .. '" ..c: .. Eo< ... .. ... " f;o;1 ...... "'" 0 f;o;1 Eo< Eo< Eo< Eo< C ~ ;>- Eo< ~ en "'" .. en ~ en ~ .". .... o - t, .. ll.. Agenda Item Noo 17 Page 48 of 80 ,-., ,-., ,-., ,-., III = = \l> = = Q Q Q "C = = ~ ~ . ~ ~ .... .... .... .. " Q Q Q ~ Q III 0 0 0 0 N N N '" Q t- \l> o. o. ~ o. .. o. ~ ~ = 0: "'" 00 = = = - = ~ :; - .. 0: ... N N 8 ci "C [I:l [I:l [I:l ~ .. "C "C "C 'E > M .. = p:f .. o. o. o. .. fol fol fol 0 a- ~ .E .E e .E = .E B ~ B ... .c = a- Q 0: .- 0: !: 0: !: = 0: "'" 0 r- .... ... .... -- .... .... ~ -- .... -- ~ = -- < < .... a- t- [I:l 0: = 0: a- 0: = 0: M = = = M M = '" .... N o. o. o. t- o. ~ o. "'" "'" "'" Oi .. ~ "C .... .... "'" .... III .... .. = p:f 0 [I:l [I:l [I:l [I:l t- t- t- o. [I:l = - .... III III III III 0: 0 0 [I:l Q M U ~ ~ .... ~ \l> ~ , . , = , 00 III III III "'" .... "'" "'" III "'" "'" .... .... .... M \l> \l> Q Q .... Q Q N N N III .... N r- r- N t- t- III 00 00 00 00 U U U N U III N 00 Q , ,-., ,-., .... "'" "'" "C N ,-., ,-., ,-., ,-., ,-., ,-., \l> \l> a- p:f = 00 00 00 N 00 N Q Q .. ~ III "'" "'" "'" N "'" N N N >< .... ~ Q t- III 00 00 00 t- oo t- = 0: '" .... Q 00 N N N N N N .... .... 0: .. 0: It:. "'" .. >> ~ fi: e... N N 8 ~ ~ = ~ ~ ~ ~ oCl oCl .. .. p:f 0: "C > g- ~ = .. [I:l [I:l ... [I:l [I:l ~ [I:l e:- e:- o. 0 0: Q ~ ~ !: ~ '" ~ ~ !: ~ 0: !: !: 0 !: .c o. o. l: a- ... = .. o. ~ t- .... M M = M a- M a- -- -< .... .. t- [I:l M = M f-< M Q = M Q = = = 00 00 = = f-< " a- \l> \l> '" .. .. .... N o. t- t- t- "'" t- "'" N N = .. ~ o. 0 M M .... M M M M 'Q ~ I.~ u 0 p:f p:f - . . N . , . , N N [I:l = 0 III III III III III III III .... .... CJl 00 ~ .- Q M U .... .... .... .... .... .... . . .- '" '" "'" .... N N N N N N III III == .... Q .. - \l> .... .... N N ~ fol \l> N N III .... N U U U U U U ~ .. N o. ~ . U U 0 - 0: 0 ~ .... ~ <i ,-., ,-., ,-., ,-., 0: '" .... '" -< -< -< -< .... :l ~ 0 ,-., ,-., .... ~ N N .. N M N M ~ 0 = = a- a- ~ a- t- a- t- .. .. ... .... - Q.; 0: Q III M M ..., .... ..., .... = = .... e = t- "'" III III III III a: .- .... Q N N ~ = '" "'" 00 0: 0: e 0: = o. = ~ .. ~ ~ .. .. N N 8 o. o. o. ... ... 0 .. f-< 0 ~ ... ... "C ... ... 'e .- > U ~ ~ .. .. .. = .. [I:l .. [I:l c. U 0 ..., C5 ~ B B 0 B ~ B ~ 0: 8 8 .c ..., "C ~ !: !: !: !: "C !: ~ t- .... ... 8 \l> \l> d >> .Q - -< -< t- [I:l = M = M = = - 0 = .. a- Q Q < Q Q Q Q 0 0 .. ::;:: \.) .... N o. ..., M M .... M .... '" .. ~ g 0 N N N N .... p:f p:f ~ .... .... Z Z = [I:l 0: - Q Q Q . Q . o. 0 .ft .. Q ..., U .... .... Q .... III .... III \l> \l> ~ ~ , . . .... . .... a- a- . "'" .... III III 00 III N III N III III .- "C \l> \l> .... .... .... .... .... 00 00 == III .. .... N N N 00 N jU N U .... .... \l> .0: U U U U N '" 0 '" '" '" ,-., ~ ,-., ,-., -< .c '" '" '" '" ,-., 1:: 1:: 1:: 1:: '" '" 8 .. .. .. .. .. e ':is ~ ~ ~ ~ ~ .. U U U U '" 0: = o. CJl " ,-., 0 0 8 8 8 8 = '" .... 0 .- = U o. [I:l '1: '1: .- '1: - 0 ~ o. ~ .~ ~ 0 .. = = ~ f-< f-< f-< f-< '" '" ~ "C ~ 0: .. o. .... ,-., .- .. .. .. .. .;0 '" '" '" .. - ~I ~ ~ o. ~ .. .. .. .. 0 '" 0 U .. ~ e [I:l [I:l [I:l [I:l 0 .... Ci:i ~ .- .. OJ 8 .. . '" .... .- > 1i 0: = :::: .. 0: ~ ~ ~ ~ ~ 0 ~ = o. .. 0 "C '" .- o. .S .S ~ " .... N ~ "'" ~ - ~ fol = ~ 0: ~ 0: .. o. ... , .... .... 0: 0 -- 'II: 'II: 'II: .- o. .. = . . 0 fol .. 0: 0 ~ ~ = :t: .... .. .... ... .,l, .- 8 8 8 8 0: 1:: .. .- = .- > > ... - ... = = ... '" .... .... o. o. ~ ::: = 0 ~ 0 .. ~ = '1: '1: '1: '1: 0: 0 .; = ~ 0: = 0 .. 0: ~ o. f-< .... .... 0 w ... 0 W f-< f-< f-< f-< " ~ ;;.- f-< ~ [I:l ... ~ [I:l ~ [I:l ~ .... ..... o ... .. OIl '" l'< Agenda Item No. 17 Page 49 of 80 Eo. ~ ~ ~ u 0 Eo. .~ ~~ ~~ ~...:l U ~ ~~ ~~ ~~ C5 \,) . U U III o r-- o 00 ~ "" 0'1 .. S cJcJ.. O'Io..cl r-- ... .. 0'Ir--00 ... "" ... . . 0 UU'O Of<')U .,.. ... 'C 'C ... "" cJu g~oo .,.. 00 .. T'l "" S cJcJ.. O'Io..cl r-- ... .. 0'Ir--00 ... "" ... . . 0 uU'O Of<')U .,.. ... 'C 'C ... "" ..-..-..-...-" ..-. 001010 Q OOOQ..-.,-..-..o O\O\~O\M~~O\ ~~~~~~~~ ::::~~~: 8eee~~~e", r--..t"'--l'l'O'\~O\......C f<')f<')f<')f')::000f<') "" "" "" "" ~ f') .,.. "" QOQQ~"'t?o ....-I............tntt1tt1.... I I I I ....c """,,....c I IIlll'llll:!lNN'1Il ;S;S;SNUUtj~ UUUU U -.. .-.. .-. -... =OOQ~~~ 0\0\0\0\""", Cl = ...-l .... ,..... """" N 0 0 Mtf"JMMtnoooo 1iJ;1IiJ;1IiJ;1IiJ;1N'O'O eeee~;; ""'" .... """" .... Q t'-)= '" ~~~~1Il '" ~ ~~;:;~~~~ .ntAtA.},lI)~~ ...-l....l""'I........t()'lI NNNNN~~ UUUUUoooo . -'''-''''-''-'''-.-....-.-.. U'U f')f')f<')l"'l'Coo'C IIlll'llllll'lO'll"'lf<')O'I ~~l'~~~~CU==CU "II:t'OO~ ~NN... "" "" s.~ ~ ~ ~ .~ ~ ~ .~ cJcJ~~~~f!2.,~~~G O'Io'5r--r--r--r--""__"" r--"'00l"'lf<')l"'ll"'l""--"" 0\ ~ _=OO=!;!~~~ .....c tf"J tf"J f'f") ('f") "4 ,., ... ...,S"""'................O\O\.... UUO I I 1.1.n.n.n.}, Of<')Ul()t()t()tl')"""'..........c....: .,..... ............NNNN :::~ ~~~~UUUU = = '" '" s: Q::; , , = = .~ .g .... .... '" '" .. .. ~ .. r..l ~ ,-.. o r.;:-O,-...-....-.. ;;:~~~~ 00 ^ "" "" '" "'...."''''''' ~:~~~ fI1. ~ 00 00 00 -0------ .,..~O'IO'IO'I 00<.;0'10'10'1 l"'l",0'I0'I0'I '1o'f'f'i> lii....lI)lI)lt';l ...-1.,1...."""'.... N:(NNN UNUUU U ....-....-....-...-.. 0000 =0'1",,,,,,, 01""1......,.......... OOf'fiNNN '0 ~ ~ ~ ~I "'0000000 =~~ '-''-''-' III = ~ ~ ~ , III ~ ... III N f<') U ~ ,-.. .,.. ... '" III N .... '-' .... ",'C'C'C t-........1""'( "Il:I""I::I"~~ ....cOP"?O? 'tntntn t.I)........c1"""( .... .~ N N ~ljuu ,-.. ,-.. 'Cl"'l 0'I~..cl..cl..cl .s ,...; .1:: .1:: .'t: .~~SSs G~~~~ =Mr--..=== ="I!f'M--- "'01Xl1Xl1Xl ~~ZZZ Ill, I \C \C I..C .....t()l'-l't- :-;:....r--r--r-- NNooooOO Uu rIJ'-'-""-",,-,, oCSt:t:t:t: ~~ OS =:I = OS OS e:c ';:0000 ~~,-.. o S S S S .S = '" ... o .C .... ......... - U 0 ~ .....1. .;.....__ 0 .. E-< E-< E-< E-< blI", ~ bJ)E-<J:X:oo.... .. :E .Q ::> J:X: ..cl '" ~ '" = =1iJ;1 ~ .. ... ~ 0'1 .... .... ... ..... E '0 .. ...:l ~ ~ ~.8 = .. < o .. J:X: .. 000 o ~ .. .. blI > '0 0 CIS Q,) ,.Q M -.......:l<oo =-.0 ..< ... .. ~oo . .. = . 0 .... 00 .. '0 ~ 05 ~ 'C > ~ ~~ri:: = ~ ~ "= =: =: - Q .- E-< _ '" .. 00 ~ .. > 'C 00 .QO'I << ~~ 00 = o >> = '" U '" blI = i2 .,.. f<') 'C III lI'l '" 00 o , .... '" 0'1 ,-.. .. .,.. - .... <<tt:, = "'1- o ~ I ~ '0 III 0 .. 0 ... oooo~ ;;!; 00 = '" (J I.~ 00 .. ~ ... o '0 U -.... '" .... = OIl ::: ., ::> .. '" ... = '0 0 ~u ~ t' ...:ll e o c 00 ... 'C~ ""'0 .. .... '" .- '" o '" '" < .... .... o .., ~ ~ '" blI .. S o , o .. .. ::> .... 00 .. 'Ell '" IiJ;1 <o!. o o J:X: Agenda Item No. 17 Page 50 of 80 ~ ~ @I#)N <::>1'-.... ~ ~ ~ Q'Q'~ 0\<::>-= I'- .... (,l O\I'-en ""'" M J... Q' Q''s <::> t'l Q ""'....U IC IC .... N E,., l:l::: ~ U ~ ~ ~ ~ ~ ~ ~ U e~ 'C - ~,....( 0 o QO 'I"""'l 0 ;:'l N .. ~ Q' Q' ~ 5 0\<::>-=" l' 'I"""'l c:J = ..O\I'-en~ ... .... N ... ~ gQ'Q''s1#) ..... Q f'f') 0 """' .. "'" .... U t'l ~\O\O 00 .... N ~ ... ..:l ~ .. .. Q --- ~ Q' ~ :!l =011')0= ..:lOI'-....t'l ..;:'l~..~ ~Q'Q'~a O\<::>-=~~ l'- ...... CJ N CI O\I'-enl'- ..... N ... QO Q'Q''s~ <::> t'l Q I#) ""'....u.... ICIC N .... N U s:: s:: .. .. s: s: , I s:: s:: .:= .sr:: ..... ..... .. .. .. .. .. .. ~ ~ -:-: ::. --- --- --- .... --Q-..Of'f") ICICt'looICt'l<::> ~~""N""'N NNNNN..:l ~ ~ ~ ~ ~ 0(11 ~!e-~--~ Z~zz~z~~~ N S::NN~N~.... s:: ~ ~~OO~OO"'" \0 \0\0......\0......0\ I I I ""'"' I .....c 0 II') tn I.() I lI') I ...... ""'"' 1"'"I......tn,...,(lI').n N NN~N~:( U UUUUUN U .. ~ IC 00 N N ~ en '-' ~..:!~ s:: s:: s:: --- --- o <::> <::> <::> 'CN'CN'C oNONO Q~Q~Q ~en~en~ 5~5~5 ~1Oa1Oa1O s::~<::>~<::>~ ~;:~;:~ 1lir-;-I.()l';"lI') """"11)""':'1)....-1 M......M......M ooNooNoo U U --- ~ "'" IC t'l I#) N eos 1#)1:3 t'l t'l "'" . I#) .... N U ..:! ..:! = = CI -= --- I#) .. .... bll 'C 0'- 0 t'l .. Q ~~::c:: a'a ~ ~ f s:: N .. Q ~u::g ~~< 1#)....1#) ....1'-00 NI'-&J ul'- --- --- I#) I#) ....'C.... <::> Q <::> t'l Q t'l ~::c::~ a~a ~ = ~ ~~~ 00""'00 IC<IC , I#) . :!loo:!l N&JN U U ~~-:! = s:: = l;fj---.-. ~tttt = cc cc = cc ..,,-=-=-=-= ...UUUU Q 8 8 8 8 o ._ ._ ._ ..... ~ ... ... ... ... .. I-< I-< I-< I-< ..... bJJ 4,) CIJ c=,) CI.) cc CI.) CI.) Q,) Q,) Q ~ ...enenenen/i. 4,)=-----''-'')000oi .:.:"....Nt'l"'" .. Q -- 'II: 'II: 'II: 'II: ~ 'ySC8888f {/} = ~ oc oc oc 'C cu ~O~I-<I-<I-<I-<" --- .. '" . .. e:c ~ r$ ';i' ~.5 U .OS !::l '-' ~ .S -= ~ .=:s Ou ~ rn ~ '-" ~-;~~ -= .S:! ... 5 (,l .... .. . &.. .... Cot == o CI.) = cc ~>I-<~ ~~ << 1#)1#) ""'''''' 1#)1#) 1#)1#) ~~ << NN <::> 0 t'lt'l .... .... , , 1#)1#) .... .... NN uu --- --- t'lt'l :: t'lt'l ~~ aa << NN ICIC NN 0\0\ , , 1#)1#) .... .... , . NN UU ... Q Q ~ C ... ~ = .. ~ ... ... ... s:: .E E enr.. ~ ~ 'C -= - .. ~.. r;;; .:.: 5 :; f __Cfi a..,.Q N ... == .. < < .. ~ .. ~ I-< '-' .. ~ ~. I'-en.... t'l .... <::> .... N 'II: I#) "'" I#) N 00 <::> , .... N 0\ ~ .. "'" a 'E ~ ~ ~ ~ 0 I'::" ,.Q ..... .- u I,~ .QQ~== ~o..c~oo s:: U < os U ... "'" "-UN" t'l" <::> = 'II: en ICIC bll N"t' o- N :i ~ ... Q - Q ~ .. ... = .. ... - = .. .. = = Q ~~u ~~i ..:l:g I#) ... ""'~ 'C .. ... .. .- (,l Q '" '" < .. - .Q .Q o U .. CI .. .. Q ~ u ..Q C1'C < .. .. 8 .. <en I#) N ~ .. = o ... en .. 'C .. .... 0;; Q,) bJ) 0006( _ CI.) CI.) .~ ~ N e "':""j f 0 ~ 1'7' r.. 0 = Q,) ...:. CJ :a = Cl u E-l'so;,e .. en~en ... ... c ... .. .. .. p... .. "6ll os ~ ..,!. Q Q ~ Agenda Item No. 17 Page 51 of 80 en +oJ .- c: ::> -cCO Q) en > a >< a ~ Q) '- +oJ c..coc: c.. --l Q) <(Q)O ~O ~ 00 '-co ::J a aU. .- > Q) '- 0... Agenda Item No. 17 Page 52 of 80 E-< Z o ~ ~ ~ \0 \0 N N Z o z>- o~ ~~ ~S U~ ~I>:: E-<f-< E-<< ~;;j IZlO 01>:: ~~ E-<~ ~V> V> 1Zl< f:Qt:l Og! UO ~rt ....... Po< 0< z~ ~;g :><8 0>- ~~ :>-< f:Q ~ IZl o ~ ~ .....:l ~ o Agenda Item No. 17 Page 53 of 80 P: < ~ < \0 \0 N N Z OZ ?i~ f-. <~ l:l u< ...:l <I: E-<e3 E-<O ~P: CZlf-. 0< ~~ E-<~ <~ CZlZ o::l< O~ u< f-. <0 :r: .....,~ I:) ~~ OJ <~ ~~ ocn ~5 ~ ;><> o::l~ < CZl 0 ~ < ....:l ~ 0 Agenda Item No. 17 Page 54 of 80 E-< Z o p::: J:.t... t:Q \0 \0 N N Z o z>- O~ ~~ ~~ U'" o ~~ E-<f-< E-<< ~;:; C/.l~ 0< p:::f-< E-<Z ~;:; '" C/.l< t:QO O~ UO ~g:: ......p.. ~; ~;g ~8 0>- J:.t...~ >< t:Q ~ C/.l o p::: ~ ~ ~ Cl Agenda Item No. 17 Page 55 of 80 ( E-< 6 ~ ~ U \0 \0 N N 5 z>- o~ ~~ <:~ U(J) o ..:x::P<: E-<E-< E-<~ j:.Ll(J) CJ:l~ 0<<: ~E-< E-<Z ..:x::;;; (J) CJ:l<<: P=lo o III u~ <:~ 0-,'" ~; <:;g ;><8 0> ~~ >- t=Q ..:x:: CJ:l o ~ ..:x:: .....:l j:.Ll Cl Agenda Item No. 17 Page 56 of 80 , , . Cl \0 \0 N N Z o >- ~~ ~~ uC3 <~ f-<~ f-<..-: 1:.Ll'" r.I.l~ ~~ f-<~ <~ 00"-: o::lo og; u~ <"" .....,~ f@~ <::> o :><;; ~~ >- o::l < r.I.l o ,:.::: < ....:l I:.Ll o ~ ~ No 17 Agenda Itemf . 80 Page 57 0 - I Ii II !! llill II' i I I Ib~ Ii! mil II" · I I !iti I HH~ 1111' ~li!l!il!i! IRG III , I f I iIIImiliid -BI31381313I3BI,J[31!1 I!l I!I El ~< of C\I I ilil'l ~ ~ ~ ~~ g ~~ g !llll.:.< ~ .~ ~ ~;~ ~ ~~ liqf I ljij. !~~~. .~ f ~ Q .. j C\I W I HBI I~U i< I~!U ~~ !~ ~I!:t Ii ~d II Ii! i1'l ~;:~I I~ I ~ ~ ii;m i 1~!II'IIII: "If-pill III blll.,lil I~II g L Iillit!! I hill I ~ . i I · II I.II!' ! I .. i I ftll" "~!fi!!H' Jlq'ljl H li~" ' .. ~. Ii.I!jl !iiifli~Lp'l Ii 'I' i i Pili I, - ii!!lifi i,~ ~ II! JIg I IiJI IliIiwB:i51:! III III K I lmI!i Hld CD t UU I ElI!IEl I!ll!l B 1!II!1BIilIilIilI,J[!IIi1BIiI _.' . . ~ ;- I ; i ,- -~- t=-:: .-' . 11: :,' , .- , " ... jj iAU ii I' ,[ ~ [I) I! '-. ~ in: '--i , ., , , , i B -- --...... ~ !lB' :ll [~lJ ~ I l<lt... C1) 1BI ,.,a.... I~ _m"hh-Lm.mh t HSlNVdS _ '~'II i z o ;: Q. o ~ , , ! ~~~ , "- : JlI. 9 : ~~~ ~:: III ~~~ ll,l : ~~~ : ~~~ "1 ~~~ , z < ... Q. ~ o Ii .. '" f :c: ~ ~ No. 17 Page 58 of 80 ( !PH <> < ~ tJ '" <( < 0 o <;I" .. ~ oc: Sl~ ~ j HB. ,.... .N . < .. .l;5! 1>( Q fHJJ !zo ! I 5! m J<( HSINVdS .. '<}'I! i 4 J! -----., I r-J 'I: ! ' ~. . : 4 z ~ Q. rr: o o ii ~ o () w .. ic ~. ,-, , ____.I 4 ~ J! ., , , .-, , , --1..-", ~ gen No. 17 Page 59 of 80 .- E-< Z o ~ ~ <J:: o ....... r-- N Z o z>- O~ ;:.-.U z< ~~ urn o <J::P=: E-<f-o E-<< r..Ll~ CZl~ 0< ~f-o E-<Z <~ rn CZl< t:QO OW u6 ~g; -. '" 0< Z~ ~~ ;><8 Or:; ~g; >< t:Q <J:: CZl o ~ <J:: .....:l ~ o Agenda Item No. 17 Page 60 of 80 .1- .--.. -- .:-- . .. .. . .. .. 1-< f::l -l 0:: < Ul 0:: < o ....... r--- ('.l 1-< ::r: o ii2 z OZ ><0 Z~ << U~ <(::: E-<g] E-<O p.:jP:: (/)1-< 0< ~~ E-<~ <~ (/)Z co< O~ U< <0 -.~ 00 Zg: <~ :><~ OU') ~B - ><> co~ <p., (/) o ~ < .....:l p.:j o Agenda Item No. 17 Page 61 of 80 " _. E-< 5 ~ ~ co o - r-- N ~ z~ 025 ~;S <t::!;.l U(g <t::~ E-<I-< E-<<( ~;;j Cl)0 o~ ~;S E-<Z <t::;;j ell CI)<( COt:l o~ u5 <t::g: ....., p.. 0<( z~ <t:::g ;><0 o~ ~g: >< co <t:: CI) o ~ <t:: .....:l ~ o da Item No. 17 Page 62 of 80 I" ". f-; z o ~ ~ U o ....... r- N Z o z>< O~ ~~ <~ UCIl o <~ f-;f-< f-;< ~;;j C/.l~ 0< ~f-< f-;~ <CIl CIl C/l< t:QO O~ u15 <g: ...-,p.. ~~ <[g ~8 0> ~~ >< t:Q < C/.l o ~ < ~ ~ Cl . Agenda Item No. 17 Page 63 of 80 r-< Z o ~ ~ o o ...... r- N Z . U 5~ fJ-rJ-"TJ-' ~ ~ .. ,I .A' E- ~~ ~ a::l < \/1 o ~ < ~ ~ o Agenda Item No. 17 Page 64 of 80 '_n._ ~ < a ::1:5 ~ ~,..... ~ i !HII ~ ~ ; ~ !i ~ tl~ ~ ~ ql .: d' I ~ ii ~ · i" ~ VII; I I 11111 II! i~ Iii i III hlil,. 1!fhI'11 I ~"!nYll' ~Ii i I'~ II I I I ! ~~ 1- I,! ,d H Ii II 'II r!II~p.'II' ~ ~ ii i~ ~~III · I Ih~lr. 'Ir'fnl,.:1 ill II., I,IJII ~ i ifd,lllll,l~ ; :;III,..IWIlHli1 IL&~II'~ III J - 8E18E18ElI3I3I3I3I!1 I!I I!I EI EI ElI3 Ell!] Iil 1!J1!l1il1il1il1il1il1il1il1il1il -. . '" . il .HSlNVdS _ I ~..._- . . ,; '~'I a ~ Ia : , -, , ,~~'" : ~~g :. . .. - ~~~f - . : e~~~ 1 N~~l .:. 'Ii ~~~~ I . j::~~J1 c'!!1' !11~ : I e~~., :', ~w i ! , I ~~ : ~~ : U ~ j I fJ , , ~ z < ..J Go a: o o it I- OJ a: Ii: ~ ...--.--- ----. '-- ~ --~ o . " I' , " --t~ ~" ,n '. No. 17 Page 65 of 80 ~_. . 0.. oS N I !I!U ~ ~ S ~ ~~ ~ ... gfi i III d." ~ .... " . ;;" 0 Ir~" all' <( ~ j ~,,~ ....~ (00' I~. ~lli ~ i ,t i..... .. .. "'.. '" .HI~ ,h ..;j j ~ Q .. "g . w J luJJ I~! i< . I I 'I'; I, I I~;l' I' ~ UI! IJJlq I. I, i ~ d ! I I'i I biiUllh,.~~1 i ~ ;iii i I I' I ~i 1i:!lR Ii ~II I J !; = .II I tip. ~"I'IP: 'UI "II'" . 11~1! I i I~!. !m~ Uiiii I . ,I,.'~! '; Ii PI dl ill ~B :!i~i19li!ilk~! g ~ ~ ' IG , I IS Ii I I Q' I"! . !. I:JI dill, : a: ~ - l3eJEl88E113E1(!JEI(!J (!J (!J eJ EI (!J13E11!1 Iil 1!J1!l1il1il1il1il1il1il1il1il1il -. . ... . II HstNYdS _ I ~ '<}~II i .~ 4 z .. ~ a: o o Ii o z o lil en :c -------, , """-.. J~ 4 - J~ , , .' J~ ri ;ga: , ------~ J~ : . , : 4 i ! , 's : ~. w , ~ No. 17 Page 66 of 80 E-< Z o ~ ~ < \0 o N M Z o z>- O~ .~~ <S U~ <l:<: E-<!-< E-<< j:.L1;:i CZl~ 0< ~!-< . Z E-<< <'" '" CZl< ~O O~ UO <~ o-,~ ~::; <~ ;><9 0> ~~ :>< P:l < CZl o ~ < .....:l ~ Q Agenda Item No. 17 Page 67 of 80 .- -. . -. -- E-< ~ -l . E-< :r: o iil t:>: < ~ t:>: <t: \0 o N ('f') z OZ ~~ <t:~ U~ <t:~ r-<~ r-<~ p;.:jt:>: f/JE-< 0< ~;)j E-<~ <t:;::; f/JZ III < O~ U< <t:Cl .......g: ~~ <t:~ ~~ 0<1) ~5 :><> a:l~ <t:l>.. f/J o ~ <t: ...:l ~ Cl Agenda Item No. 17 Page 68 of 80 " i E-< Z o ~ ~ co \0 o N C'<) Z o z>< O~ ~~ <e~ U'" o <et>:: E-<f-o E-<< ~;;i CZl~ 0< ~f-o E-<Z <;;i '" CZl< COO O~ U~ ;::;~ ~~ <erg ><:0 0> ~~ >-< CO < CZl o ~ <e .....:l ~ Q Agenda Item No. 17 Page 69 of 80 f-< Z o ~ ~ U \0 o N C"') Z o z>< O~ U >-<~ ~~ U~ <:~ f-<<-< f-<< f.I.1;;] CZl~ ~~ f-<~ <:~ CZl< ~O O~ UO <:g: ....,~ ~~ <:[g o ~> O~ ~". >-< ~ <: C/J o ~ <: .....:l f.I.1 Cl Agenda Item NOf. ~6 Page 70 0 E-< Z o A:: ~ Cl \0 o N M Z o Z~ Ou ~~ U'" o <~ E-<E-< E--<< r.Ll~ en~ 0< P::::E-< E--<Z <~ '" en< a:lCl O~ U~ ~~ ~~ <t;[g ><:0 0> ~~ >< a:l < en o P:::: < .....:l r.Ll Cl Agenda Item No. 17 Page 71 of 80 '. , , :;; o! C\I Pi!1 ~ I ! Ii ~ 01 'l.l :!"!: 1 ~ ~ ~:~ 8 I.. ~l!iqll lilh .i~; i ~ Q :! ~<l ~ .. I HIlI h~ iJ: . i II III 1ft ~u In 1!i!ljHi ii' g: II!! I j 'if I' . ~l ml i: ~ W I" ~IGd ill! II hliri~nluli 'I~dli Ii II ,. ~1~ml~II~~ ! II Ii - GElElEl8138E1Ill13(;) III (;) 8 8 (;)8 IllI!I III Illllllillillillillillillillillil _..' . HSlNVdS _ Ii ~ 15' '. I t '~'I ; . i ~ It IX: o o .... ... ... '" g; ... . :c I~ -.6r . , , , , 1 ~ I: ~~ f ,j I:~~ ~d i ~~ ~ ~l ''> " l . , ~ .~ ~ ~ No. 17 Page 72 of 80 ~ ~ $ ~~ ~ I ! I! II ~ ~ ~ =S2 9 '~'~I 'ltil -".- ~ ~~ ~::J 8 6.~lri'll !iii. .i~ j~ Q ~ j<l ~ ....... t J HHI h~ ill J I II !tlla I d IJD; I ttl H L I J I I. i~ l!!!d,~ ~I' h- .W! I ~. iiilll~ r .iuml HI real!!. -II I d I r I 11I1fi! " . & . ~! 'II if! I'll !hllll :'i .! 'II '136E1ElElI9ElElEl131!1 I!I (!) I!I I!II!1I!1 I!I(!) I!I 1!I1!11i11i1 iii iii iii III iii iii iii :. . '. I!i'i. ~ ~ [;g "S! .~ l ~"" , , --, ~ "I! M' : , , '1>1' ,-~ i;g --- -~ .Ii < ,... .~ . I 1< ~~ .~~ i t!l II .1 0( ... o ~ '~'il i . B 5 D- o: o o it o ~ u w '" ~ ~ ~ No. 17 Page 73 of 80 ~ o .~ ~ < r-- 00 '<:t ~ Z o z>- o~ ~~ <Ill U'" o <~ E-<f-< E-<< ~;;j CZl~ 0< ~f-< E-<~ <'" '" CZl< lJ:IO O~ U~ <p.. >-,~ ~~ <f5 ~Q 0> ~.~ >-< lJ:I <:r:: CZl o ~ < o--.l ~ Q Agenda Item No. 17 Page 74 of 80 f-< ~ ~ .....l f-< ::t:: o OJ c.:: < ~ c.:: < l"-- 00 "" ~ z OZ ><0 z~ << u~ ~E f-<~ ~c.:: r/)f-< 0< ~~ f-<g <~ r/)Z a:l< o~ u< :%~ 00 zg:; <t::~ ~~ 0(1) ~g ><> a:lg < r/) o ~ j ~ o Agenda Item No. 17 Page 75 of 80 E-< Z o ~ j:l.., a:l r- oo "'" M 5 z>< o~ ~~ <~ u~ <P<: E-<l-< E-<< ~.;.:; C/.l~ 0< ~l-< E-<~ <'" '" C/.l< a:lCl o~ uo <g: ........... < (@~ <:g ~~ o~ j:l..,.... >< a:l < C/.l o ~ < .....:l ~ Q Agenda Item No. 17 Page 76 of 80 t-< Z o ~ i:L.. U r- oo '<:t ('<) 6 .;.. 5~ ~~ <~ u~ <~ t-<~ t-<< ~'" en~ o ~~ t-<~ <~ en< 0:1t:l o~ u~ ~~ Q~ z'" <5 :><:s; o~ i:L..ll. :>< 0:1 < en ~ j ~ Q No 1? Agenda Item?? of 80 Page ~ ~ ~ Q t- oo .q- ('<") 5 5~ ~~ <1.<1 u~ -<:~ E-<~ E-< ~;;; CI)~ 0<( ~~ E-<", <", CI)<( ~~ u~ <"" '"""e;: ~~ -<:::> o ~> ~~ >< co < U) ~ < ....4 ~ Q No 17 Agenda Item f 80 Page 78 0 CITY OF ~ LAKE ,6,LSiI'iORf: ~.~ DREAM EXTREME. ACKNOWLEDGEMENT OF DRAFT CONDITIONS RE: Residential Design Review No. 2006-18, Amendment No.1 For "De La Rosa" by Centex Homes (Vesting Tract No. 32503) I hereby state that I/We acknowledge the draft Conditions of Approval for the above named project. I/We understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Director of Community Development of the City of Lake Elsinore. The decision of the Planning Commission shall be final fifteen (15) 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 (LEMC). Date: \{)/'J..I Jo"ir Applicani's Signature: CCft~~ ~J Print Name: ~e.. ~\~, "5~0J'\\ Address: \ ::lC^S <:.r:::.rt>Nl. .(lO\Me.. c...+ c:.c,c-Or-A. I C' A- q';.L'iS' 1 '\ Phone Number: ...:15\-419 -'t3D"l Agenda Item No. 17 Page 79 of 80 \." Notice of Determination City or Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 (951) 471-1419 fax (In compliance with Section 21152 of the Public Resources Code) Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 I8l County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Residential Design Review No. 2006-18, Amendment No. 1, De La Rosa, Rosetta Canyon, Vesting Tract Map. No. 32503 State Clearinghouse Number (if submitted to State Clearinghouse): N/ A Lead Agency Contact: Linda M. Miller, AICP, Project Planner Telephone No: (951) 674-3124 x 209 Project Location (include County): County of Riverside, City of Lake Elsinore. Amendment No.1 for Residential Design Review No. 2006-18 straddles Riverside Street and is west of Laister Road and east of Crumpton Street (APN's 349-610-006 thru 018, 349-611-001 thru 004, and 349-612-001 thru 022). Project Description: The applicant requests to amend a previously approved residential project known as De La Rosa by Centex Homes. The amendment consists of a proposal to replace the existing De La Rosa products with approved products currently being offered at "Fox and Jacobs at Rosetta Canyon" that are also Centex Homes products. These products will be constructed on the remaining thirty-six (36) vacant lots within the sixty (60) lot De La Rosa Vesting Tract Map No. 32503. This is to advise that the City of Lake Elsinore Planning Commission (Lead Agency) has approved the above project and has made the following determinations regarding the above described project: Residential Design Review No. 2006-18, Amendment NO.1 does not propose substantial changes to Vesting Tract Map No. 32503 for which Mitigated Negative Declaration No. 2004-09 was prepared. No new significant environmental effects or an increase in severity of previously identified significant effects are anticipated. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that would require major revisions to the Mitigated Negative Declaration. No new information of substantial importance has come forward with respect to significant effects or altemative mitigation measures that have not been addressed in the design of this project. The Planning Commission has determined that Residential Design Review No. 2006-18, Amendment No.1 is consistent with and implements Mitigated Negative Declaration No. 2004-09 for Vesting Tract Map No. 32503. Therefore, in accordance with the California Environmental Quality Act (CEQA) and pursuant to Section 15162 - Subsequent EIRs and Negative Declarations, of said Act, the Planning Commission has determined that no further environmental documentation for Residential Design Review No. 2006-18, Amendment NO.1 is necessary. According to the MSHCP Consistency Determination that was completed for Vesting Tentative Tract Map 32503 and approved by the City Council on December 14, 2004, the Vesting Map was found to be consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolutions and Section 6.0 Plan Wide Requirements of the MSHCP. This amended design review is a minor change to a design review that was reviewed in connection with the December 14, 2004 consistency determination and does not present new circumstances, impacts, or information. No new or different disturbance or activity will occur. Therefore, no further analysis is required for Residential Design Review No. 2006-18, Amendment NO.1. Tom Weiner Title: Acting Director of Community Development Agenda Item No. 17 Page 80 of 80 Signed: CITY OF ~ LAKJ: 6LSiNO~ , I ~.~ DREAM E;(TREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 25, 2008 SUBJECT: NEGATIVE DECLARATION NO. 2008-12, AMENDMENT NO.2 TO THE MURDOCK ALBERHILL RANCH SPECIFIC PLAN AND VESTING TENTATIVE TRACT MAP NO. 35773 FOR THE "MURDOCK ALBERHILL RANCH SPECIFIC PLAN AREA" LOCATED ON THE NORTH SIDE OF NICHOLS ROAD, WEST OF COLLIER AVENUE Discussion On November 4, 2008, the Planning Commission approved by unanimous vote various resolutions recommending approval for Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan and a Vesting Tentative Tract Map. The project site is located on the north side of Nichols Road, west of Collier Avenue. The Murdock Alberhill Ranch Specific Plan contains two public park sites: a Community Park site located in Planning Sub-area "L", and a Neighborhood Park site located in Planning Sub-area "K". The Neighborhood Park is currently designated as 10.8 gross acres in area, as shown in the adopted land use plan of the Specific Plan (Exhibit A). Proposed Amendment NO.2 reconfigures the park site boundaries to create a 4.8 gross acre Neighborhood Park site, as shown in the proposed Specific Plan Amendment attached hereto and identified as Planning Areas & Sub-areas, Land Use Plan and Parks & Open Space. The modification to the neighborhood park site results in a slight increase in the adjacent RSF (Residential-Single Family) planning area "J", from 73.7 acres to 81.5 acres. Notwithstanding the additional acreage made available by the change to the park, there will be no increase in the number of units allocated to this planning area. The reconfigured park site allows for a more efficient utilization of the land area within the adjacent single family residential planning area, and the ability to provide larger lot areas, a more pleasing streetscape, and reduced internal slope areas. VTTM 30836 has been modified to reflect these improvements in the overall design, yet remains in substantial conformance with the originally approved tentative map. Table 1 of the Murdock Alberhill Specific Plan Amendment No. 2 summarizes the change in park acreage as proposed. Agenda Item No. 18 Page 1 of 105 ND 2008-12, SPA 2007-03, VTTM 35773 November 25, 2008 Page 2 of 2 The applicant is also requesting approval of a Vesting Tentative Tract Map. The Map proposes seventy two (72) single family residential lots. The proposed residential lots range in size from 5,500 square feet to 16,196 square feet, with an average lot size of 8,920 square feet. Staff has determined that the Vesting Tentative Tract Map complies with the Residential Single-Family (RSF) District of the Murdock Alberhill Ranch Specific Plan, and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, Section(s) 66424 and 66427 of the California Subdivision Map Act Recommendations The Planning Commission recommends that the City Council: 1. Adopt Resolution No. 2008-_ adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-_adopting Negative Declaration No. 2008-12. 3. Adopt Resolution No. 2008-_ approving Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan. 4. Adopt Resolution No. 2008-_ approving Vesting Tentative Tract Map No. 35773. Prepared By: Kirt A. Coury, Project Planner Approved By: Robert A. Brady,nM( City Manager ILlW Attachments: 1. Vicinity Map 2. Resolution No. 2008-_ adopting Findinas of Consistencv with the Multiple Species Habitat Conservation Plan. 3. Resolution No. 2008-_ adopting Neaative Declaration No. 2008-12. 4. Final Initial Study! Negative Declaration No. 2008-12 (Enclosure). 5. Resolution No. 2008-_ approving Specific Plan Amendment No. 2007-03 6. Murdock Alberhill Ranch Specific Plan Amendment NO.2 (Enclosure) 7. Resolution No. 2008-_ approving Vestina Tentative Tract Map No. 35773 8. Vesting Tentative Tract Map No. 35773 9. City Council Conditions of Approval 10. Staff Report and Minutes for the Planning Commission, November 4, 2008 Page 2 of2 Agenda Item No. 18 Page 2 of 105 ~ b o .. .. I j, /i '" i:i ~ ~~ o Z c: u (5 ~ C- o ~ "" ~t3 ~ '" III '" u 85 <( 0 -' 0 fJl ~w ti ~! ~ 0 '" , !i: ~ 'e- ~ Q. w 3 C> b >- a I- - Z u ::l w I~ - D ;n- O h u! ~z '" ...= ~~ DU ~ Ii... - z > 10':1: ~~ i1=n 0 D 'J w~ '" . gi3"'" DZ- o)j~~ ~ ~~~ ~ i u ~ ;J [!! u ~ D o ~ ~ i wX g~ ~~ ~S s u \i ~ ~ o . Agenda Item No. 1 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 AND SUBDIVISION ARE EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Castle & Cooke Alberhill Ranch, Inc., has filed an application with the City of Lake Elsinore requesting approval of Murdock Alberhill Ranch Specific Plan Amendment NO.2 and Vesting Tentative Tract Map No. 35773, which proposes to re- configure a public park located in Planning Area 2 and subdivides 19.81 acres of land into seventy two (72) single family residential lots within the Murdock Alberhill Ranch Specific Plan (the "Project"); and WHEREAS, Section IV(D) of the City of Lake Elsinore's MSHCP Implementing Resolution expressly exempts from the MSHCP: Any project for which and to the extent that vested rights to proceed with the project notwithstanding the enactment of this Resolution exist under the common laws of the State of California, a vesting tentative map pursuant to the Subdivision Map Act, a development agreement pursuant to Government Code section 65864 et seq., or other instrument, approved or executed by the City prior to adoption of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable state and federal law. 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 25, 2008. 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 Project and its exemption from the MSHCP "Plan Wide Requirements" prior to making findings that the project is indeed exempt. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Project is exempt from the City's MSHCP Resolution. In February, 2004, the County of Riverside and Castle & Cooke/Murdock Alberhill Ranch entered into a Settlement Agreement (the "Settlement Agreement'J, which expressly exempted Agenda Item No. 18 Page 4 of 105 CITY COUNCIL RESOLUTION NO. 2008- PAGE 2 OF 4 the Developer from responsibility for any new Habitat Conservation Plan requirements. Even though the Project is exempt from the MSHCP, the Developer must comply with other state and federal laws. Consistent with federal law, the applicant had prepared a project-specific Habitat Conservation Plan and has a history of extensive coordination with the wildlife agencies. Where approved for development, the project site has already been graded, cleared, or developed in accordance with the Project HCP. Given the foregoing, no further action regarding the MSCHP is required. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. See Response #1 above. 3. The proposed project is consistent with the RiparianlRiverine Areas and Vernal Pools Guidelines. See Response #1 above. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. See Response #1 above. 5. The proposed project is consistent with the UrbanlWildlands Interface Guidelines. See Response #1 above. 6. The proposed project is consistent with the Vegetation Mapping'requirements. See Response #1 above. 7. The proposed project is consistent with the Additional Survey Needs and Procedures. See Response #1 above. 8. The proposed project is consistent with the Fuels Management Guidelines. See Response #1 above. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. Developer is exempt from payment of the City's MSHCP Local Development Mitigation Fee by virtue of the Development Agreement. 10. The proposed project is consistent with the MSHCP. See Response #1 above. SECTION 3. Based upon the evidence presented, the above findings, the attached conditions of approval, and the recommendation of the Planning Commission, Agenda Item No. 18 Page 5 of 105 CITY COUNCIL RESOLUTION NO. 2008- PAGE 3 OF 4 the City Council of the City of Lake Elsinore hereby finds and determines that the Project is exempt from the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 25th day of November 2008. DARYL HICKMAN MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE Agenda Item No. 18 Page 6 of 105 CITY COUNCIL RESOLUTION NO. 2008- PAGE40F 4 I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the Ci~ Council of the City of Lake Elsinore, California, at a regular meeting held on the 25t day of November 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 18 Page 7 of 105 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING NEGATIVE DECLARATION NO. 2008-12 FOR AMENDMENT NO.2 TO THE ALBERHILL RANCH SPECIFIC PLAN WHEREAS, Castle & Cooke Alberhill Ranch Inc., (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan and Vesting Tentative Tract Map No. 35773 (the "Project") for the re-configuration of the neighborhood park site and the subdivision of 19.81 acres of land into seventy two (72) single family residential lots (the "Property"); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code 99 21000, et seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations 99 15000, et seq.: "CEQA Guidelines") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code 9 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the project would not have potentially significant environmental impacts; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to prepare and circulate Negative Declaration No. 2008-12 for the Project (the "Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on September 2, 2008, the City duly issued a Notice of Intent to Adopt the Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines section 15073, the Negative Declaration was made available for public review and comment for twenty (20) days beginning on September 2, 2008, and ending on September 22, 2008, and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions regarding negative declarations; and WHEREAS, public notice of the Project and the Negative Declaration have 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 25, 2008. 1 Agenda Item No. 18 Page 8 of 105 CITY COUNCIL RESOLUTION 2008- PAGE 2 OF 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. SECTION 2. