HomeMy WebLinkAboutSA Agenda Packet 08-13-2013 (1)SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
AGENDA
ROBERT MAGEE, CHAIR
NATASHA JOHNSON, VICE -CHAIR
BRIAN TISDALE, AGENCY MEMBER
DARYL HICKMAN, AGENCY MEMBER
STEVE MANOS, AGENCY MEMBER
GRANT YATES, EXECUTIVE DIRECTOR
W W W.LAKE-ELS INORE.ORG
(951) 674-3124 PHONE
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT (EVMWD) BOARDROOM
31315 CHANEY STREET
LAKE ELSINORE, CA 92530
..................................................................................
TUESDAY, AUGUST 13, 2013
CLOSED SESSION at 5:00 p.m. - POSTPONED TO 6:00 P.M.
CLOSED SESSION at 6:00 p.m.
PUBLIC SESSION at 7:00 p.m.
EVMWD Boardroom
31315 Chaney St., Lake Elsinore
EVMWD Boardroom
31315 Chaney St., Lake Elsinore
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 41h 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.
Due to the seismic retrofit of the Cultural Center, the City Council has moved its regular meeting
location to the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315
Chaney Street, Lake Elsinore. All parking for these meetings is free and is located along Treleven
Avenue or at the gravel parking lot on the northwest corner of Treleven and Gedge Avenue. 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 website at www.lake-elsinore.org. Any
writings distributed within 72 hours of the meeting will be made available to the public at the time it
is distributed to the City Council.
In compliance with the Americans with Disabilities Act, any person with a disability who requires a
modification or accommodation in order to participate in a meeting should contact the City Clerk's
Office at (951) 674-3124 Ext. 262, at least 48 hours before the meeting to make reasonable
arrangements to ensure accessibility.
Successor Agency Agenda Page 2 of 3
Meeting of August 13, 2013
CALL TO ORDER 5:00 P.M. — POSTPONED TO 6:00 P.M.
CALL TO ORDER 6:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore
PUBLIC COMMENT
SUCCESSOR AGENCY CLOSED SESSION
(SA1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov't Code Section 54956.8)
Property: APN #373-210-030
Agency negotiator: Executive Director Yates and Agency Counsel Leibold
Negotiating parties: Successor Agency and Civic Partners Elsinore LLC
Under negotiation: Price and terms of payment
CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore
ROLL CALL
CLOSED SESSION REPORT
PRESENTATIONS/CEREMONIALS
None
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE
(Please read & complete a Request to Address the Successor Agency form prior to the start of the meeting
and turn it into the Agency Clerk. The Chair will call on you to speak.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved in one motion, unless an Agency Member or any member
of the public requests separate action on a specific item.)
(SA2) Approval of Minutes
Recommendation: It is recommended that the Successor Agency approve the
Minutes of the Regular Successor Agency Meeting of July 23, 2013.
(SA2) Warrant List dated July 25 2013
Recommendation: It is recommended that the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List
dated July 25, 2013.
Successor Agency Agenda
Meeting of August 13, 2013
PUBLIC HEARING(S)
None
APPEAL(S)
None
BUSINESS ITEM(S)
None
Page 3 of 3
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES
(Please read & complete a Request to Address the Successor Agency form prior to the start of the meeting
and turn it in to the Agency Clerk. The Chair will call on you to speak.)
EXECUTIVE DIRECTOR COMMENTS
LEGAL COUNSEL COMMENTS
AGENCY MEMBER COMMENTS
ADJOURNMENT
The Successor Agency of the Redevelopment Agency of the City of Lake Elsinore will
adjourn this meeting to the next regularly scheduled meeting of Tuesday, August 27, 2013.
The regular Closed Session meeting will be held at 5:00 p.m. at City Hall and the regular
Public meeting will be held at 7:00 p.m. at the Elsinore Valley Municipal Water District
(EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, CA.
AFFIDAVIT OF POSTING
I, Virginia J. Bloom, Agency Clerk, do hereby affirm that a copy of the foregoing agenda
was posted at City Hall 72 hours in advance of this meeting.
`Virginia T. BCoom
Virginia Bloom, Agency Clerk
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
ROBERT MAGEE, MAYOR
WWW.LAKE-ELSINORE.ORG
NATASHA JOHNSON, MAYOR PRO TEM
(951) 674-3124 PHONE
BRIAN TISDALE, COUNCIL MEMBER
ELSINORE VALLEY MUNICIPAL WATER
DARYL HICKMAN, COUNCIL MEMBER
DISTRICT (EVMWD) BOARDROOM
STEVE MANOS, COUNCIL MEMBER
31315 CHANEY STREET
GRANT YATES, CITY MANAGER
LAKE ELSINORE, CA 92530
..................................................................................
TUESDAY, AUGUST 13, 2013
CLOSED SESSION at 5:00 p.m. — NONE
PUBLIC SESSION at 7:00 p.m.
City Hall
130 S. Main St., Lake Elsinore
EVMWD Boardroom
31315 Chaney St., Lake Elsinore
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 4t" 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.
Due to the seismic retrofit of the Cultural Center, the City Council has moved its regular
meeting location to the Elsinore Valley Municipal Water District (EVMWD) Boardroom
located at 31315 Chaney Street, Lake Elsinore. All parking for these meetings is free and is
located along Treleven Avenue or at the gravel parking lot on the northwest corner of
Treleven and Gedge Avenue. 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 website at
www.lake-elsinore.org. Any writings distributed within 72 hours of the meeting will be
made available to the public at the time it is distributed to the City Council.
In compliance with the Americans with Disabilities Act, any person with a disability who
requires a modification or accommodation in order to participate in a meeting should
contact the City Clerk's Office at (951) 674-3124 Ext. 262, at least 48 hours before the
meeting to make reasonable arrangements to ensure accessibility.
City Council Agenda Page 2 of 6
Meeting of August 13, 2013
CALL TO ORDER 5:00 P.M.
CITY COUNCIL CLOSED SESSION
None
CALL TO ORDER - 7.00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore
PLEDGE OF ALLEGIANCE
INVOCATION — MOMENT OF SILENT PRAYER
ROLL CALL
CLOSED SESSION REPORT
PRESENTATIONS / CEREMONIALS
Update on Falls Fire by City Fire Chief
Introduction of new City Police Lt. David Knudson
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE
(Please read & complete a Request to Address the City Council form prior to the start of the City Council
meeting and turn it into the City Clerk. The Mayor will call on you to speak.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member
of the public requests separate action on a specific item.)
(1) Approval of Minutes
Recommendation: It is recommended that the City Council approve the Minutes of
the Regular City Council Meeting of July 23, 2013.
(2) Warrant List dated July 25, 2013
Recommendation: It is recommended that the City Council receive and file the
Warrant list dated July 25, 2013.
City Council Agenda
Meeting of August 13, 2013
Page 3 of 6
(3) Industrial Design Review No.,2013-01 — A Request for a 7,500 Square foot
Warehouse/Manufacturing Building Addition and Associated Improvements to an
Existing Industrial Building Located at 403 Minthorn Street.
Recommendation: It is recommended that the City Council adopt Resolution No.
2013-049 A Resolution of the City Council of the City of Lake Elsinore, California.
Approving Industrial Design Review No. 2013-01; A Request to Add a 7,500 Square -
Foot Addition to the Existing Thermal Electronics, Inc. Industrial Building Located at
403 Minthorn Street.
(4) Residential Design Review No 2013-03 - A Request by Ryland Homes for Approval
of Building Designs for 106 Single -Family Detached Residential Units Including a
Model Home Complex and Related Improvements for a Housing Project Located
Within the SUmmerly Development of the East Lake Specific Plan
Recommendation: It is recommended that the City Council:
(A) Adopt Resolution No. 2013-050 A Resolution of the City Council of the City of
Lake Elsinore Adopting Findings that the Project is consistent with the Multiple
Species Habitat Conservation Plan (MSHCP); and
(B) Adopt Resolution No. 2013-051 A Resolution of the City Council of the City of
Lake Elsinore Approving Residential Design Review No. 2013-03, based on the
Findings and Exhibits, and subject to the attached Conditions of Approval.
(5) Community Facilities District No 2005-2 (Alberhill Ranch) Improvement Area B:
Altering the Rate and Method of Apportionment of Special Taxes and Reducing
Maximum Bond Authorization
Recommendation: It is recommended that the City Council adopt Resolution No.
2013-052 of Consideration to alter the rate and method of apportionment of an
existing special tax relating to Improvement Area B of City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch).
(6) Location of Country Club Heights Survey Benchmarks Contract Award
Recommendation: It is recommended that the City Council:
(A) Award the professional contract to KDM Meridian in the amount of $35,000 for
the replacement of survey benchmarks in Country Club Heights area; and
(B) Authorize the Mayor to execute the contract with KDM Meridian.
City Council Agenda Page 4 of 6
Meeting of August 13, 2013
(7) Annual Slurry Seal Program Summerhill Drive from Canyon Estates to Via De La
Valle Prosect No. 4391
Recommendation: It is recommended that the City Council Award the Annual Slurry
Seal Program for Summerhill Drive (Canyon Estates Drive to Via De La Valle) to
Pavement Coating Company in the amount of $213,932.00 with a 10% contingency.
(8) City Project No 4375 Speed Reader/Feedback Signs Program Supplement
Agreement No N007 to Administering Agency -State Agreement No. 08-5074R for
Federal Aid Projects
Recommendation: It is recommended that the City Council
(A) Adopt Resolution No. 2013-053 approving and authorizing execution of the
Federal Safe Routes to School (SRTSL-5074(014)) Program Supplement
Agreement No. N007 to Administering Agency -State Agreement No. 08-5074R and
all subsequent SRTSL-5074(014) project specific Program Supplements;
(B) Authorize the City Manager to sign SRTSL-5074(014) Program Supplement No.
N007 and all subsequent SRTSL-5074(014) project specific Program Supplement
Agreements; and
(C) Authorize the City Clerk to return the signed agreement, in duplicate, to Caltrans
Office of Local Programs for execution.
(9) Award of Contract to Bucknam & Associates for Pavement Management Program
Recommendation: It is recommended that the City Council authorize the City
Manager to execute a three year service contract (including annual reviews by staff
and approval by City Council) with Bucknam & Associates for pavement condition
and preservation recommendations.
PUBLIC HEARINGS
(10) Specific Plan Amendment No 2013-02 — The Tenth Amendment to the East Lake
Specific Plan to (1) Change the Land Use Designation of Planning Area 46 From
Open Space to Residential -1 Which Allows Up to 6 Dwelling Units Per Acre. The
Total Number of Residential Units in the Approved East Lake Specific Plan Will Not
Change; and (2) to Amend the Design Review Process to Designate the Planning
Commission as the Final Decision -Maker on Residential Design Review Projects.
Revision to Tentative Tract Map No. 31920 — Consistent With the Proposed Specific
Plan Amendment change in the Land Use Designation of Planning Area 46 from
Open Space to Residential -1 which allows up to 6 Dwelling Units Per Acre; a
Revision to Tentative Tract Map No 31920 is Proposed to Create 17 Single -Family
Residential Lots Environmental Clearance for the Projects are Provided by the Final
EIR for the East Lake Specific Plan in Conformance with the California
Environmental Quality Act (CEQA
City Council Agenda Page 5 of 6
Meeting of August 13, 2013
Recommendation: It is recommended that the City Council:
(A) Waive further reading and introduce by title only Ordinance No. 2013-1316 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
APPROVING SPECIFIC PLAN AMENDMENT NO. 2013-02, AMENDMENT NO. 10,
TO THE EAST LAKE SPECIFIC PLAN, by roll call vote;
(B) Adopt Resolution No. 2013-055 Resolution of the City Council of the City of
Lake Elsinore Approving a Revision to Tentative Tract Map No. 31920, subject to the
recommended Conditions of Approval.
(11) Resolution of the City Council of the City of Lake Elsinore California, Establishing
Underground Utility District No 3 Lakeshore Drive from Mohr Street to Chaney
Street
Recommendation: It is recommended that the City Council adopt the Resolution
No. 2013-054 Resolution of the City Council of the City of Lake Elsinore, California,
declaring the formation of Underground Utility District No. 3, Lakeshore Drive from
Mohr Street to Chaney Street, and ordering removal and undergrounding of poles,
overhead wires, and associated overhead structures.
APPEAL(S)
None
BUSINESS ITEMS)
(12) Lake Use Fees for Motorized and Non -Motorized Vessels
Recommendation: It is recommended that the City Council authorize a temporary
waiver of Lake Use fees for non -motorized vessels that are not required to be
registered by the Department of Motor Vehicles, effective immediately and
terminating December 31, 2013.
(13) Ordinance Amending Chapter 2.46 of the Lake Elsinore Municipal Code Regarding
Public Safety Advisory Commission• and Recruitment for the Public Safety Advisory
Commission
Recommendation: It is recommended that the City Council take the following actions
in regards to the Public Safety Advisory Commission:
(A) Waive further reading and introduce by title only Ordinance No. 2013-1317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.46 PUBLIC SAFETY ADVISORY
COMMISSION; and
(B) Review the proposed timeline and direct staff to complete the recruitment to
fill existing vacancies on the Commission.
City Council Agenda
Meeting of August 13, 2013
Page 6 of 6
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES
(Please read & complete a Request to Address the City Council form prior to the start of the City Council
Meeting and turn it in to the City Clerk. The Mayor will call on you to speak.)
CITY MANAGER COMMENTS
2013 Perpetual Calendar
CITY ATTORNEY COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT
The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled
meeting of Tuesday, August 27, 2013. The regular Closed Session meeting will be held at
5:00 p.m. at City Hall and the regular Public meeting will be held at 7:00 p.m. at the
Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney
Street, Lake Elsinore, CA.
AFFIDAVIT OF POSTING
I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of
the foregoing agenda was posted at City Hall 72 hours in advance of this meeting.
Virginia J. Bloom
Virginia J. Bloom, City Clerk
CITY OF LAKE ELSINORE
MEMORANDUM
TO: Mayor & City Council
City Attorney
City Manager
FROM: Virginia Bloom, City Clerk
DATE: August 8, 2013
SUBJECT: Closed Session Reminder
REMINDER that Closed Session for the Successor Agency will be held at 6:00 p.m. at the
EVMWD Boardroom and not at City Hall. This schedule has been arranged to accommodate the
ribbon cutting event at.) ersey Mikes scheduled for 4:00 p.m.
Please do not hesitate to ask should you have any questions. We look forward to seeing you then.
Thank you.
CITY OF -
6:,.
LADE LSINOKE
DREAM EXTREME
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CITY CLERK'S DEPT.
2013 PERPETUAL
CALENDAR
(Subject to change)
Aug 14 Wednesday
5:00 p.m. CITIZEN CORP COUNCIL - Cancelled
6:00 p.m. PUBLIC SAFETY ADVISORY COMMISSION -Cancelled
Aug 15 Franchise Workshop: How Do I Become an Owner
Aug 17 Studio 395 Presents: Al Fresco Music/Dance & Live Art in City Park
Aug 20 Tuesday
PLANNING COMMISSION (Senior Center)
6:00 p.m. Minor Design Review at Pottery Street
Residential Design Review No. 2013-01 Revision of Conditions
Aug 22 Mayor's State of Our City Address at the Diamond Club
Aug 24 Canyon Lake Wakeboard Club
Aug 27 Tuesday
CITY COUNCIL (EVMWD Boardroom)
3:45 p.m. Oversight Board Meeting (Conf. Room A)
5:00 p.m. Closed Session (Conf. Room A) — City Manager Evaluation
7:00 p.m. Presentations
2014-21 Housing Element and General Plan Amend No. 2013-02 (PH)
Approval of Tax Defaulted Property Sale
Investment Reports
2nd Reading and adoption of Ordinance 1316
2nd Reading and adoption of Ordinance 1317
City Departmental Monthly Reports
Sep 2 LABOR DAY — City Hall Closed
Sep 3 Tuesday
PLANNING COMMISSION - Cancelled
Sep 10 Tuesday
CITY COUNCIL (EVMWD Boardroom)
3:45 p.m. Oversight Board Meeting (Conf. Room A)
5:00 p.m. Closed Session (Conf. Room A)
7:00 p.m. Presentations — LEMSAR Recognition; Posse Introduction
Historical Preservation Ad Hoc Committee Report (Business)
Cancellation of Nov + Dec meeting dates
Last Updated: August 8, 2013
Sep 11 Wednesday
5:00 p.m. CITIZEN CORP COUNCIL (Senior Center)
6:00 p.m. PUBLIC SAFETY ADVISORY COMMISSION (Senior Center)
Sep 17 Tuesday
PLANNING COMMISSION (Senior Center)
6:00 p.m.
Sep 24 Tuesday
CITY COUNCIL (EVMWD Boardroom)
3:45 p.m. Oversight Board Meeting (Conf. Room A)
5:00 p.m. Closed Session (Conf. Room A)
7:00 p.m. Presentations
City Departmental Monthly Reports
Oct 1 Tuesday
PLANNING COMMISSION (Senior Center)
6:00 P.M.
Oct 8 Tuesday
CITY COUNCIL (EVMWD Boardroom)
3:45 p.m. Oversight Board Meeting (Conf. Room A)
5:00 p.m. Closed Session (Conf. Room A)
7:00 p.m. Presentations
Oct 9 Wednesday
6:00 p.m. PUBLIC SAFETY ADVISORY COMMISSION (Senior Center)
Oct 10 Thursday
7:00 p.m. CITIZEN CORP COUNCIL Special Quarterly Meeting (Senior Center)
Oct 14 COLUMBUS DAY — City Hall Closed
Oct 15 Tuesday
PLANNING COMMISSION (Senior Center)
6:00 p.m.
Oct 22 Tuesday
CITY COUNCIL (EVMWD Boardroom)
3:45 p.m. Oversight Board Meeting (Conf. Room A)
5:00 p.m. Closed Session (Conf. Room A)
7:00 p.m. Presentations
City Departmental Monthly Reports
Nov 5 Tuesday
PLANNING COMMISSION (Senior Center)
6:00 p.m.
Nov 11 VETERANS' DAY — City Hall Closed
Last Updated: August 8, 2013 2
Nov 12 Tuesday
CITY COUNCIL (EVMWD Boardroom)
3:45 p.m. Oversight Board Meeting (Conf. Room A)
5:00 p.m. Closed Session (Conf. Room A)
7:00 p.m. Presentations
Nov 13 Wednesday
5:00 p.m. CITIZEN CORP COUNCIL (Senior Center)
6:00 p.m. PUBLIC SAFETY ADVISORY COMMISSION (Senior Center)
Nov 19 Tuesday
PLANNING COMMISSION (Senior Center)
6:00 p.m.
Nov 26 Tuesday
CITY COUNCIL (EVMWD Boardroom — Possibly Cancelled)
3:45 p.m. Oversight Board Meeting (Conf. Room A)
5:00 p.m. Closed Session (Conf. Room A)
7:00 p.m. Presentations
City Departmental Monthly Reports
Nov 28 THANKSGIVING DAY — City Hall Closed
Nov 29 THANKSGIVING DAY AFTER -- City Hall Closed
Dec 3 Tuesday
PLANNING COMMISSION (Senior Center)
6:00 p.m.
Dec 10 Tuesday
CITY COUNCIL (EVMWD Boardroom)
3:45 p.m. Oversight Board Meeting (Conf. Room A)
5:00 p.m. Closed Session (Conf. Room A)
7:00 p.m. Presentations
City Council Reorganization (Business)
Dec 11 Wednesday
5:00 p.m. CITIZEN CORP COUNCIL (Senior Center)
6:00 p.m. PUBLIC SAFETY ADVISORY COMMISSION (Senior Center)
Dec 17 Tuesday
PLANNING COMMISSION (Senior Center)
6:00 p.m.
Dec 24 Tuesday
CITY COUNCIL (EVMWD Boardroom — Possibly Cancelled)
3:45 p.m. Oversight Board Meeting (Conf. Room A)
5:00 p.m. Closed Session (Conf. Room A)
7:00 p.m. Presentations
City Departmental Monthly Reports
Dec 25 CHRISTMAS DAY — City Hall Closed
Last Updated: August 8, 2013 3
Jan 1 NEW YEAR'S DAY — City Hall Closed
Jan All City meetings return to regular location of Cultural Center
Jan 7 Tuesday
PLANNING COMMISSION
6:00 p.m.
Jan 14 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session — City Clerk Evaluation
7:00 p.m. Presentations
Jan 20 MARTIN LUTHER KING DAY — City Hall Closed
Jan 21 Tuesday
PLANNING COMMISSION
6:00 p.m.
Jan 28 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Feb 4 Tuesday
PLANNING COMMISSION
6:00 p.m.
Feb 11 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session — City Manager Evaluation
7:00 p.m. Presentations
Feb 17 PRESIDENTS' DAY — City Hall Closed
Feb 18 Tuesday
PLANNING COMMISSION
6:00 p.m.
Feb 25 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Last Updated: August S, 2013 4
Mar 4 Tuesday
PLANNING COMMISSION
6:00 p.m.
Mar 11 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session —City Attorney Evaluation
7:00 p.m. Presentations
Mar 18 Tuesday
PLANNING COMMISSION
6:00 p,m.
Mar 25 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Apr 1 Tuesday
PLANNING COMMISSION
6:00 P.M.
Apr 8 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Apr 9 City's 1261h Birthday
Apr 15 Tuesday
PLANNING COMMISSION
6:00 p.m.
Apr 22 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
May 6 Tuesday
PLANNING COMMISSION
6:00 p.m.
May 13 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Last Updated: August 8, 2013 5
May 20 Tuesday
PLANNING COMMISSION
6:00 p.m.
May 26 MEMORIAL DAY — City Hall Closed
May 27 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Jun 3 Tuesday
PLANNING COMMISSION
6:00 p.m.
Jun 10 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Resolutions (3) Calling General Election
Jun 17 Tuesday
PLANNING COMMISSION
6:00 p.m.
Jun 24 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Jul1 Tuesday
PLANNING COMMISSION
6:00 p.m.
Jul 4 INDEPENDENCE DAY — City Hall Closed
Ju18 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Ju115 Tuesday
PLANNING COMMISSION
6:00 p.m.
Ju122 Tuesday
CITY COUNCIL
Last Updated: August 8, 2013 6
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Aug 5 Tuesday
PLANNING COMMISSION
6:00 p.m.
Aug 12 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session — City Manager Evaluation
7:00 p.m. Presentations
Aug 19 Tuesday
PLANNING COMMISSION
6:00 p.m.
Aug 26 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Sep 1 LABOR DAY — City Hall Closed
Sep 2 Tuesday
PLANNING COMMISSION
6:00 p.m.
Sep 9 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Sep 16 Tuesday
PLANNING COMMISSION
6:00 P.M.
Sep 23 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Oct 7 Tuesday
PLANNING COMMISSION
6:00 p.m.
Oct 13 COLUMBUS DAY — City Hall Closed
Last updated: August S, 2013 7
Oct 14 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Oct 21 Tuesday
PLANNING COMMISSION
6:00 p.m.
Oct 28 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Nov 4 ELECTION DAY
Nov 4 Tuesday
PLANNING COMMISSION
6:00 p.m.
Nov 11 VETERANS' DAY — City Hall Closed
Tuesday
CITY COUNCIL (Possibly cancelled)
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Nov 18 Tuesday
PLANNING COMMISSION
6:00 p.m.
Nov 25 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5;00 p.m. Closed Session
7:00 p.m. Presentations
Nov 27 THANKSGIVING DAY — City Hall Closed
Nov 28 THANKSGIVING DAY AFTER — City Hall Closed
Dec 2 Tuesday
PLANNING COMMISSION
6:00 p.m.
Dec 9 Tuesday
CITY COUNCIL
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
Last Updated: August 8, 2013 8
7:00 p.m. Presentations
Dec 16 Tuesday
PLANNING COMMISSION
6:00 p.m.
Dec 23 Tuesday
CITY COUNCIL (Possibly cancelled)
3:45 p.m. Oversight Board Meeting
5:00 p.m. Closed Session
7:00 p.m. Presentations
Dec 25 CHRISTMAS DAY — City Hall Closed
Jan 1 NEW YEAR'S DAY — City Hall Closed
Last Updated: August 8, 2013 9
i
AGENDA COVER SHEET
MEETING OF
_'?)
41
City Council Redevelopment Agency Other
i
DEPARTMENT:
KI CONSENT:
APPEAL
BUSINESS:
RESOLUTION: El ORDINANCES F--] PUBLIC HEARING
ATTACHMENTS:
Report emailed to Clerk
■ a a a a f a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 1 a a a a a a a a a a a a a a a a
FOLLOW UP DIRECTION:
■ a a a a a a a a a a f a a a a a a a .. r r a l a a t o a a a a a a a a a a a a a a i a a a r r a a a a a a a a a a a a a a a a a a a a a a a l
Submitted by: �� Date: 7
Approved by:
r`
Department Head: [� D Date:
Finance Director: Date:
City Manager: Date:
C I Pt_ Y OF
LAKE LNKE
1 REAM EXTREME
�w
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: VIRGINIA J. BLOOM, CITY CLERK
DATE: AUGUST 13, 2013
SUBJECT: APPROVAL OF MINUTES
Recommendation
It is recommended that the City Council approve the Minutes as submitted.
Discussion
The following minutes are submitted for approval:
a. Regular City Council meeting of July 023, 2013
Prepared by: Diana Gutierrez ft
Deputy City Clerk
Approved and
Submitted by: Virginia J. Bloom OW -
City Clerk
Approved by: Grant Yates
City Manager
AGENDA ITEM NO. 1
Page 1 of 10
Page 2 of 10
MINUTES
CITY COUNCIL
REGULAR MEETING
CITY OF LAKE ELSINORE
EVMWD BOARDROOM, 31315 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JULY 23, 2013
.........................................................................................................
CALL TO ORDER 5:00 P.M. — City Hall, 130 S. Main St., Lake Elsinore, CA
Mayor Magee called the meeting to order at 5:00 p.m.
ROLL CALL
PRESENT: Mayor Magee
Mayor Pro Tem Johnson
Council Member Hickman
Council Member Manos
Council Member Tisdale
Also present: City Attorney Leibold, City Manager Yates, and City Clerk Bloom.
PUBLIC COMMENT
None
CITY COUNCIL CLOSED SESSION
(1A) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9: (1 potential case)
(1 B) CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Gov't Code § 54956.9)
AMERICAN HUMANIST ASSOCIATION vs. CITY OF LAKE ELSINORE
Case No. EDCV 13-00989
City Attorney Leibold announced that the City Council would be meeting in Closed Session
to discuss Agenda Item Nos. (1A) and (1 B).
The City Council recessed to Closed Session at 5:01 p.m.
Page 3 of 10
Regular City Council Minutes
Meeting of July 23, 2013
Page 2 of 8
CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore
Mayor Magee called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Council Member Hickman led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Magee
Mayor Pro Tem Johnson
Council Member Hickman
Council Member Manos
Council Member Tisdale
Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative
Services Director Riley, Community Development Director Taylor, Planning Manager
MacHott, Lake, Parks, and Recreation Director Kilroy, Public Works Director Seumalo,
Police Chief Kennedy -Smith, Fire Chief Barr, and Deputy City Clerk Gutierrez.
CLOSED SESSION REPORT
City Attorney Leibold announced that the City Council met in Closed Session to discuss
Agenda Item Nos. (1A) and (1 B) and that there was no reportable action taken.
PRESENTATIONS / CEREMONIALS
None
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE
Chris Hyland, resident, announced the NAACP event "An Evening in the Park" on August
10, 2013, from 2:00 p.m. to 8:00 p.m. at Town Square Park in the City of Murrieta.
Mayor Magee announced requests to pull Agenda Item Nos. 7 and 9; therefore those two
items were pulled from the Consent Calendar for discussion.
CONSENT CALENDAR
(2) Approval of Minutes
Recommendation: It is recommended that the City Council approve the Minutes of
the Regular City Council Meeting of July 9, 2013.
Page 4 of 10
Regular City Council Minutes
Meeting of July 23, 2013
(3) Warrant List dated July 11, 2013
Page 3 of 8
Recommendation: It is recommended that the City Council receive and file the
Warrant list dated July 11, 2013.
(4) Investment Report for the Month of June 2013
Recommendation: It is recommended that City Council receive and file report.
(5) Resolution To Approve Placing Delinquent Refuse Bills on FY 2013-2014 Tax Roll
Recommendation: It is recommended that the City Council adopt Resolution No.
2013-046 and instruct Staff to file with the Riverside County Auditor a certified copy
along with the 120 -days past due accounts report.
(6) Resolution To Approve Placing Delinquent Weed Abatement Invoices on Tax Roll
Recommendation: It is recommended that the City Council adopt Resolution 2013-
047 for Weed Abatement Cost Recovery and direct staff to place special
assessments against the properties listed in Exhibit A.
(8) Notice of Completion Sumner and Heald Avenue Pavement Rehabilitation Phase I and
Phase II Project No. 4349
Recommendation: It is recommended that the City Council: A) Accept the
improvements into the City Maintained System; B) Direct staff to file the Notice of
Completion with the County Recorder; and C) Direct staff to release all retention
monies 35 days after the filing of the Notice of Completion.
Motion by Council Member Hickman, seconded by Council Member Manos, to approve the
Consent Calendar, less Agenda Item Nos. 7 and 9, passed by unanimous vote.
CONSENT ITEMS PULLED
(7) Annual Streetscape Maintenance Contract FY 2013/14
Recommendation: It is recommended that the City Council: A) Approve the Services
Contract between the City and Excel Landscape for maintenance of all City
streetscapes identified in Exhibit B of the Contract documents for the amount not to
exceed $170,000.00 per year; and B) Approve a four (4) year contract with
extensions upon successful annual review and recommendation by staff.
Ashley Andrews, Accounts Manager for CTAI Pacific Greenscape, expressed her concerns
regarding the termination of the contract. Ms. Andrews felt the company is being terminated
without cause and were not given a fair opportunity to work with the City.
Shuntele Andrews, CTAI representative, addressed the Council by asking for transparency
as to how City contracts are awarded and monitored. She felt the termination of the
Page 5 of 10
Regular City Council Minutes Page 4 of 8
Meeting of July 23, 2013
contract was a personal issue and not about their true performance. Ms. Andrews asked for
more oversight and monitoring of the Public Works Department and its Weed Abatement
Division.
Public Works Director Seumalo stated that staff is recommending to award a contract to
Excel Landscape for maintenance of all City right-of-way landscaping. He informed that he
had spoken to Ms. Ashley Andrews on several occasions and disagreed with her
statements. Director Seumalo explained that the contract was being terminated without
cause. He explained that the initial contract was going to be awarded to Excel Landscape
but there was a misstep in the bid process; therefore, the project went out to rebid and
CTAI Pacific Greenscape came in as the lowest responsible bid and was awarded the
contract in December of last year.
Council Member Hickman inquired regarding the safety and performance issues that were
deemed substandard. Public Works Director Seumalo responded there was an accident on
Railroad Canyon Road involving CTAI Pacific Greenscape. Ashley Andrews stated that the
accident was not the negligence of their company and explained that their vehicle was rear
ended before anyone got out the vehicle.
Council Member Tisdale commented that it would have been helpful if the materials
provided by CTAI Pacific Greenscape would have been submitted earlier for Council to
review. He also stated that he did not see any documentation that would suggest that CTAI
Pacific Greenscape intended to beautify the City. He stated CTAT Pacific Greenscape had a
scope of work, but the materials they submitted seemed to imply that the company had to
be told what to do by staff.
Ms. Shuntele Andrews asked why CTAI Pacific Greenscape was not afforded allocated
funds to provide clean up services. Ms. Andrews also asked Council to take a closer look
at the bid award process.
City Manager Yates clarified that the contract is for one (1) year with extensions upon
successful annual performance evaluations that are presented to Council.
Motion by Council Member Manos, seconded by Mayor Magee, to approve the Services
Contract between the City and Excel Landscape for maintenance of all City streetscapes
identified in Exhibit B of the Contract documents for the amount not to exceed $170,000.00
per year; and approve a one (1) year contract with extensions upon successful annual
review and recommendation by staff.
Mayor Magee asked Public Works Director Seumalo if Excel Landscape fails to perform or
if there are any issues between staff and Excel Landscape, would they be terminated.
Public Works Director responded in the affirmative. Mayor Magee requested that a
performance evaluation be presented to Council in four (4) months.
The motion passed by unanimous vote
Page 6 of 10
Regular City Council Minutes Page 5 of 8
Meeting of July 23, 2013
(9) Administering Agency — State Master Agreement and Program Supplement No N006
for Federal Aid Projects
Recommendation: It is recommended that the City Council: A) Adopt Resolution
No. 2013-048 approving and authorizing execution of the "Master Agreement,
Administering Agency -State Agreement for Federal -Aid Projects" No. 08-5074 and
"Program Supplement No. N006" thereto; B) Authorize the City Manager to sign the
Master Agreement, Program Supplement No. N006 and all subsequent specific
Program Supplements to said agreement; and C) Authorize the City Clerk to return
the signed agreement, in duplicate, to Caltrans Office of Local Programs for
execution.
Public Works Director Seumalo provided a presentation to Council
Mayor Magee asked what the proposed design width of the channel would be. Public
Works Director Seumalo responded approximately 96 feet from Lake Street past the bridge
with an outlet structure for energy dissipation for the water to go through. He stated that
staff prepared a preliminary environmental study as a part of the City's application to
Caltrans, which is a requirement for the funding. Mayor Magee asked how the property
owner would be compensated. Director Seumalo responded there was no compensation
anticipated as the City is formalizing a creek that is already in existence and narrowing it,
making this property a buildable lot. Mayor Magee commented that the property owner
would be getting an improved piece of property that he will be able to build on.
Council Member Tisdale asked about the rest of the road. Director Seumalo responded
that the City limits are at the edge of the bridge and that is where the improvements would
end. Council Member Tisdale asked if the portion of the road, about a tenth of a mile, that
leads to the bridge is going to be two lanes leading into a four lane bridge. Director
Seumalo responded that the proposal is for the road to go from the intersection through the
bridge and would be two lanes as it leaves the City.
Mayor Magee stated the funding for the design is 70% from the federal government and
30% from the local TUMF program. Director Seumalo responded in the affirmative. Mayor
Magee asked about the funding for the construction. Director Seumalo responded that the
City is applying for the same bridge replacement funds and that the City will start the
funding request process once it gets further along in the designs of the project. Mayor
Magee asked if the bridge would be completed in four (4) years. Director Seumalo
responded in the affirmative.
Motion by Council Member Tisdale, seconded by Council Member Hickman, to adopt
Resolution No. 2013-048 approving and authorizing execution of the "Master Agreement,
Administering Agency -State Agreement for Federal -Aid Projects" No. 08-5074 and
"Program Supplement No. N006" thereto; authorize the City Manager to sign the Master
Agreement, Program Supplement No.N006 and all subsequent specific Program
Supplements to said agreement; and authorize the City Clerk to return the signed
agreement, in duplicate, to Caltrans Office of Local Programs for execution, passed by
unanimous vote.
Page 7 of 10
Regular City Council Minutes
Meeting of July 23, 2013
PUBLIC HEARING(S)
None
APPEAL(S)
None
BUSINESS ITEM(S)
(10) Second Reading and Adoption of Ordinance No. 2013-1314
Page 6 of 8
Recommendation: It is recommended that the City Council waive further reading and
adopt by title only Ordinance No. 2013-1314 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING SPECIFIC PLAN
AMENDMENT NO. 2013-01, AMENDMENT NO. 4 TO THE LAKE ELSINORE
OUTLET CENTER SPECIFIC PLAN by roll -call vote.
Motion by Council Member Tisdale, seconded by Council Member Hickman, to adopt by
title only Ordinance No. 2013-1314.
City Clerk Bloom read into the record Ordinance No. 2013-1314 AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING SPECIFIC PLAN
AMENDMENT NO. 2013-01, AMENDMENT NO. 4 TO THE LAKE ELSINORE OUTLET
CENTER SPECIFIC PLAN; upon roll -call vote, the vote passed unanimously.
(11) Second Reading and Adoption of Ordinance No. 2013-1315
Recommendation: It is recommended that the City Council waive further reading and
adopt by title only Ordinance No. 2013-1315 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE
CHANGE NO. 2013-03, AMENDING THE LAND USE MATRIX CONTAINED
WITHIN SECTION 1.4 OF THE CITY OF LAKE ELSINORE DOWNTOWNCODE by
roll -call vote.
Motion by Council Member Manos, seconded by Mayor Pro Tem Johnson, to adopt by title
only Ordinance No. 2013-1315.
City Clerk Bloom read into the record Ordinance No. 2013-1315 AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE
CHANGE NO. 2013-03, AMENDING THE LAND USE MATRIX CONTAINED WITHIN
SECTION 1.4 OF THE CITY OF LAKE ELSINORE DOWNTOWNCODE; upon roll -call
vote, the vote passed unanimously.
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES
None
Page 8 of 10
Regular City Council Minutes
Meeting of July 23, 2013
CITY MANAGER COMMENTS
None
CITY ATTORNEY COMMENTS
None
CITY COUNCIL COMMENTS
Page 7 of 8
Council Member Manos commented that according to Employment Development
Department numbers, the City of Lake Elsinore has replaced the number of jobs that were
lost during the recession. He also announced "Movies in the Park" at Summerlake Park on
July 24th at 8:00 p.m.
Council Member Hickman asked the public to be mindful of their pets during the hot
weather.
Council Member Tisdale thanked staff for their hard work. He also thanked the Battalion
Chief and Cal Fire for their work during the recent fires, and Chief Barr for his work in the
community.
Mayor Pro Tem Johnson stated that she had received inquiries regarding hours of
construction. She reiterated that the City's position on construction contracts state that
construction work is from 7:00 a.m. to 5:00 p.m.; no construction work on Saturdays,
Sundays or holidays; and no large trucks on residential streets before 7:00 a.m.
Mayor Magee asked staff to review and report back to Council regarding the lake use fee
schedule, particularly with regard to non -motorized vessels. He wants to ensure that the
City is properly applying our fees and up to par with other jurisdictions. Mayor Magee
announced that Phase 1 of the McMillin Homes sold out in 10 days after their model homes
opened. He informed that several housing developments within the City have restricted
hours of operation and asked staff to pay particular attention to which ones need to be
enforced. Mayor Magee stated that he received a complaint specific to Pacific Clay and
their hours of operation. He stated that Pacific Clay can do some things to mitigate their
noise and impacts to the adjacent neighborhoods and offered that the City's previous
Edison Public Affairs Officer had promised that they would look into billing at peak use
times within in the City. Mayor Magee expressed that if Edison knew they had angry
customers they might lower the rates or make them more uniform. Pacific Clay could then
work at an economically feasible rate and reduce the impacts on the adjacent
neighborhoods. Mayor Magee requested that staff look into Wyrock as he was informed
that operation has a $40,000 deficit in their CRS (cost recovery system) account and
requested that a report be presented to the City Council.
Page 9 of 10
Regular City Council Minutes
Meeting of July 23, 2013
ADJOURNMENT
�
Mayor Magee adjourned this meeting at 7:39 p.m. to the next regularly scheduled meeting
to be held on Tuesday, August 13, 2013. The regular Closed Session meeting will be held
at 5:00 p.m. at City Hall and the regular Public meeting will be held at 7:00 p.m. at the
Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney
Street, Lake Elsinore, CA.
Robert E. Magee, Mayor
Virginia J. Bloom, City Clerk
Page 10 of 10
AGENDA COVER SHEET
MEETING OF W
City Council F-1 Redevelopment Agency
DEPARTMENT: '.
CONSENT:
APPEAL
BUSINESS:
t j � ,y-)
Other
RESOLUTION: E] ORDINANCES PUBLIC HEARING
ATTACHMENTS: `.
Report emailed to Clerk
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FOLLOW UP DIRECTION:
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Submitted by: "Z�L nz - Date•� J o '
Approved by:
Department Head: Date:
Finance Director: Date:
City Manager: Date:
CITY OF
LADE D LSIROKE
;
� DREAM EXTREME
�T"
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: WARRANT LIST DATED JULY 25, 2013
Recommendation
It is recommended that the City Council of the City of Lake Elsinore receive and file the
Warrant List dated July 25, 2013
Discussion
The warrant list is a listing of all general checks issued since the prior warrant list.
