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City Council & SA Regular Agenda Packet 09-23-2014
Cl I'1' C31 - Lf'tl+.,.LLli'iC?I KI F2`L lir Tuesday, September 23, 2014 CLOSED SESSION - None PUBLIC SESSION at 7:00 PM City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITY MANAGER Cultural Center 183 N. Main St., Lake Elsinore 7:00 PM Cultural Center The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall 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 Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 911812814 LAKE-ELSINORE.ORG City of Lake Elsinore (951)674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA Regular Agenda 92530 City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITY MANAGER Cultural Center 183 N. Main St., Lake Elsinore 7:00 PM Cultural Center The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall 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 Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 911812814 City Council Regular Agenda September 23, 2014 CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS / CEREMONIALS Reality Rally Trophy Presentation Water Supply Reliability Presentation by EVMWD 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 or City Clerk 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) ID# 14-285 Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes as submitted. Attachments: CC Minute Report 8-12-2014 CC Meeting Minutes 6-24-2014 CC Minutes 7-22-2014 CC Meeting Minutes 8-12-2014 2) ID# 14-286 Warrant List dated September 11, 2014 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated September 11, 2014. Attachments: City Staff Report 09 23 14 Warrant Summary City 09 11 14 Warrant List City 09 11 14 City of Lake Elsinore Page 2 Printed on 911812014 City Council Regular Agenda September 23, 2014 3) 4) 5) 6) ID# 14-287 Investment Report - August 2014 Recommendation: Staff recommends that the City Council receive and file the Investment Report for August 2014. Attachments: CC Investment Staff Report City Investment Report 2014-08 ID# 14-288 Amendment No. 1 to Contract with Bureau Veritas for Plan Check Services Recommendation: Authorize the Mayor to execute Amendment No. 1 to the Bureau Veritas Professional Services Agreement (PSA) for plan check services and in the amount of $300,000 per year for additional two (2) years for a total contract amount of $900,000. Attachments : BV Amendment Staff Report VD Comments 091514 BV Amendment No.1 Final BV.docx Bureau Veritas North America Inc Agreement for Profess Sery FY 2014 ID# 14-289 Amendment No.1 to Contract with Willdan for Plan Check Services Recommendation: 1.) Authorize the Mayor to execute Amendment No. 1 to Willdan's Professional Services Agreement (PSA) for plan check services and in the amount of $300,000 per year for an additional two (2) years, for a total contract amount of $900,000; and 2.) Appropriate an additional $300,000 of Public Works Professional Services funds for the PSA as a supplement to the funds programmed in the General Fund for FY2014/15. Attachments: Willdan Amendment Staff Report VD Comments 091514 Willdan Amendment No.1 Final BL Willdan Engineering Agreement 2013 ID# 14-290 Approval of Final Map 31920-8 Ryland Homes Recommendation: 1.) Approve Final Map No. 31920-8 subject to the City Engineer's acceptance as being true and correct; 2.) That the City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 31920-8; and 3.) That the City Council authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Attachments: Staff Report - Final Map 31920-8 VD Comments 091514 Construction Agreement VD Comments 091514 Vicinity Map 31920-8 Index Sheet City of Lake Elsinore Page 3 Printed on 9/18/2014 City Council Regular Agenda September 23, 2014 7) ID# 14-291 General Street Vacation for Street Right -Of -Way and Portions of Public Utility Easements Adjacent to Lot'H' (Obaria WaV) and Lot 'R' (Hermosa Drive) within Track 36115-1 Recommendation: 1.) Adopt Resolution No. 2014-070 A Resolution of the City Council of the City of Lake Elsinore, California, declaring its intention to vacate portions of Lot H (Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements adjacent to Lot'H' and Lot'R' within Tract Map No. 36115-1 and authorizing the processing of a Quit Claim; and 2.) Set a public hearing for October 14, 2014, for consideration of the proposed vacation or portions of Lot H (Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements within Tract 36115-1. Attachments: TR 36115-1 Street Vacation -CC Staff Report FINAL Legal Description Vicinity Map Plat Map TR 36115-1 Street Vacation - PC Resolution - 9-2-14 8) ID# 14-292 Approval of an Increase to the Annual Lake Maintenance Fund Contribution Recommendation: It is recommended that the City Council authorize an increase of $50,000 to the appropriation of the City's contribution to the Lake Maintenance Fund for Fiscal Year 2014/2015. Attachments: Staff Report to City Council - Increasing Lake Maintenance Appropriation Exhibit A Lake Maintenance Fund Balance Exhibit B Lake Maintenance Fund Analysis from 2005 to 2014 PUBLIC HEARING(S) 9) ID# 14-293 Consistency Zoning Project - Phase IV, including the following items: General Plan Amendment No. 2014-02, Add The R -H Hillside Single -Family Residential Zone as a Compatible Zone in the Hillside Residential Designation on the General Plan/Zoning Compatibility Matrix (Appendix B)' Change the General Plan Land Use Map Figure 2.1 a to Show Properties Developed with Existing Water Tanks and Facilities Owned by the Elsinore Valley Municipal Water District as "Publicllnstitutional;" and Change the Land Use Designation of Existing R -E Estate Single Family Residential Zoned Property in the Country Club Heights District to "Low Density Residential" to Accurately Reflect Existing Uses and Density; and City of Lake Elsinore Page 4 Printed on 911812014 City Council Regular Agenda September 23, 2014 Zone Change No. 2014-04, Known as the Consistency Zoninq Project Phase IV Change the Zoning of Various Parcels in the Riverview and Country Club Heights Districts of the City to Zones Consistent with the General Plan Designations Therein. Recommendation: 1.) Adopt Resolution No. 2014-071 A Resolution of the City Council of the City of Lake Elsinore, California, Approving General Plan Amendment No. 2014-02, An Amendment to the Compatibility Matrix and the Land Use Map within the Riverview and Country Club Heights Districts, as Part of the Consistency Zoning Project, Phase IV; and 2.) Introduce by title only and waive further reading of Ordinance No. 2014-1329 An Ordinance of the City of Lake Elsinore, California, Approving Zone Change No. 2014-04, Known as the Consistency Zoning Project - Phase IV, Amending the Official Zoning Map, Changing the Zoning of Various Parcels in the Riverview and Country Club Heights Districts of the City to Zones Consistent with the General Plan Designations therein. Attachments: ZC 2014-04 CZP Ph IV - CC Staff Report - 9-23-14 GPA 2014-02 CZP Ph IV - CC Resolution - 9-23-14 Proposed Compatibility Matrix - Exhibit A EVMWD facilities - Exhibit B Country Club Heights GPA - Exhibit C 2014 CC ORD - ZC 2014-04 CZP Ph IV Riverview and Country Club Heights Di Riverview District - Exhibit D Country Club Heights - Exhibit E ZC 2014-04 CZP Ph IV - PC Staff Report - 9-2-14 Riverview PO Invitation CCH PO Invitation Correspondence letters - Attachment 41b Comparison Table APPEAL(S) - None BUSINESS ITEMS) 10) ID# 14-294 Approval of Animal Control Field Services Agreement Recommendation: It is recommended the City Council approve the proposed Animal Control Field Services Agreement and authorize the Mayor to execute the agreement between the City of Lake Elsinore and Animal Friends of the Valleys, subject to any minor modifications approved by the City Attorney. Attachments: Report to City Council - AFV Field Services Agreement (Sept. 23 2014) Animal Field Services Agreement- Updated Sept. 2014 City or Lake Elsinore Page 5 Printed on 911812014 City Council Regular Agenda September 23, 2014 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 into the City Clerk, The Mayor or City Clerk will call on you to speak.) CITY MANAGER COMMENTS 11) ID# 14-295 City Departmental Monthly Reports Attachments: Departmental Monthly Reports CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, October 14, 2014. The regular Closed Session meeting will be held at 5:00 p.m. and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main 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, City Clerk City of Lake Elsinore Page 6 Printed on 911812874 CIIFQI= ,.. ... L(11 ,El-S1l1()IU City of Lake Elsinore Regular Agenda Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCY MEMBER DARYL HICKMAN, AGENCYMEMBER ROBERT MAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, September 23, 2014 7:00 PM Cultural Center CLOSED SESSION - None PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main 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 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall 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 Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 911812014 Successor Agency Regular Agenda September 23, 2014 CALL TO ORDER - 7:00 P.M. ROLL CALL PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS.— NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the Agency form prior to the start of the meeting and turn it into the Clerk. The Chair or Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Member or any member of the public requests separate action on a specific item.) 1) ID# 14-296 Approval of Minutes Recommendation: It is recommended that the Successor Agency approve Minutes as submitted. Attachments: SA Staff Rpt Minutes for Approval SA Minutes 6-24-2014 SA Minutes 7-22-2014 SA Meeting Minutes 8-12-2014 2) ID# 14-297 Warrant List Dated September 11, 2014 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 September 11, 2014, Attachments: SA RDA Staff Report 09 23 14 SA RDA Summary 09 11 14 SA RDA Warrant List 09 11 14 3) ID# 14-298 Successor Agency's Investment Report for August 2014. Recommendation: Staff recommends that the Members of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Invsetment Report for August 2014. Attachments: SA RDA Investment Report Cover 2014-08 9df SA RDA Investment Report 2014-08.pdf PUBLIC HEARING(S) - None APPEAL(S) - None City of Lake Elsinore Page 2 Printed on 911812014 Successor Agency Regular Agenda September 23, 2014 BUSINESS ITEMS 4) ID# 14-299 Second Amendment (2015) to Stadium Interim Management Agreement Recommendation: It is recommended the City Council approve and adopt Resolution No. SA -2014-03 A Resolution of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore Approving the Second Amendment (2015) to the Stadium Interim Management Agreement Between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP. Attachments: SA Staff Report Second Amend to Interim Stadium Management Agreement 09'. SA Reso Aproving Second Amendment Stadium Interim Mqmt Agt 092314 Second Amendment to Stadium Interim Management Aqt 091814 CAPITAL REPAIR SCHEDULE -DIAMOND STADIUM 2014-09-18 5) ID# 14-300 Recognized Obligation Payment Schedule (ROPS 14-15B) For January 1 2015 through June 30, 2015 Recommendation: It is recommended the City Council approve and adopt Resolution No. SA -2014-04 A Resolution of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore Approving the Recognized Obligation Payment Schedule (ROPS 14-15B) for January 1, 2015 through June 30, 2015. Attachments: SA Staff Report - Adoption of January - June 2015 ROPS 14-15B SA Reso #2014-00 Re ROPS 14-15B 092314 Lake Elsinore ROPS 14-15B for Oversight Board Approval (Validated) PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the Agency form prior to the start of the Meeting and turn it in to the Clerk. The Chair or Clerk will call on you to speak.) EXECUTIVE DIRECTOR COMMENTS AGENCY LEGAL COUNSEL COMMENTS AGENCY MEMBER COMMENTS ADJOURNMENT The Lake Elsinore Successor Agency will adjourn this meeting to the next regularly scheduled meeting of Tuesday, October 14, 2014. The regular Closed Session meeting will be held at 5:00 p.m. and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. City or Lake Elsinore Page 3 Printed on 9118/2094 Successor Agency Regular Agenda September 23, 2014 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, City Clerk City of Lake Elsinore Page 4 Printed on 911812014 t "LY Iiiiitl: Agenda Date: 9/23/2014 In Control: City Council Agenda Number: 1) City of Lake Elsinore Text File File Number: ID# 14-285 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.erg Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 911812014 C -:I 1'YOr... L14KE LSII`I0RX \_ DREAM .IXFZE:M1 REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Virginia J. Bloom, City Clerk DATE: September 23, 2014 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 June 24, 2014 b. Regular City Council meeting of July 22, 2014 C. Regular City Council meeting of August 12, 2014 Prepared by: Diana Giron Deputy City Clerk Approved and Submitted by: Virginia J. Bloom City Clerk Approved by: Grant Yates City Manager ('I I'i 01 I.d)KE 01—S11 -101U Tuesday, June 24, 2014 CALL TO ORDER 5:00 P.M. City of Lake Elsinore Meeting Minutes City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITY MANAGER 7:00 PM Mayor Johnson called the meeting to order at 5:00 p.m. ROLL CALL LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURALCENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tem Manos, and Mayor Johnson Also present: City Manager Yates, City Attorney Leibold, and City Clerk Bloom. CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case) Cultural Center City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss the Agenda Item identified on the City Council Closed Session. Mayor Johnson adjourned into Closed Session at 5:01 p.m. PUBLIC COMMENTS None CALL TO ORDER Mayor Johnson reconvened the meeting at 7:00 p.m. City of Lake Elsinore Page 1 City Council Meeting Minutes June 24, 2014 PLEDGE OF ALLEGIANCE Mayor Pro Tem Manos led in the Pledge of Allegiance. ROLL CALL PRESENT: Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tem Manos, and Mayor Johnson. Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Planning Manager MacHott, Public Works Director Damasse, Police Chief Hollingsworth, and Deputy City Clerk Giron. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Close Session to discuss one potential case of anticipated litigation and that there was no reportable action taken. PRESENTATIONS / CEREMONIALS Proclamation declaring July as Parks & Recreation Month Mayor Johnson presented the Proclamation declaring July as Parks & Recreation Month to Interim Community Services Director McCarthy. PUBLIC COMMENTS - None CONSENT CALENDAR 1) ID# 14-179 Approval of Minutes Attachments: CC Minute Report 5-13-2014 CC Minutes 5-13-2014 It is recommended that the City Council approve the Minutes as submitted. 2) ID# 14-180 Warrant List Dated June 12, 2014 Attachments: C�_Staff Report 06 24 14 Warrant Summary City 06 12 14 Warrant List City 06 12 14 It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated June 12, 2014. City of Lake Elsinore Page 2 City Council Meeting Minutes June 24, 2014 3) ID# 14-181 Biennial Review of the Conflict of Interest Code for the City of Lake Elsinore Attachments: COI Staff Report2014 C01 Reso 2014-039 It is recommended that the City Council approve and adopt Resolution No. 2014-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 2012-020 UPDATING THE CONFLICT OF INTEREST CODE FOR THE CITY OF LAKE ELSINORE. 4) ID# 14-182 Adoption of Three (3) Resolutions Pertaining to the Calling and Giving Notice of the Municipal General Election to be Held on November 4 2014 Requesting Consolidation with the Statewide General Election and Adopting Regulations Relating to Candidate Statements Attachments: Staff report Election Resos x3 Resolution 2014-040 Calling Election Resolution 2014-041 Requesting Consolidation Resolution 2014-042 Candidate Regulations It is recommended the City Council approve and adopt: 1.) Resolution No. 2014-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF THE MUNICIPAL GENERAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 2014, FOR THE PURPOSE OF ELECTING TWO (2) COUNCIL MEMBERS AND REQUESTING THE COUNTY OF RIVERSIDE REGISTRAR OF VOTERS TO CONDUCT SAID MUNICIPAL GENERAL ELECTION 2.) Resolution No. 2014-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 3.) Resolution No. 2014-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS FOR ELECTIVE OFFICE SUBMITTED TO THE VOTERS AT THE MUNICIPAL GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 City of Lake Elsinore Page 3 City Council Meeting Minutes 5) ID# 14-183 Extension of Annual Streetscape Maintenance Contract FY 2014/15 Attachments: Staff Report Excel Maintenance Contract Extension VD Comments Final First Amendment to Excel_ Landscaping Inc. Agreement, Exhibit A Scope of Work Exhibit B Revised Bid Schedule FY 2015 Exhibit C Workers Compensation Insurance Excel Original Agreement Staff recommends that the City Council: 1.) Approve a second year extension, July 1, 2014 to June 30, 2015, to the Streetscape Maintenance Contract between the City of Lake Elsinore and Excel Landscape in an amount not to exceed $175,000. June 24, 2014 2.) Any additional extensions be approved by the City Manager upon successful annual review and recommendation by staff. 6) ID# 14-184 Acceptance of MSRC Funding Grant for Installation of Electrical Vehicle Charging Infrastructure Attachments: Staff Report MSRC Funding EV Charginq Stations 6 2014 VD Final Exhibit A MSRC Funding Approval Letter 6.24.14 Exhibit B - Project Budget Revised Part_C EV Charginq Infrastructure Exhibit C MSRC Proposed Contract for EV Charginq Station Installation Staff recommends that the City Council accept the Clean Transportation funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) for the Electrical Vehicle Charging Infrastructure. 9) ID# 14-187 Prima Facie Speed Limits on Certain Streets in the City Attachments: Speed Survey E&TS Staff Report VD Final 061514 Speed Survey Resolution 6Z1 1 _14 Speed Survey Resolution Exhibit 'A' E&TS Summary 1.) City Council receive and accept the recommendations of the 2014 Engineering and Traffic Survey to set, maintain, increase or decrease certain speed limits as required by the California Vehicle Code. 2.) City Council adopt Resolution No. 2014-043 to set, maintain, increase or decrease certain speed limits in the City as determined from the 2014 Engineering and Traffic Survey and as required by the California Vehicle Code. City of Lake Elsinore Page 4 City Council Meeting Minutes June 24, 2014 City Clerk Bloom announced requests to speak on Consent Item Nos. 7 and 8. Motion by Council Member Tisdale, second by Mayor Pro Tem Manos, to approve the Consent Calendar, less Agenda Item Nos. 7 and 8, passed by unanimous vote as follows: AYES Council Member Tisdale, Mayor Pro Tem Manos, Council Member Hickman, Council Member Magee, and Mayor Johnson NOES None ABSENT: None ABSTAIN: None CONSENT ITEMS) PULLED 7) ID# 14-185 Amendment No.3 to Riverside County Transportion Commission Agreement for Funding of Transportation Uniform Mitigation Fee Regional Arterial Improvements of Railroad Canyon at 1-15 Attachments: Staff Report RR Canyon 1-15 Agreement Amendment 3 VD Comments 061514 RR Canyon I-15 Agreement Amendment No.3 1.) Approve Amendment No. 3 to Agreement No. 10-72-016-00 (Master Agreement) with the Riverside County Transportation Commission (RCTC) for funding of Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Improvements for Railroad Canyon Road at 1-15. 2.) Authorize the honorable Mayor to execute the Amendment No. 3 to the Master Agreement. Dick Knapp expressed his concern regarding the expenditure of $1.6 million for a study. He suggested that a new road at Franklin Street and La Strada would reduce traffic by 20%. Mayor Pro Tem Manos explained that the alignment study includes Franklin Street as an off -ramp to relieve traffic congestion. Council Member Magee stated that in 2006 Council spent $3 million to widen the area underneath the Railroad Canyon bridge at 1-15. He added that there are allocated monies in the CIP (Capital Improvement Projects) budget for deceleration lanes traveling southbound on 1-15 and the City is trying a number of different options to continue to find relief at that particular intersection. City of Lake Elsinore Page 5 City Council Meeting Minutes June 24, 2014 Motion by Council Member Magee, second by Mayor Pro Tem Manos, to approve Amendment No. 3 to Agreement No. 10-72-016-00 (Master Agreement) with the Riverside County Transportation Commission (RCTC) for funding of Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Improvements for Railroad Canyon Road at 1-15, and authorize the honorable Mayor to execute the Amendment No. 3 to the Master Agreement, passed by unanimous vote as follows: AYES : Council Member Magee, Mayor Pro Tem Manos, Council Member Hickman, Council Member Tisdale, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None 8) ID# 14-186 Approval of Professional Services Agreement with Enviromine. Inc to Provide SMARA Compliance Services Attachments: SMARA Consultant VD Final 061514 Form Professional Services Agreement 03 25 14 Approve the Professional Services Agreement (PSA) with Enviromine and authorize the City Manager to execute the agreement. Motion by Council Member Tisdale, second by Council Member Magee, to approve the Professional Services Agreement (PSA) with EnviroMine and authorize the City Manager to execute the agreement, passed by unanimous vote as follows: AYES : Council Member Tisdale, Council Member Magee, Council Member Hickman, Mayor Pro Tem Manos, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None City or Lake Elsinore Page 6 City Council Meeting Minutes June 24, 2014 PUBLIC HEARING(S) 10) ID# 14-188 Adoption of a Resolution Regarding California Communities Local Measure A Sales Tax Revenue Certificates of Participation Series 2014 (TRIP - Total Road Improvement Program) Attachments: Lake Elsinore TRIP Financing Citv Council Staff Report DHM 2014-06-24 Resolution of Lake Elsinore - CSCDA Measure A COPS 2014A Trust Agreement (Lake Elsinore) -CSCDA Measure A COPS 2014A 2014-06-24 - Lake Elsinore - Certificate Purchase Agreement - 2014 Stifel Nicolaus - TRIP Pool Installment Sale Agreement (Lake Elsinore) - CSCDA Measure A COPS 2014A 2014-06-24 -Preliminary Official Statement (Lake Elsinore 2014 T.R.I. P) CSCDA JPA Agreement It is recommended the City Council approve and adopt Resolution No. 2014.044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY OF CALIFORNIA COMMUNITIES LOCAL MEASURE A SALES TAX REVENUE CERTIFICATES OF PARTICIPATION, SERIES 2014A (T.R.I.P. - TOTAL ROAD IMPROVEMENT PROGRAM) PURSUANT TO A TRUST AGREEMENT, AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT, CERTIFICATE PURCHASE AGREEMENT AND AN INSTALLMENT SALE AGREEMENT, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH CERTIFICATES, AUTHORIZING THE FILING OF A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO AND ENTERING INTO AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT Mayor Johnson opened the Public Hearing at 7:13 p.m. Administrative Services Director Simpson introduced John Kim, Managing Director from Stifel, Nicolaus & Company, Inc. Director Simpson provided a substitution Exhibit B to the Installment Sales Agreement. John Kim provided an overview to Council. Council Member Hickman asked if the City was borrowing certificates worth $5 million and paying the loan off at the rate of $500,000 per year. Mr. Kim responded in the affirmative. Mr. Kim also explained the borrowing cost at today's market is approximately 4% to 4.25%, which is low. Mayor Johson asked if there was anyone wishing to speak in favor or against this item; there was no one to speak on this item. Mayor Johnson closed the Public Hearing at 8:03 p.m. City o/ Lake Elsinore Page 7 City Council Meeting Minutes June 24, 2014 Mayor Pro Tem Manos asked about the prepayment penalty. Mr. Kim responded that the City would have to come up with the interest payments from time of prepayment to the 10 year mark. Mayor Pro Tem Manos asked if the payments are flexible and if there can be a change in terms of the percentage that the City pays over time. Mr. Kim responded that the payment schedule designed by the City can be customized. Council Member Tisdale asked Director Simpson to explain how it is worthwhile for the City to pay $12 million for a $5 million loan. Director Simpson explained that the investor will earn 4% to 4.25% interest on the investment that they are making. The program will allow the City to make repairs on the streets that are in need of repair and streets in need of sidewalks or curbs at the same time. Director Simpson explained that the City will use Measure A funds for capital improvement projects to help stimulate areas and show project investors that the City is making an investment in its community. In addition, a lot of the streets that are in poor condition will be reconstructed. The initial cost will be high, but the City will save on maintenance cost in the future. Council Member Tisdale inquired about borrowing money from unused City funds and paying to loan back to the City at 1 % interest. Director Simpson explained that DIF (Development Impact Fees) funds are set up for specific purposes and not a source that can be borrowed from for projects. Mayor Johnson stated that the City has not been able to catch up on pavement management nor pave roads in need of repair. She asked if the City will be able to pave most of the streets at once. Director Simpson responded in the affirmative. Director Simpson stated that by leveraging on the front end of the street repairs it should lower future maintenance costs. Council Member Tisdale asked what percent of the streets will $6 million cover. Public Works Director Damasse clarified that the City's pavement condition index is good on arterial and local streets, so the City would use those dollars to save those streets from deteriorating and increase the deferred maintenace costs. Mayor Johnson asked what percentage of streets are covered by obtaining the borrowed funds. Public Works Director Damasse responded that 190 miles of streets. Council Member Tisdale asked what precise streets are getting repaired for $6 million. Public Works Director Damasse responded a combination of slurry seal on the majority of the streets, which are in good condition and grind and overlay on the more dilapidated streets. City Manager Yates stated that it will cost a little over $5 million to complete everything in the Pavement Management Plan. He explained the concept is that the City spend the money now to improve the roads and every year the City will have enough revenue money coming in to continue road maintenance. City o/ Lake Elsinore Page 8 City Council Meeting Minutes June 24, 2014 Council Member Magee stated that the goal is to build now and lower maintenance costs while still not pledging all of the City's Measure A funds to allow the City flexibility to do other projects. He expressed his concerns in obligating future Councils with debt and limited flexibility. Council Member Magee stated that Council should look at a smaller loan and revisit the ability to borrow from other funds. He stated he wanted to table this item until the following three questions are clarified: time, dollars, and results. Motion by Council Member Magee to tabled this item and direct staff to take all of Council's comments to explore another approach. Mayor Johnson asked for 2 projections, 1) if the City repairs the roads and 2) if the roads are not repaired. Director Simpson stated that staff is going to address approximately 225 streets. The budget includes paying $500,000 towards the debt services next year. Director Simpson also explained that the reserve money is being invested, which allows more visable streets to be reconstructed. He added that he anticipates repairing at least 220 streets in the next year and half as the City moves forward with the Pavement Management Program. Director Simpson advised that Measura A needs to be amended because the T.R.I.P. bonds are tied to the Measura A revenue stream. Council Member Tisdale expressed his concern regarding the cost to borrow money. He stated that Council is financially conservative and has a responsiblity to residents. Motion by Council Member Tisdale, second by Council Member Magee to table this Agenda Item and bring back to Council for further clarification. Council Member Hickman stated that he was in favor and did not want to table the Item. Mayor Johnson asked staff to identify time, dollars, results and asked if 220 streets will be completed in one year. Public Works Director Damasse responded that most of the streets are going to be repaired in various phases and most of the streets are going to be slurry sealed. The repairs that take place will be over a couple of years because it will depend on the rehab method. Director Damasse stated that in one year all streets will be worked on in one phase or another. Mayor Johnson stated that the time committed will be 25 years of repayment for the next 3 to 5 years of work. Director Simpson responded 2 years or less of work plus other streets. Mayor Johnson asked about the dollar cost and confirmation that the City is not depleting all the Measure A funds. Director Simpson responded in the affirmative. Mayor Johnson asked Director Simpson if he has looked at the dollar amount and tax revenue for the 5 -year