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Negative Declaration. Written responses to comments received on the Negative Declaration during the public comment period were prepared and circulated. The City Council hereby finds and determines that all public comments have been addressed. SECTION 3. The City Council finds and determines that the Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The City Council has reviewed and considered the information contained in the Negative Declaration and finds that the Negative Declaration represents the independent judgment of the City. SECTION 4. The City Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Negative Declaration are present and that it would be appropriate to adopt the Negative Declaration as proposed. SECTION 5. The City Council hereby makes, adopts, and incorporates the following findings regarding the Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project are less than significant. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. Pursuant to the evidence received, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented, the above findings, the conditions of approval attached to the Resolution approving Murdock Alberhill Ranch Specific Plan Amendment NO.2 and Vesting Tentative Tract Map No. 35773, and the 2 Agenda Item No. 18 Page 9 of 105 CITY COUNCIL RESOLUTION 2008- PAGE 3 OF 4 recommendation of the Planning Commission, the City Council of the City of Lake Elsinore hereby approves Negative Declaration No. 2008-12. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 25th day of November 2008. DARYL HICKMAN MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE 3 Agenda Item No. 18 Page 10 of 105 CITY COUNCIL RESOLUTION 2008- PAGE 4 OF 4 I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the Ci~ Council of the City of Lake Elsinore, California, at a regular meeting held on the 251 day of November 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK 4 Agenda Item No. 18 Page 11 of 105 FINAL INITIAL STUDY / NEGATIVE DECLARATION No. 2008-12 State Clearinghouse No. 88090517 MURDOCKALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 Lake Elsinore, California Prepared By: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Applicant: Castle and Cooke - Alberhill Ranch, Inc. 17600 Collier Avenue, Suite C120 Lake Elsinore, CA 92651 September 2008 Agenda Item No. 18 Page 12 of 105 Table of Contents TABLE OF CONTENTS SECfION 1.0 INTRODUCfION AND SUMMARy................................................. 1-1 SECflON 2.0 CORRECflONS AND ADDITIONS .................................................2-1 2.1 REVISED AND SUPPLEMENTAL TEXT ................................................2-1 SECflON 3.0 RESPONSES TO WRITTEN COMMENTS ....................................... 3-1 Tables Table 3-1. Comment Letters - Murdock Alberhill Specific Plan Amendment NO.2 Draft IS/ND (September2008) .....................................................................................3-1 Attachment Draft Initial Study/Negative Declaration No. 2008-12 for Murdock Alberhill Specific Plan Amendment No.2 Murdock Alberhill SPA NO.2 Final [SIND CityOf~~:Jjim No. 18 Page 13 of 105 1 1.0 Introduction and Summary 1.0 INTRODUCTION AND SUMMARY <I " ,I :1 il This Final Initial Study and Negative Declaration (IS/NO) has been prepared in accordance with the California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq.), the CEQA Guidelines (California Administrative Code Section 15000 et seq.), and the City of Lake Elsinore CEQA procedures. CEQA Guidelines Section 15074(b) and (d) state: "(b) Prior to approving a project, the decision making body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis." "(d) When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects." In accordance with this requirement, Murdock Alberhill Specific Plan Amendment No.2 IS/NO is comprised of the following: . Draft Initial Study and Negative Declaration, August 2008 (SCH No. 88090517) . This Final IS/NO document, September 2008, that incorporates the information required by Section 15074 (included in this document) Format of the Final IS/MND This document is organized as follows: Section 1.0 Introduction and Sununary This section describes CEQA requirements and content of this Final IS/NO. Section 2.0 Corrections and Additions This section provides a list of those revisions made to the Draft IS/NO text as a result of comments received and/or errors and omissions discovered subsequent to release of the Draft IS/NO for public review. Murdock Alberhill SPA No.2 FinallSIND 1-1 Cityo~~~ No. 18 Page 14 of 105 1.0 Introduction and Summary Section 3.0 Responses to Comment Letters Received on the Draft IS/NO This section provides copies of the comment letters received and individual responses to written comments. Murdock Alberhill SPANo. 2 Final [SIND 1-2 City of Lake Elsinore Afj61fil.da:!tem No. 18 Page 15 of 105 2.0 Corrections and Additions 2.0 CORRECTIONS AND ADDITIONS This section contains revisions to information included in the Oraft IS/NO (September 2008) based upon additional. or revised information required to prepare a response to a specific comment. Please see copies of the letters and responses in Section 3.0, Responses and Comments of this Final IS/NO, as applicable. 2.1 REVISED AND SUPPLEMENTAL TEXT Changes to the Oraft IS/NO were made either in response to comments received on the Oraft IS/NO or made to better clarily the information and analysis presented in the text. Text that has been added to the document appears in an underline format. Text that has been deleted appears with strikeout. The table below identifies the changed IS/NO page numbers in the Final IS/NO. The revised IS/NO is included following this IS/NO Introduction. None of the changes to the Oraft IS/NO were substantial in nature. The changes do not meet the requirements for recirculation of a negative declaration, as described in Section 15073.5 of the CEQA Guidelines. The changes would not be characterized as a substantial revision that identify a new, avoidable significant impact. Final MND Section Page Numbers I. Introduction 4 Findings 38 One other change to note is the removal of Vested Tentative Tract Map (VTfM) No. 35773 from the listed entitlements on page 6 of the Oraft MND, Project Description. It was not the intent of this MNO to evaluate the VTfM. It is being processed through the City separately and is anticipated to be covered under previous CEQA documentation and other planning approvals. Murdock AlberhillSPA NO.2 Final [SIND 2-1 CityOfAR~~~~ No. 18 Page 16 of 105 3.0 Responses to Written Comments 3.0 RESPONSES TO WRITTEN COMMENTS Section 3.0 contains responses to all comment letters received on the August 2008 Draft ISjMND. A total of 3 comment letters were received during the comment period, which closed September 22, 2008, as detailed in Table 3-1. Table 3-1 Comment Letters - Greenwald Avenue Commercial Center Draft ISjMND (August 2008) Number Letter Preparer Date 1 PaIa Band of Mission Indians 9/9/08 2 SobobaBandof~fiolndians 9/10/08 3 Morongo Band of Mission Indians 9/4/08 The City has prepared the following responses to all of the comment letters received. Please note that the comment letter follows the responses from the City. . Murdock AlberhilI SPA NO.2 FinallSIND 3-1 City of Lake Elsinore AgelPdaIJ.tam,lNO. 18 Page 17 of 105 3.0 Responses to Written Comments Letter 1- Pala Band of Mission Indians This letter states that the project as described is not within the boundaries of the recognized Pala Indian Reservation, and also beyond the boundaries of the Tribe's Traditional Use Area. No response is required. ' Murdock Alberhill SPA NO.2 Final [SIND 3-2 City of Lake Elsinore Ag~tem><No. 18 Page 18 of 105 PALA BAND OF MISSION INDIANS 35008 Pala Temecula Rd. PMB 50 Pala, CA 92059 Ph: (760) 891-3500 Fax: (760) 742-1411 September 4, 2008 Wendy Worthey City of Lake Elsinore Community Development Dept. 130 South Main Street Lake Elsinore, CA 92530 Re: Consultation, Notice of Availability and Notice ofIntent to Adopt a Negative Declaration for the Murdock AlberhilI Specific Plan Amendment No.2 Dear Ms. Worthey: The Pala Band of Mission Indians Tribal Historic Preservation Office has received your notification of the project referenced above. This letter constitutes our response on behalf of Robert Smith, Tribal Chairman. We have consulted our maps and determined that the project as described is not within the boundaries of the recognized Pala Indian Reservation. The project is also beyond the boundaries of the territory that the tribe considers its Traditional Use Area (TUA). Therefore, we have no objection to the continuation of project activities as currently planned and we defer to the wishes of Tribes in closer proximity to the project area. However, if the project boundaries are modified to extend beyond the currently proposed limits, we do request updated information and the opportunity to respond to your changes. We appreciate involvement with your initiative and look forward to working with you on future efforts. If you have questions or need additional information, please do not hesitate to contact me by telephone at 760-891-3591 or bye-mail at sgaughen@oalatribe.com. ~~\ Shasta C. Gaughen, MA Tribal Historic Preservation Officer Pala Band of Mission Indians Agenda Item No. 18 Page 19 of 105 3.0 Responses to Written Comments Letter 2 - Soboba Band of Luiseno Indians This letter states that the project site is outside of the Tribe's existing reservation and does not fall within the bounds of its Tribal Traditional Use Area. The letter also states that the Tribe does not see a need for Native American monitoring due to its understanding that no ground disturbance is being done at this time. The IS/NO does indicate that ground disturbance will be forthcoming as part of prior project approvals. In other words, the IS/NO explains that grading and other ground-disturbing activities would occur as part of the Murdock Alberhill Ranch Specific Plan development and that they have already been approved through prior CEQA processes. The mitigation associated with the prior CEQA processes shall be implemented as appropriate. Further, the IS/NO explains that the SPA2 is being processed ONLY to allow for a modification of the approved park site from 10.8 acres to 4.8 acres. The SPA2 is not the mechanism that provided approvals for grading or other ground disturbance. As such, no monitoring would be required to process a reduction in park size. Murdock Alberhill SPA NO.2 Final IS/ND 3-4 City of Lake Elsinore AgendaJtemd'irlo. 18 Page 20 of 105 September 10, 2008 Attn: Wendy Worthey City of Lake Elsinore 130 South Main Street Lake Elsinore, Ca 92530 '><$ff":"j !fl. '''4{. IBL..' ~~ '~,'?'_rr4 Ill~. ''\1;) '" \il!!. ~ .Ji~. , Agenda Item No. 18 Page 21 of 105 '. 3.0 Responses to Written Comments Letter 3 - Morongo Band of Mission Indians This letter offers three comments which are briefly described and responded to below: · If human remains be encountered during grading and other construction excavation, work in the immediate vicinity should cease and the County Coroner contacted. The IS/NO explains that grading and other ground-disturbing activities that would occur as part of the Murdock Alberhill Ranch Specific Plan development have already been approved through prior CEQA processes. The mitigation approved during the prior CEQA processes shall be implemented as appropriate. Further, the IS/NO explains that this SP1\2 is being processed ONLY to allow for a modification of the approved park site from 10.8 acres to 4.8 acres. The SP 1\2 is not the mechanism that provides approvals for grading or other ground disturbance. As such, no additional monitoring would be required to process a reduction in park size. . The comment addresses accidental findings of Native American cultural resources on the project site during project construction. As discussed above, the IS/NO explains that grading and other ground-disturbing activities that would occur as part of the Murdock Alberhill Ranch Specific Plan development have already been approved through prior CEQA processes. The mitigation approved during the prior CEQA processes shall be implemented as appropriate. Further, the IS/NO explains that this SPA2 is being processed ONLY to allow for a modification of the approved park site from 10.8 acres to 4.8 acres. The SP 1\2 is not the mechanism that provides approvals for grading or other ground disturbance. As such, no additional mitigation to reduce the acreage of a park site is required. . The City appreciates the acknowledgement and understanding by the Morongo Band that other Tribes may have claimed cultural affiliation to the site as well. As discussed above, no additional mitigation is required to reduce the acreage of a park site. Murdock A1berhill SPA No.2 Final [SIND 3-6 Ci9' of Lake Elsinore Ag~.No. 18 Page 22 of 105 IRi ~ rG~71\W ~(Q) (: ,"" ..... v... 'D "8 . !.. ..; ~J MORONGO BAND OF MISSION INDIANS II September 11,2008 CITY OF i-;i-\KE tc.SINORE PLANNI/'lG DIVISION Wendy Worthey, Principal Environmental Planner ". City oflake Elsinore 130 South Main Street Lake Elsinore, CA 92530 A SOYERIIGN NATION SUBJECT: Notice of Availability and Notice ofIntent to Adopt a Negative Declaration for the Murdock Alberhill Specific Plan Amendment No.2 Dear Ms. Worthey: Thank you for contacting the Morongo Band of Mission Indians regarding the above referenced project(s). The Tribe greatly appreciates the opportunity to review the project and, respectfully, offer the following comment(s): o If human remains are encountered during grading and other construction excavation, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code ~7050.5. o In the event that Native American cultural resources are discovered during project development/construction, all work in the immediate vicinity of the find shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the overall project may continue during this assessment period. o If significant Native American, cultural resources are discovered, for which a Treatment Plan must be prepared, the developer or his archaeologist shall contact the Morongo Band of Mission Indians ("Tribe,,)l. If requested by the Tribe, the developer or the project archaeologist shall, in good faith, consult on the discovery and its disposition (e.g. avoidance, prese,rvation, return of artifacts to tribe, etc.). 1 The Morongo Band of Mission Indians realizes that there may be additional tribes claiming cultural affiliation to the area; however, Morongo can only speak for itself. The Tribe has no objection if the archaeologist wishes to consult with other tribes and if the city wishes to revise the condition to recognize other tribes. 49750 IEMINOlE DRIVE . CABAZON. CA 9llJO 951-849'8807 . fAX 951-922'8146 Agenda Item No. 18 Page 23 of 105 If I may be of further assistance with regard to this matter, please do not hesitate to contact me at 951-755-5212 or FRANKLIN DANCY@MORONGO.ORG. Very truly yours, MORONGO BAND OF MISSION INDIANS ~'O:~A Franklin A. Dancy ~ ' - J Project Manager Agenda Item No. 18 Page 24 of 105 INITIAL STUDY / NEGATIVE DECLARATION No. 2008-12 State Clearinghouse No. 88090517 MURDOCKALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 Lake Elsinore, California Prepared By: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Applicant: Castle and Cooke - Alberhill Ranch, Inc. 17600 Collier Avenue, Suite C120 Lake Elsinore, CA 92651 September 2008 M1Ifli<<k AIbtrhiU Ranch Spu!/k Plan A11Itndoltnl No.2 Initial Study/Draft Negative Declaration C;';l('g~~ilmn No. 18 Page 25 of 105 TABLE OF CONTENTS I. INTR.ODUCfION ..................................................................................................3 II. PROJECf DESCRIPTION ...... .......... ........ ................. ...... ........... ............. ..... 7 III. ENVIRONMENTAL CHECKLIST ......................................................................11 A. Background.............................................................................................................11 B. Environmental Factors Potentially Affected ......................................................... 12 C. Determination ....................................................................................................... 12 IV. ENVIRONMENTAL ANALYSIS ........................................................................ 19 1. Aesthetics............................................ .......... ...... ..... ..... ...... .......................... ......... 19 II. Agriculture Resources........................................................................................... 20 III. Air Quality........ .................... .................................. ...... ...... ....... ..... ............... ........ 20 IV. Biological Resources ..............................................................................................21 V. Cultural Resources.................................................................................................22 VI. Geology and Soils...................................................................................................23 VII. Hazards and Hazardous MateRIALS ....................................................................24 VIII. Hydrology and Water Quality................................................................................26 IX. Land Use and Planning......................................................................................... 28 X. Mineral Resources ............................................................................... ..................29 XI. Noise .................................................................................................... ..................29 XII. Population and Housing ........................................................................................31 XIII. Public Services .. ................. ......... ... .......... ............................. ......... ....... ................. 31 XIV. Recreation..............................................................................................................32 XV. Transportation/Traffic .......... ..... ... ........ ....... ................ ....... ....................... ......... ..33 XVI. Utilities and Service Systems ........................................................................................... 34 V. MANDATORY FINDINGS OF SIGNIFICANCE...................................................36 VI. NEGATIVE DECLARATION ............................................................................37 FINDINGS.............................................................................................................38 LIST OF FIGURES Figure 1 Regional Location ...........................................................................................ft Figure 2 Existing Land Use Plan..........;........................................................................!l Figure 3 Proposed SPA2 Land Use Plan ......................................................................10 MJmirxk Alberhill Ran,h Specific Plan Amendment No.2 Initial Study/Draft Negative Declaration II City of Lake Elsinore A~~m No. 18 Page 26 of 105 I. INTRODUCTION A. PURPOSE This document is an Initial Study and proposed Negative Declaration (IS/NO) for evaluation of environmental impacts resulting from implementation of the proposed Murdock Alberhill Specific Plan Amendment NO.2. For purposes of this document, this Specific Plan Amendment NO.2 as described in Section II, Project Description, will be called "SPA2" or the "proposed project", and Castle and Cooke will be referred to as the "Applicant." The intent of this IS/NO is not to evaluate any part of the approved Murdock Alberhill Ranch Specific Plan but rather to address the potential environmental effects of reducing park acreage within one Planning Area of the Specific Plan. . B. CALIFORNIA ENVIRONMENTAL QUALIlY ACT REQUIREMENTS As defined by Section 15063 of the State California Environmental Quality Act (CEQA) Guidelines, an Initial Study is prepared primarily to provide the Lead Agency with information to use as the basis for deciding whether the preparation of an Environmental Impact Report (EIR) or a Negative Declaration would be appropriate for providing the necessary environmental documentation for a proposed discretionary action. The City of Lake Elsinore (City) is designated the Lead Agency, in accordance with Section 15050 of the CEQA Guidelines. The Lead Agency is the public agency that has the principal responsibility for carrying out or approving a project that may have significant effects upon the environment. Through this Initial Study, the City has determined that the project will not have a significant effect on the environment, and that even without mitigation, all impacts resulting from the proposed project will be less than significant. This determination was made based upon technical analysis, factual data, and other supporting documentation. Therefore, a Negative Declaration (NO) is being proposed. The IS/NO will be circulated for a period of 30 days for public and agency review. Comments received on the document will be considered by the City before it acts on the proposed project. This Initial Study has been prepared in conformance with the California Environmental Quality Act of 1970, as amended (Public Resources Code, Section 21000 et. seq.); Section 15070 of the State Guidelines for Implementation of the California Environmental Quality Act of 1970, as amended (California Code of Regulations, Title 14, Chapter 3, Section 15000, et. seq.); and applicable requirements of the City of Lake Elsinore C. INTENDED USES OF INITIAL STUDY/ NEGATIVE DECLARATION This Initial Study, along with the attached Negative Declaration (IS/NO) is an informational document intended to inform City decision-makers, other responsible or interested agencies, and the general public of potential environmental effects of the project. The environmental review process has been established to enable public agencies to evaluate environmental consequences and to examine and implement methods of eliminating or reducing any potentially adverse impacts. Murdock AlJxrhiU &nuh SJXctlu Plan Amtndmenl No. 2 Initial Study/Draft Negative Declaration 3 c;ty~~:{i;Wm No. 18 Page 27 of 105 D. CONfENTS OF INITIAL STUDY This IS/NO is organized to facilitate a basic understanding of the existing setting and environmental implications of the proposed project as follows: I. INTRODUCTION identifies City of Lake Elsinore contact persons involved in the process, scope of environmental review, environmental procedures, and incorporation by reference documents. II. PROJECT DESCRIPTION describes the proposed project. A description of proposed discretionary approvals and permits required for project implementation is also included. III. ENVIRONMENTAL CHECKLIST FORM presents the results of the environmental evaluation for the proposed project and those issue areas that would have either a significant impact, potentially significant impact, or no impact, IV. ENVIRONMENTAL ANALYSIS evaluates each response provided in the environmental checklist form. Each response checked is discussed and supported with sufficient data and analysis. As appropriate, each response discussion describes and identifies specific impacts anticipated with project implementation. In this section, mitigation measures would be recommended, if appropriate, to reduce adverse impacts to levels of "less than significant" where possible. V. MANDATORY FINDINGS presents Mandatory Findings of Significance in accordance with Section 15065 of the CEQA Guidelines. VI. PERSONS AND ORGANIZATIONS CONSULTED identifies those persons consulted and involved in preparation of this Initial Study. VII. REFERENCES lists bibliographical materials used in preparation of this document. VIII. NEGATIVE DECLARATION E. SCOPE OF ENVIRONMENTAL ANALYSIS For evaluation of environmental impacts, each question from the Environmental Checklist Form is stated and responses are provided according to the analysis undertaken as part of the Initial Study. All responses take into account the whole action involved, including off-site as well as on-site impacts, cumulative as well as project-level, indirect as well as direct, and construction as well as operational. Project impacts and effects will be evaluated and quantified, when appropriate. To each question, there are four possible responses, including: 1. No Impact: A "No Impact" response is adequately supported if the referenced information sources show that the impact simply does not apply to the proposed project. 2. Less Than Significant Impact: Development associated with project implementation will have the potential to impact the environment. These impacts, however, will be less than the levels of thresholds that are considered significant and no additional analysis is required. . 3. Less Than Significant With Mitigation Incorporated: This applies where incorporation of mitigation measures has reduced an effect from "Potentially Significant MlIfriock Alberhill &lm-h SpedJi.: Plan Amtndmenl No. 2 Initial Study/Draft Negative Declaration 4 City of Lake Elsinore AgeMa 1:lIem No. 18 Page 28 of 105 Impact" to a "Less Than Significant Impact;" The Lead Agency must describe the mitigation measures and explain how the measures reduce the effect to a less than significant level. 4. Potentially Significant Impact: Future implementation will have impacts that are considered significant and additional analysis and possibly an EIR are required to identify mitigation measures that could reduce these impacts to less than significant levels. F. PRIOR CEQA BACKGROUND The Applicant has requested an amendment to the Murdock Alberhill Ranch Specific Plan. The original Alberhill Ranch Specific Plan proposed by Long Beach Equities covered 3,705 dwelling units on 1,853 acres, and was adopted May 28, 1989. Since that time multiple amendments and CEQA actions have been processed through the City, including those that removed portions of the original Specific Plan and subsequently created the separate Murdock Alberhill Ranch Specific Plan (Addendum to the Alberhill Ranch Final Environmental Impact Report, certified June 1992). City staff has determined that although impacts associated with a decrease in park acreage are minor, there is no provision within the Specific Plan which allows for approval of SPA2 without additional CEQA review, nor is there an applicable CEQA exemption for this project as proposed. As such, the City determined that prior approvals under CEQA do not cover the proposed SP A2. G. EXISTING DOCUMENTS TO BE INCORPORATED BY REFERENCE CEQA Guidelines Section 15150 permits an environmental document to incorporate all or portions of other documents which are public records or are generally available to the public. Where all or part of another document is incorporated by reference, the incorporated language is considered to be set forth in full as part of the text of the environmental document; provided that it is briefly summarized where possible in the environmental document, or briefly described if the data or information cannot be summarized. The environmental document must also describe the relationship between itself and the incorporated part of the referenced documents. This ISIND incorporates by reference the documents that are summarized below. As will be seen in sections that follow, the City previously relied upon these documents in developing SPA2. For this reason, these documents are referenced herein. Copies of all incorporated documents are available to the public for inspection during regular business hours at the Planning Division of the City, which is located at: 130 South Main Street, Lake Elsinore, California 92530 The following identifies and briefly summarizes the main incorporated documents: City of Lake Elsinore General Plan City of Lake Elsinore General Plan. Lake Elsinore, California. Adopted November 27, 1990. Revised March 1995. Alberhill Ranch Specific Plan Final Environmental Impact Report 89-2 On March 28, 1989, the City certified the Final Environmental Impact Report (FEIR) for the Alberhill Ranch Specific Plan 89-2, State Clearinghouse No. 88090517. The Alberhill Ranch Specific Plan MJlninck AlbtrhiU R1lIu:h Spttific Plan Amendm~nt No. 2 Initial Study/Draft Negative Declaration 5 City..6:~di!t&n No. 18 Page 29 of 105 encompassed 1,853 acres generally bound by 1-15 on the north, Terra Cotta Road/Nichols Road on the south, El Toro Road on the east, and Lake Street on the west. Murdock Alberhill Ranch Specific Plan Addendum to the Alberhill Ranch Specific Plan 89-2 Final Environmental Impact Report Approved in June 1992, this Addendum was prepared to focus on the changes to the previously approved Alberhill Ranch Specific Plan. It was not the intent of this Addendum to identify and evaluate environmental impacts associated with the development of the portion of the Alberhill Ranch Specific Plan that was being addressed in the new and separate Murdock AlberhilJ Ranch Specific Plan. City staff had determined that a new Environmental Impact Report was not required for the Murdock Alberhill Ranch Specific Plan because the changes proposed did not have significant environmental effects different than those analyzed in the original Alberhill Rach Specific Plan FEIR. H. PERMITS AND ENITl'LEMENTS FOR PROJEcr APPROVAL MllfYitXk AlberhiU &md; Spec!frc Plan Amendment No. 2 Initial Study/Draft Negative Declaration 6 CitY. of Lake Elsinore AgEtll6ladilllm No. 18 Page 30 of 105 II. PROJECT DESCRIPTION A. PROJECf LOCATION AND SETIING The proposed project site is located in the northeastern part of the City of Lake Elsinore (City), within the boundaries of Murdock Alberhill Ranch Specific Plan (Figure 1) which encompasses approximately 511-4 acres of land; Regional access to the site is currently provided by Interstate 15 (1-15). The primary access to the site would be off of Nichols Road, between Lake Street and Collier Avenue. The Specific Plan includes three (3) Planning Areas each with various residential uses, commercial and neighborhood commercial uses, dedication of a school site, open space, public and private parks, and a variety of other infrastructure improvements (Figure 2). The maximum number of dwelling units (DU) is 1,485 at an average density of 2.9 DUjacre. Development to date has occurred primarily. within Planning Area 1, including the construction of major backbone infrastructure, a 22-acre community park, a Boys & Girls Club, and construction of over 200 new single family homes. The remaining portions of the Murdock Alberhill Ranch Specific Plan area may be graded in their entirety through prior project approval and entitlements. Surrounding land uses include undeveloped areas to the east, established conservation lands to the west and north, and existing and planned residential uses to the south. This SPA2 only applies to Planning Area 2 which specifically includes 283 DU (single-family residential), with 19.9 acres of open space, a 1.6-acre private park and a 1O.8-acre public park. B. PROJECf DESCRIPTION SP A2 proposes to modify the configuration of the public park site located at the eastern edge of Planning Area 2. With the City's approval of this request, the park site will be decreased from 10.8 acres to 4.8 acres. Modification of the park site as proposed (Figure 3) results in a 6.0 acre increase in land that will be used for residences, and will enable larger lots sizes as well as a more efficient and desirable subdivision design for Planning Area 2. . However, SPA2 does not alter the number of DUs, nor the overall density within Planning Area 2 or the Murdock Alberhill Ranch Specific Plan. This reduction in park area does not affect the City's Quimby Act parkland dedication requirements based upon the criteria of 5 acres of parkland for every 1,000 residents. Both the existing Murdock Alberhill Ranch Specific Plan and the SPA2 exceed the amount of park dedication required. Furthermore, City staff coordinated with Mr. Ray Gonzales, Director of Community Services, City of Lake Elsinore, to confirm his support of SP A2. Murtlode Alberhill Ranch Sptctfic Plan Amentimenl No. 2 Initial Study/Draft Negative Declarntion 7 C;';d;'~mi:tmn No. 18 Page 31 of 105 I ~ ~ 8J I I<l: Oz Za: C<l:o Oa:lL . -l-l g a; -l <l: OIO ~ a: ~ tt .3lHll:! ~ ...10 ~ -<l:z ~ ..