Prepared By: Frances Ramirez
Account Specialist I
Reviewed By: James R. Riley
Director of Admin native Services
Approved By: Grant Yates
City Manager
Attachments: Warrant List 7-25-2013
AGENDA ITEM NO. 2
Page I of 7
Page 2 of 7
JULY 25, 2013 CIFFY OF ILAKE EJLSIII' ORE WARRANT
SUMMARY
FUNI)4t
FLINT) T)ESGRIP'TION
TOTAL
100
GENERAL FUND
$ 1,175,338.49
101
SUPLMNT. LAW ENF. SVC. FUND
9,166.67
103
TRAFFIC SAFETY FUND
14,312.41
104
TRAFFIC OFFENDER FUND
608 227.90
105
MISC. GENERAL PROJECT FUND
_ 36,599.26
108
MISC. GRANT FUND
2,479 39
110
STATE GAS TAX FUND _
_ 135,489.37
111
TUMF CAPITAL PROJECT FUND
_ 295.00
112
TRANSPORTATION/MEASURE A FUND
57
5T955.57
115
TRAFFIC SAFETY FUND _
3,406 64
130
LIGHTING/LANDSCAPE MAINTENANCE FUND
9,449.49
135
L.L.M.D. NO. 1 FUND _
1,918.62
150
C.D.B.G. FUND
7,904.79
155
CSA 152 - N.P.D.E.S. FUND _
_ 5,977.20
232
FIRE PROTECTION DIF FUND
1,062 50
374
C.F.D. 2005-4 LAKE VIEW VILLAS DEBT SERVICE FUND
500.00
378
C.F.D. 2006-8 RUNNING DEER DEBT SERVICE FUND
500.00
381
C.F.D. 2006-10 RIVERLAKE VILLAS DEBT SERVICE FUND
500.00
382
C.F.D. 2006-9 TRIESTE DEBT SERVICE FUND
1,000.00
384
CFD 2003-2 IA -B CANYON HILLS DEBT SERVICE FUND
108.74
386
C.F.D. 2007-4 MAKENNA COURT DEBT SERVICE FUND
1,000.00
387
C.F.D. 2007-5 RED KITE DEBT SERVICE FUND
500.00
393
AD 93-1_(2012 SRS B) DEBT SERVICE FUND
3,515.00
605
PUBLIC_ IMPROV IN -LIEU
354.00
608
TRUST DEPOSIT & PREPAID EXPENSE FUND
1,000.00
620
COST RECOVERY SYSTEM FUND
66
2,26&66
650
C.F.D. 2003-1 LAW & FIRE SERVICE DEBT SERVICE FUND
115,564.74
651
C.F.D. 2006-5 PARK, OPEN SPACE, STORM DRAINS DEBT SERVICE FUND
500.00
653
C.F.D. 2009-1 PARKS & LIGHTING FUND
500.00
GRAND TOTAL
$ 2,197,394.44
8/6/2013 Warrant 07 25 13 1 of 1
Page 3 of 7
JULY 2S, 2013 CITY OF ILAKIL ]E]LS11NORE
WARRANT LIST
CI GCK41
Vf`,NDDR NAML
AMOUNT
114095
VOID-HARRAH'S RINCON CASINO _
$ (400.00)
114993
VOID -DAN DAMON PRODUCTIONS
_ (125.00)
114736
VOID -DESERT OASIS FISH FARM _
(2,000.00)
115049
DESERT OASIS FISH FARM _
_ 2,000.00
115066
VOID-FERGUSON GROUP, LLC
(26.83)
115137
AUTO SHOP EQUIPMENT CO. INC
2,696.84
115138
BANK OF AMERICA, FIRE
_ 657.96
115141
BANK OF AMERICA, FIRE
2,924.17
115142
BANK OF AMERICA, FIRE
16.32
115143
CATHERYNE BARROZO
_ 21899
115144
BOLAND, GARY W DBA VIDEO EDGE PRODUCTIONS
_ 1,225.00
115145
CALIFORNIA STATE DEPARTMENT OF TOXIC SUBSTANCE CONTROL
150.00
115146
CANYON TIRE SALES, INC
1,565.74
115147
DANIEL CHADD
150.00
115148
DIANNE CHAVARRIA
_ 115.00
115149-115151
CTAI PACIFIC GREENSCAPE
2,802.96
115152
DMC DESIGN GROUP, INC
31,009.12
115153
ELSINORE VALLEY RENTALS
11.00
115154
MARK FOX
238.30
115155
FRANCISCO & ASSOCIATES, INC.
_ 3,515.00
115156
HARRIS & ASSOCIATES INC
_ 5,647.90
115157
I.C.M A. RETIREMENT TRUST
28,859.30
115158
KEN KRAFT
375.00
115159
NGUYEN LIEM
108.74
115160
THE LIGHT HOUSE __
_ _ 217.89
115161
MSA INLAND EMPIRE/DESERT CHAPTER
__ 475.00
115162
MUNICIPAL INFO SYSTEMS ASSOC OF CALIFORNIA _
200.00
115163
PRO COAT POWDER COATING, INC.
480.00
115164
RANCHO REPROGRAPHICS INC.
33.83
115165
RIVERSIDE COUNTY EXPLORERS
_ 1,700.00
115166
STK ARCHITECTURE INC
472.50
115167
SUPERCO SPECIALTY PRODUCTS
165.34
115168
TKE ENGINEERING _ _
14,740 00
115169
UNIVAR USA, INC.
441.10
115170
VERIZON - INTERNET
45145
115171
VERIZON CALIFORNIA
191.50
115172
WEST COAST ARBORISTS INC.
903.57
115173-115176
A & A JANITORIAL SERVICE
9,510.01
115177
ABOVE ALL NAMES CONSTRUCTION INC.
__ 3,777 00
115178
ACCOUNTEMPS
4,160 88
115179
ACOM SOLUTIONS
135.00
115180
ACTION GAS & WELDING SUPPLY
199.85
115181
ACTIVE NETWORK INC _
_ 419.08
115182
ADVENTURES IN ADVERTISING
391.28
115183
ALL -PRO ENGINE & MOWER SUPPLY _
330.71
115184
ALLEGRA MARKETING PRINT MAIL
220.32
115185
AMBER AIR CONDITIONING, INC.
_ 153.52
115186
AMERICAN INSTITUTE OF CPA'S _
225.00
115187
AMERICAN MATERIAL CO
290.11
115188
ANIMAL FRIENDS OF THE VALLEY
55,965-00
115189
APPLE ONE
_ 806.40
115190
ARCMATE MANUFACTURING CORPORATION _
557.28
115191
BATTERY SYSTEMS INC.
1,093 61
115192
BEN MEADOWS COMPANY, INC.
326.16
115193
BOATSWAIN'S LOCKER INC
1,259 36
115194
MATTHEW SCOTT BROWN __ _
3,000.00
8/6/2013 Warrant 07 25 13 1 OF 4
Page 4 of 7
JULY 25, 2013 CITY OF ILAKIE ]EILSIINOIRE
WARRANT LIST
C17ECC#
VENDOR NAM[.
AMOUNT
115195
BUCKNAM & ASSOCIATES, INC.
_ 5,120.00
115196
C. R. & R., INC
550.40
115197
CALIBER PAVING COMPANY, INC.
13,450.00
115198
CALIFORNIA DEPARTMENT OF FORESTRY
20,336.40
115199
CALIFORNIA JPIA
_ 21 801.00
115200
CALIFORNIA STATE DEPARTMENT OF JUSTICE
_ 105.00
115201
CANYON TIRE SALES, INC _
__ 1,569.20
115202
FRANCISCO CASTANEDA
__ 140.39
115203
CDW GOVERNMENT, INC
9.28
115204
COMPUTER ALERT SYSTEMS INC
_ __ 160.00
115205
CORNERSTONE RECORDS MANAGEMENT
85.00
115206
KIRT COURY _ __
4,200.00
115207-115208
CTAI PACIFIC GREENSCAPE
16 391.00
115209
CUTTING EDGE STAFFING, INC.
_ 2,763.75
115210
CYNETTE PUBLIC FINANCIAL CONSULTANT _
_ 1,775.00
115211
DATA QUICK INFORMATION SYSTEMS INC.
_ 130.50
115212
SALLIE DAVIS _
30.24
115213
DELTA SERVICES
303.84
115214
DIRECTV ___
94.99
115215
DMC DESIGN GROUP, INC
6,810.50
115216
CAROLE DONAHOE A I.C.P.
2,662.50
115217
DOWNS COMMERCIAL FUELING, INC _
13,812 98
115218
E. V. M. W. D. _
19,349.67
115219
ECS IMAGING, INC _ __
3,297 94
115220
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
1,560.00
115221
EMBROIDERY AND MORE INC.
_ 1,394 55
115222
ENVIROMINE
2,085.56
115223
EWING
267.08
115224
FEDERAL EXPRESS CORPORATION
__ 208.57
115225
FERGUSON WATERWORKS, A WOLSELEY CO
26.83
115226
FILARSKY & WATT LLP ___
__ 180.00
115227
FISHER SAFETY
1,785.71 _
115228-115230
FRANCISCO & ASSOCIATES INC.
3,835.80
115231
GHD INC _
33,930 00
115232
GLS PLUMBING LLC
_ 431.00
115233
GMS ELEVATOR SERVICES, INC.
175.00
115234
GREAT AMERICA FINANCIAL SERVICES
600.95
115235
LORENA HANCOCK _
5,040.00
115236
LORENA HANCOCK _
1,095.00
115237
HAZZARD BACKFLOW CO. _
_ 1,000.00
115238
HDL SOFTWARE LLC _
_ 6,338.31
115239
HI -WAY SAFETY, INC.
2,011.31
115240
HUNTINGTON BEACH HONDA
1,787.34
115241
IMPACT PROMOTIONAL PRODUCTS
_ 296.89
115242
INLAND EMPIRE LOCK & KEY
_ _ 113.37
115243
JOHN DEERE LANDSCAPES
_ 126.35
115244
JOHNSON EQUIPMENT CO _
1,996.07
115245
JOHNSON MACHINERY CO _
307.87
115246
STEVE KARVELOT
11625
115247
JENNIFER KESI _
30.00
115248
KPA, LLC
550.00
115249
LAKE CHEVROLET
___ 2,783.82
115250
LAKE ELSINORE UNIFIED SCHOOL DISTRICT
411.75
115251
LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
4 333.00
115252
LEIGHTON CONSULTING INC
13 733.00
115253
LESLIE'S SWIMMING POOL SUPPLIES
453.60
8/6/2013 Warrant 07 25 13
2 OF
Page 5 of 7
3u,LY 25,
2013 C[IFY OF LAKE E;LSJNOPE
WARRANT LIST
C91ECK4
VENDOR NAME
AMOUNT
115254
THE LIGHT HOUSE
_ 279,24
115255
LVP DISTRIBUTION
__ 17.63
115256
MAXIMUM SIGN CO. _
__ 212.00
115257
MCCAIN TRAFFIC SUPPLY _
_ 573.49
115258
MOTOPORT _
2207.27
115259
MSA SYSTEMS, INC.
393.73
115260
NTH GENERATION COMPUTING, INC
_ 2,400.00
115261
ON DEMAND
541.08
115262
ORANGE COUNTY STRIPING, INC.
_ _ 1,338.60
115263
ORKIN, INC. _
_ 89.02
115264
PITNEY BOWES, INC.
253.27
115265
GUSTAVO POLETTI _ _ _
__ 68.25
115266
PORT SUPPLY
__ _ 430.92
115267
PRATS, GENARO & MABLE PRATS
_ 2,000.00
115268
PREMIUM PALOMAR MT. SPRING WATER
249.00
115269
THE PRESS ENTERPRISE
_ _ 257.40
115270
PRODUCTION VIDEO, INC
1,125.00
115271-115274
PRUDENTIAL OVERALL SUPPLY
354.82
115275
PYRO-SPECTACULARS
_ 2500000
115276
QUALITY GROWERS
__ 349.70
115277
RIGHTWAY SITE SERVICES INC.
__ 2,798.52
115278
RIVERSIDE COUNTY SHERIFF
1,351,452.08
115279
RIVERSIDE COUNTY AUDITOR/CONTROLLER GAD LAFCO
3,981 50
115280
RIVERSIDE COUNTY EXECUTIVE OFFICE
17 884.34
115281
ROBBINS PEST MANAGEMENT INC
670.00
115282
ROLYAN BUOYS
9,039.60
115283
RPM RACING ENTERPRISES
888.00
115284
RPM RACING ENTERPRISES
1,000 00
115285
STEPHANIE C SANGES
3,382.50
115286
SHARE CORP _
441.67
115287
SHRED -IT
80.00
115288
SIGNS BY TOMORROW
__ _ 435.60
115289
SO CAL PAYROLL FOCUS DAY
__ 250.00
115290
SOS STORAGE CENTERS
510.00
115291-115292
SOUTHERN CALIFORNIA EDISON CO
5,873 45
115293
STAPLES ADVANTAGE
641.64
115294
STAPLES CREDIT PLAN
5,216.78
115295-115296
STAUFFER'S LAWN EQUIPMENT
6J22.33
115297
STEVE'S TOWING, INC.
300.00
115298
STEVEN ENTERPRISES, INC
122.67
115299
STK ARCHITECTURE, INC
1,836.00
115300
STUDIO 395 _
90.00
115301
SUNSTATE EQUIPMENT CO., LLC
383.84
115302
TARGET SPECIALTY PRODUCTS
2,999,66
115303
TEAM AUTOAID INC. _ _
_ 199.85
115304
TEMECULA VALLEY PIPE & SUPPLY _
8327
115305
TKE ENGINEERING _
_ 13,880.00
115306
TOPPER INDUSTRIES, INC
534.60
115307
UNICHEM INDUSTRIES _
324.72
115308
UNION BANK OF CALIFORNIA
46,919 89
115309
UNITED PARCEL SERVICE
104.53
115310
VERIZON - INTERNET _
319.99
115311
VERIZON WIRELESS (#1)
732.70
8/6/2013 Warrant 07 25 13
3 OF
Page 6 of 7
317 LY 25, 2013 CITY OF JLAIK E ]ElLS'INOR E
WARRAN'r L sir
C7-3Ecxft
VENDOR NAME
AMOUNT
115312
VERIZON WIRELESS (#2)
11.10
115313
VISION INTERNET PROVIDERS, INC.
325.00
115314
VULCAN MATERIALS COMPANY
224.37
115315
WAL-MART COMMUNITY
_ _ 243.12
115316-115317
WALLACE & ASSOCIATES CONSULTING
9 204.00
115318
WAXIE SANITARY SUPPLY
2,091.42
115319
WEST COAST ARBORISTS, INC.
854.60
115320
X -FACTOR MARINE & SPEED
357.50
115321
XYLEM WATER SOLUTIONS USA, INC.
970.55
115322
Z BEST BODY & PAINT SHOPS, INC.
1,611.60
WARRANT TOTAL
1,942.518.23
PAY DATE
07/17/13
CALIFORNIA P E R S
46,781.50
07/18/13
PAYROLL CASH
142,993.67
07/18/13
PAYROLLTAXES
65,101 04
GRAND TOTAL
2,191,394.44
8/6/2013 Warrant 07 25 13
4 OF
Page 7 of 7
0�4
AGENDA COVER SHEET U� �
MEETING OF A160-/ /.5, 2ol_3
City Council a Redevelopment Agency Other
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ATTACHMENTS: /cam
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Submitted by: - Date:���
Approved by:
Department Head:
Date:
Finance Director: Date: I j
City Manager: Date:
CITY OF
LADE LSINOP�f
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: INDUSTRIAL DESIGN REVIEW NO. 2013-01 — A REQUEST FOR A
7,500 SQUARE FOOT WAREHOUSE/MANUFACTURING
BUILDING ADDITION AND ASSOCIATED IMPROVEMENTS TO
AN EXISTING INDUSTRIAL BUILDING LOCATED AT 403
MINTHORN STREET.
Recommendation
Adopt Resolution No. 2013 -CIA; A Resolution of the City Council of the City of Lake
Elsinore, California. Approving Industrial Design Review No. 2013-01; A Request to Add
a 7,500 Square -Foot Addition to the Existing Thermal Electronics, Inc. Industrial
Building Located at 403 Minthorn Street.
Background
The proposed Industrial Design Review project was presented to the City of Lake
Elsinore Planning Commission at its regular meeting on July 16, 2013, for review and
consideration. The Planning Commission's discussion and questions were related to
site design, building location related to the timing of a required parcel merger or lot line
adjustment and road improvements associated with the project. The Planning
Commission expressed satisfaction with the proposed project and voted unanimously
(5-0 vote) for to recommend approval of Industrial Design Review No. 2013-01.
Discussion
The subject project is the proposed 7,500 square foot industrial building addition for the
existing Thermal Electronics Inc. industrial building located at 403 Minthorn Street on a
2.98 acre site that fronts Minthorn and extends back to Collier Avenue. The proposed
addition will increase the total square footage of the existing building to 17,500 square
feet.
AGENDA ITEM NO. 3
Page 1 of 30
Industrial Design Review No. 2013-01
August 13, 2013
Page 2 of 3
The proposed Industrial building addition to the existing Thermal Electronics Inc.
industrial building involves the elimination of approximately 17 parking spaces of the 38
existing parking spaces; however, the proposed project includes the replacement of
these spaces and the construction of an additional 12 parking spaces for a total of 50
parking spaces.
The architectural style of the proposed building addition will continue to have the same
characteristics and design in order to be consistent with the existing "Tilt -Up" industrial
building including colors; materials and sandblast texture finish recessed panels.
The applicant will also increase the existing landscape by 5,500 square feet for a total of
14,300 square feet or approximately 25.6 of the site which exceeds the minimum of
twelve percent (12%) as required by the Lake Elsinore Municipal Code (LEMC).
Analysis
Staff has reviewed the proposed Industrial Review and has determined that the design
amenities and features previously approved in the immediate area are consistent with
the project's architecture, related improvements, and landscaping have resulted in a
well-designed industrial project. In addition, the project is compatible with the overall
industrial area and those existing and future developments that neighbor the project
site.
The Planning Commission's discussion related to the timing of a required parcel merger
or lot line adjustment and road improvements associated with the project resulted in
Planning Commission approved amendments to Conditions of Approval 68, 69 and 81.
Environmental Determination
Staff has determined that the proposed project is exempt from the California
Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the
State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to
Section 15332 (Class 32 — In -Fill Development Projects) because the Project is
consistent with the applicable General Plan designation and policies, as well as zoning
designation and regulations, the Project is within the City's boundaries and on a site
less than five acres surrounded by urban uses, the Property has no value as habitat,
and approval of the Project will not result in any significant effects relating to traffic,
noise, air quality, or water quality and the Project is adequately served by all required
utilities and public services.
Page 2 of 30
Industrial Design Review No. 2013-01
August 13, 2013
Page 3of3
Fiscal Impact
The proposed warehouse/manufacturing building addition to the existing Thermal
Electronics Inc. industrial building will have a positive fiscal impact to the existing
industrial area and to the City, in that the project will generate increased sales tax
revenue and will expand the availability of job opportunities within the City.
Prepared by: Agustin Resendiz
Associate Planner
Reviewed by: Grant TaylorA-,;t—
Community Development Director
Richard J. MacHott, LEED Green Associate
Planning Manager
Approved by: Grant Yates
City Manager '
Attachments:
1. Vicinity Map
2. City Council Resolution No. 2013 -meq
3. Conditions of Approval
4. Planning Commission Staff Report dated July 16, 2013
5. 24"x36" Plans
Page 3 of 30
Page 4 of 30
VICINITY MAP
INDUSTRIAL DESIGN REVIEW NO. 2013-01
PLANNING COMMISSION
Page 5 of 30
Page 6 of 30
RESOLUTION NO. 2013-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN
REVIEW NO. 2013-01; A REQUEST TO ADD A 7,500 SQUARE -FOOT
ADDITION TO THE EXISTING THERMAL ELECTRONICS INC.
INDUSTRIAL BUILDING LOCATED AT 403 MINTHORN STREET
WHEREAS, Konrad Rieger/Rieger and Associates, filed an application with the
City of Lake Elsinore requesting approval of Industrial Design Review No. 2013-01
("the Project"), and
WHEREAS, the Developer proposes the Project on property located at the 403
Minthorn Street, also known as Assessor's Parcel No.'s 377-220-017, 028, and 029
(the "Site"); and
WHEREAS, the Developer proposes the addition of a 7,500 square -foot
industrial building addition, related improvements, parking and landscape to the
existing Thermal Electronics Inc. at the identified location; and
WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal
Code ("LEMC") the City Council of the City of Lake Elsinore has been delegated with
the responsibility of making decisions to approve, modify or disapprove
recommendations of the Planning Commission for industrial design review
applications; and
WHEREAS, on July 16, 2013 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item; and made its
recommendation in favor of Industrial Design Review No. 2013-01 by adopting
Planning Commission Resolution No. 2013-63 recommending to the City Council
approval of Industrial Design Review No. 2013-01; and
WHEREAS, on August 13, 2013 at a duly noticed public hearing, the City
Council has considered the recommendation of the Planning Commission as well as
evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follow:
SECTION 1. The City Council has considered the proposed request for
Industrial Design Review No. 2013-01 for the addition of a 7,500 square -foot
warehouse/manufacturing industrial building and associated improvements to the
existing Thermal Electronics Inc. building located at 403 Minthorn Street. The City
Council finds and determines that the Industrial Design Review request is consistent
with the Lake Elsinore Municipal Code.
Page 7 of 30
City Council Resolution No. 2013-049
Page 2 of 4
SECTION 2. The City Council finds and determines that the Project is
categorically exempt from the California Environmental Quality Act (Public Resources
Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of
CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA
Guidelines") pursuant to a Class 32 categorical exemption for in -fill development
projects. Specifically, the City Council finds that the Project:
1. Is consistent with the applicable general plan designation and all applicable
General Plan policies as well as with applicable zoning designation and
regulations.
2. Will occur within the City limits. The Project Site is less than (5) acres and is
substantially surrounded by urban uses.
3. The Project Site has no value as habitat for endangered, rare or threatened
species.
4. Approval of the Project will not result in any significant effects relating to traffic,
noise, air quality or water quality.
5. The Project Site can be adequately served by all required utilities and public
services.
SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code,
the City Council makes the following findings for the approval of Industrial Design
Review No. 2013-01:
1. The project, as approved, will comply with the goals and objectives of the General
Plan and the Zoning District in which the project is located.
The Project complies with the goals and objectives of the General Plan because it
will assist in achieving the development of a well-balanced and functional mix of
residential, commercial, industrial, open space, recreational, and institutional land
uses. The Project will serve to greater diversify and expand Lake Elsinore's
economic base.
2. The project complies with the design directives contained in Section 17.112.110
and all other applicable provisions of the LEMC.
The Project is appropriate to the site and surrounding developments in that the
industrial shell building has been designed in consideration of the size and shape
of the property. Sufficient setbacks and enhanced onsite landscaping have been
provided thereby creating interest and varying vistas as a person moves along
abutting streets and within the development. In addition, safe and efficient
circulation has been achieved onsite.
Page 8 of 30
City Council Resolution No. 2013-049
Page 3 of 4
The Project will complement the quality of existing development and will create a
visually pleasing, non -detractive relationship between the proposed development
and existing project through the use of architectural design that is similar to existing
building on site. Matching of materials and colors are proposed including
sandblasted panels that blend with the surrounding developments and provide
evidence of a concern for quality and originality.
3. Subject to the attached Conditions of Approval, the proposed project is not
anticipated to result in any significant adverse environmental impacts.
Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant
to a Class 32 exemption, the Project was reviewed and conditioned by all
applicable City departments to ensure that the project blends into existing
development, creates the least amount of disturbance, and does not negatively
impact the residents or businesses of Lake Elsinore. The Project will not have a
significant effect on the environment.
4. Conditions and safeguards pursuant to Chapter 17.184 of the Zoning Code,
including guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the subject project to ensure development of the
property in accordance with the objectives of Chapter 17.184.
Pursuant to Section 17.184.070 of the LEMC, the Project was considered by the
Planning Commission at a duly noticed public hearing on July 16, 2013 and
pursuant to Section 17.184.090 of the LEMC the project was considered for
approval by the City Council at a duly noticed public hearing on August 13, 2013.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached Conditions of Approval, the City Council approves Industrial Design Review
No. 2013-01.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
Page 9 of 30
City Council Resolution No. 2013-049
Page 4 of 4
PASSED, APPROVED AND ADOPTED this 13th day of August, 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
Page 10 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
PLANNING DIVISION
1. The proposed project (Thermal Electronics Inc.) consists of a 7,500 square foot addition to
the existing Industrial building, parking, landscaping and related associated improvements
located at 403 Minthorn Street (APN 377-220-017, 028, & 029).
2. 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 proposed project attached hereto.
3. Design Review approval for Industrial Design Review No. 2013-01 will lapse and be void
unless a building permit is issued within two (2) years of the approval date. The
Community Development Director may grant an extension of time for up to one (1) year
prior to the expiration of the initial Design Review approval. An application for a time
extension and required fee shall be submitted a minimum of one (1) month prior to the
expiration date.
GENERAL CONDITIONS
4. Within 30 days of project approval, 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.
5. The applicant shall submit a check in the amount of $50.00 made payable to the County of
Riverside for the filing of a Notice of Exemption. The check shall be submitted to the
Planning Division for processing within 48 hours of the project's approval.
6. All conditions of approval shall be reproduced on page one of building plans prior to their
acceptance by Building Division.
7. All site improvements shall be constructed as indicated on the approved site plan and
elevations. Minor revisions to approved site plans or building elevations shall be subject to
the review of the Community Development Director.
8. All plans submitted for Building Division Plan Check shall conform to the submitted plans as
modified by Conditions of Approval, or the Planning Commission/City Council through
subsequent action.
Planning Commission Approved Page 1 of 15 City Council
July 16, 2013 August 13, 2013
Page 11 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
9. Trash enclosures shall be constructed per City standards as approved by the Community
Development Director or designee, prior to issuance of building permit.
10.The Planning Division shall approve construction trailers utilized during construction. All
construction trailers shall require a $1,000.00 cash bond for each.
11.AII roof mounted or ground support air conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so that
they are not visible from neighboring property or public streets. Screening plans shall be
approved by the Community Development Director, prior to issuance of building permit.
12.AII loading zones shall be clearly marked with yellow striping and shall meet City Standards.
13.Any alteration or expansion of this Design Review approval shall be reviewed according to
the provisions of Chapter 17.184 (Design Review) of the Lake Elsinore Municipal Code.
Any modification to these conditions of approval shall be reviewed and approved by the
Planning Commission and/or City Council, as appropriate.
14. Materials and colors depicted on the plans and materials board shall be used unless
modified by the Community Development Director or designee.
15.Ali exterior on-site lighting shall be shielded and directed on-site so as not to create glare
onto neighboring property and streets or allow illumination above the horizontal plane of the
fixture. All light fixtures shall be consistent with the architectural style of the building.
16.AII exterior downspouts shall be concealed or architecturally screened and painted to
match the exterior color of the building as approved by the Community Development
Director or Designee.
17.Any additional building signage shall comply with Chapter 17.196.200; (Signs in the
Industrial Districts) of the Lake Elsinore Municipal Code (LEMC).
18.AII drive aisles and loading areas shall be kept and maintained free and clear of any
materials/merchandise so as not to obstruct on-site circulation and deliveries.
19. Parking stalls shall be double -striped with four -inch (4") lines two feet (2') apart.
20.Applicant shall meet ADA (Americans with Disabilities Act) requirements.
Planning Commission Approved Page 2 of 15 City Council
July 16, 2013 August 13, 2013
Page 12 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
21. No exterior roof ladders shall be permitted.
22.AII service and loading doors shall be painted to match the building.
23.On-site surface drainage shall not cross sidewalks.
PRIOR TO BUILDING/GRADING PERMITS
24. Prior to issuance of building permits, applicant shall provide assurance that all required
fees to the Lake Elsinore Unified School District have been paid.
25.Prior to issuance of building permits, applicant shall provide assurance that all
requirements of the City of Lake Elsinore Fire Marshal have been met.
26.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 (i.e., 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.
27.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed
and approved by the City's Landscape Architect Consultant and the Community
Development Director or designee, prior to issuance of building permit. The Landscape
Plan check fee in effect at the time of landscaping/irrigation plan submittal shall be
submitted concurrently with the submittal of landscaping/irrigation plans to the Community
Development Department — Planning Division for review.
• All planting areas shall have permanent and automatic sprinkler system with
100% plant and grass coverage using a combination of drip and conventional
irrigation methods.
• Applicant shall plant street trees selected from the City's Street Tree List, a
maximum of thirty feet (30') apart and at least twenty -four -inch (24") box in size.
• All planting areas shall be separated from paved areas with a six inch (6") high
and six inch (6") wide concrete curb.
• Planting within fifteen feet (15') of ingress/egress points shall be no higher than
thirty-six inches (36").
Planning Commission Approved Page 3 of 15 City Council
July 16, 2013 August 13, 2013
Page 13 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
Landscape planters shall be planted with an appropriate parking lot shade tree
pursuant to the LEMC and Landscape Design Guidelines.
• Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
• The landscape plan shall provide for ground cover, shrubs, and trees and meet
all requirements of the City's adopted Landscape Guidelines. Special attention to
the use of Xeriscape or drought tolerant plantings with combination drip irrigation
system to be used to prevent excessive watering.
• All landscape improvements shall be bonded 100% for material and labor for two
years from installation sign -off by the City. Release of the landscaping bond
shall be requested by the applicant at the end of the required two years with
approval/acceptance by the Landscape Consultant and Community Development
Director or Designee.
• All landscaping and irrigation shall be installed within affected portion of any
phase at the time a Certificate of Occupancy is requested for any building. All
planting areas shall include plantings in the Xeriscape concept, drought tolerant
grasses and plants.
• Final landscape plan must be consistent with approved site plan.
BUILDING AND SAFETY DIVISION
28.Any and all existing or proposed floor elevation changes shall be made accessible in
accordance with Americans with Disabilities Act (ADA) requirements.
29.Any and all tenant improvements shall be in compliance with the 2010 Uniform Building
Code.
30.All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and
release of utilities.
Planning Commission Approved Page 4 of 15 City Council
July 16, 2013 August 13, 2013
Page 14 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
CITY OF LAKE ELSINORE FIRE MARSHAL
31. Lake Elsinore Fire Protection Planning Office Responsibility- It is the responsibility of
the recipient of these Fire Department conditions to forward them to all interested parties.
The permit number is required on all correspondence. Questions should be directed to the
Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130
S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225, Fax: (951) 471-
1419.
32. Blue Dot Reflectors- Blue retro -reflective pavement markers shall be mounted on private
streets, public streets and driveways to indicate location of fire hydrants. Prior to
installation, placement of markers must be approved by the City of Lake Elsinore Fire
Marshal.
33. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 3, 500 GPM for 3 hours
duration at 20 PSI residual operating pressure, which must be available before any
combustible material is placed on the job site. Average spacing between hydrants (6" x 4" x
2" x 2.") 210 feet and 350 feet maximum distance from any point on the street or road
frontage to hydrant.
34.Automatic / Manual Gates- Gate(s) shall be automatic or manual operated, minimum 20
feet width, with a setback of 35 feet from face of curb/flow line. Gate access shall be
equipped with a rapid entry system. Plans shall be submitted to the Fire Department for
approval prior to installation. Automatic/manual gate pins shall be rated with shear pin
force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency
backup power. Gates activated by the rapid entry system shall remain open until closed by
the rapid entry system. Contact the City Fire Marshal office for current plan check fees.
PRIOR TO BUILDING PERMIT ISSUANCE
35. Plan Check Fee- Building plan check fee made payable to "The City of Lake Elsinore", and
shall be submitted to the Fire Department at time plans are submitted.
36.Water System Plans- Applicant and/or developer shall separately submit 2 sets of water
system plans to the Fire Department for review. Plans must be signed by a registered Civil
Engineer and/or water purveyor prior to Fire Department review and approval. Mylars will
be signed by the Fire Department after review and approval. Two (2) copies of the signed
and approved water plans shall be returned to the Fire Department before release of a
building permit.
Planning Commission Approved Page 5 of 15 City Council
July 16, 2013 August 13, 2013
Page 15 of' 0
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
PRIOR TO BUILDING FINAL INSPECTION
37. Fire Sprinkler System 13- Install a complete fire sprinkler system designed in accordance
with California Building Code, California Fire Code and adopted standards. Sprinkler
systems with pipe sizes larger than 4 inches in diameter will require the Engineer or
Architect of Record certification with details and calculations with "wet signature" that the
building structural system is designed to support the seismic and gravity loads for the
support the additional weight of the sprinkler system. The PIV and FDC shall be located to
the front of the building in an approved location, unobstructed and within 50 feet of an
approved road or driveway, within 200 feet of a hydrant. A C-16 licensed contractor must
submit plans, along with the current fee, to the Fire Department for review and approval
prior to installation.
38. Designated Fire Lanes- The applicant shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting and/ or
signs.
39.Fire Extinguishers — Minimum Install portable fire extinguishers complying with Section
906 of the 2010 California Fire Code with a minimum rating of 2A-1 OBC and signage.
40.Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48 inches
to center above floor level with maximum 4- inch projection from the wall.
Contact Fire Dept. for proper placement of equipment prior to installation.
41.Aboveground Hazardous Materials Tank Permits- Applicant/developer shall be
responsible for obtaining permits from the Lake Elsinore Fire Protection Planning
Department for aboveground fuel storage tanks in accordance with The California Fire
Code. At least three copies of plans and specification sheets must be submitted to the Fire
Department for review and approval prior to installation. Aboveground fuel tanks shall be
tested and labeled to UL 2085 Protected Tank Standard. The test must include the
Projectile Penetration Test and the Heavy Vehicle Impact Test. A copy of the tank testing
label from an independent test laboratory must be included with the plan submittal. Current
plan check fee is $584.00 for the first tank and $149.00 for each additional tank.
ENGINEERING DEPARTMENT
PRIOR TO OCCUPANCY/FINAL APPROVAL:
42.AII drainage facilities in this project shall be constructed to Riverside County Flood Control
District Standards and hydrology manual.
Planning Commission Approved Page 6 of 15 City Council
July 16, 2013 August 13, 2013
Page 16 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
43.Developer shall mitigate to prevent any flooding and/or erosion downstream caused by
development of the site and/or diversion of drainage.
44.All natural drainage traversing the site (historic flow) shall be conveyed through the site in a
manner consistent with the historic flow or to one or a combination of the following: to a
public facility; accepted by adjacent property owners by a letter of drainage acceptance; or
conveyed to a drainage easement as approved by the City Engineer.
45.All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared
by a Registered Civil Engineer.
46.AII Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC).
47.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site
and/or out on the roadway or alley shall be the responsibility of the property owner or his
agent. Overhead utilities (34 KV or lower) shall be undergrounded. Temporary power shall
be installed per the requirements of Building Official. All power lines (temporary or
permanent) shall comply with CALTRANS standards for vehicle clearance.
48.The applicant shall install blue dot markers in the roadway at a right angle to Fire Hydrant
locations per Riverside County Standards.
49.In accordance with the City's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste
material, debris, vegetation and other rubbish generated both during cleaning, demolition,
clear and grubbing or all other phases of construction and during occupancy.
50. Sight distance into and out of this project location shall comply with CALTRANS Standards.
FEES:
51.Applicant shall pay at the then effective rate all outstanding applicable processing and all
citywide development impact fees in effect at the time of final approval or when paid in full
including but not limited to: TUMF, MSHCP, TIF, DIF, Fire Facilities, Library, Stephens'
Kangaroo Rat Habitat Conservation Plan (SKR HCP) and area drainage fee prior to
occupancy/final approval
Planning Commission Approved Page 7 of 15 City Council
July 16, 2013 August 13, 2013
Page 17 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
FLOOD PLAIN:
52. Project lies within a FEMA mapped special flood hazard zone and will require an Elevation
Certificate prior to Occupancy.
53. Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
54.All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain"
using the City authorized marker to prevent illegal dumping in the drain system.
55. Design - The project plans shall incorporate a combination of Site Design BMPs, Source
control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern
identified for the project, as required by California Green Building Standards, Section 5.106
and NPDES requirements for residential, industrial and commercial projects within the San
Jacinto, and Santa Ana River Watersheds.
56. Hydromodification / Hydraulic Conditions of Concern — The project shall limit disturbance of
natural water bodies and drainage systems; conserve natural areas; protect slopes,
channels and minimize significant impacts from urban runoff.
57. Prior to grading or building permit the applicant shall demonstrate that compliance with
the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to
the State Water Resources Control Board and a copy of the notification of the issuance of a
Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of
the City Engineer.
58.SWPPP - Prior to the issuance of any grading or building permits, the applicant shall
demonstrate compliance with California's General permit for Stormwater Discharges
Associated with Construction Activity by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the subsequent
notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects
subject to filing an NOI shall prepare and implement a Stormwater Pollution Prevention
Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be
available for review upon request. Projects that are not subject to coverage under the
General Permit — Construction will prepare and implement an Erosion and Sediment
Control Plan in compliance with the California Building Code and Local Ordinances.
Planning Commission Approved Page 8 of 15 City Council
July 16, 2013 August 13, 2013
Page 18 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
59. Erosion & Sediment Control - Prior to the issuance of any grading or building permit,
the applicant shall submit for review and approval by the City Engineer, an Erosion and
Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate
compliance with the City's NPDES Program and state water quality regulations for grading
and construction activities. The Erosion and Sediment Control Plan shall identify how all
construction materials, wastes, grading or demolition debris, and stockpiles of soil,
aggregates, soil amendments, etc. shall be property covered, stored and secured to
prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The
plan shall also describe how the project will ensure that all BMPs will be maintained during
construction of any future right of ways. A copy of the plan shall be incorporated into the
SWPPP as applicable, kept updated as needed to address changing circumstances of the
project site, be kept at the project site and available for review upon request.
60.The project shall implement LID practices that treat the 85th percentile storm in the priority
order as follows:
• Infiltrate
• Harvest and use
• Evapotranspire and/or biotreat
• Treat ALL pollutants of concern and discharge (applicable to projects discharging
to Lake Elsinore for recharge)
61. Project hardscape areas shall be designed and constructed to provide for drainage into
adjacent landscape.
62.WQMP — A Preliminary and Final WQMP are required. The project will comply with all
practices set out in the Approved WQMP. Prior to the issuance of any grading or
building permits, the applicant shall submit for review and approval by the City Engineer,
a Water Quality Management Plan (WQMP) specifically identifying Best Management
Practices (BMPs) that will be used onsite to control identified pollutants of concern.
Approval of the project Water Quality Management Plan (WQMP) for post construction
shall be received prior to issuance of a grading permit. The applicant shall utilize the MS4
Permittee Drainage Area Management Plan (DAMP), LID Guidance Manual for reference,
and the MS4 Permittee's WQMP Guidance Document and Template for submittal. This
WQMP shall include the following:
• Detailed site and project description
• Potential stormwater pollutants
• Post -development drainage characteristics
Planning Commission Approved Page 9 of 15 City Council
July 16, 2013 August 13, 2013
Page 19 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
• Low Impact Development (LID) BMP selection and analysis
• Structural and Non -Structural source control BMPs
• Site design and drainage plan (BMP Exhibit)
• Vector issues are addressed in the BMP design, operation and maintenance.
• GIS coordinates for all LID and Treatment Control BMPs
• HCOC - demonstrate that discharge flow rates, velocities, duration and volume
for the post construction condition from a 2 year and 10 year 24 hour rainfall
event will not cause significant adverse impacts on downstream erosion and
receiving waters, or measures are implemented to mitigate significant adverse
impacts to downstream public facilities and water bodies. Design goal to
replicate pre -development hydrologic regime.
• Operation and Maintenance (O&M) Plan & Agreement (using City format) that (1)
describes the long-term operation and maintenance requirements for BMPs
identified in the BMP Exhibit; (2) identifies the entity that will be responsible for
long-term operation and maintenance of the referenced BMPs; and (3) describes
the mechanism for funding the long-term operation and maintenance of the
referenced BMPs
63. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall
demonstrate compliance with applicable NPDES permits for construction,
industrial/commercial, MS4, etc. to include:
• Demonstrate that all structural Best Management Practices (BMP's) described in
the BMP Exhibit from the project's approved WQMP have been implemented,
constructed and installed in conformance with approved plans and specifications.
• Demonstrate that the project has complied with all non-structural BMPs
described in the project's WQMP.
• Provide signed, notarized certification from the engineer of work that the
structural BMP's identified in the project's WQMP are installed and operational.
• Submit a copy of the fully executed, recorded Operations and Maintenance
(O&M) Plan for all structural BMPs.
• Demonstrate that copies of the project's approved WQMP (with recorded O&M
Plan attached) are available for each of the initial occupants
(commercial/industrial) or HOA as appropriate.
• Agree to pay for a Special Investigation from the City of Lake Elsinore for a date
twelve (12) months after the issuance of a Certificate of Use and/or Occupancy
for the project to verify compliance with the approved WQMP and O&M Plan. A
signed/sealed certification from the engineer of work dated 12 months after CofO
will be considered in lieu of a Special Investigation by the City.
• Provide a recorded copy of one of the following:
Planning Commission Approved Page 10 of 15 City Council
July 16, 2013 August 13, 2013
Page 20 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
1. CC&R's (they must include the approved WQMP and O&M Plan) for the
project's Home Owners Association.
2. A water quality implementation agreement has the approved WQMP and
O&M Plan attached; or
3. The final approved Water Quality Management Plan and Operations and
Maintenance Plan.