plan. Director Simpson answered no and added that if the dollar amount is too high, staff can make adjustments and lower the amount that the City is borrowing. City o/ Lake Elsinore Page 9 City Council Meeting Minutes June 24, 2014 City Manager Yates asked Director Simpson how long it would take to put together the 5 -year plan and suggested that staff bring this item back and discuss the direction of expenses, projects, and the budget. Staff can work diligently on slurry sealing with the money the City has. Administrative Director Simpson responded that staff can come back by September with a draft of the 5 -year plan for Council's consideration to adopt in October. Mayor Pro Tem Manos stated that he would support this item. Council Member Hickman stated that he would support this item. Mayor Johnson closed the Public Hearing at 8:03 p.m. Substitute motion by Council Member Hickman, second by Mayor Pro Tem Manos, to adopt Resolution No. 2014-044 a Resolution of the City Council of the City of Lake Elsinore, California, approving the execution and delivery of California communities local Measure A Sales Tax Revenue certificates of participation, series 2014A (T.R.I.P.) - Total Road Improvement Program pursuant to a Trust Agreement, authorizing the execution and delivery of a Trust Agreement, certificate purchase agreement and an installment sale agreement, authorizing the distribution of an official statement in connection with the offering and sale of such certificates, authorizing the filing of a validation action and other matters relating thereto and entering into an amended and restated Joint Exercise of Powers Agreement. The substitute motion passed by the following vote: AYES Council Member Hickman, Mayor Pro Tem Manos, and Mayor Johnson NOES Council Member Magee and Council Member Tisdale ABSENT: None ABSTAIN: None 11) ID# 14-189 Capital Improvement Plan For FY 2014-15 through 2018-19 Attachments: CMital Improvement Program 2015 2019 Agenda Report v3 Resolution CIP FY2014-15 TO 2018-19 v2 FY2014-15 TO FY2018-19 CIP BUDGET Planning Commission Resolution -Adopted Project Summary by Tvpe of Project FY2014-15 Staff recommends that City Council adopt Resolution 2014-045 adopting the proposed 5 -year Capital Improvement Plan for fiscal years 2014-15 through 2018-19. Total capital improvement plan cost for FY 2014115 is $25,363,120. Mayor Johnson opened the public hearing at 8:07 p.m. Public Works Director Damasse provided an overview of the 5 -year Capital Improvement Plan, and Pavement Rehabilitation Program. Mayor Johnson called for public comments. There being no one to speak on the Item, Mayor Johnson closed the Public Hearing at 8:32 p.m. Mayor Pro Tem Manos stated that he is in favor of this item. He also stated that he would like the City to work on the landscape esthetics of the freeway off ramps located within the City, lake dredging, and sewage infrastucture on Lakeshore Drive near Country Club Heights. City o/ Lake Elsinore Page 10 City Council Meeting Minutes June 24, 2014 Council Member Hickman thanked the Public Works staff for their work cleaning up Railroad Canyon Road. He stated that the Capital Improvement Plan is agresseive and he has great expectations. Council Member Magee noted that the following projects need to be completed in the next 12 months: the deceleration southbound 1-15 at Railroad Canyon Road, left turn pocket at Grape Street, turn signals on Canyon Hills at Sage Lane and Summerhill at Via Scenica, the new dog fence at McVicker park, playgrounds at Machado Park, Summerlake Park, and Yarborough Park, Whiskers Beach clean up, Serenity skate park, and the monument and freeway signs. Mayor Johnson stated that the proposed projects need to be completed and thanked Director Damasse for his hard work. Motion by Mayor Pro Tem Manos, second by Council Member Hickman, to adopt Resolution 2014-045 adopting the proposed 5 -year Capital Improvement Plan for fiscal years 2014-15 through 2018-19. Total capital improement plan cost for FY 2014-15 is $25,363,120, passed unanimously by the following vote: AYES : Mayor Pro Tem Manos, Council Member Hickman, Council Member Tisdale, Council Member Magee, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None APPEAL(S) - None BUSINESS ITEM(S) 12) ID# 14-190 Second Reading and Adoption of Ordinance No. 2014-1328 Attachments: Second reading of Ord 2014-1328 Purchasing Ordinance No 2014-1328 -Purchasing and Surplus Property modifications Waive further reading and adopt by title only Ordinance No. 2014-1328 by roll call vote: ORDINANCE NO. 2014-1328 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 3.08 AND CHAPTER 3.16 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING PURCHASING AND SURPLUS PROPERTY City o/ Lake Elsinore Page 11 City Council Meeting Minutes June 24, 2014 Motion by Council Member Magee, second by Council Member Tisdale, to waiver further reading and adopt by title only Ordnance NO. 2014-1328. City Clerk Bloom read the title of ORDINANCE NO. 2014-1328 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 3.08 AND CHAPTER 3.16 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING PURCHASING AND SURPLUS PROPERTY, passed by unanimous roll -call vote as follows: AYES : Council Member Magee, Council Member Tisdale, Council Member Hickman, Mayor Pro Tem Manos, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None 13) ID# 14-191 Appointments to the Planning Commission Attachments: Staff report PC Appointments V2 The Council sub -committee will make its recommendation to the Mayor and Council for consideration of two (2) full-term appointments to the City's Planning Commission. A vote will be called for each nomination, and the applicant receiving the highest number of affirmative votes from the majority of the Council present shall be appointed to serve on the City's Planning Commission for a term commencing on July 1, 2014 and ending on June 30, 2018. City Clerk Bloom provided an overview of the staff report and recommendation to Council. Council Member Hickman provided an overview of the interview process and recommendation from the Council Subcommittee to appoint applicants Shelly Jordan and Adam Armit to the City's Planning Commission. Council Member Magee also provided an overview of the selection process of qualified applicants. Motion by Council Member Hickman, second by Mayor Pro Tem Manos, to appoint Shelly Jordan and Adam Armit to the Planning Commission, passed by unanimous vote as follows: AYES : Council Member Hickman, Mayor Pro Tem Manos, Council Member Magee, Council Member Tisdale, and Mayor Johnson NOES None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 12 City Council Meeting Minutes June 24, 2014 14) ID# 14-192 Joint Report to City Council and Public Financing Authority: Authorizing the Special Tax Bond Issuance to Refund the Outstanding Bonds Related to Improvement Area A and Improvement Area C of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills). Attachments: 2014-06-24 JOINT City Council PFA Staff Report - Bond Issuance RESOLUTION 2014 - CITY OF LAKE ELSINORE RESOLUTION 2014 --LAKE ELSINORE PFA INDENTURE OF TRUST SECOND SUPPLEMENT TO FISCAL AGENT AGREEMENT FISCAL AGENT AGREEMENT ESCROW AGREEMENT 2004 BONDS ESCROW AGREEMENT 2010 BONDS PRELIMINARY OFFICIAL STATEMENT BOND PURCHASE AGREEMENT CONTINUING DISCLOSURE AGREEMENT 1.) City: Adopt Resolution No. 2014-046 authorizing the issuance of the bonds and bond documents. 2.) Public Financing Authority (PFA): Adopt Resolution No. PFA -2014-001 authorizing the issuance of bonds and bond documents. Administrative Services Director introduced Michael Bush, CEO of Urban Futures, Inc. Mr. Bush provided a joint overview of the refunding of Community Facilities District 2003-2 for Canyon Hills and municipal bond market to City Council and Public Finance Authority. Motion by Council Member Hickman, second by Council Member Magee, to adopt Resolution No. 2014-046 authorizing the issuance of the bonds and bond documents, passed by unanimous vote as follows: AYES : Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tem Manos, and Mayor Johnson NOES None ABSENT: None ABSTAIN: None Motion by Finance Authority Member Manos, second by Finance Authority Member Magee, to adopt Resolution No. PFA -2014-001 authorizing the issurance of bonds and bond documents, passed by unanimous vote as follows: AYES : Authority Member Manos, Authority Member Magee, Authority Member Johnson, Vice -Chair Tisdale, and Chair Hickman NOES : None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 13 City Council Meeting Minutes June 24, 2014 PUBLIC COMMENTS John Larson, Board Member of Studio 395, invited Council, City Staff, and the public to attend an Art Awareness Campaign "Who is Jon Seri" on June 29th from 10 a.m. to 4 p.m. at EI Cariso Village in Lake Elsinore. CITY MANAGER COMMENTS City Manager Yates stated that he is extremely proud to be part of this community and organization. City Manager Yates announced that staff received an email from a member of the community expressing gratitude for the improvement and progress in the City. CITY ATTORNEY COMMENTS - None CITY COUNCIL COMMENTS Council Member Hickman wished everyone a good 4th of July and asked the public to be safe. He thanked Public Works staff for their work at the intersection of Railroad Canyon Road and Grape Street. Council Member Hickman announced that Jack Pollock passed away. Council Member Magee announced that staff, in cooperation with McMillin Homes, fixed the dip at the intersection at Diamond Drive and Campbell Street. He stated that he voted against the T.R.I.P. (Total Road Emprovement Program) because he takes the responsiblity of the City's money seriously, but hopes that the program is successful. Council Member Magee announced that the Storm team came in 2nd place and has a chance of being in the wild card and another championship. He announced the Lucas Oil races on June 27th. Council Member Magee reminded the public to take responsibility in caring for their pets during the 4th of July. He wished Ed and Lynn Magee Happy 53rd Anniversary. Council Member Magee thanked City staff and Council. Council Member Tisdale welcomed Planning Commissioners Jordan and Armit. He requested that the Press Enterprise publish animal shelter information so that pet owners can located their pets in the event that they get loose during the 4th of July. Council Member Tisdale stated that he appreciates staff and their hard work. Lastly, he reminded the public to be safe during the 4th of July and fire season. Mayor Pro Tem Manos stated that this year the Capital Improvement Plan Budget is right on track. He appreciates Administrative Director Simpson and his finance team. Mayor Pro Tem Manos thanked Council for their decorum during the meeting and thanked Rick Morsch for his 4 years of service on the Planning Commission. City of Lake Elsinore Page 14 City Council Meeting Minutes June 24, 2014 Mayor Johnson welcomed the following new businesses to the City of Lake Elsinore: Afakoric Inc., Cassandra Marie Herbst, Cole -Schaeffer Ambulance, and Johnson's Auto Service. Mayor Johnson thanked the finance team and Public Works Department for their work. She stated that staff is doing a great job of preparation and giving Council a level of confidence to make decisions. She also stated that she is proud of the City Council. Mayor Johnson encouraged the public to take advantage of City activities offered through the Community Services Department and announced the 4th of July Fire works spectacular over the Lake. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:17 p.m. in memory of Jack Pollock. The next regularly scheduled meeting to be held on Tuesday, July 8, 2014, at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. Natasha Johnson, Mayor Virginia J. Bloom, City Clerk City of Lake Elsinore Page 15 �'1 i v Or LIl1 E c->LSiTi-NiUE City of Lake Elsinore Meeting Minutes City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITY MANAGER LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, July 22, 2014 7:00 PM Cultural Center CALL TO ORDER 5:00 P.M. Mayor Johnson called the City Council Closed Session to order at 5:00 p.m. ROLL CALL PRESENT: Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tem Manos and Mayor Johnson Also present: City Manager Yates, City Attorney Leibold, Community Development Director Taylor and City Clerk Bloom. CITY COUNCIL CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54946.9) Property: APN # 374-243-008-01 Agency Negotiator: City Manager Yates Negotiating Parties: City of Lake Elsinore and Gary Enniss Under Negotation: Price and terms of payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Seciton 54956.8) Property: APN # 389-040-006; 389-040-063; 389-461-003 Agency Negotiator: City Manager Yates Negotating Parties: City of Lake Elsinore and Spectrum Services on behalf of Verizon Wireless Under Negotiation: Price and terms of payment CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Potential of litigation pursuant to paragraph (4) of subdivion (d) of Section 54956.9: (1 potential case) City of Lake Elsinore Page 1 City Council Meeting Minutes July 22, 2014 City Attorney Leibold announced that the City Council would be meeting in Closed Session regarding those matters identified on the Agenda. CALL TO ORDER - 7:00 P.M. Mayor Johnson reconvened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE Zuzzette Bricker of Cal -Fire led the Pledge of Allegiance. ROLL CALL PRESENT: Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tem Manos, and Mayor Johnson Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Planning Manager MacHott, City Engineer Allison, Police Chief Hollingsworth, and Deputy City Clerk Giron. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss all items identified on the City Council Closed Session and that there was no reportable action taken. PRESENTATIONS / CEREMONIALS Water Safety Presentation by Cal Fire Zuzzette Bricker of Cal Fire provided a Water Safety presentation to the public and City Council. PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE Pat Kilroy, resident, stated that City Manager Yates boasted that the City spent $250,000 on a machine that contradicts the Federal Highway Standards relating to road repairs by Heatworks. City of Lake Elsinore Page 2 City Council Meeting Minutes July 22, 2014 CONSENT CALENDAR 1) ID# 14-213 Approval of Minutes Attachments: CC Minute Report 5-27-2014 CC Minutes 5-27-2014 It is recommended that the City Council approve the Minutes as submitted. 3) ID# 14-215 Adoption of a Resolution Awarding Tow Franchise Agreements and Establishing Tow Franchise Fees Attachments: Staff Report to City Council -Resolution Awarding Tow Franchises & Establishing Tow Franchise Fee Resolution No 2014-053 Awarding Tow Franchise Agreements and Establishing Tow Franchise Fees Exhibit Ak Tow Franchise Fee Cost Analysis Exhibit B: City Tow Operation Franchise Agreement It is recommended the City Council approve and adopt: Resolution No. Awarding Tow Franchise Agreements and Establishing Tow Franchise Fees 4) ID# 14-216 Adoption of a Resolution Electing to have the City of Lake Elsinore Become Subject to the California Uniform Public Construction Cost Accounting Act Attachments: Staff Report re Resolution Electing Uniform Cost Accounting Act Resolution No 2014-054 Electing to Participate in Uniform Cost_ Accounting Act It is recommended the City Council approve and adopt: Resolution No. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ELECTING TO BECOME SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT 5) ID# 14-217 Award of Professional Services Agreement (PSA) with Civil Source for Capital Improvement Program Project Management and Engineering Services Attachments: Staff Report for_Professional Service Agreement Civil Source Inc Civil Source Inc - Agreement for Professional Service 1 1. Award the consultant PSA to Civil Source in an amount not to exceed $178,000 for FY 14115 Capital Improvement Program (CIP) project management and engineering services. 2. Authorize the City Manager to execute the agreement with Civil Source for FY City of Lake Elsinore Page 3 City Council Meeting Minutes July 22, 2014 14115 CIP project management and engineering services. 3. Authorize staff to appropriate $178,000 from the FY 14115 CIP administration funds for FY 14115 CIP project management and engineering services. 6) ID# 14-218 A Resolution of the City Council of the City of Lake Elsinore California in Support of March Air Reserve Base & Naval Surface Warfare Center Corona and Accompanied Letter of Support Attachments: Staff Report Res o of Support for MARB Resolution No. 2014-055 Supporting MARB MARB letter It is recommended that the City Council consider adoption of Resolution No. 2014-0_ supporting March Air Reserve Base & Naval Surface Warfare Center; and Authorize the Mayor to sign two letters of support. Mayor Johnson pulled Agenda Item No. 2 Approval of the 2014-2015 Agreement between the Lake Elsinore Valley Chamber of Commerce and the City of Lake Elsinore. Motion by Council Member Tisdale, seconded by Council Member Hickman to approve the Consent Calendar Agenda, less Item No. 2, was unanimously approved by the following vote: AYES: Council Member Tisdale, Council Member Hickman, Council Member Magee, Mayor Pro Tem Manos and Mayor Johnson NOES: None ABSENT: None ABSTAIN: None PULLED AGENDA ITEM(S) 2) ID# 14-214 Approval of the 2014-2015 Agreement between the Lake Elsinore Valley Chamber of Commerce and the City of Lake Elsinore Attachments: CC Staff Report Chamber Contract Julv 22 2014 FINAL Lake Elsinore Valley Chamber of Commerce Agreement 20_14-15 FINAL 2 01415 C h a m b e rC o n t ra ct W o r k i n g 201415 Chamber Contract FINAL 201415CityVisitorsBureausContractWorking 2014 15 City Visitors Bureaus Contract FINAL It is recommended that the City Council approve the 2014-2015 General Services and Tourism Services Agreement and authorize the Mayor to execute the agreement between the City of Lake Elsinore and the Lake Elsinore Valley Chamber of Commerce. City of Lake Elsinore Page 4 City Council Meeting Minutes July 22, 2014 Motion by Mayor Johnson, seconded by Mayor Pro Tem Manos to continue this Agenda Item to the next meeting of August 12, 2014, passed by unanimous vote as follows: AYES: Mayor Johnson, Mayor Pro Tem Manos, Council Member Magee, Council Member Hickman and Council Member Tisdale NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) 7) ID# 14-219 Resolution to Approve Placing Delinquent Refuse Bills on FY 2014-2015 Tax Roll Attachments: Staff Rpt Delinquent Residential Refuse Bills Tax Roll 2014 Resolution No. 2014-056 for Delinquent Residential Refuse Tax Roll 2014 FINAL Staff recommends City Council approve Resolution No. 2014-_ and instruct staff to file a certified copy of Resolution No.2014-XXX along with the 120 -days past due accounts report with the Riverside County Auditor. Mayor Johnson opened the Public Hearing at 7:14 p.m. City Engineer Allison presented the staff report to Council. Roger Johnson, resident, spoke against making the homeowner liable for tenants' refuse bills. No further comments were received. Mayor Johnson closed the Public Hearing at 7:18 p.m. Motion by Council Member Tisdale, seconded by Council Member Magee, to approve Resolution No. 2014-059 (corrected Resolution No.) and instruct staff to file a certified copy of Resolution along with the 120 -days past due accounts report with the Riverside County Auditor, passed by unanimous vote as follows: AYES: Council Member Tisdale, Council Member Magee, Council Member Hickman, Mayor Pro Tem Manos and Mayor Johnson. NOES: None ABSENT: None ABSTAIN: None 8) ID# 14-220 An Ordinance of the City Council of the City of Lake Elsinore California Amending Title 5 Business Taxes Licenses and Regulation of the Lake Elsinore Municipal Code Adding Chapter 5.33 Mobile Food Trucks Attachments: CC Staff Report re Ordinance for Mobile Food Trucks FINAL CC ordinance re Mobile Food Trucks 2014 revv-3 CC ordinance re Mobile Food Trucks 2014 FINAL Waive further reading and Introduce by title only Ordinance No. 2014-1327, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, City or Lake Elsinore Page 5 City Council Meeting Minutes July 22, 2014 CALIFORNIA, AMENDING TITLE 5, BUSINESS TAXES, LICENSES AND REGULATION, OF THE LAKE ELSINORE MUNICIPAL CODE, ADDING CHAPTER 5.33, MOBILE FOOD TRUCKS, by roll call vote. Mayor Johnson opened the Public Hearing at 7:19 p.m. Community Development Director Taylor presented the staff report to the Council. Frank Sanatra of Sanatra Restaurant spoke of his concerns of proximity to existing businesses. Kim Cousins of the Chamber of Commerce spoke as to the need to limit the areas of town that Food Trucks would be allowed. Tiffin Buck, resident, spoke against the ordinance stating that the City would loose its authenticity. Ruthee Gold -Korn spoke of the need to add Americans with Disabilities regulations to the ordinance. Mayor Johnson closed the Public Hearing at 7:39 p.m. Council Member Hickman commented that the Food Trucks can be used at La Laguna, Motocross, parks, and special events. He suggested painting the curbs red to protect the local businesses. Mayor Johnson asked staff what the process would be for red or yellow curbing? City Engineer Allison responded that painting curbs would need to be researched as to parking and traffic circulation, etc. Motion by Council Member Magee, seconded by Council Member Hickman to include the ADA Compliance language into the proposed Ordinance and introduce by title only. City Clerk Bloom read the full title of Ordinance No. 2014-1327 into the record. The motion passed unanimously by the following roll -call vote: AYES: Council Member Magee, Council Member Hickman, Council Member Tisdale, Mayor Pro Tem Manos and Mayor Johnson. NOES: None ABSENT: None ABSTAIN: None APPEAL(S) - None BUSINESS ITEM(S) 9) ID# 14-221 Resolution to Approve Placing Delinquent Weed Abatement Invoices on Tax Roll Attachments: 2014 WA Tax Roll Staff Report Resolution No. 2014-057 Weed Abatement Tax R011 Weed Abatement Exhibit'A' It is recommended that the City Council adopt Resolution 2014-_ for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in the itemized report on file with the City Clerk's Office. City of Lake Elsinore Page 6 City Council Meeting Minutes July 22, 2014 City Engineer Allison presented the report to Council. Motion by Council Member Tisdale, seconded by Mayor Pro Tem Manos to approve Resolution No. 2014-060 (corrected Resolution No.) passed by unanimous vote as follows: AYES: Council Member Tisdale, Mayor Pro Tem Manos, Council Member Hickman, Council Member Magee and Mayor Johnson. NOES: None ABSENT: None ABSTAIN: None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES Roger Johnson, resident, spoke regarding the Municipal Code Section 10. 12.140 relating to vehicles parked on the street for more than 72 hours; he suggested the code be modified. Pat Kilroy, resident, spoke regarding The Links Golf Course at Summerly and its current state of disrepair due to receivership. Julie Cabrera, resident, spoke regarding the homeless' need for help. CITY MANAGER COMMENTS City Manager Yates announced National Night Out at McVicker Park scheduled for August 5th. He also announced that the historic sign would be installed on the new 7 -Eleven Sign. CITY ATTORNEY COMMENTS - None CITY COUNCIL COMMENTS City of Lake Elsinore Page 7 City Council Meeting Minutes July 22, 2014 Council Member Hickman thanked RTA for donating a 40 foot bus to the American Legion to assist veterans in getting to the VA Hospital. He asked the Police Chief how the 72 hours were tracked on vehicles parked on City streets. Chief Hollingsworth responded that the tires are marked with chalk. Council Member Magee announced that on-line police reporting is now possible and requested a presentation be made to City's Public Safety Advisory Commission, information added to the City's website and for the PSAC to report back to the Council. He suggested that the Council attend a Study Session on the pros and cons of affiliation with the Association of CA Cities for economic development options. Council Member Magee asked to put the Fish & Wildlife on notice to be partners with the City rather than work against us. He announced the passing of actor James Garner who was an avid racing fan and suggest that Historical Committee verify that James Garner, Steve McQueen and Malcom Smith all participated in the Grand Prix and that their likeness be added to the mural that is currently being understaken by Robin Golden. Council Member Magee announced that the Storm Baseball is in 1 st place and invited the public to attend a game to support the team. Lastly, he reported on the Pathway Project meeting held at Lakeside High School now has 12 mentors trained with new classes scheduled for September 16th at the Cultural Center. Mayor Pro Tem Manos stated that he attended two funerals of two local residents whose passing affected him and asked the community to say a prayer. Mayor Johnson announced the two new businesses, Smith Tires & Rims and Benedicto Produce on 3rd Street. She thanked City staff for the comprehensive staff reports. Mayor Johnson announced that she and Council Member Hickman sit on a Committee with the Water District at which they are researching options available to avoid a fish kill by looking at ways to increase boating activities on the lake. She announced that a plan would be brought back to the Council in this regard. ADJOURNMENT Mayor Johnson adjourned this meeting at 8:15 p.m. to the next regular City Council meeting of Tuesday, August 12, 2014. Natasha Johnson, Mayor Virginia J. Bloom, City Clerk City of Lake Elsinore Page 8 C11) Or Li11,;E I S1I`R—)p L-: Tuesday, August 12, 2014 CALL TO ORDER City of Lake Elsinore Meeting Minutes City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITY MANAGER 7:00 PM Mayor Johnson called the Closed Session meeting to order at 5:00 p.m. ROLL CALL LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tem Manos and Mayor Johnson Also present: Acting City Manager Simpson, City Attorney Leibold, and City Clerk Bloom. PUBLIC COMMENTS - None CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case) Cultural Center City Clerk Bloom announced that the City Council would be meeting in Closed Session to discuss those items identified on the Agenda. Mayor Johnson adjourned into Closed Session at 5:01 p.m. CALL TO ORDER Mayor Johnson reconvened the meeting at 7:00 p.m. City of Lake Elsinot'e Page 1 City Council Meeting Minutes August 12, 2014 PLEDGE OF ALLEGIANCE Tony LoPiccolo lead the Pledge of Allegiance. ROLL CALL PRESENT: Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tem Manos and Mayor Johnson Also present: City Attorney Leibold, City Clerk Bloom, Acting City Manager/Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Police Chief Hollingsworth, and Deputy City Clerk Giron. CLOSED SESSION REPORT City Attorney Leibold made the Closed Session announcement with no reportable action taken. PRESENTATIONS - None PUBLIC COMMENTS Paul Jacobs, representative of Riverside County United Communities invited the Council and the public to attend their upcoming meeting. CONSENT CALENDAR 1) ID# 14-224 Approval of Minutes Attachments: CC Minute Report 5-27-2014 Minutes of Budget Study Session May 27 2014 It is recommended that the City Council approve the Minutes as submitted. 2) ID# 14-225 Warrant List Dated July 10 & 24, 2014 Attachments: CihyStaff Report -08.12 14 Warrant Summary City 07 10 14 Warrant List CAY_07-t-0-14 Warrant Summary City 07 24 14 _WarrantList City 07 24 14 It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated July 10 & 24, 2014. City of Lake Elsinore Page 2 City Council Meeting Minutes August 12, 2014 3) ID# 14-226 City Investment Report for June 2014 Attachments: City Investment Report Cover 2014-06.p City.lnvestment Re op rt 2014-06.pdf Staff recommends that the City Council receive and file the City Investment Report for June 2014. 4) ID# 14-227 A Resolution of the City Council of the City of Lake Elsinore, California in Support of Online Authorization of Army and Air Force Exchange Attachments: Sta_ff_R�ort Reso of Support for Online Authorization of Armv and Air force_Exchange Service Access Resolution Supporting Online Authorization of AAFES It is recommended that the City Council consider adoption of Resolution No. 2014-0 supporting online authorization of Army and Air Force exchange service access by all honorably discharged veterans; and to direct the City Clerk to forward a certified copy of the resolution to our State legislative officials. 5) ID# 14-228 Award of Professional Services Agreement (PSA) with Kimlev-Horn and Associates Inc. for the Capital Improvement Program Proiect Management and Engineering Services Attachments: Staff Report- Kimley-Horn 081214 PSA- Kimlev-Horn 081214 1. Award the consultant PSA to Kimley-Horn and Associates, Inc. in an amount not to exceed $310,000 for FY 14115 Capital Improvement Program (CIP) project management and engineering services. 2. Authorize the City Manager to execute the contract with Kimley-Horn and Associates, Inc. for FY 14115 CIP project management and engineering services. Authorize staff to appropriate $310,000 from the FY 14115 CIP administration funds for FY 14115 CIP project management and engineering services 7) ID# 14-230 Household Hazardous Waste Collection Agreement - County of Riverside Waste Management Department Attachments: Staff Report - HHW 081214 Agreement - HHW 081214 Approve the agreement with the County of Riverside Waste Management Department for collection of Household Hazardous Waste. 