-- cd ~ W ~ CO-l W Oow a: .00Cl w ::> ," a:~ "" "':::><l: ~O::::'-l '" i:i a ~~ o z b o " " t .1 ~ . . .. ~ " ;, \:;!~ 8g 00 "w ~~ ~z B~ w ~ S b o '" '" ~ li ~ ~ ~ ~ ~ W , ~ ~ ~ (/J t) ~ " b <J ~ . ~l 8~., ~a oll~= 00 .... ~I- ''-l I ;:!III <II ~'" 5~~~ ~- 0 0 0 w=l " ~ Or v '" ou_ w,", ~~~ ~~ ~j~ g~ Ow ''is IQ w;' "- . -I. ",:;I j} < Ow '" s I ~ .,; ~ ~ . u I ~ 0 0 ~ > a OS ~ u . ., a ..~ ~; co o I r-- N I CO W ~ o , ~ , ~ ~ ~ z .; o ~ ~ , ~ , ~ m cI<( alOZ _Za: Il... ~f( ~ C1)...J::J ~ OJ...J<( =>IO ~ a: "OW- @ c~W z al ~ ~ . C\I...J<(Z ~(1) W ClO...J a:.f;ow =>1i)Ow <:1 .- a: ~ 0: Uj ~j t ~ ~ ] b g 0 ~ 0 ~ '" ;i ~ ~ ~ b ~ 0 0; 0 ! - ~ ~ en u ~ s: " II ~ ~ , l~ b ~ " ~ 5~ 19! ~ lIenw a 1! 10 d il: ~ ~ ~ .. ~ en" ... o. ::l ! "S~ "'~ ~::l J; - ~ M! ~~ ~~ 8~ ..-0 >~ J; L g N , ~ ~ ~ !i1 · W ~~ ~ :>~ ~ ~: .lij ~I ro .. o .~e I "'~ " ,,~ C\I G'i~ rb ~g! ~ ~ <{ 3 Cl " Agenda tem No. !!I '" d ~I &!. . a~ !l!d .E J~I Il:i!: 1ii ci '"' I ~~ "' o 1 i! a"' ..0 ~ - ~ MI -d ~~ g,.. f:-<~ aX ...., >~ .E ~ <( Cl Agenda c as n... Q) (1) ~ ::> J: ~ "'CO<( ~ ,..zz ~ iii<(O: . .....10:1( ~ C\I ::I :J ~ -<( <(;EO n...wuf cnmo: ...JO ~ ~"'C<(z < " Q):..: en ~ w (1)0...J . a: 0 OW s ::> Q.a w l o 0 0::..: ~ _ L..:><( ~ IL n... :::!:...J ~ ~ o o o '" ~ ~ :q ~ ~ ~ ! i ~ " "- ~ ~ ~ ~ i,j :;j U f/l U s:: 0.. c:i " o o o ~ o " a z -; ~ o ~ " , ~ ~ m ~~ ~ ~~ ~ ~~ ~ ~~ .Iij ~~ co :~ o ffi~ ~_1 o iii III. ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. ProjectTitle: Murdock Alberhill Ranch Specific Plan Amendment No.2 2. Lead Agency Name and Address: City of Lake Elsinore; 130 South Main Street; Lake Elsinore, CA 92530 3. Contact Person and Phone Number: Wendy Worthey, Principal Environmental Planner, (951) 674-3124 ext. 288 4. Project Location: The proposed project site (SPA2) lies within the boundaries of Murdock Alberhill Ranch which encompasses approximately 511.4 acres of land. More specifically, the site is bound by Nichols Road to the south, and located between Lake Street and Collier Avenue. 5. Project Sponsor's Name and Address: Castle & Cooke - Alberhill Ranch, Inc. 17600 Collier Avenue, Suite C120, Lake Elsinore, CA 92539. 6. General Plan Designation: Murdock Alberhill Ranch Specific Plan. 7. Zoning: Specific Plan including single-family residential (R-SF), Open Space (OS) and Public Park (P). 8. Description of Project: Please refer to Section II Project Description above. 9. Surrounding land uses and setting: Please refer to Section II Project Description above: 10. Other public agencies whose approval is required: None. MJUdtxle AlberhiU RandJSpedfic Plan Amendment No.2 Initial Study/Draft Negative Declaration II C;tyJ!:fk5M!:~ No. 18 Page 35 of 105 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECfED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Mitigated to Below a Level of Significance," as indicated by the checklist on the following pages. All impacts identified for the project will be mitigated to below a level of significance. o Aesthetics o Biological Resources o Hazards & HazMat o Mineral Resources o Public Services o Utilities & Service Systems o Agricultural Resources 0 Air Quality o Cultural Resources 0 Geology & Soils o Hydrology & Water Quality 0 Land Use & Planning o Noise 0 Population & Housing o Recreation 0 Transportation & Traffic o Mandatory Findings of Significance c. DETERMINATION On the basis of this initial evaluation: [gJ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. o I find that although the proposed project ..could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. o I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. . o I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. o I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. nvironmental Planner 8-28-08 Date Murdock AlkrhiU Ranch Spdft( Plan Amendment No. 2 Initial Study /Dmft Negative Dedamtion 12 City of Lake Elsinore AgjilBlia:ltem No. 18 Page 36 of 105 Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? x x x x a) Convert Prime Farmland, Unique Farmland, or Fannland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? x x x a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non~ attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? x x x x e) Create objectionable odors affecting a substantial number of people? x a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in loca' or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.s. Fish and Wildlife Service? x b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? x MNniocA: AlkrhiU Ram-h Specifif Plan Amendment No. 2 Initial Study/Drnft Negative Declaration 13 CityA~~(f~1't:Wn No. 18 Page 37 of 105 Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? x x x x a) Cause a substantial adverse change in the significance of a historical resource as defined in ~15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? x x x x _4%i_ a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death inVOlving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and GeOlogy Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) landslides? b} Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or coUapse? d) Be located on expansive soil, as defined in Table 18-1.8 of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? x x x X .X X X X X Mllrrkxk AlherhiU Rantb Spetiftc Plan .Amendment No. 2 Initial Study/Draft Negative Declaration 14 . C;'Y~mttllem No. 18 Page 38 of 105 Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact aj x b} Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c} Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d} Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? x x x e} For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f} For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlandS? x x x x aJ x b} Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? x x d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? x MNTr.i()(.-k, AllxrbiU Ranch Sptcfft: Plan Amendment No. 2 Initial Study/Draft Negative Declaration 15 C;WgW~tliKn No. 18 Page 39 of 105 Issues Potentially Significant ImPact less Than Significant With Mitigation Incorporated less Than Significant Impact No Impact e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 1 OO-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map. or other flood hazard delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? x x x x x j) Inundation by seiche, tsunami, or mudflow? x a) Physically divide an established community? b) Conflict with any applicable Jand use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conselVation plan or natural community conselVation plan? x x x a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? x b) Result in the loss of availability of a locafly important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? x ,_:~R~~ a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? x b) Exposure of persons to or generation of excessive ground borne vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? x x x x MmrllKkAlberhiU Ranch Spet'ffk Plmt A1IMndment No. 2 Initial Study/Draft Negative Declaration 16 C;~~1M:f~t!mT1 No. 18 Page 40 of 105 Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? x a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? x x c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? x a) Fire protection? X b) Police protection? X c) Schools? X d) Parks? X e) Other public facilities? X a) Would the project increase the use of 'existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse phYSical effect on the environment? X X a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehide trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., fann equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? X X X X X X M~'k AlbcrbiU Honch Specific Plan Amendment No.2 Initial Study/Draft Negative Declaration 17 City o{Lake f:lsipp~__ A~ooat<<ilm No. 18 Page 41 of 105 Issues Potentially Significant Im""ct Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ilJ)lMrft€!iff,~.~;11i a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. the construction of which could cause significant environmental effects? x x x c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which. could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 'X x x f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Compty with federal, state, and local statutes and regulations related to solid waste? x x !,', a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish. or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects. and lhe effects of probable future projects.) x x c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? x Murriot:k AlkrhiU Ram:h Sptdflc Plan Amendmenl No. 2 lnitial Study/Draft Negative Declaration 18 City~~~;1min No. 18 Page 42 of 105 IV. ENVIRONMENTAL ANALYSIS This section provides an evaluation of the impact categories and questions contained in the Environmental Checklist. I. AESTHETICS a) Have a substantial adverse effect on a scenic vista? No Imuact The 1989 FEIR and the 1992 Addendum for SPAl acknowledged that the Murdock Alberhill Ranch would permanently alter the nature and appearance of the area by introducing development in a largely undeveloped area. A scenic vista generally provides the following: focal views of objects, settings, or features of visual interest; or panoramic views of large geographic areas of scenic quality, primarily from a given vantage point. A significant impact to a scenic vista would occur if the project introduced an incompatible use that would obstruct, interrupt or diminish a valued focal andf or panoramic view. SPA 2 only decreases the park acreage from 10.8 acres to 4.8 acres. Although the future residents would have less park land to view, the park is not considered a s~enic vista. As such, no impacts to scenic vistas would occur as a result ofSPA2. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? No Imuact SPA2 would not significantly damage scenic resources, including trees, rock outcroppings, and historic buildings, over those evaluated in the 1989 FEIR and 1992 Addendum for SPAl (refer to discussion for in La. above). There are no Official or Eligible State Scenic Highways or corridors within the project vicinity. Therefore, SPA2 would not damage scenic resources involving State Scenic Highways. No impacts are identified. c) Substantially degrade the existing visual character or quality of the site and its surroundings? No Imvact - SP A2 would not substantially degrade the existing visual character or quality of the site and its surrounding. Please refer to the discussion in La. and b. above. d) Create a new source of substantial light or glare, which would adversely affect day or nighttinle views in the area? No Impact Approval of the Murdock Alberhill Ranch Specific Plan (SP) was required to include lighting standards per Policy 7 of the Community Design Element of the City's General Plan. This included low lumen lighting, as well as shielding on lighting to ensure that lighting does not spill over onto adjacent lots, In addition, the project was required to incorporate architectural treatments or finishes that would not be glare-inducing. As discussed SPA2 only decreases the park acreage from 10.8 acres t04.8 acres, and this action would not result in new sources of light or glare. Aesthetics MitiJ,::ation Measures None required. MJHrinckAlherhilJ Ranrh Specffi( Plan Amendment No.2 Initial Study/Draft Negative DeclaratiOn 19 City of Lake Elsi?2~e___ 18 A~1tarTl No. Page 43 of 105 II. AGRICULTURE RESOURCES a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact The SPA2 site is not classified as Prime Farmland, Unique Farmland or Farmland of Statewide Importance by the Farmland Mapping and Monitoring Program of the California Resources Agency. Further, the SPA2 site is not under a Williamson Act contract nor would it result in the conversion of farmland to non-agricultural uses. No further analysis is warranted. SPA2 only decreases the park acreage from 10.8 acres to 4.8 acres. As such, no impacts to agricultural resources are identified for the project. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact Refer to discussion in ILa. above. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? No Impact Refer to discussion in ILa. above. Amculture Resources Miti~ation Measures None required. III. AIR QUALIlY a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact The 1989 FEIR and 1992 Addendum for SPA1 evaluated impacts related to air quality. Implementation of SP A2 only decreases park acreage from 10.8 to 4.8 acres, and does not constitute an action which would result in additional impacts over those already evaluated. SPA2 does not involve any additional grading, construction or operational activities over those evaluated in prior analysis. No further analysis is warranted. Similar to the originally approved SP, SP A2 is required to adhere to South Coast Air Quality Management District (SCAQMD) Rules; Rule No. 401 (Visible Emissions); Rule No. 403 (Fugitive Dust Control); Rule No. 1113 (Architectural Coatings); Rule No. 431.2 (Low Sulfur Fuel); and Rule No. 1186/1186.1 (Street Sweepers) during construction-related activities. In addition, implementation of SP A2 would be required to meet or exceed California Title 24 Energy Efficiency standards for interior lighting, water and space heating/cooling to the extent feasible. As such, no conflicts with the applicable air quality plan would occur nor would SPA2 result in any other impacts to air quality. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact Please refer to IILa. above. Mlird()('k AlherbiU Ranch Sptdjic Plan AmendmcnJ No.2 Initial Study/Draft Negative Declaration 20 City of Lake Elsinore ~2Item No. 18 Page 44 of 105 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? No Impact Please refer to IILa. above. The project area is designated as non-attainment for ozone, PMlO and PM2.S' However, a reduction in park acreage (with no other changes from the originally approved SP) will not result in a cumulatively considerable net increase in any criteria pollutant. No further analysis is warranted. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact Please refer to IILa. above. e) Create objectionable odors affecting a substantial number of people? No ImDact Please refer to IILa. above. As with other air quality issues discussed above, a reduction in park acreage (with no other changes from the originally approved SP) will not result in impacts related to odors. Air Ouality Mitil!:ation Measures None required. IV. BIOLOGICAL RESOURCES a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? No ImDact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres, and does not constitute an action which would result in impacts. All impacts to biological resources were evaluated in the 1989 FEIR and 1992 Addendumfor SPA!, and as a result, much of the SP area has been graded. No further analysis is warranted. A reduction in park acreage (with no other changes from the originally approved SP) will not result in impacts to any biological resource, including listed species, riparian or other sensitive natural community, wetlands, movement of species, or nursery sites. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No ImDact Please refer to IV.a. above. Mlmiod: AlbtrfJill RandJ Spetifi: Plrnt .Amel1dllKlt/ Nt}. 2 Initial Study/Draft Negative Declaration 21 G"'_a:iriin No. 18 Page 45 of 105 c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal; fiDing, hydrological interruption, or other means? No ImDact Please refer to IV.a. above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact Please refer to IV.a. above. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact Please refer to IV.a. above. Currently, the City has a palm tree preservation ordinance and the developer will be conditioned to comply with this ordinance. No palm trees will be removed regardless of the park site being 10.8 acres or 4.8 acres. As such, a reduction in park acreage (with no other changes from the originally approved SP) will not result in impacts to the palm tree preservation ordinance. o Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No ImDact SPA:! represents a new discretionary action which triggers a Consistency review under the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). Although SPA:! represents a discretionary action, the Murdock Alberhill Ranch SP is exempt from an MSHCP review pursuant to a legal settlement between the Applicant and the County of Riverside. As such, MSHCP provisions are not applicable to the proposed project,.and no impact is identified for this issue area. Biolocical Resources Mitigation Measures None required. V. CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in li1so64.S? No ImDact SPA:! involves only a decrease in park land frilm 10.8 acres to 4.8 acres and does not constitute an action which would result in impacts. Cultural resources issues were evaluated in the 1989 FEIR and 1992 Addendum for SPA1, and mitigation was incorporated to address potential impacts. As a result, much of SP area has been graded and contoured. A reduction in park acreage with no other changes from the originally approved SP will not result in impacts to any cultural resource, including changing the significance of a historical or archeological resource, paleontological resources, or human remains. No further analysis or mitigation is required. M1tf'tkxk AlkrhiU Ranch Spuific Pkm AmtndmcnJ No.2 Initial Study/Draft Negative Declaration 22 CityJli~-t;~ No. 18 Page 46 of 105 b) Cause a substantial advel"se change in the significance of an al"chaeological reSOUl"ce pUl"Suant to ~ 15064.5? No Impact Please refer to V.a. above. In addition, and because this action involves a specific plan amendment, the proposed project is subject to Senate Bill 18 compliance. On March 1, 2008, the City sent out notices to potentially interested Tribes inviting them to participate in government to government consultation regarding concerns they may have resulting from SPA2. No responses were received during the response period ending June 1, 2008. c) Directly Ol" indiJ:ectly destl"oy a unique paleontological l"eSOUl"ce Ol" site Ol" unique geologic featUl"e? No Imoact Please refer to V.a. above. d) DistUl"b any human l"emains, including. those intel"l"ed outside of fOl"mal cemetel"ies? No Imoact As discussed above, much of SP site has been graded. However, the possibility remains that human remains may be encountered during other construction activities such as fine- grading or any other activity not currently anticipated at this time. If human remains are encountered during project grading, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to the origin of the remains uncovered. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. Adherence to these regulatory requirements would ensure that there are no impacts resulting from implementation of SP A2. CultUl"al Resoul"ces Mitil!:ation Measul"es None required. VI. GEOLOGY AND SOILS a) Expose people Ol" stl"UctUl"es to potential substantial advel"Se effects, including the l"isk ofloss, injury, Ol" death involving: . i) Ruptul"e of a known earthquake fault, as delineated on the most recent Alquist-Pl"iolo Earthquake Fault Zoning map, issued by the State Geologist for the al"ea Ol" based on other substantial evidence of a known fault? Refel" to Division of Mines and Geology Special Publication 42. No Imoact The reduction in park land proposed in SPA2 would not result in exposing people or structures to any potential substantial adverse effects, including the risk of loss, injury, or death. These effects include those associated with seismic activity, ground failure, liquefaction, or landslides. All impacts related to geology were analyzed as part of prior approval processes, and a reduction in park land does not require further analysis. MNrri()(k AlherbiU Ro/lt"h Spa}if PImr Amendmtnl NfJ. 2 Initial Study/Draft Negative Declaration 23 C;'W&~mt~~fn No. 18 Page 47 of 105 ii) Strong seismic ground shaking? No Im\lact Please refer to VI.a.i. above. iii) Seismic-related ground failure, including liquefaction? No Im\lact Please refer to VI.a.i. above. iv) Landslides? No Impact Please refer to VI.a.i. above. b) Result in substantial soil erosion or the loss of topsoil? No Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres and does not constitute an action which would result in impacts. All impacts related to erosion, loss of topsoil, unstable soil, landslides, lateral spreading, subsidence, liquefaction, collapse, or expansive soils were addressed as part of prior approval processes, and as a result, much of the SP site has been graded. A reduction in park acreage (with no other changes from the originally approved SP) will not result in geologic impacts. No further analysis is required. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result .of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No ImDact Please refer to VI. b. above. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? No ImDact Please refer to VI.b. above. e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact The proposed project would not be serviced by either septic tanks or alternative wastewater disposal systems. SPA2 only involves a reduction in park land with no other changes to the original SP. No impact is identified for this issue area. Geolol!V and Soils Mitil!ation Measures None required. VII. HAZARDS AND HAZARDOUS MATERIALS a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? No Imllact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres, and does not constitute an action which would result in impacts related to hazards or hazardous materials. The proposed project would comply with existing federal and state standards in MNrdockAl1xrhiU Ranch Spedjic Plan AmendmlnJ No. 2 Initial Study/Draft Negative Declaration 24 Cily.A:~l:fiI;~ No. 18 Page 48 of 105 place for the handling, storage, transport, and use. of hazardous materials. A reduction in park acreage (with no other changes from the originally approved SP) will not result in additional impacts, and no further analysis is required. b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Imoact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres, and does not constitute an action which would result in impacts related to the reasonably foreseeable upset or accident conditions. The Spill Prevention and Control Plan (SPCP) would be implemented and would include spill response, notification, and cleanup of hazardous materials accidentally released during construction and/or operation of project facilities. Adherence to federal, state, and City reStrictions coupled with implementation of the SPCP would ensure that no impacts related to hazards or hazardous materials will occur. A reduction in park acreage with no other changes from the originally approved SP will not result in additional impacts, and no further analysis is required. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres. There are no existing or proposed schools within one-quarter mile of SPA2. As such, no impacts are identified for this issue area. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Iml;lact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres and does not constitute an action which would result in impacts. The SPA2 site has never been developed and is surrounded by areas that have largely been undeveloped. No impact is identified for this issue area and no further analysis is required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Imoact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres. There are no airports within two miles of SP A2. As such, no impacts are identified for this issue area. t) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact Please refer to VILe. above. Mmrhck A1berhill Ranch Spetijic Plan AmendmenJ Nil 2 Initial Study/Draft Negative Declaration 25 C;1y.A:~~;W&n No. 18 Page 49 of 105 g) Impair implementation. of or physically interfere. with an adopted emergency response plan or emergency evacuation plan? No Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres, and does not constitute an action which would result in environmental impacts. SPA2 will not interfere with an adopted emergency response or evacuation plan. As such, no impacts are identified for this issue area. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact SP A2 involves only a reduction in park land from 10.8 acres to 4.8 acres. This reduction alone does not constitute an action which would result in an exposure to wildfire risk as a park was already approved as part of the original SP. It should be noted that according to the West Riverside County Fire Hazard Severity Zone Map prepared by the California Department of Forestry and Fire Protection (2007) the project site is within a Very High Fire Hazard Severity Zone, which is an area characterized as having the fuels, terrain and weather conducive to wildfire. As such, a reduction in vegetation associated with the park may actually reduce fire potential. No impacts are identified for this issue area. Hazards and Hazardous Materials Mitigation Measures None required. VIII. HYDROLOGY AND WATER QUALITY a) Violate any water quality standards or waste discharge requirements? No Imuact SPA2 involves only a decrease in park land .from 10.8 acres to 4.8 acres, and does not constitute an action which would result in impacts to water quality standards or waste discharge requirements. Impacts related to water quality were not specifically addressed in prior CEQA documents. However, prior to the issuance of the grading permit for the SP, the City approved a Water Quality Management Plan (WQMP) which included site-specific information on hydrology and water quality as well as required post-construction BMPs. As a result, much of the SP site has been graded. The applicant will be required to submit a revised grading plan and WQMP to include the reduced park area. Further, compliance with NPDES regulations, including the implementation of a SWPPP, BMPs, BAT, and BCT to reduce or eliminate storm water pollution are required since the remaining area of disturbance to be graded exceeds one acre. In addition, the proposed project would comply with the City of Lake Elsinore development guidelines. No impacts to this issue area anticipated, and no further analysis is required. MNrdock AlberhiU Ranrh SpeaJic Phil Amendment No. 2 Initial Study IDmft Negative Declaration 26 CityJl:W~i~ No. 18 Page 50 of 105 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres, and does not constitute an action which would result in impacts to water quality. Impacts related to groundwater depletion and recharge were not specifically addressed in prior CEQA documents. However, no feature of SPA2would result in substantially depleting groundwater supplies or interfering with groundwater recharge. It should be noted that with the reduction in park land, there may be an increase in the amount of impervious surfaces attributable to having less open space. This would not be considered a substantial increase as it relates to the overall approved SP.. Additionally, the park site would not use groundwater supplies as it is located within the service area of the EVMWD and would be eligible for water service. Therefore, a less than significant impact is identified for this issue area. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? No Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres and does not constitute an action which would result in impacts to water quality. Impacts related to erosion/siltation were addressed as part of the 1989 FEIR and 1992 Addendum for SPAl. Part of the approval of SP Al included a commitment to conform to all requirements of the Riverside County Flood Control and Water Conservation District as well as ensure that erosion control devices were implemented. In addition, SPA! included a commitment to prepare a comprehensive erosion/sedimentation control plan, including revegetation, and to obtain regulatory permits should the project modify Temescal Creek in any way. As a result, much of the SP site has been graded. The applicant has and continues to be required to implement all applicable BMPs, BCT and BAT relating to erosion control. No impact is identified for this issue area. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of It stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? No Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres and does not constitute an action which would result in impacts to existing drainage patterns. Please refer to VIII.c. above. There has not been nor will there be flooding on- or off-site. No impact is identified for this issue area. d) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? No Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres and does not constitute an action which would result in impacts to stormwater drainage systems. SPA1 incorporated stormwater drainage systems in compliance with City requirements. Further, and throughout construction and operation, the applicant continues to be required to Mllrdock AlherhiU Ronfh SpU[Jif Pltm Amendment No. 2 Initial Study (Draft Negative Declaration 27 City.A:~~i~ No. 18 Page 51 of 105 implement a SWPPP and WQMP including all applicable BMPs, BCf and BAT. No impact is identified for this issue area. . e) Otherwise substantially degrade water quality? No Imnact Please refer to VIII.a. above. f) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres and does not constitute an action which would result in placing housing in a flood hazard area. The area that encompasses SPA2 is not located within a 100-year flood hazard area. No impact is identified for this issue area. h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? No Imnact Please refer to VIII.g. above. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Imnact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres and does not constitute an action which would result in impacts related to levee failure or flooding. SPA2 site is not located within the area susceptible to flooding should the Lake Elsinore levee fail. No impact is identified for this issue area. j) Inundation by seiche, tsunami, or mudflow? No Imvact SPA2 site is not located within the area susceptible to seiches, tsunami, or mudflow. SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres and does not constitute an action which would result in impacts related to these potential disasters. As such, no impact is identified for this issue area. HvdrololN and Water Ouality Mitie:ation Measures None required. IX. LAND USE AND PLANNING a) Physically divide an established community? No Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres and does not constitute an action which would result in dividing an established community. The area set aside for the park was part of the SPAt approval. No impact is identified for this issue area.. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Sie:nificant Impact M"rdo~:k AlkriJiU Ranch SptaJit: Plan Amendmtnl No. 2 Initial Study/Draft Negative Declaration 28 ChYA~~i~ No. 18 ~age 52 of 105 The reduction of the park area to 4.8 acres proposed in SPA2 is a 6.0-acre reduction to the 10.8 acres approved in SPAt. Because the SPA1 did not include a provision allowing for this change, this reduction in park areas would be in conflict with the Murdock Alberhill Ranch SP. The reduction in park land has been negotiated with the City and continues to be compatible with other land uses within Planning Area 2. Further, this SPA2 is consistent with the City's General Plan. With approval of the proposed SP A2, there would no longer be a conflict with the approved SP. A less than significant impact is identified for this issue area. Two regional plans that are also applicable to the project include the Riverside County Integrated Project (RCIP) in relation to TUMF and the MSHCP. The City has agreed to participate in the Traffic Uniform Mitigation Fee (TUMF) program. No additional traffic will result from a reduction on park land and $erefore, additional TUMF would not be required. As it relates to the MSHCP, please refer to IV.f. above. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Imnact Please refer to IV.f. above. Land Use and Planning Mitigation Measures None required. X. MINERAL RESOURCES a) Result in the loss of availability of a known mineraI resource that would be a value to the region and the residents of the state? No Impact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres, and does not constitute an action which would result in impacts related to mineral resources. All impacts related to mineral resources were addressed as part of prior approvals processes for the 1989 FEIR and the 1992 Addendum for SPAl. No impact is identified for this issue area. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Imnact Please refer to X.a. above. Mineral Resources Mitil!ation Measures None required. XI. NOISE a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? No Imnact Construction Noise generated by construction equipment, including trucks, graders, bulldozers, concrete Mlfffiock AUJtrbiU Ranch Speciji,. Plmt Amendment No. 2 Initial Study/Draft Negative Declaration 29 C;IyJl1I'Jd~iffigm No. 18 ~q;M~r m1g .. Page 53 of 105 mixers and portable generators can reach high levels. Grading activities typically represent one of the highest potential sources for noise impacts. Impacts related to construction noise were addressed in prior CEQA documents for this area, and as discussed previously much of the SP area has been graded. Some of the area within PA2, including the park being evaluated in this SPA2 does remain to be graded. However, this area is away from existing residences. The City's Noise Ordinance permits operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between the weekday hours of 7 a.m. and 7 p.m. Construction noise is of short-term duration and would not present any long-term impacts on the project site or the surrounding area. The reduction in park area from 10.8 acres to 4.8 acres does not constitute an action which would result in impacts related to noise. Operations Once constructed, no feature of the park's operations would result in impacts related to noise. Further, .this evaluation of a reduction in park size does not constitute an action which would result in noise impacts. As such, no impacts related to noise are identified for SPA2. b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? No ImDact Please refer to XI.a. above. Similar to noise impacts discussed above, there would be no impacts related to ground bourne vibration or noise levels. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact Please refer to XI.a. above. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact Please refer to XI.a. above. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Imoact The proposed project is not located within an airport land use plan or within two miles of a public airport or public use airport. The closest related facility to the project site is the privately owned Skylark Airport, located across the lake in the southeast part of the City. As such, there is no impact identified for this issue. t) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Imoact Please refer to XI.e. above. Noise Mitigation Measures None required. MkfriOt;k, AIberhiU ROJJl:h Sptdjic Plan Amendment No. 2 Initial Study/Draft Negative Declaration 30 C;'Y~W~i~ No. 18 Page 54 of 105 XII. POPUlATION AND HOUSING a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Imnact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres, and does not constitute an action which would result in impacts related to population and housing. All impacts related to population growth were addressed as part of prior approval processes for the 1989 FEIR and the 1992 Addendum for SPA1.' No impact is identified for this issue area. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Imnact SPA2 involves only a decrease in park land from 10.8 acres to 4.8 acres, and does not constitute an action which would result in impacts related to population and housing. SPA2 does not change the numbers of DUs or modify the densities as approved in SPAI. No impact is identified for this issue area. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Imnact Please refer to XII.b. above. Ponulation and Housinl!: Miti~ation Measures None required. XIII. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? No Imnact SPA2 involves only a reduction in park land from 10.8 acres to 4.8 acres. This reduction alone does not constitute an action which would result in an impact to public services. The need for fire services for the Murdock Alberhill Ranch SP area was addressed in the approval process for SPAI. It should also be noted that a reduction in park area would equate to a reduction in vegetation, thus the reduced park area may actually reduce fire potential. No impacts are identified for this issue area. b) Police protection? No Imnact SPA2 involves only a reduction in park land from 10.8 acres to 4.8 acres. This reduction alone does not constitute an action which would result in an impact to public services. The need for police services for the Murdock Alberhill Ranch SP area was addressed in the approval process for SP AI. No impacts are identified for this issue area M1ffrio~:k A/krbi/f Ram"b Speajk Plan AmflMmutl NI1.. 2 Initial Study/Draft Negative Declaration 31 Ci~~tn No. 18 'is'age 1)5 of 105 c) Schools? No Im{lact SPA2 involves only a reduction in park land from 10.8 acres to 4.8 acres. This reduction alone does not constitute an action which would result in an impact to public services. Impacts to school services resulting from implementation of the Murdock Alberhill Ranch SP area were addressed in the approval process for SPAl. SPA2 does not modify the number of DDs nor the allowable densities that would put pressure on school systems. No impacts are identified for this issue area. d) Parks? Less Than Silmificant ImDact Although SPA2 involves a reduction in park land, the City has indicated that there is enough park area throughout the SP area that this reduction would not substantially affect park services. This reduction in park area does not affect the City's Quimby Act parkland dedication requirements based upon the criteria of 5 acres of parkland for every 1,000 residents. Both the existing Murdock Alberhill Ranch Specific Plan and the SPA2 exceed the amount of park dedication required. Furthermore, City staff coordinated with Mr. Ray Gonzales, Director of Community Services, City of Lake Elsinore, to confirm his support of SPA2. The City may request that the applicant pay additional fees for the purpose of establishing, improving, and maintaining park land within the City. However, this is still to be determined and will be handled in the conditions of project approval. A less than significant impact is identified for this issue. e) Other public facilities? No Impact SPA2 involves only a reduCtion in park land from 10.8 acres to 4.8 acres. This reduction alone does not constitute an action which would result in an impact to public services. SPA2 does not increase population, and thus, would not have an impact on the use of the regions libraries, hospitals, or other public facilities. No impact is identified for this issue area. Public Services Mitilmtion Measures None required. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Silmificant ImDact SPA2 involves only a reduction in park land from 10.8 acres to 4.8 acres. Although SPA2 involves a reduction in park land from that approved in SPA1, the City has indicated that there is enough park area throughout the overall SP area that this reduction would not substantially affect the use recreational facilities. Further, all impacts related to population growth that could put pressure on recreational facilities were addressed as part of prior approval processes for the 1989 FEIR and the 1992 Addendum for SPA1. A less than significant impact is identified for this issue area. MurrItk'k A!berhiU &ndJ Spe_yu Plan Amendment No. 2 Initial Study/Draft Negative Declaration 32 C;" of Lake I'IsYl'!!s... N 18 Ag~M1a,_1l o. Page 56 of 105 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Im-pact. As discussed in XII.a. above, SPA2 involves only a reduction in park land from 10.8 acres to 4.8 acres. All impacts to the environment were addressed as part of prior approval processes for the 1989 FEIR and the 1992 Addendum for SPAl. As such, no impact is identified for this issue area. Recreation Mitigation Measures None required. XV. TRANSPORTATION/TRAFFIC a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? No Imnact SPA2 involves only a reduction in park land from 10.8 acres to 4.8 acres. This reduction alone does not constitute an action which would result in impacts related to traffic. Impacts to traffic associated with development ofthe Murdock Alberhill Ranch SP area were addressed in the approval process for SPA!. SPA:! does not increase the number of DUs nor the allowable densities that would put pressure on traffic circulation, volume, emergency access, safety, parking, or alternative modes of transportation. No impacts are identified for this issue area. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Imnact . Please refer to XV.a. above. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No ImJ?act SPA2 involves only a reduction in park land from 10.8 acres to 4.8 acres. No part of SPA2 will affect air traffic patterns. No impacts are identified for this issue area. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact Please refer to XV.a. above. e) Result in inadequate emergency access? No Imnact Please refer to XV.a. above. o Result in inadequate parking capacity? No ImJ?act Please refer to XV.a. above. MJmi<<k AIbn-hiU RmtdJ SpeaJi( Pion Amendment Nil 2 Initial Study/Draft Negative Declaration 33 Ci'A_rJ~ln No. 18 Page 57 of 105 g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact Please refer to XV.a. above. Transportation/Traffic Mitigation Measures None required. XVI. UTILITIES AND SERVICE SYSTEMS a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Imnact SPA2 involves only a reduction in park land from 10.8 acres to 4.8 acres. This reduction alone does not constitute an action which would result in impacts to utilities and service systems, including water and wasterwater treatment, water supplies, storm water drainage facilities, solid waste, and landfill capacity. Impacts to these systems associated with development of the Murdock Alberhill Ranch SP area were addressed in the approval process for SPAl. SPA2 does not increase the number of DUs nor the allowable densities that would put pressure on these systems. No impacts are identified for this issue area. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects. No Impact Please refer to XVI.a. above. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact Please refer to XVI.a. above. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact Please refer to XVI.a. above. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Imnact Please refer to XVI.a. above. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Imnact Please refer to XVI.a. above. MNf'litKJ: AlberbiU Rmuh SpecifU Plan Amend"mtJ No. 2 Initial Srudy/Ora.ft Negative Oecl.3r:l.tion 34 City or Lake Elsinore Agenda:lWm No. 18 Page 58 of 105 g) Comply with federal, state, and local statutes and regulations related to solid waste? No Imllact Please refer to XVI.a. above. Utilities/Services System Mitigation Measures None required. Murdock AlherhiU Ranch Speaf,. Plan Amendment No. 2 Initial Study/Draft Negative Declaration 35 Chy~~~tfil1 No. 18 Page 59 of 105 V. MANDATORY FINDINGS OF SIGNIFICANCE The following are Mandatory Findings of Significance in accordance with Section 15065 of the CEQA Guidelines. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to elin1inate a plant or aninIal community, reduce the number or restrict the range of a rare or endangered plant or animal or elin1inate important examples of the major periods of California history or prehistory? No Impact As indicated in the analyses undertaken in support of this Initial Study, the reduction in park area would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or ~liminate important examples of the major periods of California history or prehistory. As discussed in Section IV, Biological Resources, SPA2 will not result in any significant impacts to biological resources. Additionally, as discussed in Section V, Cultural Resources, SPA2will not result in any impacts to historical or archaeological resources. The Murdock Alberhill Ranch Specific Plan has already been approved, and there would be no additional impacts associated with the reduction in park area in the proposed SPA2. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) No Impact Based upon the analyses undertaken in support of this Initial Study, implementation of SPA2 will not result in impacts that are considered considerable when viewed in connection with the effects of other projects. The Murdock Alberhill Ranch Specific Plan has already been approved, and there would be no additional impacts associated with the reduction in park area in the proposed SPA2. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? No Impact Based upon the analyses undertaken in support of this Initial Study, implementation of SPA2 would not cause a substantial adverse effect on humans. The reduction in park space from 10.8 acres to 4.8 acres would not result in any increase in air emissions, hazards, water quality impacts, or flooding, nor would it affect safety, public services, or emergency access. The Murdock Alberhill Ranch Specific Plan has already been approved, and there would be no additional impacts associated with the reduction in park area in the proposed SPA2. MltftWck AlkrhifJ Ranch Spuijic Plan AmendmenJ Nil 2 Initial Study/Draft Negative Declaration 36 City of Lake Elsinore A~~ No. 18 Page 60 of 105 VI. NEGATIVE DECLARATION City of Lake Elsinore The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Public Review Period: September 2, 2008 to September 22, 2008 Project Name: Murdock Alberhill Ranch Specific Plan Amendment No.2 Project Applicant: Castle & Cooke - Alberhill Ranch, Inc. 17600 Collier Avenue, Suite C120, Lake Elsinore, CA 92539. Project Location: The proposed project site (SPA2) lies within the boundaries of Murdock Alberhill Ranch which encompasses approximately 511.4 acres ofland. More specifically, the site is bound by Nichols Road to the south, and located between Lake Street and Collier Avenue. Project Description: SPA2 proposes to modify the configuration of the public park site located at the eastern edge of Planning Area 2. With the City's approval of this request, the park site will be decreased from 10.8 acres to 4.8 acres. Modification of the park site as proposed will enable a more efficient and desirable subdivision design for Planning Area 2. SPA2 does not alter the number of DU, land uses, nor the density within Planning Area 2 or the Murdock Alberhill Ranch Specific Plan. MNrorxle A/berbill Ranch Specific Plan Amendment No. 2 Initial Study/~raft Negative Declaration 37 City or Lake Elsinore A!1JEilOOaWem No. 18 Page 61 of 105 FINDINGS This is to advise that the City of Lake Elsinore, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environmental and is proposing this Negative Declaration based upon the following findings: The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment and a NEGATIVE DEClARATION will be prepared. The Initial Study identifies potentially significant effects but: (1) Proposals made or agreed to by the applicant before this proposed Mitigated Nef\ative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. (2) There is no substantial evidence before the agency that the project may have a significant effect on the environment. (3) Mitigation measures are not required to ensure all potentially significant impacts are reduced to levels of insignificance. A NEGATIVE DEClARATION will be prepared. If adopted, the Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding are included in the attached Initial Study. The project f"Ile and all related documents are available for review at the City of Lake Elsinore, Planning Division, 130 South Main Street, Lake Elsinore (951) 674-3124. Please send all comments to the attention of Wendy Worthey. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. 8-28-08 ~~ Date of Determination Wendy Worthey, Principal Environmental Planner Mxni<<k AibtrhiU Ranch Sptdjk Pion Amendmtnl No. 2 Initial Study/Draft Negative Declaration 38 City of Lake Elsinore AgeMattem No. 18 Page 62 of 105 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO.2 TO THE MURDOCK ALBERHILL RANCH SPECIFIC PLAN WHEREAS, Castle & Cooke Alberhill Ranch, Inc., has filed an application with the City of Lake Elsinore requesting approval of Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan (the "Project"); and WHEREAS, the 511-acre Murdock Alberhill Ranch Specific Plan site is generally bounded by the 1-15 Freeway to the north, Terra Cotta Road/Nichols Road to the south, EI Toro Road/Collier Avenue to the east, and Lake Street to the west; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions regarding specific plans and any amendments thereto; 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 25, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a decision, the City Council has reviewed and analyzed Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan pursuant to the Planning and Zoning Laws (Cal. Gov. Code 99 65000 et seq.) and Chapter 17.99 of the Lake Elsinore Municipal Code ("LEMC"). SECTION 2. That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Amendment NO.2 to the Murdock Alberhill RanchSpecific Plan: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The Murdock Alberhill Ranch Specific Plan Amendment No. 2 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et sea. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. According/y, the proposed Specific Plan Amendment No. 2 complies with the objectives of the General Plan and the purpose of the planning district in which the site is located. Agenda Item No. 18 Page 63 of 105 CITY COUNCIL RESOLUTION NO. 2008- PAGE 2 OF 4 2. The proposed location shall allow the development to be well-integrated with or adequately buffered from its surroundings, whichever may be the case. The Project is appropriate to the site and surrounding developments in that implementation of the Project will result in the re-configuration of the neighborhood park site. The modified park area does not alter the number of dwelling units, land uses or density within the Specific Plan. Instead, the modification of the park site as proposed in Amendment No. 2 will enable a more efficient and desirable subdivision design for VTTM 30836, while fulfilling the requirements for a neighborhood park site pursuant to the Specific Plan. 3. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The width and type of pavement needed to carry the type and quantity of traffic generated that will result from implementation of the Murdock Alberhill Ranch Specific Plan Amendment No. 2 has been reviewed and accounted for. The City has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 4. The Specific Plan Amendment shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The Murdock Alberhill Ranch Specific Plan Amendment No. 2 identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. The Specific Plan Amendment No. 2 identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the Final Specific Plan Amendment No. 2 identifies community and neighborhood parks for common use of the residents, public schools, and open space for dedication and preservation. 5. The overall design of Specific Plan Amendment No. 2 will produce an attractive, efficient and stable development. Agenda Item No. 18 Page 64 of 105 CITY COUNCIL RESOLUTION NO. 2008- PAGE 3 OF 4 The proposed Murdock Alberhill RanchSpecific Plan Amendment No. 2 has been designed in consideration of the size and shape of the property, thereby, strengthening and enhancing the immediate areas. The Project will complement the quality of neighboring existing and future uses by creating visually-pleasing development. The Murdock Alberhill RanchSpecific Plan Amendment No. 2 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the Project or within the City, nor will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan Amendment No. 2 and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non- significance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. In accordance with CEQA Guidelines Section 15063, the City prepared an Initial Study for the Murdock Alberhill Ranch Specific Plan Amendment No. 2. The Initial Study revealed that the project would not have potentially significant environmental impacts. It was determined appropriate to prepare and circulate Negative Declaration No. 2008-12 for the Project (State Clearinghouse No. 88090517) to address the proposed park changes under Specific Plan Amendment No. 2 Negative Declaration No. 2008-12 is adequate and is prepared in accordance with the requirements of CEQA. SECTION 3. Based upon all of the evidence presented, the above findings, the attached conditions of approval, and the recommendation of the Planning Commission, the City Council of the City of Lake Elsinore hereby approves Murdock Alberhill Ranch Specific Plan Amendment NO.2. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 18 Page 65 of 105 CITY COUNCIL RESOLUTION NO. 2008- PAGE40F4 PASSED, APPROVED AND ADOPTED on this 25th day of November 2008. DARYL HICKMAN MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the Ci~ Council of the City of Lake Elsinore, California, at a regular meeting held on the 25 day of November 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 18 Page 66 of 105 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 35773 WHEREAS, Castle & Cooke Alberhill Ranch, Inc., (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Vesting Tentative Tract Map No. 35773, which subdivides 19.81 acres of land within the Murdock Alberhill Ranch Specific Plan into seventy two (72) residential lots (the "Subdivision"); and WHEREAS, the Subdivision is located within the Murdock Alberhill Ranch Specific Plan (Planning Area No.2), which is located on the north side of Nichols Road, west of Collier Avenue. Direct access to the Specific Plan area is from Nichols Road. Vesting Tentative Tract Map No. 35773 is located near the northern portion of the identified Planning Area No.2; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions pertaining to the subdivision of land; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: Agenda Item No. 18 Page 67 of 105 CITY COUNCIL RESOLUTION 2008- PAGE 2 OF 4 (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (8) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative."; and WHEREAS, Addendum NO.2 to the certified Final Environmental Impact Report, State Clearinghouse No. 88090517 (the "FEIR") for the Alberhill Ranch Specific Plan was prepared and approved by the City Council in June 1992 to provide environmental analysis and information necessary to support approval of Vesting Tentative Tract Maps 28214 and 30836; and WHEREAS, the Subdivision was contemplated by Specific Plan Amendment No. 2 and does not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR or the changes addressed in Addendum No 2; and WHEREAS, public notice of the Subdivision 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 25, 2008. 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 Subdivision prior to making a decision to approve the application. The City Council hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The City Council finds and determines that in accordance with CEQA Guidelines Section 15162, the Subdivision does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with Subdivision were contemplated by the FEIR and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Subdivision. Agenda Item No. 18 Page 68 of 105 CITY COUNCIL RESOLUTION 2008- PAGE 3 OF 4 SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Vesting Tentative Tract Map No. 35773: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. Murdock Alberhill Ranch Specific Plan Amendment No. 2 designates the Subdivision site as Residential Single Family (RSF). Consistent with that designation, the Subdivision will accommodate a single-family residential project with a density of up to four (4) dwelling units per acre. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Murdock Alberhill Ranch Specific Plan Amendment No.2, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Murdock Alberhill Ranch Specific Plan Amendment NO.2. Tentative Tract Map No. 35773 is consistent with the RSF designation and applicable development and design standards. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The Subdivision is consistent with the City's General Plan, Zoning Code, and the Murdock Alberhill Ranch Specific Plan Amendment NO.2. The Subdivision will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, the attached conditions of approval, and the recommendation of the Planning Commission, the City Council of the City of Lake Elsinore hereby approves Vesting Tentative Tract Map No. 35773. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 18 Page 69 of 105 CITY COUNCIL RESOLUTION 2008- PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED on this 25th day of November 2008. DARYL HICKMAN MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the Ci~ Council of the City of Lake Elsinore, California, at a regular meeting held on the 251 day of November 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 18 Page 70 of 105 ~~~ l~ ml: m~ q, ~~ ' ," 0 " I I , i" I \ ll~ ~ . " l Q 'j' I II il~ ~ l ~ ~] ~ l>! . h I, n I > . I! :n~ " ! Ii' . ",JPS ~ ~l ! l:jl) 'I 1.1 3 ~ ~ 'l~~~ n!11 II I Ii I! l' II'! :.I!II'!!'I'j"1 'I'l'!'! .. :ll"liliiMI i i I . I ! ~ i I 'I' I I II,! i ~ i ~ :~~ ~~i[ i. ,i"'i'l 'il. Illl/llI 'l'~ \,1 hli;lii;il!;iih i ~ i " " s~ ii! " I ~! ;Hn ~ ~h~ I. I! I. J ~ ~ f'r) ~~ b~ ~\S ~~ ~~ ~~ ~~ ~ :s: &1 ~. "I ~~ f ~J ;;~ <,- , \ h ." ;1 ." CONDITIONS OF APPROVAL MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 AND VESTING TENTATIVE TRACT MAP NO. 35773 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Murdock Alberhill Ranch Specific Plan Amendment No. 2 and Vesting Tentative Tract Map No. 35773, located on the north side of Nichols Road, west of Collier Avenue within the Murdock Alberhill Ranch Specific Plan (Planning Area 2), project attached hereto. PLANNING DIVISION MURDOCK ALBERHILlL RANCH SPECIFIC PLAN AMENDMENT NO.2 2. The Draft Murdock Alberhill Ranch Specific Plan Amendment No. 2 shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council. A Final Murdock Alberhill Ranch Specific Plan Amendment NO.2 document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the Murdock Alberhill Ranch Plan Amendment No. 2 document and any required revisions are administratively approved by the Community Development Director or designee. 3. Future development shall comply with those standards and guidelines of the Elements contained in the Murdock Alberhill Ranch Specific Plan document. 4. Those issues, standards, guidelines, etc. not addressed in the Murdock Alberhill Ranch Specific Plan Amendment NO.2 will revert to the City Municipal Code and/or Zoning Code in effect at the time the associated Vesting Tentative Tract Map is approved. VESTING TENTATIVE TRACT MAP NO. 35773 5. Vesting Tentative Tract Map No. 35773 will expire two years from date of approval 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 in accordance with the Subdivision Map Act. 6. Vesting Tentative Tract Map No. 35773 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Murdock Alberhill Ranch Specific Plan document and the Lake Elsinore Municipal Code (LEMC) in effect on the date of approval of VTTM 35773, unless modified by approved Conditions of Approval. 7. The applicant shall participate in the City of Lake Elsinore Citywide Lighting and Landscape and Street Maintenance District, as appropriate. Agenda Item No. 18 Page 72 of 105 CONDITIONS OF APPROVAL PAGE 2 OF 6 MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 8. The applicant shall provide all project-related onsite and offsite improvements as described in the Murdock Alberhill Ranch Specific Plan document and Vesting Tentative Tract Map No. 35773. 9. The applicant shall implement those mitigation measures identified in the 1989 Final Murdock Alberhill Ranch Specific Plan EIR and the 1992 Addendum to the Final Murdock Alberhill Ranch Specific Plan EIR. 10. The applicant shall comply with all conditions of the Riverside County Fire Department. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department. PRIOR TO FINAL TRACT MAP 11. All lots shall comply with minimum standards contained in the Murdock Alberhill Ranch Specific Plan. 12.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 13. Street names within the subdivision shall be approved by the Community Development Director or Designee. 14.AII of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 15. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 16.AII future structural development associated with this map requires separate Design Review approval. 17. Design for all drainage basins proposed with Vesting Tentative Tract Map No. 35773 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain-link fencing is prohibited. PRIOR TO BUILDING PERMIT/GRADING PERMITS 18. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. Agenda Item No. 18 Page 73 of 105 CONDITIONS OF APPROVAL PAGE 3 OF 6 MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 19. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 20. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be reviewed and approved by the Fire Department and Citv's Landscape Architect for future development. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The City's Landscape Architect shall conduct a final inspection and plan check final review ensure ooml'llianoe of said program (As amended by the Planning Commission at the November 4, 2008 meeting). 21. Prior to issuance of building permit, the applicant shall submit a letter of verification (will- serve letter) to the City Engineer, for all required utility services. 22. The subject Vesting Tentative Tract Map shall create a Homeowners Association for the maintenance of common property within the subdivision, or annex into the existing Murdock Alberhill Ranch Homeowner's Association. 23. The applicant shall pay applicable fees and obtain proper clearance from the appropriate School District prior to issuance of building permits. 24. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 25. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 26.A bond is required guaranteeing the removal of all trailers used during construction. 