64.Chemical management - Prior to the issuance of building permits for any tank or pipeline,
the uses of said tank or pipeline shall be identified and the applicant shall submit a
Chemical Management Plan in addition to a WQMP with all appropriate measures for
chemical management (including, but not limited to, storage, emergency response,
employee training, spill contingencies and disposal) in a manner meeting the satisfaction of
the Riverside County Fire Marshal and wastewater agencies, as appropriate, to ensure
implementation of each agency's respective requirements. A copy of the approved
"Chemical Management Plans" shall be furnished to the NPDES Coordinator prior to the
issuance of any Certificates of Use and Occupancy
65.Industrial Facilities - For industrial facilities subject to California's General Permit for
Stormwater Discharges Associated with Industrial Activity as defined by Standard Industrial
Classification (SIC) Code.
• Prior to grading or building permit close-out and/or the issuance of a certificate of
use and occupancy, the applicant shall demonstrate that compliance with the
permit has been obtained by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the
notification of the issuance of a Waste Discharge Identification (WDID) Number
or other proof of filing to the satisfaction of the City's NPDES Coordinator.
IMPROVEMENTS:
66.An encroachment permit is required for all work to be done in the public right-of-way.
Applicant shall submit the permit application, required fees and documents prior to
issuance.
67.The owner shall dedicate in fee title to the City a total right-of-way of 45' wide from
centerline to the project property line on Collier Avenue.
68.Applicant shall construct half width street improvements on Collier Avenue along the
improvement frontage to the Ultimate cross section on the southwest side. Improvements
to be constructed from the southerly property line to the northerly property line to include
Planning Commission Approved Page 11 of 15 City Council
July 16, 2013 August 13, 2013
Page 21 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
commercial driveway at main access. The applicant may choose te pay in lieu fees fer the
(Amended at Planning Commission on July 16,
2013)
69.Applicant shaft may pay in -lieu construction fees for curb, gutter & sidewalk on Collier
Avenue along the property frontage. (Amended at Planning Commission on July 16, 2013)
70.All improvements must comply with ADA standards.
71.A California Registered Civil Engineer shall prepare the improvement plans required for this
project. Improvements shall be designed and constructed to Riverside County Road
Department Standards latest edition, and City Codes (LEMC 12.04 and 16.34)
PRIOR TO GRADING PERMIT
72.A grading plan signed and stamped by a California Registered Civil Engineer shall be
submitted for City review and approval for all addition and/or movement of soil (grading) on
the site. Cut and fill quantities shall be included. The plan shall include separate sheets for
erosion control, haul route and traffic control. The grading submittal shall include all
supporting documentation and be prepared using City standard title block, standard
drawings and design manual (available at www.lake-elsinore.org).
73.All grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
74. If the grading plan identifies alterations in the existing drainage patterns as they exit the
site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be
required prior to issuance of grading permits. All grading that modifies the existing flow
patterns and/or topography shall be in compliance with federal, state and local law and be
approved by the City Engineer.
75.The applicant shall apply for, obtain and submit to the City Engineering Division a letter
from Southern California Edison (SCE) indicating that the construction activity will not
interfere with existing SCE facilities (aka SCE NIL).
76.All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper
than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the
City.
77.Applicant shall execute and submit grading and erosion control agreement, post grading
Planning Commission Approved Page 12 of 15 City Council
July 16, 2013 August 13, 2013
Page 22 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
security and pay permit fees as a condition of grading permit issuance.
78.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is
required prior to commencement of ANY grading activity.
79.Prior to issuance of a Grading Permit, applicant shall provide the City for review and
approval a plan of all proposed haul routes to be used for movement of import or export
material. Export sites located within the Lake Elsinore City limits must have an active
grading permit. Public Noticing and City Council approval is required for haul routes of over
5,000 cubic yards. The cost of noticing shall be paid by the applicant.
80.Applicant shall pay all grading permit applicable processing, permit, security and
development fees including Stephens Kangaroo Rat Habitat prior to issuance of the
grading permit.
PRIOR TO BUILDING PERMIT
81.The owner shall process through the City Engineering Division for plan check, approval and
recordation of a parcel merger or lot line adjustment for the affected properties so that
building footprints do not cross parcel lines. (Amended at Planning Commission on July
16, 2013)
82.AII required public right-of-way dedications and easements shall be prepared by the
applicant or his agent and shall be submitted to the Engineering Division for review and
approval prior to issuance of building permit.
83.Prior to issuance of certificates of use and occupancy or building permits for individual
tenant improvements or construction permits for a tank or pipeline, uses shall be identified
and, for specified uses (where the proposed improvements will store, generate or handle
hazardous materials in quantities that will require permitting and inspection once
operational), the applicant shall propose plans and measures for chemical management
(including, but not limited to, storage, emergency response, employee training, spill
contingencies and disposal) to the satisfaction of the County/City Building Official(s).
84.Applicant shall pay all applicable processing and development fees including but not all
inclusive: TUMF, MSHCP, TIF, and area drainage.
Planning Commission Approved Page 13 of 15 City Council
July 16, 2013 August 13, 2013
Page 23 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
PRIOR TO OCCUPANCY/FINAL APPROVAL:
85.Applicant shall provide FEMA elevation certificates for all buildings (includes trailers and
storage facilities) prior to final approvals. If a LOMR-F has been processed and approved
by FEMA, certification may be in the form of a letter signed and sealed by a licensed civil
engineer.
86. Final soil report showing compliance with recommendations, compaction reports, grade
certifications, monument certifications (with tie notes delineated on 8 Y2 x 11" mylar) shall
be submitted to the Engineering Division before final inspection will be scheduled.
87.AII required public right-of-way dedications, easements, dedications and vacations and
easement agreement(s) for ingress and egress through adjacent property (ies) shall be
recorded with a recorded copy provided to the City prior to final project approval.
88.Slope maintenance along right-of-ways and open spaces shall be maintained by the
property owner. Documentation of maintenance responsibility shall be in a recordable
format and recorded prior to occupancy/final.
89.AII street improvements shall be completed in accordance with approved plans or as a
condition of development to the satisfaction of the City Engineer.
90. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a
certificate of occupancy, applicant shall:
• Demonstrate that all structural BMPs have been constructed, installed and are
functioning in conformance with approved plans and specifications and the WQMP;
• Demonstrate that they are prepared to implement all non-structural BMPs included
in the conditions of approval or building/grading permit conditions;
• Demonstrate that an adequate number of copies of the approved project specific
WQMP are available for the future owners/occupants; and
• The applicant shall provide all education guidelines for Water Quality Management
Practices to the tenants, operators and owners of the businesses of the
development, regarding the environmental awareness on good housekeeping
practices that contribute to protection of storm water quality and meet the goals of
the approved WQMP in the Riverside County NPDES Drainage Area Management
Plan. Contact the City NPDES Coordinator for handout/guideline information.
Planning Commission Approved Page 14 of 15 City Council
July 16, 2013 August 13, 2013
Page 24 of 30
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
INDUSTRIAL DESIGN REVIEW NO. 2013-01
91.The property owner shall execute and cause to be recorded a "Covenant and Agreement"
in the form provided by the City to inform future property owners of the requirement to
implement the approved final project -specific WQMP.
92.Applicant shall pay all outstanding applicable processing and development fees including
but not all inclusive: TUMF, MSHCP, TIF, Stephens' Kangaroo Rat Habitat Conservation
Plan and area drainage prior to occupancy/final approval.
93.As-built plans for all approved plan sets shall be submitted for review and approval by the
City. The applicant/developer/owner is responsible for revising the original mylar plans.
Once the original mylars have been approved, the applicant shall provide the City with a
CD of the "as built" plans in .tif format.
94.All final studies and reports shall be submitted in .tif format on a CD/DVD. Studies and
reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc.
Planning Commission Approved Page 15 of 15 City Council
July 16, 2013 August 13, 2013
Page 25 of 30
Page 26 of 30
CITY Or
LADE LSMOR.E
DREAM FXTREME-
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE
PLANNING MANAGER
DATE: JULY 16, 2014
SUBJECT: INDUSTRIAL DESIGN REVIEW NO. 2013-01 —A REQUEST FOR A
7,500 SQUARE FOOT WAREHOUSE/MANUFACTURING
BUILDING ADDITION AND ASSOCIATED IMPROVEMENTS TO AN
EXISTING INDUSTRIAL BUILDING LOCATED AT 403 MINTHORN
STREET.
APPLICANT: MR. KONRAD RIEGER, AIA/RIEGER AND ASSOCIATES40440
CARMELITA CIRCLE, TEMECULA, CA 92591
OWNER: THERMAL ELECTRONICS, 403 MINTHORN STREET, LAKE
ELSINORE, CA 92531
Project request
The applicant is requesting approval of Industrial Design Review No. 2013-01, to allow the
construction of a 7,500 square -foot addition and associated improvements to an existing
industrial building located at 403 Minthorn Street.
Project location
The 2.98 acre site (APN: 377-220-017, 028, & 029) fronts on Minthorn Street and extends
back to Collier Avenue. It is located approximately 1,500 feet west of Riley Street.
Environmental Setting
The subject property is surrounded by the 1-15 Freeway to the north, a flood channel to the
south and various industrial buildings to the east and west.
Page 27 of 30
INDUSTRIAL DESIGN REVIEW NO. 2013-01
JULY 16, 2012
PAGE 2 OF 4
Project Description
Site Design
Thermal Electronics Inc. has been established in the City since 1985, and has outgrown
their existing 10,000 square foot facility. It is now proposing a 7,500 square -foot addition
for the manufacturing and warehouse/ distribution of their products; which will increase the
total square footage of the existing building to 17,500 square feet. As part of this
entitlement the applicant has been conditioned by the Engineering Department to process
a lot line adjustment to prevent the proposed building development from crossing over
parcel property lines.
Parking and Onsite Circulation
The 7,500 square foot addition will cause the elimination of approximately 17 of the 38
existing parking spaces; however, the proposed project includes the replacement of these
spaces and the construction of an additional 12 parking spaces for a total of 50 parking
spaces. According to the proposed floor plan, 13,500 square feet will be used for
manufacturing and warehouse/distribution use and the remaining 4,000 square feetwill be
designated for office use. According to Section 17.148.030 of the LEMC the project will
require 27 parking spaces for the manufacturing and warehouse/distribution area and 16
parking spaces for the office use, for a total of 43 parking spaces. Therefore, the project,
as designed will result in a surplus of 7 parking spaces.
BUILDING USE
EXISTING LAND
ZONING '
GENERAL PLAN
PROVIDED
USE
4,000
1/250
Project Site
Industrial Building
M-1 (Limited
Limited Industrial
1/500
27
Manufacturing)
TOTAL
North
1 15 Freeway
1 15 Freeway
1 15 Freeway
South
Flood Channel
Floodway
Floodway
East
Vacant
M-1 (Limited
Limited Industrial
Manufacturing)
West
Industrial
M-1 (Limited
Limited Industrial
Manufacturing)
Project Description
Site Design
Thermal Electronics Inc. has been established in the City since 1985, and has outgrown
their existing 10,000 square foot facility. It is now proposing a 7,500 square -foot addition
for the manufacturing and warehouse/ distribution of their products; which will increase the
total square footage of the existing building to 17,500 square feet. As part of this
entitlement the applicant has been conditioned by the Engineering Department to process
a lot line adjustment to prevent the proposed building development from crossing over
parcel property lines.
Parking and Onsite Circulation
The 7,500 square foot addition will cause the elimination of approximately 17 of the 38
existing parking spaces; however, the proposed project includes the replacement of these
spaces and the construction of an additional 12 parking spaces for a total of 50 parking
spaces. According to the proposed floor plan, 13,500 square feet will be used for
manufacturing and warehouse/distribution use and the remaining 4,000 square feetwill be
designated for office use. According to Section 17.148.030 of the LEMC the project will
require 27 parking spaces for the manufacturing and warehouse/distribution area and 16
parking spaces for the office use, for a total of 43 parking spaces. Therefore, the project,
as designed will result in a surplus of 7 parking spaces.
BUILDING USE
SQ. FEET
RATIO
REQUIRED
PROVIDED
OFFICE
4,000
1/250
16
16
WAREHOUSE/
MANUFACTURING
13,500
1/500
27
34
TOTAL
17,500
43
50
Page 28 of' 0
INDUSTRIAL DESIGN REVIEW NO. 2013-01
JULY 16, 2012
PAGE 3 OF 4
The proposed 7,500 square foot industrial building addition will not cause any changes in
the existing circulation pattern related to customer traffic and delivery trucks since the
location of the existing point of access will remain the same. The replacement and
additional parking spaces will be designed at 90 -degree angle, and typical parking space
dimensions of nine feet (9') by eighteen feet (18') with a two foot (2) double stripping as
required by the Lake Elsinore Municipal Code (LEMC).
Architecture/Colors and Materials
The applicant is proposing to continue the same characteristics and design in order to be
consistent with the existing "Tilt -Up" industrial building including colors, materials and
sandblast texture finish recessed panels. The design is also continuing the application of
horizontal and vertical rails to accent the recessed panels used throughout the building in
order to provide some interest and dimension to the building elevations. The proposed
addition will blend in with the existing building and make it appear as only one building.
Landscaping
The site currently has 8,800 square feet of landscape and the applicant is proposing and
additional 5,500 square feet for a total of 14,300 square feet or approximately 25.6 percent
of the site which exceeds the minimum of twelve percent (12%) as required by the Lake
Elsinore Municipal Code (LEMC). Considerable thought has been given to the landscape
design and drainage system in order to complimentary tie in with that of the existing
drainage pattern traversing the project site.
Analysis
The proposed 7,500 square foot industrial building addition, parking, and landscape have
been found to be in conformance with all applicable development standards of the Lake
Elsinore Municipal Code.
Environmental Determination
Staff has determined that the proposed project is exempt from the California Environmental
Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the State CEQA
Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332
(Class 32 — In -Fill Development Projects) because the Project is consistent with the
applicable General Plan designation and policies, as well as zoning designation and
regulations, the Project is within the City's boundaries and on a site less than five acres
surrounded by urban uses, the Property has no value as habitat, and approval of the
Project will not result in any significant effects relating to traffic, noise, air quality, or water
quality and the Project is adequately served by all required utilities and public services.
Page 29 of 30
INDUSTRIAL DESIGN REVIEW NO. 2013-01
JULY 16, 2012
PAGE 4 OF 4
Recommendation
Adopt Resolution No. 2013- ; Resolution of the Planning Commission of the City of Lake
Elsinore, California, Recommending City Council Approval of Industrial Design Review No.
2013-01 for a 7,500 Square Foot Addition to the Existing Thermal Electronics, Inc.
Industrial Building Located at 403 Minthorn Street (APN: 377-220-017, 028, & 029), based
on the Findings and Exhibits and subject to the attached Conditions of Approval.
Prepared By: Agustin Resendiz
Associate Planner
Approved By: Richard J. MacHott, LEED Green Associate
Planning Manager
Attachments:
Vicinity Map
Planning Commission
Planning Commission
24" x 36" Plans
Resolution
Conditions of Approval
Page 30 of 30
AGENDA COVER SHEET 31
MEETING OF
EgCity Council F� Redevelopment Agency L:1 Other
DEPARTMENT: COJI/Vh)..J/ Ij zx ti� tv - i'�,�..:�•✓�
CONSENT:
APPEAL
BUSINESS:
RESOLUTION: F1 ORDINANCES F—] PUBLIC HEARING
ATTACHMENTS: 12c30z,Do._.S
ElReport emailed to Clerk
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Submitted by: ���� Date:
Approved by:
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City Manager: Date:
CITY OF
LAISE LSIAORf
DREAM EXTREME -
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: RESIDENTIAL DESIGN REVIEW NO. 2013-03 - A REQUEST
BY RYLAND HOMES FOR APPROVAL OF BUILDING
DESIGNS FOR 106 SINGLE-FAMILY DETACHED
RESIDENTIAL UNITS INCLUDING A MODEL HOME
COMPLEX AND RELATED IMPROVEMENTS, FOR A
HOUSING PROJECT LOCATED WITHIN THE SUMMERLY
DEVELOPMENT OF THE EAST LAKE SPECIFIC PLAN
Recommendation
1. Adopt Resolution No. 2013-QQWA Resolution of the City Council of the City of Lake
Elsinore Adopting Findings that the Project is Consistent with the Multiple Species
Habitat Conservation Plan (MSHCP).
2. Adopt Resolution No. 2013-OSIA Resolution of the City Council of the City of Lake
Elsinore Approving Residential Design Review No. 2013-03, based on the Findings
and Exhibits, and subject to the attached Conditions of Approval.
Background
At its regular meeting on July 16, 2013, the proposed Residential Design Review was
reviewed by the Planning Commission. Items of discussion related to architectural
design and lot layouts. Overall, the Planning Commission expressed satisfaction with
the project and recommended approval (5-0 vote) of Residential Design Review No.
2013-03.
AGENDA ITEM NO. 4
Pagel of 3l
Residential Design Review No. 2013-03
August 13, 2013
Page 2 of 4
Discussion
The applicant is requesting approval of building designs for 106 single-family detached
residential units in the East Lake Specific Plan Amendment No. 6 area (Tract 31920-2),
including a model home complex and related improvements
Floor Plans For Meridian Residences
The proposed 106 -unit project would offer four different plans, which are described as
follows:
1. Plan 1: One-story 1,520 square foot units with three bedrooms; 2 baths; living room;
dining room, kitchen, laundry, and two -car garage.
2. Plan 2: One-story 1,735 square foot units with three bedrooms; 2 baths; great room;
dining room, study (option as fourth bedroom), kitchen, laundry, and two -car garage.
3. Plan 3: Two-story 1,686 square foot units with three bedrooms; 2 baths; living room;
dining room, an upstairs bonus room (option fourth bedroom), kitchen, laundry; and
two -car garage.
4. Plan 4: Two-story 1,847 square foot units with four bedrooms (bedroom two is an
option bonus room); 3 baths; great room; game room, dining room, kitchen, laundry;
and three -car garage. Plan also offers an optional covered patio.
Architecture and Treatments For Meridian Residences
The proposed project would offer three architectural styles and treatments for each of
the four plans, including Spanish, Monterey and Bungalow. The following describes
each of these architectural styles:
• The Spanish Style includes concrete "S" tile roofs, decorative clay pipes, shutters,
stucco window trim, and arched entries.
• The Monterey Style includes concrete flat tile roofs, decorative siding, projected
wainscoting stone veneer, decorative vents & shutters, vertical windows with stucco
trim.
• The Bungalow Architectural Style includes concrete flat tile roofs, siding accents at
gable ends, decorative shutters, vertical windows with stucco trim, and stone veneer.
It should be noted that enhanced, four-sided architectural treatments in the form of
window surrounds will be provided for all the proposed residences as a standard
feature. In addition, the applicant has identified that all lots will receive enhanced
Page 2 of 31
Residential Design Review No. 2013-03
August 13, 2013
Page 3 of 4
elevation treatment in the form of decorative siding, clay pipes, vents, corbels, shutters,
etc., rather than being limited to perimeter lots.
Model Home Complex
The project proposes a three -lot model home complex. The model home complex will
be located off of Village Parkway. The proposed complex provides a designated
handicap access space, full landscape and hardscape improvements, trees, and
shrubs.
Conceptual Wall and Fence Plan
To ensure design consistency, the Conceptual Wall and Fence Plan for the project
shows that those similar walls and fences that are provided elsewhere in the Summerly
area will continue to be provided with the proposed project. Perimeter walls will be
decorative block with pilasters to match the existing Summerly development. Front
returns will be six-foot concrete block walls.
Analysis
City Planning and Engineering Staff have reviewed the requested Design Review
application and have no concerns. Staff believes that the project's architecture;
amenities and improvements; landscaping; and walls and fences (which are consistent
with the design amenities and features previously approved in the immediate area) have
resulted in a well-designed residential project. In addition, the project is compatible with
the overall East Lake Specific Plan area and those existing and future developments
that neighbor the project site.
Environmental Determination
CEQA Guidelines Section 15162 establishes the standard to be used when determining
whether subsequent environmental documentation is necessary. Section 15162 states
that when an environmental document has already been adopted for a project, no
subsequent environmental documentation is needed for subsequent entitlements which
comprise the whole of the action unless substantial changes or new information are
presented by the project.
A Supplemental Environmental Impact Report (SEIR) was approved and adopted in
2004 for the East Lake Specific Plan Amendment No. 6 (SHC #2003071050). The
SEIR evaluated environmental impacts that would result from maximum build -out of the
Specific Plan. The Project does not present substantial changes or new information
regarding the potential environmental impacts of development. Therefore, no additional
CEQA documentation is necessary.
Page 3 of 31
Residential Design Review No. 2013-03
August 13, 2013
Page 4 of 4
Fiscal Impact
Ultimately, the proposed project will have a positive fiscal impact to the community and
the City. It is estimated that the future residents residing within Residential Design
Review No. 2013-04 will generate sales tax revenues for the City of Lake Elsinore. In
addition to the sales tax revenue that will be generated, it is anticipated that the
development of the project will provide necessary construction jobs.
Prepared by: Kirt A. Coury
Project Planner
Reviewed by: Grant Taylor_`
Community Development Director
Richard J. MacHott
Planning Manager I
Approved by: Grant Yates
City Manager
Attachments:
1. Vicinity Map
2. City Council Resolution No. 2013-aWnd Resolution No. 2013-o51.
3. Conditions of Approval
4. Planning Commission Staff Report dated July 16, 2013
5. 11" x 17" Color Architectural Booklet including Building Elevations, Floor
Plans, Wall and Fence Plan, Site and Landscaping Plans and Model Home
Complex Plan
Page 4 of 31
VICINITY MAP
RYLAND HOMES
SUNRISE SPRINGS IN SUMMERLY
TR 31924-2
PROJECT SITE
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Page 6 of 31
RESOLUTION NO. 2013-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS, Ryland Homes, has filed an application with the City of Lake
Elsinore requesting approval of Residential Design Review No. 2013-03 for the
construction of a 106 single-family detached residential development including a model
home complex and associated improvements for property located within the Summerly
development of the East Lake Specific Plan (the 'Project'); and
WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects
within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP")
and Joint Project Review ("JPR") to analyze the scope of the proposed development
and establish a building envelope that is consistent with the MSHCP criteria; and
WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake
Elsinore adopt consistency findings demonstrating that the proposed discretionary
entitlement complies with the MSCHP cell criteria, and the MSCHP goals and
objectives; and
WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.184, requests
for design review are discretionary actions to be considered, reviewed, and approved,
conditionally approved or denied by the Lake Elsinore City Council; and
WHEREAS, the East Lake Specific Plan Amendment No. 6 is partially covered
by two distinct MSHCP criteria cells: approximately three (3) acres of the East Lake
Specific Plan Amendment No. 6 are within cell 4846 and approximately three tenths
(0.3) of an acre are within cell 4937; and
WHEREAS, the Project site within the boundaries of East Lake Specific Plan
Amendment No. 6 that are covered by the aforementioned cell sites; and
WHEREAS, on July 16, 2013 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item; and made its
recommendation that the City Council find that the project consistent with the MSHCP
by adopting Planning Commission Resolution No. 2013-64 recommending to the City
Council find that the project is consistent with the MSHCP; and
WHEREAS, on August 13, 2013 at a public meeting, the City Council has
considered the recommendation of the Planning Commission, as well as evidence
presented by the Community Development Department and other interested parties with
respect to this item.
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follow:
SECTION 1. The City Council has considered the Project and its consistency
with the MSHCP prior to adopting Findings of Consistency with the MSHCP.
Page 7 of 11
City Council Resolution No. 2013-050
Page 2 of 4
SECTION 2. That in accordance with the MSHCP, the City Council makes the
following findings for MSHCP consistency:
1. The Project is a project under the City's MSHCP Resolution, and the City must
make an MSHCP Consistency finding before approval.
Pursuant to the City's MSHCP Resolution, the Project must be reviewed for
MSHCP consistency, which review shall include an analysis of the Project's
consistency with other "Plan Wide Requirements." The Project is located within
the East Lake Specific Plan (ELSP) area, specifically within the ELSP
Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a
series of meetings between the County of Riverside, U.S. Fish and Wildlife
Service, and California Department of Fish and Game to discuss conservation
measures within the ELSP and to decide how to ensure development within the
ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps
of Engineers Section 404 permit. It was determined that a target acreage of 770
acres was warranted for MSHCP conservation in the back basin area of the City.
The Project site is within the ELSP and is covered by that conservation
agreement. Part of the conservation agreement also included a requirement that
projects in the back basin area be consistent with the other "Plan Wide
Requirements" set forth in the following sections of the MSHCP: Protection of
Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines
(MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines
(MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2),
Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping
(MSHCP, § 6.3. 1) requirements, Fuels Management Guidelines (MSHCP, § 6.4),
and payment of the MSHCP Local Development Mitigation Fee (MSHCP
Ordinance, § 4). The Project has been reviewed in light of these sections and is
consistent therewith.
2. The Project is subject to the City's LEAP and the County's Joint Project Review
processes.
The ELSP MSCHP consistency determination was submitted to the County of
Riverside in October 2003, prior to the initiation of the City's LEAP and County's
Joint Project Review process. Nevertheless, both the City and Dudek (acting on
behalf of the County) agreed that the Project was consistent with the MSHCP
due to the extensive acreage set aside for conservation. The Project has not
been modified and was part of the overall ELSP which has been determined to
be consistent with the MSHCP.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools
Guidelines.
The previously approved ELSP Amendment No. 6 was determined to be
consistent with the Riparian/Riverine and Vernal Pool Guidelines as set forth in
MSHCP § 6.1.2. The scope and nature of the Project have not been modified
Page 8 of 31
City Council Resolution No. 2013-050
Page 3 of 4
from that which was previously approved and is therefore consistent with the
Riparian/Riverine Areas and Vernal Pools Guidelines.
4. The Project is consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
The previously approved ELSP Amendment No. 6 was consistent with the
Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP
§ 6.1.3. The Project has not been modified from that which was previously
approved under the ELSP Amendment No. 6. Additionally, based upon prior
approvals, the entire Project site has been graded and any plant species which
may have existed on the site have been removed and replaced with
development. It is for these reasons that the Project is consistent with the
aforementioned guidelines.
5. The Project is consistent with the Additional Survey Needs and Procedures.
The previously approved ELSP Amendment No. 6 was consistent with the
Additional Survey Needs and Procedures as set forth in MSHCP § 6.3.2. The
Project has not been modified from that which was previously approved under
the ELSP Amendment No. 6, and the entire project site has been graded
pursuant to previously issued permits. The Project is consistent with the
Additional Survey Needs and Procedures of the MSHCP.
6. The Project is consistent with the UrbanNVildlands Interface Guidelines.
The previously approved ELSP Amendment No. 6 was consistent with the
Urban/Wildlands Interface Guidelines as set forth in MSHCP § 6.1.4. Because
the Project has not been modified from that which was previously approved
under the ELSP Amendment No. 6, no further MSHCP review is necessary and
the Project is consistent with the Urban/Wildlands Interface Guidelines.
7. The Project is consistent with the Vegetation Mapping requirements.
The previously approved ELSP Amendment No. 6 was consistent with the
Vegetation Mapping requirements as set forth in MSHCP § 6.3.1. Mapping was
conducted as part of the biological surveys for the original project. The Project
has not been modified from that which was previously approved and therefore is
consistent with the Vegetation Mapping requirements.
8. The Project is consistent with the Fuels Management Guidelines.
The previously approved ELSP Amendment No. 6 was consistent with the Fuels
Management Guidelines as set forth in MSHCP, § 6.4. The Project site is not
within or adjacent to conservation areas where the Fuels Management
Guidelines would be required. The Project has not been modified from that
which was previously approved and therefore is consistent with the Fuel
Management Guidelines.
Page 9 of 31
City Council Resolution No. 2013-050
Page 4 of 4
9. The Project will be conditioned to pay the City's MSHCP Local Development
Mitigation Fee.
As a condition of project approval, the Project will be required to pay the City's
MSHCP Local Development Mitigation Fee at the time of issuance of building
permits.
10. The Project overall is consistent with the MSHCP.
As stated in No. 1 above, the Project is within the ELSP area which has
previously been determined to be consistent with the MSHCP.
SECTION 3. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Project, the City Council hereby finds that
the Project is consistent with the MSHCP.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 13th day of August 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
Page 10 of 31
RESOLUTION NO. 2013-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
APPROVING OF RESIDENTIAL DESIGN REVIEW NO. 2013-03
WHEREAS, Ryland Homes, has filed an application with the City of Lake
Elsinore requesting approval of Residential Design Review No. 2013-03 for the
construction of a 106 single-family detached residential development including a model
home complex and associated improvements for property located within the Summerly
development of the East Lake Specific Plan (the "Project'); and
WHEREAS, per Section 9.2.h of the East Lake Specific Plan, the City Council of
the City of Lake Elsinore has been delegated with the responsibility of making decisions
to approve, modify or disapprove recommendations of the Planning Commission for
residential design review applications; and
WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res.
Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA
(14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines"), 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 establishes the standard to be
used when determining whether subsequent environmental documentation is necessary
and says that when an environmental document has already been adopted for a project,
no subsequent environmental documentation is needed for subsequent entitlements
which comprise the whole of the action unless substantial changes or new information
are presented by the project; and
WHEREAS, a Supplemental Environmental Impact Report was approved and
adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050)
and evaluated environmental impacts that would result from maximum build -out of the
specific plan, which contemplated development of single family residential development;
and
WHEREAS, the Project does not present substantial changes or new information
regarding the potential environmental impacts of development; and
WHEREAS, on July 16, 2013 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item; and made its
recommendation in favor of Residential Design Review No. 2013-03 by adopting
Planning Commission Resolution No. 2013-65 recommending to the City Council
approval of Residential Design Review No. 2013-03, and
Page 11 of 31
City Council Resolution No. 2013-051
Page 2 of 3
WHEREAS, on August 13, 2013 at a duly noticed public meeting, the City
Council has considered the recommendation of the Planning Commission as well as
evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follow:
SECTION 1. The City Council has considered the proposed request for
Residential Design Review No. 2013-03 for the construction of a 106 single-family
detached residential development including a model home complex and associated
improvements.
SECTION 2. The City Council finds and determines that no new CEQA
documentation is necessary. The Project comprises the whole of the action which was
analyzed in the previously approved and certified Supplemental Environmental Impact
Report (SCH # 2003071050) for the East Lake Specific Plan Amendment No. 6.
Approval of the Project will not change density or intensity of use; it simply establishes
standards for color palates, articulation, orientation, and design of single family
residential development. Therefore, no further environmental review is necessary.
SECTION 3. That in accordance with State Planning and Zoning Law and the
Lake Elsinore Municipal Code ("LEMC"), the City Council makes the following findings
regarding Residential Design Review No. 2013-03:
1. The single-family detached residential development, as approved, will comply
with the goals and objectives of the General Plan, Specific Plan and the Zoning
District in which it is located.
The single-family detached residential development complies with the goals and
objectives of the General Plan and the East Lake Specific Plan Amendment No.
6. The single family homes will assist in achieving the development of a well-
balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses.
2. The single-family detached residential development complies with the design
directives contained in the East Lake Specific Plan Amendment No. 6 and all
applicable provisions of the Lake Elsinore Municipal Code.
The single-family detached residential development is appropriate to the site and
surrounding developments. The three (3) architectural styles proposed will
create a distinctive street scene within the project site. Sufficient setbacks and
onsite landscaping have been provided thereby creating interest and varying
vistas. In addition, safe and efficient circulation has been achieved onsite.
Page 12 of 31
City Council Resolution No. 2013-051
Page 3 of 3
3. Subject to the attached conditions of approval, the single-family detached
residential development is not anticipated to result in any significant adverse
environmental impacts.
The single-family detached residential development, as reviewed and
conditioned by all applicable City divisions, departments and agencies, will not
have a significant effect on the environment. Approval of the design for the
single-family detached residential development will not result in a substantial
change to the previously adopted Supplemental Environmental Impact Report.
Therefore, no additional environmental review is necessary.
4. Conditions and safeguards pursuant to Chapter 17.184 of the Zoning Code,
including guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the Project to ensure development of the
property in accordance with the objectives of Chapter 17.184.
Pursuant to Section 17.184.070 of the LEMC, the Project considered by the
Planning Commission at a duly noticed public hearing on July 16, 2013; and
pursuant to Section 17.184.090 of the LEMC, the findings and recommendations
of the Planning Commission were considered by the City Council at a public
meeting on August 13, 2013.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the attached conditions of approval, the City Council approves Residential Design
Review No. 2013-03.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 13th day of August 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
Page 13 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
GENERAL
1. The proposed project (Residential Design Review No. 2013-03) consists of building design
and construction of 106 single-family detached residential units and related improvements
for the Ryland housing project located within the Summerly Development of the East Lake
Specific Plan.
2. 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
3. Within 30 days of project approval, 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
4. Design Review approval for Residential Design Review No. 2013-03 will lapse and be void
unless a building permit is issued within two (2) years of the approval date. The
Community Development Director may grant an extension of time for up to one (1) year
prior to the expiration of the initial Design Review approval. An application for a time
extension and required fee shall be submitted a minimum of one (1) month prior to the
expiration date.
5. All construction shall comply with these Conditions of Approval and those provisions and
requirements contained in the East Lake Specific Plan and Lake Elsinore Municipal Code,
prior to issuance of certificate of occupancy and release of utilities.
6. All site improvements shall be constructed as indicated on the approved building elevations
and site plans for the Residential Design Review and the model home complex.
7. Future site plotting and construction shall be consistent with these Conditions of Approval,
those conditions approved with Tentative Tract Map No. 31920 and those provisions and
requirements contained in the Municipal Code, subject to approval by the Community
Development Director or designee.
8. The following architectural details shall be provided:
Planning Commission Approved Page 1 of 12 City Council
July 16, 2013 August 13, 2013
Page 14 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
• All front fence returns will be decorative masonry walls. Wood fences will not be
allowed along the front elevation.
• Additional architectural enhancements and treatments shall be provided for those
side and rear elevations that are within the public view, including shutters on the
elevations facing Mission Trail and Malaga Road. The applicant shall indicate
which specific side and/or rear elevations will be afforded with enhanced
architectural treatments on future precise grading plans, subject to approval by
the Community Development Director or designee.
9. All weep screeds shall be a maximum three inches above any hard surface and four inches
above any earth surface.
10. Any revisions to approved site plans or building elevations shall be reviewed and approved
by the Community Development Director or designee.
11. Materials and colors depicted on the materials board shall be used unless modified by the
Community Development Director or designee.
12.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
Development Director or designee. Precise grading plans shall identify the location of the
aforementioned flat concrete pad and air conditioning units.
13.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.
14.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.
15. The applicant shall comply with all applicable City Codes and Ordinances.
16. Prior to issuance of building permit, building plans for the model home complex shall
comply with all American Disabilities Act (ADA) requirements, including provision of a
handicapped -accessible bathroom.
Planning Commission Approved Page 2 of 12 City Council
July 16, 2013 August 13, 2013
Page 15 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
17.A cash bond shall be required for the model home complex. This bond is to guarantee
removal of the temporary fencing material, parking lot, etc. that have been placed onsite for
the model home complex. The bond will be released after removal of the materials and the
site is adequately restored, subject to the approval of the Community Development Director
or designee.
18.A cash bond of shall be required for any garage conversion of the model(s). Bonds will be
released after removal of all temporary materials and the site is adequately restored,
subject to the approval of the Community Development Director or designee.
19.A cash bond 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.
20.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to
issuance of building permit.
21.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.
22. The design and construction of the project shall meet all County Fire Department standards
for fire protection.
23.All mechanical and electrical equipment associated with the residences 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 or designee, prior to issuance of building permit.
24.All front yards and side yards on corner lots shall be properly landscaped with automatic
(manual or electric) irrigation system to provide 100 percent landscape 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. The Landscape Plan check fee in effect at
the time of landscaping/irrigation plan submittal shall be submitted concurrently with the
submittal of landscaping/irrigation plans to the Community Development Department —
Planning Division for review.
Planning Commission Approved Page 3 of 12 City Council
July 16, 2013 August 13, 2013
Page 16 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
• The applicant shall plant street trees, selected from the City's Street Tree List, at a
maximum of 30 feet apart and at least 24 -inch box in size.
• Planting within 15 feet of ingress/egress points shall be no higher than 36 inches.
• The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the use
of Xeriscape or drought resistant plantings with combination drip irrigation system to be
used to prevent excessive watering.
• All landscape improvements shall be bonded with a 100 percent Faithful Performance
Bond for materials and labor for two years from Certificate of Occupancy.
• 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.
• One of the proposed lots of the Model Home Complex shall be Xeriscaped and signage
provided identifying Xeriscape landscaping.
• The Final landscape plan shall be consistent with any approved site and/or plot plan.
• The Final landscape plan shall include planting and irrigation details.
25.All exposed slopes in excess of three feet in height within the subject tract and within
private lots shall have a permanent irrigation system and erosion control vegetation
installed, as approved by the Planning Division, prior to issuance of certificate of
occupancy.
26. 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.
27. Garages shall be constructed to provide a minimum of twenty feet by twenty feet (20' x 20)
of interior clear space to accommodate two vehicles.
28.These Conditions of Approval and those conditions approved with Tentative Tract Map No.
31920 shall be reproduced on subsequent building plans prior to issuance of building
permit.
Planning Commission Approved Page 4 of 12 City Council
July 16, 2013 August 13, 2013
Page 17 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
29. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and
construction activity. Site preparation activity and construction shall not commence before
7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work
and similar interior construction may be conducted on Saturdays and may commence no
earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not
take place on Sunday, or any Legal Holidays.
30. The applicant shall pay all appropriate City fees.
31.The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP)
Local Development Mitigation Fee prior to obtaining building permits.
32.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.
33.The Homeowner's Association shall maintain all project improvements and facilities,
including the landscaping, park facilities, and drainage improvements.
34.If applicable, the applicant shall participate in the City's Lighting and Landscape
Maintenance District.
35.The developer shall comply with all of the terms and conditions of that certain First
Amended and Restated Development Agreement Between the City of Lake Elsinore and
Laing -CP Lake Elsinore LLC" which recorded on December 17, 2004 in the Official
Records of Riverside County, California as Instrument No. 1001282 and the First Operating
Memorandum of Understanding dated November 23, 2010 by and between the City and
McMillin Summerly, LLC, the successor in interest to Laing, including without limitation the
requirements of Section 12.10 relating to the provision of affordable housing or (at the
election of the developer) payment of an Affordable Housing Fee in the amount of One
Dollar and Thirty Cents ($1.30) per square foot of assessable space.
36.The applicant shall provide all prospective home buyers and home owners a written
disclosure statement identifying that the project is located within an active recreation area.
Such activities will include, but are not limited to sporting activities, water sport and
recreation activities, off road racing, sky diving, hang gliding, etc. Said written disclosure
statements shall indicate that such recreation activities will include, but are not limited to
noise impacts, excessive lighting and dust.
Planning Commission Approved Page 5 of 12 City Council
July 16, 2013 August 13, 2013
Page 18 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
ENGINEERING DIVISION
General Requirements:
37.This project shall comply with the applicable Conditions of Approval of Tentative Tract
31920 as approved by city Council on July 27, 2004.
38. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of
the roadway shall be the responsibility of the property owner or his agent. All overhead
utilities shall be undergrounded.
39. All slopes, open space, and landscaping except for public parks, school property and flood
control district facilities shall be maintained by the property owner or property owner's
association or another maintenance entity approved by the City Council.
40.In accordance with the City's Franchise Agreement for waste disposal & recycling, the
developer shall be required to contract with CR&R Inc. for removal and disposal of all
waste material, debris, vegetation and other rubbish generated during cleaning, demolition,
clear and grubbing or all other phases of construction.
41. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by
development of the site and or diversion of drainage.
42.Any grading that affects "waters of the United States", wetlands or jurisdictional
streambeds, shall require approval and necessary permits from respective Federal and/or
State agencies.
43.All required grading and improvement plans, soils, geology, hydrology and hydraulic, and
seismic reports shall be prepared by a Registered Civil Engineer.
FEES
44.The developer shall pay all Engineering Division assessed Capital Improvement, Plan
Check and Permit fees (LEMC 16.34). Applicable mitigation fees may include: Traffic
Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF). Fee rate will be
assessed at the prevalent rate at time of payment in full.
Planning Commission Approved Page 6 of 12 City Council
July 16, 2013 August 13, 2013
Page 19 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
FLOOD PLAIN
45.The developer shall meet all requirements of LEMC 15.68 and 15.64 regarding floodplain
management and flood hazard regulations. Finish floor elevation of all buildings shall be a
minimum of 1267 feet.
46.The developer shall provide written, signed and sealed certification from a registered Civil
Engineer or licensed Land Surveyor that the finished floor of each structure is at or above
the elevation of 1267 ft.
47. Projects in the back basin shall comply with the special conditions to Permit No. 88-00215-
00-RRS (Lake Elsinore Management Project)
STORM WATER MANAGEMENT / POLLUTANT PREVENTION
48.The developer shall obtain and maintain coverage under the General Permit —
Construction. A copy of the Change of Information (COI) and/or NOI shall be submitted to
the Engineering Division prior to permit issuance. A SWPPP shall be prepared,
implemented and maintained onsite to provide erosion control measures and best
management practices (BMP's) throughout all phases of construction.