8) ID# 14-231 Professional Services Agreement - National Pollutant Discharge Elimination System (NPDES) Industrial/Commercial Inspection Services Attachments: Staff Report -Award PSA LynnMerrill 08122014 Attachment A NPDES his ection PSA - Merrill City o/ Lake Elsinore Page 3 City Council Meeting Minutes August 12, 2014 1. Award the Professional Service Agreement to Lynn Merrill to perform NPDES Permit compliance inspection services. 2. Authorize the City Manager or designee to execute all contracts and associated documents, adjust contract amount at mid -year, not to exceed available funds, and execute up to three (3) annual renewal options, each not to exceed available budget. 9) ID# 14-232 Resolution Confirming Fiscal Year 2014-15 Special Taxes and Assessments for CFD 2003-2 Attachments: Staff Report for Auaust 12 2014 CC Aaenda-CFD consent bll RESOLUTION NO 2014 -CFD LEVY FY2014-15 2003-2 bll Adopt Resolution No. 2014-_ confirming special taxes and assessments for Fiscal Year 2014-15 for the Community Facilities District 2003-2 Canyon Hills - Fire Tax. Council Member Tisdale requested to pull Agenda Item No. 10 from the Consent Calendar. Council Member Magee requested to pull Agenda Item No. 6 from the Consent Calendar. Motion by Mayor Pro Tem Manos, seconded by Council Member Hickman to approve the Consent Calendar, less Agenda Item Nos. 6 & 10, was approved by unanimous vote as follows: AYES: Mayor Pro Tem Manos, Council Member Hickman, Council Member Tisdale, Council Member Magee and Mayor Johnson. NOES: None ABSENT: None ABSTAIN: None AGENDA ITEMS PULLED 6) ID# 14-229 Approval of the 2014-2015 Agreement between the Lake Elsinore Valley Chamber Of Commerce and the City of Lake Elsinore Attachments: Staff Report - 2014-2015 Agreement between LEVCC and the City - Lake Elsinore Valley hamber of Commerce Agreement 2014-15 Exhibit A -Economic Development Services Exhibit B - Toursim Visitors Bureau Services It is recommended that the City Council approve the 2014-2015 Economic Development Services and Tourism & Visitors Bureau Services Agreement and authorize the Mayor to execute the agreement between the City of Lake Elsinore and the Lake Elsinore Valley Chamber of Commerce. City of Lake Elsinore Page 4 City Council Meeting Minutes August 12, 2014 Council Member Magee commended Kim Cousins for pursuing more economic developments opportunities. He outlined several proposed changes including a voluntary TOT tax increase, to turn over any revenues from the State of the City events in order to fund the upcoming events, and that the City not waive the public safety fees for Frontier Days. He suggested that the Contract be reviewed annually by the Budget Subcommittee, Council Member Hickman agreed that the public safety fees would need to be paid by the Chamber for Frontier Days. Kim Cousins of the Chamber stated that the Business Improvement District considered an increase in TOT tax, however it did not pass by the voters, he offered that the City is branded with Frontier Days and therefore should pay the cost of public safety for said event. He added that if that feature was eliminated, that it would kill the event. Mr. Cousins stated that the Chamber is contracted to conduct the State of the City event which is a risk verse rewards function, therefore cannot turn over any profits. Council Member Magee responded that City staff conducted the State of the City event for over ten years and suggested that City staff take it back. He offered that since the Council didn't vote on Frontier Days, that it be removed from the list of events. Council Member Tisdale suggested this Agenda item be brought back when the City Manager can address the staffing issues relating to this Agenda Item. Motion by Council Member Magee, seconded by Council Member Hickman to continue this Agenda Item. Mr. Cousins announced that the State of the City is a large event that requires a great deal of work seeking sponsors, etc. Mayor Pro Tem Manos stated that the Economic Development Subcommittee did meet with the City Manager and the Chamber regarding the scope of the contract and that no profits were being made by the event. Mayor Johnson confirmed that she attended the same meeting and that the point of contention is the profit of these events which now needs clarity. Motion to continue passed by the following vote: AYES: Council Member Magee, Council Member Hickman, Council Member Tisdale and Mayor Johnson. NOES: Mayor Pro Tem Manos ABSENT: None ABSTAIN: None 10) ID# 14-233 Consideration of a Healthy City Resolution in Support of a Healthy Active Community Attachments: CC Staff Report re Healthy City FINAL CC Healthy Q- Resolution FINAL Adopt Resolution No. 2014-, A Resolution of the City Council of the City of Lake Elsinore, California, Approving a Healthy City Resolution Setting Forth the City's Commitment to a Healthy Active Community. City o/ Lake Elsinore Page 5 City Council Meeting Minutes August 12, 2014 Council Member Tisdale introduced Michael Oster, Deputy Director of the County Public Health Department. Director Oster stated that he looked forward to working with walkable cities as healthier cities equates to healthy citizens. Council Member Tisdale added that this concept builds on what the City is trying to do. Motion by Mayor Pro Tem Manos, seconded by Council Member Tisdale, to adopt the Resolution passed by unanimous vote as follows: AYES: Mayor Pro Tem Manos, Council Member Tisdale, Council Member Hickman, Council Member Magee and Mayor Johnson. NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) 11) ID# 14-234 Second Reading and Adoption of Ordinance No. 2014-1327 Attachments: Second reading of Ord 2014-1327 Mobile Food Trucks Ordinance No. 2014-1327 Mobile Food Trucks 2014 Adopted Waive further reading and adopt by title only Ordinance No. 2014-1327 by roll call vote: ORDINANCE NO. 2014-1327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, BUSINESS TAXES, LICENSES AND REGULATION, OF THE LAKE ELSINORE MUNICIPAL CODE, ADDING CHAPTER 5.33; MOBILE FOOD TRUCKS City Clerk Bloom presented the Ordinance for second reading and adoption. Motion by Council Member Tisdale, seconded by Mayor Pro Tem Manos to waive further reading and adopt Ordinance No. 2014-1327 passed by unanimous roll -call vote. City Clerk Bloom read the full title into the record. AYES: Council Member Tisdale, Mayor Pro Tem Manos, Council Member Magee, Council Member Hickman and Mayor Johnson. NOES: None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 6 City Council Meeting Minutes August 12, 2014 12) ID# 14-235 Resolution Temporarily Offering Free Boating Days on the Lake Attachments: Report to City Council - Increasing Lake Use CC Reso re Lake Use Pass Free days DHM Clean Dissolved Oxygen Levels (7 27 - 8 2) - Grand Buoy Dissolved Oxygen Levels L7--2-7---8--2) - Lakeshore Buov It is recommended the City Council approve and adopt: Resolution No. 2014- _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TEMPORARILY OFFERING FREE BOATING DAYS ON WEDNESDAYS AND SUNDAYS. Management Analyst Dailey presented the staff report to the Council. She outlined the proposal of eight weeks of free boating on the lake on Wednesdays and Sundays in an effort to garner more lake activity to increase the oxygen levels. She also outlined the estimated costs of the proposal. This is a pilot program that the City will monitor throughout those eight weeks. She offered that an updated Chart was being provided for clarity. Pat Kilroy, resident, spoke against the proposal as unsubstantiated. Mayor Johnson announced that staff was asked to bring this item forward to prepare in the event of a fish kill. Council Member Hickman stated that it was a great idea. Council Member Tisdale stated that the City should be proactive in the event of a fish kill and asked who was the expert that the City is consulting? Analyst Dailey offered that EVMWD and LESJWA have offered that activity on the lake will mix the water to make oxygen. Council Member Tisdale inquired as to stocking the lake with fish? Analyst Dailey offered that staff has been researching that and plans to bring forward a fish stocking proposal within the next few months. Council Member Magee and Mayor Johnson inquired as to the status of the proposed fish hatchery? Public Works Director Damasse offered that it is being worked on at this time and would update the Council with further information. Mayor Pro Tem Manos offered that the proposal was a good economic development idea to bring people to the Lake. Motion by Mayor Pro Tem Manos, seconded by Council Member Hickman, to approve Resolution No. 2014-064 temporarily offering free boating days passed by unanimous vote as follows: AYES: Mayor Pro Tem Manos, Council Member Hickman, Council Member Magee, Council Member Tisdale and Mayor Johnson. NOES: None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 7 City Council Meeting Minutes PUBLIC COMMENTS August 12, 2014 Frank Galante, Throddle Junkie.com representative stated that he will be bringing a proposal for closed course jet skiing to the City. He offered that his business could be used for marketing purposes. CITY MANAGER COMMENTS - None CITY ATTORNEY COMMENTS - None CITY COUNCIL COMMENTS Council Member Hickman announced that school starts tomorrow and that the police will also be out tomorrow so for everyone to be safe. Council Member Magee stated that he was disappointed that the Chamber contract did not get approved; he stated that the Pathway Project would be having a meeting on September 8th to train mentors and invited the public to participate. Council Member Tisdale thanked everyone for attending the meeting; he asked for an update on the parks improvements; he reminded the public that school starts tomorrow and that the Council had new safety lights installed at each of the schools. Mayor Johnson welcomed the new businesses to the City; she announced Lake Elsinore Night Out with tickets being sold by the Chamber; she shared in the disappointment that the Chamber contract was not approved at this meeting, but this item will be back at the next meeting; she asked for an update on the fish hatchery; and introduced the City's new Finance Manager David Bilby; lastly she reminded the public of the start of school. ADJOURNMENT Mayor Johnson adjourned this meeting at 8:03 p.m. to the next regularly scheduled meeting of Tuesday, August 26, 2014. Natasha Johnson, Mayor Virginia J. Bloom, City Clerk City of Lake Elsinore Page 8 Agenda Date: 9/23/2014 In Control: City Council Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 14-286 Version: 1 130 South Main Street Lake Elsinore, CA 92530 �.lake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 9/18/2014 CITY CSI - LAKF T` LS OB) E ,.ItAtvt F FREMJ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: SEPTEMBER 23, 2014 SUBJECT: WARRANT LIST DATED SEPTEMBER 11, 2014 Recommendation It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated September 11, 2014 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Prepared By: Frances Ramirez Account Specialist II Reviewed By: Jason Simpson Administrative Services Director Approved By: Grant Yates City Manager Attachments: Warrant List 9-11-2014 5[ i ILMe>ER 11, 201H CIFIFY OF LAKE JEILSILNORE WARRANT SUMMARY TUNT)# FUND DESCRIPTION IO'I'A'L 100 GENERALFUND $ 1,154304.11 106 AFFORDABLE HOUSING IN -LIEU FUND 6,100.00 108 MISC GRANT FUND 6,669.90 110 STATE GAS TAX FUND 7,335.10 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 62,529.20 135 L.L. M.D. NO. 1 FUND 652.92 155 CSA 152 -N.P.D.E S FUND 42.12 347 C.F.D. 2006-1 IA -A (2013A) DEBT SERVICE FUND 111.12 349 C.F.D. 88-3 (20136) DEBT SERVICE FUND 32.38 354 C.F.D. 90-2 SUCCESSOR RDA DEBT SERVICE FUND 153.91 357 C.F.D. 2003-02 IA -1 CANYON HILLS DEBT SERVICE FUND 121.61 366 C.F.D. 2005 6 CITY CENTER TOWN HOME DEBT SERVICE_ FUND 111.11 368 C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND 17,149 82 369 C.F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND 111.11 371 C.F.D. 2005-1 SERENTIY/KB DEBT SERVICE FUND- 111 11__ 372 C.F.D. 2005-2 ALBERHILL RANCH DEBT SERVICE FUND 126.61 373 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND 111.11 374 C.F.D. 2005-4 LAKE VIEW VILLAS DEBT SERVICE FUND 111 11 376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND 111.1 378 C.F.D. 2006-8 TR#31957 DEBT SERVICE FUND 111 11 384 C.F.D. 2003-2 IA -B CANYON HILLS DEBT SERVICE FUND 111.11 385 C.F.D. 2004-3 SRS 2006A DEBT SERVICE FUND 111 11 386 C F.D. 2007-4 MAKENNA COURT DEBT SERVICE FUND 2_22.22 387 C.F.D. 2007-5 RED KITE DEBT SERVICE FUND 111.11 - 392 C.F.D. 95-1 (2011 SRS B) DEBT SERVICE FUND 111.11 393 AD 93-1 (2012 SRS B) DEBT SERVICE FUND _10._50 394 C.F.D.2005 5 (2012A) WASSON CANYON DEBT SERVICE FUND 4,505 00 500 CAPITAL IMPROVEMENT PLAN 8,401.94 620 COST RECOVERY SYSTEM FUND 15,453.87 GRAND TOTAL $ 1,285,144.54 9/16/2014 Warrant 09 11 14 City 1 of 1 SEPTEMBER :fl, 200 cC I Y OF LAKE LILSII INct RE C111CK# VEN;OOR NAME VOID -CALIFORNIA FION WARRANJ 1.1,11 AMOUN'1 $ (4U(J.U(J) 119697 AMERICAN EXPRESS (42001) 4,311.43 119698 AMERICAN EXPRESS (71001) 119699 119700 119701 AMERICAN EXPRESS (71002) APPLE ONE BURKE. WILLIAMS & SORENSEN, LLP 119702 C. R. & R., INC. 119703-119704CALIFORNIA TAX DATA 119705 CENTURY LINK FK�IIiP►III��: 396.60_ 257.40 1,550.38 634.50 2,000.00 60.64 747.23 119707 FILARSKY & WATT, LLP 560.00 119708 LEGAL SHIELD 15540 119709 LIUNA LOCAL 777 1,173.00 119710 PREMIUM PALOMAR W. SPRING WATER 205 25 RIGHTWAY SITE INC. 119713-119716 SOUTHERN_ CALIFORNIA EDISON CO. 119717 TASC 119718 TEAM 119719 UNION BANK OF CALIFORNIA 119720-119722 VERIZON CALIFORNIA 119723 VISION SERVICE PLAN 468. U.254 603,503.69 1,852.04 119724 WESTERN RIVERSIff COUNCIL OF GOVERNMENTS 53,238 00 119725 A & A JANITORIAL SERVICE 399.33 119726 ACTION GAS & WELDING SUPPLY 26.01 11 AIR CLEANING 119728 ALLEGRA MARKETING PRINT MAIL 119729 AMBER AIR CONDITIONING, INC. 119730 AMERICAN MATERIAL CO. 31 APPLE 119732 AUTO SHOP EQUIPMENT GO., INC. 119733 Al SOLAR POWER, LLC 119734 BANK OF AMERICA, CITY 119735 BANK OF AMERICA, FIRE 119736 BANK OF AMERICA, FIRE BANK OF AME BANK OF AME 479. 657.88 1,006.80 649.20 402 95 607.66 180.98 296.42 368.68 119739 BANK OF AMERICA, CITY 635.72_ 119740 BANK OF AMERICA, FIRE 224.33 119741 BUREAU VERITAS NORTH AMERICA, INC. _ 3,264 00 119742 CANON FINANCIAL SERVICES,_INC7 908.70_ 119743 CDW GOVERNMENT, INC. 800.60 119744 C_RAFCO, INC. 1,787.28 _ 119745 D & S ELECTRIC 979.00 119746 DATA QUICK INFORMATION SYSTEMS, INC. -130.50 119747 RICK DE SANTIAGO 1,355.98 119748 DIRECTV 105.98 119749 DISH NETWORK 9527 _ 119750 CAROLE DONAHOE A.I.C.-P. 3,337 50 119751-119752 E. V. M. W. D. 19,546 31 119753 EAGLE ROAD SERVICE & TIRE 680.40 119754 ENVIRONMENTAL SCIENCE ASSOCIATES _ 510.00 119755 FED EX KINKO'S 181.44 9/16/2014 Warrant 09 11 14 City 1 OF 3 ,SEPIUMBER 11, 20PI cC�FYY OF ILAKIE JELSIII�OP',L wA;l�«AN.r z.,i5; C73:GCKIt VENDOR NAME AMOUNT 119756 FEDERAL EXPRESS CORPORATION 66.48 119757 GMS ELEVATOR SERVICES, INC. 87150 119758 GOLDEN OFFICE TRAILERS, INC. 388.80 119759 GREAT AMERICA FINANCIAL SERVICES 531.45 119760 CARRIE HANES 48.39 119761 I. C.M.A. RETIREMENT TRUST 4,930.92 119762 INLAND EMPIRE LOCK & KEY 747,10 119763 JOHNSON MACHINERY CO.-- -1,158.30 119764 KJ SERVICES ENVIRONMENTAL CONSULTING 1,395.00 119765 M K I GROUP, INC 1,600.00 119766 MATTHEW FAGAN CONSULTING SERVICES _ 2,660 95 119767 LINDA MILLER 4,800.00 119768 MSA NCVC 600.00 119769MUNISERVICES, LLC 975.00_ 119770 NAVA'S PAINTING 2,000 00 119771 NEXTEL COMMUNICATIONS 200.58 119772 OFFICE MAX INCORPORATED 567.21 119773 ORKIN INC. 91.69 119774 PREMIUM PALOMAR MT SPRING WATER 229.00 119775 THE PRESS ENTERPRISE 285.60 119776 PRO COAT POWDER COATING, INC 194.40 119777 RIGHTWAY SITE SERVICES, INC. 331,27 119778 RIVERSIDE COUNTY SHERIFF _ _ 1,200.00_ 119779 RIVERSIDE COUNTY SHERIFF 1,200,00 119780 RIVERSIDE COUNTY SHERIFF 1,200.00 119781 RIVERSIDE COUNTY SHERIFF 1,200.60 119782 - RIVERSIDE COUNTY SHERIFF 1,200 00 119783 RIVERSIDE COUNTY SHERIFF 1,200 00 119784 -RIVERSIDE COUNTY SHERIFF 1200.00 119785 RIVERSIDE COUNTY SHERIFF_ 1,200 00 119786 RIVERSIDE COUNTY SHERIFF 1,200 00 119787 RIVERSIDE COUNTY- SHERIFF _ - 1200.00 119788 RIVERSIDE COUNTY SHERIFF 1,200.00 119789 RIVERSIDE COUNTY SHERIFF 1,200.00 119790 RIVERSIDE COUNTY SHERIFF 1,200 00 119791 ROBERT ROONEY -- MATCO TOOLS 126.36 119792 SCOTT FAZEKAS & ASSOCIATES INC 1,762A2 119793 SO CAL SANDBAGS 1,023 20 119794 SOLID ROCK LANDSCAPE CONSTRUCTION __2,500.100 119795 SOUTHERN CALIFORNIA EDISON 8,401 94 119796-119797 SOUTHERN CALIFORNIA EDISON CO 3,588 43_ 119798 SOUTHERN CALIFORNIA GAS C6 195.16 119799 SOUTHWEST ICE MACHINES 258.30 119800 STANDARD NsURANCE COMPANY -_- _ 2,059 35 119801 STANDARD INSURANCE COMPANY 15,236.76 119802 STAUFFER'S LAWN EQUIPMENT 72.98 _ 119803-119804 SUSTAINABLE CIVIL ENG SOLUTIONS INC 11 945,50 119805 TARGET SPECIALTY PRODUCTS 1,619.78 119806 TEAM AUTOAID, INC. 51.21 _ 119807 ULTIMATE SIGNS & GRAPHICS - 51.84 119808 UNITED PARCEL SERVICE 124.39 119809 VERIZON CALIFORNIA - _ 24741 119810 WILLDAN 4,629.75 WARRANT TOTAL 871.830.33 DATE - .PAY 09/09/14 CALIFORNIA P.E.R.S. 115,097.31 9/16/2014 Warrant 09 11 14 City 2 OF 3 sLE"TENIBM 11, 20-114 CITY OF ILAIK]E ELSINORE I1:1ECM VENDOR NAME 09/02/14 PAYROLL CASH WARRAINT 'L151' AMOUNI 793. 09/08/14 PAYROLL CASH l55,zov uo 09/02/14 PAYROLL TAXES 3,577.18 _ 09/11/04 PAYROLL TAXES 66,927.17 GRAND TOTAL $ 1,285,144.54 9/16/2014 Warrant 09 11 14 City 3 OF 3 t ttJ, —1,7,7 '`t41, Agenda Date: 9/23/2014 In Control: City Council Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 14-287 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 9/18/2014 CITY OF LADE LSII` ORX DREAM EXFREME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: SEPTEMBER 23, 2014 SUBJECT: INVESTMENT REPORT — AUGUST 2014 Recommendation Staff recommends that the City Council receive and file the Investment Report for August 2014. Discussion The Investment Report is a listing of all funds invested for the City as of the date shown on the report. Prepared By: Nancy L. Lassey Finance Administrator Approved By: Jason P. Simpson Director of Administrative Services Approved By: Grant M. Yates City Manager Attachments: Investment Report for August 2014 CITY OF LADE C LSINORT --, V DREAM EXTREME,. CITY OF LAKE ELSINORE INVESTMENT REPORT AUGUST 2014 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF AUGUST 31, 2014 Cashier Drawers #1 & #2 City of Lake Elsinore Petty Cash Fund TOTAL POOLED CASH AND INVESTMENTS 300 1,000 $ 48,293,068 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on November 12, 2013. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Jason P. Simpson September 15, 2014 Director of Administrative Services Date BANK DEPOSITS OUTSTANG BOOK ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank of America - General $ 3,939,885 $ 235,939 $ (1,528,672) $ 2,647,151 Bank of America - Payroll 13,835 - (908) 12,926 Bank of America - Flex Benefit 19,354 - - 19,354 Total Active Accounts 3,973,074 235,939 (1,529,581) 2,679,432 INVESTMENTS City Local Agency Investment Fund 11,404,801 - - 11,404,801 City CAMP Investments: CAMP Pool Account 108,430 - - 108,430 U.S. Treasury Bond / Note 10,442,935 - - 10,442,935 Municipal Bond / Note 125,000 - - 125,000 Federal Agency Bond / Note 9,399,042 - - 9,399,042 Corporate Note 8,785,998 - - 8,785,998 Certificate of Deposit 575,000 - - 575,000 Housing CAMP Investments: - Housing CAMP Pool Account 59,336 - - 59,336 Housing U.S. Treasury Bond / Notes 1,679,212 - - 1,679,212 Housing Federal Agency Bond / Notes 1,736,394 - - 1,736,394 Housing Corporate Notes 1,540,940 - 1,540,940 Sub -total Investments 45,857,090 - - 45,857,090 Unrealized Gain/ (Loss) at 6-30-13 (LAIF) 2,427 - - 2,427 Unrealized Gain/ (Loss) at 6-30-13 (CAMP General) (190,136) (190,136) Unrealized Gain/ (Loss) at 6-30-13 (CAMP Housing) (57,045) - - (57,045) Total Unrealized Gain/ (Loss) at 6-30-13 per GASB 31 (244,753) (244,753) Total Investments 45,612,336 - - 45,612,336 $ 49,585,410 $ 235,939 $ (1,529,581) $ 48,291,768 Cashier Drawers #1 & #2 City of Lake Elsinore Petty Cash Fund TOTAL POOLED CASH AND INVESTMENTS 300 1,000 $ 48,293,068 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on November 12, 2013. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Jason P. Simpson September 15, 2014 Director of Administrative Services Date CITY OF LAKE ELSINORE LOCAL AGENCY INVESTMENT FUND TRANSACTION SUMMARY FOR THE MONTH ENDING AUGUST 31, 2014 Interest Rate Purchase Date 0.260% Daily Beginning Balance Net Increase/(Decrease) $ 11,404,801 $ Maturity Rate 24 -Hour Ending Balance $ 11,404,801 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF AUGUST 31, 2014 FUND NO FUND NAME AMOUNT 100 General Fund $ 10,265,540 101 Supplemental Law Enforcement Fund 23,860.27 102 Local Law Enforcement Block Grant Fund (13,569.52) 103 Office of Traffic Safety Fund 515.18 104 Traffic Offender Fund 40,881.87 106 Affordable Housing In Lieu Fund 2,094,843.44 107 Developer Agreement Revenue 1,756,162.77 110 State Gas Tax Fund 1,417,422.74 111 TUMF C.I.P. Fund (73,351.46) 112 Transportation Fund 1,138,116.78 113 Measure A Fund 5,156.99 114 SB1186 CAS Program Fund 2,620.80 115 Traffic Safety Fund 1,305.31 116 City Hall -Public Works DIF Fund 999,995.45 117 Community Center DIF Fund 344,467.08 118 Lake Side Facility DIF Fund 719,345.26 119 Animal Shelter DIF Fund 217.33 120 Camino Del Norte DIF 36,011.94 130 Lighting & Landscape Maintenance Fund - City-wide 14,301.94 135 Lighting & Landscape Maintenance Fund - Dist. No. 1 305,602.46 140 Geothermal Fund 19,516 150 C.D.B.G. Fund (7,138) 155 CSA152 -- N.P.D.E.S. (6,836) 160 PEG Grant Fund 62,538 201 Street C.I.P. Fund 14,049 204 Signal C.I.P. Fund 194,192 205 Traffic Impact Fee Fund 3,217,049 211 Storm Drain C.I.P. Fund 5,666,628 221 Quimby Park C.I.P. Fund 386,295 231 Library C.I.P. Fund 1,592,674 232 City Fire Protection Fund 95,806 235 2011 Series A Bonds -Boat Launch Construction Fund 8,563 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 126,253 332 CFD 2006-1 Improvement Area B, Summerly 12,343 344 CFD 2005-2 Alberhill Ranch Services Fund 556 345 CFD 2003-2S Improvement Area D, Canyon Hills 33 346 CFD 2014-1 Southshore Debt Service Fund 61,224 347 CFD 2006-1 Improvement Area A, Summerly 26,562 348 CFD 2003-2 Improvement Area C, Canyon Hills 27,884 349 CFD 88-3 (2013B) Debt Service Fund 39,917 350 CFD 98-1 Summerhill Debt Service Fund 43,324 352 AD 86-1 Debt Service Fund 605,394 353 AD 89-1 Debt Service Fund 619 354 CFD 90-2 Successor RDA Debt Service Fund 54,593 356 AD 90-1A Debt Service Fund 33,259 357 CFD 2003-2 Canyon Hills Debt Service Fund 72,100 360 AD 93-1 Debt Service Fund 138 1 of 2 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF AUGUST 31, 2014 FUND NO FUND NAME AMOUNT 365 CFD 98-1 (2002) Debt Service Fund 87,354 366 CFD 2005-6 City Center Townhomes Debt Service Fund 21,447 367 CFD 2005-3 Summerly Debt Service Fund 34,315 368 CFD 2006-2 Viscaya Debt Service Fund 122,952 369 CFD 2004-3 Area 1 Rosetta Canyon Debt Service Fund 59,182 371 CFD 2005-1 Serenity Debt Service Fund 95,061 372 CFD 2005-2 Alberhill Ranch Debt Service Fund 355,689 373 CFD 2005-5 Wasson Canyon Debt Service Fund 54,006 374 CFD 2005-4 Lakeview Villas Debt Service Fund 38,429 375 CFD 2006-4 Tract No. 30698 & 32129 Debt Service Fund 11,043 376 CFD 2006-3 La Strada Debt Service Fund 16,061 377 CFD 2006-6 Tessara Debt Service Fund 9,905 378 CFD 2006-8 Tract No. 31957 Debt Service Fund 40,254 382 CFD 2006-9 Trieste Debt Service Fund 31,116 384 CFD 2003-2 Area B Canyon Hills Debt Service Fund 225,841 385 CFD 2004-3 Area 2 Rosetta Canyon Debt Service Fund 338,159 386 CFD 2007-4 Mekenna Debt Service Fund 2,757 387 CFD 2007-5 Red Kite Debt Service Fund 48,980 388 CFD 2007-6 Holiday Inn Debt Service Fund 3,748 389 CFD 88-3 (2008A) West Lake Elsinore Debt Service Fund 159,453 390 CFD 2003-2 Area C Canyon Hills Debt Service Fund 739 392 CFD 95-1 City Center Debt Service Fund 11,546 393 AD 93-1 Debt Service Fund 57,965 394 CFD 2005-5 (2012A) Wasson Canyon Debt Service Fund 97,200 604 Endowment Trust Fund 10,842 605 Public Improvement Trust Fund 856,311 606 Mobile Source Air Polution Reduction Fund 205,205 608 Trust Deposit & Pre Paid Expense Fund 1,570,265 617 Successor Agency Housing Fund 10,466,655 620 Cost Recovery System Fund 1,500,012 631 Lake Destratification Equipment Replacement Fund 126,203 650 CFD 2003-1 Law & Fire Service Fund 4,731 651 CFD 2006-5 Park & Open Space Service Fund 26,074 652 CFD 2007-1 Law & Fire Service Fund 57,884 653 CFD 2009-1 Parks & Lighting Service Fund 118,570 654 CFD 2003-2S Fire Service Fund 130 Total Pooled Cash &Investments $ 48,293,068 Amounts due from other entities or sources and expected to arrive within this fiscal year. 2of2 CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS FOR THE MONTH ENDING AUGUST 31, 2014 TYPES OF SECURITIES U.S. Treasury Bills U.S. Treasury Bond / Notes Current Balance Federal Agency Bond I Notes Current Balance Municipal Bond / Notes Current Balance Banker's Acceptances Certificates of Deposit Current Balance Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes Current Balance Repurchase Agreements Reverse Repurchase Agreements LAW (Local Agency Investment Fund) Current Balance CAMP - Pooled Sweep Account Current Balance TOTAL DIVERSIFICATION PERCENTAGE 0.00% MAXIMUM PERCENTAGE UNLIMITED 26.43% UNLIMITED $ 12,122,147 24.28% UNLIMITED $ 11,135,437 0.27% UNLIMITED $ 125,000 0.00% 40.00% 1.25% 25.00% $ 575,000 0.00% 30.00% 0.00% 15.00% 22.52% 30.00% $ 10,326,938 0.00% UNLIMITED 0.00% 20.00% 24.87% UNLIMITED $ 11,404,801 0.37% UNLIMITED $ 167,767 100.00% $ 45,857,090 Note: Local agencies are only eligible to purchase medium term corporate notes that have a rating of "A" or better by both Moody's Investors Service, Inc., and Standard and Poor's Corporation (S & P) If a security falls below "A" by both rating agencies, then PFM Asset Management LLC will evaluate the need to sell the security prior to maturity. The CAMP Portfolio Summary and Statistics shows the credit quality held by the City's investments. `No more than 40% in any one federal agency. 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N M rn O I- O � •o M N N M M M N O a o 0 O N O N J O b O Il) O N VI N V1 N (O o In o M h M O 6 0 ¢m U M m O o w N O o a O M14 (j M 0 N M M W N¢ N¢ N J N M O C M ~ O W W J N VI f N V h N h OJ N S p a 0 0 0 V Z S c v �• V m N ~ a O O � O 1n o 0 0 0 0 N Y a N r•1 \ G m � j- O O O O O O O O o 0 0 O b O Il) O V) o In o M h M O 0 o d O O o O M14 (j M 0 M M M M 0 M M M N V h N h OJ n a ti ti ti ti ti v �• ro m �n io io O O N N m N ~ a O O � Vo_ V Q ti ti V N N C .moi O O N N r•1 \ O O o 0 0 O b O O O N O M W lNp O M h M O 0 o d O O o O M14 (j M 0 M M v 0 0 6 0 0 n O O o 0 0 0 O N O o O O O o o 0 o d O O o O 0 0 f 0 m o 6 0 0 0 6 0 0 n N V h N h OJ n a ti ti ti ti ti v �• ro m �n io io O O N N m N ~ N O O � Vo_ V Q ti ti V N N C .moi O O N N r•1 \ O O o 0 0 0 0 p o 0 o O O o o o O o p O O o O 0 0 f 0 O o 6 0 0 0 6 0 0 n N V h N h OJ d a ti ti ti ti ti v �• ro m �n io io O O N N m N ~ N O O � Vo_ V Q ti ti V �' N C .moi O O N N r•1 \ � M N 2 Ul W 2 � O VM Ol V1 V W V h �O O ti v o N n v M M N ro A w �o��� o o z o p o 0 N J N Z N N J c N O ¢m O Q F ti M N O O N M ca C M O O K O 0 w a m ro 47 Z ;3 f N< N N d N a ti ti ti ti ti v �• ro m �n io io O O N N m N ~ O O O O O O O � Vo_ V Q ti ti V �' N C .moi O O N N r•1 \ M N ro A 0 u w a m ro N N a h m O � b N ro r•1 p � M N M N ro A g N o 0 o J N f0 U V V V V1 N w w w w h J U m 01 c : O 0 N Ol N N m h W 1G M M b M U N N h O O O of N O � C 10 N Q ix W ,= n h to O t0 ip N O O O :.. 9 o N w m O^0 WN N NO M N N N Y H U m N ~ n iw ti O1 D rl O N N rt 6 O N O m b 10 10 M O N N h O H yj 1Ij H N N ry v 1h 41 N f6 N f lG N ,y VI 06 N 6 ^ r� ei N W O N 0 O O d' i0 vl O Q T Cl 0� U U A L O N ti n N N m 6 6 N N Nv O U O O O O o 0 0 o 0 O Qi o O O (n � O vi o m ro o vi 41 a N W M N N LO 0z u Q u._ m m m N N N CD M ry N Im fy N V m LU LU C O O O O UJ O a w o � F1 •' > o � N Z z ti ZN+ SO ;3 m o m o o t O) Z U K O CL O CC O ONi Y N fy: N F- ❑ O❑ Z❑ N O (JJ F O N uj a n U.1 i C (INI O O O O r U .V lL 0 t 0 m 7 'o .i m m a- rn o ti iO o � rn v m �n o m ro En En En N .C -i N .Ci In to O n O n o W CO m M V h M M Nj H m m LD W aJ W O 0 m J O m O :o O o 0 m J a m 0 :o > 0 0 a :2 > 0 O 0 a o J > O 0 a m J > O 0 a m J _ > O 0 a m J > > O 0 a m J D > O 0 a m J D _ O 0 a m J D > O 0 a m O a > d > ao - o > 9 ti N i0 WW 0 > ti W co Lr; V V d" v VI Eo L O. 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In N V M LO l O! tt N cx Lr!M O N ti r M iO ti rn N M w �- 1. m d C N E T a N v m u _ v 0 v V v w Q M u {y .n v E E i0 N J O E V Y c Q Q N O p N t O U v v p C C in E ¢ G U m m Q d EJo O m V V ami m v a m v C C � W W d d d J J J❑ 1. m d v o � C Z O T llI G r E H 0 0 ^ 0 � ti O rt rvi m Ol N a0 0 211 m cn v 6 E cn ti ti oo M �o � Y w M N t�D � @ v N T O v v vi o 0 0 O O O O O O M O 0 0 o Q p to O O O O O O rmn M O � O O C O p9j L a v a m 0 v r w o � z � z � � � Y � ._., O% y v m io a a w; No 2 L Y N 0 0 ^ N N � � O Ol N O 211 m E O � Y N � � @ v � o !p N O a � O O C O p9j L �i t] V N H n M r O OJ l0 M l0 M O l0 N OJ OJ 1� � V" N m M N O M lIl V O' O N V O l0 M V O O lA Ol l0 M M M O OJ V N Ol OCDl 11Ll M V N h l0 l0 1 rn o lfl 1p 1p Oi Ll1 Ci I!1 ltl Ill Ol Ln M M O Ol N V Vl ^ N V N t/1 M OJ rti H LD .i N z O a M ~ 0 U a O a u m Q V a n N w z V y 0 K O z w OJ o: w O~ m 3: O W D Y u G U O z p F w O U w a z r w E O w -' da' la7 O O In Ou ~a' a a w ap z o O p a a¢¢_ 4 p z m w w = 0 z m¢ Q m u V V V Iai Iwi Imi l7 m a H 0 O O O O N It H Ol M O O O O O O O O m 1� N N V � O Y N M OJ lO In Ol lO lO Ol t� _ pl 1p d' V1 lO Ol n O O h OJ N L!1 h i .6 0 0 V o L'i OJ co li rn v n v M L •> H 01 Q N � C .