27.AIl signage shall be subject to Planning Division review and approval prior to installation. 28. 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 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. Agenda Item No. 18 Page 74 of 105 CONDITIONS OF APPROVAL PAGE 4 OF 6 MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 29. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 30. The 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 (Le., 7:00 A.M. - 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be installed prior to the issuance of a grading permit. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 31. Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and/or HOA. ENGINEERING DIVISION 32. Maximum cul-de-sac length is 660 feet, however, "0" and "P" Streets can be lenathened to +/- 870 feet as shown on VTTM 35773. upon approval of a Fuel Modification Plan bv the. Riverside County Fire Department (As amended by the Planning Commission at the November 4, 2008 meeting). 33. Roadway width of Street "0" and Street "P" shall be 40-feet of pavement on 54-feet of right- of-way, per Section 5.9.6 and 5.9.7 of the Murdock Alberhill Ranch Specific Plan. ~ Street is revised to cORferm to UIO 609 ~oot maximuFR length fur a cui de sac, the road'....ay width is allowed to be reduced to the City staRdard fur cui ele sacs (As amended by the Planning Commission at the November 4, 2008 meeting). 34.AII cut slopes shall be at a rate of 2: 1 unless otherwise approved by the City Engineer. 35. Provide Drainage Easements and overland release of water that is conveyed through a private lots. 36. Provide access and access easement to lot "C" for maintenance. 37. The applicant shall install permanent bench marks per Riverside County Standards and on the centerline of "P" Street at the intersection of "0" Street and at the easterly knuckle of "N" Street. 38. Curb inlets shall be sized to capture storm flowing along a 10% grade. 39. Provide details of all basins shown at the top of the slopes including an emergency, overland path to convey the drainage. Agenda Item No. 18 Page 75 of 105 CONDITIONS OF APPROVAL PAGE 5 OF 6 MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 40.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. If either of these criteria are exceeded, drainage facilities shall be designed and constructed. 41. All drainage improvements shall be constructed to City of Lake Elsinore Standards. Where the City Standard does not exist, the facility shall meet Riverside County Standards. Facilities larger than 36-inches in diameter shall be constructed to Riverside County Standards. 42.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 y," x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 43. Slope maintenance along right-of-ways and open spaces shall be maintained by a property owner's association or other maintenance mechanism approved by the City. 44.AII 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. 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.AII 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. 47. Dedicate full width right-of-way and construct full width street improvements for "P" Street, "0" Street, and "N" Streets. The improvements include ac pavement, curb and gutter, sidewalk, street lighting, and signing and striping. Adequate ac transition beyond project limits shall be provided. In addition, adequate drainage protection shall be provided at the end of the transition area. 48. 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 No. 18 Page 76 of 105 CONDITIONS OF APPROVAL PAGE 6 OF 6 MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 49.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 specifv 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. 50.AII public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 51.AII required easements, dedications, or vacation as conditions of this development shall be completed and recorded. 52. Water and sewer improvements shall be completed in accordance with Water District requirements. 53. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities, outside the public right-of-way. All documents in support of this requirement shall be recorded with the County Recorder's office. ADMINISTRATIVE SERVICES DEPARTMENT 54. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No. 1 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 danderson@harris-assoc.com. COMMUNITY SERVICES DEPARTMENT 55. The Developer shall pay all applicable park fees pursuant to the Murdock Alberhill Ranch Development Agreement. 56. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 57. The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. Agenda Item No. 18 Page 77 of 105 CITY OF ~ LAKE 6LSiNO~ , , ~.:'"' DREAM E;(TREMEw CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 4, 2008 AMENDMENT NO. 2 TO MURDOCK ALBERHILL RANCH SPECIFIC PLAN, AND VESTING TENTATIVE TRACT MAP NO. 35773 PROJECT APPLICANT: OWNER: KEN CRAWFORD, KWC ENGINEERS, 1880 COMPTON AVENUE, STE. 100, CORONA, CA 92881 CASTLE & COOKE ALBERHILL RANCH INC., 17600 COLLIER AVENUE, SUITE C 120, LAKE ELSINORE, CA 92539 Proiect Reauest The request before the Planning Commission is for the following discretionary applications: . Neaative Declaration No. 2008-12. Approval of Negative Declaration No. 2008-12 for Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan to allow for the re- configuration of the neighborhood park site based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070. . Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan. Approval of Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan to allow for the re- configuration of the neighborhood park site located at the eastern edge of the specific plan, in Sub-area uK" Specific Plan. . Vestinq Tentative Tract Map No. 35773. Approval of Vesting Tentative Tract Map No. 35773 for the subdivision of 19.81 acres of land into seventy two (72) single family residential lots pursuant to Murdock Alberhill Ranch Specific Plan Amendment Agenda Item No. 18 Page 78 of 105 PLANNING COMMISSION STAFF REPORT MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 NOVEMBER 4, 2008 No.2, Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and Section(s) 66424 and 66427 of the California Subdivision Map Act. Proiect Location The project area is located on the north side of Nichols Road, west of Collier Avenue, within the Murdock Alberhill Ranch Specific Plan. Environmental SettinQ Project Murdock Alberhill Ranch Specific Plan Site S ecific Plan North Vacant Riverside County Riverside County Rural o en S ace South Nichols Road Nichols Road NicholsRoad East Vacant Riverside County Riverside County Rural o en S ace West Vacant Riverside County Riverside County Rural Open Space Backaround The Murdock Alberhill Ranch Specific Plan encompasses 511.4 acres in the City and was originally adopted by the City Council in June, 1992. The Specific Plan consists of a mix of single-family and multi-family residential housing, and a commercial site with a multi-family residential overlay zone, resulting in a maximum of 1,819 dwelling units for the property. The Specific Plan also provides for an elementary school site, two public park sites, six private parks, and open space areas. The specific plan area incorporates three separate properties (or Planning Areas) generally located adjacent to Lake Street and Nichols Road, as shown in the attached exhibits. In January 2004, two Vesting Tentative Tract Maps (VTTM) were approved for the Specific Plan property: VTTM 28214 for Planning Area 1 and VTTM 30836 for Planning Area 2. Development of the property to date has primarily occurred in Planning Area 1, including the construction of infrastructure, the 22-acre Community Park, a Boys & Girls Club center, dedication of an Elementary School site, and the construction of over 200 new single-family homes. A previous Specific Plan Amendment (Amendment No.1) was approved by the City for the property in December 2005. The amendment made various adjustments to the boundaries and densities within the Planning Sub-Areas, and relocated the elementary Agenda Item No. 18 Page 79 of 105 PLANNING COMMISSION STAFF REPORT MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 NOVEMBER 4, 2008 school site per the school district's request. The total number of units within the Specific Plan and the overall residential density did not change as a result of Amendment No.1. The adopted Land Use Plan for the Murdock Alberhill Ranch Specific Plan is shown in the attached Exhibit 'A'. The currently proposed Specific Plan Amendment No. 2 seeks to modify the configuration of the neighborhood park site located at the eastern edge of the specific plan, in Sub-area "K". Amendment NO.2 does not alter the number of dwelling units, land uses or density within the Specific Plan. Instead, the modified park site proposed by Amendment No. 2 will enable a more efficient and desirable subdivision design for VTTM 30836, while fulfilling the requirements for a neighborhood park site pursuant to the Specific Plan. Proiect Descriptions Amendment No.2 to the Alberhill Ranch Specific Plan The Murdock Alberhill Ranch Specific Plan contains two public park sites: a Community Park site located in Planning Sub-area "L", and a Neighborhood Park site located in Planning Sub-area "K". The Neighborhood Park is currently designated as 10.8 gross acres in area, as shown in the adopted land use plan of the Specific Plan (Exhibit A). Proposed Amendment NO.2 reconfigures the park site boundaries to create a 4.8 gross acre Neighborhood Park site, as shown in the proposed Specific Plan Amendment attached hereto and identified as Planning Areas & Sub-areas, Land Use Plan and Parks & Open Space. Pursuant to Section 7.3.4 (b) of the Murdock Alberhill Ranch Specific Plan, the Neighborhood Park site at this location is intended to be a passive park with trails and picnic areas, surrounded by natural open space. Access to the park site will occur off Nichols Road via a local public street to be provided in conjunction with the development of VTTM 30836. Active park areas within the specific plan are provided at the 22-acre Community Park site and in association with several private parks being developed within the neighborhoods. The modification to the neighborhood park site results in a slight increase in the adjacent RSF (Residential-Single Family) planning area "J", from 73.7 acres to 81.5 acres. Notwithstanding the additional acreage made available by the change to the park, there will be no increase in the number of units allocated to this planning area. The reconfigured park site allows for a more efficient utilization of the land area within the adjacent single family residential planning area, and the ability to provide larger lot areas, a more pleasing streetscape, and reduced internal slope areas. VTTM 30836 has been modified to reflect these improvements in the overall design, yet remains in substantial conformance with the originally approved tentative map. Table 1 below summarizes the change in park acreage as proposed in Amendment NO.2. Agenda Item No. 18 Page 80 of 105 PLANNING COMMISSION STAFF REPORT MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 NOVEMBER 4, 2008 Communit Park Onsite Neighborhood Park Subtotal Public Parks: + Private Parks TOTAL: 10.8 33.2 ac. 7.1 40.3 ac. 4.8 27.2 7.1 34.3 The proposed Amendment satisfies the City's Quimby Act parkland dedication requirements, as outlined in Table 2 below. The City's park dedication formula is based upon a criterion of 5 acres of parkland for every 1,000 residents. The average number of persons per dwelling unit for the Murdock Alberhill Ranch Specific Plan area is set forth in Section 7.3 of the Specific Plan. Both the existing Specific Plan and the proposed Amendment No. 2 exceed the amount of park dedication required (as presented on pages 82 and 83 of Exhibit 'A') As shown in Table 2, dedication of the Community Park site has satisfied 22.4 of the 25.71 acres required under the Quimby Act. An additional 3.31 acres is required for dedication as part of the Neighborhood Park. The proposed Amendment No. 2 meets this requirement by providing 4.8 acres within the Specific Plan boundaries (sub-area K). ~~~~t~' ~ti:~':.~vl(le(l:j9.i.q~ . t'(:if;{t;.",.,.f:~~;'~c'"'' ~':;;';ii;;>, , 1.485 du 22.04 ac. 33.2 ac. 27.2 ac. 22.4 ac Communi Park 1,819 du (with MF Overlay o tion 25.71 ac. 33.2 ac 27.2 ac. 22.4 ac Communi Park TOTAL: 25.71 ac. 33.2 ac. 27.2 ac. 22.4 ac. Agenda Item No. 18 Page 81 of 105 PLANNING COMMISSION STAFF REPORT MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 NOVEMBER 4, 2008 Vesting Tentative Tract Map No. 35773 The Vesting Tentative Tract Map proposes seventy two (72) single family residential lots. The proposed residential lots range in size from 5,500 square feet to 16,196 square feet, with an average lot size of 8,920 square feet. Staff has determined that the Vesting Tentative Tract Map complies the Residential Single-Family (RSF) District of the Murdock Alberhill Ranch Specific Plan, and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, Section(s) 66424 and 66427 of the California Subdivision Map Act. The proposed subdivision is located within, and regulated by, the Murdock Alberhill Ranch Specific Plan. The Specific Plan intends for those uses proposed with the Vesting Tentative Tract Map, including detached single-family residential development and open space areas, to be constructed within the identified Planning Area location. The proposed Vesting Tentative Tract Map does not conflict with the intended land uses and their respective locations, nor does the map conflict with the standards, objectives, and guidelines contained in the Murdock Alberhill Ranch Specific Plan. Since the applicant is only considering subdivision of the project site, architectural and/or building plans for future residences, plotting plans, preliminary wall and fence plans, etc, are not proposed at this time. These issues will be addressed when the applicant submits for Design Review approval in the future. Analvsis Amendment No.2 to the Alberhill Ranch Specific Plan City Planning and Engineering staffs have reviewed the Specific Plan Amendment NO.2 document and have no concerns regarding the requested re-configuration of the neighborhood park site. The modified park area does not alter the number of dwelling units, land uses or density within the Specific Plan. The modification of the park site as proposed in Amendment No. 2 will enable a more efficient and desirable subdivision design for VTTM 30836, while still fulfilling the requirements for a neighborhood park site pursuant to the Specific Plan. Vesting Tentative Tract Map No. 35773 City Planning and Engineering staffs have reviewed the proposed Vesting Tentative Tract Map and have no concerns, if required conditions of approval are satisfied. The proposed Vesting Tentative Tract Map is consistent with development standards contained in the Murdock Alberhill Ranch Specific Plan Amendment NO.2 document in terms of lot size, street widths, and other Planning and Engineering standards and requirements. The Vesting Tentative Tract Map area is located within Planning Area No.2, which has an underlying zoning of Residential Single Family (RSF). The Agenda Item No. 18 Page 82 of 105 PLANNING COMMISSION STAFF REPORT MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 NOVEMBER 4, 2008 proposed project is consistent with the RSF designation. The Vesting Tentative Tract Map is consistent with Sections 66424 and 66427 of the California Subdivision Map Act, and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code. Environmental Determination Amendment No.2 to the Alberhill Ranch Specific Plan The proposed Mitigated Negative Declaration No. 2008-12 has been prepared pursuant to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA). Based on staff's evaluation, the proposed project will not result in any significant effect on the environment. Further, pursuant to Section 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA), the Negative Declaration was submitted to the State Clearinghouse on September 2, 2008 for twenty (20) day review period. Vesting Tentative Tract Map No. 35773 Environmental clearance for the requested Vesting Tentative Tract Map is provided by Addendum NO.2 to the Final Murdock Alberhill Ranch Specific Plan EIR. Recommendations a. Adopt a resolution recommending the City Council adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan, and b. Adopt a resolution recommending the City Council approve Negative Declaration No. 2008-12, and c. Adopt a resolution recommending City Council approval of Murdock Alberhill Ranch Specific Plan Amendment No.2, and d. Adopt a resolution recommending City Council approval of Vesting Tentative Tract Map No. 35773 for based on the Findings, Exhibits, and proposed Conditions of Approval Prepared by: Kirt A. Coury, Project Planner Approved by: Tom Weiner, Acting Director of Community Development Agenda Item No. 18 Page 83 of 105 PLANNING COMMISSION STAFF REPORT MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 NOVEMBER 4, 2008 Attachments 1. Vicinity Map 2. Planning Commission Resolutions 3. Conditions of Approval 4. Exhibits: 'A': Alberhill Ranch Specific Plan Amendment NO.2 'B': Vesting Tentative Tract Map No. 35773 (reduction) 'C': Negative Declaration No. 2008-12 '0': Full Size Plans Agenda Item No. 18 Page 84 of 105 RESOLUTION NO. 2008-90 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF NEGATIVE DECLARATION NO. 2008-12 FOR AMENDMENT NO. 2 TO THE ALBERHILL RANCH SPECIFIC PLAN WHEREAS, Castle & Cooke Alberhill Ranch Inc., (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan and Vesting Tentative Tract Map No. 35773 (the "Project") for the re-configuration of the neighborhood park site and the subdivision of 19.81 acres of land into seventy two (72) single family residential lots (the "Property"); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code 99 21000, et seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations 99 15000, et seq.: "CEQA Guidelines") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code 9 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the project would not have potentially significant environmental impacts; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to prepare and circulate Negative Declaration No. 2008-12 for the Project (the "Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on September 2, 2008, the City duly issued a Notice of Intent to Adopt the Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines section 15073, the Negative Declaration was made available for public review and comment for twenty (20) days beginning on September 2, 2008, and ending on September 22, 2008, and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding negative declarations; and WHEREAS, public notice of the Project and the Negative Declaration have been given, and the Planning Commission has considered evidence presented by the Agenda Item No. _ Pa~gendQfItem No. 18 Page 85 of 105 PLANNING COMMISION RESOLUTION 2008-90 PAGE 2 OF 4 Community Development Department and other interested parties at a public hearing held with respect to this item on November 4, 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Negative Declaration. Written responses to comments received on the Negative Declaration during the public comment period were prepared and circulated. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby recommends to the City Council that the Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The Planning Commission has reviewed and considered the information contained in the Negative Declaration and finds that the Negative Declaration represents the independent judgment of the City. SECTION 4. The Planning Commission further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Negative Declaration are present and that it would be appropriate to adopt the Negative Declaration as proposed. SECTION 5. The Planning Commission hereby makes, adopts, and incorporates. the following findings regarding the Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project are less than significant. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. Pursuant to the evidence received, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Murdock Alberhill Ranch 2 Agenda Item No. _ Pa!Agendafl.tem No. 18 Page 86 of 105 PLANNING COMMISION RESOLUTION 2008-90 PAGE 3 OF 4 Specific Plan Amendment No. 2 and Vesting Tentative Tract Map No. 35773, the Planning Commission hereby recommends that the City Council approve Mitigated Negative Declaration No. 2008-12. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 4th day of November 2008. Axel Zanelli, Chairman City of lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development 3 Agenda Item No. _ Pa9llgeo.d9fLtem. No. 18 Page 87 of 105 PLANNING COMMISION RESOLUTION 2008-90 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 4th day of November 2008, and that the same was adopted by the following vote: AYES: Chairman Axel Zanelli, Vice-Chairman Jimmy Flores, Commissioner's John Gonzales, Phil Mendoza, and Michael O'Neal NOES: None ABSENT: None ABSTAIN: None Tom Weiner Acting Director of Community Development 4 Agenda Item No. _ Pa!Agendafltem No. 18 Page 88 of 105 RESOLUTION NO. 2008-91 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 AND SUBDIVISION ARE EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Castle & Cooke Alberhill Ranch, Inc., has filed an application with the City of Lake Elsinore requesting approval of Murdock Alberhill Ranch Specific Plan Amendment NO.2 and Vesting Tentative Tract Map No. 35773, which proposes to re- configure a public park located in Planning Area 2 and subdivides 19.81 acres of land into seventy two (72) single family residential lots within the Murdock Alberhill Ranch Specific Plan (the "Project"); and WHEREAS, Section IV(D) of the City of Lake Elsinore's MSHCP Implementing Resolution expressly exempts from the MSHCP: Any project for which and to the extent that vested rights to proceed with the project notwithstanding the enactment of this Resolution exist under the common laws of the State of California, a vesting tentative map pursuant to the Subdivision Map Act, a development agreement pursuant to Government Code section 65864 et seq., or other instrument, approved or executed by the City prior to adoption of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable state and federal law. 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 November 4, 2008. 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 and its exemption from the MSHCP "Plan Wide Requirements" prior to making findings that the project is indeed exempt. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Project is exempt from the City's MSHCP Resolution. In February, 2004, the County of Riverside and Castle & Cooke/Murdock Alberhill Ranch entered into a Settlement Agreement (the "Settlement Agreement'), which expressly exempted Agenda Item No. 18 Page 89 of 105 PLANNING COMMISSION RESOLUTION NO. 2008-91 PAGE 2 OF 4 the Developer from responsibility for any new Habitat Conservation Plan requirements. Even though the Project is exempt from the MSHCP, the Developer must comply with other state and federal laws. Consistent with federal law, the applicant had prepared a project-specific Habitat Conservation Plan and has a history of extensive coordination with the wildlife agencies. Where approved for development, the project site has already been graded, cleared, or developed in accordance with the Project HCP. Given the foregoing, no further action regarding the MSCHP is required. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. See Response #1 above. 3. The proposed project is consistent with the RiparianlRiverine Areas and Vernal Pools Guidelines. See Response #1 above. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. See Response #1 above. 5. The proposed project is consistent with the UrbanlWildlands Interface Guidelines. See Response #1 above. 6. The proposed project is consistent with the Vegetation Mapping requirements. See Response #1 above. 7. The proposed project is consistent with the Additional Survey Needs and Procedures. See Response #1 above. 8. The proposed project is consistent with the Fuels Management Guidelines. See Response #1 above. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. Developer is exempt from payment of the City's MSHCP Local Development Mitigation Fee by virtue of the Development Agreement. 10. The proposed project is consistent with the MSHCP. See Response #1 above. Agenda Item No. 18 Page 90 of 105 PLANNING COMMISSION RESOLUTION NO. 2008-91 PAGE 3 OF 4 SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council find that the Project is exempt from the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 4th day of November 2008. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 18 Page 91 of 105 PLANNING COMMISSION RESOLUTION NO. 2008-91 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 4th day of November 2008, and that the same was adopted by the following vote: NOES: ABSENT: ABSTAIN: Chairman O'Neal, Vice Chairman Jimmy Flores, Commissioner's John Gonzales, Phil Mendoza, and Michael O'Neal None None None AYES: Tom Weiner Acting Director of Community Development Agenda Item No. 18 Page 92 of 105 RESOLUTION NO. 2008-92 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 AMENDMENT NO. 2 TO THE MURDOCK ALBERHILL RANCH SPECIFIC PLAN WHEREAS, Castle & Cooke Alberhill Ranch, Inc., has filed an application with the City of Lake Elsinore requesting approval of Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan (the "Project"); and WHEREAS, the 511-acre Murdock Alberhill Ranch Specific Plan site is generally bounded by the 1-15 Freeway to the north, Terra Cotta RoadlNichols Road to the south, EI Toro RoadlCollier Avenue to the east, and Lake Street to the west; 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 approval of specific plans and any amendments thereto; 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 November 4, 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan pursuant to the Planning and Zoning Laws (Cal. Gov. Code SS 65000 et seq.) and Chapter 17.99 of the Lake Elsinore Municipal Code ("LEMC"). SECTION 2. That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Amendment NO.2 to the Murdock Alberhill RanchSpecific Plan: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The Murdock Alberhill Ranch Specific Plan Amendment No. 2 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et sea. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan Amendment No. 2 complies with the objectives of the General Plan and the purpose of the planning district in which the site is located. Agenda Item No. 18 Page 93 of 105 PLANNING COMMISSION RESOLUTION NO. 2008-92 PAGE 2 OF 5 2. The proposed location shall allow the development to be well-integrated with or adequately buffered from its surroundings, whichever may be the case. The Project is appropriate to the site and surrounding developments in that implementation of the Project wifl result in the re-configuration of the neighborhood park site. The modified park area does not alter the number of dwelling units, land uses or density within the Specific Plan. Instead, the modification of the park site as proposed in Amendment No. 2 wifl enable a more efficient and desirable subdivision design for VTTM 30836, while fulfilling the requirements for a neighborhood park site pursuant to the Specific Plan. 3. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The width and type of pavement needed to carry the type and quantity of traffic generated that wifl result from implementation of the Murdock Alberhill Ranch Specific Plan Amendment No. 2 has been reviewed and accounted for. The City has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 4. The Specific Plan Amendment shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The Murdock Alberhill Ranch Specific Plan Amendment No. 2 identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. The Specific Plan Amendment No. 2 identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the Final Specific Plan Amendment No. 2 identifies community and neighborhood parks for common use of the residents, public schools, and open space for dedication and preservation. 5. The overall design of Specific Plan Amendment No. 2 will produce an attractive, efficient and stable development. Agenda Item No. 18 Page 94 of 105 PLANNING COMMISSION RESOLUTION NO. 2008-92 PAGE 3 OF 5 The proposed Murdock Alberhill RanchSpecific Plan Amendment No. 2 has been designed in consideration of the size and shape of the property, thereby, strengthening and enhancing the immediate areas. The Project will complement the quality of neighboring existing and future uses by creating visually-pleasing development. The Murdock Alberhill RanchSpecific Plan Amendment No. 2 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the Project or within the City, nor will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan Amendment No. 2 and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non- significance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. In accordance with CEQA Guidelines Section 15063, the City prepared an Initial Study for the Murdock Alberhill Ranch Specific Plan Amendment No. 2. The Initial Study revealed that the project would not have potentially significant environmental impacts. It was determined appropriate to prepare and circulate Negative Declaration No. 2008-12 for the Project (State Clearinghouse .No. 88090517) to address the proposed park changes under Specific Plan Amendment No. 2 Negative Declaration No. 2008-12 is adequate and is prepared in accordance with the requirements of CEQA. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves Murdock Alberhill Ranch Specific Plan Amendment No.2. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 18 Page 95 of 105 PLANNING COMMISSION RESOLUTION NO. 2008-92 PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED on this 4th day of November 2008. Axel Zanelli. Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 18 Page 96 of 105 PLANNING COMMISSION RESOLUTION NO. 2008-92 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- 92 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 4th day of November 2008, and that the same was adopted by the following vote: NOES: ABSENT: ABSTAIN: Chairman Axel Zanelli, Vice Chairman John Gonzales, Commissioner's John Gonzales, Phil Mendoza, and Michael O'Neal None None None AYES: Tom Weiner Acting Director of Community Development Agenda Item No. 18 Page 97 of 105 RESOLUTION NO. 2008-93 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 35773 WHEREAS, Castle & Cooke Alberhill Ranch, Inc., (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Vesting Tentative Tract Map No.. 35773, which subdivides 19.81 acres of land within the Murdock Alberhill Ranch Specific Plan into seventy two (72) residential lots (the "Subdivision"); and WHEREAS, the Subdivision is located within the Murdock Alberhill Ranch Specific Plan (Planning Area No.2), which is located on the north side of Nichols Road, west of Collier Avenue. Direct access to the Specific Plan area is from Nichols Road. Vesting Tentative Tract Map No. 35773 is located near the northern portion of the identified Planning Area No.2; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: Agenda Item No. 18 Page 98 of 105 PLANNING COMMISSION RESOLUTION 2008-93 PAGE 2 OF 5 (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (8) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative."; and WHEREAS, Addendum No.2 to the certified Final Environmental Impact Report, State Clearinghouse No. 88090517 (the "FEIR") for the Alberhill Ranch Specific Plan was prepared and approved by the City Council in June 1992 to provide environmental analysis and information necessary to support approval of Vesting Tentative Tract Maps 28214 and 30836; and WHEREAS, the Subdivision was contemplated by Specific Plan Amendment No. 2 and does not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR or the changes addressed in Addendum No 2; and WHEREAS, public notice of the Subdivision 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 November 4, 2008. 