49.All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain"
using the City authorized marker to prevent illegal dumping in the storm drain system.
50. The developer shall submit an amendment to the Master Water Quality Management Plan
(WQMP). The requirements of WQMP may affect the overall layout of the project.
Therefore, WQMP submittal should be during the initial process of the project. The final
WQMP must be approved prior to grading permit issuance.
51. DURING CONSTRUCTION, NPDES education guidelines and Best Management Practices
(BMPs) shall be posted to inform users of this development of environmental awareness
and good housekeeping practices that contribute to protection of storm water quality and
meet the goals of the BMPs of the Riverside County NPDES Drainage Area Management
Plan.
IMPROVEMENTS
52.An Encroachment Permit shall be obtained prior to any work on City and/or State right-of-
way. The developer shall submit the permit application, required fees and documents prior
to issuance.
Planning Commission Approved Page 7 of 12 City Council
July 16, 2013 August 13, 2013
Page 20 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
53. Sight distance into and out of the project location shall comply with CALTRANS Standards.
54. All landscaping and fencing at intersections shall meet City Sight Distance Standards.
55. Roof drains shall drain to a landscaped area.
56.The developer shall install permanent bench marks per City of Lake Elsinore Standards
and at locations to be determined by City Engineer.
57. If existing improvements are to be modified, the existing improvement plans on file shall be
modified accordingly and approved by the City Engineer prior to issuance of building
permit.
58.10 -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.
59.All drainage facilities in this project shall be constructed to Riverside County Flood Control
District Standards.
60.All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 Y2' x 11" Mylar) shall be submitted to the Engineering Division before final
inspection of public works improvements will be scheduled and approved.
61.All natural drainage traversing the site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer. All off-site drainage, if
different from historic flow, shall be conveyed to a public facility, accepted by adjacent
property owners by a letter of drainage acceptance, or conveyed to a drainage easement.
62.All Public Works requirements shall be constructed and complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore
Public Works Standard Plans.
63.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant
locations per Lake Elsinore Standards.
64. The developer shall provide signing and striping plans for the required improvements of this
project. The plans shall also incorporate traffic calming measures on local streets.
Planning Commission Approved Page 8 of 12 City Council
July 16, 2013 August 13, 2013
Page 21 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
MMMIMIL
65. Prior to commencement of grading operations, developer is to provide to the City with a
map of all proposed haul routes to be used for movement of export material. All such
routes shall be subject to the review and approval of the City Engineer. Haul route shall be
submitted prior to issuance of a grading permit. Export sites located within the Lake
Elsinore City limits must have an active grading permit. Hauling of over 5,000 cy subject to
City Council approval (LEMC 15.72.065). Costs incurred by City in conjunction with
approval of the haul route shall be paid by the applicant.
66. The project shall comply with CBC 1804.3 site grading requirements.
67.Applicant to provide to the City a video record of the condition of all proposed public City
haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring
public roads to the baseline condition. A bond may be required to ensure payment of
damages to the public right-of-way, subject to the approval of the City Engineer.
68.A grading plan signed and stamped by a California Registered Civil Engineer shall be
submitted for City review and approval for all addition and/or movement of soil (grading) on
the site. The plan shall include separate sheets for erosion control, haul route and traffic
control. The grading submittal shall include all supporting documentation and be prepared
using City standard title block, standard drawings and design manual (available at
www.lake-elsinore.org).
69.All grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
70. If the grading plan identifies alterations in the existing drainage patterns as they exit the
site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be
required prior to issuance of grading permits. All grading that modifies the existing flow
patterns and/or topography shall be approved by the City Engineer.
71. The developer shall apply for, obtain and submit to the City Engineering Division a letter
from Southern California Edison (SCE) indicating that the construction activity will not
interfere with existing SCE facilities (aka SCE NIL).
72.All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper
than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the
City.
Planning Commission Approved Page 9 of 12 City Council
July 16, 2013 August 13, 2013
Page 22 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
73. Developer shall execute and submit grading and erosion control agreement, post grading
security and pay permit fees as a condition of grading permit issuance.
74.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is
required prior to commencement of ANY grading activity.
75. Developer shall pay all grading permit applicable processing, permit, security and
development fees including those fees identified in an applicable development agreement.
PRIOR TO ISSUANCE OF BUILDING PERMIT
76. Provide final soils, geology and seismic report, including recommendations for parameters
for seismic design of buildings, and walls prior to building permit.
77.All internal street improvement and signing and striping plans shall be completed and
approved by the City Engineer.
78.The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan
Check fees (LEMC 16.34).
PRIOR TO OCCUPANCY
79. All signing and striping and traffic control devices for the required improvements internal to
TR 31920-3 shall be installed.
80.All public improvements internal to TR 31920-3 shall be completed in accordance with the
approved plans or as condition of this development to the satisfaction of the City Engineer.
81.TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment
in full in accordance with the LEMC.
82. Final soil report showing compliance with recommendations, compaction reports, grade
certifications, monument certifications (with tie notes delineated on 8 '/2 x 11" mylar) shall
be submitted in .tif format on CD to the Engineering Division before final inspection will be
scheduled.
83. In the event of damage to City roads from hauling or other construction related activity,
applicant shall pay full cost of restoring public roads to the baseline condition.
Planning Commission Approved Page 10 of 12 City Council
July 16, 2013 August 13, 2013
Page 23 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
84. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a
certificate of occupancy, developer shall:
Demonstrate that all structural BMPs required for TR 31920-3 have been constructed,
installed and are functioning in conformance with approved plans and specifications and
the WQMP;
Demonstrate that they are prepared to implement all non-structural BMPs required for
TR 31920-3 included in the conditions of approval or building/grading permit conditions;
Demonstrate that an adequate number of copies of the approved project specific TR
31920-3 Amendment to the WQMP are available for the future owners/occupants; and
The developer shall provide all education guidelines for Water Quality Management
Practices to the separate owners of the development, regarding the environmental
awareness on good housekeeping practices that contribute to protection of storm water
quality and meet the goals of the approved WQMP in the Riverside County NPDES
Drainage Area Management Plan. Contact the City NPDES Coordinator for
handout/guideline information.
85.The property owner shall execute and cause to be recorded an Operations and
Maintenance Agreement in the form provided by the City to inform future property owners
of the requirement to implement the approved final project -specific WQMP.
86.As-built plans for all approved plan sets shall be submitted for review and approval by the
City. The developer/developer/owner is responsible for revising the original mylar plans.
87. The approved, revised plans and Final recorded map(s) shall be provided to the City on a
CD/DVD in .tif format and as GIS Shape files of all final maps and street and storm drain
plans. "ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane
California Zone VI U.S. Fleet.
88.AII final studies and reports shall be submitted in .tif format on a CD/DVD. Studies and
reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, WQMP, etc.
COMMUNITY SERVICES DEPARTMENT
89. The Developer shall pay all applicable park fees.
Planning Commission Approved Page 11 of 12 City Council
July 16, 2013 August 13, 2013
Page 24 of 31
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2013-03
RYLAND AT SUMMERLY LAKE ELSINORE
90. Developer shall comply with all City Ordinances regarding construction debris removal and
recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
LAKE ELSINORE FIRE MARSHAL
91.The applicant shall comply with all City of Lake Elsinore Fire Department requirements and
standards. Provide fire protection facilities as required in writing by the Lake Elsinore Fire
Marshal.
Planning Commission Approved Page 12 of 12 City Council
July 16, 2013 August 13, 2013
Page 25 of 31
Page 26 of 31
CITY OFins
LAKE
LSMORE
DREAM EXTREME -
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRPERSON
AND MEMBERS OF THE PLANNING COMMISSION
FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE
PLANNING MANAGER
DATE: JULY 16, 2013
PROJECT: RESIDENTIAL DESIGN REVIEW NO. 2013-03 - A REQUEST
BY RYLAND HOMES FOR APPROVAL OF BUILDING
DESIGNS FOR 106 SINGLE-FAMILY DETACHED
RESIDENTIAL UNITS INCLUDING A MODEL HOME COMPLEX
AND RELATED IMPROVEMENTS, FOR A HOUSING PROJECT
LOCATED WITHIN THE SUMMERLY DEVELOPMENT OF THE
EAST LAKE SPECIFIC PLAN.
APPLICANT CRAIG MORAES, RYLAND HOMES, 49 DISCOVERY, STE 250
& OWNER: IRVINE, CA 92618
Project Request
The applicant is requesting approval of building designs for 106 single-family detached
residential units in the East Lake Specific Plan Amendment No. 6 area (Tract 31920-2),
including a model home complex and related improvements.
Project Location
The project is located within the East Lake Specific Plan Amendment No. 6 in the
southern section of the City of Lake Elsinore (Vicinity Map).
Page 27 of 31
PLANNING COMMISSION STAFF REPORT
RDR No. 2013-03 FOR RYLAND AT SUMMERLY
JULY 16, 2013
PAGE 2 OF 5
Environmental Setting
Background
The East Lake Specific Plan (ELSP) was adopted by Ordinance No. 955 by the City
Council in June 1993. The Plan consists of 3,000 acres and was originally divided into
three individual districts that included a Marina District, Lakeside Resort, and Recreation
Village. Several Amendments have been made to the East Lake Specific Plan. The
first two amendments changed the central area or Phase One of the Specific Plan. The
changes primarily reduced the number of residential units and commercial uses and
added the allowance of a golf course to the open space area of the plan. Phase One is
the development area where the commonly known "Laing Homes" project is located.
Two other amendments (Amendment No. 3 and No. 4) were related to industrial
development along Corydon Avenue and are both outside of Phase One. Amendment
No. 5 is the marina development located on Lakeshore Drive, known as Waters Edge.
Laing Homes processed East Lake Specific Plan Amendment No. 6 which was adopted
by the City Council on July 24, 2004. This amendment replaced multi -family uses with
single-family uses, provided several parks and added a 165 -acre golf course, club
house, and maintenance and golf cart storage facility.
Description of Residential Design Review No. 2013-04
The following describes the various design components and features of the proposed
project, including floor plans, architecture, model home complex, preliminary plotting of
production units, and the conceptual wall and fence plan.
Floor Plans For Meridian Residences
The proposed 106 -unit project would offer four different plans, which are described as
follows:
Page 28 of 31
EXISTING
LAND USE
ZONING
GENERAL'PLAN
Project
Site
Vacant
Residential 1
East Lake Specific Plan
North
Vacant
Residential 1
East Lake Specific Plan
South
Vacant
Residential 1
East Lake Specific Plan
East
Residential and
Commercial
County of Riverside
County of Riverside
West
Vacant
Residential 1
East Lake Specific Plan
Background
The East Lake Specific Plan (ELSP) was adopted by Ordinance No. 955 by the City
Council in June 1993. The Plan consists of 3,000 acres and was originally divided into
three individual districts that included a Marina District, Lakeside Resort, and Recreation
Village. Several Amendments have been made to the East Lake Specific Plan. The
first two amendments changed the central area or Phase One of the Specific Plan. The
changes primarily reduced the number of residential units and commercial uses and
added the allowance of a golf course to the open space area of the plan. Phase One is
the development area where the commonly known "Laing Homes" project is located.
Two other amendments (Amendment No. 3 and No. 4) were related to industrial
development along Corydon Avenue and are both outside of Phase One. Amendment
No. 5 is the marina development located on Lakeshore Drive, known as Waters Edge.
Laing Homes processed East Lake Specific Plan Amendment No. 6 which was adopted
by the City Council on July 24, 2004. This amendment replaced multi -family uses with
single-family uses, provided several parks and added a 165 -acre golf course, club
house, and maintenance and golf cart storage facility.
Description of Residential Design Review No. 2013-04
The following describes the various design components and features of the proposed
project, including floor plans, architecture, model home complex, preliminary plotting of
production units, and the conceptual wall and fence plan.
Floor Plans For Meridian Residences
The proposed 106 -unit project would offer four different plans, which are described as
follows:
Page 28 of 31
PLANNING COMMISSION STAFF REPORT
RDR No. 2013-03 FOR RYLAND AT SUMMERLY
JULY 16, 2013
PAGE 3OF5
1. Plan 1: One-story 1,520 square foot units with three bedrooms; 2 baths; living room;
dining room, kitchen, laundry, and two -car garage.
2. Plan 2: One-story 1,735 square foot units with three bedrooms; 2 baths; great room;
dining room, study (option as fourth bedroom), kitchen, laundry, and two -car garage.
3. Plan 3: Two-story 1,686 square foot units with three bedrooms; 2 baths; living room;
dining room, an upstairs bonus room (option fourth bedroom), kitchen, laundry; and
two -car garage.
4. Plan 4: Two-story 1,847 square foot units with four bedrooms (bedroom two is an
option bonus room); 3 baths; great room; game room, dining room, kitchen, laundry;
and three -car garage. Plan also offers an optional covered patio.
Architecture and Treatments For Meridian Residences
The proposed project would offer three architectural styles and treatments for each of
the four plans, including Spanish, Monterey and Bungalow. The following describes
each of these architectural styles:
• The Spanish Style includes concrete "S" tile roofs, decorative clay pipes, shutters,
stucco window trim, and arched entries.
• The Monterey Style includes concrete flat tile roofs, decorative siding, projected
wainscoting stone veneer, decorative vents & shutters, vertical windows with stucco
trim.
• The Bungalow Architectural Style includes concrete flat tile roofs, siding accents at
gable ends, decorative shutters, vertical windows with stucco trim, and stone veneer.
It should be noted that enhanced, four-sided architectural treatments in the form of
window surrounds will be provided for all the proposed residences as a standard
feature. In addition, the applicant has identified that all lots will receive enhanced
elevation treatment in the form of decorative siding, clay pipes, vents, corbels, shutters,
etc., rather than limited to perimeter lots.
Model Home Complex
The project proposes a three lot model home complex. The model home complex will
be located off of Village Parkway. The proposed complex provides a designated
handicap access space, full landscape and hardscape improvements, trees, and
shrubs.
Page 29 of 31
PLANNING COMMISSION STAFF REPORT
RDR No. 2013-03 FOR RYLAND AT SUMMERLY
JULY 16, 2013
PAGE 4 OF 5
Conceptual Wall and Fence Plan
To ensure design consistency, the Conceptual Wall and Fence Plan for the project
shows that those similar walls and fences that are provided elsewhere in the Summerly
area will continue to be provided with the proposed project. Perimeter walls will be
decorative block with pilasters to match the existing Summerly development. Front
returns will be six-foot concrete block walls.
Analysis
City Planning and Engineering Staff have reviewed the requested Design Review
application and have no concerns. Staff believes that the project's architecture;
amenities and improvements; landscaping; and walls and fences (which are consistent
with the design amenities and features previously approved in the immediate area) have
resulted in a well-designed residential project. In addition, the project is compatible with
the overall East Lake Specific Plan area and those existing and future developments
that neighbor the project site.
Environmental Determination
CEQA Guidelines Section 15162 establishes the standard to be used when determining
whether subsequent environmental documentation is necessary. Section 15162 states
that when an environmental document has already been adopted for a project, no
subsequent environmental documentation is needed for subsequent entitlements which
comprise the whole of the action unless substantial changes or new information are
presented by the project.
A Supplemental Environmental Impact Report (SEIR) was approved and adopted in
2004 for the East Lake Specific Plan Amendment No. 6 (SHC #2003071050). The
SEIR evaluated environmental impacts that would result from maximum build -out of the
Specific Plan. The Project does not present substantial changes or new information
regarding the potential environmental impacts of development. Therefore, no additional
CEQA documentation is necessary.
Recommendation
Staff recommends that the Planning Commission:
1. Adopt Resolution No. 2013-, A Resolution of the Planning Commission of the
City of Lake Elsinore, California, Recommending that the City Council of the City of
Lake Elsinore Adopt Findings that the Project is Consistent with the Multiple
Species Habitat Conservation Plan (MSHCP).
Page 30 of 31
PLANNING COMMISSION STAFF REPORT
RDR No. 2013-03 FOR RYLAND AT SUMMERLY
JULY 16, 2013
PAGE 5 OF 5
2. Adopt Resolution No. 2013-: A Resolution of the Planning Commission of the
City of Lake Elsinore, California, Recommending to City Council of the City of Lake
Elsinore Approval of Residential Design Review No. 2013-03, based on the
Findings, Exhibits, and subject to the proposed Conditions of Approval.
Prepared By: Kirt A. Coury
Project Planner
Approved By: Richard J. MacHott, LEED Green Associate
Planning Manager
Attachments:
1. Vicinity Map
2. Planning Commission Resolutions
3. Conditions of Approval
4. Color Architectural Booklet including Building Elevations, Floor Plans, Wall and
Fence Plan, Site and Landscaping Plans and Model Home Complex Plan
Page 31 of 31
AGENDA COVER SHEET
MEETING OF'
ElCity Council F-1 Redevelopment Agency F-1 Other
DEPARTMENT: 1 l !1
CONSENT-
FIAPPEAL
BUSINESS:
RESOLUTION: F-1ORDINANCES PUBLIC HEARING
ATTACHMENTS:
V-- Report emailed to Clerk
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CITY OF
LADE , LSIIYOIIE
%_ DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH)
IMPROVEMENT AREA B: ALTERING THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES AND REDUCING MAXIMUM
BOND AUTHORIZATION
Recommendations
1. Adopt a Resolution of Consideration to alter the rate and method of
apportionment of an existing special tax relating to Improvement Area B of City of
Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch)
Background
The City Council established Community Facilities District No. 2005-2 (Alberhill Ranch)
(hereinafter the "CFD") in 2005. The CFD was divided into three (3) improvement areas
and the maximum special taxes and maximum bonded indebtedness was established
for each improvement area at that time. Improvement Area B of the CFD, at build -out,
is projected to contain 482 single family homes and 160 multi -family units. Since the
creation of the CFD, no homes have been constructed and no bonds have been issued
within Improvement Area B.
On July 31, 2013, Castle & Cooke (hereinafter the "Owner") submitted a petition to the
City requesting changes to Improvement Area B; the petition is on file in the City Clerk's
office. In order to facilitate the requested changes, the City required the Owner to
deposit $35,000 to cover the costs of the proceedings.
AGENDA ITEM NO. 5
Page 1 of 27
CFD No. 2005-2 (Alberhill Ranch) Imp. Area B
August 13, 2013
Page 2
Discussion
The Owner has requested that the following changes be made to Improvement Area B:
• Reduce the CFD special tax rates to be in line with current projected home
values and the City's 2% total tax burden policy. Below are the special tax
reductions requested:
Land Use Type
Building Square
Percent
Zone
Foota a
Current Rates
Proposed Rates
Reduction
Single Family
Greater than
$4,093 - $5,672
$2,100 per Unit
49%-62%
3,250
Single Family
2,751 — 3,250
$3,874 - $4,093
$1,800 per Unit
53%-56%
Single Family
2,250 — 2,750
$3,698- $3,874
$1,500 per Unit
59%-61%
Single Family
Less than 2,250
$3,162 - $3,698
$1,200 per Unit
62%-67%
Multifamily
N/A
$2,138 - $2,467
$1,000 per Unit
53%-55%
Apartment
N/A
$23,165 per Acre
$8,786 per Acre
62%
Zone 1
Non -Residential
N/A
$23,165 per Acre
$8,786 per Acre
62%
Zone 1
_
nt
N/A
$689 per Unit
$600 per Unit
13%
ZonApaeme2
Non -Residential
N/A
$5,743 per Acre
$5,000 per Acre
13%
Zone 2
Based on projected home prices, the total tax burden on the properties within
Improvement Area B would decrease from approximately 2.86% to 1.74%. The City
will have an additional opportunity to review the tax total burden on the properties
prior to bond sale.
Process
The change proceeding for the CFD requires a specific process as outlined in the
attached resolution. The City Council is required to hold a public hearing on the
changes and the participating property owners will have the opportunity to cast votes to
approve the changes. The public hearing can be scheduled for September 24, 2013.
Page 2 of 27
CFD No. 2005-2 (Alberhill Ranch) Imp. Area B
August 13, 2013
Page 2
Fiscal Impact
The cost of the legal proceedings for these changes to the CFD has been paid for by
the Owner. The cost of administering the CFD is paid for by the CFD special taxes that
are levied annually.
Prepared by: James R. Riley
Director of Admi strative Services
Approved by: Grant M. Yates
City Manager
Attachment:
1. Resolution No. 2013-052
Page 3 of 27
Page 4 of 27
RESOLUTION NO. 2013-052
RESOLUTION OF CONSIDERATION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE TO ALTER THE RATE AND METHOD OF
APPORTIONMENT OF AN EXISTING SPECIAL TAX RELATING TO
IMPROVEMENT AREA B OF CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH)
WHEREAS, the City Council (the "Council') of the City of Lake Elsinore (the
"City") desires to institute proceedings to alter the rate and method of apportionment of
an existing special tax with respect to Improvement Area B (the "Improvement Area") of
the City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) (the
"District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended,
commencing with Section 53311 of the Government Code of the State of California (the
"Act');
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follow:
Section 1. A public hearing (the "Hearing") on the proposed alterations to the
rate and method of apportionment of existing special taxes shall be held on September
24, 2013, at 7:00 p.m., or as soon thereafter as practicable, at the EVMWD Boardroom
located at 31315 Chaney Street, Lake Elsinore, California 92530. The amended and
restated rate and method of apportionment of the special tax is described in detail in
Exhibit A attached hereto.
Section 2. At the time and place set forth above for the hearing, any interested
person, including all persons owning lands or registered to vote within the Improvement
Area, may appear and be heard.
Section 3. The City Clerk is hereby directed to publish a notice ("Notice") of the
Hearing pursuant to Section 6061 of the Government Code in a newspaper of general
circulation published in the area of the Improvement Area. Such Notice shall contain
the text or a summary of this Resolution, state the time and place of the Hearing, a
statement that the testimony of all interested persons or taxpayers will be heard, a
description of the protest rights of the registered voters and landowners in the
Improvement Area as provided in Section 53337 of the Act and a description of the
proposed voting procedure for the election required by the Act. Such publication shall
be completed at least 7 days prior to the date of the Hearing.
Page 5 ot'27
City Council Resolution No. 2013-052
Page 2 of 2
Section 4. The voting procedure with respect to the proposed alteration of the
rate and method of apportionment of existing special taxes shall be by personal service
or mailed ballot election.
Section 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 13th day of August 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
Page 6 of 27
EXHIBIT A
AMENDED AND RESTATED RATE AND METHOD
OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-2
OF THE CITY OF LAKE ELSINORE (ALBERHILL RANCH)
(IMPROVEMENT AREA B)
Page 7 of 27
SECOND AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2005-2
OF THE CITY OF LAKE ELSINORE
(Alberhill Ranch)
(IMPROVEMENT AREA B)
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes in Improvement Area B of the City of Lake Elsinore Community Facilities District
No. 2005-2 (Alberhill Ranch) ("CFD No. 2005-2"). The Special Tax shall be levied on and collected
in Improvement Area B of CFD No. 2005-2 each Fiscal Year, in an amount determined through the
application of the Rate and Method of Apportionment described below. All of the real property
within Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for
the purposes, to the extent, and in the manner herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable final map, parcel map, condominium plan, or other recorded County parcel map or
instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5,
Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly
related to the administration of Improvement Area B: the costs of computing the Special Taxes and
preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the
costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the
Special Taxes for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, Improvement Area B
or any designee thereof of complying with arbitrage rebate requirements; the costs to the City,
Improvement Area B or any designee thereof of complying with disclosure requirements of the City,
Improvement Area B or obligated persons associated with applicable federal and state securities laws
and the Act; the costs associated with preparing Special Tax disclosure statements and responding to
public inquiries regarding the Special Taxes; the costs of the City, Improvement Area B or any
designee thereof related to an appeal of the Special Tax; the costs associated with the release of
funds from an escrow account; and the City's annual administration fees and third party expenses.
Administration Expenses shall also include amounts estimated by the CFD Administrator or
advanced by the City or Improvement Area B for any other administrative purposes of Improvement
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 8 J2F I
Area B, including attorney's fees and other costs related to commencing and pursuing to completion
any foreclosure of delinquent Special Taxes.
"Apartment Property" means all Assessor's Parcels of Residential Property on which one or more
Apartment Units are constructed.
"Apartment Unit" means a dwelling unit within a building comprised of attached residential units
available for rental by the general public, not for sale to an end user, and under common
management.
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a
Final Map that was recorded prior to the January 1st preceding the fiscal Year in which the Special
Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st
preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an
assigned Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels
by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for
purposes of identification.
"Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D
below.
"Backup Special Tax for Facilities" means the Special Tax of that name described in Section E
below.
"Bonds" means any obligation to repay a sum of money, including obligations inthe form of bonds,
notes, certificates of participation, long-term leases, loans from government agencies, or loans from
banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any
refunding thereof, to which Special Taxes for Facilities within Improvement Area B have been
pledged.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space,
exclusive of garages or other structures not used as living space, as determined by reference to the
building permit application for such Assessor's Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following
December 31.
"CFD Administrator" means an official of the City, or designee thereof, responsible for (i)
determining the Special 'Tax Requirement for Facilities, (ii) determining the Special Tax
City of Lake Elsinore June 22, 2005
Comnwnity Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 9 off_72
Requirement for Services, as defined in Section L, as applicable and (iii) providing for the levy and
collection of the Special Taxes.
"CFD No. 2005-2" means Community Facilities District No. 2005-2 (Alberhill Ranch) established
by the City under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative
Body of CFD No. 2005-2, or its designee.
"County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a
Final Map that was recorded prior to the January I" preceding the Fiscal Year in which the Special
Tax is being levied, and (ii) a building permit for new construction was issued on or before May I"
preceding the Fiscal Year in which the Special Tax is being levied. I3owever, in the event Bonds
have not been issued and the building permit has expired prior to the commencement of new
construction, such Assessor's Parcel shall (a) be re-classified as either Undeveloped Property or
Approved Property, as applicable, for the next fiscal year and (b) be re-classified as Developed
Property based on the issuance of a new building permit for such Assessor's Parcel and the Building
Square Footage indicated on such building permit shall dictate the Assigned Special Tax for
Facilities rate.
"Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes
as provided for in Section J.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates
individual lots for which building permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1 of any year and ending the following June
30.
"Improvement Area B" means Improvement Area B of CFD No. 2005-2, as identified on the most
recent boundary map for CPD No. 2005-2 on file with the County of Riverside Recorder's Office.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to
which Bonds are issued, as modified, amended and/or supplemented from time to time, and any
instrument replacing or supplementing the same.
"Land Use Type" means any of the types listed in Table I and/or Table 2 of Section D.
City of Lake Elsiuore
Community Facilities District No. 2005-2 (Alberhill Ranch)
huprovenrentArea B
June 22, 2005
Amended May 91 2006
Second Amended August 2, 2013
Page 10 oFNI 3
"Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined
in accordance with Section C, that can be levied by CFD No. 2005-2 within Improvement Area B in
any Fiscal Year on any Assessor's Parcel.
"Multifamily Property" means all Assessor's Parcels of Residential Property on which one or more
Multifamily Units are constructed.
"Multifamily Unit" means a dwelling unit within a building comprised of attached residential units
available for sale to an end user.
"Non -Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit was issued for any type of non-residential use.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax
for Facilities obligation for an Assessor's Parcel, as described in Section H.
"Prepayment Amount" means the amount required to prepay the Special Tax for Facilities
obligation in full for an Assessor's Parcel, as described in Section G.
"Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable
Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of
Developed Property subject to the apportionment of the Special Tax for Facilities under step four of
Section F, "Proportionately" in step four means that the quotient of (a) Special Tax for Facilities less
the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the
Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels.
"Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would
otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be
classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property
below the required minimum Acreage set forth in Section J for Zone I or Zone 2 as applicable.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building
permit has been issued for purposes of constructing one or more residential dwelling units.
"Single Family Property" means all Assessor's Parcels of Residential Property other than
Apartment Property and Multifamily Property.
"Single Family Unit" means a residential dwelling unit other than an Apartment Unit or
Multifamily Unit.
"Special Tax" means any of the special taxes authorized to be levied within Improvement Area B
by CFD No. 2005-2 pursuant to the Act.
"Special Tax for Facilities" means any of the special taxes authorized to be levied within
Improvement Area B by CFD No. 2005-2 pursuant to the Act to fund the Special Tax Requirement
for Facilities.
City of Lake Elsinore June, 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 11 ofy74
"Special Tax Requirement for Facilities" means the amount required in any Fiscal Year to pay: (i)
the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that
commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the
release of funds from an escrow account, (iv) any amount required to establish or replenish any
reserve funds established in association with the Bonds, (v) an amount equal to any anticipated
shortfall due to Special Tax for Facilities delinquencies, and (vi) the collection or accumulation of
funds for the acquisition or construction of facilities authorized by CFD No. 2005-2 provided that the
inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on
Undeveloped Property as set forth in Step Three of Section F., less (vii) any amounts available to pay
debt service or other periodic costs on the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor's Parcels within Improvement Area B, which are not
Exempt Property.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, Approved Property or Provisional Undeveloped Property.
"Zone" means Zone 1 or Zone 2.
"Zone I" means a specific geographic area within Improvement Area B as depicted in Exhibit B
attached hereto.
"Zone 2" means a specific geographic area within Improvement Area B as depicted in Exhibit B
attached hereto.
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2013-14, each Assessor's Parcel within Improvement
Area B shall be assigned to Zone 1 or Zone 2 and shall be classified as Taxable Property or Exempt
Property. In addition, each Assessor's Parcel of 'Taxable Property shall be further classified as
Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped
Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as
Residential Property or Non -Residential Property. Lastly, each Assessor's Parcel of Residential
Property shall further be classified as a Single Family Property, Multifamily Property, or Apartment
Property, and each Assessor's Parcel of Single Family Property and Multifamily Property shall be
assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square
Footage.
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 12 0{'y7 5
SECTION C
MAXIMUM SPECIAL TAX FOR FACILITIES
Developed Property
The Maximum Special Tax for each Assessor's Parcel of Single Family Property and
Multifamily Property in any Fiscal Year shall be the greater of (i) the Assigned Annual
Special Tax or (ii) the Backup Annual Special Tax.
The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or
Non -Residential Property shall be the applicable Assigned Special Tax for Facilities
described in Table 1 or Table 2 of Section D
Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed
Property set forth in Table 1 and/or Table 2 may be reduced in accordance with, and subject
to the conditions set forth in this paragraph. If it is reasonably determined by the CFD
Administrator that the overlapping debt burden (as defined in the Statement of Goals and
Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the
City Council and in effect at the time of initial CPD formation, the "Goals and Policies")
calculated pursuant to the Goals and Policies exceeds the City's maximum level objective set
forth in such document, the Maximum Special Tax for Facilities on Developed Property may
be reduced (by modifying Table 1 and/or 'Table 2) to the amount necessary to equal such
maximum overlapping debt burden level with the written consent of the CFD Administrator.
The Maximum Special Tax for Facilities for Approved Property, Undeveloped Property,
and Provisional Undeveloped Property shall also be reduced in accordance with the
Maximum Special Tax for Facilities reductions for Developed Property. Each Maximum
Special Tax for Facilities reduction shall be calculated separately, as reasonably determined
by the CFD Administrator, and it shall not be required that reductions among each "Building
Square Footage" range of Residential Property be proportional. Additionally, the "CPD
Public Facilities" amount in Section G shall be reduced commensurate with an reductions to
the Maximum Special Tax for Facilities pursuant to this paragraph, as reasonably detennined
by the CFD Administrator. The reductions permitted pursuant to this paragraph shall be
reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded
by executing a certificate in substantially the form attached hereto as Exhibit "A".
2. Multiple Land Use Type
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax for Facilities for all Land Use Types located
on the Assessor's Parcel, The CFD Administrator's allocation to each type of property shall
be final.
Approved Property Undeveloped Property and Provisional Undeveloped Property
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
bnprovement Area 6 Second Amended August 2, 2013
Page 13 or2T6
The Maximum Special 'Fax for Facilities for each Assessor's Parcel classified as Approved
Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year
shall be the applicable Assigned Special Tax for Facilities.
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Single Family Property, Multifamily Property,
Apartment Property, or Non -Residential Property shall be subject to an Assigned Special Tax
for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of
Developed Property for Fiscal Year 2013-14 shall be determined pursuant to Table 1 and
Table 2 below
TABLE 1
ASSIGNED SPECIAL FOR FACILITIES TAX RATES
FOR DEVELOPED PROPERTY WITHIN ZONE I
FOR FISCAL YEAR 2013-14
Land Use Type
Buildinlz Square Foota a
Rate
Family Property
Greater than 3,250
$2,100 per Single Family Unit
—Single
Single Fames Property
2,751 – 3,250
$1,800 per Single Family Unit
Single Family Property
2,250-2,750
$0,500pa Single Family Unit
Family Property
Less than 2,250
_$1,200 per Single Family Unit
—Single
Multifamily Propert
N/A
$1,000 per Multifamily Unit_
A artment Prope
N/A
$8,786 per Acre
Nn-Residential Property
N/A
$8,786 er Acre
City of Lake Elsinore
Comnumity Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area 6
June 22, 2005
Amended May 9, 2006
Second Amended August 2, 2013
Page 14 of27 7
TABLE 2
ASSIGNED SPECIAL FOR FACILITIES TAX RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
FOR FISCAL YEAR 2013-14
Land Use Tye
Buildina Scivare Foota a
Rate
Family Property
Greater than 3,250
$2,100
per Single Family Unit
—Single
Sin le Farm Pro ert
2,751 —3,250
$1,800
per Single Family Unit
Family Property
2,250 — 2,750
$1,500
per Single Family Unit
—Single
Sin le Famil Property
Less than 2,250
$1,200
per Single Family Unit
Multifamily Proper
N/A
$1,000
perMultifamil Unit
Apartment Propert
N/A
$600 per Apartment Unit
IE
Non -Residential Property
N/A
$5,000 per Acre
2. Approved Property, Undeveloped Property and Provisional Undeveloped Property
Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and
Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities.
The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved
Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year
2013-14 shall be $8,786 per Acre for Zone 1 and $21,176 per Acre for Zone 2.
3. Increase in the Assigned Special Tax for Facilities
On each July 1, commencing July 1, 2014, the Assigned Special Tax for Facilities rate for
Developed Property, Approved Property, Undeveloped Property and Provisional
Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in
the prior Fiscal Year.
SECTION E
BACKUP ANNUAL SPECIAL TAX FOR FACILITIES
At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's Parcels
of Developed Property classified or reasonably expected to be classified as a Single Family Property
or Multifamily Property within such Final Map area shall be determined by (i) multiplying (a) the
Maximum Special Tax for Facilities rate for Undeveloped Property by (b) the total Acreage of
Taxable Property in such Final Map area, excluding Acreage classified as Provisional Undeveloped
Property, Acreage classified or reasonably expected to be classified as Apartment Property or Non -
Residential Property, and any Acreage reasonably expected to be classified as Exempt Property in
such Final Map area, and (ii) dividing the results in (i) by the total number of Single Family Units or
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 15 o?y I
Multifamily Units reasonably expected to be constructed within such Final Map area. The resulting
quotient shall be the Backup Special Tax for Facilities for each Assessor's Parcel of Single Family
Property or Multifamily Property within such Final Map area. The Maximum Special Tax for
Facilities rate(s) applied in (i) above shall be the applicable Undeveloped Property rate for the Zone
in which each Assessor's Parcel is located; provided, however, if an Assessor's Parcel is located in
two Zones, the Maximum Special Tax for Facilities rate applied shall be the lower of the two
Maximum Special Tax for Facilities rates. If the Assigned Special Tax for Facilities rates for
Developed Property are reduced pursuant to Section C.1, the Backup Special Tax for Facilities for all
Assessor's Parcels of Developed Property classified or reasonably expected to be classified as Single
Family Property or Multifamily Property shall be recalculated based on the revised Developed and
Undeveloped Property Special Tax for Facilities rates.
The Backup Special Tax for Facilities shall not apply to Non -Residential Property or Apartment
Property.
Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or
to be classified as either Single Family Property or Multifamily Property are subsequently changed or
modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax
for Facilities for the area that has been changed or modified shall be recalculated, based on the
methodology above, to equal the amount of Backup Special Tax for Facilities that would have been
generated if such change did not take place.
On each July 1, commencing July 1, 2014, the Backup Special Tax for Facilities rate shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing Fiscal Year 2013-14 and for each subsequent Fiscal Year, the City Council shall levy
Special Taxes for Facilities on all Taxable Property in accordance with the following steps:
Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's
Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax
for Facilities rates in Table 1 and Table 2 to satisfy the Special Tax Requirement for
Facilities.
Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first step has been completed, the Special Tax for Facilities shall be levied
Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the
Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as
needed to satisfy the Special Tax Requirement for Facilities.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, the Annual Special Tax for Facilities
City of Lake Elsiuore June 22, 2005
Comuiunity Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area I3 Second Amended August 2, 2013
Page 16 ofa2l 9
shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property
up to 100% of the Maximum Special Tax for Facilities applicable to each such
Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first three steps have been completed, then the Special Tax for Facilities on
each Assessor's Parcel of Developed Property whose Maximum Special Tax for
Facilities is the Backup Special Tax for Facilities shall be increased Proportionately
from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax
for Facilities as needed to satisfy the Special Tax Requirement for Facilities.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first four steps have been completed, the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Provisional Undeveloped
Property up to 100% of the Maximum Special Tax for Facilities applicable to each
such Assessor's Parcel as needed to satisfy the Special Tax Requirement for
Facilities.
Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against
any Assessor's Parcel of Residential Property for which an occupancy permit for private residential
use has been issued be increased by more than ten percent as a consequence of delinquency or default
by owner of any other Assessor's Parcel within Improvement Area B.
SECTION G
PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
"CFD Public Facilities" means $16,000,000 expressed in 2013 dollars, which shall increase by the
Construction Inflation Index on July 1, 2014, and on each July I thereafter, or such lower amount (i)
determined by the City Council as sufficient to provide the public facilities under the authorized
bonding program for Improvement Area B, or (ii) determined by the City Council concurrently with
a covenant that it will not issue any more Bonds to be supported by Special Taxes for Facilities
levied under this Rate and Method of Apportionment.
"Construction Fund" means an account specifically identified in the Indenture or functionally
equivalent to hold funds, which are currently available for expenditure to acquire or construct public
facilities eligible under CFD No. 2005-2.
"Construction Inflation Index" means the annual percentage change in the Engineering News -
Record Building Cost Index for the city of Los Angeles, measured as of the calendar year which ends
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 17 optn' 0
in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation
Index shall be another index as determined by the City that is reasonably comparable to the
Engineering News -Record Building Cost Index for the city of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to
be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and
minus public facility costs funded by interest earnings on the Construction Fund actually earned prior
to the date of prepayment.
"Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special
Taxes for Facilities which will remain outstanding after the first interest and/or principal payment
date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the
proceeds of prior prepayments of Special Taxes for Facilities.
The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an
Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has
been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property
may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest
charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities
obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for
prepayment shall be determined as described below.
An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall
provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of
such notice, the CFD Administrator shall notify such owner of the Prepayment Amount of such
Assessor's Parcel. The GPD Administrator may charge a reasonable fee for providing this service.
Prepayment must be made not less than 45 days prior to the next occurring date that notice of
redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the
following formula (capitalized terms defined below):
Bond Redemption Amount
plus
Redemption Premium
plus
Future Facilities Amount
plus
Defeasance Cost
plus
Administrative Fee
less
Reserve Fund Credit
less
Capitalized Interest Credit
equals
Prepayment Amount
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 18 013PT111
For an Assessor's Parcel of Developed Property, compute the Assigned
Special Tax for Facilities and Backup Special Tax for Facilities, if any,
applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved
Property or Undeveloped Property, compute the Assigned Special Tax for
Facilities and the Backup Special Tax for Facilities as though it was already
designated as Developed Property based upon the building permit issued or
expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of
Provisional Undeveloped Property compute the Assigned Special Tax for
Facilities for that Assessor's Parcel.
2. For each Assessor's Parcel of Developed Property, Approved Property,
Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a)
divide the Assigned Special Tax for Facilities computed pursuant to
paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned
Special Tax for Facilities applicable to all Assessor's Parcels of Taxable
Property at buildout, as reasonably determined by the City, and (b) divide the
Backup Special Tax for Facilities computed pursuant to paragraph 1 for such
Assessor's Parcel by the sura of the estimated Backup Special Tax for
Facilities applicable to all Assessor's Parcels of Taxable Property at buildout,
as reasonably determined by the City.
Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by
the Outstanding Bonds. The product shall be the "Bond Redemption
Amount".
4. Multiply the Bond Redemption Amount by the applicable redemption
premium, if any, on the Outstanding Bonds to be redeemed with the proceeds
of the Bond Redemption Amount. This product is the "Redemption
Premium."
Compute the Future Facilities Cost.
6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by
the amount determined pursuant to paragraph 5 to determine the Future
Facilities Cost to be prepaid (the "Future Facilities Amount").