� V M h lO lD h M l0 O lO R I� OJ W v � l0 O O Ul M Ol d' O C O N Ih 1/1 N M Vi h O Ol N M h \O OJ M OJ OJ O M Vl O O] W WpJ �� O N �O Ol W V1 �O m M Ol N m M Ol y V l0 O Ol 1p O O1 h 01 % V M Ol c � Q � N v Y LL V Y QI r N N Ol O OJ O O m OJ Ol N NIR N N I'D lO N OM N M M L ui p OJ y ti P ti a � ti N N N M M N N M M T N FV a M O M li Ol m h N in ro V o L/1 b �o io p T M O jp OO N pl I/1 ip M M W M d; h C? 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CO >' N N O O v j = v C mN N N — — C C Mm N N ti Q _.,. O Vl O l7 O 0 O O O O O O O o y- o O O v E O O O 0 O O O O O O O a a a a a a a a a > j a a a 'v 9 'R N O -L l0 IO 70 (0 (0 l0 E o 10 10 l0 70 U b 'O -O 'O °p :2 9 n "O J a O 'O O 'O J 9 > a > 9 O O N > ^tel O a "O E _1 G OG OGCHti0C OO^YN N W O O o O W i v v v v v v v v v v v v m m m E m m m m 1O C U U U E E .'. ` 'Oo Lu f W y { Y c w?' .. - - - °— - °- - - °.-r - ti LL wm d - --, - - --, - - m 10 v O O O O O O O O O O O O O O O O O O vi 0 Agenda Date: 9/23/2014 In Control: City Council Agenda Number: 4) City of Lake Elsinore Text File File Number: ID# 14-288 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Consent Agenda File Type: Report City o/ Lake Elsinore Page 1 Printed on 911812014 CITY OF LADE , LSINORT .�M DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: SEPTEMBER 23, 2014 SUBJECT: AMENDMENT NO. 1 TO CONTRACT WITH BUREAU VERITAS FOR PLAN CHECK SERVICES Recommendation Staff recommends that the City Council: 1. Authorize the Mayor to execute Amendment No. 1 to the Bureau Veritas Professional Services Agreement (PSA) for plan check services and in the amount of $300,000 per year for additional two (2) years for a total contract amount of $900,000. Background On June 11, 2013, Council approved a (PSA) in an amount not to exceed $300,000 with Bureau Veritas for engineering plan check services. The PSA is an annual agreement with extension of the PSA for an additional year to a maximum of three years with City approval. Development activity is increasing the number of plan checks provided by Bureau Veritas and to date Bureau Veritas has been providing high-quality plan check services for the City. Discussion The City currently utilizes the Bureau Veritas plan check services at a rate of approximately $300,000 per 12 to 15 months. Due to the increasing developer plan check workload, the contract requires an amendment to authorize an additional $300,000 as budgeted in Fiscal Year 2014/15 AMENDMENT NO. 1 TO CONTRACT WITH BUREAU VERITAS SEPTEMBER 23, 2014 PAGE 2 Fiscal Impact The amendment to the PSA for plan checking services in the amount of $600,000 will be funded by developer paid fees. Sufficient funds have been approved in the Fiscal Year 2014/15 budget for this amendment. Additional funds will be requested in the Fiscal Year 2015/16 budget for the remainder of the amendment authorization. Prepared by: Walter Allison, P.E City Engineer Vince Damasse, P.E. Public Works Director Approved by: Grant M. Yates City Manager Attachments: Attachment 'A' - BV — First Amendment to Agreement between the City of Lake Elsinore and Bureau Veritas Attachment 'B' - BV — Original Agreement for Professional Services dated June 27, 2013 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BUREAU VERITAS FOR PLAN CHECK SERVICES AMENDMENT NOA is made and entered into as of September 23, 2014 by and between the City of Lake Elsinore ("City) a municipal corporation, and Bureau Veritas ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment No. 1 is made with the respect to the following facts and purposes: a. On June 27, 2013 the City and Consultant entered into that certain agreement entitled "City of Lake Elsinore for Professional Services" (the "Original Agreement") for a three (3) year term, subject to annual review by the City Council. b. The Original Agreement provided for compensation to Consultant in an amount not to exceed $300,000 for Fiscal Year 2013-14 and the parties now desire to increase the payment for services by allocating an additional $300,000 per year for Fiscal Year 2014-15 and Fiscal Year 2015-16 and amend the Agreement as set forth in this Amendment. 2. Section 2. Time of Performance of the Agreement is hereby amended to read as follows: The services of Consultant are to commence upon execution of this Agreement and, unless earlier terminated or extended as provided elsewhere in this Agreement, shall continue through June 30, 2016. 3. Section 3. Compensation of the Agreement is hereby amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed a total of $300,000 (Three Hundred Thousand Dollars and no cents) per year for the next two (2) fiscal years bringing the total contract amount to $900,000 (Nine Hundred Thousand Dollars and no Cents). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. CITY OF LAKE ELSINORE CONSULTANT Natasha Johnson - Mayor Isam Hasenin Bureau Veritas Date: Attest: Virginia Bloom, City Clerk Date: Approved as to Form: Barbara Leibold, City Attorney Date: Date: AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement")is made and entered into as of the Z day of vue, , 2013, by and between the City of Lake Elsinore, a municipal corporation ("City") and Bureau Veritas North America, Inc ("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 Engineering Department Plan Check 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 three (3) years, subject to annual review by the City Council. 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. And in no event shall Consultant's compensation exceed $300,000.00 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even If such defects were known to the City at the time of payment. 4. Method of 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 requests 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 from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services Professional Services Agreement 1 08/26/10 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. Professional Services Agreement 2 08/26/10 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).) Professional Services Agreemeall 3 08/26/10 11. Professional Abilitv 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. Consultant shall maintain a City of business license. 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. H. 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 lit -nit shall be at least twice the required occurrence limit. Professional Services Agreement 4 08/26/10 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 insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall 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. 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. Professional Services Agreement 5 08/26/10 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: Ken Seumalo 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Vi H; a'% �C". 6; X67 17Urec"t.t tli'r;'7 3 10&20 Treem 51. / SLkite 200 5c,n Oiego/ cA 82131 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. 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. Professional Services Agreement 6 08/26/10 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 shall the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") oHts 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. 27. 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. 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. Professional Services Agreement 7 08/26/10 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OFFF LAyKE] ELGpSINORE: COW L3y:.' - Grant ates, City Manager r ,i APPROVED AS TO FORM: Ba bara Z tub6ld, ity Attorney Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Professional Services Agreement 8 08/26/10 EXHIBIT "A" SCOPE OF SERVICES ProfSe"Agmt.4014.000 EXHIBIT "A" —Page 1 09/08/98 SCHEDULE OF CHARGES ProfSmAgmt4014.000 EXHIBIT "B" — Page 1 09/06/98 III. SCOPE OF WORK Scope of work is to provide As Needed, On -Call Plan Checking Engineering Services to the City Public Works Department, Engineering Division in accordance with all provisions within this RFP. These services will be on an intermittent basis. The scope of work includes engineering review and check for correctness of plans, design calculations and technical specifications related to materials for proposed improvements, development of correction lists, transmittal of correction lists to the Applicant and status updates to the City. Key resource will be latest edition of City of Lake Elsinore Engineering Design Guidelines Manual and Standard Drawings for the preparation and checking of Improvement plans, Drainage, and Grading Plans within Lake Elsinore. Meetings with the applicant may or may not be required at the option of the City and will be determined on a case by case basis. Upon approval of the submitted plans, the firm will certify in writing that the design is in substantial compliance with applicable local, state and federal requirements. Ultimate responsibility for errors and/or omissions of plans and specifications will continue to rest with the originating design firm, not the Consultant for plan checking or the City. The selected firm(s) may assist the City with various engineering assignments including but not limited to: 1. Plan Checking Services for Private Development Projects • Street and Storm Drain Improvements • Grading, Erosion Control and/or Drainage Plans • Construction Detour Plans • Striping and Signing Plans • Bridge or Retaining Wall Structures not under Building Permit purview • Consistency with other planned improvements • Final and Parcel Maps • Easement, Dedications • Vacations, Quitclaims • Lot Line Adjustments • Parcel Mergers • Water Quality Management Plans Review of Plan Check Submittal Items and Reports • Road Structural Section Calculations • Hydrology and Hydraulic Calculations and Reports • Street Layout and Design • Structure Calculations not under Building Permit purview • Traffic Reports or Studies • Quantity Estimates • Engineer's Cost Estimates • Soils/Geological Reports • Compliance With Current NPDES Permits 3. Review of Technical Specifications for Proposed Improvements in City Road Right of Way • Road Structural Section components • Trench backfill and restoration • Storm Drain line and appurtenances • Traffic Signal components • Signing and Striping 4. Work Flow Methodology • Review for completeness of submittals • Document submittal deficiencies and advise the City as necessary • Identify any additional reference materials required for a thorough plan check such as related offsite improvement plans, studies or reports. • Conduct site visit as necessary. 5. Provide other Engineering and/or Transportation related professional services as requested in the areas of Plan Checking and/or Development Review technical support. 6. Plan Check Time Initial Submittal — • For typical small private development projects with less than five plan sheets a maximum ten (10) business day turn around time is expected. • For larger more complex projects with six or more plan sheets a maximum fifteen (15) business day turn around time is expected. Subsequent Submittals / Resubmittals — • For typical small private development projects with less than five plan sheets a maximum five (5) business day turn around time is expected. • For larger more complex projects with 6 or more plan sheets a maximum ten (10) business day turn around time is expected. Turn around time will be considered to start the date when the submittal has been received by the Consultant. End time will be considered the date that the plan check comment letter is sent out to the applicant. Receipt may include hard copy or electronic mail copy. Details on procedures will be negotiated with the Consultant. Provide a "Fast Track" expedited on demand review time between 3 to 5 business days depending on complexity of project. 7. Design/Plan Check Criteria and Standards • Attachment B includes this information Suggestions by Consultant of recommended changes to current plan check policies, procedures and guidelines should be made to the City as needed to facilitate the work flow efficiency of both the City/Consultant as well as clear understanding by the private development community. 8. Fees Consultant shall fill in fully burdened rate fees for various plan check types using the form in Attachment A. The City will not pay "costs". 9. Final Submission -? 10, Develop Check List — consultant shall review and within first year. evaluate and as needed make recommendations to improve current Engineering Plan Check Criteria and Checklists. k .!�,,� n. � ti's" l ''-..� 100 Cubic Yards or $200.20 75% of City's fees Less: 101-1,000 Cubic $220.00 for the lust 100 cubic yards, plus 75% of City's fees Yards $50.00 for each additional 100 cubic 75% of City's fees $50,000-9300,00( yards or fraction thereof x 91% --------- 5%of City's fees 1,001-10,000 Cubic $670.00 for the fust 1,000 cubic yards, _ 75% of City's fees Yards: plus $50.00 for each additional 1,000 75° of City's fees $1,000,000 and cubic yards or fraction thereof x 91% 75% of Cit .'s --fees 10,001— 100,000 Cubic $1,120.00 for the first 10,000 cubic yards, 75% of City's fees Yards: plus $190.00 for each additional 10,000 cubic yards or fraction thereof x 91% 100;001— 400,000 $2,830.00 for the first 100,000 cubic 75% of City's fees Cubic Yards: yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91% Over 400,000 Cubic $6,130.00 for the fust 400,000 cubic 75% of City's fees Yards: yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91% REVISIONS to $450.00 per sheet 80% of City's fees approved plans 1-1 Per sheet charge of $,_150.00 will be required on each subsequent plan submittal over four (4) for plan check. Fast Track performance fees shall be _1.5 times those shown above. 0450,000 4.5% 75% of City's fees $50,000-9300,00( 4.0% — --------- 5%of City's fees $300,000-$700,000 3.5% —3 75% of City's fees $700,000-$1,000,000 O% 75° of City's fees $1,000,000 and 2.5% 75% of Cit .'s --fees �e4trr Revised or Redesigned Public Works Improvement Plans $450 per sheet 80% of City's fees Traffic Signing & Striping,— $450 per sheet— ^- 80%0 of City's fees -- — Traffic Control, Haul Route $1,600 $45 per 800% of City's fees Plans (as part of $430 per sffe— -- --- "' "g0%of Cziy s ees improvement plan set) Traffic Control as part of Per hour rate for _ $145 per hour oncroachmentpermit review time application (I lxl7) $400 80% of City's fees t i 1 r Public Works 7.5% 75% of City's fees Improvement Plans -Based on Engineer's Estimate Additional per sheet charge of $_,_,_150,00 wlll be required on each subsequent bond copy plan re -submittal over four (4) the above may be made on the fifth submittal for plan check. (Mylar submittal is included in the initial fee.) Fast Track performance fees shall be — 1.5 times those shown above. Fast Track is expedited, on demand with turn around time between 3 to 5 business days. r , , 'r.S' Final Tract Map $1,700 + $55 per _.� eli 80% of City's fees Parcel Map $1,600 $45 per 800% of City's fees Re ieszgne`d"frael7t eic`ei'-Maps in $430 per sffe— -- --- "' "g0%of Cziy s ees Process Revised Approved TractlParcel $450 per sheet 80% of City's fees Maps Lot Line Adjustments -Two Lots $400 80% of City's fees Oniy Lot Line Adjustment -More than $500 + $55 per lot 80% of City's fees. two lots Dedication: Easement, Right of $440 80% of City's fees Certificate of Compliance $450 80%0 of City's fees ---.-—_.._._..__...._.._...._.- Parcel Merger __-__---.___..._.-....---.__.__,._... $400 +$25 per lot Street AbandomnentrVacation $1,100 — 80% of City's fees -- Review - Exhibit D Subcontractors For this contract Bureau Veritas will perform all, plan reviews in-house, except for traffic analysis, study and report reviews, soil/geotechnical studies, and alquist priolo report reviews. Traffic reviews will be performed by our subconsultant, Rick Engineering Company, who has been our traffic plan review subconsultant for the past eight years. Rick Engineering Company provides comprehensive traffic engineering services to meet private and public sector clients. Local agency clients include the Cities of Lake Elsinore, Murrieta, San Diego, Ontario, Vista, Oceanside, Solana Beach, and Chula Vista; Counties of Riverside, San Diego, and Imperial; Caltrans; and the US. Navy. Review of soil/geotechnical and alquist priolo studies and reports will be performed by NV5. NV5 has a 10+ year history working with Bureau Veritas. They are one of the largest and best equipped independent laboratories, and has a successful track record providing geotechnical review services. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 15 155UED A5 A MAI IMM W mrurnar+nvv ..,.«. r•-....•- -• —.-_ .._ _. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT; If tiro certificate holder is an AODIn0NAI.. INSURED, the policy(icS) must be endorsed. if SUBROGATION IS WAIVED, subject to the terns and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such CTrrlorsement(s). �„•,,,,_ Risk Services Northeast, Inc, Water Street York NY 10038-3551 USA au VeritaSNorth AmeriCa, Inc. 0 Treena Street, suite 200 Diego CA 92131 USA 7122 INSURER(S7 AFFORDING COVERAGE IWURERA: AXA Insurance CorBpany _ INSURER B:�Nati OtTal UDi On fire Ins CO e{' PiltshU INSURER C: Granite State Insurance Company INSURER O: Insurance Co of the State of PA wsIJnERE: ACE Property E y Insura Casualtnce Co. NAIC R COVERAGES GER TIdE POLIC71E5 I It -ICA] OF INSUfTANCC r.: rNUMOCK: U1H"-II.,,., L o l3LLoELOW HAVL- SEEN --- iSSUED TO THE INStfRED NAMED ABOVF FOR 1'FIE POLICY PERIOD THIS3ST0 S:ER1lFY'Tt1AT TERM OR CONDITION Or ANY CONTRACT OR OT14ER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. CERTIFICATE NOTW L7HST'ANDINC ANY HEOUIREMENT, MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIfSFO HEREIN IS SUBJECT TO ALL THE TERMS, CONOUION9 OF MICH POLICIES: LIMITS GHOWN MAY HAVE BEEN REDUCED: BY PAID CLAIMS, Limits shown see as requested EXCLUSION$ AND TYPE OF INSURANCE rN, n 010 POLICY NUMBER MMIDD MMRI LIMBS EACH OCCURRENCE S1,000, 000 LTR 1 S GENERALLIARILITY GL ' 'DAFIKGEYSRr:ATED b1, 0007o00 X. COMMERCIAL GENERAL LIABILITY PREMISES fEntzunetBa _ MED E%P (Any ora petwn) $25,000 CLAIMS -MADE .00CUR PERSONAL SADV INJURY $1,000,000 GENEMLAGGREGATE 52,000,000 PRODUCTS - COMPIOP AGG $2,000,000 Or.RL AGGREGATE LIMIT APPLIES PER: POLICY X PRO % LOC�_ CA 71 7 4.. i.'. 1 04)01 14' COMBINED uSINGLE LIMT $1,000;000 a AUTOMOBILE LIABILITY BODILY INJURY(Par person) _ A05 CA 3377178 04/01/201304/01)2014 BODILY INJURV(per accWent) C X ANVAUTO MA ALL OWNED '—'SCHEDULED AUTOS AUTOS PROPERTY DAMAGE NN.WNEO HIRED AUTOS O AUTOS M00570035 04/01 2013 04/01/2014 EACH OCCURRENCE #5,000,000 E X UMBRELLA LIAR X OCCUR y AGGREGATE $5,000,000 "CESS LNB CLAIMSMADE DED RETPNTION WCO2584 3U 04 Ol 2f)1304/ lj2 i4 _ X TWORY IM_TS __ fR� _„ D WORKERS COMPENSATION AND LL.EACH ACCIDENT _.�---. $1,000,000 - EMPLOYERS' LIABILITY YIN ANY PROPaIETORIPMTNeaI ExEcuTIVE AOS WCO2 $842304 04/01/2013 04JO1J201M1 C OFFICERMEMBRREXCLUDEo9 NIA F.L. DISEAGEEA EMPLOYEE $5,000,000 (Mand.(.,• In Nil)CA Hyes, dosmbo wtdar —L EL.DISEASRPGILVLIMB^_ -"' $1, DUDO DESCRIPTIONOFOBBRATIONSMeI AfcHit&En9 Prnf SI p1J07,J2p13 U1JP11?054 Each CUallli 57.,00(1on I0(70 $1,000,(100 A applies per policy ¢m' SIRapplies p s &Condi :I ons Aggregate DESCRIPTION OF OPEENTI0114! LOCA'YItlNS / VEIIIOLL., jhflnr,HACORO , AgtllBonal Run coke aBNnBBk,Tf nraro npnso Aa wBVkntlj In SUIPd Wil) rC Pect t0 tale GNllel'al Liability and Business unit No 293MCi. City of lake El Sirlore i5 included aB AddittOFIBI The 1:nsurance provided shall be vrimiry and any other Aucnmobile insurance Llabiiity policies When maintained by 1.110 Addili roqu'ired olnl Insured by written contract. is excess and Non CGnt(Tbutory. A Waiver OF sUbr Ogatinn i5 Oraeted Ta favor oi` by UJrnpensat'ron Policies llacto t:Ire Addition ll Insured on the Gener.Tl Liability, AUTOBIObile liability includes coverage and WOrkers s Pollution for Professional Liability and Cunt" actors PDI IutT on written coma lct, The Ar chinects A mgT neers policy 1_tabl TitV. Se( dttaChed Pndorseirerl'ts, CERTIFICATE HOLDER SHOULD ANV OF THE ABOVE DESCRIBED C<XWrRE CANCELBEFORE THE XP EIRATION DATE THEREOF, NOTICE WILL BEI rENEU IN ACCORDANCE NCE WRH THE POLICY PROVISIONS. 4Ju` City of Lake Elsinore IAUTHOR.. rcerr<wcn,,.,,._ I Attn: City clerk 130 South Main Street Lake Elsinore CA Street 92530 USA a;/T" Ja f(yPfAL J 01988.2010 ACORD C§PORATION. All rights reserved, ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD W�y ,R l RE: 2013 Renewal Certificates of Insurance Policy Period:, 04/01/2013 to 04/01/20-14 Dear Certificate Holder: We are pleased to provide you with the renewal Certificate of Insurance for subject policy period. This evidence of insurance is provided to you on behalf of Bureau Veritas North America, Inc. (BVNA), TH Hill Associates, Inc., National Elevator Inspection Services, Inc. (HEIS) and OneCI.S', hie. If evidence of coverage is no longer required, please write "CANCEL" across the face of the Certificate and fax it to: Stephen Pechloffat 1-800-363-0105. PLEASE NOTE: Direct any other requests concerning certificates of insurance to your insured contact not to Aon Risk Services. Best Regards, Stephen Pechloff Senior Client Specialist Aon Risk Solutions i Agenda Date: 9/23/2014 In Control: City Council Agenda Number: 5) City of Lake Elsinore Text File File Number: ID# 14-289 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.ory Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 911812014 CITY OF^ LAKE LSIROKE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: SEPTEMBER 23, 2014 SUBJECT: AMENDMENT NO. 1 TO CONTRACT WITH WILLDAN FOR PLAN CHECK SERVICES Recommendation Staff recommends that the City Council: 1. Authorize the Mayor to execute Amendment No. 1 to Willdan's Professional Services Agreement (PSA) for plan check services and in the amount of $300,000 per year for an additional two (2) years, for a total contract amount of $900,000. 2. Appropriate an additional $300,000 of Public Works Professional Services funds for the PSA as a supplement to the funds programmed in the General Fund for FY2014/15. Backaround On June 11, 2013, Council approved a PSA in an amount not to exceed $300,000 with Willdan for engineering plan check services. The PSA is an annual agreement with extension of the PSA for an additional year to a maximum of three years with City approval. Development activity is increasing and the number of plan checks provided by Willdan is also increasing. Willdan is providing high-quality plan check services for the City. Discussion The City currently utilizes the Bureau Veritas plan check services at a rate of approximately $300,000 per 12 to 15 months. Due to the increasing developer plan AMENDMENT NO. 1 TO CONTRACT WITH WILLDAN SEPTEMBER 23, 2014 PAGE 2 check workload, the contract requires an amendment to authorize an additional $300,000 as budgeted in Fiscal Year 2014/15. Fiscal Impact The amendment to the PSA for plan checking services in the amount of $600,000 will be funded by developer paid fees. Sufficient funds have been approved in the Fiscal Year 2014/15 budget for this amendment. Additional funds will be requested in the Fiscal Year 2015/16 budget for the remainder of the amendment authorization. Prepared by: Walter Allison, P.E. City Engineer Vince Damasse, P.E. Public Works Director Approved by: Grant M. Yates City Manager Attachments: Attachment'A' - WILLDAN —Amendment No. 1 to Agreement between the City of Lake Elsinore and Willdan Attachment 'B' - WILLDAN — Original Agreement for Professional Services dated June 27, 2013 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND WILLDAN FOR PLAN CHECK SERVICES AMENDMENT NO.1 is made and entered into as of September 23, 2014 by and between the City of Lake Elsinore ("City) a municipal corporation, and Willdan ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment No. 1 is made with the respect to the following facts and purposes: a. On June 27, 2013 the City and Consultant entered into that certain agreement entitled "City of Lake Elsinore for Professional Services" (the "Original Agreement') for a three (3) year term, subject to annual review by the City Council. b. The Original Agreement provided for compensation to Consultant in an amount not to exceed $300,000 for Fiscal Year 2013-14 and the parties now desire to increase the payment for services by allocating an additional $300,000 per year for Fiscal Year 2014-15 and Fiscal Year 2015-16 and amend the Agreement as set forth in this Amendment. 2. Section 2. Time of Performance of the Agreement is hereby amended to read as follows: The services of Consultant are to commence upon execution of this Agreement and, unless earlier terminated or extended as provided elsewhere in this Agreement, shall continue through June 30, 2016. Section 3. Compensation of the Agreement is hereby amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed a total of $300,000 (Three Hundred Thousand Dollars and no cents) per year for the next two (2) fiscal years bringing the total contract amount to $900,000 (Nine Hundred Thousand Dollars and no Cents). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. CITY OF LAKE ELSINORE CONSULTANT Natasha Johnson - Mayor Date: Attest: rginia Bloom, City Clerk Date: Approved as to Form: Barbara Leibold, City Attorney Date: Kenneth C Taylor, PE Director of Engineering Willdan Date: AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement")is made and entered into as of the k_ day 2013, by and between the City of Lake Elsinore, a municipal corporation ("City") and Willdan Engineering ("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 Engineering Department Plan Check 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 three (3) years, subject to annual review by the City Council. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B as the "Accepted Fee" and other fee information was submitted as Attachment A to Consultant's proposal, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation under this Agreement exceed, in any Fiscal Year, the allocation for such plan check services approved by the City Council, For Fiscal Year 2013-14, Consultant's compensation under this Agreement shall not exceed Three Hundred Thousand Dollars ($300,000.00) without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of 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 requests 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. Willdan Consultant Agreement 071213.doc 1 Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the 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 riot 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. Willdan Consultant Agreement 071213.doc 2 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).) Willdan Consultant Agreement 071213.doc 3 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. Consultant shall maintain a City of business license. 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, pertaining to or relating to Consultant's negligence, recklessness or willful misconduct in 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. 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. Willdan Consultant Agreement 071213.doc 4 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 ANII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall 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. 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. Willdan Consultant Agreement 071213.doc 5 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: Willdan Engineering Attw Johnny T. Ghazal, P.E. 650 Hospitality Lane, Suite 250 San Bernardino, CA 92408 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. 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. Willdan Consultant Agreement 071213.doc 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 shall the costs of mediation equally. It 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. 27. 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. 