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 Subdivision prior to making a decision to recommend that the City Council approve the application. The Planning Commission hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15162, the Subdivision does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with Subdivision were contemplated by the FEIR and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Subdivision. Agenda Item No. 18 Page 99 of 105 PLANNING COMMISSION RESOLUTION 2008-93 PAGE 3 OF 5 SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Vesting Tentative Tract Map No. 35773: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. Murdock Alberhill Ranch Specific Plan Amendment No. 2 designates the Subdivision site as Residential Single Family (RSF). Consistent with that designation, the Subdivision will accommodate a single-family residential project with a density of up to four (4) dwelling units per acre. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Murdock Alberhill Ranch Specific Plan Amendment No.2, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Murdock Alberhill Ranch Specific Plan Amendment NO.2. Tentative Tract Map No. 35773 is consistent with the RSF designation and applicable development and design standards. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The Subdivision is consistent with the City's General Plan, Zoning Code, and the Murdock Alberhill Ranch Specific Plan Amendment NO.2. The Subdivision will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the subdivision, the Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map No. 35773. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 18 Page 100 of 105 PLANNING COMMISSION RESOLUTION 2008-93 PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED on this 4th day of November 2008. Axel Zane"i, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 18 Page 101 of 105 PLANNING COMMISSION RESOLUTION 2008-93 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-93 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 4th day of November 2008, and that the same was adopted by the following vote: AYES: Chairman Axel Zanelli, Vice-Chairman Jimmy Flores, Commissioner's John Gonzales, Phil Mendoza, and Michael O'Neal NOES: None ABSENT: None ABSTAIN: None Tom Weiner Acting Director of Community Development Agenda Item No. 18 Page 102 of 105 Chairman Zanelli opened the Public Hearin NOES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES OMMISSIONER GONZALES C ISSIONER MENDOZA COM lONER O'NEAL NONE NONE 5. Amendment No.2 to Murdock Alberhill Ranch S Tract MaD No. 35773. Chairman Zanelli read modified Con Condition No. 35: Street can be I upon appro va e Commission approval of the project and Hable to answer any questions that the Commission Tom that we the Comm ted he's in agreement with the revised Conditions He thanked staff for their work on getting this before Chairman Zan ed the Public Hearing at 6:54 p.m. Commissioner 0 Neal wished the applicant good luck with the project. Commissioner Gonzales asked if the applicant signed the acknowledgement to the Conditions of Approval. Chairman Zanelli pointed out that the applicant verbally agreed to the Conditions for the record. Agenda Item No. 18 Page 103 of 105 ( Commissioner Gonzales asked the applicant when construction could be anticipated. Tom Tomlinson stated that the construction time period would be based on the housing market conditions. Commissioner Mendoza spoke of the open space available which he appreciated. Vice Chairman Flores asked of Conditions Nos. 26 and 27 and why they were not listed. Deputy City Attorney Santana pointed out that Con omitted from the Conditions list. She asked Plannin be modified or omitted. Planning Consultant Coury stated numbering consistent. The following vote resulted: It was moved missioner Mendoza, seconded by Vice Chairman Flores to adopt Resolutio o. 2008-91, adopting Findings that Murdock Alberhill Ranch Specific Plan Amendment No.2 and subdivision are exempt for the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: I, Agenda Item No. 18 Page 104 of 105 AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Commissioner Gonzales, secon adopt Resolution No. 2008-92, recommending t Amendment No, 2 to the Murdock Alberhill Ra missioner O'Neal to uncil approval of The following vote resulted: AYES: " NOES: er 0' e I, seconded by Commissioner Gonzales to r ommending City Council approval of Vesting HAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE \ ABSTAIN: NONE Agenda Item No. 18 Page 105 of 105 CITY OF ~ LAKE 6LSiNORt , I ~.~ DREAM E;<TREME~ REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER NOVEMBER 25, 2008 SUBJECT: LAKE ELSINORE MUNICIPAL CODE WAIVERS FOR NATIONAL JET BOAT ASSOCIATION SPECIAL EVENT TO: FROM: DATE: Backaround The National Jet Boat Association (NJBA) has submitted a Special Event Permit Application to hold drag boat races within the Inlet Channel on March 21st & 22nd, 2009. City Staff is in the process of preparing conditions of approval for the event. A pre- requisite for permitting the event is obtaining City Council's approval to waive certain Lake Elsinore Municipal Codes (LEMC) related to boat speed limits, motorboat noise, serving of alcoholic beverages and daily lake use pass. Lake Elsinore has a long and distinguished history of high speed power-boating. In 1927, the Aloha Yacht Club sponsored the largest meeting of speed boats ever held in California. In December 1928, nine world records were set at the National Speed Boat Races on Lake Elsinore. The City continues to promote power-boating on Lake Agenda Item No. 19 Page 1 of 30 National Jet Boat Association Event November 25, 2008 Page 2 Elsinore by providing a unique "High Speed Zone" in the center of Lake. Many regional manufacturers of power-boats utilize Lake Elsinore to showcase their product. The last lime the National Jet Boat Association hosted drag boat racing on Lake Elsinore was about 1998. City Staff recalls this as a successful event. Discussion The NJBA Special Event proposes drag boat racing, food vendors, wine & beer garden, live music and various exhibitors. The Organizers estimate attendance at 1,000 to 3,000 people per day. The event and boat races are scheduled to start at 7:30 AM and end at dusk for both Saturday and Sunday. The NJBA Special Event will feature a wide classification of jet and propeller driven race boats competing side by side in quarter mile races within the Inlet Channel. Approximately, one-hundred (100) race boats per day would compete. The range of speed attained over all boat classifications is estimated between 90 to 250 miles per hour. As a reference, the maximum speed limit in the High Speed Zone of Lake Elsinore is 150 mph. Racing vessels capable of traveling at these high speeds are anticipated to exceed the decibel limit (75 to 90 dB) established under California Boating Law (sec. 654.05) and may cause a local noise disturbance. The Organizers are requesting a waiver of LEMC Sections 9.96.120 (Boat Speed Limits) and 9.96.200 (Motorboat Noise) to accommodate the Special Event. California Boating Law allows an exception from the standard decibel limit for boat races authorized by the local public entity. The event would be staged off the City's earthen levee system and the Diamond Stadium. Spectators of the event would be charged an admission and parking fee; therefore, the levee system would be temporarily closed to the general public. The event, itself, is open to the general public upon paid admission. The Organizers desire to work with a local community group to sponsor a wine and beer garden. Those entering the garden will be required to provide proper identification to prove legal drinking age and be required to consume the alcoholic beverage within the confines of the enclosed garden. The Organizers are requesting a waiver of LEMC Sections 8.40.040A (Alcohol is prohibited in City parks) and 9.28.030 (Furnishing alcoholic beverages in public). Racing boats require significant maintenance in preparation for the next race. To protect water quality and the Lake's ecosystem, City Staff believes many maintenance activities will need to be performed out of the water, such as refueling of vessels. The Organizers agree, but request permission to launch from the levee system to reduce the time for repeated boat launching. This is acceptable to City Staff; however the Lake Elsinore Municipal Code requires all vessels to have a Lake Use Pass. In-lieu of purchasing a Daily Lake Use Pass for each vessel; City Staff intends to include a flat Agenda Item No. 19 Page 2 of 30 National Jet Boat Association Event November 25, 2008 Page 3 fee for use of the Inlet Channel in the conditions of approval. Therefore, the NJBA Organizers are requesting a waiver of LEMC Section 8.40.060E (Lake Use Pass). Two meetings have been held to review the NJBA Special Event Application between the Organizers, City Staff, Sheriffs and Fire Department. The Sheriffs and Fire Department have already submitted their fee schedule to the applicants. City Staff is preparing extensive conditions of approval for the event. The NJBA has developed racing rules and safety measures for participants to reduce the likelihood of accidents. City Staff notes that the participants understand the risks associated with the sport and will be required to indemnify the City; therefore, City Staff will be preparing conditions of approval to primarily ensure the safety of spectators and an orderly event. Fiscal Impact City Staff estimates $3,500 will be received by the City in direct fees paid by NJBA. Approximately $500 of the fees collected will be expended for application processing, fire inspection and minor staff oversight of the event. The Organizers shall pay the law enforcement fees directly to the Riverside County Sheriffs Department. It's anticipated that the event will have a positive economic benefit to the community as a whole. Recommendation Staff recommends the City Council waive the following Lake Elsinore Municipal Code sections. .. . 9.96.120 . 9.96.200 . 8.40.040A . 9.28.030 . 8.40.060E (Boat Speed Limits) (Motorboat Noise) (Alcohol is prohibited in City parks) (Furnishing alcoholic beverages in public) (Lake Use Pass) for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. Prepared by: Approved by: Pat Kilroy Director of Lake and Aquatic Resources Robert A. Brady II MI:::: City Manager lUlV Agenda Item No. 19 Page 3 of 30 ~-.........~ ~"""" ......,- ~ "~ """c~ "\,. ~.~"~ c- - ~ "" .;. -:$>" @,) ~-z.v -"? \tt ';> - "- "-:; ~ 11"- . , ~ V\'r; v ~ ...... ~ " " ~6 ~ ~ dLJ !.- - <1-", ~ ~'3 .\1 ~ i~~8 ~ - 4:: .". -- ~ ',,", Ul (If JI I ~ 1 'Ii -~ . J "<!U l '0 ~ l' 'V v",.) ~ & 1... ~ ~ ;......-:, I,.. \... <t .t Ii ,~, cs'>o/.. 0)6:::' <:> pC , '- '- " ~ ~ -h '2 :; <i ct ~'~ :0 ~ ~ ~ ~ ;31 ~ -r:~t ~ :;: ~-,fj:~ '" .. ~:;~ t -z l <;:, - tF ~ " ? 'tl\ll~ $--:!.....~ 1-<t .':' ~~! -:z -z , - - ';l "2 \': t i..". it. Cl ~ ~ \i I ~~l~ -$:[~ i~'"'-~ :!' ~ ~~ ~ ~ <l:"'3 "'- .. ~ "2 ~ o '"S,. ~f.:. "'S, ;$;. ~~ Agenda Item No. 19 "" Page 4 of 30 2008 NATIONAL JET BOAT ASSOCIATION www.NJBARaj;:ing_.net RULEBOOK Agenda Item No. 19 Page 5 of 30 DISCLAIMER The rules and/or regulations set forth herein are designed to provide for the orderly conduct of racing events and to establish minimum acceptable requirements for such events. These rules shall govern the conditions of all events, and by participating in these events, all participants are deemed to have complied with these rules. NO EXPRESS OR IMPLIED WARRANTY OF SAFETY SHALL RESULT FROM PUBLICATIONS OF OR COMPLIANCE WITH THESE RULES AND/OR REGULATIONS. They are intended as a guide for the conduct of the sport and are in no way a guarantee against injury or death to a participant, spectator or official. The Race Director shall be empowered to permit minor deviations from any of the specifications herein or impose any further restrictions that in his opinion do not alter the minimum acceptable requirements. NO EXPRESSED OR IMPLIED WARRANTY OF SAFETY SHALL RESULT FROM SUCH ALTERATION OF THE SPECIFICATIONS. Any interpretation or deviation of these rules is left to the discretion of the officials. Their decision is final. NJBA 2008 NJBA Rulebook 20124 Agenda Item No. 19 Page 6 of 30 NA T10NAL JET BOA T ASSOCIA TION PRESiDENT.... ......... ............... ...... ........... ................... ..... ROGER ROADSTROM VICE PRESIDENT ........................................................................ STEVE SHARP SECRETARy....... ................. ....... ........ ......... ................. .......... ....... JIM GUTHRIE TREASURER..... ....... ........ ......... .......... ....... .......... ........... ........ ....... .JOE LAKAMP PAST PRESIDENT ................................................................... ROLF SAMMONS EXECUTIVE BOARD TOM BANDY MIKE FINNEGAN MIKE FRY WILLIS JOHNS DAN KELLEY JOE MORGAN TOM RAINVILLE ROGER ROADSTROM, JR. MARK ROZNOS ROLF SAMONS KEN SIMONDS COMMITTEE HEADS RACE DIRECTORS........................................... JIM GUTHRIE & STEVE SHARP RULES ........................................................................................... JIM GUTHRIE POINTS ........................................................ ROLF SAMMONS & BRIAN BUSBY MEMBERSHIP ................................................................. ROGER ROADSTROM NEWSLETTER ......................................................................... ROLF SAMMONS PRIZE FUND ............................................................................. LINDA GUTHRIE 2008 NJBA Rulebook 3 of 24 Agenda Item No. 19 Page 7 of 30 NA TlONAL JET BOA T ASSOCIA TlON 2008 Racing Rules TABLE OF CONTENTS TABLE OF CONTENTS ..........................................................................................................4 CLASSIFICATION OF BOATS............................................................................................... 7 CLASS REQUIREMENTS ...................................................................................................... 7 SKI JET - SJ........................................................................................................................ 7 General........................................................................................................................... 7 Engine ............................................................................................................................ 7 MODIFIED JET - MJ .........................................................................................................8 General...........................................................................................................................8 Engine ............................................................................................................................ 8 COMP JET - CJ ..................................................................................................................8 General...........................................................................................................................8 Engine ............................................................................................................................ 8 PRO GAS JET - PGJ ..........................................................................................................8 General...........................................................................................................................8 Engine ............................................................................................................................8 UNBLOWN FUEL JET - UBFJ..........................................................................................8 General........................................................................................................................... 8 Engine ............................................................................................................................9 BLOWN GAS JET - BGJ ...................................................................................................9 General........................................................................................................................... 9 Engine ............................................................................................................................ 9 BLOWN FUEL JET - BFJ ..................................................................................................9 General........................................................................................................................... 9 Engine ............................................................................................................................ 9 Pressure Relief V alve Requirements.............................................................................9 SKI FLAT - SF ....................................................................................................................9 General......................................................................................................................... 10 Engine ..........................................................................................................................1 0 COMP FLAT - CF .............................................................................................................10 General.. ..................... ......................... ........... ........ ................. ....... ................. ........ .....1 0 2008 NJBA Rulebook 40124 Agenda Item No. 19 Page 8 of 30 Engine ..........................................................................................................................10 PRO GAS FLAT - PGF.....................................................................................................10 Genera!................ ....... ........ .......................... ........................... ............. ........................1 0 Engine ..........................................................................................................................10 BLOWN GAS FLAT - BGF ..............................................................................................10 General.. ...... ...... ......... ...... ......... ........ ........... ...... ............. ...... ............. ...... ....... ........ .....1 0 Engine ..... ...... ...... ......... ........ ......... ........... ...... ............. ........ ..................... ............... .....11 TOP ALCOHOL FLAT - TAF ..........................................................................................11 General.......... ...... ................. ........... ......... ............ ........................ ........ ............. ...... .....11 Engine ..........................................................................................................................11 SKI HYDRO - SH .............................................................................................................11 General.........................................................................................................................11 Engine ..........................................................................................................................11 COMP HYDRO - CH........................................................................................................12 General.........................................................................................................................12 Engine ..........................................................................................................................12 PRO GAS HYDRO - PGH................................................................................................12 General.........................................................................................................................12 Engine ..........................................................................................................................12 BLOWN GAS HYDRO - BGH .........................................................................................12 General.........................................................................................................................12 Engine ....... ...... ............... .............................. ........ ............. ................... ........................ 12 PRO MODIFIED - PM 7.00 - 7.99..................................................................................12 General.........................................................................................................................12 Engine ..........................................................................................................................13 TOP ALCOHOL HYDRO - TAH ......................................................................................13 General.........................................................................................................................13 Engine ..........................................................................................................................13 TOP FUEL HYDRO - TFH...............................................................................................13 Genera!.... ............ ................. ....... ............. ...... ............. ........ ............. ........ ..... ........ .......13 Engine ..........................................................................................................................14 ESTABLISHMENT OR DELETION OF CLASSES............................................................14 PROTESTS.............................................................................................................................14 SAFETY RU LES ....................................................................................................................14 2008 NJ8A RuJebook 5 of 24 Agenda Item No. 19 Page 9 of 30 CONDUCT OF OWNER AND CREW ............................................................................15 DRlVER REQUlREMENTS AND EQUlPMENT ..........................................................15 TECH INSPECTION ........................................................................................................15 LICENSE REQUIREMENTS ..........................................................................................16 JET BOATS .......................................................................................................................16 PROP BOATS....................................................................................................................16 BLOWN BOATS ...............................................................................................................17 CAPSULE BOATS ............................................................................................................17 GENERAL RACING RULES ................................................................................................19 CATEGORY ......................................................................................................................19 GASOLINE .......................................................................................................................20 Pairing....... ........ ............... ......... .......... ......... ........ ................... .................... ................. 20 Incomplete Race .......... ........ ........... ......... .......... ........... ........ ....... ...... ...... ....... ...... ....... 21 RECORDS ..............................................................................................................................21 POINTS ................................................................................................................................... 22 AWARDS.................................................................................................................................23 ET BRACKETS .......................................~..............................................................................23 Fuel ....................................................................................................................................23 Rules .................................................................................................................................. 23 BRACKET INDEXES.............................................................................................................24 Points and Awards ............................................................................................................. 24 2008 NJBA Rulebook 6 of 24 Agenda Item No. 19 Page 10 of 30 CLASSIFICATION OF BOATS NJBA recognizes the following classes of jet and propeller driven race boats: CLASS DESIGNATION Ski Jet ....................................................................................... SJ Modified Jet.. ................. ................................................... ......... MJ Comp Jet...... ............... ........... ........ ........... ......... .............. ......... CJ Pro Gas Jet ............................................................................. PGJ Unblown Fuel Jet................................................................... UBFJ Blown Gas Jet......................................................................... BGJ Blown Fuel Jet.......................................................................... BFJ Ski Flat... ......... ........ ........... ........ ......... .......... ........... ...... ....... .... .SF Comp Flat.............. ........... ................... ........ ................. ............. CF Pro Gas Flat ............................................................................ PGF Blown Gas Flat........................................................................ BGF Top Alcohol Flat ...................................................................... TAF Ski Hydro .................................................................................. SH Comp Hydro ...... .......... ......... .......... ......... .................................. CH Pro Gas Hydro ........................................................................PGH Blown Gas Hydro ....................................................................BGH Pro Modified ..... .......... ......... .......... ......... ........................... ....... PM Top Alcohol Hydro................................................................... TAH Top Fuel Hydro ....................................................................... TFH CLASS REQUIREMENTS SKI JET - SJ Ski Jets are intended to be jet boats having typical water skiing equipment and appearance. Intemal engine modifications are permitted to enhance competition and reliability. General 1. Seating must accommodate a minimum of two (2) adults. Seats must be fully upholstered, and at minimum must consist of a full width bench seat and back, or two (2) equal bucket seats. 2. Steering wheel must be a minimum of 8" off hull center line. 3. Boats may have any type of nozzle with a functional neutral mechanism that is operational from the driver's seat. 4. Adjustable cavitation plates are permitted. 5. Fuel is restricted to racing gasoline. See General Racino Rules. Engine 1. Any bore and stroke combination is allowed up to a maximum of 460 cubic inches, with a clean-up hone of a maximum of .005 inches. 2. No aluminum blocks allowed. 3. Any carburetor configuration up to a maximum of 1500 C.F.M. Absolutely no modifications to the venturi area are permitted on any carburetor from air cleaner flange to base plate, i.e., any factory casting flash and cadmium plating. Visual inspection by the Technical Committee will be allowed at their discretion. 4. The only legal carburetors for this class are Holley part numbers 0-4779C, 0-4779S, 0-6109,0-6709,0-8156,0-9379, and 0-80186. 2008 NJBA Rulebook 70124 Agenda Item No. 19 Page 11 of 30 5. Ski Jets may run any type of exhaust. 6. Intake manifold must be cast production or modified production only. No homemade or non-production manifolds allowed. 7. Pro Stock style cylinder heads are prohibited. Intake port spacing must remain in stock OEM location as manufactured for production vehicles. 8. 2 speed transmissions are prohibited.. MODIFIED JET - MJ Modified Jets are intended to be jet boats used specifically for racing, and limited only to maintain a similarity in racing equipment. General 1. Any modification to boat, engine or jet, not specifically prohibited, is permitted. 2. Fuei is restricted to racing gasoline. See General Racine Rules. Engine 1. Any bore and stroke combination is allowed up to a maximum of 482 cubic inches. 2. Engine must be normally aspirated. 3. Pro Stock style cylinder heads are prohibited. Intake port spacing must remain in stock OEM location as manufactured for production vehicles. COMP JET - CJ Camp Jets are intended to be jet boats used specifically for racing, and limited only to maintain a similarity in racing equipment. General 1. Any modification to boat, engine or jet, not specifically prohibited, is permitted. 2. Fuel is restricted to racing gasoline. See General Racine Rules. Engine 1. Maximum engine displacement is 470 cubic inches. 2. Engine must be normally aspirated. PRO GAS JET - PGJ Pro Gas Jets are intended to be jet boats used specifically for racing and limited only to maintain a similarity in racing equipment. General 1. Any modification to boat, engine or jet, not specifically prohibited, Is permitted. 2. Fuel is restricted to racing gasoline. See General Racine Rules. Engine 1. Maximum engine displacement is 515 cubic inches. 2. Engine must be normally aspirated. UNBLOWN FUEL JET - UBFJ Unblown Fuel Jets are intended to be jet boats used specifically for racing, and limited only to maintain a similarity in racing equipment. General 1. Any type of fuel other than gasoiine under 516 C.I.D. is permitted. 2. Nitrous oxide is permitted. 2008 NJBA Rulebook 8 of 24 Agenda Item No. 19 Page 12 of 30 Engine 1. Minimum engine displacement, if running gas only, is 516 C.I.D. 2. Maximum engine displacement is 670 cubic inches. BLOWN GAS JET. BGJ Blown Gas Jets are intended to be jet boats used specificaily for racing, but having highly unusual, expensive or experimental equipment. General 1. Fuel is restricted to racing gasoline. See General Racinq Rules. Engine 1. Blowers or turbo-chargers are mandatory. 2. Maximum engine dispiacement is 572 cubic inches. 3. Water injection is ailowed on blown gas engines providing a sufficient amount of liquid remains in the tank, which wiil be used for testing purposes at the end of each run. BLOWN FUEL JET. BFJ Blown Fuel Jets are intended to be jet boats used specificaily for racing, but having highly unusual, expensive or experimental equipment. General 1. Any type fuel is permitted, other than gasoline. 2. A maximum of 50% Nitro-methane ailowed. Engine 1. Blowers or turbo-chargers are mandatory. 2. Maximum engine displacement is 565 cubic inches. 