Compute the amount needed to pay interest on the Bond Redemption Amount
to be redeemed with the proceeds of the Prepayment Amount until the earliest
redemption date for the Outstanding Bonds.
8. Determine the actual Special Tax for Facilities levied on the Assessor's
Parcel in the current Fiscal Year which has not yet been paid.
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B
June 22, 2005
Amended May 9, 2006
Second Amended August 2, 2013
Page 19 sn,712
9. Estimate the amount of interest earnings to be derived from the reinvestment
of the Bond Redemption Amount plus the Redemption Premium until the
earliest redemption date for the Outstanding Bonds.
10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the
amount computed pursuant to paragraph 9. This difference is the 'Defeasance
Cost."
11. Estimate the administrative fees and expenses associated with the
prepayment, including the costs of computation of the Prepayment Amount,
the costs of redeeming Bonds, and the costs of recording any notices to
evidence the prepayment and the redemption. This amount is the
"Administrative Fee."
12. Calculate the "Reserve Fund Credit" as the lesser of. (a) the expected
reduction in the applicable reserve requirements, if any, associated with the
redemption of Outstanding Bonds as a result of the prepayment, or (b) the
amount derived by subtracting the new reserve requirements in effect after
the redemption of Outstanding Bonds as a result of the prepayment from the
balance in the applicable reserve funds on the prepayment date.
Notwithstanding the foregoing, if the reserve fund requirement is satisfied by
a surety bond or other instrument at the time of the prepayment, then no
Reserve Fund Credit shall be given. Notwithstanding the foregoing, the
Reserve Fund Credit shall in no event be less than 0.
13. If any capitalized interest for the Outstanding Bonds will not have been
expended as of the date immediately following the first interest and/or
principal payment following the current Fiscal Year, a capitalized interest
credit shall be calculated by multiplying the larger quotient computed
pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized
interest fund or account under the Indenture after such first interest and/or
principal payment. This amount is the "Capitalized hrterest Credit."
14. The Prepayment Amount is equal to the sum of the Bond Redemption
Amount, the Redemption Premium, the Future Facilities Amount, the
Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit
and the Capitalized Interest Credit.
15. From the Prepayment Amount, the amounts computed pursuant to paragraphs
3, 4, 10, 12, and 13 shall be deposited into the appropriate fiord as established
under the Indenture and used to retire Outstanding Bonds or make debt
service payments. The amount computed pursuant to paragraph 6 shall be
deposited into the Construction Fund. The amount computed pursuant to
paragraph 11 shall be retained by Improvement Area B.
City of Lake Elsinore Jure 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 20 of T71 3
The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000
increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the hrdenture to be used with the next prepayment
of Bonds or to make debt service payments.
With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the
City Council shall indicate in the records of Improvement Area B that there has been a prepayment
of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in
compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the
prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for
Facilities lien on such Assessor's Parcel and the obligation of such Assessor's Parcel to pay such
Special Taxes for Facilities shall cease.
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for
Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least
1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding
Bonds in each future Fiscal Year.
SECTION H
PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an
Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has
been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped
Property, as calculated in this Section II below, may be partially prepaid, provided that there are no
delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's
Parcel at the time the Special Tax for Facilities obligation would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = (Po — A) x F +A
The terms above have the following meanings
PP= the Partial Prepayment Amount.
Po = the Prepayment Amount calculated according to Section G.
F = the percent by which the owner of the Assessor's Parcel is partially prepaying
the Special Tax for Facilities obligation.
A = the Administration Fee calculated according to Section G.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the
percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment of the Special
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 21 Xp2o7l,l
Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable
fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City
Council shall (i) distribute the funds remitted to it according to Section G, and (ii) shall indicate in
the records of CFD No. 2005-2 that there has been a partial prepayment of the Special Tax for
Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act
within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities
obligation to indicate the partial prepayment of the Special Tax for Facilities obligation and the
partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of
such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special
Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of
Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and
principal payments on all currently Outstanding Bonds in each future Fiscal Year.
SECTION I
TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on
all Assessor's Parcels subject to the Special "fax for Facilities. The Special Tax for Facilities shall
cease not later than the 2052-53 Fiscal Year, however, the Special Taxes for Facilities will cease to
be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required
interest and principal payments on the GPD No. 2005-2 Bonds have been paid; (ii) all authorized
facilities of CFD No. 2005-2 have been acquired and all reimbursements to the developer have been
paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations
of Improvement Area B have been satisfied.
SECTION J
EXEMPTIONS
The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of
California, Federal or other local governments, including school districts, (ii) Assessor's Parcels
which are used as places of worship and are exempt from ad valorem property taxes because they are
owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered
for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's
Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are
encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types
of public uses determined by the City Council, provided that no such classification would reduce the
sum of all Taxable Property to less than 91.03 Acres for Zone 1 and 6.80 Acres for Zone 2.
Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt
Property if such classification would reduce the sum of all Taxable Property to less than 91.03 Acres
for Zone 1 and 6.80 Acres for Zone 2. Assessor's Parcels which cannot be classified as Exempt
City of Lake Elsinore June 22, 2005
Community Facilities Dishict No. 2005-2 (Alberhill Ranch) - Amended May 9. 2006
Improvement Area B Second Amended August 2, 2013
Page 22 Sfl,,Zc715
Property because such classification would reduce the Acreage of all Taxable Property to less than
91.03 Acres for Zone I and 6.80 Acres for Zone 2 will be classified as Provisional Undeveloped
Property, and will be subject to Special Taxes for Facilities pursuant to Step Five in Section F.
SECTION K
MANNER OF COLLECTION
The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, however, that Improvement Area B may collect Special Taxes
for Facilities at a different time or in a different manner if necessary to meet its financial obligations,
and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as
permitted by the Act.
SECTION L
SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section L:
"Developed Multifamily Unit" means aresidential dwelling unit within abuilding in which each of
the individual dwelling units has or shall have at least one common wall with another dwelling unit
and a building permit has been issued by the City for such dwelling unit on or prior to May I
preceding the Fiscal Year in which the Special Tax for Services is being levied.
"Developed Single Family Unit" means a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on
or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied.
"Maximum Special Tax for Services" means the maximum Special Tax for Services that can be
levied by Improvement Area B in any Fiscal Year on any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for Improvement Area B for any Fiscal
Year to pay for the actual costs of maintenance related to the Service Area, and the applicable
Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the
preceding Fiscal Year.
"Service Area" means parks, open space, and storm drains.
"Special Tax for Services" means any of the special taxes authorized to be levied within CFD No.
2005-2 pursuant to the Act to fund the Special 'Tax Requirement for Services.
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 23 Sf�e116
"Special Tax Requirement for Services" means the amount determined in any Fiscal Year for
Improvement Area B equal to (i) the budgeted costs directly related to the Service Area, including
maintenance, repair and replacement of certain components of the Service Area which have been
accepted and maintained or are reasonably expected to be accepted and maintained during the current
Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services
based on the delinquency rate in CFD No. 2005-2 for the previous Fiscal Year, less (iv) the
Operating Fund Balance, as determined by the CFD Administrator.
1. Rate and Method of Apportionment of the Special Tax for Services
Commencing Fiscal Year 2013-14 and for each subsequent Fiscal Year, the City Council shall
levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single
Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non -Residential
Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax
Requirement for Services.
The Maximum Special Tax for Services for Fiscal Year 2013-14 shall be $283.54 per Developed
Single Family Unit, $141.77 per Developed Multifamily Unit, and $639 per Acre for each
Assessor's Parcel of Non -Residential Property.
On each July 1, commencing July 1, 2014, the Maximum Special Tax for Services shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Duration of the Special Tax for Services
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement
for Services, unless no longer required as determined at the sole discretion of the City Council.
3. Collection of the Special Tax for Services
The Special Tax for Services shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that Improvement Area B may collect
the Special Tax for Services at a different time or in a different manner if necessary to meet its
funding requirements.
SECTION M
APPEALS
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
11
Page 24 of'y7
Any properly owner claiming that the amount or application of the Special Tax is not correct may
file a written notice of appeal with the CFD Administrator not later than twelve months after having
paid the first installment of the Special Tax that is disputed. The CPD Administrator shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator's
decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the
property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment
shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s).
The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying
any ambiguity and make determinations relative to the annual administration of the Special Tax and
any landowner or residents appeals. Any decision of the City Council shall be final and binding as to
all persons.
EXHIBIT "A"
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)- Amended May 9, 2006
Lnprovement Area B - Second Amended August 2, 2013
Page 25 SPT7 8
CITY OF LAKE ELSINORE AND CFD NO. 2005-X CERTIFICATE
Pursuant to Section of the Rate and Method of Apportionment of Special Tax (the
"RMA"), the City of Lake Elsinore (the "City") and Community Facilities District No. 2005-2
of the City of Lake Elsinore ("CFD No. 2005-2") hereby agree to a reduction in the Maximum
Special Tax for Facilities for Developed Property, Approved Property, Undeveloped Property,
and/or Provisional Undeveloped Property [within such Improvement Area]:
(a) The information in the RMA relating to the Maximum Special Tax for Facilities for
Developed Property and/or Approved Property, Undeveloped Property, and Provisional
Undeveloped Property within [Improvement Area X of CFD No. 2005-2] shall be
modified as follows:
[insert Table 1 and/or Table 2 shoming effective change to special tax rates,for Developed
Property and/or insert change to special tax rates for Approved Property, Undeveloped
Property, and Provisional Undeveloped Property]
(b) The CFD Public Facilities amount in Section G shall be changed to
2. Table 1 and/or Table 2 and special tax rates for Approved Property, Undeveloped Property, and
Provisional Undeveloped Property may only be modified prior to the issuance of Bonds.
Upon execution of the Certificate by the City and CFD No. 2005-2 the City shall cause an
amended Notice of Special Tax Lien [for the Improvement Area] to be recorded reflecting the
modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD
No. 2005-2, receipt of this Certificate and modification of the RMA as set forth in this Certificate.
CITY OF LAKE ELSINORE
M
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 2005-2
OF THE CITY OF LAKE ELSINORE
Date:
By Date
EXHIBIT "B"
City of Lake Elsinore June 22, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) Amended May 9, 2006
Improvement Area B Second Amended August 2, 2013
Page 26 3'isr19
ZONE MAP
City of Laker, June 22, 2005
Community Facilities District No. 200sW m A Amended May K200,
Improvement Areaa Second Amended Am,w&zo
Page 27 #0a
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City of Laker, June 22, 2005
Community Facilities District No. 200sW m A Amended May K200,
Improvement Areaa Second Amended Am,w&zo
Page 27 #0a
AGENDA COVER SHEET
MEETING OF pl!✓
City Council Redevelopment Agency F Other
DEPARTMENT:
CONSENT:
APPEAL
El BUSINESS:
RESOLUTION: 1-1 ORDINANCES F_� PUBLIC HEARING
r
ATTACHMENTS: M A -P '
Report emailed to Clerk
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FOLLOW UP DIRECTION:
a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a Is a a a a a a a a a l
Submitted by: _ l l� 'Elr.►m Lo Date: D8%/" 13
Approved by:
Department Head: fa- Date: OS114'�IJOY
Finance Director: Date:
City Manager: Date:
CITY OF
LADE )LSINOIZE
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: LOCATION OF COUNTRY CLUB HEIGHTS SURVEY BENCHMARKS
CONTRACT AWARD
Recommendations
1. Award the professional contract to KDM Meridian in the amount of $35,000 for
the replacement of survey benchmarks in the Country Club Heights area.
2. Authorize the Mayor to execute the contract with KDM Meridian.
Background
In 1995 the Public Works Division, in an effort to reduce dust and improve safety,
implemented a project to pave various streets within the Country Club Heights area of
the City. During construction, several surveying benchmarks were covered with asphalt
but they were not raised during the project. City staff was notified by the Joint
Professional Powers Committee (JPPC) that these benchmarks were required to be
restored. For the past 3 -years, staff has been working with the JPPC as well as the
Board of Registration for Professional Engineers and Land Surveyors, 'Board", to
identify the locations at which the benchmarks need to be replaced.
Discussion
Survey benchmarks are placed in various locations throughout the City, and they are
used as reference points in surveying descriptions for parcels and development of
properties. Under the auspices of the City Engineer, the City is responsible to maintain
AGENDA ITEM NO. 6
Page 1 ol' 17
Contract Award
August 13, 2013
Page 2
these benchmarks in the field, as well as the records describing their locations. KDM
Meridian has been reliable and professional in their responsibilities of finding the
covered survey benchmarks in the project area. This project requires the services of a
licensed land surveyor, which is a professional service. Through reference and
experience, staff has confirmed the professional qualifications of KDM Meridian.
Fiscal Impact
The total cost for this next phase of benchmark location project is $35,000 for survey
services and construction administration from the Measure A funds approved by City
Council June 25, 2013.
Prepared by: Ken A. Seumalo 446
Director of Public Works
Approved by: James Riley
Director of Administrative Services
Approved by: Grant M Yates
City Manager - ?'01�
Attachment: Agreement
Vicinity Map
Page 2 of 17
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement") is made and entered into as
of the 13`h day of August 2013, by and between the City of Lake Elsinore, a municipal
corporation ("City') and KDM Meridian ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Consultant to render professional consulting services and related
work as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall 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 in the manner specified in Exhibit A, subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of
this Agreement and shall continue for a period of one (1) year. Renewable up to three (3)
years.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $35,000 without additional
authorization from the City. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Consultant no later
than 30 days after approval of the monthly invoice by City staff. When payments made by City
equal 90% of the maximum fee provided for in this Agreement, no further payments shall be
made until the final work under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that
Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
Page 3 of 17
from City. Extra work will be invoiced separately from services performed in accordance with
the Scope of Services
6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by
and for Consultant, its officers, employees and agents and subcontractors in the course of
implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Consultant for such work, and the City shall have the sole
right to use such materials in its discretion without further compensation to Consultant or to any
other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies,
documents and other writings to City upon written request. City acknowledges that any use of
such materials in a manner beyond the intended purpose as set forth herein shall be at the sole
risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its
officers, officials, agents, employees and volunteers from any claims, demands, actions, losses,
damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the City=s use of such materials in a manner beyond the
intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by
design professionals other than Consultant or provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents & Data at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall
not, without the prior written consent of City, be used by Consultant for any purposes other than
the performance of the services under this Agreement. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the services under this Agreement.
Nothing furnished to Consultant which is otherwise known to Consultant or is generally known,
or has become known, to the related industry shall be deemed confidential. Consultant shall not
use City's name or insignia, photographs relating to project for which Consultant's services are
rendered, or any publicity pertaining to the Consultant's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
Page 4 of 17
8. Consultant's Books and Records
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services, or expenditures and disbursements charged to City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Consultant
to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Manager, City Attorney, City Auditor or a designated representative
of these officers. Copies of such documents shall be provided to the City for inspection at City
Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the
records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above-named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such
records and documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor -in -interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and shall
not act as an agent or employee of the City. Consultant shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Consultant hereby expressly
waives any claim it may have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in
real property and shall not acquire any interest, direct or indirect, in the area covered by this
Agreement or any other source of income, interest in real property or investment which would
be affected in any manner or degree by the performance of Consultant's services hereunder.
Consultant further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control and direction of the
City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
Page 5 of 17
11. Professional Ability of Consultant. City has relied upon the professional training and
ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Consultant to practice its profession. Consultant represents and warrants to City that Consultant
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all
costs and expenses in connection therein), arising out of the performance of this Agreement or
its failure to comply with any of its obligations contained in this Agreement, except for any such
claim arising out of the sole negligence or willful misconduct of the City, its officers, agents,
employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any
notice of cancellation or non -renewal of all Workers' Compensation policies must
be received by the City at least thirty (30) days prior to such change. The insurer
shall agree to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed by Consultant
for City. In the event that Consultant is exempt from Workers' Compensation
Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California, Consultant shall complete
and submit to the City a Certificate of Exemption from Workers Compensation
Insurance in the form attached hereto as Exhibit C.
Page 6 of 17
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 injury, personal injury and property
damage. If a commercial general liability insurance form or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of
the Consultant arising out of or in connection with the work to be performed
under this Agreement, including coverage for owned, hired and non -owned
vehicles, in an amount of not less than one million dollars ($1,000,000) combined
single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or sub consultants. The amount of this insurance
shall not be less than one million dollars ($1,000,000) on a claims -made annual
aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best=s rating of no less than A: VII and shall
be endorsed with the following specific language:
I The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work or
operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City
may have shall be considered excess insurance only and shall not contribute
with it.
iii. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
Page 7 of 17
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16, Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to
the other party at the address set forth below. Notice shall be deemed communicated within 48
hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: KDM Meridian
22541 Aspan Street, Suite C
Lake Forest, CA 92630
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications,
including correspondence, drafts, memoranda, and representations, are superseded in total by
this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to
City for entering into this Agreement is the professional reputation, experience and competence
of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to
City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
obligations of the Consultant under this Agreement will be permitted only with the express
consent of the City. Consultant shall not subcontract any portion of the work to be performed
under this Agreement 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 Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
Page 8 of 17
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be
held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences
any legal action against the other party arising out of this Agreement, the prevailing party shall
be entitled to recover its reasonable litigation expenses, including court costs, expert witness
fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE
("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which
shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. 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 maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the term
of his or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising there from.
28. Equal Opportunity Em to ment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Page 9 of 17
Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. 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.
CITY OF LAKE ELSINORE:
Grant M Yates
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
Page 10 of 17
EXHIBIT "A"
SCOPE OF SERVICES
Page 11 of 17
EXHIBIT
Document Number
City of LAKE ELSINORE County of RIVERSIDE California
Brief Legal Description THE APPARENT CENTFRLINE INTERSECTION OF McBRIDE AVENUE and
HERBERT STREET IN RANCHO LA LAGUNA.
CORNER TYPE COORDR•fATFB (OPMNAL)
N.
Government corner ❑ ControlA Zee NAD27 NA083
Meander C] Property ❑ NAD83 Epoch
Rancho - ❑ Other ❑ Vert. Datum: ❑ NGVD29 ❑ NAVD88
Date of Survey 91�10/09 Meas. Units ❑ Netric E] Imperial
Comer- Left as found ■ Found and togged ❑ Established ❑ Reestablished ❑ Rebuilt ❑
Identification and type of corner found: Evidence used to identify or procedure used to establish or reestablish the corner:
SFE SHEET 2 OF TM RECORD
MONUMENT TIED OUT PRIOR TO STREET RECONSTRUCTION
A description of the physical condition of the monument as found and os set or reset:
1*1 a 11 •• &AM It JZI • p • Ip • • F I •►
Lution, • II'• I ••I •• 113. • 1T • • :• ►• • now
SURVEYORS STATEMENT
This Corner Record was prepared by me or under my direction in conformance with
the Land Surveyors' Act on 01 /20/2010
Signed P.L.S. or al Number_ 7564
COUNTY SURVEYORS STATEMENT
This Corner Record was received
and examined and filed
Signed P.L.S. or R.C.E. Number
Title
County Surveyors Comment
Pogo i of 2
Page 12 of 17
EXHIBIT A
Document Number
LEGEND
FD. 1" IRON PIPE, NO TAG, DOWN 0.98', AT APPARENT CENTERLINE INTERSECTION
SHOWN ON COUNTRY CLUB HEIGHTS UNIT C, M.B. 17/3-4.
■ FD. 1" IRON PIPE W/YELLOW PLASTIC PLUG (ILLEGIBLE), NO -REFERENCE.
Q SET LEAD & BRASS TAG STAMPED "P.L.S. 7564" IN TOP OF CONCRETE CURB.
yFReF1'l
CONC CURB �"
Pogo 2 of 2
ANNUE
76.88
\ 4''FcQ
Page 13 of 17
1WXm
SCHEDULE OF CHARGES
Page 14 of 17
K d M MERIDIAN
Standard
Fee Schedule
PROFESSIONAL SERVICES: HOURLY RATE:
Principal
$180.00
Project Manager
$160.00
Project Surveyor
$140.00
Project Engineer
$140.00
Junior Engineer
$125.00
Survey Technician
$115.00
Engineering Technician
$115.00
AutoCAD Drafter/Designer
$100.00
Clerical/Administration
$ 75.00
Technical Aide
$ 75.00
Expert Witness (4 hour minimum)
$300.00
Survey Crew (1 man w/truck) $125.00
Survey Crew (2 persons) $200.00
Survey Crew GPS (3 persons) $275.00
Survey Crew GPS (4 persons) $350.00
REIMBURSABLES: RATE:
Supplies, Reproduction, Rental of Special Equipment Cost
Subconsultants Cost
Note: Government Agencies and/or private landowner fees, map filings, etc. that are
not explicitly referred to in cost matrix are extra to contract costs.
22541 Aspan Street, Suite C, Lake Forest, California 92630
Telephone: 949-768-0731 Facsimile: 949-768-3731
KDMMeridian.com
Page 15 of 17
Page 17 of 17
C5� City Council
DEPARTMENT:
CONSENT:
APPEAL _
BUSINESS:
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AGENDA COVER SHEET 16) �Se-5
MEETING OF �LIS b 3
F7Redevelopment Agency F-1 Other
VIC&( t rl 6
iyt "
RESOLUTION: 71 ORDINANCES F-1 PUBLIC HEARING
ATTACHMENTS: 4
Report emailed to Clerk
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FOLLOW UP DIRECTION:
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Submitted by: s/.f Cn Date: t>$ "I
Approved
Approved by:
Department Head: "Z dr-/ Date: dS/L/2.0/3
Finance Director: Date:
City Manager: Date:
CITY OF
LADE LSINORE
DREAM EXTREMEn
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: ANNUAL SLURRY SEAL PROGRAM
SUMMERHILL DRIVE FROM CANYON ESTATES
TO VIA DE LA VALLE
PROJECT NO. 4391
Recommendation
Award the Annual Slurry Seal Program for Summerhill Drive (Canyon Estates Drive to
Via De La Valle) to Pavement Coating Company in the amount of $213,932.00 with a
10% contingency.
Background
Summerhill Drive from Canyon Estates Drive to Via De La Valle currently has areas that
show varying degrees of pavement distress. These areas vary from minor block
cracking, to isolated areas of settlement. The areas where the settlement occurred, the
pavement will be removed and the subgrade recompacted and repaved prior to the
slurry seal application. Areas that are alligator cracked will have a cape seal application
applied. Traffic stripes and pavement marking will be in thermoplastic, which will reduce
the long term maintenance costs.
Discussion
On July 18, 2013 at 2:00 PM, the City received 4 bids from qualified contractors for the
Annual Slurry Seal Program for Summerhill Drive, from Canyon Estates Drive to Via De
La Valle. Inspection of the slurry seal will be performed through an existing contract
with Carl Wallace and Associates. The original construction cost estimate for this
project was $470,000. The bids are as follows:
AGENDA ITEM NO. 7
Page 1 of 10
Summerhill Drive
From Canyon Estates Drive to Via De La Valle
August 13, 2013
Page 2 of 3
1. Pavement Coating Company Jurupa Valley $213,932.00
2. COPP Contracting Buena Park $216,861.00
3. American Asphalt South Inc. Fontana $231,494.95
4. All American Asphalt Corona $390,000.00
The apparent low bid represents a construction cost savings of $256,068.
Estimated Pro'ect Schedule:
City Council Award August 13, 2013
Notice To Proceed September 16, 2013
Construction Completion Date November 8, 2013
Fiscal Impact
Total project costs including $57,800 for inspection, administration and contingency is
$271,732. This project is fully funded through Measure A and Gas Tax Grant funding.
Prepared by: Peter Ramey
Project Engineer
Approved by: Ken Seumalo 0
Director of Public Works
Approved by: James Riley '7e! ��
Director of Administrative Services
Approved by: Grant M. Yates
City Manager
Attachments: Vicinity Map
Agreement for Construction Services
Page 2 of 10
Vicinity Map
Summerhill Drive
Slurry Seal Project
Page 3 of 10
Page 4 of 10
Agreement No.
AGREEMENT
PROJECT NO. 4391
SUMMERHILL DRIVE
FROM CANYON ESTATES DRIVE TO VIA DE LA VALLE
This Contract Agreement, made and entered into as of the date signed by the Mayor, by and between the
City of Lake Elsinore, a municipal corporation, County of Riverside, State of California, hereinafter called the
"City" and Pavement Coating Co. hereinafter called the "Contractor."
That the City and the Contractor for the consideration hereinafter named, agree as follows:
1. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the
Contract Agreement, any and all Contract Change Orders issued after the execution of the Contract
Agreement, Addenda No(s). 1 issued prior to the opening of the Bids, the Special Provisions (which
includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the
Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non -
Collusion Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance,
all of which are essential parts of this Contract and made apart of this Contract Agreement. In the event of
any conflict in the provisions thereof, the terms of said Contract documents asset forth above shall control,
each over the other, in the order provided.
2. The Contractor shall furnish all materials, tools, equipment and labor, except as otherwise provided
in the Plans or Special Provisions, and will perform all the work which is necessary to complete in a good,
workmanlike and substantial manner the above said project in accordance with the Contract documents for
this project, the Contract documents which are hereby specifically referred to and by such reference made a
part hereof.
3. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth
in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to
wit, the Base Bid Item(s) and Additive Bid Item(s) in the sum total amount of $213,932.00, subject to
additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all
materials and for doing all the work contemplated and embraced under this Contract Agreement; for all loss
or damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work,
until the work is accepted by the City Council; for all expenses incurred by or in consequence of the
suspension or discontinuance of work; and for well and faithfully completing the work, the whole thereof, in
the manner and in accordance with the Contract documents therefore and the requirements of the Engineer
under them.
4. The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14)
calendar days after the date of authorization specified in the Notice to Proceed. The Contractor agrees to
diligently prosecute the contracted work, including corrective items of work, day to day thereafter, to
completion, within Forty (40) working days after said date in the "Notice to Proceed with Construction,"
except as adjusted by subsequent Contract Change Order(s).
Page 5 of 10
5. The City and Contractor hereby agree that in case all construction called for under the Contract is
not completed within the time hereinabove specified, including City caused delays orextensions, damages
will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and
determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay.
It is, therefore, agreed that such damages shall be presumed to be in the amount of $250.00 per calendar
day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to
Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including
corrective items of work, under this Contract Agreement within the time hereinabove specified and as
adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for
delay(s) occasioned by the failure of the City or of the owner of a utility to provide for the removal or
relocation of utility facilities.
6. The Contractor shall name as additional insured, the City of Lake Elsinore, and shall furnish the City
with a certificate of insurance evidencing liability insurance policy or policies which shall provide coverage
for owned and non -owned automobiles; manufacturers and Contractor's liability; broad form property
damage in any case where the Contractor has any property belonging to the City in his care, custody or
control; owners and Contractor's protective liability; blanket contractual liability; products and completed
operations coverage; coverage for collapse, explosion, and where any excavation, digging or trenching is
done with power equipment; and shall bear an endorsement containing the following Provisions:
Solely as respect to work done by or on behalf of the named insured for the City of Lake
Elsinore, it is agreed that the City of Lake Elsinore, its officers, employees and agents, are
added as additional insured under this policy and the coverage provided hereunder shall be
primary insurance and not contributing with any other insurance available to the City of Lake
Elsinore, its officers, employees and agents; under any third party liability policy.
It is further agreed that the other insurance provision(s) of the policy are amended to
conform therewith.
The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
Insurance companies providing insurance here under shall be rated (A minus: VII - Admitted) or better in
A.M. Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance
business in the State of California.
The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall not be
amended or canceled by the carrier without thirty (30) days prior written notice by certified or registered mail
of amendments or cancellation to the City, except that cancellation for non-payment of premium shall
require (10) days prior written notice by certified or registered mail. In the event the said insurance is
canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of
insurance in the amounts established.
All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that
the City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the effective
date of cancellation, non -renewal, or material alteration of such policy.
Page 6 of 10
All liability insurance shall cover comprehensive general liability for both bodily injury (including death) and
property damage, including but not limited to aggregate products, aggregate operations, aggregate
protective and aggregate contractual with the following minimum limits:
Bodily Injury $500,000.00 $1,000,000.00 $2,000,000.00
Pronerty Damaae $1,000,000.00 $2,000,000.00
A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for each
occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability.
Property Damage Insurance shall cover full replacement value for damages to any property caused directly
or indirectly by or from acts or activities of the Contractor or its sub -contractors or any person acting for the
Contractor or under its control or direction.
The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract
Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned
and non -owned automotive equipment operated. Such coverage limits shall not be less than $1,000,000
combined single limit.
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the
City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the
City, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing
payment of losses and related investigation, claim administration, and defense expenses.
The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance
with limits as established by the State of California.
The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
7. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety
Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a "Faithful
Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials
Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all
work under the Contract pursuant to Section 3247 of the Civil Code.
8. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee
that all work performed under this Contract fully meets the requirements thereof as to quality of
workmanship and materials furnished. If any defects in materials or workmanship become evident within a
period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at
his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full
compliance with the Plans and Specifications.
9. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of
per diem wages established by the California Department of Industrial Relations. The Contractor and any
agents or subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7,
"Public Works and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of
Prevailing Wages upon Public Works," all of which are made a part of the Contract documents.
Page 7 of 10
10. The Contractor agrees that he or she and its subcontractors shall maintain and keep books, payrolls,
invoices of materials, records on a current basis, and recording all transactions pertaining to this Agreement
in a form in accordance with generally acceptable accounting principles. Said books and records shall be
made available to the City of Lake Elsinore, County, the State of California, and the Federal Government
and to any authorized representative thereof for purposes of audit and inspection at all reasonable times
and places. All such books, payrolls, invoices of materials, and records shall be retained for such periods of
time as required by law, provided, however, notwithstanding any shorter period of retention, all books,
records, and supporting detail shall be retained for a period of at least three years after expiration of the
term of this Agreement.
11. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the
substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under
Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall
be deposited with the City of Lake Elsinore, or with a state or federally chartered bank as the escrow agent,
who shall pay such monies to the Contractor. Securities eligible for substitution under this section shall
include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of
deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be
the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or
interest thereon. The Contractor shall give the City written notice within thirty (30) days after the Contract is
awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted
securities are deposited into an escrow, the escrow shall be governed by a written escrow Contract
Agreement in a form which is substantially similar to the Contract Agreement set forth in Section 22300, of
the Public Contract Code.
12. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, its officers, agents,
and employees harmless from any and all liability, claims, damages or injuries to any person, including injury
to the Contractor's employees and all claims which arise from or are connected with the negligent
performance of or failure to perform the work or other obligations of this Contract Agreement, or are caused
or claimed to be caused by the negligent acts of the Contractor its officers, agents, employees, sub-
contractors or suppliers, and all expenses of investigating and defending against the same; provided,
however, that this indemnification and hold harmless shall not include any claims arising from the sole
negligence or willful misconduct of the City, its officers, agents, or employees.
The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation, any
and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a
judicial or administrative action or in arbitration, and whether the issue is between the parties or involves
one or more third parties.
13. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree
to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily
or by action of law, assign any obligation assumed by the Contractor hereunder without prior written consent
of the City.
14. Should either party bring any legal or equitable action for the purpose of protecting or enforcing its
rights under this Contract Agreement, the prevailing party in such action shall recover in addition to all other
relief, its reasonable attorney's fees and court costs to be fixed by the court.
Page 8 of 10
In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys'
fees incurred in any postjudgment proceedings to enforce any judgments in connection with this Contract
Agreement. The Provision is separate and several and shall survive the merge of this Provision into any
judgment.
15. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section
3700, of the Labor Code which require every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance in accordance with the Provisions of that code, and I will
comply with such Provisions before commencing the performance of the work of this Contract.
16. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City
of Lake Elsinore.
17. Contractors are required by law to be licensed and regulated by the Contractors' State License
Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License
Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento,
CA 95826.
(SIGNATURE PAGE FOLLOWS)
Page 9 of 10
City of Lake Elsinore,
Municipal Corporation
10
Financial Administrative Services Director/
City Manager/Mayor
(Select only one please)
DATE:
INTERNAL USE ONLY
ATTEST:
City Clerk
(only needed if Mayor signs)
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
(if contract exceeds $15, 000)
Date
SIGNING INSTRUCTION TO THE CONTRACTOR:
Pavement Coating Company
License No./
Classification: A 303609 . C32
Expiration Date: September 30 2014
Federal I.D. No.: 95-2916670
PRINT NAME: Pavement Coating Company
ADDRESS: 10240 San Sevaine Way
CITY/STATE: Jurupa Valley Ca 91752
SIGNATURE:
TITLE:
DATE:
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
Date
All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a
notary public.
General Partners must sign on behalf of the partnership.
resolution stating that one person is authorized to sign on behalf of all officers attach corporate
resolution immediately following the notary certificates. Corporate Seal may be affixed hereto.
Page 10 of 10
AGENDA COVER SHEET Ae
MEETING OF I
City Council F] Redevelopment Agency El Other
DEPARTMENT: AdLIC VAKS
CONSENT: S44PLF. AE-"TAt- ACd-6; ^cW- Fak f/Q 1 t -*#M _S4# -e5
APPEAL
BUSINESS:
RESOLUTION: F1 ORDINANCES F--] PUBLIC HEARING
ATTACHMENTS: Lot A6
.l &),aP z r.rrn4� .
Report emailed to Clerk
■ a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a
FOLLOW UP DIRECTION:
s a a a a a a a a a a a a a a a a a a a a l a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a i
Submitted by: A�&V 5"64mAtO Date: OV�d 1"13
Approved by:
Department Head: 6/j __.
Finance Director: Z�z
City Manager:
Date:
Date: f�
Date:'
CITY OF
LADE LSINOKE
M DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: CITY PROJECT NO. 4375, SPEED READER/FEEDBACK SIGNS
PROGRAM SUPPLEMENT AGREEMENT NO. N007 TO
ADMINISTERING AGENCY -STATE AGREEMENT NO. 08-5074R
FOR FEDERAL AID PROJECTS
Recommendations
1. Adopt Resolution No. 2013053 approving and authorizing execution of the
Federal Safe Routes To School (SRTSL-5074(014)) Program Supplement
Agreement No.N007 to Administering Agency -State Agreement No. 08-
5074R and all subsequent SRTSL-5074(014) project specific Program
Supplements.
2. Authorize the City Manager to sign SRTSL-5074(014) Program Supplement
No.N007 and all subsequent SRTSL-5074(014) project specific Program
Supplement Agreements.
3. Authorize the City Clerk to return the signed agreement, in duplicate, to
Caltrans Office of Local Programs for execution.
Background
In July of 2011, the City of Lake Elsinore applied for a Federal Safe Routes to School
Grant in the sum of $355,388 to install 18 solar powered speed activated speed
reader/feedback signs to inform drivers of their speed with the intent to gain compliance
with posted speed within elementary and middle school zones. An example of the type
of sign is attached at Exhibit A. The City, working closely with Lake Elsinore Unified
School District staff, identified (7) Lake Elsinore Unified School District elementary and
middle schools in the City limits for sign placement. The schools are: Canyon Lake
Middle School, Cottonwood Canyon Elementary, Elsinore Elementary, Elsinore Middle
AGENDA ITEM NO. 8
Page 1 of 16
Program Supplement No N007 to Agency -State Master Agreement
August 13, 2013
Page 2
School, Machado Elementary, Terra Cotta Middle School and Tuscany Hills
Elementary. Exhibit B provides general information regarding the schools and the
Speed Reader/Feedback Sign locations.
Grant processing began in October of 2011 and tasks included Caltrans review of: (1)
the environmental documents (approved in December of 2012); (2) request for
expedited project selection allowing for release of project funding in fiscal 2012113; and
(3) receipt of the "E-76" document that authorizes the City to begin reimbursable activity
including design, bidding and construction in 2013.
Discussion
Anticioated oroiect timeline:
Activity
Start
Complete
Time Elapsed
Advertise for Bids
August
September
1 month
Award Construction
Contract
September
September
2 weeks
Construction
October
December
3 months
As the State agency responsible for the administration of the Federal Safe Routes To
School Grant, Caltrans has prepared and provided to the City for approval and
execution Program Supplement No. N007, which provides for payment of authorized
project expenses from the Federal -Aid funds.
Fiscal Im act
100% of the cost for installation of the speed reader/feedback signs will be funded by
the $355,388 grant.
Prepared by: Peter Ramey
Project Engineer
Rita Thompson
Senior Engineering Technician
Ken Seumalo AIK
Director of Public Works
Approved by: Grant M. Yates
City Manager .
Attachments: Exhibit A
Exhibit B
Program Supplement No. N007
Resolution m0. 2013-053
Page 2 of 16
EXHIBIT A
EXAMPLES OF SPEED READER/FEEDBACK SIGNS
Page 3 of 16
Page 4 of 16
EXHIBIT B
CIIIIIAOSpeed Reader/Feedback Solar Powered Sign
RK,ECti L-IJsRI iAhy�S t$t R[IM •e ' aserraoa Middle School e"
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Page 5 of 16
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Page 5 of 16
EXHIBIT B
Speed Reader/Feedback Solar Powered Sign
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Page 6 0f 7"�` ""Ir RMIld' G'S
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Page 8
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PROGRAM SUPPLEMENT NO. N007
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 08-5074R
Adv Project ID Date: July 1, 2013
0812000230 Location: 08-RIV-0-ESN
Project Number: SRTSL-5074(014)
E.A. Number:
Locode: 5074
This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid
which was entered Into between the Administering Agency and the State on and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No, approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION:
Various locations throughout the city
TYPE OF WORK: Install speed feedback signs
LU2E $355,388.00 1 LOCAL
CITY OF LAKE ELSINORE
By
Title
Date
Attest
LENGTH: 0.0(MILES)
OTHER
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal) knowledge that budgeted funds are available.for this encumbrance:
Accounting Officer Date $355,388.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
Program Supplement 08 -5074R -N007- ISTEA Page 1 of 4
Page 9 of 16
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV. 01/2010)
Page i of 1
Claims Audits 7/1/2013 10812000230
3301 "C" Street, Rm 404 REQUISITION NUMBER/CONTRACT NUMBER:
Sacramento, CA 95815 RQS_081400000002
Department of Transportation
SUBJECT:
Encumbrance Document
VENDOR/LOCALAGENCY:
CITY OF LAKE ELSINORE
CONTRACTAMOUNT:
$ 355,388.00
PROCUREMENT TYPE:
Local Assistance
ADA Noth For individuals with sensory disabilities,this document Is available In alternate formats. For information, call (916) 654-6410 of TDD (016) -3680 or write
Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814.
Page 10 of 16
08-RIV-0-ESN 07/01/2013
SRTSL-5074(014)
SPECIAL COVENANTS OR REMARKS
1. 1. ADMINISTERING AGENCY agrees to administer PROJECT in accordance with the
applicable SRTS Program Guidelines under which the project was selected.
ADMINISTERING AGENCY agrees to the program delivery and reporting requirements
established for the applicable SRTS Program cycle.
2. ADMINISTERING AGENCY agrees to submit a Student Tally and Parent Survey for
each school to the National Center for Safe Routes to School (NCSRTS). The survey
information (Student Tally and Parent Survey), collected during the regular school year,
must be completed within two months of beginning the PROJECT and within two months
after completing the PROJECT. ADMINISTERING AGENCY agrees to submit a copy of
said surveys to the District Local Assistance Engineer (DLAE). For detailed instructions
on data submission requirements refer to the NCSRTS web site at:
http://www.saferoutesinfo.org/datat
2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
3. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to 'the District
.Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
4. The ADMINISTERING AGENCY will advertise, award and administer this project in
Program Supplement 08.5074R -N007- ISTEA Page 2 of 4
Page 11 of' 16
08-RIV-0-ESN 07/01/2013
SRT$Lr5074(014)
' SPECIAL COVENANTS OR REMARKS
accordance with the current published Local Assistance Procedures Manual.
5. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award and prior to the
submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Please refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual
6. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution
of this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations/obligations for
Federal aid projects, or encumberances for State funded projects, as well as to suspend
invoice payments for any on-going or future project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month
period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a„ Final Report of
Expenditures” within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
7. The Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal -
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
Program Supplement 08 -5074R -N007- ISTEA Page 3 of 4
Page 12 of 16
08-RIV-0-ESN 07/01/2013
SRTSL-5074(014)
SPECIAL COVENANTS OR REMARKS
8. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
(EPLS).
Program Supplement 08 -5074R -N007- ISTEA Page 4 of 4
Page 13 of 16
Page 14 of 16
RESOLUTION NO. 2013-053
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING AND AUTHORIZING
EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. N007
TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 08-5074R
WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR CITY PROJECT 4375, SPEED
READER/FEEDBACK SIGNS.
WHEREAS, before Federal -Aid will be made available for a specific Safe Routes To
School Grant program project, the local public agency (Administering Agency) and State
are required to enter into an agreement relative to prosecution of said project and
maintenance of the completed facility.