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. Willdan Consultant Agreement 071213.doc 7 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: f" Grant M Yat11s, City Manager l/, ATT ST: A,"z )t tm,�=2 Virginia loom, i Clerk APPROVED AS TO FORM: A �Isa z�, BargWri'2-Liel3oldjuity Attorney ei Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Willdan Consultant Agreement 071213.doc 8 WILLDAN ENGINEERING: By: �v�lt L - z —e— Name: /fir vv r r 1 �raoly Title: Dln<ron ofuGi✓aSfn Business License # EXHIBIT "A" SCOPE OF SERVICES ProlServAgnu.4014.000 EXHIBIT "A" —Page 1 09/08/98 Ill. SCOPE OF WORK Scope of work is to provide As Needed, On -Call Plan Checking Engineering Services to the City Public Works Department, Engineering Division in accordance with all provisions within this RFP. These services will be on an intermittent basis. The scope of work includes engineering review and check for correctness of plans, design calculations and technical specifications related to materials for proposed improvements, development of correction lists, transmittal of correction lists to the Applicant and status updates to the City. Key resource will be latest edition of City of Lake Elsinore Engineering Design Guidelines Manual and Standard Drawings for the preparation and checking of Improvement plans, Drainage, and Grading Plans within Lake Elsinore. Meetings with the applicant may or may not be required at the option of the City and will be determined on a case by case basis. Upon approval of the submitted plans, the firm will certify in writing that the design is in substantial compliance with applicable local, state and federal requirements. Ultimate responsibility for errors and/or omissions of plans and specifications will continue to rest with the originating design firm, not the Consultant for plan checking or the City. The selected firm(s) may assist the City with various engineering assignments including but not limited to: Plan Checking Services for Private Development Projects • Street and Storm Drain Improvements • Grading, Erosion Control and/or Drainage Plans • Construction Detour Plans • Striping and Signing Plans • Bridge or Retaining Wall Structures not under Building Permit purview • Consistency with other planned improvements • Final and Parcel Maps • Easement, Dedications • Vacations, Quitclaims • Lot Line Adjustments • Parcel Mergers • Water Quality Management Plans 2. Review of Plan Check Submittal Items and Reports • Road Structural Section Calculations • Hydrology and Hydraulic Calculations and Reports • Street Layout and Design • Structure Calculations not under Building Permit purview • Traffic Reports or Studies • Quantity Estimates • Engineer's Cost Estimates • Soils/Geological Reports • Compliance With Current NPDES Permits 3. Review of Technical Specifications for Proposed Improvements in City Road Right of Way • Road Structural Section components • Trench backfill and restoration • Storm Drain line and appurtenances • Traffic Signal components • Signing and Striping 4. Work Flow Methodology • Review for completeness of submittals • Document submittal deficiencies and advise the City as necessary • Identify any additional reference materials required for a thorough plan check such as related offsite improvement plans, studies or reports. Conduct site visit as necessary. 5. Provide other Engineering and/or Transportation related professional services as requested in the areas of Plan Checking and/or Development Review technical support. 6. Plan Check Time Initial Submittal — • For typical small private development projects with less than five plan sheets a maximum ten (10) business day turn around time is expected. • For larger more complex projects with six or more plan sheets a maximum fifteen (15) business day turn around time is expected. Subsequent Submittals / Resubmittals — • For typical small private development projects with less than five plan sheets a maximum five (5) business day turn around time is expected. • For larger more complex projects with 6 or more plan sheets a maximum ten (10) business day turn around time is expected. Turn around time will be considered to start the date when the submittal has been received by the Consultant. End time will be considered the date that the plan check comment letter is sent out to the applicant. Receipt may include hard copy or electronic mail copy. Details on procedures will be negotiated with the Consultant. Provide a "Fast Track" expedited on demand review time between 3 to 5 business days depending on complexity of project. 7. Design/Plan Check Criteria and Standards • Attachment B includes this information Suggestions by Consultant of recommended changes to current plan check policies, procedures and guidelines should be made to the City as needed to facilitate the work flow efficiency of both the City/Consultant as well as clear understanding by the private development community. 8. Fees Consultant shall fill in fully burdened rate fees for various plan check types using the form in Attachment A. The City will not pay 'costs". - t,omment (Im ? P chmcal Specif anions for Signing R smpmg? 9. Final Submission — Mylar submission to City Hall 10, Develop Check List — consultant shall review and within first year, evaluate and as needed make recommendations to improve current Engineering Plan Check Criteria and Checklists. EXHIBIT "B" SCHEDULE OF CHARGES ProfSeivAgmc4014.000 EXHIBIT "B" —Page 1 09/08/98 June 4"i, 2013 Willdan Engineering Attn: Kenneth Taylor 650 East Hospitality Lane, Suite 250 San Bernardino, CA 92408-3317 Hello Mr. Taylor, The City of Lake Elsinore has selected your firm from the response submitted to the City's RFP for Plan Checking Services. Staff would like to present your agreement to City Council for approval on June 11th, 2013, pending your approval of the attached fee schedule. A "Kick Off' meeting has been tentatively scheduled for June 27th, 2013. Please feel free to email a response at your earliest convenience. Thank you, Dina Purvis Engineering Technician City of Lake Elsinore 130 S Main Street Lake Elsinore, CA 92530 dpurvis@lake-elsinore.org CUBIC YARDS CURRENT CITY GRADING PLAN ACCEPTED P'F.E 0-$50,000 $50,000-$300,000 CFIECK FBr.4 75% of City's fees 75% of City's fees __. _.._.-- 100 Cubic Yards or $200.20 75% of City's fees Less: 3.0% 75%ofCity's loes 16-17: 1,600 Cubic $220.00 for the first 100 cubic yards, plus 75% of City's fees Yards $50.00 for each additional 100 cubic yards or fraction thereof x 91 % 001 - 10,000 Cubic $670.00 for the first 1,000 cubic yards, 75% of City's fees Yards: plus $50.00 for each additional 1,000 cubic yards or fraction thereof x 91 % 0,001- 100,000 Cubic $1,120.00 for 0te first 10,000 cubic yards, 75% of City's fees Yards: plus $190.00 for each additional 10,000 cubic yards or fraction thereof x 91% 100,001 -400,000 $2,830.00 for the fast 100,000 cubic 7S% of City's fees Cubic Yards: yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91% Over 400,000 Cubic $6,130.00 for the first 400,000 cubic 75% of City's fees Yards: yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91% RCVISIONS to $450.00 per sheet 80% of City's fees approved plans Per sheet charge of $150.00 will be required on each subsequent plan submittal over four (4) for plan check. Fast Track performance fees shall be _1.5 times those shown above. SUBDIVISIONS /COMMERICAL CURRENT CITY PLAN CHECK PEES ACCEPTED FEE 0-$50,000 $50,000-$300,000 4.5% 4.0% 75% of City's fees 75% of City's fees __. _.._.-- $300,0004700,000 _....-..- 3.5% _ 75% of Cil s fees -- $700,000-$1,000,000 3.0% 75%ofCity's loes --- - $1,000,000and ..... _.... 2S% —_ ...... ._...... --- 75% of City's fees .--.. _—._... ... _...... --------- .....- Revised or Redesigned Public Works Improvement Plans $450 per sheet 80% of city's fees Traffic Signing & Striping, $450 per sheet 80% of City's fees Traffic Control, Haul Route ZEES Plans (as part of 7.5% 75% of City's fees improvement plan set) $1,600 1- $45 per 80%° of City's fees Traffic Control as part of Per hour rate for $145 per hour encroachment permit review time application (I Ix17) $450 per sheet 80% of City's fees NONSUBDIY,6SION: " CURRENT UTY LIST PROPOSED BELOW SINGLE FAMILY I'LAN CHECK RESIDENTIAL. ZEES Public Works 7.5% 75% of City's fees Improvement Plans -Based $1,600 1- $45 per 80%° of City's fees on Fri ineer's Fstimate $450 per sheet 80% of City's fees Additional per sheet charge of $_150.00 will be required on each subsequent bond copy plan re -submittal over four (4) the above may be made on the fifth submittal for plan check. (Mylar submittal is included in the initial fee.) Fast Track performance fees shall be _1.5 times those shown above. Fast Track is expedited, on demand with turn around time between 3 to 5 business days. OTHER PLANCHECKS CURRENT CITY LIST -I ROPOSL'D SE/,o13� = PLAN CHECK. I-rES Final Tract Map $1,7001- $55 per 80%of' City's fees ------ Parcel Map $1,600 1- $45 per 80%° of City's fees Redesigned'I'ract/Parcel Maps in $450 per sheet 80% of City's fees Process Revised Approved Tract/Parcel $450 per sheet 80% of City's fees Maps Lot ] -in Adjusbnents-Two Lotti $400 80% of City's fees Lot tine Adjustment -Mole than $500 1 $55 per lot 80% of City's fees two lots - _ - Dedication_: Uascirient, Right of' $440 -- 80%of(ttys fees CertifiicateofCompliance $450 80% of City's fees Parcel Merger - $400 +;$25 per lot - -- -- -- ._. -...__-- 80% of City's fees St, cc( Abandonntent/Vacatioil $1,100 80% of City's fees Exhibit D Subcontractors For this contract Bureau Veritas will perform all plan reviews in-house, except for traffic analysis, study and report reviews, soil/geotechnical studies, and alquist priolo report reviews. Traffic reviews will be performed by our subconsultant, Rick Engineering Company, who has been our traffic plan review subconsultant for the past eight years. Rick Engineering Company provides comprehensive traffic engineering services to meet private and public sector clients. Local agency clients include the Cities of Lake Elsinore, Murrieta, San Diego, Ontario, Vista, Oceanside, Solana Beach, and Chula Vista; Counties of Riverside, San Diego, and Imperial; Caltrans; and the US. Navy. Review of soil/geotechnical and alquist priolo studies and reports will be performed by NV5. NV5 has a 10+ year history working with Bureau Veritas. They are one of the largest and best equipped independent laboratories, and has a successful track record providing geotechnical review services. �•,h �; wllti�iY�, Agenda Date: 9/23/2014 In Control: City Council Agenda Number: 6) City of Lake Elsinore Text File File Number: ID# 14-290 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w Jake-elsinore.org Status: Consent Agenda File Type: Report City o/ Lake Elsinore Page 1 Printed on 9/18/2014 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: SEPTEMBER 23, 2014 SUBJECT: APPROVAL OF FINAL MAP 31920-8, RYLAND HOMES Recommendations 1. Approve Final Map No. 31920-8 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 31920-8. 3. That the City Council authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Background Proposed Final Map No. 31920-8 consists of 64 residential lots in the Summerly Community located West of Diamond Drive and across from the Golf Course Clubhouse. The proposed streets will be public and the landscaping maintenance will be provided by the HOA. All future improvements have been secured. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 31920-8 and that all Conditions of Approval relative to the Final Map approval have been completed. Fiscal Impact 10MM Final Map No 31920-8 September 23, 2014 Page 2 of 2 Prepared by: Dina Purvis Senior Engineering Technician Walter Allison, P.E. Principal Engineer Vince Damasse, P.E. Public Works Director Approved by: Grant Yates City Manager Attachment: Ryland Homes Construction Agreement Ryland Homes Vicinity Map Ryland Homes Final Map Index AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned Ryland Homes of California Inc. a Delaware Corporation whose business address is 49 Discovery Suite 250 Irvine CA 92618 herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as TR 31920-8 which map was prepared by Wilson Mikami ; and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, hereinafter collectively referred to as "said ordinance", and, WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW, THEREFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, which work and improvements, without limitation by enumeration, consists of: Monumentation The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety, provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10%) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided, further, in no event shall such change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension U: AengiVCmrre=_ponde��CeA'PR 31920-8ARyland Homes\Final MapACoristructi on Agreement. doc 1 of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so, he shall promptly perform such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore. Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the U: Aengr VCo nrespondence VFR 31920-8\Ryland Homes\Final MapAConstruction Agreement.doc 2 performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at any time after any such default, the City may make written demand upon the Subdivider and surety to immediately remedy the default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty (120) days after the making of such demand (or such other time as may be contained in said demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required, all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements, and whether or not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the amount of Twenty One Thousand and One Hundred Dollars ($ 21 100.00) to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of Twenty One Thousand and One Hundred Dollars ($ 21 100.00) to guarantee payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a surety bond (corporate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall be atthe expense U:AengrVCorrespondenceATR 31.920-8\Ryland Homes\final MapVConstruction Agreement. do 3 of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs may be erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this day of 20_ SIGNED: (Type Nameffitle) FOR: of Company on above line) CITY OF LAKE ELSINORE M ATTEST: Virginia J Bloom, City Clerk CITY OF LAKE ELSINORE Grant M Yates, City Manager CITY OF LAKE ELSINORE 0:Aengi:ACorresponder,CcATR 3L930-8\Ryland Hames\Final NapVConstructioil Agreement. doC 4 VICINITY MAP oT nil' — rPACT JNC), 3-1920--1 1VLB. MALAGA ROAD GRAPHIC 200 0 100 200 Agenda Date: In Control: City Council Agenda Number: 7) City of Lake Elsinore Text File File Number: ID# 14-291 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Consent Agenda File Type: Repoli City o/ Lake Elsinore Page 1 Printed on 911812014 CITY OF LflI�E LSIf10RE DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: SEPTEMBER 23, 2014 SUBJECT: GENERAL STREET VACATION FOR STREET RIGHT-OF-WAY AND PORTIONS OF PUBLIC UTILITY EASEMENTS ADJACENT TO LOT 'H' (OBARIA WAY) AND LOT `R' (HERMOSA DRIVE) WITHIN TRACT 36115-1 Recommendations Staff recommends that the City Council: Set a public hearing for October 14, 2014 for consideration of the proposed vacation or portions of Lot H (Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements within Tract 36115-1. Background Pardee Homes is requesting a vacation of portions of street rights of way and public utility easement in conjunction with extension and re -alignment of Obaria Way and Hermosa Drive. These streets are being re -aligned to provide access to the property east of Tract 36115-1. The general vacation of right-of-way and public utility easements consists of portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive). Lot Line Adjustments have been submitted to re -align the lots lines adjacent to Obaria Way and Hermosa Drive in the affected areas. General Street Vacation for Lot'H' and Lot'R' within Tract Map No. 36115-1 September 23, 2014 Page 2 Discussion Pardee Homes is requesting to re -align and extend Obaria Way and Hermosa Drive to provide access to the property east of Tract 36115-1. This action will provide improved access to this property east of Tract 36115-1, thus improving circulation. The general vacation segments are excess right-of-way once the future street dedication is accepted. On September 2, 2014, the Planning Commission adopted PC Resolution No. 2014-039 finding that the proposed vacation conforms to the City's General Plan Circulation Element. A copy of PC Resolution No. 2014-039 is attached. In order to complete the process of vacating a the right-of-way, a public hearing must be set. Staff proposes October 14, 2014 for the public hearing. Fiscal Impact There is no fiscal impact with the proposed vacation of street right of way. Prepared by: Walter Allison Principle Engineer Approved by: Vince Damasse Director of Public Works Approved by: Grant M. Yates City Manager Attachments: TR 36115-1 Street Vacation Legal Description TR 36115-1 Street Vacation Vicinity Map TR 36115-1 Street Vacation Plat Map TR 36115-1 Street Vacation Planning Commission Resolution 2014-39 approved September 2, 2014 EXHIBIT "A" SHEET 1 OF 2 LEGAL DESCRIPTION VACATION OF STREET RIGHT OF WAY PORTIONS OF LOTH' AND LOT 'R', OF TRACT NO. 36115-1, M.B. 43913-12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. PARCEL A: Being a portion of Lot'R', of Tract Map 36115-1, in the City of Lake Elsinore, filed in Map Book 439, Pages 3 through 12, of Maps, inclusive, Records of Riverside County, California, described as follows: Beginning at the southwest corner of Lot 44 of said Tract No. 36115-1; Thence, along the westerly line of said Lot 44, North 8002'38" West 25.44 feet to the beginning of a tangent curve concave northeasterly having a radius of 105.00 feet; thence northerly 27.62 feet, along said curve and said westerly line, through a central angle of 15°04'09" to the beginning of a curve in the westerly line of said lot 44, concave easterly having a radius of 275.00 feet; thence southerly, on the southerly prolongation of said curve 26.24 feet, along said curve, through a central angle of 5°28'04'; thence tangent from said curve South 1'33'26" West 31.93 feet; thence South 43043'35" East 12.55 feet to a point in the westerly line of Lot 45 of said Tract No. 36115-1, said point also being the most northerly corner of the land described in a Grant Deed, recorded 6/25/2014 as DOC # 2014-0233815, of Official Records of said County; thence. Along the westerly line of said Lot 45, North 8°02'38" West I Reserving therefrom an easement, 5.00 feet wide for public utility and water purposes as shown on Exhibit 'B'. Contains 201 Sq. Ft. or 0.005 acres, more or less. Being a portion of Lot'H', of Tract Map 36115-1, in the City of Lake Elsinore, filed in Map Book 439, Pages 3 through 12, of Maps, inclusive, Records of Riverside County, California, described as follows: Commencing at the northwest corner of Lot 49 of said Tract No. 36115-1; thence along the northerly line of said Lot 49 South 89°00'36" East 45.75 feet to the True Point of Beginning; thence, continuing along the easterly prolongation of the northerly line of said Lot 49, South 89000'36" East 105.24 feet to a point in the northerly line of Lot 47 of said Tract No. 36115-1, said point being on a non -tangent curve concave northerly having a radius of 65.00 feet, a radial line to said point bears South 31°12'51" East, said point also being the most southwesterly corner of the land described in a Grant Deed, recorded 6/25/2014 as DOC # 2014-0233815, of Official Records of said County; thence westerly 48.15 feet along said curve through a central angle of 42°26'28"; thence tangent from 1':\08-6194-21 TTM 36115 A Ph 7 - Pardee Homes\Ca16l:.egn1 Descrlptions\MALD-342 R -W VACATION\RW-PUE VACATION [MALI) 3423 Shf M dn' SHEET 2 OF 2 said curve North 78046'23" West 41.04 feet to a tangent curve concave southerly having a radius of 105.00 feet; thence westerly 18.76 feet along said curve through a central angle of 10°14'13" to the True Point of Beginning. Reserving therefrom an easement, 5.00 feet wide for public utility and water purposes as shown on Exhibit 'B'. Contains 571 Sq. Ft. or 0.013 acres, more or less. PARCEL C: Being a portion of Lot'H', of Tract No. 36115-1, in the City of Lake Elsinore, filed in Map Book 439, Pages 3 through 12, of Maps, inclusive, Records of Riverside County, California, described as follows: Beginning at the most southeasterly corner along the southerly line of Lot 70 of said Tract 36115-1; Thence, along the southeasterly line of said Lot 70 North 46016'25" East 49.39 feet to the easterly line of said Lot 70; Thence, along the southerly prolongation of the easterly line of said Lot 70, South 1033'26" West 9.90 feet; Thence 46016'25" West 35.32 feet to the easterly prolongation of the southerly line of said Lot 70; thence, along said prolongation of the southerly line, South North 89000'36" West 9-90 feet to the Point of Beginning. Reserving therefrom an easement, 5.00 feet wide for public utility and water purposes as shown on Exhibit 'B'. Contains 295 Sq. Ft. or 0.007 acres, more or less. All of the above as shown on Exhibit "B" attached hereto and by this reference made a part hereof. GERALD R. ANDERSON, L.S. 4400 LICENSE EXPIRES: SEPTEMBER 30, 2015 [MALD-3421 Exp. 09I30H5 No. 4400 SITE PLAN - VICINITY MAP VACATION OF RIGHT OF WAY OBARIA WAY & HERMOSA DRIE OWNERS EXISTING PARCELS PROPOSED PARCELS ASSESSOR'S PARCEL NO. REFERENCE NUMBER PARDEE HOMES LOT'70', TR. NO. 36115-1, MB 439 / 3 - 12 _ PARCEL 1 358-601-001 PARDEE HOMES _.._-._-- LOT 47, TR. NO. 36115-1, M_ B 439 / 3 - 12 _ PARCEL 2 3_58_-600-011 PARDEE HOMES LOT 48, TR. NO. 36115-1, MB 439 / 3 - 12 PARCEL 3 358-600-012 _ PARDEE HOMES LOT_ 49, TR. NO. 36115-1, MB 439 / 3 -12 PARCEL 4 358-600-013 PARDEE HOMES LOT 44, TR,,_NO. 36115-1, MB 439 / 3 -12 PARCEL 5 3.5_8-600-008 / rrL 74 SITE LOCATION CANYON HILLS RD NQEWPORT RD 15 H CANYON � 215 NILLS RO D� IiILISIDE DR. y'C �O RD SCOTT RD —^ COTTONWOOD BUNDY CYN. COTTO CLINTON KEITH RD N VICINITY MAP NOT TO SCALE AREA OF RIGHT OF WAY go ism ■ ft 0 o I VACATIONS o Q Lu a �Q PORTIONS LOTS'R' &'H' r? a pARCELI RIGHT OF WAY VACATION PARCEL5_ — — .rr,utoonicnnax- d ..--- -- r LOT Tog' HTOFOBARIA WAY RIDOC#201J4-Y- l RIGHT OFWAY -� VACATION 02336\, O.R. 1 O UUjj a'3 �4® e'T �10 474oi PARCEL PARCEL 3PARCEL 2 �\ 43015 VICINITY MAP NOT TO SCALE CORSON AVENUE (LDY P o '� � MALLA-045 n 0 O v EXHIBIT "B" SHEET IOF4 VACATION OF STREET RIGHT OF WAY AND P.U.E. PORTIONS OF LOTHAND LOT 'R', TRACT NO. 36115-1, M.B. 439 / 3-12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. 5' P.U.E. DEDICATION PER M.B. 439 13-12 " O DEDICATION FOR STREET AND PUBLIC UTILITY PURPOSES & © DEDICATION FOR PUBLIC UTILITIES AND WATER PURPOSES PER DOC # 2014-0233815, O.R. a m VACATION OF RIGHT OF WAY m & RESERVATION OF P.U.E. o PARCEL C ui g SEE SHEET 4 j a 700 APM 369-80T-01 / 25' LL zw ofF- a a05w �a 1.04 O8"OY38" VACH I7UN'UI- ✓- P.U.E. & WATER EASEMENT \�ZSP.U.E. DEDICATION 40 PER M.B. 439 / 3.12 G^QL°�; 33�itt�3�'60000�'83' ''f� APR 6000-1 BASIS OF BEARINGS: 5' P.U.E. DEDICATION 5' PER M.B. 439 / 3-12 VACATION OF RIGHT OF WAY - PARCEL A SEE SHEET 2 44 APGiI° 1950=0000=003 TuG-A6"�n7e �3g✓8�=G00=00 S 89'0936'E OF S89°00'30'E 159.11, 92' -- -- -F f/ — 47 APR 0501 600-% THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 7, AS PER TRACT 36115-1-1, M.B. 439/2-13, N 89°52'04" W. PARCEL B SEE SHEET 3 4Is APR aus 00=1100 n io N LEGEND: P.O.B. = TRUE POINT OF BEGINNING ❑ VACATION AREA 19 Spectrum Pointe Drive • Suite 609 - Lake Forest, CA 92630 (949) 599-0870 (949) 599-0880 Fax YERS & ASSOCIATES G z Civil EX1g711ecring, I11C. GERALD R. ANDERSON, L. S. 4400 PLANNING • ENGINEERING-. SURVEYING MYLICENSE EXPIRES SEPT 30, 2015 [MALD-3421 Vpm so o HOZ 7p =xp. 09/30/2015 No. 4400 \P OFCA, 0 OBARIA WAY LOT Q RESERVATION OF P.U.E & WT. ES. N E -55-2- VACH I7UN'UI- ✓- P.U.E. & WATER EASEMENT \�ZSP.U.E. DEDICATION 40 PER M.B. 439 / 3.12 G^QL°�; 33�itt�3�'60000�'83' ''f� APR 6000-1 BASIS OF BEARINGS: 5' P.U.E. DEDICATION 5' PER M.B. 439 / 3-12 VACATION OF RIGHT OF WAY - PARCEL A SEE SHEET 2 44 APGiI° 1950=0000=003 TuG-A6"�n7e �3g✓8�=G00=00 S 89'0936'E OF S89°00'30'E 159.11, 92' -- -- -F f/ — 47 APR 0501 600-% THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 7, AS PER TRACT 36115-1-1, M.B. 439/2-13, N 89°52'04" W. PARCEL B SEE SHEET 3 4Is APR aus 00=1100 n io N LEGEND: P.O.B. = TRUE POINT OF BEGINNING ❑ VACATION AREA 19 Spectrum Pointe Drive • Suite 609 - Lake Forest, CA 92630 (949) 599-0870 (949) 599-0880 Fax YERS & ASSOCIATES G z Civil EX1g711ecring, I11C. GERALD R. ANDERSON, L. S. 4400 PLANNING • ENGINEERING-. SURVEYING MYLICENSE EXPIRES SEPT 30, 2015 [MALD-3421 Vpm so o HOZ 7p =xp. 09/30/2015 No. 4400 \P OFCA, 0 EXHIBIT "B" VACATION OF STREET RIGHT OF WAY PORTION OF LOT'R', TRACT NO. 36115-1, M.B. 43913-12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. 25' 5` 1 Uj N 2 LU z 25' M o Q ir 5' N 08002'38" W — :;t 1.04' dQO oW N VACATION OF m N c LL o� N N r Z W 1 O� ` W CO3 wa t- 5' N 08002'38" W — :;t 1.04' dQO oW N VACATION OF m P.U.E. & WATER c EASEMENT 0) 5' P.U.E. DEDICATION PER M.B. 43913-12 A=1042'18" 5t1- baa' sato-1 L=8.18' AS 1 NPI 026'45"W 0 A=1 31'44" L=7.34' �'` N82°58'30"w I 6W--- �1 A=15.04'09" R=105.00' 1 L=27.62' j'. , , I ' , v ` s 1; 1, P.O.B. N 8905659" E SHEET OF S 89065'59" W 113.74' PARCEL A 5. _-- VACATION OF 44 Apao'T58450000=09 N 89055'59" E 113.80' P.U.E. & WATER 45 r�0 EASEMENT APR 350-000-00g 6%013"999 ---- \i — _— S 8-9'0-0'36—"E 109.24' 19 Spectrum Pointe Drive - Suite 609 Lake Forest, CA 92630 (949) 599-0870 (949) 599-0880 Fax YERS & ASSOCIATES Civil Engineering, Inc. PLANNING • ENGINEERING • SURVEYING DEDICATION PER DOC# 2014-0233815, O.R.- OBARIA WAY LEGEND: P.O.B. = POINT OF BEGINNING E] VACATION OF RIGHT OF WAY AREA [MALD-342) EXHIBIT w"Bwf SHEET 3 OF 4 VACATION OF STREET RIGHT OF WAY PORTION OF LOT'H', TRACT NO. 36115-1, M.B. 439 / 3-12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. RESERVATION OF P.U.E & WT. ES< f ��. ���� PARCEL B 0 a ;` N OBARiA WAY"- CY LOT IN, v � � \ N 00°5924" E P /% P,O,C, 0.97' „ 0 159.92' "S 89°00'36" E N 14.25' N 02°00 09 W `cs /DEDICATION PER T L�� DOC# 2014.0233815,O.R. S89 0045.75' 5 89°00'36" E 105.24' N 89°00'36" W 155.27' (� A=7'48'04"'48'04 =1 / \ I L=14.30' it o i- A v -,- ; D=10014'13" ; Lu R=105.00' w ,r o M ' L=18,76'Ld v' O a w e,�4 W m t W 0 N z' 0 z 40J°� 50 APK- S66=300 -V3 N 8905559" E ^ 60.01' 0=2°26'09" L=4.46 A=13°13'40"/� to L=15.01'' �o �o o'o i ,m Q6 APX 300-00000-'M I L=33.14' QO =42°26'28" R=65.00' VACATION X�� L=48.15' P.U.E. & WATER EASEMENT ? Z � N A CS ° woo II W W a�7 APNnIe 3�6 �00�99 N 89°55'59" E 65.73' CORSON AVENUE 19 Spectrum Pointe Drive - Suite 609 Lake Torest, CA 92630 (949)599-0870 (949) 599-0880 Fax YERS .& ASSOCIATES Civil Engineering, Inc. PLANNING • ENGINEERING • SURVEYING N 89055'59" E 118.86' LEGEND: P.O.C. =POINT OF COMMENCMENT T.P.O.B. = TRUE POINT OF BEGINNING ❑ VACATION OF RIGHT OF WAY AREA [MALD-3421 EXHIBIT "B" VACATION OF STREET RIGHT OF WAY AND P.U.E. PORTION OF LOT'H', TRACT NO, 36115-1, M.B. 439/3-12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. LU 9033 PER M.B. 439/3-1 _ 2 0 1 p0, �699� 9 43 S 89°80'36" E 83.67' 25, 26' Z F, N 09°36'14" E k-- DEDICATION FOR STREET Q N N 629' Aoi q m Q AND PUBLIC UTILITY N8 90 W 9 '3ti 6 —43.07' — 0• .yhv^6`ti 52.9T N 89°00'36" RESERVATION OF '.U.E &WATER ES. OBARIA WAY _ LOOT W SHEET 4 OF 4 V) d 'd 0 O I PER DOC # 2014-0233815, O.R. o rn i UTILITIES AND WATER PURPOSES /aG�GI dsE3��0�=09 I o uJ w yah ui g VACATION OF y Mm RIGHT OF 1� n �992 mW ow n: Lb Co a o PARCEL N8 90 W 9 '3ti 6 —43.07' — 0• .yhv^6`ti 52.9T N 89°00'36" RESERVATION OF '.U.E &WATER ES. OBARIA WAY _ LOOT W SHEET 4 OF 4 V) PURPOSES O I PER DOC # 2014-0233815, O.R. II DEDICATION FOR PUBLIC i UTILITIES AND WATER PURPOSES i PER DOC # 2014-0233815. Q.R. 44 00 N8----2"�. d 1..W -��� (RAD) r.ej, r � 5 89°00'36" E I 109.24' 1� n �992 89°00'36" E 15 -5' P.U.E. DEDICATIONI 4O PER M.B. 439 / 3-12 I 10 19 Spectrum Pointe Drive - Suite 609 Lake Forest, CA 92630 (949)599-0870 (949)599-0880 Fax YERS & ASSOCIATES Civil Engineering, Inc. PLANNING - LNGINEMR.ING - SURVEYING I LEGEND: P.O.B. = POINT OF BEGINNING VACATION OF RIGHT OF WAY AREA [MALD-3421 RESOLUTION NO. 2014- 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 GENERAL VACATION FOR STREET RIGHT-OF-WAY AND PORTIONS OF PUBLIC UTILITY EASEMENTS ADJACENT TO LOT "H" AND LOT "R" WITHIN TRACT 36115-1 CONFORMS TO THE CITY'S GENERAL PLAN CIRCULATION ELEMENT WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting the vacation of street right-of-way and portions of Public Utility Easements adjacent to the right-of-way portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115-1, reserving an easement 5.00 feet wide for public utility and water purposes; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding whether a street vacation conforms to the City's General Plan Circulation Element; and WHEREAS, on September 2, 2014 at a duly noticed public meeting, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission hereby finds and determines that the portion of public utility easements adjacent to the right-of-way for a portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115-1 referenced above is excess right-of-way and the vacation of that portion of the public street conforms to the City's General Plan Circulation Element. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: 'CEQX) and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines") pursuant to the CEQA Guidelines Section 15301 (Class 1 — Existing Facilities) exemption for existing facilities because the Project involves the vacation of a portion of a street which involves negligible or no expansion of use. SECTION 3. Based upon all of the evidence presented and the findings above, the Planning Commission hereby recommends that the City Council find that the vacation of that portion of street right-of-way and portions of Public Utility Easements adjacent to the right-of-way portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115-1 referenced above is consistent with the City's General Plan Circulation Element. PLANNING COMMISSION RESOLUTION NO. 2014 - PAGE 2 OF 3 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED on the second day of September, 2014. John Gray, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 - PAGE 3 OF 3 014-PAGE3OF3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014- was adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore on the second day of September, 2014, by the following roll call vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager Agenda Date: 9/23/2014 In Control: City Council Agenda Number: 8) City of Lake Elsinore Text File File Number: ID# 14-292 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 9/18/2014 CITY OF ins LADELSINOR,E DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: SEPTEMBER 23, 2014 SUBJECT: Approval of an Increase to the Annual Lake Maintenance Fund Contribution Recommendation It is recommended that the City Council authorize an increase of $50,000 to the appropriation of the City's contribution to the Lake Maintenance Fund for Fiscal Year 2014/2015. Background In 2003, the City of Lake Elsinore entered into a Comprehensive Water Management Agreement with the Elsinore Valley Municipal Water District (EVMWD) to fund the ongoing management of Lake Elsinore, This Agreement stipulated terms such as lake levels, water flow management, and funding for the cost of the replenishment flows to Lake Elsinore, i.e. recycled water for the lake. The Agreement states that an annual deposit of $650,000 shall be contributed by both the City of Lake Elsinore and EVMWD to a Lake Maintenance Fund to pay for the pumping and use of recycled water to help stabilize and replenish Lake Elsinore. These funds are held in a separate escrow account managed by a third -party fiscal agent. The Agreement also provides for inflationary adjustments based on a percentage increase of imported water costs paid by EVMWD over a five-year period. Since the establishment of the agreement, this annual contribution requirement has remained unchanged. Discussion The two major sources of water for lake replenishment through the agreement are the Island Wells, located in the back basin, and recycled water. Between 2008 and 2010, when all three Island Wells were operating and recycled water was flowing into the Lake, the annual expenditure for this program exceeded the annual contribution of $1,300,000. However, reserve funds had built up in the preceding years and the higher expenditure levels were sustained using these reserves. Approval of an Increase to Annual Lake Maintenance Fund September 23, 2014 Page 2 of 2 In 2011, one of the Island Wells became unusable. At the same time, recycled water flows decreased dramatically due to water conservation efforts. These combined factors resulted in lower flows to the Lake, and in turn, lower expenditures for the fund. Over time, recycled water flows have increased. This year, the recycled water flows exceeded the 2010 levels and once again expenditures have exceeded contribution amounts. Going forward, the recycled water flows from EVMWD are expected to increase, which will also drive the expenditures to increase over time. At the end of FY 2014, the reserve balance in the Lake Maintenance Fund was approximately $300,000. At the current level of funding, the Lake Maintenance Fund balance is projected to be depleted by Spring of 2016 as shown in the attached graph provided by EVMWD. In addition, EVMWD has provided the attached Lake Maintenance Fund Analysis to show the breakdown of the water added to the lake and the associated costs in comparison to the total annual contribution by EVMWD and the City. Based on this information, EVMWD has recommended an increased contribution by both the City and the District of $50,000 per year for the next two years to help replenish the Lake Maintenance Fund. This proposal was discussed and recommended at a monthly ad hoc committee meeting between EVMWD and the City. At this time, the committee discussed that this additional funding was necessary to adequately fund the ongoing replenishment of the lake well into the future. In addition, this proposal was considered and approved by the EVMWD Board of Directors last month. Fiscal Impact This fiscal year, 2014-2015, a total of $650,000 was budgeted for the City's contribution to the Lake Maintenance Fund. This additional appropriation would increase the authorized expenditure to $700,000. Funding will be appropriated from lake fund reserves to cover the proposed increase of $50,000. The additional proposed increase for Fiscal Year 2015-2016 will be considered during the budgeting process next year. Prepared by: Nicole Dailey, Management Analyst Approved by: Grant Yates, City Manager Attachments: Exhibit A: Lake Maintenance Fund Balance Exhibit B: Lake Maintenance Fund Analysis I N i LL G T +� O v 0- 0 O N +� u L Y u O u L QJ m 0 Q 06T Q � t N � @ u F u p T M u M LL = @a v -0 kD u L QJ T O L m O O O Z5 lzl- CD p N O O �o�«i rn v� N T -0 rj i/1 II to O bA O C 0 m O N N N LL }U U LL m .� C L w 00L U > C L O t v w a Q O X (IJ L LU = d Z v N LL v L) M r- r1 l0 l0 lD IZZI, m d' N O m rI m rl N O Ln d' lD W r, d' m N l0 N m Ln N m N Ln N LD M l0 N +m-' n Ql O 00 00 Lr O M O m d' O Ln lD lD r1 N m 'a' d' N m N f N N ct m It O O N IZT Ln rl rl rl ri rl rl rl Ql O� N -ON -6 Ln r1 IT 00 O M 00 lD d' m O l0 N 00 Gt W O d' n O lD W W M O Ln Ln rn Ln Ln Ln } ON m V > N K O W W O M l0 rl rl rl O 00 r1 rl r\ Ln n lD rl lD O w r1 N N N d' O lD O c 00 m m rn 0) l0 W 00 dt m 0 o �t n too w IZT �.o rl v d 06 O r- -zz� o o m o r; m Ln Ln Ln Ln rl Ln m lD rl r1 N N N N N r1 1-1 rl 00 r� d ri o w m Ln o m rI N lD lD n Ln r� lD M l0 N a�- N rl l0 lD lD d' lD lD lD O ct N -ON lD Ln r1 IT r� n 00 Ln N Cr' ri Gt IZT n O lD r, r� to Ln Ln rn Ln Ln Ln } m u OJ K O It Ln O 00 11 410 O Ln n tD N 00 lD Gt N ri 0) l0 W 00 dt rl rl rl c -I rl O >� i [6 N } (p 7 Ln lD n 00 Ol O ri N m d' O O O O O ri ri 1--1 ri 11 U o 0 0 0 0 0 0 0 0 0 LL Q 0 Agenda Date: 9/23/2014 In Control: City Council Agenda Number: 9) City of Lake Elsinore Text File File Number: ID# 14-293 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore. org Status: Business File Type: Report City of Lake Elsinore Page 1 Printed on 911812014 LAKE LSINORE 17121 AM E;X`r Rt M REPORT TO CITY COUNCIL TO: Honorable Mayor And Members of the City Council FROM: Grant Yates City Manager DATE: September 23, 2014 SUBJECT: Consistency Zoning Project — Phase IV, including the following items: General Plan Amendment No. 2014-02, Add The R -H Hillside Single - Family Residential Zone as a Compatible Zone in the Hillside Residential Designation on the General Plan/Zoning Compatibility Matrix (Appendix B); Change the General Plan Land Use Map Figure 2.1a to Show Properties Developed with Existing Water Tanks and Facilities Owned by the Elsinore Valley Municipal Water District as "Public/institutional;" and Change the Land Use Designation of Existing R -E Estate Single Family Residential Zoned Property in the Country Club Heights District to "Low Density Residential" to Accurately Reflect Existing Uses and Density; and Zone Change No. 2014-04, Known as the Consistency Zoning Project, Phase IV, Change the Zoning of Various Parcels in the Riverview and Country Club Heights Districts of the City to Zones Consistent with the General Plan Designations Therein. Recommendation The Planning Commission recommends that the City Council take the following action: Adopt Resolution No. 2014- ; Resolution of the City Council of the City of Lake Elsinore, California, Approving General Plan Amendment No. 2014-02, An Amendment to the Compatibility Matrix and the Land Use Map within the Riverview and Country Club Heights Districts, as Part of the Consistency Zoning Project, Phase IV. 2. Introduce by title only and waive further reading: Ordinance No. 2014-; An Ordinance of the City of Lake Elsinore, California, Approving Zone Change No. CITY COUNCIL STAFF REPORT CONSISTENCY ZONING, PHASE IV: GPA 2014-02, ZC 2014-04 September 23, 2014 Page 2 of 4 2014-04, Known as the Consistency Zoning Project — Phase IV, Amending the Official Zoning Map, Changing the Zoning of Various Parcels in the Riverview and Country Club Heights Districts of the City to Zones Consistent with the General Plan Designations Therein. Background On September 2, 2014, the Planning Commission unanimously (3-0, Commissioners O'Neal and Armit absent) recommended approval of the Consistency Zoning Project, Phase IV, by adopting Resolution Nos. 2014-37 and 2014-38. No one came forward to speak and no additional correspondence was received beyond those contained in the Commission Staff Report, Commissioner Blake requested additional information regarding the development standards of the R -H Zone, and Staff provided a Comparison Table of Residential Zones. Proiect Description The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011. Since then, the City Council has approved Consistency Zoning for all Commercial and Residential Mixed Use parcels, all High Density Residential parcels, and the Business, East Lake, North Peak and Lake View Districts. The City now proposes Phase IV of the Consistency Zoning Project, bringing the Official Zoning Map of the City into conformance with the adopted General Plan for the Riverview and Country Club Heights Districts. Discussion & Analysis Notification and Community Meetings Over 800 notifications were mailed to property owners or residents in the Riverview District, and over 2,500 mailed to owners or residents in Country Club Heights. Community Meetings were held on March 20, 2014 and July 17, 2014 respectively. Approximately 12 people interested in Riverview and over 50 people interested in Country Club Heights attended the Community Meetings. Altogether, Staff received well over 130 phone and e-mail inquiries and front counter visits. The R -H Zone as Compatible with the Hillside Designation The Riverview and Country Club Heights Districts both contain a development anomaly - very small, narrow, legal parcels often on hilly terrain, dirt roadways, and with no or inadequate utilities. In both Districts, the General Plan has designated a large portion of the parcels as Hillside Residential. However, the R -M -R Rural Mountainous Residential CITY COUNCIL STAFF REPORT CONSISTENCY ZONING, PHASE IV: GPA 2014-02, ZC 2014-04 September 23, 2014 Page 3 of 4 Zone is the only zone compatible with this designation according to the Compatibility Matrix (Appendix B of the General Plan). Clearly, compliance with the RMR development standards would make most parcels undevelopable. The R -H Hillside Single Family Residential Zone provides an opportunity to develop single family residences on most parcels, while recognizing hillside constraints and minimizing disturbance of the environment. Furthermore, in Section 17.72.050 - Lots of Record, adjacent parcels under the same ownership are required to be "combined to meet the minimum required lot area (12,000 square feet) or to more closely conform to the required lot area." In many cases, property owners already recognize the infeasibility of building a home on a 30 -foot wide lot, as well as percolating a septic system on small, hilly lots. General Plan Amendment No. 2014-02 adds the R -H Zone to the General Plan/Zoning Compatibility Matrix in the Hillside designation, as shown on Exhibit 'A.' Elsinore Valley Municipal Water District (EMVWD) A major property owner in the Country Club Heights District is the EVMWD. While a few of their holdings are developed with water tanks, facilities and access roads, most of the properties are vacant. Staff met with EVMWD in August notifying them of the pending Consistency Zoning Project. General Plan Amendment No. 2014-02 changes the General Plan designations to "Public/Institutional" on parcels with water tanks, facilities and access roads, as a "clean-up" measure, as shown on Exhibit'B.' Northwest corner of the Country Club Heights District Phase IV covers a "cleanup" change to the General Plan to recognize the existing residential subdivision at the northeast corner of Dryden and Lakeshore Drive developed under the existing R -E Estate Single Family Residential Zone. Because the R -E Zone is not consistent with the General Plan designation of Low Medium Density Residential, General Plan Amendment No. 2014-02 changes the designation to Low Density Residential as shown on Exhibit'C.' Correspondence Two letters from Riverview owners were received supporting the R -H Zone, from Joe Wulff and Joel X. Cabrera. A letter from Country Club Heights property owner Fred Morgan was also received supporting Staff's recommendation. Lastly, an e-mail was received from owner and developer Jim Moore detailing his concerns. All correspondence are attached to the Planning Commission Staff Report. Zone Change No. 2014-04 The proposed zone changes to make zoning compatible with the General Plan designations in the Riverview and Country Club Heights Districts are shown in two CITY COUNCIL STAFF REPORT CONSISTENCY ZONING, PHASE IV: GPA 2014-02, ZC 2014-04 September 23, 2014 Page 4 of 4 exhibits, 'D' and 'E.' These exhibits indicate existing zoning, the General Plan designation, and proposed zone change only. Fiscallmpact None. With the proper zoning in place consistent with the General Plan, development of applicable projects is expedited, and may provide positive revenue to the City in the future. Environmental Determination The City certified a Recirculated Program Environmental Impact Report (RP-EIR) for the update to its General Plan. The proposed General Plan Amendment No. 2014-02 and Zone Change No. 2014-04 to the City's Official Zoning Map implements the General Plan update, applying appropriate zoning districts compatible with their land use designations. No additional environmental review is required. Prepared by: Carole K. Donahoe, AICP Project Planner Reviewed by: Richard J. MacHott, LEED Green Associate Planning Manager Grant Taylor Director of Community Development Approved by: Grant Yates City Manager Attachments 1. Resolution No. 2014-_ approving General Plan Amendment No. 2014-02 known as the Consistency Zoning Project — Phase IV. a. Exhibit'A' — Proposed Revised Compatibility Matrix b. Exhibit'B' — EVMWD Water Tanks and Facilities c. Exhibit 'C' — Country Club Heights Existing Residential -Estate Neighborhood 2. Ordinance No. 2014- an ordinance of the City of Lake Elsinore approving Zone Change No. 2014-04, known as the Consistency Zoning Project — Phase IV, changing the zoning in the Riverview and Country Club Heights Districts. a. Exhibit 'D' — Riverview District b. Exhibit'E'— Country Club Heights District 3, Planning Staff Report to the Planning Commission for September 2, 2014 a. Property Owner Notification/Invitation Letters dated March 7, 2014 and July 1, 2014 b. Correspondence 4. Residential Development Standards Comparison Table March 7, 2014 Affix mailing label here Dear Property Owner: You are receiving this letter because the updated General Plan, adopted on December 13, 2011, established a designation on your property that requires a change in zoning should you wish to develop your property in the future. Your property is located within the General Plan's Riverview District. The City has undertaken the "Consistency Zoning Project" that will rezone your property to make its zoning consistent with its General Plan designation. Zoning determines what uses are allowed and what development standards apply. The Consistency Zoning Project is City -initiated, and is free of charge to property owners. We invite you to attend a Community Meeting where we will discuss the proposed zone changes for the Riverview District. We intend to provide detailed information on each proposed zone. We welcome any concerns you may have. We will answer all questions, if not at the meeting, then in a follow-up phone call from Staff. The Community Meeting will be held: Date: Time: Location: Thursday evening, March 20, 2014 5:00 P.M. Senior Activities Center 420 E. Lakeshore Drive, Lake Elsinore. CA 92530 We anticipate a public hearing before the City Planning Commission regarding this Consistency Zoning Project later on this year, followed by a public hearing before the City Council shortly thereafter. A Notice of Public Hearing will appear in the Press -Enterprise newspaper, on the City's website, and posted at City Hall prior to the actual date of each hearing. If you cannot attend the meeting on March 20th we encourage you to visit the City's website at www.lake-elsinore.org to learn more about the Consistency Zoning Project, Phase IV. Information will be posted on Monday, March 10, 2014. You can also call the Planning Division and speak to Carole Donahoe, the Project Planner for Consistency Zoning, at (951) 674-3124 Ext. 287 or Richard MacHott, Planning Manager at (951) 674-3124 Ext. 209. Please use the Assessor Parcel Number printed on your address label when inquiring about your property for faster service. Sincerely, Carole K. Donahoe, AICP Planning Consultant to the City of Lake Elsinore CITY 01 �- ____ _ �7.7 LAKE July 1, 2014 Affix mailing label here Dear Property Owner You are receiving this letter because you own one or more properties within the Country Club Heights District of the General Plan. The updated General Plan, adopted on December 13, 2011, established a designation on your property that requires a change in zoning should you wish to develop the property in the future. The City has undertaken the "Consistency Zoning Project" that will rezone your property to make its zoning consistent with its General Plan designation. Zoning determines what uses are allowed and what development standards apply. The Consistency Zoning Project is City -initiated, and is free of charge to property owners. We invite you to attend a Community Meeting where we will discuss the proposed zone changes for the Country Club Heights District. We intend to provide detailed information on each proposed zone. We welcome any concerns you may have. We will answer all questions, if not at the meeting, then in a follow-up phone call from Staff. The Community Meeting will be held Date: Thursday evening, July 17, 2014 Time: 5:00 p.m. Location: Lake Elsinore Cultural Center 183 North Main Street, Lake Elsinore, California, 92530 We anticipate a public hearing before the City Planning Commission regarding this Consistency Zoning Project later on this year, followed by a public hearing before the City Council shortly thereafter. A Notice of Public Hearing will appear in the Press -Enterprise newspaper, on the City's website, and posted at City Hall prior to the actual date of each hearing. If you cannot attend the meeting on July 17'" we encourage you to visit the City's website at www.lake-elsinore.org to learn more about the Consistency Zoning Project, Phase IV. Information will be posted on Tuesday, July 1, 2014. You can also call the Planning Division and speak to Carole Donahoe, the Project Planner for Consistency Zoning, at (951) 674-3124 Ext. 287 or Richard MacHott, Planning Manager at (951) 674-3124 Ext. 209. Please use the Assessor Parcel Number printed on your address label when inquiring about your property for faster service. Sincerely, Carole K. Donahoe, AICP Planning Consultant to the City of Lake Elsinore 95 1,674.3 124 130 S_ MAIN S I R@GI' LAKII I'.LSINORE, CA 92530 WN W. LAKFAFLSINORCORG 02/25/2014 APN 373054027/373054026 WULFF FAMILY TRUST 1663 E. EL NORTE PKWY. ESCO N DI DO, CA 92027 Mr. Richard MacHott, Planning Manager I MAR # fti4 CITY OF LAKE ELSINORE PLANNING DIVISION We are writing you to request that you change our piece of property in the zoning of RH (Hillside Single Family Residential) and not change it to the proposed RMR (Rural Mountain Residential). Our piece of property fits the criteria of the RH zoning requirements and would be a much better fit for the area. Our property is a beautiful piece that has a gentle slope not a cliff as the other properties in question. It has wonderful views of the lake which can be used for quality development which in turn will upgrade the area and the future city development and progress. Please review the area and if possible, please take a close look at the property and I believe you will find our request warranted. Also, for further information, there are utilities at both lower corners on Conklin. Please let me know if you would like to discuss this further with me in person or if you would like to meet me on the property site to visualize the future uses of this piece. Thank you for your considerations and efforts. Respectfully, Joe Wulff, Trustee 1663 E. EL NORTE PKWY, ESCO N DI DO, CA 92027 702-525-1111 CELL Consistency Zoning Project March 319 IVED APR 0 2 2014 CITY OF LAKE ELSINORE PLANNING DIVISION Dear Ms. Carole K. Donahoe, AICP 1 am writing this letter to support the proposed zone changes for the Riverview District you discussed during the March 20th meeting at the Senior Activities Center. I wanted to let the City Council, as well as, the City Planning Commission know that myself and the other property owners in the Riveriew District agree to the changes you proposed within the" Consistency Zoning Project" regarding the updated General Plan adopted December 13, 2011 . Thank you for your articulate and careful explanation of this proposed rezoning of the Riverview District. Sincerely, Joel X. Cabrera P. O. Box 246 - San Gabriel/ CA - 91778 APN# 373132021 - 373132022 Lake .Elsinore City Planning Department RECEIVED JUL 2 5 2014 CITY OF LAKE ELSINORE Pl ",.NNING DIVISION July 20, 2014 This letter is to thank the planning department for considering the rezoning of the Lake Elsinore Couurtry Club Heights. I have owned some lots in Country Club Heights for 15 years. If the city planning committee passes this new zoning area, it will help us considerably in developing on these vacant lots. Eventually we are going to need sewer and water lines, but this is the first step towards the project. I want to thank Carol Donahoe, planning consultant, Jor sending us a letter and presenting this to the city council. 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Q) u S +-� "O" Orl' Xroy \E E Of6 1pD O O ON O W Ln .0 >• L M1' M1' tU 'y N u fY6 'p Z (n O�`• t6 LL U ro b.0 b.0 ++ N M1• M1• N LA T M1. t o 7.. u u N u > C •d C •� •L 0tU y N >= tU Q L U °' =.5 +' Q C tLo C o C 0 C tU 3 3 cN c o o u .Y S 0 Q) c S 0 J U. o ;Cu'O LL H y to aJ a U RESOLUTION NO. 2014 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2014-02, AN AMENDMENT TO THE COMPATIBILITY MATRIX AND THE LAND USE MAP WITHIN THE RIVERVIEW AND COUNTRY CLUB HEIGHTS DISTRICTS, AS PART OF THE CONSISTENCY ZONING PROJECT, PHASE IV WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on December 13, 2011; and WHEREAS, Government Code Section 65358 empowers the legislative body to amend all or part of an adopted general plan if to do so would be in the public interest and so long as no mandatory element of the general plan is amended more frequently than four times during any calendar year; and WHEREAS, General Plan Amendment No. 2014-02 (the "project") is part of the City's Second (2nd) Cycle amendments to the Lake Elsinore General Plan for the 2014 calendar year; and WHEREAS, General Plan Amendment No. 2014-02 adds the R -H Hillside Single -Family Residential Zone as a compatible zone in the Hillside Residential designation on the General Plan/Zoning Compatibility Matrix (Appendix B); and WHEREAS, General Plan Amendment No. 2014-02, changes various land use designations on the General Plan Land Use Map, Figure 2.1A, in the Country Club Heights District, to accurately reflect properties developed with existing water tanks and facilities owned by the Elsinore Valley Municipal Water District as "Public/Institutional;" and existing R -E Estate Single -Family Residential zoned property to "Low Density Residential;" to accurately reflect existing uses and density; and WHEREAS, on September 2, 2014 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 General Plan Amendment No. 2014-02 by unanimously adopting Planning Commission Resolution No. 2014-37 recommending to the City Council approval of General Plan Amendment No. 2014-02; and WHEREAS, on September 23, 2014 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, DETERMINE AND ORDER AS FOLLOWS: CITY COUNCIL RESOLUTION NO. 2014 - Page 2 of 5 SECTION 1. The City Council has reviewed and analyzed the proposed General Plan Amendment pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed General Plan Amendment is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. That in accordance with the California Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council hereby makes the following findings for the approval of General Plan Amendment No. 2014-02: 1. The proposed General Plan Amendment will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendments or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed General Plan Amendment has been analyzed relative to their potential to have detrimental effects to ensure that the health, safety and welfare of surrounding residents will be protected. b. The addition of the `R -H Hillside Single -Family Residential Zone" as a compatible zone in the "Hillside Residential' designation on the General Plan/Zoning Compatibility Matrix (Appendix 13) serves to acknowledge the development constraints in hillside areas of the City, serves to minimize development impacts in hillside areas, and serves to provide an opportunity for single-family residential development with reasonable standards. C. The designation of existing water tanks and facilities owned by the Elsinore Valley Municipal Water District as "Public/Institutional' acknowledges and promotes such uses within the Country Club Heights District. d. The designation of properties with existing "R -E Estate Single -Family Residential' zoning at the northeast corner of Lakeshore Drive and Dryden as `low Density Residential' recognizes a viable developed neighborhood within the Country Club Heights District, and promotes its continued use and density. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. CITY COUNCIL RESOLUTION NO. 2014-_ Page 3 of 5 a. The addition of the 'R -H Hillside Single -Family Residential Zone" as a compatible zone in the "Hillside Residential" designation on the General Plan/Zoning Compatibility Matrix (Appendix B) provides a zoning option in the Hillside designation where zoning alternatives are few. The R -H Zone is a superior zone in the Riverview and Country Club Heights Districts where legally subdivided lots are narrow and constrained by steep slopes. The R -H Zone has the least restrictive development standards that allow the construction of single-family residences while recognizing the attributes of hillside areas, thereby providing the best opportunity for property owners to utilize their land and to blend with existing neighborhoods in the area. 3. The proposed General Plan Amendment would establish a land use densities, intensities and usage more in character with the subject property's location, access, and constraints. a. The proposed General Plan Amendment recognizes residential land use densities that are compatible with surrounding development. 4. The proposed General Plan Amendment will not have a significant effect on the environment. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby approves General Plan Amendment No. 2014-02, and incorporating the amendment into the General Plan as shown on attached Exhibits 'A' through 'C' attached herein: Compatibility Matrix Add the R -H Hillside Single Family Residential Zone to the Hillside Residential designation, in accordance with Exhibit'A;' and Water Tanks and Facilities Change Assessor's Parcel Nos. 375-053-006 through -009, -24, -027; and 378-082-001 through -006, -018 through -023 from "Hillside Residential to "PI Public/Institutional," in accordance with Exhibit'B;' and Country Club Heights Existing R -E Estate Single -Family Residential Zone Change Assessor's Parcel Nos. 378-320-015 thru -028 and -032 thru -040 from LMR Low Medium Density Residential to LDR Low Density Residential, CITY COUNCIL RESOLUTION NO. 2014 - Page 4 of 5 in accordance with Exhibit'C.' SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this twenty-third day of September 2014. Natasha Johnson, Mayor City of Lake Elsinore City Council ATTEST: Virginia J. Bloom, CMC City Clerk APPROVED AS TO FORM: Barbara Leibold City Attorney City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2014-_ Page 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014- was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the twenty-third day of September 2014, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Virginia J. Bloom, CMC City Clerk duMpoold ■ c leuoyeaaaag - /aaedg uadp • • • O pmoillllljsill Filgnd ■ ❑ ■ ¢ palrulrl ■ ❑ ■ ■ c H a leuocssaJOad o ssaulsnfl • • `-� ' ' lsimoZ puOlpazaag N¢ llMolUMoa • • ❑ ' Z O a �Ceneale0 H w • • ¢ 0 a U lezaua0 ■ ■ ■ ■ ■ w �] poogiogq`dlaN z • ' ' a pa asn paxcyQ luaialuuIOD ■ ■ ■ ■ ■ ■ ■ 2 o asn paXTW lelpuapisay • • • .fllsuaa OOH ■ ■ ■ ■ ■ 641suaQ umipaJnt • • • • ■ ,Jlsuad h ulnipaw Mol ■ ■ ■ 7-. w P 71 ..`' {iSUaQ MOZ apisaxel ■ ■ apislllH ■ ❑ ❑ ? ■ m N br 71 R V O G yQ Z) •". o Q u w y�i b0 '� C9 .a v u A C CD G �" G o75 a w v in v 'x o a O c c, U z u u l7 z � b 04 c: Q u u u V S C N � ^N N R � O d I Q G O m G b9 v b m' w v O v W v Y G ■ N N [rG ■ F V U ■ U R N ■ v 'C R O V a li N'' N � ml � o v N b b bJD x Gni a J C+ rE b O <G N � AVE CB u R�z 0 > < < c w cr-*, U) < \/°\:� 0 AVE yb a o ` \ 7jp� �b E Q' r.• o�,s W r 2�� W a 0 m Z N x cjl m � N T N y �, r` o 11 V yb \ 7jp� �b 00 r.