3. Blower belts must be Kevlar and 14mm in size. Pressure Relief Valve Requirements 1. Ail Blown Fuel Jets must have a pressure relief valve attached to the intake side of the pump bowl. A pressure gage at the intake side of the impeiler must be instailed within 2" of the packing nut with a check bail or teiltale type unit attached (0-200 Ibs.). 2. A manual override button on the steering wheel is required. 3. The valve must open in an automatic fashion in case of engine failure or some other type of uncontrolled emergency. 4. The valve will be inspected at the in-ramp prior to each run. 5. Once valve is opened, it must remain open until the boat is on the trailer. 6. Piston size: a. Minimum 4" diameter. b. 13 sq. inches minimum unrestricted exhaust opening. SKI FLAT. SF Ski Flats are intended to be prop driven flat bottom boats having typical water skiing equipment and appearance. Intemal engine modifications are permitted to enhance competition and reliability. 2008 NJBA Rulebook 9 of 24 Agenda Item No. 19 Page 13 of 30 General 1. Seating must accommodate a minimum of two (2) adults. Seats must be fully upholstered, and at minimum, consist of a full width bench seat and back, or two (2) equal bucket seats. 2. Steering wheel must be a minimum of 8" inches off hull center line. 3. Fuel is restricted to racing gasoline. See General Racine Rules. Engine 1. Any bore and stroke combination is allowed up to a maximum of 460 cubic inches, with a clean-up hone of a maximum of .005 inches. 2. No aluminum blocks allowed. 3. Any carburetor configuration up to a maximum of 1500 C.F.M. Absolutely no modifications to the venturi area are permitted on any carburetor from air cleaner fiange to base plate, I.e., any factory casting flash and cadmium piating. Visual inspection by the Technical Committee will be allowed at their discretion. 4. The only legal carburetors for this class are Holley part numbers 0-4779C, 0-4779S, 0-6109,0-6709,0-8156,0-9379, and 0-80186. 5. Ski Flats may run any type of exhaust. 6. Intake manifold must be cast production or modified production only. No homemade or non-production manifolds allowed. 7. Pro Stock style cylinder heads are prohibited. Intake port spacing must remain in stock OEM location as manufactured for production vehicles. 8. 2 speed transmissions are prohibited. COMP FLAT" CF Comp Flats are prop driven flat bottoms used specifically for racing. General 1. Fuel is restricted to racing gasoline. See General Racine Rules. Engine 1. Displacement may not exceed 470 C.I.D. 2. Engine must be normally aspirated. PRO GAS FLAT" PGF Pro Gas Flats are prop driven flat bottoms used specifically for racing. General 1. Fuel is restricted to racing gasoline. See General Racine Rules. Engine 1. Displacement maximum 515 C.I.D. 2. Engine must be normally aspirated. BLOWN GAS FLAT" BGF Blown Gas Flats are intended to be race boats used specifically for racing, but having highly unusual, expensive or experimental equipment. General 1. All boats shall have installed a device making possible the engagement and disengagement "at will" of the propulsion device while the engine is running. 2. Fuel is restricted to racing gasoline. See General Racine Rules. 2008 NJBA Rul.book 10 of 24 Agenda Item No. 19 Page 14 of 30 Engine 1. Maximum engine displacement is 572 cubic inches. 2. Water injection is allowed on blown gas engines providing a sufficient amount of liquid remains in the tank, which will be used for testing purposes at the end of each run. 3. Blowers or turbo-chargers are mandatory. TOP ALCOHOL FLAT - TAF General 1. Fuel system - Mechanized fuel system allowed. The injection system cannot be controlled by exhaust gasses. 2. Fuel - Blown Methanol. Unblown Nitro-methane, no percentage limit. 3. Clutch, Flywheel & Bellhousing - All boats utilizing a clutch must have a steel hydroformed bellhousing. All boats must have a 360-degree flywheel cover. 4. Neutral Device - A devise to allow engagement and disengagement "at will" of the propulsion device while the engine is running. 5. Prop shaft - The minimum prop shaft diameter through the back of the strut is 1-1/8". Engine 1. Any intemal combustion automotive type engine permitted. No dual engine set-ups allowed. Maximum 572 cubic inch and 4 valves per cylinder. 2. Supercharger - Required - roots-type maximum size 14-71, 19" case length, 11-1/4" case width, maximum rotor cavity diameter is 5.840". Helix is restricted to maximum rotor spiral of 6.5 degrees per inch of length. Maximum overdrive 70%. 3. Screw-type superchargers are not allowed. SKI HYDRO - SH Ski Hydros are intended to be prop driven flat bottom boats having typical water skiing equipment and appearance. Intemal engine modifications are permitted to enhance competition and reliability. General 1. Seating must accommodate a minimum of two (2) adults. Seats must be fully upholstered, and at minimum, consist of a full width bench seat and back, or two (2) equal bucket seats. 2. Steering wheel must be a minimum of 8" off hull center iine. 3. Fuel is restricted to racing gasoline. See General Racine Rules. Engine 1. Any bore and stroke combination is allowed up to a maximum of 460 cubic inches, with a clean-up hone of a maximum of .005 inches. 2. No aluminum blocks allowed. 3. Any carburetor configuration up to a maximum of 1500 C.F.M. 4. Absolutely no modifications to the venturi area are permitted on any carburetor from air cleaner flange to base plate, i.e., any factory casting flash and cadmium plating. Visual inspection by the Technical Committee wiil be allowed at their discretion. 5. The only legal carburetors forthis class are Holley part numbers 0-4779C, 0-4779S, 0-6109,0-6709,0-8156,0-9379, and 0-80186. 6. Ski Hydros may run any type of exhaust. 7. Intake manifold must be cast production or modified production only. No homemade or non-production manifolds allowed. 8. Pro Stock style cylinder heads are prohibited. Intake port spacing must remain In stock OEM location as manufactured for production vehicles. 2008 NJBA Rulebook 11 of 24 Agenda Item No. 19 Page 15 of 30 9. 2 speed transmissions are prohibited. COMP HYDRO - CH Comp Hydras are intended to be race boats used specifically for racing and limited only to maintain a similarity in racing equipment. General 1. Any modification to boat or engine not specifically prohibited is permitted. 2. The minimum prop shaft diameter through the back of the strut shall be 1-1/8". 3. Fuel is restricted to racing gasoline. See General Racine Ruies. Engine 1. Maximum engine displacement is 470 cubic inches. 2. Engine must be normally aspirated. PRO GAS HYDRO - PGH Pro Gas Hydros are intended to be race boats used specifically for racing and limited only to maintain a similarity in racing equipment. General 1. Any modification to boat or engine not specifically prohibited is permitted. 2. The minimum prop shaft diameter through the back of the strut shall be 1-1/8". 3. Fuel is restricted to racing gasoline. See Generai Racine Rules. Engine 1. Displacement maximum 515 C.I.D. 2. Engine must be naturally aspirated. BLOWN GAS HYDRO - BGH Blown Gas Hydros are intended to be race boats used specifically for racing and limited only to maintain a similarity in racing equipment. General 1. Any modification to boat or engine not specifically prohibited is permitted. 2. The minimum prop shaft diameter through the back of the strut shall be 1-1/8". 3. Fuel is restricted to racing gasoline. See General Racine Rules. Engine 1. Maximum engine displacement is 572 cubic inches. 2. Blowers or turbo-chargers are mandatory. PRO MODIFIED - PM 7.00 - 7.99 General 1. Fuel System - Mechanized fuel systems allowed. The injection system cannot be controlled by exhaust gasses. 2. Fuel - Gasoline, methanol and/or nitrous oxide allowed. Propylene oxide will not be allowed. 3. Clutch, Flywheel and Bellhousing - All boats must have a 360-degree fiywheel cover. 4. Neutral Device - A device to allow engagement and disengagement "at will" of the propulsion device while the engine is running. 2008 NJBA Rulebook 120124 Agenda Item No. 19 Page 16 of 30 5. Prop Shaft - 1-1/8" shaft diameter on front portion of prop shaft may not be reduced to less than 1-1/8". If a two-piece prop shaft is utilized, the coupler must meet the following criteria: a. Thru-bolt coupler bolt must be indexed into prop shaft. The bolt must be the same size as the hole in the coupler. b. Split coupler with set screw retainment, prop shaft must be dimpled with drill bit that will fit into set screw hole in coupler the full depth of the drill point. Set screw must be secured in the hole. c. No barrel drilling of prop shaft allowed. 6. Rudder - All Hydro rudders must extend 1-1/2" past the lowest point of the propeller. Chrome rudders will not be allowed. 7. Parachute - Mandatory for hydros only. 8. Safety Capsule - Mandatory. Engine 1. Any intemal combustion automotive-type engine permitted. No dual engine set-ups allowed. TOP ALCOHOL HYDRO - TAH General 1. Fuel System - Mechanized fuel system allowed. The injection system cannot be controlled by exhaust gasses. 2. Fuel- Blown Methanol. Unblown Nitro-methane, no percentage limit. 3. Clutch, Flywheel and Bellhousing - All boats utilizing a clutch must have a steel hydroformed bell housing. All boats must have a 360-degree flywheel cover. 4. Neutral Device - A devise to allow engagement and disengagement "at will" of the propulsion device while the engine is running. 5. Prop Shaft - The minimum prop shaft diameter through the back of the strut is 1- 1/8". 6. Rudder - Minimum 1/2" thickness of the clamshell. Engine 1. Any intemal combustion automotive type engine permitted. No dual engine set-ups allowed. Maximum 572 cubic inch and 4 valves per cylinder. 2. Supercharger - Required - roots-type maximum size 14-71, 19" case length, 11-1/4" case width, maximum rotor cavity diameter is 5.840". Helix is restricted to maximum rotor spiral of 6.5 degrees per inch of length. Maximum overdrive 70%. 3. Screw-type superchargers are allowed. TOP FUEL HYDRO - TFH General 1. Fuel System - Mechanized fuel system allowed. The injection system cannot be controlled by exhaust gasses. 2. Fuel - A minimum of 50% nitro methane. 3. Clutch, Flywheel and Bellhousing - All boats utilizing a clutch must have a steel hydroformed bell housing. All boats must have a 360-degree flywheel cover. 4. Neutral Device - A device to allow engagement and disengagement "at will" of the propulsion device while the engine is running. 5. Prop Shaft - The prop shaft diameter through the back of the strut is 1-3/8". The minimum for duel prop shaft boats is 1-1/4". 2008 NJBA Rulebook 13 of 24 Agenda Item No. 19 Page 17 of 30 6. Rudder - All rudder support brackets must be solid, no lightening holes will be allowed. Brackets at each side of clamshell must be a minimum of 5/8" thick. Any lightening holes in any rudder support brackets will not be allowed. 7. Parachute - Mandatory. 8. Safety Capsule - Mandatory. Engine 1. Any intemal combustion automotive type engine permitted. No dual engine set-ups allowed. Maximum 565 cubic inch and 4 valves per cylinder. 2. Supercharger - Required - roots-type maximum size 14-71, 19" case length, 11-1/4" case width, maximum rotor cavity diameter is 5.840". Helix is restricted to maximum rotor spiral of 6.5 degrees per inch of length. Manifoid burst panels meeting SFI Spec 23.1, plus restraint system meeting SFI Spec 14.2 mandatory. Screw-type superchargers prohibited. ESTABLISHMENT OR DELETION OF CLASSES 1. At the General Rules Meeting, the membership may establish or delete a racing class. The same procedure as for rule changes will apply. In either event, a one (1) year probationary period will be in effect. 2. Special events may be added at each race at the discretion of the Race Committee. PROTESTS 1. Carburetor, equipment or displacement protests, where a tear down is required, may be made only if a written protest and $225 in cash is deposited with the Race Chairman within thirty (30) minutes after the completion of the race involved. If boat is found illegal, full amount paid by the protester will be refunded. An illegal boat will be fined $500 by NJBA. If boat is found legal, $200 will be awarded to the boat owner. 2. Technical Committee may, at their discretion, tear down any engine, and if it is found to be legal, the owner will be reimbursed $200 by the NJBA. If illegal, action will be taken by the Technical Committee. 3. There will be a fuel tester at each race. 4. Technical Committee may, at their discretion, remove cover, check fuel, and P&G, Le. air cleaners, valve covers, etc., and perform other visual inspections. 5. A $50 fee will be charged for protests involving P&G only. 6. A $25 fee for all protests involving a tear down will go to the NJBA. 7. Equipment or fuel violations may be cause for disqualification from that event and next event, and any records set by that boat for that year, may be disallowed. 8. The Protest Chairman must make a protest form available to any registered participant. All protests must be filed at the race site on race day. SAFETY RULES The following General Safety Rules will be enforced at all NJBA racing events, and are recommended for NJBA members at all other events. 2008 NJBA Rulebook 140124 Agenda Item No. 19 Page 18 of 30 1. NJBA Officials will enforce all safety rules. All safety rules must be observed at all times. 2. No driver may operate his boat in such a manner as to force another boat into an unsafe situation. 3. At least two (2) qualified judges must be on the course during every race to observe driver conduct, especially that of novices. CONDUCT OF OWNER AND CREW 1. The boat owner is directly responsible for the conduct and actions of any and all members of his/her crew. Any violations of the rules and regulations by any owner or member of a crew may result in disqualification, or suspension of the boat, driver, and owner. 2. Any verbal abuse and/or physical abuse, threats, or harassment towards an NJBA official shall result in immediate disqualification from the event and possible further suspension from one or more race events, depending upon the severity of the offense. 3. No smoking in pit area or on race course. 4. No alcoholic beverages shall be consumed by any racer or pit crew before or during a race, or until thirty (30) minutes after the last race of the day. 5. At no time may motor driven cycles, I.e., motorcycles, A TC's, etc., be ridden in the pit area without permission of the Race Officials. 6. The owner(s) is responsible for the removal and proper disposal of all trash and fluids (I.e. oil, cleaning fluids, etc.) from his/her pit area before leaving the race course. Failure to do so will result in a fine, to be paid to NJBA prior to competing in the next event. Additionally, the boat owner will be responsible for the full cost of clean-up and any fine levied against NJBA due to spillage, dumping, improper disposal, etc., of any oil, solvents, fuel, or any other toxic materials. DRIVER REQUIREMENTS AND EQUIPMENT 1. Minimum age for boat drivers is 18 years. 2. Minimum age for personal watercraft is 16 years, with valid driver's license. 3. All drivers must wear "medi-tags" while racing. 4. All drivers must wear helmets that protect the head, tempie, ears and neck. All helmets must be in good condition and be 1980 Snell or newer. 5. All drivers must wear eye protection, such as goggles or face shield. The use of sunglasses does not meet this requirement. 6. All drivers are required to wear helmet restraints. The use of safety collars with the helmet restraint is also recommended. 7. All drivers must wear life jackets having leg straps and spinal protectors at all times while the boat is on the water. 8. The manufacturer must certify all racing vests or jackets every two years. 9. Minimum clothing for drivers will be short sleeve shirts, long pants, and closed toe shoes. Long sleeve shirts are recommended. All boat drivers running anything other than gasoline or nitrous oxide must wear a full flame retardant driving suit, head sock, gloves, and shoes. 10. All drivers are required to wear ballistic pants. 11. Drivers of open boats may not remove helmets, life jackets or any safety equipment until boat reaches the out ramp. TECH INSPECTION 1. Boat registration will not be completed until the boat has successfully passed a technicai inspection for the event and class for which it is entered. 2008 NJBA Rulebook 15 of 24 Agenda Item No. 19 Page 19 of 30 2. All boats must be in safe mechanical condition as determined by NJBA Inspectors. This applies particularly to steering, throttle linkage, U-joints, motor mounts and bolts, seat mounts, wiring and fuel systems. 3. On all motor mounting hardware, a minimum of two (2) threads of the fastener must be exposed past the end of the nut. 4. All boats must have a 360-degree flywheel cover made of production aluminum or the equivalent material. 5. All boats must have a throttle retum spring, which will insure an idle condition when the linkage is disconnected or fails. The spring may not be connected to ball joint. 6. All boats must have a "throttle stop" that prevents the throttle cable or carb/injection linkage from going past center. 7. All boats must have a "kill switch" connected to the driver that will shut off the engine in the event the driver is thrown out of his seat. This devise shall be mounted or release routed so as to disconnect should drivers posterior move more than 18" in any direction from the drivers seat. Steel clips oniy on kill switch lanyard. No plastic hooks permitted. 8. All boats with cable steering must have a minimum of two (2) clamps on each cable. 9. No fuel tanks will be part of, or attached to seat. 10. All boats must have a fully charged minimum 5 lb. fire extinguisher in the pits and tow vehicle, with a current certification tag. 11. A device will be required on all boats, which will deflect the holding rope over the highest point of the boat. Minimum specifications 3/4 x .049 tubing mounted at an approximate 45 degree angle and attached at both ends. 12. All boats equipped with a parachute shall have an actuating device located in such a position so to be readily accessible and actuated by the driver without necessitating the release of either hand from the steering wheel (i.e., controlled actuating device on steering wheel, foot release, etc.) a back-up manual release must be within easy reach of the driver. All parachutes will be subject to deployment during inspection. LICENSE REQUIREMENTS 1. All first time NJBA drivers must pass a driving test and attend an orientation meeting. a. Drivers may present to the Race Committee a driver's license from other racing associations. The Race Committee will determine if this license meets the criteria of the NJBA. 2. All new and upgrading NJBA drivers will be required to obtain a license under the direction, supervision, and approval of the Race Committee. 3. To be allowed to participate, all drivers must provide proof of passing an FAA type Class 3 physical, a DMV equivalent, or a current IHBA driver's license. 4. All drivers of capsuie boats must attend a capsule orientation class held by the NJBA. JET BOATS 1. All jet driven boats that run 145 MPH or faster must have an NJBA approved safety capsule installed. .2. All jet driven boats that run 100 MPH or faster must have a "pop-off valve" or a ratcheting device. 3. All jet boat intake grates must have boits drilled all the way through (hull) with a minimum 5/16" bolt and nutted on top. Bolts should be steel, not stainless, and should be fine thread. PROP BOATS 1. All flat bottom boats that run 145 MPH or faster and all hydro boats that run 160 MPH or faster must have an NJBA approved safety capsule installed. 2. All prop driven boats in excess of 100 MPH must have a prop release mechanism. 2008 NJBA Rulebook 160124 Agenda Item No. 19 Page 20 of 30 3. Chrome rudders or struts are not allowed on prop driven boats. 4. All hydro rudders must extend at least 1-1/2" beiow the prop when the prop is in a vertical position. 5. All hydro rudders shall be a minimum of 1/2" thickness at the clam sheil. 6. All propeller driven boats are required to utilize a safety collar located just upstream of the shaft seal which will prevent the propeller shaft from moving rearward. In addition, all hydros are required to utilize, underwater, a 2-piece steel split safety collar located directly in front (maximum of 1/2") of the main strut. 7. The minimum prop shaft diameter through the back of the strut shall be 1" unless otherwise stated in the general rules for the class in which the boat would normally compete. All hydros not eligible for a class competing in the 6.50-8.00 brackets shall have a minimum prop shaft diameter of 1-1/8" through the rear of the strut. Shaft diameter on the front portion of the prop shaft may not be reduced to less than 1". If a two-piece prop shaft is utilized, the coupler must meet the following criteria: a. Thru-bolt coupler: Bolt must be indexed into the prop shaft. The bolt must be the same size as the hole in the coupler. b. Split coupler with set screw retainment: Prop shaft must be dimpled with a drill bit that will fit into set screw hole in coupler the full depth of the drill point. Set screw must be secured in the hole. c. No rifle drilling of prop shaft will be allowed. 8. All prop driven boats are required to have a drive line guard. The drive line guard is defined as being fully enclosed from the V-drive to the center of the rear coupler of U- joint of the engine within 2-1/2" of the flywheel adapter and secured in such a manner that it will retain the drive shaft, in the event of failure. No perforations will be allowed in the drive line guard. Material must be 1/4" aluminum or 1/8" steel. BLOWN BOATS 1. All blown-injected motors are required to have blower restraints. All blown fuel motors are required to utilize an SF114-2 approved restraining device. All blown alcohol motors will be required to utilize an SFI 14-1 approved restraining device. All blown motors utilizing a screw type blower are required to utilize an SF114.21 approved restraining device regardless of type of fuel used. All screw type blowers are restricted to the amount of overdrive used and must meet SFI spec 34.1 construction standards. For construction standards and overdrive percentages, contact the Tech Department. This restraining device must be in place at all times when the motor is running. 2. All blown, injected, or fuel boats must have a fuel shut off valve controllable from aiong side or in front of driver. The valve shall be located between the main fuel pump and the injectors. CAPSULE BOATS All safety capsules must meet SFI 36.1 specifications. Any safety capsule involved in an accident must be re-certified before entering or running any NJBA event. 1. All brackets and levers shall be so located as not to interfere with driver's movement or entry and exit of the capsule. 2. All cables and hoses shall be of the breakaway type with separation point on the outside of the capsule. 3. All thru hull fittings in capsule (with the exception of steering cables) shall be sealed and made water tight. 4. Roll cage shall have foam padding around head hoop supports, head guard and head hoop. 2008 NJBA Rulebook 17 of 24 Agenda Item No. 19 Page 21 of 30 5. Driver's seat must be fastened to frame of capsule. 6. Transparent portion of canopy must provide clear visibility of driver. 7. Flotation: a. Spray or pour in type foam will not be allowed in capsules. b. If capsule is designed to separate from boat on impact, it shall also be designed to float on the water surface while full of water, as rigged and with driver. c. Flotation must be installed in an irremovable fashion. B. All capsule boats must be equipped with one of the following: Halon, Co2, dry chemical, or NAF-111 Fire X type fire systems, minimum of 10 Ibs. Fire system must have a minimum of two (2) nozzles/outlets directed at each side of motor. A pressure gauge showing state of charge must be visible for inspection. It shall also have an actuating device located in such a position so to be readily accessible and actuated by the driver. 9. All capsule boats must have a minimum of a five (5)-point safety harness attached to capsule frame. a. Push type quick reieases will not be allowed. b. A quick release 3" shoulder harness meeting SFI spec 16-1 is mandatory. c. Driver restraint systems must be certified by the manufacturer every two years. d. Driver restraint systems must be clearly labeled and dated by the manufacturer. e. All seat belt and shoulder harness installations must be mutually compatible, originally designed to be used with each other. f. Mounting level on shoulder harness must be mounted level with the shoulders to 4" below shoulder height. 10. All capsule boats must be equipped with a minimum twenty (20) minute air supply prior to each run. a. Air suppiy bottles must be attached to the capsule frame. b. A pressure gauge must be installed and visible for inspection prior to each run. (Air supply minimum pressure before each run is 2,000 psi). c. A form of quick release shall be incorporated into each air supply system, either at the supply hose or bottle. d. All respiratory orifices shall be incorporated into a pressurized or demand life support air system. e. No scuba type regulators will be allowed. f. Nitrox and mixed gases are prohibited. 11. The bottom of all capsules must be permanently colored from front to back and 2 inches up the backside with "high hide yellow." 12. All capsules must have a lifting eye on top of capsules. Lifting eyes must be bolted to roll cage. Lifting eye must have a 45-degree angle on the front of hoop to deflect the holding rope. All capsules will also have lifting eyes on the right and left sides or back. Eyes are to be one-half (1/2) the distance between the top lifting eye and the deck. The eyes must be attached to the roll cage on the inside of capsule. Lifting eyes must be clear and open to accept Rescue's lifting hook, without obstruction. 13. The following boats are required to have NJBA safety capsules installed: a. Jet boats that run 145 MPH or faster. b. Flat bottom boats that run 145 MPH or faster. c. Hydro boats that run 160 MPH or faster. 14. RULES FOR BOATS RUNNING SPEEDS REQUIRING CAPSULES. a. Boats without capsules will be allowed one run per event that meets or exceeds the speed required for that type of boat to have a capsule. 2008 NJBA Rulebook 180124 Agenda Item No. 19 Page 22 of 30 b. A boat that makes a second run at the same event that requires that type of boat to have a capsule, will not be allowed to run at that event again. The speed and E.T. for the second run will not be allowed for purposes of qualifying or eliminations. c. Boats without capsules that make two runs at the same event at a speed requiring that type of boat to have a capsule, must meet with the Race Director before leaving the event. d. Boats without capsules that make two runs at the same event at a speed requiring that type of boat to have a capsule, must have the permission of the Board of Directors to run at future events. GENERAL RACING RULES 1. NJBA Officials will enforce all racing rules in effect for a particular event. 2. All races will be run by the procedures listed in the race flier for that particular event. 3. Only the driver(s) signed on original entry prior to the close of registration will be eligible to drive the boat. Driver substitutes may be made only in the case of incapacity of the original driver as approved by the Race Committee. Failure to abide by this rule will result in disqualification of boat and number. 4. Drivers are restricted to driving one category boat and one bracket boat per event. 5. Any driver failing to answer roll call at Driver's Meeting may be disqualified. Only owners and drivers will be allowed at Driver's Meeting. 6. All boat numbers must be legible from three hundred feet and be 10" high with a minimum 2" brush stroke, in contrasting color on both sides of boat. 7. All drivers on holding rope must follow direction of Officials or be disqualified immediately. 8. Any boat entering a lane not assigned to it may be disqualified. 9. A penalty or disqualification against an owner or driver may include the boat number at the discretion of the Judges. 10. All decisions of the Race Committee will be handed down by the Race Director. 11. Participants will be subject to disqualification for entering the Tower during a race. 12. An owner and/or driver only, may participate in any decision involving his/her boat. 13. Both boats will be given ample time to fire, as determined by the Race Committee. If only one fires, he/she will be declared the winner after completion of a legal single. a. A legal single only occurs when a boat's competition does not show, or does not cross the starting line beam within 15 seconds of the green light. b. Any boat in competition that cannot start the engine and cross the start line beam under the power of the engine within 15 seconds of the green light, will be disqualified. c. Lights will be interpreted as follows: (1) Blinking Yellow............Start Motor (2) Yellow........................Stage (3) Green.........................Go (4) Red............................Stop NEVER PROCEED ON A RED LIGHT! CATEGORY 1. First or Worse - The primary objective of each category race is to have one winner and one loser with the Race Director having full responsibility on cases involving dual disqualifications. Should a double rule infraction occur on the same run, the driver 2008 NJBA Rulebook 190124 Agenda Item No. 19 Page 23 of 30 committing the major infraction will be eliminated. The other driver with the lesser offense will be reinstated. 2. Red Light - A red light on a bye run or iegal single run will not eliminate a boat from competition. 3. Dual Red Lights - When both boats in competition red light, the boat that red lights the least will be declared the winner. 4. Boats are not required to make a bye run. 5. Where a three (3) boat field does not exist, a step-up is allowed to the next higher class or next higher cubic inch class in which the boat is legal. These boats must also be legal for the class for which they are claiming points. 6. All category class winners may be P&G inspected. GASOLINE Gasoline, as defined, is a mixture of hydrocarbons. Gasoiine is a good electrical insulator, or dielectric, and its relative effectiveness as an insulator is represented by its dielectric constant. The average D.C. for the hydrocarbons, which comprise gasoline, is 2.025. This is defined as a reading of 0 with the NJBA fuel meter. To compensate for possible temperature differences of gasoline, which cause slight variations of the D.C., the maximum acceptable meter reading is +1, with 0 as the reference reading. A gasoline which has a D.C. greater than 2.3 will cause the meter reading to be outside of this range. The addition of compounds containing nitrogen and/or oxygen may produce a mixture of D.C. greater than 2.3. Most gasolines meet these criteria. It is recommended that unknown gasoline be checked before use in competition. Pairing 1. Pairing for the first round eliminations will be based on the ET's of the field. Boats will be matched in a 16-boat field. 2. If there is an uneven field, in the first round, the #1 boat (quickest time) will be awarded the bye. 3. The bye boat need not report to staging for a run if he so chooses. The boat will receive the points for that round. 4. The balance of the race program will be run by the ladder system. 5. At the time of roll call, should a driver not answer or should he declare withdrawal from the program, the seventeenth (17'h) qualifying boat shall be inserted in the field, and the entire category re-paired. 