WHEREAS, the City has received Federal Safe Routes to School Grant
authorization for Federal -Aid in the sum of $355,388.00 for the installation of 18 speed
reader/feedback signs; and
WHEREAS, Caltrans is the State of California agency responsible for administration
of the Federal -Aid funds; and
WHEREAS, Caltrans has provided to the City for approval and execution Program
Supplement Agreement No. N007 providing for disbursement of Federal -Aid funding for the
Speed Reader/Feedback Signs; and
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follow:
SECTION 1. That it hereby approves "Program Supplement Agreement No. N007"
to the Administering Agency -State Agreement No. 08-5074R.
SECTION 2. Authorizes the City Manager to sign the "Program Supplement No.
N007" and all subsequent project specific Program Supplements to said Agreement; and
Page 15 of 16
City Council Resolution No. 2013-053
Page 2 of 2
SECTION 3. Authorize the City Clerk to return the signed agreement, in duplicate, to
Caltrans Office of Local Programs for execution.
SECTION 4. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED AND ADOPTED this 13th day of August 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
Page 16 of 16
UCity Council
DEPARTMENT:
FVI CONSENT:
APPEAL _
BUSINESS:
RESOLUTION:
AGENDA COVER SHEET
MEETING OF t I
Redevelopment Agency
7',VKe
E] ORDINANCES a
ATTACHMENTS: i - j . ,' a,I,x H /
F] Report emailed to Clerk
UC
Other
_lflakv - `�-/��
PUBLIC HEARING
� F1
60 190 00006 ■ ■ ■ ■ ■ ■ ■ a ■ MEN OEM MEN ■ ■ ■ ■ MORE a ■ a ■ a ■ ■ NUNN ■ ■ ■ ■ KOKERNO ■ EMERSON OBOE 100 01
FOLLOW UP DIRECTION:
■ a ■ ■ a ■ a a a a ■ a ■ a ■ ■ ■ a ■ a ■ ■ a ■ a ■ ■ • ■ a ■ a ■ ■ ■ a ■ ■ ■ a ■ ■ ■ a ■ ■ ■ a M a a a a M M M ■ a ■ a M ■ ■ a ■ ■ ■ ■ a ■ ■ ■ 1
Submitted by: ��71� S'L� Date: 08106 /toi3 _
Approved by:
Department Head: J� 4� Date: I5gLa6j�l3
Finance Director:
Date:
City Manager: Date: E`
1;)c , t -' a, iZ
CITY OF h�
LADE� LSII`�ORE
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: AWARD OF CONTRACT TO BUCKNAM & ASSOCIATES FOR
PAVEMENT MANAGEMENT PROGRAM
Recommendation
Staff recommends that the City Council
Authorize the City Manager to execute a three year service contract (including annual
reviews by staff and approval by City Council) with Bucknam & Associates for pavement
condition and preservation recommendations.
Background
On July 8, 2010 the Lake Elsinore City Council awarded a service contract to Bucknam
& Associates for professional services of pavement conditions City wide. The three year
contract for pavement assessment services includes; analysis, recommendation and
condition of all collector streets and arterial roads within the city.
Discussion
Since the award of contract Bucknam & Associates has proven to be a reliable
company, and has been responsive to the City's needs. Per the City's code, staff is
required to bid out services when the cost exceeds $15,000. The City's purchasing
ordinance permits the City Council to authorize the City Manager to bypass the bidding
process if it is in the best interest of the City.
Staff has confirmed that Bucknam & Associates is willing to extend its contract,
including all costs, at the adjusted prices renewed in 2012.
AGENDA ITEM NO. 9
Page] of 23
Pavement Management Program
August 13, 2013
Page 2
Fiscal_Impact
A not to exceed cost of $45,500.00 per year for a period of three (3) years, including
annual performance reviews by staff, and contract review approval by City Council.
Funding is available in the Pavement Management Budget (Measure A Funding) to
cover the cost of the service.
Prepared by: Julian Perez
Senior Lead Zorker Public Works
Rick De Santiago
Public Works Supe ' endent
Ken Seumalo 06
Director of Public Works
Approved by: Grant Yates
City Manager
Attachments
Agreement 2013/14
Exhibit "A" Scope of Services
Exhibit "B" Schedule of Charges
2010 Schedule of Charges
Page 2 of 23
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement") is made and entered into as
of the 14th day of August 2013, by and between the City of Lake Elsinore, a municipal
corporation ("City") and Buckman & Associates ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Consultant to render professional consulting services and related
work as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall 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 in the manner specified in Exhibit A, subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of
this Agreement and shall continue for a period of one (1) year. Renewable up to three (3)
years.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $45,500 without additional
authorization from the City. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Consultant no later
than 30 days after approval of the monthly invoice by City staff. When payments made by City
equal 90% of the maximum fee provided for in this Agreement, no further payments shall be
made until the final work under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that
Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
Page 3 oi'23
from City. Extra work will be invoiced separately from services performed in accordance with
the Scope of Services
6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by
and for Consultant, its officers, employees and agents and subcontractors in the course of
implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Consultant for such work, and the City shall have the sole
right to use such materials in its discretion without further compensation to Consultant or to any
other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies,
documents and other writings to City upon written request. City acknowledges that any use of
such materials in a manner beyond the intended purpose as set forth herein shall be at the sole
risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its
officers, officials, agents, employees and volunteers from any claims, demands, actions, losses,
damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the City --s use of such materials in a manner beyond the
intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by
design professionals other than Consultant or provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents & Data at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall
not, without the prior written consent of City, be used by Consultant for any purposes other than
the performance of the services under this Agreement. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the services under this Agreement.
Nothing furnished to Consultant which is otherwise known to Consultant or is generally known,
or has become known, to the related industry shall be deemed confidential. Consultant shall not
use City's name or insignia, photographs relating to project for which Consultant's services are
rendered, or any publicity pertaining to the Consultant's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
Page 4 of 23
8. Consultant's Books and Records
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services, or expenditures and disbursements charged to City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Consultant
to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Manager, City Attorney, City Auditor or a designated representative
of these officers. Copies of such documents shall be provided to the City for inspection at City
Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the
records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above-named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such
records and documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor -in -interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and shall
not act as an agent or employee of the City. Consultant shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Consultant hereby expressly
waives any claim it may have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in
real property and shall not acquire any interest, direct or indirect, in the area covered by this
Agreement or any other source of income, interest in real property or investment which would
be affected in any manner or degree by the performance of Consultant's services hereunder.
Consultant further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control and direction of the
City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
Page 5 of 23
11. Professional Ability of Consultant. City has relied upon the professional training and
ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Consultant to practice its profession. Consultant represents and warrants to City that Consultant
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all
costs and expenses in connection therein), arising out of the performance of this Agreement or
its failure to comply with any of its obligations contained in this Agreement, except for any such
claim arising out of the sole negligence or willful misconduct of the City, its officers, agents,
employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any
notice of cancellation or non -renewal of all Workers' Compensation policies must
be received by the City at least thirty (30) days prior to such change. The insurer
shall agree to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed by Consultant
for City. In the event that Consultant is exempt from Workers' Compensation
Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California, Consultant shall complete
and submit to the City a Certificate of Exemption from Workers Compensation
Insurance in the form attached hereto as Exhibit C.
Page 6 of 23
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 injury, personal injury and property
damage. If a commercial general liability insurance form or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of
the Consultant arising out of or in connection with the work to be performed
under this Agreement, including coverage for owned, hired and non -owned
vehicles, in an amount of not less than one million dollars ($1,000,000) combined
single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance
shall not be less than one million dollars ($1,000,000) on a claims -made annual
aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best=s rating of no less than A: VII and shall be endorsed
with the following specific language:
i The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work or
operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City
may have shall be considered excess insurance only and shall not contribute
with it.
iii. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
Page 7 of 23
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to
the other party at the address set forth below. Notice shall be deemed communicated within 48
hours from the time of mailing if mailed as provided in this section. .
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Buckman & Associates
Attn: Peter Buckman, President
25004 La Plaza Dr.
Laguna Nigel, CA 92677
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications,
including correspondence, drafts, memoranda, and representations, are superseded in total by
this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to
City for entering into this Agreement is the professional reputation, experience and competence
of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to
City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
obligations of the Consultant under this Agreement will be permitted only with the express
consent of the City. Consultant shall not subcontract any portion of the work to be performed
under this Agreement 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 Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
Page 8 of 23
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be
held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences
any legal action against the other party arising out of this Agreement, the prevailing party shall
be entitled to recover its reasonable litigation expenses, including court costs, expert witness
fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE
("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which
shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. 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 maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the term
of his or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising there from.
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, color, national origin, handicap, ancestry, sex or age.
Page 9 of 23
Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. 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.
CITY OF LAKE ELSINORE:
Grant a es
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
Page 10 of 23
EXHIBIT "A"
SCOPE OF SERVICES
Page 11 of 23
City of Lake Elsinore, CA
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2013-14 Pavement Management Program+
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TASK 3: Pavement Condition Survey
Once the pavement segmentation has been assessed and verified, the inspection of
approximately 63.3 miles will be performed (33% of the 190 known miles — second
phase of survey). Our survey methodology will include the following approach:
1. Windshield based MicroPAVER survey (performed on Tablets live in the field); our staff
will establish all inspection sample locations for survey based on MicroPAVER guidelines.
2. Automated Digital Roadway Imaging survey (see
Optional Task 10); Bucknam & Associates has recently
performed this service for the cities of Fountain Valley,
Cypress, RSM, Santa Ana, Palmdale and Palm Desert for
PMP and ROW inspections. MicroPAVER sampling
method used. We have included this as an optional
service in case there was an additional interest to survey
public right-of-way elements during our pavement
surveys (i.e. signs, catch basins, manholes, etc.)
Additionally we have provided a recommended survey schedule
for the following two years (FY 2014-15 & FY 2015-16):
Survey 2014/2015 (63.3 miles, second phase of survey under the three-year schedule)
•S Survey 2015/2016 (63.3 miles, third phase of survey under the three-year schedule)
Distress types will be collected based upon actual surface conditions and physical characteristics
of the segment. Surveying methods will be conducted by remaining consistent with MicroPAVER
6.2.5 -- Army Corp of Engineers sampling guidelines while being flexible to current City practices.
Through our windshield surveys, we use a mixture of windshield and walking surveys based on
the functional classification of the roadway and the street conditions found. We will use the
City's GIS centerline live in the field to reduce survey times and project schedules. If the City has
a recent high-resolution aerial (approx. 3") we will use this file during our field survey efforts to
verify street measurements and other segment attributes.
Our use of MicroPAVER-Tablet units allows our staff to collect pavement data with the City of
Lake Elsinore's MicroPAVER database live in the field. At the end of the day all electronic data
is transferred to our office for quality control and management. Our Tablet methodology sets
us apart from the competition since we are using a paper -less inventory process to enter data;
this in turn generates cost savings to enhance other portions of the project such as CIP
reporting, MicroPAVER training, and on-call services.
Roadway Verification Survey - A listing of the field attribute data that is updated/verified during
the survey for the pavement management database is listed below:
1. Field Attribute Data (updated and/or verified)
•:• From/to, indicating the assigned limits of the section, sample test areas, street name, a
street codification
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City of Lake Elsinore, CA
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2013-14 Pavement Management Program Y
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Street ranking indicating local, alley, arterial, collector, # of lanes, surface type
• Historical PCI tracking from previous inspections and 2013 PCI inspections
• Segment quantities, indicating the length, width, and total true area of the section
2. Conditional data will be evaluated for all street segments and will include:
•3 MicroPAVER 20 AC & 19 PCC distresses by type, severity and sample area
PCI ratings (0-100), taking into account the surface condition, level of distress.
❖ Other known or found environmental issues (standing water, site condition, etc.)
We welcome staff members from the City of Lake Elsinore to join our surveys. All pavement
data will be entered into the City's most current licensed software (version 6.2.5). All items
listed above will be maintained by our staff for the duration of this project. Data management
will be performed in-house at our Laguna Niguel / Oceanside offices. At the completion of the
project, the MicroPAVER database will be placed within your information
services/communication network.
3. Section Distress and PCI Reporting
Once inspections are completed, we will generate a draft Pavement Condition Index (PCI)
Report for City staff to review. The City and our staff will review these reports to ensure that all
inventory data is correct and the project is running smoothly.
Quality Control, Status Meetings and Progress Reports
We will use a statistical sampling approach for measuring the quality of our field technician's
work. In this manner, 10 percent of the original surveys (6.3 miles) will be re -surveyed by a
different crew, supervised by a field supervisor, and the results will be compared to the original
surveys. The quality control process involves checking the two field crews' work in a "blind
study" fashion. Quality control checks will be performed at the end of each work week during
the survey efforts. This will be done to ensure that all field personnel are properly categorizing
the distresses and that correct pavement quantities are established for all street segments. At
the time of surveying, our staff will perform several quality control tests within the pavement
management software using a sample set of Lake Elsinore's street distress data. This will ensure
that all system and analysis settings as well as City recommendations and standards are
programmed correctly.
As the project progresses, the database will be updated on a daily basis and evaluated for
missing data. If missing items are found, field personnel are notified and the data, if available, is
collected.
Deliverable: Citywide draft PCI report, quality control reports
TASK 4: Pavement Management Program Meetings
During the pavement condition survey, if necessary, status meetings between Bucknom &
Associates and the City's Project Manager will be held to report on the status of the project,
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City of Lake Elsinore, CA
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2013-14 Pavement Management Program
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issues, and quality control efforts. This is typically done with monthly meetings depending upon
the City's current workload. Any action items that arise from these meetings will be completed
and data collection/entry will continue. There will be a minimum of three meetings during the
project.
Monthly progress memo's will be delivered to the City to update City management on the
progress of key scope tasks.
Deliverable: Project status letter (monthly), quality control schedule report (monthly), draft
PCI report (by section).
TASK 5: Pavement Statistics
With pavement condition surveys completed, our staff will generate detailed and accurate
reports demonstrating the data indicated below:
Street centerline miles, lane miles, and pavement area
o Reported as an entire network
o Report by functional classification (arterial, collector, etc.)
Current street network Pavement Condition Index rating
o Reported as an entire network
o Reported by functional classification (arterial, collector, etc.)
•3 Pavement segment tabular listing for the entire street network
o PC] report — sorted by PCI
o PCI report — sorted alphabetically
❖ Work History report indicating all maintenance recorded within MicroPAVER
Deliverable: Network Zone Report, Final PCI report, GIS maps, and project status letter.
DEVELOP RECOMMENDED IMPROVEMENT PROGRAM
TASK 6: Maintenance & CIP/Budgetary Analysis
We will assist the City in developing the most cost-effective preventative maintenance, repair and
rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss
and strategize maintenance activities that are currently being used by the City. Based on the
City's current AC & PCC applications and other maintenance practices used we will conduct an
historical and prospective analysis on the conditional and financial impact these practices have on
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City of lake Elsinore, CA
2013-14 Pavement Management Program ` {F e171 LII10FE
the pavement network. Based on our fiscal and deterioration analysis, we will present our results
and recommendations to City staff. This analysis will become an essential building block for the
2013-2018 maintenance programs.
We will establish a maintenance "decision tree" that will be used to generate pavement
recommendations that match current 2013 maintenance approaches. The pavement software
will generate a deterioration curve based on functional class (arterial, residential, industrial) and
age.
Our staff will review the lake Elsinore's deterioration curves that have been developed based on
historical pavement condition, inspection, surface type, and road class. The curves will be
modified based on 2013 pavement conditions. The strategies that are typically reviewed are
rehabilitation and reconstruction (R&R), localized maintenance, grinding, slurry seals, AC on PCC
and overlay, the expected improvement in pavement condition, the life-cycle extension that
would result and the unit costs for maintenance.
All maintenance practices/unit costs will be integrated into PMS and will be derived from the most
recent construction bids for pavement rehabilitation. We will account for inflation rates when
long-term revenues projections are made.
Our staff will also review and recommend an updated residential maintenance cycle approach
(for the City's consideration) that will allow us to proactively schedule localized maintenance
efforts throughout the seven-year CIP.
Our Project Manager and Principal will work closely with City in defining repair and
rehabilitation strategies during each fiscal year (i.e. 2013-2018). Once the repair/rehabilitation
strategies have been defined, the identification of a seven year Forecasted Maintenance
schedule will be generated.
The recommended budget scenarios will be identified on the basis of several criteria:
**N Present pavement conditions; Desired levels of service and available resources
*� Cost benefit of individual strategies (e.g. reach a PCI of 80 in 5 -years, etc.)
*%N Scheduling with the City's major CIP projects (water, sewer, etc.)
*N Accrued backlog levels and stabilization of maintenance backlog
N% Future Measure A and AHRP objectives and improving citywide weighted PC
The primary emphasis of this task is to maximize the programming of street maintenance
projects using the most cost-effective strategies available and taking into account a life -cycle
cost analysis. A working "draft" Final Report will be generated for City staff to review. This
report will include an executive summary, the Pavement Condition Report as well as draft
budgetary findings and recommendations. It will include:
!N Priority listings (PCI's from 100-0)
NN Multi -Year CIP identifying arterial and residential maintenance (per section)
recommendations (slurry, overlay, recon, etc.) associated with a construction cost
*N Recommendations for residential maintenance in "groupings" or zones.
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City of Lake Elsinore, CA
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2013-14 Pavement Management Program r'
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DDI-Axl LX1yahit
N% Executive Summary and Methodologies used
Deliverable: Four copies of the Draft Pavement Management Program Report
TASK 7: Citywide Pavement Management CIP Report
We will deliver the Final Report to the City which will be essential for staff reference and
presented in a way that is beneficial for elected officials/upper management. The report will be
prepared in a format that uses the information delivered by MicroPAVER in conjunction with the
information and analysis performed by our team. The report will also provide the City with
information on:
❖ Current inventory and pavement conditions indices (PCI) for all road classes
❖ Projected annual rehabilitation programs for street maintenance for a multi-year period
(ARTERIAL and RESIDENTIAL Forecast Maintenance Reports) that show the largest
return on investment and acceptable levels of service
❖ Modeling and comparison of budget scenarios typically include:
■ Maintenance required to complete all streets within 5 -years
■ Current/ Actual budget projection (citywide approach)
❖ Strategies and recommendations for the City's AHRP, Prop 42 and maintenance
programs and procedures, including a preventative maintenance schedule
❖ Supporting documentation required by Measure A
A detailed breakdown of deferred maintenance (backlog)
• The PMP will be presented to the Lake Elsinore City Council and/or upper management.
Deliverable: Three (3) copies of the Final Pavement PMR Report (plus one original signed
by our Registered Engineer, CA No. 20903), in binder and electronic form (.pdf), will be sent to
the City. Final PMP database will be installed at City.
TASK 8: Mapping of the Pavement Management Program
As an enhancement and proactive approach to this project, our staff will update the established
Pavement -GIS link between the pavement database and the City's GIS system based on 2013
data.
As the City continues to mature in its GIS development, programming and use, our
understanding of the GIS short-term and long-term goals will play a large part in implementing a
successful PMS -GIS link for this project.
We will support the City with GiS services that:
• Establish a Pavement Management GIS project file (.mxd) that will include the following
information for a given pavement segment:
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City of Lake Elsinore, CA
oi!�_
2013-14 Pavement Management Program Iti ,}� 0
LAISE LILSINOR,E
❖ PCI values for every section
Work History identifications
❖ Multi -yr Arterial Rehabilitation, Residential Rehabilitation and Slurry Seal Programs
Functional classification maps
Pavement areas, width, length and material type
Once the City has approved the 2013 Pavement Condition Report, our staff will update all
necessary pavement -GIS linkages. By using the unique ID's within the PMS and assessing the
City's GIS centerline ID's, we will utilize the one-to-one match for each pavement section in the
GIS. As new pavement inspections are completed and entered into the pavement program, the
link that we have established will show the most current inspection PCI through ArcGIS
software.
Deliverable: Complete GIS files/themes based on list above.
TASK 9: On -Call Services
Pavement Management Program Support
Bucknam & Associates will provide annual support for a period of two years where we will
provide quality and accurate use of the in-house operation of Micro PAVER software. Once the
City has approved the Pavement Condition Index Report under this years work effort, this
service will become active. Our typical On -Call services include:
NN Additional budget scenarios, general reporting, deterioration studies
♦N Additional visual inspections above the mileage amount indicated in Task 3
!N Additional pavement management — GIS mapping
4� Additional MicroPAVER training, operation use
It Enter annual work ARTERIAL and RESIDENTIAL maintenance records
Also, if requested, Bucknam & Associates assess and review the City's upcoming maintenance
schedule for that fiscal year. The agreement will continue to include the provision of onsite and
telephone support for the City staff.
1-9
Page 17 of 23
City of Lake Elsinore, CA
2013-14 Pavement Management Program
5) Optional Tasks
TASK 8: Digital Roadway Imaging (Street and Public ROW)
As an alternative survey methodology, our staff will
implement a survey methodology that will support
Task 3 efforts as well as implement a proactive and
cost efficient GPS survey methodology that will allow
for the collection of numerous GPS locations using
"one" set of digital imagery (e.g. five citywide
infrastructure surveys for the cost of one).
Beyond the pavement survey capabilities, the City will
be able to collect other public ROW assets in the
future such as signs, driveways, catch basins and
other ROW features; a tremendous costs savings that
reaches $400,000 over the next 3 years.
C'' 1'tL.
LAKE LSI N0 E
`V DRIAM E)O itLMI
The survey consists of our van traveling at posted speed limits taking "digital" images of the
street and public ROW. These images then allow our technicians to collect GPS locations (at
sub -meter accuracy) for any specified infrastructure. Our automated digital imaging allows
technician to collect the following:
• Continuous pavement imaging (images taken every 5 meters, competition typically
surveys at every 8 meters/25 feet intervals)
• MicroPAVER AC and PCC distresses (e.g. linear/transverse cracking, alligator, patching,
bleeding, block cracking, etc.
• Surface roughness ratings (IRI)
• Rutting depth (full width of lane or street)
• Imaging captures 100% of each pavement segment (not just one lane)
• Optional Ground Penetrating Radar (GPR) for arterials and collectors
• 2mm pixel images allows for centimeter horizontal and vertical accuracy
The first survey process will involve the mobile GPS vehicle taking approximately two -week's
time to survey the Lake Elsinore's street network; additionally, the vehicles drive the posted
speed limits. The images that are collected are
taken by using Sony digital stereographic cameras (6+
cameras) positioned on the vehicle. The images
have a resolution of 1600x1200 and are geo- -
referenced by means of inertial GPS equipment
contained within the van; images are taken every 4-�
to 6 meters 15 ft intervals. —
Survey vehicles are equipped with digital measuring` h
instrumentation (DMI) that will be used to verify all
pavement section lengths and widths. Our vehicles
1-10
Page 18 of 23
City of Lake Elsinore, CA
C 11-Y OF ,
2013-14 Pavement Management Program ,1.� .
LAKE LSINC7KE
DKI., kt LKIRcMt
can be equipped with road roughness rating equipment, strip mapping cameras and are set to
record 360 degree street imaging.
The survey will be performed by the Bucknom & Associates team that is experienced and trained
in pavement condition assessment using LambdaTech's "Feature Extraction" software. All
imagery taken during the survey will become property of the City. These images sets can then
be used within the City's existing GIS enterprise or for collecting additional data as the need
arises.
Project Schedule
Our project schedule shows each major task identified in our scope of work, as well as quality
control milestones and meetings.
With a completed survey, our team will work with you to establish a PMP that provides specific,
manageable pavement segments, detailed maintenance schedules of needed repairs and cost
conscious maintenance recommendations that will assist you in preparing budget estimates
required to complete the scheduled work for fiscal year 2013-14 and beyond.
Page 19 ole 23
Page 20 of 23
EXHIBIT "B"
SCHEDULE OF CHARGES
Page 2I of 23
City of Lake Elsinore, CA
CITY of
oi��-
2013-14 Pavement Management Program r"+
LAKE LSII OU-
i)KL%tie EM KIML
Proposed Fee
Presented below is a summary of the proposed fee to perform the services outlined in the scope
of work above. It is intended that our services will be provided on a time & material, not -to -
exceed basis plus reimbursable expenses in accordance with the attached hourly rates.
Total Estimated Fee for Tasks 1 through 9 $32,828
Additional services will be negotiated when the City indicates the need for activating the
services described above. These additional services will be considered contingency items within
the contract.
Should the City desire to increase the service level above the task description outlined above for
the Task 1 through 9 or require other services not described herein, a fee adjustment would be
negotiated and mutually agreed upon by both parities.
1-12
Page 22 of 23
i
Pavement Management Program 2010
Fee Proposal - May 3, 2010
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Page 23 of 23
CCI
AGENDA COVER SHEET 1� 5 xl
MEETING OF AcI(�(1S /3. 20/3
F>1 City Council F-1 Redevelopment Agency F-1 Other
DEPARTMENT: 64, lT l A)l IX :PfV6- W1Zo /7— — PLJ/-✓I-+ ,
CONSENT:
APPEAL _
L__.J BUSINESS:
RESOLUTION: IT3 ORDINANCES � PUBLIC HEARING
ATTACHMENTS: _ Ci_
ISReport emailed to Clerk
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FOLLOW UP DIRECTION:
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Submitted by, Date:
Approved by:
Department Head: n r _4 Date•/ifJ ^—
Finance Director: Date:
City Manager: Date:
CITY OF
LADE LSMORE
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: SPECIFIC PLAN AMENDMENT NO. 2013-02 — THE TENTH
AMENDMENT TO THE EAST LAKE SPECIFIC PLAN TO (1)
CHANGE THE LAND USE DESIGNATION OF PLANNING AREA
46 FROM OPEN SPACE TO RESIDENTIAL -1 WHICH ALLOWS UP
TO 6 DWELLING UNITS PER ACRE. THE TOTAL NUMBER OF
RESIDENTIAL UNITS IN THE APPROVED EAST LAKE SPECIFIC
PLAN WILL NOT CHANGE; AND (2) TO AMEND THE DESIGN
REVIEW PROCESS TO DESIGNATE THE PLANNING
COMMISSION AS THE FINAL DECISION -MAKER ON
RESIDENTIAL DESIGN REVIEW PROJECTS.
REVISION TO TENTATIVE TRACT MAP NO 31920
CONSISTENT WITH THE PROPOSED SPECIFIC PLAN
AMENDMENT CHANGE IN THE LAND USE DESIGNATION OF
PLANNING AREA 46 FROM OPEN SPACE TO RESIDENTIAL -1,
WHICH ALLOWS UP TO 6 DWELLING UNITS PER ACRE; A
REVISION TO TENTATIVE TRACT MAP NO. 31920 IS PROPOSED
TO CREATE 17 SINGLE-FAMILY RESIDENTIAL LOTS.
ENVIRONMENTAL CLEARANCE FOR THE PROJECTS ARE
PROVIDED BY THE FINAL EIR FOR THE EAST LAKE SPECIFIC
PLAN, IN CONFORMANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
Recommendation
1. Waive further reading and introduce by title only: Ordinance No. 2013-1316 An
Ordinance of the City Council of the City of Lake Elsinore Approving Specific Plan
Amendment No. 2013-02, Amendment No. 10 to the East Lake Specific Plan, by roll
call vote.
AGENDA ITEM NO. 10
Page 1 of 45
SPA No. 2013-02 & Revised TTM No. 31920 for Summerly
August 13, 2013
Page 2 of 4
2. Adopt Resolution No. 2013-OTF, Resolution of the City Council of the City of Lake
Elsinore Approving a Revision to Tentative Tract Map No. 31920, subject to the
recommended Conditions of Approval.
Background
At its regular meeting on July 16, 2013, Planning Commission reviewed the proposed
Specific Plan Amendment (SPA) No. 10 to the East Lake Specific Plan (ELSP) and
Revised Tentative Tract Map (TTM) in the Summerly community. The Planning
Commission's discussion and questions were related to requesting clarification on the
tract map and exhibits that were referenced in the proposed Specific Plan Amendment.
Overall, the Planning Commission expressed satisfaction with the project and
recommended approval (5-0 vote) of Specific Plan No. 2013-02 as the tenth
amendment to the East Lake Specific Plan (SPA 10) and the accompanying Revised
Tentative Tract No. 31920.
Discussion
Specific Plan No. 2013-02 - Amendment No. 10 to the East Lake Specific Plan
SPA 10 to the ELSP proposes to accomplish two changes. SPA 10 proposes to change
the land use designation of four acres (Planning Area (PA) 46) within the Recreation
Village District of the ELSP and to modify the Design Review process to allow Design
Review applications to be considered and approved by the City Planning Commission
with an available appeal process to the City Council. SPA 10 only proposes changes to
the originally adopted 1993 ELSP and SPA 6, the latter of which was limited to the
Recreation Village District of the ELSP. As such, the land use change proposed as part
of SPA 10 does not supersede SPAs that have amended land uses in other portions of
the ELSP. The proposed modification to the Design Review process, however, would
affect the process for the entire ELSP.
Revised Tentative Tract Map No. 31920
The Tenth Amendment to the Specific Plan is accompanied by the property owner's
proposal to revise TTM No. 31920, which would implement the requested change to
residential use for PA 46 (Parcel 27 on the approved TTM 31920 and proposed Revised
TTM.) Consistent with the requested SPA No. 10, Revised TTM No. 31920 was
submitted to propose subdividing PA 46/1-ot 27 for residential use. An additional 17
residential lots will be created by the subdivision of PA 46. The minimum lot size would
be 6,000 square feet and the maximum lot size would be 11,862 square feet. The
subdivision is designed around a "T" -shaped street with cul-de-sacs at the ends and
connects to internal local streets within the Summerly community. The proposed street
Page 2 of 45
SPA No. 2013-02 & Revised TTM No. 31920 for Summerly
August 13, 2013
Page 3 of 4
design is consistent with the approved tract map's local street section with two travel
lanes, parking and sidewalks on both sides of the street.
Analysis
Staff has reviewed the SPA No. 10 document and Revised Tentative Tract Map No.
31920 and has no concerns or objections to the proposed residential use on PA 46 or
the requested process change related to the Design Review process, should the
recommended Conditions of Approval be satisfied. It should be noted that even with the
additional 17 lots, the total number of single-family residences permitted within the
ELSP will remain unchanged. The proposed project is consistent with the General Plan
Land Use Element, the intent and purposes of ELSP.
Environmental Determination
CEQA Guidelines Section 15162 establishes the standard to be used when determining
whether subsequent environmental document is necessary. Section 15162 states that
when an environmental document has already been adopted for a project, no
subsequent environmental document is needed for subsequent entitlements which
comprise the whole of the action unless substantial changes or new information are
presented by the project.
An Environmental Impact Report (EIR) was certified in 1993 with the adoption of
Resolution No. 93-28 at the time that the original ELSP was adopted. Later, a
Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004
for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR
evaluated environmental impacts that would result from maximum build -out of the
Specific Plan. The Project does not present changes or new information regarding the
potential environmental impacts of development. No additional CEQA documentation is
necessary. Staff has determined that the proposed project is covered by the original El
adopted in 1993 and the SEIR associated with Amendment Six of the ELSP, which was
certified with the City Council's adoption of Resolution No. 2004-50. The proposed
project is consistent with the City of Lake Elsinore Municipal Code and does not conflict
with the findings and discussions contained in the SEIR. Therefore, no additional
environmental clearance is necessary.
Fiscal Impact
Ultimately, the proposed project will have a positive fiscal impact to the community and
the City. It is anticipated that the current and future residents within the East Lake
Specific Plan area will generate sales tax revenues for the City of Lake Elsinore. In
addition to the sales tax revenue that will be generated, it is anticipated that the
development of the project will provide necessary construction jobs as well as generate
property tax revenues for the City.
Page 3 of 45
SPA No. 2013-02 & Revised TTM No. 31920 for Summerly
August 13, 2013
Page 4 of 4
Prepared by: Kirt A. Coury�
Project Planner
Reviewed by: Grant Taylor LA"--?
Community Development Director
Richard J. MacHott, LEED Green Associatell.
Planning Manager
Approved by: Grant Yates
City Manager
Attachments:
1. Vicinity Map
2. City Council Ordinance No. 2013-3316 and City Council Resolution No. 2013 -
05 5
3. Conditions of Approval
4. Planning Commission Staff Report, dated July 16, 2013
5. Specific Plan No. 2013-02 — East Lake Specific Plan
document
6. Revised Tentative Tract Map No. 31920
Amendment No. 10
Page 4 of 45
VICINITY MAP
SPECIFIC PLAN NO 2013-02
AMENDMENT TO TTM 31920
PROJECT SITE
Page 5 of 45
Page 6 of 45
ORDINANCE NO. 2013-1316
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE APPROVING SPECIFIC PLAN AMENDMENT NO. 2013-02,
AMENDMENT NO. 10 TO THE EAST LAKE SPECIFIC PLAN
WHEREAS, Brian Milich, McMillin Communities, has filed an application with the
City of Lake Elsinore requesting approval of Specific Plan Amendment No. 2013-02,
Amendment No. 10 to the East Lake Specific Plan (the "Project"); and
WHEREAS, the project site is generally located southwest of the Links at
Summerly Golf Course facility and in the central area of the East Lake Specific Plan;
and
WHEREAS, on July 16, 2013 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item and made its
recommendation in favor of Specific Plan Amendment No. 2013-02 by adopting
Planning Commission Resolution No. 2013-66 recommending to the City Council
approval of Specific Plan Amendment No. 2013-02; and
WHEREAS, the City Council of the City of Lake Elsinore has been delegated
with the responsibility of making decisions for approval of specific plans and specific
plan amendments; 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 August 13, 2013.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY ORDAIN, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Prior to making a decision, the City Council has reviewed and
analyzed Specific Plan Amendment No. 2013-02, Amendment No. 10 to the East Lake
Specific Plan pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et
seq.) and Chapter 17.204 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 Specific Plan No. 2013-02, Amendment No. 10 to the East Lake Specific
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.
Specific Plan No. 2013-02, Amendment No. 10 to the East Lake Specific
Plan meets the City's Specific Plan criteria for content and required
Page 7 of 45
City Council Ordinance No. 2013-1316
Page 2 of 4
implementation of the General Plan established by Section 65450 at sep.
of the California Government Code and Section 17.204 of the City of Lake
Elsinore Municipal Code. Accordingly, the proposed Specific Plan
Amendment complies with the objectives of the General Plan and the
purpose of the planning district in which the site is located.
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 an improved design that
consolidates the recreation facility location with an area that was already
intended to be developed as a central neighborhood park for open space
use. The relocation of the recreation facility onto PA 42 will centralize and
thereby improve the location of multiple recreational amenities for future
residents. In addition, the amendment also proposes to allow the Design
Review Process to be considered and action be taken by the City
Planning Commission, with an available appeal process to the City
Council.
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 Specific Plan
Amendment No. 2013-02, Amendment No. 10 to the East Lake Specific
Plan 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 served by existing or proposed public facilities
and services. In appropriate circumstances, and as provided elsewhere
by the Municipal 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.
Page 8 of 45
City Council Ordinance No. 2013-1316
Page 3 of 4
Specific Plan No. 2013-02, Amendment No. 10 to the East Lake Specific
Plan identifies methodologies to allow land uses to be adequately served
by existing or proposed public facilities and services. Amendment No. 10
to the East Lake Specific Plan 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 amendment will result in an improved design that
consolidates the recreation facility location with an area that was already
intended to be developed as a central neighborhood park for open space
use. The relocation of the recreation facility onto PA 42 will centralize and
thereby improve the location of multiple recreational amenities for future
residents.
5. The overall design of Specific Plan No. 2013-02, Amendment No. 10 to the East
Lake Specific Plan will produce an attractive, efficient and stable development.
Specific Plan Amendment No. 2013-02, Amendment No. 10 to the East
Lake Specific Plan 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.
Specific Plan Amendment No. 2013-02, Amendment No. 10 to the East
Lake Specific Plan 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. 10
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 less than significant
level, or in the case where impacts remain, a statement of overriding
considerations must be adopted to justify the merits of project
implementation.
Page 9 of 45
City Council Ordinance No. 2013-1316
Page 4 of 4
Environmental clearance and analysis for the proposed application is
provided by a Supplemental Environmental Impact Report (SEIR) which
was approved and adopted in 2004 for the East Lake Specific Plan
Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated
environmental impacts that would result from maximum build -out of the
Specific Plan. The Project does not present changes or new information
regarding the potential environmental impacts of development. No further
environmental clearance is necessary.
SECTION 3. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Project, the City Council hereby approves
Specific Plan Amendment No. 2013-02, Amendment No. 10 to the East Lake Specific
Plan.
SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED AND INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 13th day of August, 2013 and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
on the 27th day of August, 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
Page 10 of 45
RESOLUTION NO. 2013-055
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE APPROVING OF A REVISION TO TENTATIVE TRACT MAP
NO. 31920
WHEREAS, Brian Milich, McMillin Communities, has filed an application with the
City of Lake Elsinore requesting approval of a revision to Tentative Tract Map No.
31920 for a project site located within the East Lake Specific Plan (the 'Project'); and,
WHEREAS, the project site is generally located southwest of the Links at
Summerly Golf Course facility and in the central area of the East Lake Specific Plan;
and
WHEREAS, the City Council of the City of Lake Elsinore has the responsibility of
making decisions regarding revisions to Tentative Tract Maps; and,
WHEREAS, on July 16, 2013 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item; and made its
recommendation in favor of the Revision to Tentative Tract Map No. 31920 by adopting
Planning Commission Resolution No. 2013-67 recommending to the City Council
approval of the Revision to Tentative Tract Map No. 31920, and
WHEREAS, on August 13, 2013 at a duly noticed public hearing, the City Council
considered evidence presented by the Community Development Department and other
interested parties with respect to this item.
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follow:
SECTION 1. Prior to making a decision, the City Council has reviewed and
analyzed the Revision to Tract Map No. 31920 pursuant to the appropriate Planning and
Zoning Laws, and Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code
("LEMC°).
SECTION 2. The City Council hereby finds and determines that the Revision to
Tentative Tract Map No. 31920 is subject to the California Environmental Quality Act
(Public Resources Code §§ 21000 et seq.: "CEQA") and the Guidelines for
Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA
Guidelines"). Specifically, the City Council finds that the Project Supplemental
Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East
Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated
environmental impacts that would result from maximum build -out of the Specific Plan.
The Project does not present changes or new information regarding the potential
environmental impacts of development. No additional CEQA documentation is
necessary.
Page l 1 of 45
City Council Resolution No. 2013-055
Page 2 of 3
SECTION 3. That in accordance with State Planning and Zoning Law and the
Lake Elsinore Municipal Code, the City Council makes the following findings for
approval of the Revision to Tentative Tract Map No. 31920:
1. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan. The proposed subdivision is
compatible with the objectives, policies, general land uses and programs
specified in the General Plan (Government Code Section 66473.5).
The General Plan designates the site for a mixed land use Specific Plan.
Consistent with that designation, the revised Tract Map can accommodate future
residential land uses. The Tract Map is consistent with the designated land use,
development and design standards, and all other appropriate requirements
contained in the General Plan, the East Lake Specific Plan and Subdivision Map
Act.
2. The effects this project is likely to have upon the housing needs of the region, the
public service requirements of its residents and the available fiscal and
environmental resources have been considered and balanced.
The revised Tract Map is consistent with the land use plan, development and
design standards, and programs, and all other appropriate requirements
contained in the General Plan. The revised Tentative Tract Map No. 31920 is
consistent with the residential land uses within the specific plan and applicable
development and design standards.
3. Subject to the attached conditions of approval, the proposed project is not
anticipated to result in any significant environmental impact.
The project has been adequately conditioned by all applicable departments and
agencies and will not therefore result in any significant environmental impacts
because it is not for development purposes but only for parcel conveyances for
financing purposes. The proposed use, together with the conditions applicable
thereto, will not be detrimental to the public health, safety, or welfare or materially
injurious to properties or improvements in the vicinity.
Page 12 of 45
City Council Resolution No. 2013-055
Page 3 of 3
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the City Council hereby approves the Revision to
Tentative Tract Map No. 31920.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 13th day of August 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
Page 13 of 45
CONDITIONS OF APPROVAL FOR
SPECIFIC PLAN AMENDMENT NO. 2013-02
AND A REVISION TO TENTATIVE TRACT MAP NO. 31920
LOCATED WITHIN THE EAST LAKE SPECIFIC PLAN
GENERAL CONDITIONS
1. The proposed project (Revised Tentative Tract Map No. 31920) is for the
subdivision of Planning Area 46 of the East Lake Specific Plan (ELSP), which
consists of approximately 4 acres, into 17 individual lots for property located in
the Recreation Village District of the ELSP to allow for a total of 100 individual
lots for Parcels 26 and 27. The project also identifies Parcel 19 as the
Recreation Center Lot.
2. The applicant/developer shall defend (with counsel acceptable to the City),
indemnify, and hold harmless the City, its officials, officers, employees, and/or
agents from any claim, action, or proceeding against the City, its officials,
officers, employees, or agents concerning the project attached hereto.
3. This project shall comply with the applicable Conditions of Approval of Tentative
Tract Map No. 31920.
PLANNING DIVISION
4. The applicant shall sign and return an "Acknowledgment of Conditions" to the
Community Development Department within 30 days of approval. In addition, the
applicant shall provide a final East Lake Specific Plan Amendment No. 10 copy
to reflect all changes and revisions.