• o�,s W r C� m � N T N o 11 V 0P\� �y r' r,, W LWT c O v E v N l�y� i ce✓ (jam "C'_ � r G VA. • / In o a x ORDINANCE NO. 2014 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2014-04, KNOWN AS THE CONSISTENCY ZONING PROJECT — PHASE IV, AMENDING THE OFFICIAL ZONING MAP, CHANGING THE ZONING OF VARIOUS PARCELS IN THE RIVERVIEW AND COUNTRY CLUB HEIGHTS DISTRICTS OF THE CITY TO ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN. WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on December 13, 2011, which established designations on various properties throughout the Riverview and Country Club Heights Districts of the City, as presented on the General Plan Land Use Plan; and WHEREAS, Government Code Section 65103 empowers the legislative body to implement the General Plan through actions including, but not limited to, the administration of zoning ordinances; and WHEREAS, Government Code Section 65860 requires that a city's zoning ordinances be consistent with its general plan; and WHEREAS, Resolution No. 2004-11 of the City of Lake Elsinore, which establishes procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan, specifically exempts the adoption or amendment of any land use or zoning ordinance in Section IV — Exemptions; and WHEREAS, on September 2, 2014 at duly noticed public hearings, 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 Zone Change No. 2014-04 by adopting Planning Commission Resolution No. 2014-38 recommending to the City Council approval of Zone Change No. 2014-04; and WHEREAS, on September 23, 2014 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 ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed zone changes pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed zone changes are consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the LEMC. ORDINANCE NO. 2014 - PAGE 2 of 10 SECTION 2. Pursuant to Section 21080 (c) (2) of the California Environmental Quality Act (CEQA), the City Council determines that the Recirculated Program Environmental Impact Report certified for the update to the General Plan is adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the Project. Because Zone Change No. 2014-04 implements the General Plan with the appropriate zoning districts for development within the Riverview and Country Club Heights Districts of the City, no additional environmental review is required. SECTION 3. That in accordance with the State Planning and Zoning Law, the City Council hereby makes the following findings for the approval of Zone Change No. 2014-04: 1. The proposed zone changes will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed zone changes or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed zone change implements the adopted General Plan Update of December 13, 2011, which was analyzed relative to its potential to have detrimental effects. b. The proposed zone change will eliminate inconsistencies with the adopted General Plan Update. C. The proposed zone change will be beneficial to the public health, safety, comfort and welfare and will improve the property in the neighborhood and the City by allowing a variety of residential, commercial and publichnstitutional uses to be established in the Riverview and Country Club Heights Districts within the City. 2. The proposed zone changes will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The R -H Hillside Single -Family Residential Zone provides the best opportunity for property owners to utilize their land and to blend with existing neighborhoods where legally subdivided lots are narrow and constrained by steep slopes. 3. The proposed zone changes would implement a land use density, intensity and usage more in character with the subject property's location, access, and constraints consistent with the adopted General Plan Update and subsequent text amendments to the zoning code. a. The proposed zone changes takes into consideration existing development as well as vacant properties. ORDINANCE NO. 2014 - PAGE 3 of 10 4. The proposed zone changes implement the goals of the Riverview and Country Club Heights Districts. The primary goal of the Riverview District is to stimulate a mixed-use neighborhood with a variety of land uses that incorporate the area's natural amenities and surrounding uses. The primary goal of the Country Club Heights District is to develop as a lower density residential estate neighborhood, maximizing the lake views and historical character of the area while preserving the integrity of the natural features. a. Public uses are appropriately zoned and identified. b. Impacts to hillsides are minimized. 5. The proposed zone changes will not have a significant effect on the environment. a. The potential impacts of the General Plan update have been analyzed in the Recirculated Environmental Impact Report (SCH #2005121019) prepared for the City of Lake Elsinore General Plan ("General Plan EIR) and its related cases which was certified on December 13, 2011, and adequate mitigation measures have been prepared where necessary. Accordingly, the impacts of the proposed zone change have been disclosed, analyzed and mitigated to the extent feasible in the General Plan EIR. A copy of the General Plan EIR is available for inspection in the City of Lake Elsinore Community Development Department, 130 S. Main Street, Lake Elsinore, CA. SECTION 4. Based upon the evidence presented, both written and testimonial and such other matters as reflected in the record, and the above findings, the City Council hereby adopts Zone Change No. 2014-04, making the following zone changes to the City of Lake Elsinore Official Zoning Map, as shown in Exhibits 'D' and 'E' attached: Riverview District — Assessor's Parcel Nos. 363-110-025, -026, -031, 363-540- 008 and -009, 373-072-004 through -022 and 373-073-003, -009 through -012, -014, - 016 through -020, 377-320-090 and -010 from R1 Single Family Residential to C2 General Commercial; and Assessor's Parcel Nos. 363-130-019 -021, -030, -042, -059, 363-140-069, -080, and 363-550-001 through -04 from SP Specific Plan to C2 General Commercial; and 363-140-088 and -089 from C1 Neighborhood Commercial to C2 General Commercial; and Assessor's Parcel No. 363-540-022 from R3 High Density Residential to R2 Medium Density Residential; and 363-540-025 through -030 from C2 General Commercial to R2 Medium Density Residential; and ORDINANCE NO. 2014 - PAGE 4 of 10 Assessor's Parcel Nos. 373-115-001, -002, -005, -007 through -015, 373-116- 001 through -005, and 373-117-001 through -003, -007, -010 and -012, 373-173-001, - 002, -006, -007, -010 through -015 and 373-174-001 through -010, -012 through -025, 373-181-007, -010 through -019, 373-182-009, -010, -013 through -029, -031 through - 033, -037 through -041, 373-183-001 through -007, -010, -013 through -021, 373-184- 001 through -006, -008 through -011, -014 through -021, 373-185-001, -006, -007, - 016, -020, -021, -024 through -026, -028 through -030, -033 through -035, -038, -040 through -042, -047, -049, -050, -052, -053, -055 through -057, 373-191-002 through - 015, -017, -023 through -031, 373-192-004 through -006, -009, -020 through -022, -028 through -031, -045 through -047, -057 through -065, -067 through -072, 373-193-006 through -014, -016 through -018, -026, -029, -031 through -042, 373-194-002, -003, - 020, -029 through -038, 373-201-001 through -012, -015, -018, -019, -021 through -023, 373-202-001 through -011, 373-206-001 through -006, -048 through -056, 373-207-001 through -014 from R1 Single Family Residential to R2 Medium Density Residential; and Assessor's Parcel Nos. 373-050-001 through -007, -011 through -017, and -019 through -025 from Medium High Density Residential (Historic Elsinore) to RH Hillside Single Family Residential; 373-054-027, 373-062-009 through -035, 373-063-001 through -005, -007 through -019, -021 through -029, 272-065-001 through -004, and 373-101-001 through -013, -015, -018, -020, -022, -024 through -028, 373-102-001 through -004, and 373-103-001, -002, -004, -006 through -018, -028, -030 through -034, 373-111-001 through -013, 373-112-001 through -010, 373-131-002, -008 through -023, 373-132-001 through -064, 373-133-001 through -037, 373-134-001 through -038, 373- 135-012 through -019, -024, -026, -031, -033 through -035, 373-143-002 through -004, - 006, 373-291-002 from R1 Single Family Residential to RH Hillside Single Family Residential; and 373-121-001 through -041, 373-122-005 through -008, -011 through - 042 and 373-123-001 through -043, -045 through -050 from R2 Medium Density Residential to RH Hillside Single Family Residential; and 373-144-021 through -026 from PI Public/Institutional to RH Hillside Single Family Residential; 373-291-003 from C1 Neighborhood Commercial to RH Hillside Single Family Residential; and Assessor's Parcel Nos. 373-131-001 and 373-194-028 from R1 Single Family Residential to PI Public/Institutional; Assessor's Parcel Nos. 373-175-001 through -015 and 373-176-001 through - 004, -007 through -010, -013, -014, -017, -020, -022, -024, -025, and -027 from R1 Single Family Residential to C1 Neighborhood Commercial; As shown on Exhibit'D.' Country Club Heights District - Assessor's Parcel Nos. 375-052-001 through - 034; 375-054-001 through -022,-042 through -063; 375-153-001 through -069; 375- 162-001, -002; 375-324-007 through -010, -013 through -017, -021, -022, -025 through - 028, -030 from R2 Medium Density Residential to R1 Single Family Residential; and ORDINANCE NO. 2014 - PAGE 5 of 10 Assessor's Parcel Nos. 375-021-003, -004, -006 through -036 from C1 Neighborhood Commercial to R2 Medium Density Residential; and Assessor's Parcel Nos. 375-022-001 through -023, -026, -027, -031 through - 047, -051 through -058, -060, -064 through -068; 375-023-004 through -006, -015 through -036, -040 through -045, -047 through -050, -054, -057 through -06; 375-031- 001 through -004, -007 through -046, -051 through -074; 375-032-001 through -013, - 016 through -018, -026, -031, -036 through -039; 375-041-001, -002, -011, -012, -018 through -026, -031 -034, -036 through -038, -041, -045, -048 through -053, -055, -056; 375-042-001 through -049; and 375-043-001 through -015 from R3 High Density Residential to R2 Medium Density Residential; and Assessor's Parcel Nos. 375-344-003, -004, -010, -012, -013, -015 through -019 from R3 High Density Residential to RMU Residential Mixed Use; and Assessor's Parcel Nos. 375-122-001 through -044; 375-123-001 through -012, - 015 through -017; 375-124-001 through -011, -014 through -028, -031 through -037; 375-181-001 through -006, -008 through -017, -025 through -032, -038, -0-043 through - 046; 375-182-001 through -044, -047, -048; 375-183-015 through -025, -029 through - 034; 375-201-004 through -006, -016, -017, -019, -020, -022 through -035, -038, -044, - 045; 375-202-001 through -024, -027 through -050; 375-203-003 through -022, -036, - 037, -040, -041; 375-231-001 through -084; 375-321-001 through -006, -009 through - 049, -053 through -059; 375-342-003 through -015, -019, -022; 375-343-001 through - 007, -014, -020 through -022; 375-345-001 through -013, -016 through -029, -032, -033; 375-346-001, -014, -015, -017 through -019; and 375-372-001 through -017 from R1 Single Family Residential to RH Hillside Single Family Residential; and Assessor's Parcel Nos. 375-034-001 through -005, -008 through -025, -029 through -042, -048 through -052, -055 through -087; 375-051-001 through -013; and 375-053-001 through -032; 375-054-023 through -031, -034 through -041, -064; 375- 055-001 through -004; 375-061-001 through -028, -036 through -055; 375-062-001 through -043; 375-063-001 through -006, -008 through -017; 375-071-001 through -048, -056 through -101; 375-072-001 through -008; 375-073-001 through -015; 375-081-001 through -043; 375-082-001 through -004, -011 through -028, -031 through -039; 375- 083-001 through -037; 375-084-001 through -005, -009, -010, a portion of -011, -012 through -022, -024 through -027, -043, -044; 375-121-004 through -009, -014 through - 035, -037; 375-131-001 through 039, -042 through -078; 375-132-005; 375-140-001 through -035, -038 through -053; 375-161-001 through -009; 375-163-001 through -017, -027 through -045, -048 through -050, -054 through -057; 375-171-001 through -069; 375-211-001 through -014; 375-212-001 through -017; 375-213-001 through -075; 375- 214-001 through -008, -011 through -041, -044 through -046; 375-221-001 through - 027; 375-222-001 through -014; 375-223-001 through -050, -052 through -063; 375- 224-001 through -013, -015 through -043; 375-225-005, -006, -019, -023, -024, -027 through -030; 375-261-001 through -069; 375-263-045, -046, -052, -054, -062; 375-271- 001 through -017, -021 through -044, 375-272-001 through -039; 375-273-001 through - 014, -024, -026 through -028; 375-274-001 through -053; 375-275-001 through -029; ORDINANCE NO. 2014 - PAGE 6 of 10 375-281-001 through -029; 375-282-001 through -051; 375-283-001 through -030, -033 through -043, -050 through -058, -061 through -063; 375-284-002, -003, -007 through - 012, -015 through -044; 375-293-001 through -019, -024 through -073; 375-311-001 through -023, -026 through -033; 375-312-001 through -010, -013 through -065; 375- 313-001 through -006, -009 through -039, -042 through -064; 375-341-001 through - 026; 375-360-001 through -017; 375-361-001 through -028; 375-362-001 through -042; 375-370-001 through -007; 375-371-001 through -034 from R2 Medium Density Residential to RH Hillside Single Family Residential; and Assessor's Parcel Nos. 375-055-005 through -015 and 375-084-028 through - 042 and a portion of -011; 375-092-008; 375-111-001 through -004; and 375-183-001, - 003 through -005, -007 through -012, -028, -035, -041, -043; 375-184-001 through -006, -014, -016, -017, -019; 375-203-023 through -029, -031 through -035; 375-205-002 through -006, -009 through -015, -020, -021, -026 through -029; 375-232-008 through - 062, -065 through -071, -078 through -082; 375-233-007 through -022, -024 through - 027; 375-234-003 through -009, -014 through -021, -024 through -030; 375-263-001 through -027, -032, -033, -038, -041, -055, -063, -064; 375-265-001 through -004, -008, -009; 375-264-001, -007 through -017 from R3 High Density Residential to RH Hillside Single Family Residential; and Assessor's Parcel Nos. 375-204-003 and -004; 375-232-004 through -007, -072, -073; and 375-234-001 and -002 from CP Commercial Park to RH Hillside Single Family Residential; and Assessor's Parcel No. 375-092-009 from C1 Neighborhood Commercial to RH Hillside Single Family Residential; and Assessor's Parcel Nos. 378-122-001 through -008, portions of -009 through -014, -015 through -025; a portion of 378-123-001 and -002, -027 through -031; 378-133-008 through -010, -013 through -019, -028; 378-135-001 through -034, -037, -038; 378-143- 001 through -006, -011 through -015, -018 through -025, -027, -028 from R1 Single Family Residential to PI Public/Institutional; and Assessor's Parcel Nos. 378-136-001 through -018, a portion of -019 and -022, - 023 through -035, -040 through -043; 378-145-001 through -014 from R2 Medium Density Residential to PI Public/Institutional; and Assessor's Parcel Nos. 378-137-001 through -014, a portion of -024, -025 through -033; 378-146-001 through -009 from R3 High Density Residential to PI Public/Institutional; and Assessor's Parcel Nos. 378-320-001 through -010, -042 and -043 from RE Estate Single Family Residential to RH Hillside Single Family Residential; and Assessor's Parcel Nos. 378-054-001 through -008, -010 through -025, -029 through -031, -037; 378-055-010, -011, -023, -024; 378-063-001 through -016, -018 ORDINANCE NO. 2014 - PAGE 7 of 10 through -035; 378-064-002 through -036, -039 through -041; 378-071-001 through -016, -019 through -023; 378-072-001 through -019, -023 through -031, -033, -034; 378-081- 001 through -007; 378-082-001 through -006, -008 through -012, -018 through -023; 378-083-002 through -019, -025, -027; 378-100-001, -003, -004, -008, -009, -012 through -014, -017, -033 through -036, -049, -050, -054 through -056; 378-114-012, - 050, -068, -086 through -089; 378-115-027, -031 through -033, -035 through -037, -039, -041, -042, -047 through -049, -051 through -052, -055, -056, -058 through -061, -063; 378-121-001 through -020; 378-131-001 through -007; 378-132-001 through -016; 378- 133-001 through -003, -007, -022 through -025, -027; 378-134-003 through -008; 378- 141-003 through -021; 378-142-001 through -007, -010 through -016, -022, -023, -026, - 028; 378-151-001, -004 through -009, -012 through -015; 378-152-004, -011 through - 015, -018, -021, -030 through -036; 378-153-004 through -010; 378-154-005 through - 007, -012 through -015; 378-155-001 through -007, -010 through -024, -031 through - 033, -035, -036; 378-161-001 through -010, -013 through -015, -019 through -029; 378- 162-003 through -006, -008 through -029, -032 through -040; 378-163-001 through - 014, -022, -023, -025 through -028; 378-171-003 through -006, -011 through -014, -017, -019 through -021; 378-172-001 through -015, -018 through -033, -040 through -044, - 047, -048; 378-181-001 through -014, -018 through -020, -024, -025, -028 through -034, -037 through -041, -044 through -049, -052 through -060, -066, -071, -072, -074 through -080, -083; 378-182-003 through -005, -014 through -018, -021 -022, -027 through -046, -051 through -059; 378-183-001, -002, -005, -006, -012, -013, -015, -019 through -025; 378-191-001 through -011, -016 through -023, -025 through -027, -031 through -033, - 035, -036; 378-192-001 through -005, -010, -013 through -024, -027, -030 through -034, -036; 378-193-001, -004 through -010, -013 through -018, -022 through -028; 378-194- 003 through -006,-011 through -014; 378-195-003 through -010; 378-201-003,-007 through -015, -023 through -027, -030 through -037; 378-202-001 through -007, -021, - 023; 378-203-001, -003 through -020, -026 through -029, -033 through -037, -040 through -046, -048, -050, -059, -062 through -073, -078 through -087, -089 through - 092; 378-204-001 through -003, -005, -006, -009, -012, -015 through -019, -023, -024, - 026 through -030, -032 through -035, -040, -041; 378-211-001 through -006, -019 through -021, -023 through -030, -032 through -034, -037 through -039; 378-212-001, - 004 through -006, -009 through -011, -016 through -019, -024 through -028, -031 through -035, -037 through -040; 378-213-003 through -010, -013, -014, -017 through - 025, -029 through -033, -036, -039 through -042; 378-214-001 through -006, -013 through -033; 378-221-001 through -003, -010 through -015, -019 through -024, -027 through -040; 378-222-002, -005 through -025. -028, -029, -031 through -033; 378-223- 001 through -008, -012 through -021, -027 through -047, -050, -051, -064, -070 through -076, -079, -081, -082, -084 through -088; 378-224-001 through -005, -009 through - 019, -023 through -027, -029 through -056, -059 through -061, -064, -065; 378-231-001 through -013, -021 through -025, -031 through -048, -051 through -055; 378-232-001 through -008, -010, -013, -014, -019 through -022; 378-233-008, -009, -012 through - 019, -021 through -023; 378-234-001 through -004, -009 through -011, -014, -017 through -020, -025 through -031, -033, -034; 378-235-001 through -004, -013 through - 015; 378-241-001 through -009, -014 through -018, -021 through -035, 378-242-001 through -006, -008, -012,-014 through -016, -019 through -022; 378-243-001,-006 ORDINANCE NO. 2014 - PAGE 8 of 10 through -009, -012 through -014, -017 through -024, -026 through -029; 378-244-002 through -008, -011, -014 through -017, -019 through -022; 378-245-003 through -026; 378-251-001 through -014, -017 through -024, -029 through -046; 378-252-002 through -011,-014,-018;378-253-001through -004,-007through -015,-022 through -026;378- 254-006, -009, -010, -012, -013, -019 through -025, -028 through -030, -034 through - 039, -045 through -053, -057, -059, -061, -063 through -065; 378-255-001 through -007, -009, -010, -013, -014, -017 through -023, -027 through -029, -033 through -037, -042 through -048; 378-261-005 through -013, -018 through -026, -030, -034, -036, -038, - 041, -042, -045 through -047, -049 through -051; 378-262-001 through -005, -007 through -016, -019, -022, -025 through -028, -036 through -056, -059, -060, -062 through -066, -068, -069; 378-263-001 through -012, -016 through -030, -032; 378-264- 001 through -006; 378-271-001 through -012, -014 through -029, -034 through -044; 378-301-007 through -013, -015 through -020; 378-302-009 through -021, -024; 378- 303-001 through -005, -007 through -012, -017 through -019, -021, -022, -024 through - 026; 378-304-001 through -009, -013 through -019; 378-311-004 through -007,-016 through -018, -021, -022, -028 through -030, -034 through -039, -041 through -044;378- 312-009 through -014, -017, -018, -021 through -030, -035, -038, -039; 378-313-006 through -015, -018 through -021, -027; 378-314-007 through -015, -017 through -024 from R1 Single Family Residential to RH Hillside Single Family Residential; and Assessor's Parcel Nos. 378-144-001 through -003, -005 through -012; 378-156- 001, -007, -008, -011 through -013, -020 through -029, -033 through -039, -041 through -043, -045 through -048, -052 through -055, -058 through -069, -076 through -083, -085, -086, -089 through -093 from R2 Medium Density Residential to RH Hillside Single Family Residential; and Assessor's Parcel Nos. 378-147-001 through -027; 378-157-001 through -007, - 010 through -042, -045 through -061; 378-158-003, -004, -009, -010; 378-272-001 through -019, -024 through -041, -043 from R3 High Density Residential to R2 Medium Density Residential; and Assessor's Parcel Nos. 378-305-001 through -003 from C1 Neighborhood Commercial to RH Hillside Single Family Residential; and Assessor's Parcel Nos. 378-264-008 through -012, -014, -022, -028, -029 from R3 High Density Residential and CP Commercial Park to CO Commercial Office; and Assessor's Parcel Nos. 378-311-001 and -002; 378-312-002, -003, -033, -034, - 040 and -041; 378-313-022 through -026; 378-314-003 through -006 and -025 from R1 Single Family Residential to C1 Neighborhood Commercial; As shown on Exhibit'E.' SECTION 5. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such ORDINANCE NO. 2014 - PAGE 9 of 10 invalidity shall not affect the other provisions of this Ordinance and are thereby declared to be severable. SECTION 6. 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 the twenty-third day of September, 2014. Natasha Johnson, Mayor City of Lake Elsinore City Council ATTEST: Virginia J. Bloom, CMC City Clerk APPROVED AS TO FORM: Barbara Leibold City Attorney City of Lake Elsinore ORDINANCE NO. 2014 - PAGE 10 of 10 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2014- was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the twenty-third day of September, 2014, by the following roll call vote: AYES: NOES: ABSENT: Virginia J. Bloom, CMC City Clerk ✓/ O1 a O) C a K K K U U a 6 c O Ta a G N N N N a N 0 T a c v a N _ G N 3 _ a s � 9 O U a N E E C O — C N U N E T U N U N O U L O E5 v E p U W U S N x N c m m a c O C LL U O 9 'W Z F N a N m U E E E _ .T U O U a N E E C O — C O s O O O> c a J N NN z C7 O a 2 LL O � U N U a LL a (n ��zz t and b3n�o� uj o_ co o a~ z a (1) ti W w U CO 7>/b8 W '1S dN3( VSVd U w m 2 LAKE LSI N0RE CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: Honorable Chairman And Members of the Planning Commission FROM: Richard J. MacHott, LEED Green Associate Planning Manager DATE: September 2, 2014 SUBJECT: Consistency Zoning Project — Phase IV, including the following items: General Plan Amendment No. 2014-02, Add The R -H Hillside Single - Family Residential Zone as a Compatible Zone in the Hillside Residential Designation on the General Plan/Zoning Compatibility Matrix (Appendix B); Change the General Plan Land Use Map Figure 2.1a to Show Properties Developed with Existing Water Tanks and Facilities Owned by the Elsinore Valley Municipal Water District as "Public/Institutional;" and Change the Land Use Designation of Existing R -E Estate Single Family Residential Zoned Property in the Country Club Heights District to "Low Density Residential" to Accurately Reflect Existing Uses and Density; and Zone Change No. 2014-04, Known as the Consistency Zoning Project, Phase IV, Change the Zoning of Various Parcels in the Riverview and Country Club Heights Districts of the City to Zones Consistent with the General Plan Designations Therein. Recommendation Staff recommends that the Planning Commission take the following action: 1. Adopt Resolution No. 2014- ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending that the City Council of the City of Lake Elsinore Approve General Plan Amendment No. 2014-02 as Part of the Consistency Zoning Project, Phase IV. 2. Adopt Resolution No. 2014- ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending that the City Council of the City of Lake Elsinore Approve Zone Change No. 2014-04, Known as the Consistency PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING, PHASE IV: GPA 2014-02, ZC 2014-04 September 2, 2014 Page 2 of 4 Zoning Project — Phase IV, Changing the Zoning of Various Parcels in the Riverview and Country Club Heights Districts of the City to Zones Consistent with the General Plan Designations Therein. Background The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011. Since then, the City Council has approved Consistency Zoning for all Commercial and Residential Mixed Use parcels, all High Density Residential parcels, and the Business, East Lake, North Peak and Lake View Districts. Project Description The City now proposes Phase IV of the Consistency Zoning Project, bringing the Official Zoning Map of the City into conformance with the adopted General Plan for the Riverview and Country Club Heights Districts. Discussion & Analysis Notification and Community Meetings On March 7, 2014, Staff mailed over 800 notifications to property owners or residents in the Riverview District. The notification invited property owners to attend a Community Meeting on March 20, 2014 at the Senior Center to meet Staff and hear about the Consistency Zoning Project, to obtain detailed information on the zones proposed, and to voice their concerns and ask questions. The notification/invitation letter is Attachment 4 to this Staff Report. Subsequent to the mailing, Staff received approximately 25 phone and e-mail inquiries and front counter visits. Approximately 12 people attended the Community Meeting, and Staff addressed all questions that were asked. Similarly, on July 1, 2014, Staff mailed over 2,500 notifications to property owners or residents in the Country Club Heights District. Staff fielded over 100 phone, email and front counter inquiries, and over 50 residents/owners attended the July 17, 2014 Community Meeting held at the Cultural Center. The R -H Zone as Compatible with the Hillside Designation The Riverview and Country Club Heights Districts both contain a development anomaly - very small, narrow, legal parcels often on hilly terrain, dirt roadways, and with no or inadequate utilities. In both Districts, the General Plan has designated a large portion of the parcels as Hillside Residential. However, the R -M -R Rural Mountainous Residential Zone is the only zone compatible with this designation according to the Compatibility Matrix (Appendix B of the General Plan). Clearly, compliance with the RMR development standards would make most parcels undevelopable. PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING, PHASE IV: GPA 2014-02, ZC 2014-04 September 2, 2014 Page 3 of 4 Staff believes that the R -H Hillside Single Family Residential Zone provides an opportunity to develop single family residences on most parcels, while recognizing hillside constraints and minimizing disturbance of the environment. Furthermore, in Section 17.72.050 - Lots of Record, adjacent parcels under the same ownership are required to be "combined to meet the minimum required lot area (12,000 square feet) or to more closely conform to the required lot area." In many cases, property owners already recognize the infeasibility of building a home on a 30 -foot wide lot, as well as percolating a septic system on small, hilly lots. Therefore, Staff recommends that the R -H Zone be added to the General Plan/Zoning Compatibility Matrix in the Hillside designation, as shown on Exhibit 'A,' for General Plan Amendment 2014-02. Correspondence Staff received two letters from Riverview owners supporting the R -H Zone, from Joe Wulff and Joel X. Cabrera. Staff also received a letter from Country Club Heights property owner Fred Morgan supporting Staff's recommendation. Lastly, Staff received an email from owner and developer Jim Moore detailing his concerns. All correspondence are attached to this Staff Report. Elsinore Valley Municipal Water District (EMVWD) A major property owner in the Country Club Heights District is the EVMWD. While a few of their holdings are developed with water tanks, facilities and access roads, most of the properties are vacant. Staff met with EVMWD in August notifying them of the pending Consistency Zoning Project. Northwest corner of the Country Club Heights District Phase IV covers a recommended "cleanup" change to the General Plan to recognize the existing residential subdivision at the northeast corner of Dryden and Lakeshore Drive developed under the existing R -E Estate Single Family Residential Zone. Because the R -E Zone is not consistent with the General Plan designation of Low Medium Density Residential, Staff is recommending that the designation be changed to Low Density Residential. This change is shown on Exhibit'B,' General Plan Amendment No. 2014-02. Zone Change No. 2014-04 The proposed zone changes to make zoning compatible with the General Plan designations in the Riverview and Country Club Heights Districts are shown in two exhibits, 'D' through 'H.' These exhibits indicate existing zoning, the General Plan designation, and proposed zone change only. To view the entire Riverview and Country PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING, PHASE IV: GPA 2014-02, ZC 2014-04 September 2, 2014 Page 4 of 4 Club Heights Districts proposed zones, please see the overall exhibit for Zoning Consistency. All color and enlarged 11 X 17 exhibits are provided as Attachment 3. Environmental Determination The City certified a Recirculated Program Environmental Impact Report (RP-EIR) for the update to its General Plan. The proposed General Plan Amendment No. 2014-02 and Zone Change No. 2014-04 to the City's Official Zoning Map implements the General Plan update, applying appropriate zoning districts compatible with