6. NJBA category drag classes will consist of a maximum of any 16-boat field. Bracket classes have no limit. 7. In the event that any category class does not receive a full round of qualifying, the boats in that class will be paired by drawing. Anyone missing a round of qualifying due to their own negligence, or mechanical faiiure will not be considered as causing the class to be incomplete. a. Upon the discretion of the Race Committee, categories in this situation may not be limited to their usuai field. b. Qualifying points will not be awarded to the number 1 and 2 qualifiers when boats are paired by a drawing. 8. In the event that all boats entered in bracket classes do not receive a qualifying run, brackets with boats that did not receive a run will be paired by a drawing. Anyone missing a round of qualifying due to their own negligence, or mechanical failure, will not be considered as causing the ciass to be incomplete. a. Qualifying points will not be awarded to the number 1 and 2 qualifiers when boats are paired by a drawing. 9. After the completion of qualifying, there will be thirty (30) minutes to declare into a bracket other than the one your qualifying ET places you, or on your registration form. There will be no changes made on Race Day. 2008 NJBA Rulebook 20 of 24 Agenda Item No. 19 Page 24 of 30 10. If a qualified boat declares broke or is disqualified on Saturday, the remaining qualified boats will be re-paired. 11. If you are aware that an illegai boat has entered your class, you must inform the Tower and the Tech Chairman before the completion of qualifying so that the boat may be removed from the class before the final pairings. If you do not inform the proper persons as stated, the class will be run as paired. Incomplete Race 1. In the event of an incomplete race, the boat with the quickest elapsed time (ET) of the last completed round, and still remaining in the program, will be declared the winner. The runner-up will be the boat with the second quickest ET that is still remaining in the program. 2. If a bye boat situation exists, the bye boat will be ranked on the basis of the ET that established his bye run for that round. 3. The ranking for a bye boat shall be the ET recorded from the previous round. 4. At no time shall the ET of an eliminated boat be used in determining the winner or runner-up. 5. If the first round of a category is not completed, the winner and runner-up will be the boats with the fastest and next fastest ET in qualifying. 6. If any remaining boat in a class does not receive an ET, the winner and runner-up in that class only will be declared by MPH. RECORDS 1. NJBA will recognize speed and ET records for jet drive or prop drive boats running quarter mile drag races at NJBA events only. 2. A record run must be made on an established quarter mile drag course, and must be timed with electrical timing devices. 3. Any run exceeding the current record may be considered a potential new record leg. 4. All new record legs and back-up runs must be made in the class for which the record is claimed. A back-up run may precede or follow the new record leg and must be made at the same event. a. Boats that have set a new record leg, or have backed up a record, may not leave the out ramp area until a fuel sample has been collected by a member of the Race Committee. b. Boats that have set a new record leg, or have backed up a record, may not leave the race course, until the boat has been inspected by the Race Committee. (1) Records will not be approved, and drivers and owners may face disciplinary actions, if record setting boats leave the course before being inspected by the Race Committee. (2) After a record is set and backed up, you may be P&G inspected by tech. c. The clocked time of the back-up run must be within 1 % of the new record leg. If the clocked time of the back-up run exceeds the record leg by no more than 1 %, the faster time will be considered a potential new record. In the event the back-up run exceeds the record leg by more than 1 %, the faster run may be considered a potential record leg, and must be backed up by another run within 1 %, time permitting. If this is not accomplished, the original time will stand as being backed up. 6. Any NJBA member claiming a new record must submit written proof to the Records Chairperson supporting his claim at a race site. Claim to include all pertinent data, as 2008 NJBA Rulebook 21 of 24 Agenda Item No. 19 Page 25 of 30 well as course run, record speed, date, cubic inch test results, gas check, carburetor size, and including the name and title of the inspecting person. Pending same day P&G. 7. The new record claim will be considered as recognized by the NJBA when a majority of the Board of Directors votes that the claim meets NJBA requirements. 8. After any major equipment change in a ciass, the existing record will be retired. POINTS 1. The NJBA Board of Directors will annually sanction at least three (3) events to form the "NJBA National Championship Series." 2. Each sanctioned event may have points competition in each of the following categories: SJ, MJ, CJ, PGJ, UBFJ, BGJ, BFJ, SF, CF, PGF BGF, SH, CH, PGH, BGH,PM,TAF,TAH,TFH 3. Drag races must be run on a certified quarter mile course, and have a minimum of three (3) boats per class to receive awards. 4. Classes with only two (2) boats will receive points and event trophies only. 5. Points will be awarded to the boat number and the owner of that number. 6. A member may put his number on any boat owned by him, but only on one (1) boat for any particular event. Ownership and title must be officially documented at the time of registration. Official documentation will be, at a minimum, a notarized Bill of Sale. 7. Pints cannot be transferred from one number to another, or from one owner to another. 8. Points will count only in the class and type of racing for which they were won. Points may not be transferred between ciasses and types of racing. 9. In the event there are less than three (3) boats registered for any drag class, those boats registered may run in the next higher class and claim points for their class by their order of finish.' 10. Boats that are number one qualifier in their class or bracket will receive 10 points. 11. Boats that are number two qualifiers in their class or bracket will receive 5 points. 12. Boats that set an ET record will receive 5 points. 13. Boats that set a MPH record will receive 5 points. 14. At sanctioned events, registered annual members only will receive points as follows: a. All boats that qualify for a category class or bracket will receive 100 points. b. All boats that win a round of competition will receive 50 points for each round. 15. In drag races, places will be awarded as follows: First winner.................................1" Final Runner-up.......................... ..2nd Semi-Final Runner-up....................3'd Quarter-Final Runner-up.............. ..4th 16. The final NJBA event of each racing year will be called the "NJBA National Championship Finals," and may be a points event. 17. Any dispute over points will be settled by the NJBA Board of Directors. 18. All boats in contention for year-end points must have raced in 51 % of all NJBA points races for that year. In order to be in contention for year-end points, you must have competed in 51 % of the races in that class. 19. In the event of an incomplete race, points will be awarded for the position you received during the last completed round. 'UBFJ, PGF and PGH refer to Rules Committee 2008 NJBA Rulebook 22 of 24 Agenda Item No. 19 Page 26 of 30 AWARDS 1. Upon completion of the racing year, awards will be made to the boat numbers and owners having accumulated the most points in 51 % of the NJBA points events in each of the following categories: a. SJ, MJ, CJ, PGJ, UBFJ, BGJ, BFJ, SF, CF, PGF, BGF, TAF, SH, CH, PGH, BGH, PM, TAH, TFH b. Probationary classes do not receive year-end awards. c. For a boat to be eligible for class award, there must be three (3) or more boats with points toward the award. Note: NJBA's Perpetual Trophy can never be permanently owned by anyone individual. ET BRACKETS ET bracket classes will be semi-professional classes competing within the NJBA. Fuel 1. Any type of fuel may be used in bracket classes. 2. Nitrous oxide is allowed in bracket classes. 3. Flat Bottom v-drive boats may not run nitromethane. Rules 1. Sandbagging is allowed during bracket qualifying and eliminations. 2. First or Worse - The primary objective of each bracket race is to have one winner and one loser with the Race Director having full responsibility on cases involving dual disqualifications. Should a double infraction occur on the same run, the driver committing the major infraction shall be eliminated. The other driver with the lesser offense shall be reinstated. 3. Red Light a. A red light on a bye run or a legal single will not eliminate a boat from competition. b. When both boats in competition red light, the boat that red lights the least will be declared the winner. 4. Break-out a. A break-out on a bye run or legal single will not eliminate a boat from competition b. When both boats in competition break-out, the boat that breaks out the least will be declared the winner. 5. Red Light and Break-out a. When a red light and a break-out occur during the same race, the boat that broke out will be declared the winner. b. In cases where both boats in competition red light and break-out, the boat that red lights the least will be declared the winner. c. In cases where both boats red light and one boat also breaks-out, the boat that has red lit and broke-out will be declared the loser and the other boat the winner. 6. All bracket boats must register into a specific ET bracket on their entry form. a. A boat's best qualifying ET in the bracket it is registered in will be used to pair that boat in the bracket. 2008 NJBA Rulebook 23 of 24 Agenda Item No. 19 Page 27 of 30 b. In the event all of a bracket boat's qualifying runs are quicker or slower than the bracket it is registered in, the boat will be paired as "slow boat" in the bracket for which it has registered. c. Any driver wishing to change the ET bracket in which they are registered, must do so within thirty (30) minutes after the end of qualifying. No changes will be made on Race Day. d. Boats qualifying in a bracket with less than two (2) boats will automatically be placed in the next quickest bracket until a minimum of two (2) boats exist in each bracket. If this cannot be accommodated, no points, trophies, or other awards will be given to brackets with less than two (2) boats competing. ET BRACKETS 14.00 13.00 12.00 11.00 10.50 10.00 9.50 9.00 8.50 8.00 7.50 7.00 6.50 BRACKET INDEXES QUALIFYING TIME 14.00 - Longer 13.00 - 13.999 12.00 - 12.999 11.00 -11.999 10.50 - 10.999 10.00 - 10.499 9.50 - 9.999 9.00 - 9.499 8.50 - 8.999 8.00 - 8.499 7.50 - 7.999 7.00 - 7.499 6.50 - 6.999 BREAK-OUT 13.999 12.999 11.999 10.999 10.499 9.999 9.499 8.999 8.499 7.999 7.499 6.999 6.499 Points and Awards Each bracket class will compete for the year-end High Points Award. 1. Points will be awarded in the same manner as category ciasses and are not transferable. 2. To be eligible for the year-end High Points Award, a member must have competed in 51 % of the NJBA points races in that bracket. 2008 NJBA Rulebook 24 of 24 Agenda Item No. 19 Page 28 of 30 NATIONAL JET BOAT ASSOCIATION Boat Number Entry Form 2008 PLEASE PRINT Driver Age Address City OWNER (Other than driver) State Zip Phone ( Age ) Address City State Zip Phone ( Age ) CO- DRIVER Address City State Zip Phone ( Hull ) Boat Name Cu. In. (Cr. One) Jet Flat Hydro Engine Beneficiary/ Relationship In the event of a win. prize monev should be made pavable to: CLASS DRIVER CO-DRIVER FEES 1) CATEGORY 2) CIRCLE BRACKET DECLARED 7.0 7.5 8.0 8.5 9.0 9.5 10. Other 3) Category or Bracket: $325 or $250 (for entries received on or before the Monday before a race day) $120 4) Bracket: (Maximum 2 entries per boat) 5) Exhibition $250 6) PWC or River Racer $100 (Add line I thm 6) Race Entry Fees Co-Driver: $40 Co-Driver Membership: $250.00 $150.00 Last Two Races PWC or River Racer: $150.00 Send ENTRY FORM with check payable to N.J.B.A. to: Roger Roadstrom 6301 Myrtle Beach Drive Sun Lake Country Club, CA 92220 Membership TOTAL FEES See "Registration" re: Express Mail Bad Check charge $25.00 plus one-year cash basis only. (READ AND SIGN RELEASE OF LIABILITY) Agenda Item No. 19 Page 29 of 30 :>'\;;"',']H'; ';1 HLj\ ,c:d:H,icll (If ;,')11;' '\nEH R!"Li. L 'S S:t;'l'c /\TUR(: (> L!l<)\/ER';) ::;1.;)N !J d. n Agenda Item No. 19 Page 30 of 30 CITY OF .~ LAKE ,&LsiNORf: ~~.::" DREAM EXTREME. CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIRMAN AND AGENCY BOARD MEMBERS FROM: ROBERT A. BRADY CITY MANAGER/EXECUTIVE DIRECTOR DATE: NOVEMBER 25, 2008 SUBJECT: RESOLUTION AUTHORIZING TRANSMITTAL OF THE AMENDED AND RESTATED REDEVELOPMENT PLANS FOR LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III; AND RESOLUTION DETERMINING THAT AMENDED PLANS WILL NOT REQUIRE THE FORMATION OF A PROJECT AREA COMMITTEE Backaround The Redevelopment Agency of the City of Lake Elsinore is vested with the responsibility to carry out the functions and requirements of the California Community Redevelopment Law ("CRL") and to implement the Redevelopment Plans for each of the three Redevelopment Project Areas. The original redevelopment plan ("Original Redevelopment Plan") for Rancho Laguna Redevelopment Project No. I was adopted by Ordinance No. 607 on September 23, 1980 and, thereafter, has been amended three times: by Ordinance No. 624 adopted on July 20, 1981 to add territory ("Added Area"); by Ordinance No. 987 on November 22, 1994 to conform limits to Assembly Bill 1290 (AB 1290); and by Ordinance No.1249 on February 26, 2008 to repeal the debt establishment limit as provided by Senate Bill 211 (SB211), to extend the effectiveness date and time limit to repay debt and collect tax increment as provided by Senate Bill 1045 (SB1045) (for ERAF' payments) and to make certain technical corrections. The original project area ("Original Project Area") and Added Area have separate redevelopment plan effectiveness limits, and limits to repay debt and receive tax increment. The Original Project Area and Added Area have combined tax increment and bond debt limits. The Redevelopment Plan for Rancho Laguna Redevelopment Project No. II was adopted by Ordinance No. 671 on July 18,1983 and, thereafter, has been amended two times by Ordinance No. 987 on November 22, 1994 to conform time limits to AB1290 and by Ordinance NO.1249 on February 26, 2008 to repeal the debt establishment limit 1 Riverside County's Educational Revenue Augmentation Fund Ag~~o. 20 Page 1 of 11 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN UPDATE NOVEMBER 25, 2008 Page 2 for affordable housing debt establishment only as provided by SB211, to extend the effectiveness date and time limit to repay debt and collect tax increment as provided by SB1045 (for ERAF payments), and to make certain technical corrections. The Redevelopment Plan for Rancho Laguna Redevelopment Project No. III was adopted by Ordinance No. 815 on September 8, 1987 and, thereafter, has been amended two times: by Ordinance No. 987 on November 22, 1994 to conform time limits to AB 1290; and by Ordinance No.1249 on February 26, 2008 to repeal the debt establishment limit for affordable housing debt establishment only as provided by SB211 and to extend the effectiveness date and time limit to repay debt, collect tax increment as provided by SB1045 (for ERAF payments), and make certain technical corrections. Discussion Redevelopment Plan Update As noted above, each of the Agency's Redevelopment Plans was originally adopted in the 1980's and the format and presentation is generally outdated. Subsequent amendments have been separately documented and it is difficult to sort through these documents to determine the governing provisions of the Plans. In an effort to improve the "readability" of the Redevelopment Plans and clarify ambiguities that present challenges in implementation, the Agency desires to update the Redevelopment Plans by processing a minor amendment under the provisions of the CRL that will result in an Amended and Restated Plan for each Project Area. This action is consistent with the Agency's 2005-2009 Redevelopment and Housing Implementation Plan which included the following among its Goals and Objectives: "Prepare amendments to each of the Agency's Redevelopment Plans in order to consolidate and update the original plans with previously adopted amendments into a more "user-friendly" single document and to eliminate ambiguities and inconsistencies." The attached proposed Agency Resolution to receive and authorize transmittal of the Amended and Restated Redevelopment Plans will initiate the process to amend and restate each of the Redevelopment Plans. Amended and Restated Redevelopment Plans Each of the proposed Amended and Restated Redevelopment Plans will (i) reflect changes in the CRL that impose additional requirements and restrictions not reflected in the original text, (ii) incorporate all prior amendments, (iii) update the land use provisions, (iv) clarify and restate the time limits and financial limits, and (v) improve the Agemla::..m::No. 20 Page 2 of 11 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN UPDATE NOVEMBER 25, 2008 Page 3 format and presentation of the text and the Project Areas Maps. Once completed, the Amended and Restated Plans will provide the foundation for the Agency to pursue its downtown revitalization, affordable housing and economic development goals and other redevelopment activities. Update Plan Provisions to Current CRL Standards There have been substantial changes in the CRL since the Redevelopment Plans were adopted between 1980 and 1987. Changes include major redevelopment reform legislation in 1993 (Assembly Bill 1290) which among other things determining the amount of tax increment a taxing agency can receive and increased affordable housing production requirements. Some of the changes in legislation only apply to new redevelopment plan adoptions or certain types of amendments but others such as affordable housing production are applicable to all projects with few exceptions. Specific changes that affect the existing redevelopment plans include: . Section 309 Property Acquisition clarifies that the Agency does not have eminent domain authority. . Section 313 Payments to Taxing Agencies were added, which reflect the Agency's current requirement to make statutory pass-throughs as a result of the benefits from eliminating the debt establishment limit with respect to the Rancho Laguna Redevelopment Project No.1. . Section 334 Replacement Housing tracks current requirements that 100% of the replacement housing units be available to persons in same income category or lower. . Section 336 New or Rehabilitated Units Developed within the Project Area describes the Agency's inclusionary housing requirements, which became effective in 1994. . Section 401 Permitted Land Uses references land uses allowed in the General Plan rather than describing in detail permitted land uses and has a provision that the land uses may change as the General Plan is amended from time to time. . Section 417 Non-discrimination and Non-segregation states that discrimination is prohibited and references the applicable sections of the Government Code rather than defining the specific nondiscrimination language to be included in leases and contracts. Ag~~~No.20 Page 3 of 11 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN UPDATE NOVEMBER 25, 2008 Page 4 Incorporation of Past Amendments As described above, Project Area No. I has been amended three times and Project Areas No. II and III have been amended twice. When a Redevelopment Plan is amended, the standard method is to prepare a document (the amendment) which highlights the text of the Plan to be deleted and/or added. After adopting the amendment, it is therefore necessary to reference both the amendment and the original plan when consulting the Redevelopment Plan. In the case of the Project Area No. I, a new Redevelopment Plan was adopted for the Added Area which was intended to amend the Original Redevelopment Plan. Adopting an Amended and Restated Redevelopment Plan for Project Area No. I would eliminate the two separate Redevelopment Plans and replace these Plans with an Amended and Restated Plan that would also include the third amendment. A new Amended and Restated Redevelopment Plans for Project Areas No. II and III would incorporate prior amendments and, therefore, would be easier to reference and avoid potential confusion from consulting the amendments when reading the Redevelopment Plans. The following table summarizes the Redevelopment Plan time and financial limits currently in effect based upon the various amendments. Redevelopment Plan Limits for Project Areas No. I, No. II, and No. III Debt Plan Debt Tax Bond Debt Eminent Establishment Effectiveness Repayment Increment Domain (receipt of tax increment) Project No. I Repealed 9/23/21 9/23/31 expired (Original Area) Adopted 9/23/80 $3 million $30 million Project No. I Repealed 7/20/22 7/20/32 annually for for both expired (Added Area) both areas areas Adopted 7/20/81 Project No. II Repealed for 7/18/24 7/18/34 $15 million $120 expired Adopted 7/18/83 affordable annually million housing debt - non-housing authority exoired Project No. III Repealed for 9/8/28 9/8/38 $20 million $150 expired Adopted 9/8/87 affordable annually million housing debt - Non-housing authority exoired Agemla:'lmm::No. 20 Page 4 of 11 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN UPDATE NOVEMBER 25, 2008 Page 5 Clarify Cumulative Tax Increment Limit The three existing Redevelopment Plans identify tax increment limits on a fiscal year basis. This annual allocation provides certainty in connection with Agency budgeting and the issuance of Agency debt by assuring annual allocations of tax increment throughout the Plan's time limit to repay debt. The proposed Amended and Restated Redevelopment Plans clarify that any shortfall within the allowable annual allocation of tax increment is carried forward to the following year or years and is available to the Agency until the period for receipt of tax increment/repayment of debt has terminated. For example, if the Agency received $2 million in tax increment in a fiscal year from Project No. I which has a $3 million annual limit, the balance of $1 million would roll- over and be applied to future fiscal years such that the Agency could receive up to $4 million during the following fiscal year, assuming the Project Area generated $4 million in tax increment revenues. The Agency cannot receive tax increment in any fiscal year that exceeds the sum of the annual limit plus any unallocated revenues from previous years. Nor can the Agency receive tax increments over the life of the applicable Redevelopment Plan in excess of the aggregate of the annual limits. Project Area Committee (PAC) A Project Area Committee or PAC is an elected advisory body to the Agency and City Council consisting of residents, property owners, businesses and community organizations that are within the boundaries of the Project Area. (Community organizations may be outside the Project Area if they serve the Project Area.) The proposed resolution determining that a Project Area Committee need not be formed will document that this requirement of the CRL is not required for the adoption of the Amended and Restated Redevelopment Plans. A more detailed discussion is set forth below. Section 33385.3 (a) requires that a Project Area Committee be formed if the Agency proposes to amend a redevelopment plan that would do either of the following: 1. Grant the authority to the Agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low-moderate-income persons reside; or 2. Add territory in which a substantial number of low-moderate-income persons reside and grant the authority to the Agency to acquire by eminent domain property on which person reside in the added territory. The proposed Amended and Restated Redevelopment Plans do not propose to grant eminent domain authority or add territory. Therefore, formation of a PAC is not Aga~.tl'J::No. 20 Page 5 of 11 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN UPDATE NOVEMBER 25, 2008 Page 6 required. As an alternative, the Agency will hold an information meeting to make available the proposed Amended and Restated Redevelopment Plans and to obtain the advice of residents, business and community organizations in the Project Areas on adoption of the proposed Amended and Restated Redevelopment Plans. A summary of the community information meeting will be included in the Report to City Council that will be provided to the Agency and City Council prior to the joint public hearing on adoption of the Amended and Restated Redevelopment Plans. CEQA Determination Based on the attached Initial Study, there is no substantial evidence that the adoption of the Amended and Restated Redevelopment Plans may have a significant effect on the environment. Accordingly, the Agency will publish a Notice of Intent to adopt a Negative Declaration and mail the notice with the Initial Study/Negative Declaration to responsible agencies, trustee agencies and County Clerk for a 20-day review period. At the joint public hearing on the adoption of the Amended and Restated Plans, the City and Agency will also hear testimony regarding the Initial Study/Negative Declaration. The Agency and City Council will consider the Initial Study/Negative Declaration, testimony, and all comments received during the public review process prior to action on the adoption of the Amended and Restated Redevelopment Plans. Notice Notice of this meeting was published in accordance with applicable requirements of the Ralph M. Brown Act. Fiscal Impact There is no fiscal impact associated with the adoption of the proposed Amended and Restated Redevelopment Plans. Recommendations 1) City Council adopt the attached Resolution determining that the formation of a Project Area Committee is not required. 2) Agency adopt the attached Resolution accepting the proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III and the Initial Study and Negative Declaration prepared in connection therewith and referring the Amended and Restated Redevelopment Plans and the Initial Study and Negative Declaration to the Planning Commission for its report and recommendation and to all affected taxing entities and other interested persons for their information. Age~0.20 Page 6 of 11 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY REDEVELOPMENT PLAN UPDATE NOVEMBER 25, 2008 Page 7 Prepared by: Barbara Leibold City Attorney/Agency Counsel Robert A. Brady ~ ~ City Manager/Executive Directory-.W Approved by: Age~~o.20 Page 7 of 11 RESOLUTION NO. 200S-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE FINDING AND DETERMINING THAT A PROJECT AREA COMMITTEE NEED NOT BE FORMED IN RELATION TO THE PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLANS FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II AND NO. III WHEREAS, the Lake Elsinore Redevelopment Agency ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ("CRL"); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plans ("Redevelopment Plans") for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No.1, No. II and No. III ("Project Areas") which were adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ("City Council"), by Ordinance No. 607 on September 23, 1980 and thereafter amended by Ordinance No. 624 on July 20, 1981, and Ordinance No. 1249 on February 26,2008 (Project Area No. I), by Ordinance 671 on July 18, 1983 and thereafter amended by Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on February 26, 2008 (Project Area No. II), and by Ordinance No. 815 on September 8, 1987 and thereafter amended by Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on February 26, 2008 (Project Area No. III); and WHEREAS, the Agency desires to amend the Redevelopment Plans for Project Areas No. I ("Fourth Amendment"), No. II ("Third Amendment") and No. III ("Third Amendment") collectively the "Amendments" pursuant to CRL Sections 33450-33458 to incorporate into a single Amended and Restated Redevelopment Plan for each Project Area No. I, No. II and No. III all prior amendments, update the provisions of each Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of each Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plans; and WHEREAS, Section 33385 of the Community Redevelopment Law (CRL) requires that a Project Area Committee (PAC) be formed if: (1) A substantial number of low-income persons or moderate-income persons, or both, reside within the project area, and the redevelopment plan as adopted will contain authority for the agency to acquire, by eminent domain, property on which any persons reside; Agms~l~:t-Jo. 20 Page80f11 Agency Resolution No. 2008-_ Page 3 of 3 (2) The redevelopment plan as adopted contains one or more public projects that will displace a substantial number of low-income persons or moderate- income persons, or both [33385]; and WHEREAS, CRL Section 33385.3 requires, in part: (a) If a project area committee does not exist, and the agency proposes to amend a redevelopment plan, the agency shall establish a project area committee pursuant to Section 33385 if the proposed amendment to a redevelopment plan would do either of the following: (1) Grant the authority to the agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low-and moderate-income persons reside. (2) Add territory in which a substantial number of low- and moderate- income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory; and WHEREAS, the Amended and Restated Redevelopment Plans: 1) do not include the authority to acquire, by eminent domain, property on which any persons reside; 2) the Proposed Public Improvements Maps included in the Amended and Restated Redevelopment Plans have not been amended; and 3) the Proposed Public Improvements Maps do not include any public projects that could cause the displacement of a substantial number of low- moderate-income persons, or both. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that, because: 1) the proposed Amendments as incorporated in the Amended and Restated Redevelopment Plans will not contain authority for the Agency to acquire property by eminent domain; 2) change any of the proposed public improvement projects; and 3) displace a substantial number of low- and moderate-income persons, or both through implementation of the public improvement projects, a Project Area Committee need not be formed in connection with the proposed Amendments. SECTION 2. As a means of complying with other requirements of CRL Sections 33385 and 33385.3, the City Council directs that Agency staff meet with residents, and existing civic and business organizations, as appropriate, to discuss the Amendments and to receive input from residents and members of those organizations. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. 2 A9~_otWi\';No. 20 Page 9 of 11 Agency Resolution No. 2008-_ Page 3 of 3 PASSED, APPROVED, AND ADOPTED this _ day of November, 2008, by the following vote: DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: BARBARA lEIBOLD, CITY ATTORNEY CITY OF lAKE ELSINORE 3 A~2i5c1til~t-lo. 20 Page 10 of 11 Agency Resolution No. 2008-_ Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, , Interim City Clerk of the City Council of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the day of 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE 4 Ag~'l.'Iml':itMti30"t-lo. 20 Page 11 of 11