5. Applicant shall comply with all applicable Conditions of Approval of previously
approved Tentative Tract Map No. 31920, a copy of which is attached, some of
which may be repeated herein.
6. At least 30 days prior to seeking a grading permit, the project applicant shall contact
the appropriate Native American Tribal Representative (Representative) to notify
the Representative of the initiation of the grading, excavation and the monitoring
program, and to coordinate with the City of Lake Elsinore and the Representative to
develop a Cultural Resources Treatment and Monitoring Agreement. The
Agreement shall address the responsibilities and participation of Native American
Tribal monitors during grading, excavation and ground disturbing activities; project
grading and development scheduling; terms of compensation; and treatment and
final disposition of any cultural resources, sacred sites and human remains
discovered on the site.
'It is anticipated that the Pechanga Tribe will be the "appropriate" Tribe
due to prior and extensive coordination with the City in determining
potentially significant impacts and appropriate mitigation measures due
to its demonstrated cultural affiliation with the project area.
Planning Commission Approved Page 1 of 3 City Council
July 16, 2013 August 13, 2013
Page 14 of 45
CONDITIONS OF APPROVAL FOR
SPECIFIC PLAN AMENDMENT NO. 2013-02
AND A REVISION TO TENTATIVE TRACT MAP NO. 31920
LOCATED WITHIN THE EAST LAKE SPECIFIC PLAN
7. All lots shall comply with minimum standards contained in ELSP as amended
and if applicable, standards of the LEMC that are not specified in the ELSP.
8. The developer shall comply with any application Mitigation Measures from the
Mitigation Monitoring Program (MMP) that was adopted as part of the previously
certified SEIR, associated with the East Lake Specific Plan Amendment No. 6
(SCH # 2003071050).
9. Applicant shall comply with the requirements of the Elsinore Valley Municipal
Water District.
10.Applicant shall comply with all requirements of the Riverside County Fire
Department.
11. Applicant shall pay all applicable fees and obtain proper clearance from the Lake
Elsinore Unified School District (LEUSD) prior to the issuance of building permits.
12.Applicant shall meet all requirements of the providing electric utility company.
13.Applicant shall meet all requirements of the providing gas utility company.
14.Applicant shall meet all requirements of the providing telephone utility company.
15. Applicant shall provide a bond to guarantee the removal of all trailers used during
construction.
16.The City's Noise Ordinance shall be met during all site preparation and
construction activity. Construction shall not commence earlier than 7:00 AM and
shall cease no later than 5:00 PM, Monday through Friday. Construction activity
shall not take place on Saturday, Sunday, or any Legal Holidays.
ENGINEERING DIVISION
17.This project shall comply with the applicable Conditions of Approval of Tentative
Tract Map No. 31920, a copy of which is attached.
18.A precise survey with closures for boundaries and all lots shall be provided per
the LEMC.
19.The applicant shall comply with the following City programs: the City Source
Reduction and Recycling Element and Household Hazardous Waste Element,
Planning Commission Approved Page 2 of 3 City Council
July 16, 2013 August 13, 2013
Page 15 of 45
CONDITIONS OF APPROVAL FOR
SPECIFIC PLAN AMENDMENT NO. 2013-02
AND A REVISION TO TENTATIVE TRACT MAP NO. 31920
LOCATED WITHIN THE EAST LAKE SPECIFIC PLAN
the County Solid Waste Management Plan and Integrated Waste Management
Plan.
20. Prior to the issuance of any building permits, the applicant shall submit a letter of
verification (will -serve letter) to the City Engineer, for all required utility services.
FIRE CONDITIONS
21.This project shall comply with the applicable Conditions of Approval of Tentative
Tract Map No. 31920, a copy of which is attached.
Planning Commission Approved Page 3 of 3 City Council
July 16, 2013 August 13, 2013
Page 16 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
Italics indicate addition to text, strikeEkteagk indicates removal from text.
PLANNING DIVISION
General Conditions
1. Tentative Tract Map No. 31920 will expire nvo years from the date of approval unless
within that period of tune a Final Map has been filed with the County Recorder, or an
extension of tune is granted by the City of Lake Elsinore City Council in accordance
with the Subdivision Map Act and/or Section 12.12 of the 2004 Amended Development
Agreement between the City and Laing Homes. Additional extensions of tune shall be
granted as provided in Section 12.12 of the Development Agreement. Tentative Trae
2. Future development shall comply with those standards and guidelines contained in the bast
Lake Specific Plan Amendment No. 6 document and conditions of approval established with the
original 1993 East Lake Specific Plan and Hast Lake Specific Plan Amendment No. 6.
3. Tentative Tract Map No. 31920 shall comply with the State of California Subdivision Map Act
and the Lake Elsinore Municipal Code (LLMC), unless modified by approved Conditions of
Approval.
4. Future development shall comply with those requirements and provisions contained in the 2004
1994 Amended Development Agreement between the City and Laing Homes. All references to
the 1994 Amended DevelopnnentAgreernent shall be 2004.
5. The applicant shall provide all project -related onsite and offsite improvements as described in
the original 1993 East Lake Specific Plan and as superseded by the East Lake Specific Plan
Amendment No. 6 document.
6. The applicant shall implement appropriate mitigation measures contained in the Mitigation
Monitoring Programs for the original 1993 East Lake Specific Plan Final Environmental Impact
Report and the Supplemental Environmental Impact Report for East Lake Specific Plan
Amendment No. 6.
7. All future proposals shall be reviewed by the City on a project -by -project basis. If determined
necessary by the Community Development Director or designee, additional environmental
analysis will be required.
Page 17 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
(Continued)
8. The applicant shall comply with those conditions of approval required by the hire Department
(see attached). The attached conditions require implementation prior to Final Map recordation,
Grading Permit issuance, or Building Permit issuance. Major conditions include:
•
The applicant shall participate in the Development Impact Fee Program as adopted by the
City of Lake I Usinore as of the date established by the DeveloprnentAgreement.
• All water mains and fire hydrants shall be constructed in accordance with Riverside Count},
Ordinance No. 460 and/or No. 787.1.
• Prepare a Fuel Modification Plan, subject to approval by the Fire Department.
• The Homeowner's Association shall be responsible for implementing the Fuel Modification
Plan.
• The project shall provide an alternate or secondary access.
9. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless
the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action,
or proceeding against the City, its Officials, Officers, Employees, Consultants or Agents to
attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or
legislative body concerning implementation and construction of the East Lake Specific Plan,
which action is bought within the time period provided for in California Government Code
Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will
promptly notify the applicant of any such claim, action, or proceeding against the City and will
cooperate fully with the defense. If the City fails to promptly notify the applicant of any such
claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or
hold harmless the City.
10. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and
construction activity. Site preparation activity and construction shall not commence before 7:00
AM and shall cease at 7:00 PM, Monday through Friday. Construction activity shall not take
place on Saturday, Sunday, or any legal Holidays.
11. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the
executed original to the Community Development Department.
12. All Conditions ofApproval are subject to the terms and limitations of the 2004 Amended
Development Agreement between the City ofLalce Elsinore and Laing Homes.
Prior to Final Tract Map Approval
13. All lots shall comply with applicable standards contained in the Fast Lake Specific Plan
Amendment No. 6 document and Municipal and Zoning Codes.
Page 18 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
(Continued)
14. A precise survey with closures for boundaries and all lots shall be provided per the Lake
Elsinore Municipal Code.
15. Street names within the subdivision shall be approved by the Community Development Director
or Designee.
16. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications
of the City of Lake Elsinore.
17. Prior to approval of the Final Map or if deemed appropriate by the Community Development
Director or designee, prior to issuance of building permit, the applicant shall initiate and
complete the formation of a Homeowner's Association, approved by the City, recorded, and in
place. All Association documents shall be approved by City Planning and Engineering and the
City Attorney and recorded, such as the Articles of Incorporation for the Association; and
Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include
language to ensure the HOA shall maintain landscaping along parkways and project streets,
recreational areas, walkways, drainage easements, all right-of-way landscaping, medians, slopes,
walls, and focal parks.
18. Prior to Final Map approval, the applicant shall submit a Detailed Phasing, Improvement and
Phasing Plan for the entire Tentative "Tract Map No. 31920 area, subject to approval by the
Community Development Director and Engineering Manager, or designee.
Prior to Design Revieu,Approval
19. Future construction shall meet all Riverside County Fire Department standards for fire
protection and any additional requirements requested by the Fire Department.
20. All future structural development associated with the last Lake Specific Plan Amendment No.
6, including subdivision maps require separate Design Review approval.
21. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire East
Lake Specific Plan Amendment No. 6 and TTM No. 31920 area. Said plan shall show that
decorative, masonry, concrete block walls will be constructed around the boundaries of each
phased area.
22. The applicant (master developer) shall prepare a signage prograrn which illustrates community
theme signage, directional signs, monuments, etc.
Prior to Grading Permit Issuance
23. 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.
Page 19 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
(Continued)
24. Prior to the issuance of any grading permits, the applicant shall submit a final grading plan,
subject to all requirements of the City Grading Ordinance to the City Engineer for approval.
Said grading plan shall address those grading standards and guidelines contained in the East Lake
Specific Plan Amendment No. 6 document.
25. Grading shall not be permitted outside the area of the designated project boundary unless
appropriate approvals have been obtained.
26. Grading easements shall be coordinated with affected property owners.
27. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion
control measures.
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 Engineering Manager and the Planning Division.
Interim and permanent erosion control measures are required. The applicant shall bond 100
percent for material and labor for one year for erosion control landscaping at the time the site is
rough graded.
Prior to Building Permit Issuance
29. The applicant shall enter into an agreement with the Redevelopment Agency to either provide
affordable units in accordance with the provisions of the California Redevelopment Law,
appropriate in -lieu -of fees, or a combination of both.
30. The applicant shall annex into Landscape and Street Lighting Maintenance District No. 1 to
offset the cost of the City maintaining the street lighting. As indicated, the HOA shall maintain
all right-of-way landscaping, medians, parkways, slopes and focal parks.
31. The applicant shall annex into Community Facilities District 2003-01 related to the City -Wide
Community Facilities District for Public Safety to offset the annual negative fiscal impacts of the
project on public safety operations and maintenance issues in the City.
32. The applicant shall pay all appropriate traffic impact mitigation fees.
33. The applicant shall pay appropriate TUMF fees or construct the necessary improvements along
the I-15 Freeway at Railroad Canyon Road and acquire approval for any TUMF reimbursement
from WRCOG, ROTC, and the City.
34. The applicant shall comply with the following City programs: the City Source Reduction and
Recycling Element and Household Hazardous Waste Element, the County Solid Waste
Management Plan and Integrated Waste Management Plan.
Page 20 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
(Continued)
35. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serac
letter) to the City Engineer, for all required utility services.
36. The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
37. The applicant shall pay applicable fees and obtain proper clearance from the lake Elsinore
Unified School District (LEUSD) prior to issuance of building permits.
38. Pay all applicable fees including park fees.
39. The applicant shall provide connection to public sewer for each lot within any subdivision. No
service laterals shall cross adjacent property lines and shall he delineated on engineering sewer
plans and profiles for submittal to the EVMWD.
40. Prior to issuance of building permits for each future tract, the applicant or merchant builder for
each individual tract shall prepare a Final Wall and Fence Plan addressing the following:
• Show that decorative, masonry, concrete block walls will be constructed around each tract.
• Show materials, colors, and heights of side yard fences for proposed lots.
• Show that all front return walls shall be decorative masonry block walls. front return wood
fences shall not be permitted.
• Show that side walls for corner lots shall be decorative masonry block walls.
41. 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 applicant and/or the HOA. Said plans shall be approved by the City and
shall be installed in accordance with the City Standards.
42. The applicant shall meet all requirements of the providing electric utility company.
43. The applicant shall meet all requirements of the providing gas utility company.
44. The applicant shall meet all requirements of the providing telephone utility company.
45. A bond is required guaranteeing the removal of all trailers used during construction.
46. Future signage requires a permit and shall be subject to Planning Division review and approval
prior to installation.
Page 21 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
(Continued)
Prior to Certificate of OcciWancy Issuance
47. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust
suppression along project and perimeter streets and other connecting roads shall be applied to
minimize fugitive dust generation. Fugitive dust suppression techniques may include soil
watering, application of soil binders, and/or placement of gravel or other appropriate material to
nunihmize vehicle generated dust.
ENGINEERING DIVISION
48. Applicant shall incorporate the recommendations of the traffic study — Southerly (Tentative
Tract 31920) Traffic Phasing Analysis City of Lake Elsinore, California, dated February 6, 2004,
pages 1-6 through 1-24 (attached) and as modified, added, or deleted as follows:
• Applicant shall construct a traffic signal at Diamond Drive and south "C" Street prior to the
school opening or issuance of the 50th certificate of occupancy.
• Applicant shall NOT construct Railroad Canyon Road at Summerhill Dr - NB right turn
lane as described in the Traffic Study. (This improvement is scheduled for construction
2004/2005)
• A bond shall be submitted and maintained for the improvements to Railroad Canyon Road
at I-15 NB ramps until such a time that the pending Caltrans Project Report identifies the
specific interchange improvements. Availability for reimbursement for these improvements
shall be subject to approval from WRCOG, RCTC and the City.
• Applicant shall construct the traffic signal at Main Street and Lakeshore Drive as indicated in
the Traffic report. The signal shall be operational prior to issuance of the 250th certificate
of occupancy.
• Applicant shall construct the traffic signal at Mission Trial and Olive Street as indicated. The
signal shall be operational prior to issuance of the 300th certificate of occupancy.
• Applicant shall construct the traffic signal at Mission Trial and Lemon Street as indicated in
the traffic study. The signal shall be operational prior to issuance of the 300th certificate of
occupancy.
• Applicant shall install the traffic signal at Bundy Canyon Road/I-15 Freeway ramps. This
improvement is not in the City's TIP; fee credit agreements will not apply. The signal shall
be operational prior to the issuance of the 501st certificate of occupancy.
Page 22 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
(Continued)
• Applicant shall install the traffic signal at Mission Trail and Flberta Road as indicated in the
traffic study. The signal shall be operational prior to the issuance of the 50th certificate of
occupancy.
•
Applicant shall construct Mission Trail including a raised median as indicated in the traffic
study.
• Applicant shall construct Malaga Road as indicated in the traffic study. A raised median shall
be included with the improvements.
• The project Specific Plan Amendment Traffic Study does not identify the Diamond
Drive alignment irnprovement from Campbell Street to Lakeshore Drive/Mission
Trail as a project offsite mitigation measure, but project TIF funds may be focused
on this improvement.
• Applicant shall construct the extension of Diamond Drive through the project. The cross
section shall conform to the recommendations in the approved traffic study.
• Applicant shall provide an alignment study for Bundy Canyon Road from the project's east
boundary to Corydon Street as directed and approved by the Ciry, Engineering Manager.
• Internal streets as shown on Tentative Tract Map 31920 shall comply with the approved
roadway cross sections shown in the traffic study document.
49. per Ordinance 1105 as interpreted by the Flood Plain Plane Administrator, the minimum
foundation elevation shall be 1267. No foundation or basement dad shall be constructed
below this elevation unless approved by the City I3ngincering Manager.
50. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LF_MC) prior to final map approval.
51. All Capital Improvement, Mitigation and Plan Check fees shall be paid (LEMC 16.34,
Resolution 85-26).
52. A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable
water agency stating that water and sewer arrangements have been made for this project. Letter
shall be submitted prior to Final Map Approval.
53. All public works improvements shall be constructed per approved street plans (l.l MC 12.04 and
16.34).
Page 23 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
(Continued)
54. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to final map approval.
55. Pay all fees and meet requirement of encroachment permit issued by the Engineering Division
for construction of public works improvements (LEMC 12.08 and Resolution 83-78).
56. All compaction reports, grade certifications, monument certifications (with tie notes delineated
on 8-1 /2" x 11" Mylar) shall be submitted to the 7ngineering Division before final inspection of
public works improvements will be scheduled and approved.
57. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
58. 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.
59. Applicant shall provide fire protection facilities as required in writing by Riverside County Fire.
60. Applicant shall provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineering Manager.
61. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations.
62. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be
approved prior to final map approval. All traffic control devices shall be installed prior to final
inspection of public improvements. This includes "No Parking" and "Street Sweeping" signs
for streets within the tract.
63. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant
shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or applicant to
pay $300 per sheet for City digitizing.
64. All utilities except electrical power lines greater than 121,37 shall be placed underground, as
approved by the serving utility.
65. Applicant shall obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be
required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially
modified as determined by the City Fngineering Manager. In the event grading is less than 50
cubic yards and a grading plan is not required, a grading permit shall be obtained so that a
cursory drainagc and flow pattern inspection can be conducted prior to grading.
66. Applicant shall provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with recommendations.
Page 24 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
(Continued)
67. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present. on-site. In the event the project is unaffected by any fault
zone, developer shall provide a document certified by a licensed Geotechnical Engineer or
Licensed Geologist identifying the site as being outside the fault zone.
68. All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify
all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes
greater than 30 feet in height shall be contoured.
69. Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public
storm drain system. Any non -historic storm flows shall not be accepted without a notarized and
recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a
drainage easement.
70. On-site drainage facilities located outside the road right-of-way shall be contained within
drainage easements shown on the final map. A note should be added to the final map stating:
"Drainage easements shall be kept free of buildings and obstructions".
71. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineering Manager.
72. Applicant shall submit Hydrology and Hydraulic Reports for review and approval by City
Engineering Manager and the Riverside Count), Flood Control District prior to approval of final
map. Applicant shall mitigate any flooding and/or erosion caused by development of site and
diversion of drainage.
73. All drainage facilities in this tract shall be constructed to Riverside County Flood Control
District Standards.
74. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain
system, the wording and stencil shall be approved by the City Engineering Manager.
75. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains
should drain to a landscaped area whenever feasible.
76. Ten-year storm runoff shall be contained within the curb and the 100 -year storm runoff shall be
contained within the street right-of-way. If either of these criteria is exceeded, additional
drainage facilities shall be installed.
77. Applicant shall be subject to all Master Planned Drainage fees as of the date of the 2004
Amended Development Agreement. Staff will review the potential for fee credit for all
Master Planned Drainage facilities constructed.
Page 25 of 45
REVISED
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31920
(Continued)
78. Applicant will be required to install BMP's using the best available technology to mitigate urban
pollutants from entering the watershed.
79. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWI'PP for post construction
which describes BMP's that will be implemented for the development and including
maintenance responsibilities.
80. Education guidelines and Best Management Practices (BMP) shalt 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
stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside county
NPDES Drainage Area Management Plan.
81. Applicant shall provide for fust flush BMP's using the best available technology that will reduce
storm water pollutants from parking areas and driveway aisles.
82. Intersection site distance shall meet the design criteria of the CALTRr1NS Design Manual
(particular attention should be taken for intersections on the inside of curves). If site distance
can be obstructed, a special restricted use easement must be recorded to limit the slope, type of
landscaping and wall placement.
83. Applicant shall provide a traffic study prepared by a traffic engineer to determine the traffic
volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to
final map approval, subject to the approval of the City Engineering Manager.
84. Riverside County Fire Department shall approve width and radii of private streets and the length
and configuration of hammerhead turnarounds prior to final map approval.
85. Applicant shall annex into the Landscape and Street Lighting Maintenance District No.
I to maintain the storm drain system, including the detention basin and storm drain
inlets. Appheant shall form an Assoeiation that shall maintain the storm drai-SyRte"I
ineluding the detention basin and storm drain eta
86. In accordance with the City's Franchise Agreement for waste disposal and recycling, the
applicant shall be required to contact with CR&R Inc., for removal and disposal of all waste
material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and
grubbing or all other phases of construction.
Page 26 of 45
CITY OF
LADE LLSIROKE
DREAM LXTREME«
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRPERSON
AND MEMBERS OF THE PLANNING COMMISSION
FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE
PLANNING MANAGER
DATE: JULY 16, 2013
PROJECT: SPECIFIC PLAN AMENDMENT NO. 2013-02 — THE TENTH
AMENDMENT TO THE EAST LAKE SPECIFIC PLAN TO (1)
CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 46 FROM OPEN SPACE TO RESIDENTIAL -1 WHICH
ALLOWS UP TO 6 DWELLING UNITS PER ACRE. THE
TOTAL NUMBER OF RESIDENTIAL UNITS IN THE
APPROVED EAST LAKE SPECIFIC PLAN WILL NOT
CHANGE; AND (2) TO AMEND THE DESIGN REVIEW
PROCESS TO DESIGNATE THE PLANNING COMMISSION AS
THE FINAL DECISION -MAKER ON RESIDENTIAL DESIGN
REVIEW PROJECTS.
AMENDMENT TO TENTATIVE TRACT MAP NO 31920 —
CONSISTENT WITH THE PROPOSED SPECIFIC PLAN
AMENDMENT CHANGE IN THE LAND USE DESIGNATION OF
PLANNING AREA 46 FROM OPEN SPACE TO RESIDENTIAL -
1 WHICH ALLOWS UP TO 6 DWELLING UNITS PER ACRE;
AN AMENDMENT TO TENTATIVE TRACT MAP NO. 31920 IS
PROPOSED TO CREATE 26 SINGLE-FAMILY RESIDENTIAL
LOTS. ENVIRONMENTAL CLEARANCE FOR THE PROJECTS
ARE PROVIDED BY THE FINAL EIR FOR THE EAST LAKE
SPECIFIC PLAN, IN CONFORMANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
OWNER: BRIAN MILICH, MCMILLIN SUMMERLY, LLC
PO BOX 85104, SAN DIEGO, CA 92186
APPLICANT: JEREMY KROUT, RGP PLANNING & DEVELOPMENT
SERVICES, 8921 RESEARCH DRIVE, IRVINE, CA 92618
Page 27 of 45
PLANNING COMMISSION STAFF REPORT
SPA No. 2013-02 & REVISED TTM NO. 31920 FOR SUMMERLY
JULY 16, 2013
PAGE 2 OF 7
Project Request
The applicant is requesting approval of East Lake Specific Plan (ELSP) Amendment No.
10 and Revised Tentative Tract Map (TTM) No. 31920. The Specific Plan Amendment
(SPA 10) proposes to change the land use of Planning Area 46 (PA 46) from Open
Space to Residential -1 to allow for residential use and also amend the Design Review
process so that the City Planning Commission serves as the approving authority and
the City Council serves as the appeal body. Revised Tentative Tract Map No. 31920
would implement the requested change in land use for PA 46 by subdividing the area to
create residential lots.
Project Location
PA 46 is located in the Recreation Village District, southwest of the Links at Summerly
Golf Course facility and in the central area of the ELSP. The proposed amendments to
the Design Review process, pursuant to ELSP Section IX — Administration of the
Specific Plan, would apply to future Design Review applications for the entire East Lake
Specific Plan area.
Environmental Setting
To the west of the site are recreational open space areas that make up the Links at
Summerly Golf Course. The rest of the surrounding areas will be developed with
detached single-family residential units with some passive use parks that are designed
as part of the neighborhood communities.
Background
The ELSP was adopted by the City in 1993 and originally included 3,000 acres that
would allow for a total of up to 9,000 residential units. There were nine subsequent
amendments to the Specific Plan that were approved and adopted. Below is a list of
each of the Specific Plan Amendments and a brief description of what each amendment
accomplished:
Page 28 of 45
EXISTING LAND USE
ZONING
GENERAL PLAN
Project Site
PA 46 of ELSP
Open Space, ELSP
Specific Plan
North
Vacant land
Residential 1, ELSP
Specific Plan
South
Vacant Land
Residential 1, ELSP
Specific Plan
East
Vacant Land
Residential 1, ELSP
Specific Plan
West
Recreational Golf
Course
Open Space, ELSP
Specific Plan
Background
The ELSP was adopted by the City in 1993 and originally included 3,000 acres that
would allow for a total of up to 9,000 residential units. There were nine subsequent
amendments to the Specific Plan that were approved and adopted. Below is a list of
each of the Specific Plan Amendments and a brief description of what each amendment
accomplished:
Page 28 of 45
PLANNING COMMISSION STAFF REPORT
SPA No. 2013-02 & REVISED TTM NO. 31920 FOR SUMMERLY
JULY 16, 2013
PAGE 3 OF 7
■ SPA 1: Consolidated and reconfigured land uses within Phase I of a portion of
the Recreation Village District, which included removing land from the Marina
District. Land allocated to open space increased and the amount allocated to
commercial and residential development decreased, thereby reducing the overall
allowable dwelling unit count. Infrastructure improvement plans were also
modified to accommodate the amended land uses.
• SPA 2: Redistributed land uses within Phase I of the Recreation Village District
and the southern portion of the Marina District. This amendment increased the
percentage of land allocated for wetland mitigation area and open space and
reduced the total residential and mixed use acreages even further. Certain areas
of SPA 2 in the Recreation Village District were superseded by SPA 6 or SPA 8
• SPA 3: Removed three parcels from the ELSP and changed their Land Use
Designation from Specific Plan to Limited Industrial.
• SPA 4: Removed one parcel from the ELSP and changed its Land Use
Designation from Specific Plan to Limited Industrial.
• SPA 5: Removed 77 acres from the Marina District of the ELSP for the "Waters
Edge" project, a mixed use development of marina commercial and residential
development.
• SPA 6: Redistributed land uses and eliminated a portion of the circulation loop
within Phase I of the Recreation Village District. The overall residential yield of
the ELSP was reduced with SPA 6 from the original 9,000 units in the original
adoption of the ELSP to 7,975 dwelling units.
• SPA 7: Removed one parcel from the ELSP and changed its Land Use
Designation from Specific Plan to Limited Industrial.
■ SPA 8, approved in December 2005: Redistributed the land use allocation and
circulation roadways within the southeasterly portion of the Recreation Village
District and further reduced the overall residential yield from 7,975 units to a
maximum of 7,389 units.
• SPA 9: Removed approximately 86 acres from the ELSP and place the majority
of the acreage within a new specific plan, called the Diamond Specific Plan. The
Land Use Designation for an additional ten acres that was in the northeast
portion of the ELSP but not included in the Diamond Specific Plan was changed
from Specific Plan to Commercial Mixed -Use.
Prosect Description
Specific Plan No. 2013-02 - Amendment No. 10 to the East Lake Specific Plan
SPA 10 proposes to change the land use designation of four acres within the
Recreation Village District of the ELSP and modify the Design Review Process. SPA 10
only proposes changes to the originally adopted 1993 ELSP and SPA 6, the latter of
which was limited to the Recreation Village District of the ELSP. As such, SPA 10 does
not supersede other Specific Plan Amendments that have amended land uses in other
portions of the Specific Plan area.
Page 29 of 45
PLANNING COMMISSION STAFF REPORT
SPA No. 2013-02 & REVISED TTM NO. 31920 FOR SUMMERLY
JULY 16, 2013
PAGE 4 OF 7
For example, SPA 9 removed land from the ELSP and updated tables to reflect such
changes; however, SPA 10 does not propose any changes to tables that are reflective
of the acreage change associated with SPA 9. The proposed land use change that SPA
10 proposes for PA 46 would however, supersede the figures and tables that were part
of SPA 6.
As described in more detail below, SPA 10 to the ELSP proposes to accomplish two
changes - it will modify the allowed land use of about four acres of PA 46 from Open
Space to Residential -1 and it will allow Design Review applications to be considered
and approved by the City Planning Commission with an available appeal process to the
City Council. In addition, SPA 10 describes the enhanced recreational amenities
planned on PA 42.
Residential -1 Zone for PA 46 and Enhanced Recreational Amenities on PA 42
As part of ELSP SPA 6, a recreation facility was considered for PA 46. However, on
April 10, 2012 the City Council determined that a larger improved "regional park"
within other areas of the ELSP is preferred over dispersed parks of limited size due
to higher maintenance costs and less functionality in the latter condition. Therefore,
the City Council approved a Park Implementation Agreement that conveyed to
McMillin Summerly, LLC approximately 4.8 acres, which included PA 46 plus some
additional area and stated that the site is not necessary to serve a public park
purpose.
SPA 10 would change the land use of PA 46 to Residential -1, allowing a density of
up to six dwelling units per acre, and permit the construction of 24 additional
residential units. However, as indicated below, the Revised TTM No. 31920, only 17
lots are proposed. SPA 10 also modifies the description of the recreational amenities
planned on PA 42 to reflect the relocation of the recreational facility to that Planning
Area. The approved total of 7,389 residential units in the entire ELSP will not change
with the approval of SPA 10. Additionally, the circulation and utility infrastructure in
the Recreation Village District will not change with the approval of the proposed SPA
10.
Design Review Process
SPA 10 also proposes amendments to Section IX, Administration of the Specific
Plan. Changes are requested to allow the City Planning Commission to be the
decision -maker for Design Review applications within the Specific Plan, with an
available appeal process to the City Council. This change in the Design Review
Process for the ELSP area would be consistent with the Design Review process of
other specific plans in the City, which identifies the Planning Commission as the
approving authority and the City Council as the appeal body.
Page 30 of 45
PLANNING COMMISSION STAFF REPORT
SPA No. 2013-02 & REVISED TTM NO. 31920 FOR SUMMERLY
JULY 16, 2013
PAGE 5 OF 7
The SPA 10 document, provided as Attachment 4 to this report, includes a section that
lists specific amendments to the originally adopted 1993 ELSP and/or to ELSP SPA &
The revisions identified in the SPA 10 document collectively implement the two changes
described above. The SPA 10 document provides a brief summary of the ELSP section
that is being affected, identifies the Specific Plan Sections that will be amended, and
discusses the amended text and exhibits. Specific text and exhibit amendments are
listed in SPA 10, starting on page 3 of the SPA 10 document. It should be noted that the
proposed SPA 10 does not supersede adopted land use amendments associated with
other Specific Plan Amendments.
Revised Tentative Tract Map No. 31920
Consistent with the requested Specific Plan Amendment No. 10, Revised Tentative
Tract Map No. 31920 was submitted to propose subdividing PA 46 (referred to as
Parcel 27 on the Revised Tentative Tract Map) for residential use. Seventeen
residential lots will be created by the subdivision of PA 46. The minimum lot size will be
6,000 square feet and the maximum lot size will be 11,862 square feet. The subdivision
is designed around a "T" -shaped street with cul-de-sacs at the ends and connects to
internal local streets within the Summerly community. The proposed street design is
consistent with approved tract map's local street section with two travel lanes, parking
and sidewalks on both sides of the street.
Analysis
Staff has reviewed the SPA No. 10 document and Revised Tentative Tract Map No.
31920 and has no concerns or objections to the proposed residential use on PA 46/ or
the requested process change related to Design Review applications, should the
recommended Conditions of Approval be satisfied. The proposed project is consistent
with the General Plan Land Use Element, the intent and purposes of ELSP.
SPA 10 — Residential -1 Zone for PA 46 and Enhanced Recreational Amenities on PA
42
With the consolidation and enhancement of open space and recreation amenities on PA
42, there is no longer a need for a recreation facility on PA 46. The recreation facilities
on PA 42 will be centrally located in the Recreation Village District, making them more
readily accessible to future residents of this planned community. Because PA 46 is no
longer needed for open space or recreation use, the site is available to be developed
with other uses. Therefore, the McMillin Summerly, LLC proposes to change the land
use on PA 46 from Open Space to Residential -1. SPA 10 would also change the
description of the planned recreation uses on PA 42.
Surrounding PA 46 to the north, south and east are properties designated Residential -1,
which have been subdivided into residential lots. SPA No. 10 will allow a residential use
Page 31 of 45
PLANNING COMMISSION STAFF REPORT
SPA No. 2013-02 & REVISED TTM NO. 31920 FOR SUMMERLY
JULY 16, 2013
PAGE 6 OF 7
and density consistent with the surrounding properties without increasing the maximum
7,389 of allowed units in the ELSP. The change in land use will also not significantly
affect the ELSPs ratio of open space and recreation area per household.
The proposed change of the approving authority for Design Review applications to all
would improve the efficiency of processing future applications and make the process
more consistent with processes of other specific plan areas that identify the Planning
Commission as the approving body for Design Review applications.
The proposed Revised TTM 31920 proposes 17 residential lots that are a minimum of
6,000 square feet. The resulting density would be 4.25 units per acre, which is below
the 6 units per acre allowed by the Residential -1 zoning. The minimum lot size and
density associated with the Revised TTM 31920 are consistent and compatible with the
surrounding existing lots that were created by the approved TTM 31920. Further, the
proposed design of the subdivision is also consistent with the existing surrounding lots
in terms of lot layout through the use of cul-de-sacs and existing street standards. The
Revised TTM 31920 will not change or require the expansion of the existing main
circulation or utility infrastructure systems other than to allow direct access to the
proposed lots.
Environmental Determination
CEQA Guidelines Section 15162 establishes the standard to be used when determining
whether subsequent environmental document is necessary. Section 15162 states that
when an environmental document has already been adopted for a project, no
subsequent environmental document is needed for subsequent entitlements which
comprise the whole of the action unless substantial changes or new information are
presented by the project.
A Supplemental Environmental Impact Report (SEIR) was approved and adopted in
2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The
SEIR evaluated environmental impacts that would result from maximum build -out of the
Specific Plan. The Project does not present changes or new information regarding the
potential environmental impacts of development. No additional CEQA documentation is
necessary. Staff has determined that the proposed project is covered by the SEIR
associated with Amendment Six of the ELSP, which was certified with the City Council's
adoption of Resolution No. 2004-50. The proposed project is consistent with the City of
Lake Elsinore Municipal Code and does not conflict with the findings and discussions
contained in the SEIR. Therefore, no additional environmental clearance is necessary.
Page 32 of 45
PLANNING COMMISSION STAFF REPORT
SPA No. 2013-02 & REVISED TTM NO. 31920 FOR SUMMERLY
JULY 16, 2013
PAGE 7 OF 7
Recommendation
Staff recommends that the Planning Commission:
1. Adopt Resolution No. 2013-; 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 Specific Plan No. 2013-02, Amendment No. 10 to the
East Lake Specific Plan, subject to the recommended Conditions of Approval.
2. Adopt Resolution No. 2013- ; 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 a Revision to Tentative Tract Map No. 31920, subject
to the recommended Conditions of Approval.
Prepared By: Kirt A. Coury
Project Planner
Approved By: Richard J. MacHott, LEED Green Associate
Planning Manager
Attachments:
1. Vicinity Map
2. Planning Commission Resolutions
3. Conditions of Approval
4. Applicant's East Lake Specific Plan Amendment 10 Letter of Justification
5. Specific Plan No. 2013-02 — East Lake Specific Plan Amendment No. 10
Document
6. Revised Tentative Tract Map No. 31920
Page 33 of 45
Page 34 of 45
Page 35 of 45
EAST LAKE SPECIFIC PLAN —AMENDMENT 10
Amendment 6 of the East Lake Specific Plan (ELSP) was adopted by the City in July 2004 and modified land uses
and circulation plans within the Recreation Village District of the ELSP. After the City adopted Specific Plan
Amendment 6, Amendments 7 through 9 were adopted, which each modified the ELSP in various areas along the
perimeter of the ELSP boundary, including removing the Lake Elsinore Storm baseball stadium (The Diamond) and
adjacent parcels from the ELSP (SPA 9). Only SPA 9 affected the Amendment 6 area boundary.
The proposed amendment (SPA 10) to the ELSP would make two changes. The first is a modification of the allowed
use on Planning Area (PA) 46, which constitutes approximately four acres, from Open Space to Residential 1 in the
Recreation Village District area, which would allow development of residential units with a density of up to six
dwelling units per acre.
The second change to the ELSP proposed by SPA 10 would allow the Design Review process to be considered and
approved by the City Planning Commission with an available appeal process to the City Council. This process is
consistent with the Design Review process in other approved specific plans in the City.
SPA 10 is located in the Recreation Village of the ELSP. The Recreation Village District is in the central area of the
ELSP. The Recreation Village District of the ELSP has been developing over the past number of years with
residential uses and a golf course and is now called the Summerly Community.
The area that is subject to the land use change, Planning Area (PA) 46 (see circled area in Figure 1 below), is
located central to the ELSP, abutting the eastern boundary of the Links at Summerly golf course. PA 46 is currently
vacant as are the surrounding residential planning areas to the north, east and south.
Figure 1 - SPA 6 Land Use Map (Figure 5 in SPA 6)
March 2013 Page 12
Page 36 of 45
\` Jam' 1
V�
�(t�-�..�-..^�-.♦
i
iii
vv
/1
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LC4EN0
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SCALE:NTS
Figure 1 - SPA 6 Land Use Map (Figure 5 in SPA 6)
March 2013 Page 12
Page 36 of 45
EAST LAKE SPECIFIC PLAN —AMEN DIM ENT 10
SPA 10 includes two modifications to the ELSP, including a change in land use on a four -acre site (PA 46) and a
procedural change for Design Reviews in the ELSP. The core concepts and development patterns established in the
ELSP remain unchanged by this amendment.
PA 46 is currently zoned Open Space in the ELSP and was once programmed for a recreation facility. However, the
recreation facility was relocated to PA 42 because PA 42 is central to the Summerly Community and would be
more readily accessible for Summerly Community residents. Consolidating the two open space amenities also
allows the planned park and open space use on PA 42 to be enhanced beyond what was originally planned.
No changes are proposed to the circulation and utility infrastructure planned in the ELSP and approving the
amendment will not limit or restrict implementation of the development plans for the remaining portions of the
ELSP. Importantly, the change to Residential 1, which will allow development of up to 24 homes, will not increase
the approved number of homes in the ELSP (7,975 homes).
Regarding the proposed Design Review process, allowing the Planning Commission to review and approve Design
Reviews and City Council the authority to consider appeals makes the ELSP consistent with the Design Review
process in other Specific Plans. Projects subject to the Design Review process would still require public hearings
before the Planning Commission and could be considered by the City Council in a public hearing setting upon
appeal of the Planning Commission decision.
This section describes the SPA 10 amendments in relation to the 1993 ELSP document sections (and the SPA 6
document if applicable). As an amendment to the ELSP, the SPA 10 document addresses only the affected sections
of the ELSP to define what portion or portions of the section are amended. Sections of the 1993 ELSP document
that are not mentioned herein will not be amended by SPA 10.
Below are the changes to the ELSP, which are presented in the following manner:
1. A brief summary of the ELSP section is provided;
2. Areas of amendment within the section are identified; and
3. The amendment description/wording/exhibits are provided.
References to tables and figures relate to the SPA 6 document.
DESCRIPTION OF CHANGES TO THE ELSP
A. Amendments to Section I — Executive Summary
ELSP Summary_
This section of the ELSP provides a brief summary of the key points of the specific plan.
Area of Amendment
Table 1A, the overall ELSP land use statistical summary, and Figure 7 of SPA 6.
Discussion
Table 1, Revised Table IA, Community Land Use Summary and Figure 2, Amended ELSP Land Use Plan (Figure 7
of SPA 6) depict the overall plan summary as amended under SPA 10 to reflect the addition of four acres of
Residential 1 and equal reduction of Open Space. Table 1 and Figure 2 can be found on subsequent pages.
March 2013 P a g e 13
Page 37 of 45
EAST LAKE SPECIFIC PLAN —AMENDMENT 10
Table 1
COMMUNITY LAND USE SUMMARY
(Amended Table 4 of SPA 6)
LAND USE
ALK -t�
Residential
Residential 1
859.8
Residential 2
299
Residential 3
102
Residential 4
0
Subtotal
1,260.81
Commercial
General Commercial
94.7
Mixed Use
35
Commercial Park
31
Airport Use Area
197
Subtotal
357.7
Special Alternative Use
Subtotal
19
Open Space
Wetland Mitigation Area
356
Marina
26.5
Park
268.2
Lake
10
Golf Course
276
Multi -Habitat Corridor
200.8
Sports Park
0
Natural Open Space
55
Subtotal
1,192.5
Roads
170
TOTAL
3,000
Note:
' Includes acreage for Elementary
and Middle School sites.
March 2013 Page 14
Page 38 of 45
EAST LAKE SPECIFIC PLAN —AMEND M ENT 10
LEGEND
GENERAL(
ry ICOMMERCI
nn� MIXED USE
OPEN SPA(
acs -t; RESIDENTI
tr.IJ
RESIDENT]
R[53 RESIDENTI
�fts.Sid
RESIDENTI
OPEN SPA(
SCHOOL SITE
nun I AIRPORT USEAREA
snu; SPECIAL ALTERNATIVE USE
NORTH East Lake Specific Plan
SCALE:NTS FIGURE 7
EAST LAKE SPECIFIC PLAN
LAND USE PLAN
Figure 2 - Amended ELSP Land Use Map (Figure 7 of SPA 6)
March 2013 P a g e 15
Page 39 of 45
EAST LAKE SPECIFIC PLAN —AMENDMENT 10
B. Amendment to Section 11—Introduction
ELSP Summary
This section of the ELSP cites the authority and scope of the ELSP, provides a brief summary of the Plan, and a
project historical summary. The goals and policies of the Plan are described and the Specific Plan and
concurrent document preparation process is outlined.
Area of Amendment
Table 113, Project Summary Overview.
Discussion
The only change to Part II of the Specific Plan is to Table 16, Project Summary Overview, to add four acres of
Residential 1 and reduce the overall Open Space are by four acres. The amended Table 1B (revised Table 5 of
SPA 6) is presented below as Table 2.
Table 2
PROJECT SUMMARY OVERVIEW
(Amended Table 5 of SPA -6)
Land Use Category
Acres
% of Total
Acres
Dwelling Units
Residential
1,260.8
42
7,692
Commercial
357.7
12
2831
Special Alternative Use
19
0.50
Open Space
1,192.5
40
Master -Planned Roads
170
5.5
3,000
100
7,975
Note:
1 Dwelling units located in Mixed
-Use areas.
C. Amendments to Section V —The Plan
ELSP Summary
This section of the ELSP provides a detailed description of each major component of the Plan, including the
following: land use plan, circulation plan, drainage plan, water & sewer plans, public services, grading plan,
open space plan, conservation, project phasing, and maintenance responsibilities. The land use component
provides land use district descriptions as well as descriptions for each major land use category within the Plan.
Each component of the Plan contains both a plan description and development standards applying to that plan
component.
SPA 6 modified the land use development concept plan and added phasing for the SPA 6 area. The Recreation
Village boundary was expanded to encompass the SPA 1 project area and the Marina District was also
modified to reflect the expanded Recreation Village area. None of the amendments associated with SPA 1 and
SPA 2 are affected by SPA 10, and previously amended boundary areas for the Marina, Lakeside Resort and
Recreation Village Districts remain unchanged by this Amendment.
Areas of Amendment
SPA 10 amends the following items of SPA 6:
Table 7, Dwelling Unit Summary
• Figure 16, Open Space Plan,
• Language related to the "Golf and Recreation Clubs"
March 2013 P a g e 16
Page 40 of 45
EAST LAKE SPECIFIC PLAN -AMENDMENT 10
• Table 8, Open Space Acreage Summary
• Table 9, Recreation Facilities Summary
• Figure 17, Conceptual Landscape Plan
• Figure 18, Conceptual Recreation Center Plan
• Figure 19, Central Neighborhood Park Concept
other Development Plan revisions amended with SPA -6 remain unaffected.
Discussion
Dwelling Unit Summary
SPA 10 changes PA 46 to Residential 1, which adds four acres to Residential 1. This will allow up to 24
additional units in PA 46. Table 3, below, modifies Table 7, Dwelling Unit Summary of SPA 6 to add an
additional 24 units to the Residential 1 classification.
Table 3
DWELLING UNIT SUMMARY
(Amended Table 7 of SPA 6)
Land Use
Residential 1
(up to 6 du/ac)
1,979 6.0
Residential 2
(up to 14 du/ac)
0 --
Residential 3
(up to 22 du/ac)
0 --
Residential 4
(up to 30 du/ac)
0 --
Mixed-Use
0 -
Total
1,979 6.0
Note:
Average density calculated on residential acreage only
Figure 16, Open Space Plan
SPA 10 changes Figure 16 of SPA 6 to remove PA 46 from the Open Space Plan exhibit. SPA 10 also renumbers
the former central Neighborhood Park immediately east of Diamond Drive to identify it as a Recreation Facility
site, providing Summerly Community residents a more convenient, central facility location that will be
accessible by all residents. The revised Figure 16 is included herein as Figure 3.
Golf and Recreation Clubs
Language related to the Golf and Recreation Clubs is revised to reflect the new recreation facility location.
Revisions are shown with underline and deletions are shown with strike -out. This language starts on page III -
17 in SPA 6.
Golf and Recreation Clubs: -located -ad' ,-These two
facilities comprise nearly nine acres appEexfraateil`J"aeees and provide major active recreation
facilities within the Plan. The Recreation Club, sitting on nearly six acres and centrally located in
the community 4aeFe6r evede , will combine both in -door
and out -door recreational uses, providing a pool and spa an indoor party area, outdoor
barbecues, picnic areas and passive park viewing areas.
March 2013 Page 17
Page 41 of 45
EAST LAKE SPECIFIC PLAN—AMENDMENT 10
Active Open Space
1 Multi -Use Park
2 Neighborhood Park
3 Linear Nature Trail
4 Golf Course
5 Golf & Recreation Clubs
March 2013
Natural Open Space
6 Open Space Buffer
7 San Jacinto River Corridor
East Lake Specific Plan
FIGURE 16
OPEN SPACE PLAN
Figure 3 - Amended SPA 6 Open Space Plan (Figure 16 of SPA 6)
Page 18
Page 42 of 45
EAST LAKE SPECIFIC PLAN —AMENDMENT 10
Open Space Acreage Summary
Table 8 of SPA 6 is revised to remove four acres from the Open Space acreage. Table 4, below, presents the
new open space acreages.
Table 4
OPEN SPACE ACREAGE SUMMARY
(Amended Table 8 of SPA 6)
OPEN
ACRES_
-SPACE
Developed/Active Open Space
• Multi -Use Park
33.0
• Neighborhood Parks
2.4
• Linear Natural Trail
8.7
• Golf Course/Open Space
176.2
• Golf & Recreation Clubs
8.9
sub -total
229.2
Natural/Passive Open Space
• open Space Buffer
70.8
• San Jacinto River Corridor
25.0
Sub -total
95.8
Total Open Space
325
Recreation facilities Summary
Table 9 of SPA 6 is revised to change the acreage associated with the Recreation Center, which is now
relocated to PA 42.
Table 5
OPEN SPACE ACREAGE SUMMARY
(Amended Table 9 of SPA 6)
Recreation Facility Acres
QualifyingMulti-Use Park (net of overflow parking) 21.5
Central Neighborhood Park and Recreation Facility 5.9
Linear Nature Trail 8.7
Subtotal 36.1
Non -Qualifying
Conceptual Landscape Plan
Neighborhood Focal Parks (3)
Golf Clubhouse
Golf Course/Driving Range
Total
2.9
3.0
176.2
Subtotal 182.1
218.2
Figure 17, Conceptual Landscape Plan, of Amendment Six is amended to change the identified land uses on
Parcel 27 to Residential and Parcel 19 to Resident Recreation Center and Neighborhood Park A.
Conceptual Recreation Center Plan
Figure 18, Conceptual Recreation Center Plan, of Amendment Six is deleted, as the Recreation Center is now
proposed on Parcel 42 with a conceptual design established and reviewed by the City.
March 2013
P a g e ( 9
Page 43 of 45
EAST LAKE SPECIFIC PLAN -AMENDMENT 10
Central Neighborhood Park Concept
Figure 19, Central Neighborhood Park Concept, of Amendment Six is deleted, as the Central Neighborhood
Park and Recreation Center have now been combined to provided additional amenities in a central location for
all Summerly Community residents.
D. Amendment to Section IX -Administration of the Specific Plan
ELSP Summary
This section of the ELSP defines the relationship between the ELSP and other City codes, identifies subsequent
development entitlements which may be required and their respective processing procedure, and describes a
specific plan minor modification procedure.
Area of Amendment
Sections 9.2.3f through 9.2.3.h of the ELSP are revised to allow the Design Review Process to be considered
and approved by the City Planning Commission with an available appeal process to the City Council. Revisions
are shown with underline and deletions are shown with strike-aet. This language starts on page IX -7 of the
ELSP.
Section 9.2.3.f. Action of the Planning Commission is revised as follows:
The Planning Commission may approve modify, or disapprove r
recommend ehanges, OF MaY nd deRial fOF any Design Review application. In addition,
a Design Review appFeval may be reeemmended may be approved subject to conditions as the
Planning Commission may prescribe. Such conditions may relate to, but are not limited to, site
design, including relationship to surrounding uses, functions of buildings or portions of site,
setback, coverage, amount of open space, and infrastructure improvements; shape, height, and
bulk of structures; distances between buildings; architectural design of structures including
exterior materials, colors, and textures; location of ancillary equipment; locations of points of
ingress and egress; location, amount, and design of parking areas; location and efficiency of truck
maneuvering and loading areas; landscaping, including location and general nature; signs
including location, size, design, and height; lighting; walls and fences, including location, height,
and materials, project grading; and project phasing.
Section 9.2.3.g. Findings of the Planning Commission is revised as follows:
The Planning Commission eep+...»,o:, shall make the following findings before approving
ec-�,,,.^,e„^^a;g a Design Review apyreval:
• The project, as approved, complies with the goals, objectives and policies of the City of Lake
Elsinore General Plan and the East Lake Specific Plan.
• The project complies with the design directives contained within Section 9.2.3, Design
Review, of this Specific Plan.
• Conditions and safeguards pursuant to Section 9.2.3.f, Action of the Planning Commission,
including guarantees and evidence of compliance with conditions, have been incorporated
into the approval of the subject project to ensure development of the property in
accordance with the objectives of this East Lake Specific Plan and the District in which the
site is located.
March 2013 P a g e 1 10
Page 44 of 45
EAST LAKE SPECIFIC PLAN —AMENDMENT 10
Section 9.2.3.h. Action by the City Council is revised as follows:
h. Action by Appeal to the City Council
The Decision of the Planning Commission may be appealed to the City Council in accordance with the
provisions of Section 9.3.4 At)peals. �orx-o#-theiind++cgs-aad-reeemment-iaNens-of-tk�e-P7ann#ng
Gemm qqiE)n shall hp tFansin !�ed tep the CityGM MPH RftPF the Planning Carring ssion hearing, except
thatdenialsby the Plaru4ng Commi5sien shall be final unless appealed if approved, �he City Council
slaalla�ake-its-e..,;-.;'etc, ..,ir+atiaa-as-ta-w#�,.'�r '�.'�„^�».�^d-fxolest-com{3lie�;r�vrevisier�s-o#
and aetieHs of the Planning Gemmi5sion.
Seettiora-4.-7-3:g; Findir�gs�fihe-Rlanning-6ar+trtt+ssien;-and-rRay-aPHr�era�ad+#y; er-Elisapprt3velHe
E. Amendment to Section XI —Specific Plan Appendices
ELSP Summary
This section of the ELSP contains the Governing Statistical Summary which allocates a land use designation and
intensity to all planning areas within the Specific Plan.
Area of Amendment
SPA 10 amends Planning Area 46, located within the Recreation Village District.
Discussion
The following table shows the revised Planning Area and statistical summary for the SPA 10 area only.
Amendment 10—Governing Statistical Summary
4 Acre Amendment Area Only
Planning Area I Land use categoryAcreage Target Dwelling Unit I Average Density
46 Residential 4 24 6.0
March 2013 P a g e 111
Page 45 of 45
City Council
DEPARTMENT:
CONSENT:
APPEAL R
BUSINESS:
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AGENDA COVER SHEET , �, po-5d-�
MEETING OF
311,3
Redevelopment Agency a Other
[71 RESOLUTION: ORDINANCES F\---;�q PUBLIC HEARING
ATTACHMENTS:
Report emailed to Clerk
a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a f a a a a a a 1
FOLLOW UP DIRECTION:
■■ a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a It a a a s
Submitted by: _ %Cp� S'&�MALtg _ __ Date: 08 6 /2013 _
Approved by:
Department Head: Date: 44 0< fat
Finance Director: Date:
City Manager: Date:
CITY OF
LADE LSII` OR.E
M-
DREAM EXTREME -
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ESTABLISHING UNDERGROUND
UTILITY DISTRICT NO. 3, LAKESHORE DRIVE FROM MOHR
STREET TO CHANEY STREET
RECOMMENDATION
City Council adopts the Resolution to establish Underground Utility District No 3.
BACKGROUND
In 1968, the Lake Elsinore City Council enacted Ordinance 456, creating a procedure
for the formation of Underground Utility Districts. These districts identify a specific
area in which all overhead utilities are required to be located or relocated
underground. Underground Utility District No 1 was created in 1972 and includes an area
along Riverside Drive from Walnut to 150 -feet beyond Lakeshore Drive. Underground
Utility District No 2 was created in 1986 and includes the area along Riverside Drive
between Lehr Drive to Lincoln Street. This will be the 3rd Underground District created
since the inception of the Ordinance.
DISCUSSION
Southern California Edison (SCE) allocates money to the City of Lake Elsinore
annually pursuant to the formula set out in Tariff Rule 20A. An Underground Utility
Advisory Committee was chosen to assist staff in deciding on the best location. From
five possible locations, the Lakeshore Drive area between Mohr Street to Chaney
Street was chosen. The Committee wanted to focus on areas where the overhead lines
AGENDA ITEM NO. 11
Page 1 of 6
REPORT TO CITY COUNCIL
AUGUST 13, 2013
PAGE 2
were heavy, and where their removal would provide a more scenic vista that would
benefit the public. Lakeshore Drive is identified as a secondary highway at its
ultimate improvement, and is a major thoroughfare to the traveling public. The
creation of the Underground Utility District will provide for a cleaner view, as well
as a safer travel zone in a recreation area.
The start of construction is planned for 2015. The current cost estimate of the
project is $1,300,000 and the City's Tariff Rule 20A balance at time of construction is
estimated to be $1,328,256.00. These numbers are estimates, as the time to the
project start advances, SCE will update with the current construction costs. The
construction portion of the project will be managed by SCE, with the City acting as
the lead for the management of the other utilities in the area. Local customer
panels and service conversions are included in the work that SCE will be doing.
Wood pole mounted streetlights will be replace by Marbelite posts.
FISCAL IMPACT
Rule 20A monies will be used to fund the Southern California Edison
undergrounding project. Joint trench costs incurred by other overhead utilities will
be shared by the affected utilities equally.
Prepared by: Dina Purvis Vr
Engineering Tech
Ken A. Seumalo'
Director of Public Works
Approved by: Grant M. Yates
City Manager
Attached: Resolution 2013- 059
Page 2 of 6
RESOLUTION NO. 2013-054
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING THE FORMATION OF
UNDERGROUND UTILITY DISTRICT NO. 3, LAKESHORE DRIVE
FROM MOHR STREET TO CHANEY STREET, AND ORDERING
REMOVAL AND UNDERGROUNDING OF POLES, OVERHEAD WIRES,
AND ASSOCIATED OVERHEAD STRUCTURES
WHEREAS, the City Council adopted Resolution 2013-43, authorizing the
initiation of proceedings to establish Underground Utility District No 3, under the terms
of Ordinance NO. 456 which provides for the establishment of underground utility
districts to provide for the orderly removal of existing poles, overhead wires, and
associated overhead structures; and
WHEREAS, the City Clerk notified all affected property owners as shown on the
last equalized assessment roll and utilities concerned of the time and place of such
hearing at least 10 days prior to the date thereof; and
WHEREAS, on August 13, 2013, the City Council conducted a public hearing to
ascertain whether the public necessity, health, safety or welfare requires formation of an
underground utility district for the removal of poles, overhead wires and associated
overhead structures and equipment for supplying electric, communications, community
cable television, and similar associated services within the territory described in Exhibit
A, and depicted in Exhibit B, which Exhibits are attached hereto and made a part
hereof.
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follow:
SECTION 1. The public necessity, health, safety or welfare require formation of
an underground utility district for the removal of poles, overhead wires and associated
overhead structures within the territory described in Exhibit A, and depicted in Exhibit B.
SECTION 2. The undergrounding of utilities within the territory described in
Exhibit A, and depicted in Exhibit B, is in the general public interest for the following
reasons:
a) Undergrounding will avoid or eliminate an unusually heavy
concentration of overhead distribution facilities;
b) The street or road right of way is extensively used by the general
public and carries a heavy volume of pedestrians or vehicular traffic;
c) The street adjoins or passes through a civic area or a public recreation
area or an area of unusual scenic interest to general public
d) The street is considered an arterial street or major collector in the
City's General plan
SECTION 3. The territory described in Exhibit A, and depicted in Exhibit B, is
hereby declared to be Underground Utility District No. 3.
Page 3 of 6
City Council Resolution No. 2013-054
Page 2 of 2
SECTION 4. The City Council hereby orders the removal of all existing overhead
poles, wires, and associated overhead facilities within Underground Utility District No. 3
for supplying electric, communications or associated service within said District. The
City Council orders installed underground all utilities as that term is defined in Section
12.16.010 of Ordinance 456 which are located within Underground Utility District No 3.
SECTION 5. All affected utilities are hereby authorized to discontinue overhead
service in Underground Utility District No 3, subject to the provision of underground
service as specified in this resolution.
SECTION 6. Property owners shall grant each utility the necessary easements
or land rights when it is necessary by the utilities to place their facilities on private
property to complete the occasioned undergrounding.
SECTION 7. Pursuant to Southern California Edison's Rule 20 Tariff, Rule 20A
funds will be used for the installation of no more than 100 feet of each customer's
underground electric service lateral on private property, as well as the conversion of
affected property owners meter panels from overhead to underground service. The cost
of such meter conversions using Rule 20A funds shall be limited to existing meters, and
shall not include permit fees and any upgrades requested by affected property owners.
SECTION 8. Pursuant to Verizon's Rule No 40 Tariff, Rule 40A funds will be
used for the installation of no more than 100 feet of each customer's underground
service connection facility occasioned by the undergrounding, as described in Rule No
40 Section A. 1.b.
SECTION 9. Within ten days from the date hereof, in compliance with Section
12.16.010 of Ordinance 456, the City Clerk shall notify all affected utilities and all
persons owning real property within Underground Utility District No. 3 of the adoption of
this resolution by mailing a form of notice and a copy of this resolution.
PASSED, APPROVED AND ADOPTED this 13th day of August 2013
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
Page 4 of 6
EXHIBIT A
DESCRIPTION OF UNDERGROUND UTILITY DISTRICT NO 3
All property within a strip of land approximately 100 feet wide, lying approximately 50 feet
on each side of Lakeshore Drive centerline, starting at the southwest corner of Chaney
Street and Lakeshore Drive and continuing south to the southwest corner of Lakeshore
Drive and Mohr Street, and includes all facilities within approximately 50' East and West
of Lakeshore Drive centerline between Chaney Street and Mohr Street with the exception
of easterly overhead street crossings on the south side of Chaney Street and Mohr Street.
All applicable properties being within the boundaries of the City of Lake Elsinore, County
of Riverside, State of California.
Page 5 of 6
Exhibit B
City of Lake Elsinore
Underground District No 3
Page 6 of 6
AGENDA COVER SHEET
MEETING OF 3
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City Council Redevelopment Agency F7 Other
DEPARTMENT: L
CONSENT:
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ATTACHMENTS:(
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City Manager: Date:
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LADE OLSINORE
DRUAM EXTREME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: GRANT YATES, CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: LAKE USE FEES FOR MOTORIZED AND NON -
MOTORIZED VESSELS
Recommendation
Authorize a temporary waiver of Lake Use fees for non -motorized vessels that are
not required to be registered by the Department of Motor Vehicles, effective
immediately and terminating December 31, 2013.
Background
The City expends over $1.6 -million per year to maintain the Lake for general
maintenance, operations of aeration systems, Lake Patrol and supplemental water.
Benefits to the City for maintaining the Lake are wide ranging; however, direct
beneficiaries are those who actually utilize the Lake for boating, water-skiing,
wakeboarding and fishing. The City's annual revenue from Lake Use Fees
received from boaters is approximately $380,000. Residents of the City fund the
majority of the remaining cost to maintain the Lake through the General Fund
Budget.
The City sells both "Daily" and "Annual" Lake Use Passes. The Annual Lake Use
Passes are further differentiated into categories, such as motorized or non -
motorized vessel, resident, non-resident and commercial. Attached is the "2013
Summary of Lake Use Pass Regulations & Fees" that describes the various lake
use passes offered for sale by the City and current fees.
Discussion
At the July 23rd City Council meeting, the Mayor directed Staff to review the Lake
Use Pass fees. City Staff has performed a cursory review of the City's Lake Use
Pass Fee Schedule and will need additional time to obtain comparable Lake Use
Fees from other Southern California lakes prior to formulating a recommendation.
However, Staff's cursory review of the Fee Schedule revealed that the "Daily" Lake
Use Pass fee for non -motorized vessels seems disproportionately high.
AGENDA ITEM NO. 12
Page 1 of 5
Lake Use Fees August 13, 2013
Page 2 of 2
Non -motorized vessels are defined as manually propelled vessels that are NOT
subject to DMV registration, including kayaks, canoes, paddleboards, sailboards,
fishing float tubes, kite -boards and sailboats eight feet or less in length. (Note:
Sailboats over 8 -feet in length require DMV registration and are usually on a trailer;
therefore, they are subject to the same fee as motorized vessels.)
The City's "Annual" Lake Use Pass program is designed for frequent users and
provides unlimited Lake -use during the calendar year. The City recognizes the
difference between motorized and non -motorized vessels under the Annual Lake
Use Pass program by providing a 66% discount for non -motorized vessels. The
Annual Lake Use fee for a motorized vessel is $150, whereas a non -motorized
vessel is only $40. In addition, non -motorized vessels that are carried may launch
for free from the public beach.
The Lake Elsinore Municipal Code requires all vessels to have a Lake Use Pass.
For boaters desiring to use the Lake less frequently, the purchase of a "Daily" Lake
Use Pass for $15 makes economic sense for motorized vessels. However, a
kayaker is charged the same Daily Lake Use fee as a 40 -foot Power Boat, which is
disproportionately high compared to the substantial discount received by non -
motorized vessels under the City's "Annual" Lake Use Pass program.
Annual passes are sold directly to boaters by the City for purchase at City Hall.
The Daily passes are sold in bulk by the City to commercial boat launches for
resale to the boating public. The commercial boat launches make their money
from boat launching fees and overnight stays, but receive no income from the sale
of "Daily" Lake Use Passes. Given non -motorized vessels can launch from a
public beach, there is no profit motive for commercial boat launches to sell Daily
Lake Use Passes to non -motorized vessels.
The City received approximately $3,200 from the sale of Annual Lake Use Passes
from non -motorized vessels during the 2012 calendar year. There are no records
for the sale of Daily Lake Use Passes to non -motorized vessels; however, City
Staff anecdotally believes the revenue is insignificant.
The popularity of non -motorized vessels is rapidly increasing, especially with the
modern low cost production of kayaks and increased interest in stand-up paddle -
boarding. The high "Daily" Lake Use fee of $15 for a one-time use by a non -
motorized vessel may unnecessarily discourages the enjoyment of beautiful Lake
Elsinore.
After evaluating all the factors and options for Lake Use Pass fees for non -
motorized vessels, City Staff recommends a "fee holiday" for non -motorized
vessels, except sailboats over 8 -feet in length. City Staff will continue to evaluate
other Lake Use Pass fees for City Council's consideration at a later date.
Page 2 of 5
Lake Use Fees
Page 3 of 3
Fiscal Impact
August 13, 2013
Approval of this item will result in a minimal loss of revenue from the potential sale
of Annual and Daily Lake Use Passes for non -motorized vessels through 2013.
Approved by: Pat Kilroy, Director
Lake & Aquatic Resources Department
IIA
Approved by: Grant Yates, City Manager . 7
Attachments:
2013 Summary of Lake Use Pass Regulations & Fees
Page 3 of 5
Page 4 of 5
Page 5 of 5
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AGENDA COVER SHEET
MEETING OF q
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EnCity Council El Redevelopment Agency F-1 Other
DEPARTMENT:
F1 CONSENT:
APPEAL
BUSINESS:
RESOLUTION: ORDINANCES F—] PUBLIC HEARING
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R port emailed to Clerk
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City Manager: Date:��
CITY OF
LAKE LLSIIYORE
M DREAM EXfRGME-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES, CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: 1. ORDINANCE AMENDING CHAPTER 2.46 OF THE
LAKE ELSINORE MUNICIPAL CODE REGARDING
PUBLIC SAFETY ADVISORY COMMISSION; AND
2. RECRUITMENT FOR THE PUBLIC SAFETY
ADVISORY COMMISSION
Recommendation
It is recommended that the City Council take the following actions in regards to the
Public Safety Advisory Commission:
1. Waive further reading and introduce by title only Ordinance No. 2013-
1317, An Ordinance of the City Council of the City Of Lake Elsinore, California,
Amending Title 2, Chapter 2.46 Public Safety Advisory Commission; and
2. Review the proposed timeline and direct staff to complete the recruitment
to fill existing vacancies on the Commission.
Background
The Public Safety Advisory Commission was re-established on March 9, 2004 to serve
as a conduit of information from the residents and businesses of the City of Lake
Elsinore to their public safety, code enforcement and emergency services professionals.
The Public Safety Advisory Commission plays a vital role in providing the best traffic
safety, law enforcement, fire protection, and emergency preparedness for our residents
and businesses.
Members of the PSAC are appointed by the City Council to four-year staggered terms.
In June 2013, three of these terms expired and one commissioner resigned. Therefore,
with four vacancies on the Commission, this is also the ideal time to redefine the
Commission's duties and responsibilities to align with the needs and expectations of the
City Council.
AGENDA ITEM NO. 13
Page 1 of 6
Ordinance Amending PSAC; Commissioner Recruitment
August 13, 2013
Page 2 of 2
Discussion
On June 12, 2013, Public Safety Advisory Commission reviewed the proposed
amendment and recommends that the City Council adopt the Ordinance. The attached
Ordinance shows the additions and deletions to the municipal code in redline format.
With respect to recruitment of vacancies, staff proposes to conduct a 30 -day recruitment
period. The recruitment period will be followed by an interview process conducted by
the Commission Appointment Committee. Staff anticipates that the recommended
appointees will be taken to the full City Council for consideration and final approval in
October 2013. Successful appointees will then be seated in November with the Public
Safety Advisory Commission resuming its duties and holding regular meetings
beginning November 13, 2013.
Prepared by: Nicole Dailey
Management Analyst
Approved by: Grant Yates
City Manager
t�*z
Attachment: Ordinance No. 2013-1317
Page 2 of 6
ORDINANCE NO. 2013-1317
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.46
PUBLIC SAFETY ADVISORY COMMISSION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 2.46 of the Lake Elsinore Municipal Code is hereby
amended in its entirety as follows (additions underlined; deletions as strikethroughs):
2.46.010 Definition.
"Public safety" is that which is related to police, fire, code enforcement services
and civil disaster within the City of Lake Elsinore.
2.46.020 Creation of a Public Safety Advisory Commission.
A Public Safety Advisory Commission is established.
2.46.030 Membership.
The Public Safety Advisory Commission shall consist of five members vfh�hn sh t+
Rot b offinialc or employees of the Cit No officers or employees of the city or person
under an employment contract subject to the jurisdiction of the city council shall be
members of such commission. A member of the Public Safety Advisory Commission
shall: (1) reside within the City of Lake Elsinore; or (2) be an owner of a business that is
established and currently licensed inside the City of Lake Elsinore. Members shall be
subject to a routine background check to be administered by the Police Department.
2.46.040 Appointment — Removal.
The members of the Public Safety Advisory Commission shall be appointed by
the Mayor with the approval of a majority of the City Council and may be removed by
the Mayor at his/her pleasure, but subject to the approval by the majority of the
members of the City Council.
2.46.050 Term of Office.
Except as provided herein, the members of the Public Safety Advisory
Commission shall be appointed for a term of four years. Each term shall commence on
July 1St of the respective year in which appointed. A member's term that would
otherwise expire on June 30, 2006, shall serve until June 30, 2009. A member's term
that commenced on July 1, 2005, shall serve out such existing term until June 30, 2007.
Thereafter, all appointments shall be for four-year terms.
2.46.060 Duties and Responsibilities.
The Commission shall have the following duties and responsibilities:
(A) The Commission shall serve as a conduit of information from the residents
and business people of Lake Elsinore to their public safety, code enforcement and
emergency services professionals.
Page 3 of 6
Ordinance No. 2013-1317
Page 2 of 4
(B) The !`nmmission shall and ears that shau
GOMplernent staff's efferts ;n their attempt to henm ant•ve Investigate reviews and
analyzes traffic safety issues and provides a venue for the public to express concerns
regarding such safety issues including traffic parking and pedestrian safety (i.e., stop
sign placements traffic signals road modification, pavement markings, safety devices,
posted speed limits and engineering).
:rrnirusma.
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Lenumilt
(D) The Commission shall seek out additional input and maintain a dialogue with
various City organizations including but not limited to Lake Elsinore Marine Search and
Rescue, neighborhood watch groups, homeowners' associations, the Chamber of
Commerce and the Downtown Merchants Association, etc.
(E) The Commission shall report to the City Council on a regular basis, and all
recommendations shall be forwarded the City Council for consideration.
(F) The Commission shall consider assisting the City Ge o•I City Mananer_er
ether public safety prefessionals with disaster preparedness and Grisis management.
Requests research to help develop and implement coordinated traffic safety programs
that meet local needs.
(G) Th GG nm ss,nn droll nonsidnr and evaluate the nns4 and benefits of
creatinga Citizens' Aotio., Patrol. Recommends disaster planning/preparedness and
crisis management protocols to the City Council.
(H) TT hp Commission shall actively and aggressively ___L out funding ern
such as grants to fund public safety related programs, projects and equipment needs fe
the Ci axle C< Elsinore.. Proactivelv initiates traffic condition reviews in the absence of
a specific complaint or request in order to anticipate and solve potential traffic problems
for pedestrian bicyclists and motorists before they exist.
(1) The Commission shall hear citizens' complaints and concerns regarding traffic
safety, communicate such complaints and concerns to City personnel designated by the
City Manager, and report back to citizens within a reasonable time period.
( I\I\ TCommission shall lift its activities to these enumerated above HowevoT
the Commission may request of the Gity Council additional duties and responsibi
!rc changes t this ha t r\ Such requests be granted by a majoFity vote n�f the
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city GG)61RGil
2.46.070 Meetings.
(A) The Commission shall be subject to the laws governing public agencies and a
Page 4 of 6
Ordinance No. 2013-1317
Page 3 of 4
quorum must be present in order to hold a meeting or take any action.
(B) Printed agendas and backup material shall be prepared for each meeting.
(C) Minutes of each meeting shall be prepared and distributed to all City Council
Members and available upon request for public review at City Hall or on the City's
website.
(D) If a Commissioner cannot attend a meeting or is going to be late, he/she shall
contact the City Manager's office. Failure to be present at four regularly scheduled
meetings in any one calendar year may be cause for removal from the Commission by
the Mayor and City Council.
(E) The Commission shall be authorized to meet as often as twice a month, but
not less than once a quarter. The Commission shall be report to the City Council not
less than once quarterly.
(F) The Gh' f of Poliep and Fire Cho - a memberf their s ti ,taffy �
e—r a I-+rly
attend
—tmhnherl led mez�-�_ but__aF t' embers of the
om cr—-cFi
Ceram 6sion The City Manager shall ensure that adequate staff will be allocated to
provide necessary technical and clerical assistance to the commission.
2.46.080 Obligations and expenses.
The Public Safety Advisory Commission shall incur no obligations or expenses of
any kind, without obtaining prior written authorization and approval by the City Manager.
2.46.090 Termination.
The Commission may be terminated at any time by a simple majority vote of the
City Council.
SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
Page 5 of 6
Ordinance No. 2013-1317
Page 4 of 4
PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on the 13th day of August, 2013, and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
on the day of , 2013.
Robert E. Magee, Mayor
City of Lake Elsinore City Council
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
Page 6 of 6
AGENDA COVER SHEET
MEETING OF
E] City Council � Redevelopment Agency
DEPARTMENT:
Other
IR CONSENT:
�� APPEAL
BUSINESS:
RESOLUTION: ORDINANCES F—] PUBLIC HEARING
ATTACHMENTS:
Report emailed to Clerk
f
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Submitted by:
A
Lll� i
Date:
Approved by:
Department Head:
Finance Director:
"k Date:
Date:
City Manager: Date:
S17
CITY O ,.
L E ? LS.1HO E
DIUAM E,XTFEME
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LAKE ELSINORE
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE SUCCESSOR AGENCY
FROM: VIRGINIA J. BLOOM
AGENCY CKERK
DATE: AUGUST 13, 2013
SUBJECT: APPROVAL OF MINUTES
MQr_i iccinn
It is recommended that the Successor Agency approve Minutes as submitted.
Discussion
The following minutes are submitted for approval:
a. Regular City Council meeting of July 23, 2013
Prepared by: Diana Gutierrez
Deputy Agency Clerk
Approved and
Submitted by: Virginia J. Bloom
Agency Clerk (�I
Approved by: Grant Yates
Executive Director
AGENDA ITEM NO. SA 2
Page 1 of 5
Page 2 of 5
MINUTES
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF LAKE ELSINORE
REGULAR MEETING
CITY OF LAKE ELSINORE
EVMWD BOARDROOM, 31315 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JULY 23, 2013
.....................................................................................................................
SUCCESSOR AGENCY CLOSED SESSION
None
CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore
Chairman Magee called the meeting to order at 7:34 p.m.
ROLL CALL
PRESENT: Chairman Magee
Vice -Chair Johnson
Agency Member Hickman
Agency Member Manos
Agency Member Tisdale
Also present: Executive Director Yates, Legal Counsel Leibold, Agency Clerk Bloom,
Administrative Services Director Riley, Community Development Director Taylor, Planning
Manager MacHott, Lake, Parks, and Recreation Director Kilroy, Public Works Director
Seumalo, Police Chief Kennedy -Smith, Fire Chief Barr, and Deputy City Clerk Gutierrez.
CLOSED SESSION REPORT
None
PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE
None
CONSENT CALENDAR
(SA1) Approval of Minutes
Recommendation: It is recommended that the Successor Agency approve the
Minutes of the Regular Successor Agency Meeting of July 9, 2013.
Page 3 of 5
Successor Agency Minutes
Regular Meeting of July 23, 2013
Page 2 of 3
(SA2) Warrant List dated July 11, 2013
Recommendation: It is recommended that the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List
dated July 11, 2013.
(SA3) Investment Report for the Month of June 2013
Recommendation: It is recommended that the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore receive and file report.
(SA4) Successor Agency Bylaws and Conflict of Interest Code
Recommendation: It is recommended that the Successor Agency approve and
adopt Resolution No. SA 2013-03, RESOLUTION OF THE SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CONFIRMING THE ADOPTION OF THE SUCCESSOR AGENCY
BYLAWS AND CONFLICT OF INTEREST CODE.
Motion by Agency Member Manos, seconded by Agency Member Hickman, to approve the
Consent Calendar, passed by unanimous vote.
PUBLIC HEARING(S)
None
APPEAL(S)
None
BUSINESS ITEM(S)
None
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES
None
EXECUTIVE DIRECTOR COMMENTS
None
LEGAL COUNSEL COMMENTS
AGENCY MEMBER COMMENTS
None
Page 4 of 5
Successor Agency Minutes
Regular Meeting of July 23, 2013
Page 3 of 3
ADJOURNMENT
The Successor Agency of the Redevelopment Agency of the City of Lake Elsinore adjourned
this meeting at 7:35 p.m. to the next regularly scheduled meeting of Tuesday, August 13,
2013. The regular Closed Session meeting will be held at 5:00 p.m. at City Hall and the
regular Public meeting will be held at 7:30 p.m. at the Elsinore Valley Municipal Water District
(EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, California.
Robert E. Magee, Chairman
Virginia J. Bloom, Agency Clerk
Page 5 of 5
AGENDA COVER SHEET
MEETING OF
City Council 2r Redevelopment Agency
DEPARTMENT: Ad Yr _ T r e -
F1 CONSENT:
1-71 APPEAL
BUSINESS:
EA Other
RESOLUTION: Fil ORDINANCES F—] PUBLIC HEARING
ATTACHMENTS: l
5��Report emailed to Clerk
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FOLLOW UP DIRECTION:
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Submitted by: `' -'t .�., Date:
Approved by:
Department Head:
Date:
Finance Director: Date:
City Manager: Date:
CITY OF
'� LS I Ido E
LADE � �
^� DREAM EXTREME
`TN
REPORT TO CITY COUNCIL AS SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: AUGUST 13, 2013
SUBJECT: WARRANT LIST DATED JULY 25, 2013
Recommendation
It is recommended that the City Council as Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore receive and file the Warrant List dated July 25,
2013
Discussion
The warrant list is a listing of all general checks issued by the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore since the prior Warrant List.
Prepared By: Frances Ramirez `�-
Account Specialist II
Reviewed By: James R. Riley
q --
Director of Admint0rative, Services
Approved By: Grant Yates
City Manager
Attachments: Warrant List 7-25-2013
AGENDA ITEM NO. SA 3
Page 1 of 4
Page 2 of 4
,JULY 25, 2011:3 WARRAN'I'
SUMMARY
SUCCESSOR AGENCY O]F THIE RIEDEVIEILCIPMENT AGENCY OF -FiPTE
CII TY OF LAKE ]ELSV]` OR E
FlJN0# FUND 'DESCRY VIJON DOTAL
540 SUCCESSOR STADIUM CAPITAL 103 000.00
GRAND TOTAL _ $ 103,000.00
8/6/2013 Warrant 07 25 13
1 of 1
Page 3 of 4
JULY 25, 20113
WARRANIF ;LJIS'l1'
SUCCESSOR AGENCY O "THE R ED E'V IE LOPIM,1ENT AGENCY O F T1H[ IE
C!1' FY OF ILAK E 1E]LS I NOR E
C73ECK# VENDOR NAML AMOUNT
7167 DIAMOND STADIUM GROUP, INC. $ 47 500.00
7168 DIAMOND STADIUM GROUP, INC. 55 500.00
WARRANT TOTAL 103 000.00
GRAND TOTAL $ 103,000.00
8/6/2013 Warrant 07 25 13 1 of 1
Page 4 of 4
4
LA I SMOKE
DRLAM EXTREME
Name:
Organization
Represented:
REQUEST TO ADDRESS THE CITY COUNCIL
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Address
2
Print
Phone
4. <
op -I wish to address Agenda Item No. (Comments limited to 3 minutes)
► I wish to comment on the following non-agendized item at the beginning of the
meeting: (Comments limited to 1 minute)
► I wish to comment on the following non-agendized item at end of meeting:
(Comments limited to 3 minutes)
ZAR:�nl Rd, TRAIL C rl fi
Date
I ature
The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non-
Agendized Items speakers will be called under "Public Comments — Non-Agendized Items' and will have
approximately one (1) minute to speak or three (3) minutes at the end of the meeting).
After being recognized by the Mayor, please walk to the podium, state your name and proceed to
comment upon the item you wish to address.
Thank you for attending the City Council meeting and your interest in the conduct of public business is
appreciated!
CITY O
LAS LSIAOU
.
DPMEAM EXTREME
TN
REQUEST TO ADDRESS THE CITY COUNCIL
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1►FTMe-
Organization -
lease Print
Organization
Represented:
r�m�l"3
Address Phone
► 1 wish to address Agenda Item No.. (Comments limited to 3 minutes)
► I wish to comment on the following non-agendized item at the be inning of the
meeting: (Comments limited to 1 minute)
► I wish to comment on the following non -a endized item at end of meetin :
(Comments limited to 3 minutes)
W -D-1 -�
Date
Sig
The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non-
Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have
approximately one (1) minute to speak or three (3) minutes at the end of the meeting).
After being recognized by the Mayor, please walk to the podium, state your name and proceed to
comment upon the item you wish to address.
Thank you for attending the City Council meeting and your interest in the conduct of public business is
appreciated!
9
CITY 0
LA I I0
I7RLAib1 F?ftRLAdt
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,l l a
lease Print
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meeting: (Comments limited to 1 minute)
► I wish to comment on the following non-agendized item at end of meeting:
(Comments limited to 3 minutes)
Date
Signature
The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non-
Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have
approximately one (1) minute to speak or three (3) minutes at the end of the meeting).
After being recognized by the Mayor, please walk to the podium, state your name and proceed to
comment upon the item you wish to address.
Thank you for attending the City Council meeting and your interest in the conduct of public business is
appreciated!
C: rry 0 €'
DRTAM Fx'TR ME
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h fit,
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meeting: (Comments limited to 1 minute)
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(Comments limited to 3 minutes)
Date Signature
The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non-
Agendized Items speakers will be called under "Public Comments - Non-Agendized Items' and will have
approximately one (1) minute to speak or three (3) minutes at the end of the meeting).
After being recognized by the Mayor, please walk to the podium, state your name and proceed to
comment upon the item you wish to address.
Thank you for attending the City Council meeting and your interest in the conduct of public business is
appreciated!
CITY Of
L � LSITIO
DREAM r-XTRCME
iM
REQUEST TO ADDRESS THE CITY COUNCIL
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1. W�g t. W
Name: yeiAt^-C -
J Please Print
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Represented: VCiU(' X` mc~:..'
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► I wish to address Agenda Item No. *. (Comments limited to 3 minutes)
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meeting: (Comments limited to 1 minute)
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(Comments limited to 3 minutes)
i
Da 'I�
Date
jj—
Signature
The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non-
Agendized Items speakers will be called under "Public Comments – Non-Agendized Items" and will have
approximately one (1) minute to speak or three (3) minutes at the end of the meeting).
After being recognized by the Mayor, please walk to the podium, state your name and proceed to
comment upon the item you wish to address.
Thank you for attending the City Council meeting and your interest in the conduct of public business is
appreciated!