their land use designations. No additional environmental review is required. Prepared by: Carole K. Donahoe, AICP Project Planner Approved by: Richard J. MacHott, LEED Green Associate Planning Manager Attachments: 1. Resolution No. 2014- recommending that the City Council approve General Plan Amendment No. 2014-02 known as the Consistency Zoning Project — Phase IV. a. Exhibit'A' — Proposed Revised Compatibility Matrix b. Exhibit'B' — EVMWD Water Tanks and Facilities c. Exhibit 'C' — Country Club Heights Existing Residential -Estate Neighborhood 2. Resolution No. 2014-_ recommending that the City Council approve Zone Change No. 2014-04, known as the Consistency Zoning Project — Phase IV, changing the zoning in the Riverview and Country Club Heights Districts. a. Exhibit 'D' — Riverview District b. Exhibit 'E' — Country Club Heights District 3. Color 11 X 17 Exhibits (Separate Cover) a. Exhibit'A' — Proposed Revised Compatibility Matrix b. Exhibit'B' — EVMWD Water Tanks and Facilities c. Exhibit'C`— Country Club Heights Existing Residential -Estate Neighborhood d. Exhibit'D' — Riverview District e. Exhibit 'E' — Country Club Heights District 4. Property Owner Notification/Invitation Letters dated March 7, 2014 and July 1, 2014 5. Correspondence: a. Joe Wulff letter dated February 25, 2014 b. Joel X. Cabrera letter dated March 31, 2014 c. Fred Morgan letter dated July 20, 2014 d. Jim Moore email dated July 11, 2014 '�yF aln4z �, Agenda Date: 9/23/2014 In Control: City Council Agenda Number: 10) City of Lake Elsinore Text File File Number: ID# 14-294 Version: 2 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 911812014 CITY OF LADE 9 LSINORE %M DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: SEPTEMBER 23, 2014 SUBJECT: Approval of Animal Control Field Services Agreement Recommendation It is recommended the City Council approve the proposed Animal Control Field Services Agreement and authorize the Mayor to execute the agreement between the City of Lake Elsinore and Animal Friends of the Valleys, subject to any minor modifications approved by the City Attorney. Background The City of Lake Elsinore has contracted with Animal Friends of the Valleys (AFV) to provide a full range of animal control services for the purpose of safeguarding the health and safety of the population of the City and its domestic animals for approximately 26 years. This includes both animal control sheltering and field services, which are governed by separate agreements. The City's existing agreement for animal control field services expired June 30, 2014 and has been extended on a month-to-month basis. The City's animal sheltering services are covered by a separate agreement with the Southwest Communities Financing Authority. In 2011, the City began making base monthly payments to AFV over the term of the field services agreement. As a result, AFV remits all City animal license fees, late charges and citation fees to the City. The proposed agreement was reviewed and recommended for approval by the Public Safety Advisory Commission on June 18, 2014. At that time, minor changes were proposed and have been incorporated into the agreement. These changes included requiring additional reporting and/or supporting materials related to the remittance of license fees, penalties and bail amounts to the City. Animal Control Field Services Agreement September 23, 2014 Page 2 of 3 Discussion On August 26, 2014, the City Council voted to postpone a vote on the proposed Animal Control Field Services Agreement. At this time, the City's existing contract was extended on a month-to-month basis. The Mayor has requested that this agreement be brought forward again to the City Council for consideration in order to move forward with expanding existing animal control field services and to ensure continuity in service. The dates in the attached Animal Control Field Services Agreement have been updated appropriately. No additional changes have been made to the agreement since it was presented to the City Council in August. The proposed animal control field services agreement includes a variety of services, as outlined in Exhibit A of the agreement, including eight (8) hours of active animal control officer patrol hours per day, after hour calls, licensing, mileage, and vet services. Currently, the City contracts with AFV for five (5) hours of animal control field services per day. AFV believes this is inadequate to provide the service needed in our rapidly growing City and has recommended the City consider increasing its field service hours to 12 hours per day. However, due to the cost associated with increased field service hours, staff is proposing the addition of three (3) hours per day for a total of eight (8) hours per day at an additional cost of $4,940 more per month. The increased service hours will allow AFV to provide a more proactive approach to lowering the number of animals coming into the shelter through increased animal field services such as canvasing and education in the field. Under the agreement, all license fees, late charges and citation penalties collected by AFV will be remitted directly to the City on a monthly basis. The term of the Animal Control Field Services Agreement is for three (3) years from July 1, 2014 through June 30, 2017. The proposed costs will increase by 2.5 percent per year. The attached agreement is currently in draft form and any minor revisions must be approved by the City Attorney's office. The City currently has three different agreements regarding animal control. This year, the City is seeking ways to reduce its high costs for animal control in the long-term. In an attempt to do so, the City is participating in a Regional Coordinated Marketing Program, additional contracted animal control hours and reduced licensing fees effective July 1, 2014 to help promote improved animal control measures within the City. As part of the Regional Coordinated Marketing Program, the Southwest Communities Financing Authority's member agencies are leveraging existing resources to educate and Animal Control Field Services Agreement September 23, 2014 Page 3 of 3 increase public awareness throughout the region about important pet ownership measures including licensing, spay and neutering, and microchipping to reduce pet overpopulation and adoptable euthanasia. As part of these efforts, the City has allocated $10,000 for free spay and neuter vouchers and $2,500 for reduced cost microchipping. AFV is matching these allocations. Fiscal Impact The City budgeted $835,427 for Fiscal Year 2014-2015 for animal control sheltering and field services. This approved budget included the additional costs for increased animal control field services hours. The proposed cost for the next three years is as follows: Fiscal Year 2014-2015: $19,640.00 per month beginning October 1, 2014 Fiscal Year 2015-2016: $20,131.00 per month ($241,572 annually) Fiscal Year 2016-2017: $20,634.28 per month ($247,611 annually) Prepared by: Nicole Dailey, Management Analyst Approved by: Grant Yates, City Manager Attachments: Animal Control Field Services Agreement ANIMAL CONTROL FIELD SERVICES AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND ANIMAL FRIENDS OF THE VALLEYS, INC. THIS ANIMAL CONTROL FIELD SERVICES AGREEMENT (the "Agreement") is dated for identification purposes only as of September 23, 2014, by and between the City of Lake Elsinore, a municipal corporation ("City") and Animal Friends of the Valleys, Inc., a California nonprofit corporation ("Contractor"). RECITALS A. The City desires Contractor to provide a full range of animal control activities for the purpose of safeguarding the health and safety of the population of the City of Lake Elsinore and the health and safety of its domestic animals, and for the purpose of promoting the humane treatment of animals and the stimulation of public support for enforcement of City ordinances relating to animal control. B. Contractor has the ability to provide such services; AGREEMENT In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. The term of this Agreement shall commence on October 1, 2014, and shall remain in effect until June 30, 2017, unless sooner terminated pursuant to the provisions of this Agreement (the "Term"). 2. SERVICES. Contractor shall perform the services and tasks described in the Scope of Services as set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. 3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of its ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. REVENUE AND PAYMENT. a. Fixed Monthly Payment to Contractor. In consideration of the Contractor's performance of the services as provide herein, the City agrees to pay Contractor a Fixed Monthly Payment as follows: Fiscal Year 2014-2015: $19,640.00 per month beginning October 1, 2014 Fiscal Year 2015-2016: $20,131.00 per month ($241,572 annually) Fiscal Year 2016-2017: $20,634.28 per month ($247,611 annually) b. Additional Work by Contractor. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in Animal Field Services Agreement - Updated Sept. 2014CC FINAL addition to those set forth herein, unless such additional service qualifies for reimbursement under one of the following: (i) Additional work authorized in advance and in writing by the City Manager. Contractor shall be compensated for such additional services in the amounts and in the manner as agreed to by City Manager and Contractor. The City Manager may approve additional work up to Ten Thousand Dollars ($10,000.00) annually. Any additional services in excess of this amount shall be approved by the City Council. (ii) Additional work at the specific request of the City Manager, his or her designee, and/or a law enforcement or fire protection official during an emergency situation. Contractor shall be compensated for such additional services at rates consistent with the provision for services herein and Contractor's actual costs. (iii) Additional work necessitated by unforeseen non -emergency circumstances that, in the best professional judgment of Contractor, require an Animal Control Officer to work more than the scheduled 8 hours per day in order to address matters of public need or for the sake of efficient administration of the services as provided herein. Such non- emergency additional work shall not exceed $11,700 in Fiscal Year 2014- 2015, $12,000 in Fiscal Year 2015-2016, and $12,300 in Fiscal Year 2015-2016. C. Billing. Contractor will submit invoices monthly for services performed, which should include a summary of the services provided each month. Invoices shall be submitted between the tenth and twentieth business day of each month for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. d. Remittance of Licensing Fees, Bail for Citations, and Penalties to City. Contractor shall be responsible for collecting all animal licensing fees (as set forth in Animal Control Fee Schedule, Exhibit B, and as may be amended by the City), bail collected in connection with the issuance of citations by Animal Control Officers (as set forth in the Lake Elsinore Municipal Code and as may be amended by the City), and penalties as related thereto. Contractor shall remit all such monies to the City on a monthly basis and shall refer all appealed citations to the City for further administration in order to assure compliance with applicable due process and State laws. Monthly remittances shall include supporting documentation such as a register, subsidiary ledger and/or listing for each of the major revenues including licensing fees, penalties and citation amounts collected. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall cease all work under this Agreement at the end of the ten (10) day notice period, unless the notice provides for a later date. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. 2 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. DEFAULT OF CITY. If the Contractor determines that the City is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the City with written notice of the default. The City shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the City fails to cure its default within such period of time, the Contractor shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of 3 providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 51 (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the 5 City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 6 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Lake Elsinore ATTN: City Manager 130 South Main Street Lake Elsinore, CA 92530 (951)674-3124 To Contractor: Animal Friends of the Valleys ATTN: Executive Director 33751 Mission Trail Wildomar, CA 92595 (951)674-0618 15. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 16. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Lake Elsinore In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Lake Elsinore shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during its tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Lake Elsinore has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 7 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. The attached Exhibits A through E are incorporated herein. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates as written below. Date: Attest: Virginia Bloom, City Clerk Approved as to Form: Barbara Leibold, City Attorney Date: Date: N CITY: CITY OF LAKE ELSINORE, a municipal corporation Natasha Johnson, Mayor CONTRACTOR: ANIMAL FRIENDS OF THE VALLEYS, a California nonprofit corporation so sm Kristine Anderson, President Name: Its: Secretary EXHIBIT A SCOPE OF SERVICES 1. Services To Be Provided. Contractor shall operate a complete animal control program for the City consisting of field services and licensing. Contractor will provide one Animal Control Officer and a fully equipped vehicle for the City of Lake Elsinore's animals. Except as provided under Section 4b of the Agreement, the Animal Control Officer will be serving the City of Lake Elsinore 8 hours per day, 5 days per week. In the conduct of this program, Contractor shall perform the following specific functions: (a) Enforcement. Enforce applicable provisions of the Lake Elsinore Municipal Code (Animal Control) as it exists on the date of this Agreement pertaining to animals, including the issuing of warning notices or citations as necessary for violations of such Ordinances. In the event the Municipal Code is amended and the amendments would substantially alter the duties and responsibilities of Contractor under this Agreement, the parties hereto agree to meet and in good faith renegotiate those terms and conditions of this Agreement affected by such amendments. (b) Impound. Impound all animals caught at large. (c) Quarantine. Quarantine as prescribed by law all animals suspected to be rabid. (d) Complaint Investigation & Resolution. Investigate and pursue action on complaints and/or reports of potential violations of Municipal Code relating to animals, including unnecessary noise, in accordance with such procedures adopted by the City; respond to requests from the fire and law enforcement provider for assistance with animal related situations. (e) Dead Animals. Remove dead animals from the public right-of-way within City limits and from other areas upon request. (f) Potentially Dangerous/Vicious Animals. In accordance with the Lake Elsinore Municipal Code, identify potentially dangerous and/or vicious animals and initiate the administrative or legal process for their control. (g) Trapping & Removal. As limited by subsection (b) above, respond to requests for assistance in the trapping and removal of domestic or wild animals, including coyotes and skunks, from public or private property. Contractor will offer advice in setting a trap in any enclosed space and will remove an animal caught in a trap, but shall not be required to move belongings, climb trees, crawl under houses, or so forth, or to maintain on -premises surveillance unless in the Officer's or his or her supervisor's opinion there is a direct, clear and present danger to human life or injury. Contractor will provide traps but will not be required to provide vector control. Contractor shall charge a fee for traps. (h) Dog and Cat Licensing. (i) Contractor shall administer the current licensing provision of the Lake Elsinore Municipal Code, consistent with the fee schedule and canvassing protocol as provided in Exhibit B and Exhibit C. (ii) Dog and cat licenses shall be issued by mail, at the Animal Shelter, at Contractor's administrative office, at vaccination clinics and by Animal Control Officers in the field. Contractor shall send renewal notices by mail to owners of currently licensed dogs and cats, and shall send an application for licensing when requested by owners. (iii) Contractor shall, at Contractor's expense, provide the forms and tags for such licenses, and shall affix a professionally prepared sign at the Animal Shelter, stating applicable fees for licensing for the City. (iv) Contractor shall collect all license fees and penalties on behalf of the City, issue receipts for all such fees collected and keep copies thereof. (v) Contractor shall pursue collection, if appropriate, to recover any fraudulent, delinquent or worthless payment received as payment for dog licenses issued, including reasonable late fee penalties as provided in the Fee Schedule. (vi) Contractor shall cancel any dog or cat license issued for which invalid payment was received, and give notice of such cancellation to the licensee. (vii) Contractor shall maintain such records in such form as required by the City's Director of Administrative Services so as to provide for proper cash management and for review and audit of the monies collected. Contractor shall furnish the City a monthly report detailing the licensing activities. (i) Animal Bites. Investigate reported animal bites. Contractor may initially receive animal bite reports by telephone, but also shall respond in person to all reported bites by dogs or other suspected rabid or wild animals. Contractor shall take appropriate steps consistent with the circumstances of each separate incident to locate and quarantine the suspected animal(s) and/or assist the complained and/or injured party or parties to trap the suspected animal(s). (j) Reserved. (k) Clinics. Make all necessary arrangements and conduct at least two (2) one -day clinics for rabies vaccination and licensing of dogs each year which are open to City residents and which may be located in the City, and following the vaccination protocol set forth in Exhibit D. (1) Field Services. Assign one field service officer appointed as Animal Control Officer as provided in Paragraph 1. Routine field services will be provided as necessary within the hour limitation of this Agreement. The numbers of hours per week include, but are not necessarily limited to routine mobile patrols, investigative and rescue time, court appearances and impoundment of dangerous, wild, injured or loose animals. CONTRACTOR shall assign a sufficient number of field service employees to duty at all times to meet the requirements of this Scope of Services and shall provide such services consistent with the priority of services set forth in Exhibit E. Contractor shall provide service of eight (8) hours per day during such hours as approved by the City Manager. Telephone service for members of the public shall be not less than eight hours per day on a schedule approved by the City Manager. Unless otherwise determined by the City Manager, the following hours are deemed approved by the City Manager: Field Service 8:00 a.m. to 4:45 p.m. Mon -Fri Telephone Answering Dispatch 8:00 a.m. to 4:00 p.m. Mon -Fri Emergency response shall be available 24 hours per day; seven days per week as described in subparagraph (m). Contractor shall advise fire and law enforcement authorities serving the City of Lake Elsinore of the telephone numbers to access its services and shall cooperate with such authorities in developing the procedures necessary to provide after hours services. . (m) After -Hours. Provide a field service person either on duty or on call after regular hours as necessary to respond to emergency calls. The City and Contractor agree that any incident reported to Contractor or City staff, through the fire or law enforcement provider involving a dangerous, wild or stray injured animal, constitutes an emergency and requires immediate action by Contractor. When the City Manager or his or her designee has reason to believe that an animal control emergency exists, the Manager or his or her designee shall notify Contractor and request a prompt response. If Contractor fails to respond to such request within a reasonable time or fails to respond at all, the City shall request in writing that Contractor send to the City a written explanation giving the reason(s) for the delay in responding or the failure to respond. Contractor's written explanation shall be submitted to the City Manager within two (2) working days from the date of the request for emergency service. The Agreement and the provisions herein shall not be construed to limit the interpretation of what constitutes an emergency and/or the need for a priority response. The following examples are illustrative of the need for an immediate response from Contractor. (1) Requests to remove a wild, dangerous or injured animal or animals from an inhabited place or vehicle; (2) Reported animal bites involving loose animals; and, (3) Livestock, fowl or game birds being attacked or killed by dogs or other animals. (n) Public Relations. Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, Contractor in processing any type of complaint or request for service will indicate to the caller when a response can be expected from Contractor and how Contractor will respond. In the event an in-person response is appropriate to the specific situation, Contractor shall make such response by the end of the following business day. This provision shall be subordinate to shorter time limits specified elsewhere in this Agreement. (o) Complaints Regarding Service. Cooperate with the City to resolve any and all complaints filed with Contractor and/or the City pertaining to services provided under this Agreement. The City shall submit to Contractor in writing all complaints filed with the City concerning services provided by Contractor under this Agreement. Contractor shall report monthly in writing to the City the number of complaints received by Contractor directly or indirectly through the City pertaining to quality of service(s) provided under this Agreement. (p) Legal. Coordinate as may be reasonable necessary with City and City Attorney any inspection warrants impounds or potential dangerous/vicious animal hearings or court actions. (q) Records. Maintain and keep timely, complete and accurate records of the receipt and disposition of all animals delivered into its custody. Contractor will file a report with the law enforcement provider within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen. Contractor shall indicate on the police report the circumstances of the animal's disappearance and make available to the City Manager the designated report or file number. (r) Communications Equipment. Contractor agrees to provide radio equipment and frequency as necessary for effective performance of its obligations hereunder and in order to provide law enforcement backup for its field personnel. (s) Other Equipment. Contractor shall provide all vehicles and equipment necessary for the performance of this Agreement and shall be responsible for maintenance of such vehicles and equipment, including the installation and removal of the paging or radio equipment described in Paragraph (q) of this Section. Contractor shall be responsible for all costs relating to theft, vandalism, or destruction of said equipment by fire, accident or intentional acts. (t) Personnel & Supplies. Contractor shall provide all personnel, supplies, and equipment necessary for the efficient and effective operation of the animal control services and programs provided for herein, including, but not limited to Animal Control Officers, clerical staff, license tags and forms, citation forms, notices and all necessary envelopes and postage. Animal Control Officers will complete the required animal control training program, or its equivalent, and such other training as may be required by law, before being issued a badge and given the authority to perform Animal Control duties. Contractor shall provide citations and door tags. (u) Attendance at Meetings. Provide input and coordination on amendment of City animal control fees and ordinances and shall attend City Council and other City meetings as required or requested to do so. 2. Coordination. Contractor's Executive Director and the City Manager shall meet as agreed to discuss Agreement performance. 3. Reporting. (a) Contractor shall furnish the City monthly reports detailing field, licensing and related animal control activities, including a summary of the utilization of field service employees' hours required in Section 1 above and the records required by Section 1(P). (b) Contractor shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles. Such records shall be maintained by Contractor for a minimum of four (4) years following the termination of this Agreement unless a lesser period is approved in writing by the City Manager. The records and/or animal control operations of Contractor shall be open to inspection and audit by the City or its authorized representative as is deemed necessary by the City upon reasonable notice to Contractor. Contractor shall provide the City a copy of Contractor's full Annual financial statement immediately upon completion thereof, but in no case later than six (6) months after the close of each fiscal year. 4. Additional Services/Programs. programs on a continuing basis: (a) Public School presentations Contractor shall also implement the following (b) Spay/neuter subsidy programs for low income persons (when funds are available) (c) Ordinance review and changes aimed at ending pet overpopulation (d) Animal Rescue Plan for domestic animals during disaster (e) Humane Officer Services 5. In addition, Contractor will consult with the City on any policy/procedure that affects Lake Elsinore animals, which shall be approved by the City Manager prior to implementation. EXHIBIT B ANIMAL CONTROL FEE SCHEDULE Contractor shall utilize the following fees and charges consistent with Section 6.04.020 of the Lake Elsinore Municipal Code: DOC LICENSE FEES CANYONLNiE LAKEELSINORE MURRIETAI 7EMECULA MLDOMAR MENIFEE COUNTY Altered 1 year $15.60 515.00 $20.00 52500 $50.00 sloo.0o 3150.00 55.00 $10.00 592.00 $20.00 316.00 35.00 S6.00 510000 $100.00 $15.00 $15.0-7 $15,00 $8 on WA, Atered 2 year $20.330 32000 $20.UG $23.00 $15aff N.A. Altered 3 year $25ii0 $25.00 $25.0-0 $25.00 $I9.@13 NlA. Unaltered 1 year $50.90 $50.00 $3$.03 $53.00 $50.03 Nl.A Unaltered 2year $ UD_Go $100.00 $70.GG $1 MOO $100:00 NIA Unaltered 3year $SSt 00 S150OG $105.90 $150.00 $150flu N!A Senior Citzen iAltered 1 year $6.3G $800 $SGO $6.0o $6.0C NIA Senior Citzev Altered 2year $1 U.6A 510.00 $-m.m $10.00 $7.00 N!A Senior Citzen' Altered 3 year $12.30 512.00 $12.0D $1200 $8 -OD N!A Late PenaF<. $20M 320.00 $20.00 $20,00 $20 C5 WA Late Penalty Senior/Altered $15,13G $15,00 $15.G^G $15.00 $15.39 WA. aransfer $&Go 82.00 $2,UD $&00 $6.00 NIA Duplicate $6.G6 $6.00 $6.613 $6.00 Wall N!A Pat. dangerous reg. -annual $75SO $0.00 WOO $100.00 $100.£0 W. strafion-annual $3t4j.txj 414101; 1 $0.00 $0..30 $100.00 $10U.00 N!A SCAT LICENSE FEES CANYONLAKE~ LAKE ELSINORE MURRIETA 7EMECULA WILDO1W MENIFEE COUNa eced year WA 55,0D 510.00 515.00 550.00 51o0A0 5150.00 $5.00 56.00 37.00 NIA A .-1 7 77. Atered 2 year NIA NIA NTA NIA NIA NIA. Altered 3 year NIA. N/A WA WA NIA NIA, Unaltered 1 year NIA N/A WA 111A NiA N!A Unaltered'2,ear NIA NIA WA WA NIA NIA Unaltered 3 year NIA NIA WA. 'N"A. NIA N!A Senior Citzen 7Altered 1 year WA NIA Wil. N?A NIA, N?A Senior CitfzeN Altered 2 year N NIA NIA WA NIA NYA. Senior Citzen' Altered 3 year WA NIA NIA tUA n' A N!A IMFIOUNIJ CANY0 tAFCE LAHEELSINORE MURRIE7A TEMECULA WILDOMAR MENIFEE COUNTY Dog Allered-1 st t me Si3oM 81o000 W.00 360.00 5100.00 $40.00 360.00 $100.06 $4000 $60.00 5100.00 SQo00 340.00 $80.00 �ha.00 $100.00 S 120 35000 310900 3'120.00 u _ s40.ULI Dog Altered -2nd time $60'X 530.00 $30,139 $66.00 $60.a3 $41.00 Dog Aatered-3rdttime $IMCO 340.00 $40.06 $100.90 $1oacc, $15900 Doo Unaltered- let time $40.9.0 530.00 $30.00 $40.00 $40 CD 5x0.00 Dog Unaltered -22nd tine $60,00 540.00 W.GID $63.00 $6&C -a 540.00 Dm Unaltered -3rd time $1=.6D-00 $50.00 $50.03 $1£0.00 MOLD $150.00 Cat Aitered-i ttins: $40.00 $20,00 $20.GG $40.00 T,40 CD 540.00 Cat Altered -2nd time $60.20 S30.00 $30:03 $E000 $60.00 $x.00 Cat Altered-3rdtthe $100.07 54000 $40.00 $100.00 $100 CO $150.00 Cat Unaltered-Isttime$40:30 S3o.00 $30.09 $40.00 $4003 530.00 Cat Unaltered -2nd time $60.00 540.00 $40.£0 $60.00 $601.3 $ 0,00 Cat Unaltered -3rd time $-GC_£3 550.00 $50:00 $133,00 $100.£3 $150.00 Citiu+n 520.00 $20.£3 $13,00 $13-36 520.00 2. sx Citi. v6A*e d-,raEme $2000 $3000 $30.13 $23.00 S20.CG 5-75.00 ;:. w Cit; sw'Alts- d3r tirr. $4500 $40.00 $40013 $45.00 $45-H `=75.00 1 i_vs;D.c .z.uslst+tW $?00_£io S50.00 $50.03 MOO TO DC 33.00 V ,a .Da,,ruus-2,d+IMP $100.00 $7500 $75,CC 50,00 $0.0- X5.06 Uciox; nac :Tus-2rd+RAP $100.{15] $100.00 $100.1.07 531.00 $O.OG 311.00 Noi,y Anima( - ',,,5t time sag-, 80.00 SO GD 52.00 $O.OG SC.oO tJoisy Anima! -2nd lin 30.00 5,000 30.69 36.x0 $0.30,3 ?;_a0 Alois! Ar�irnai - 3rd time $0.00 St1:00 $0_�, $3.00 s, 0. $u OU EXHIBIT CITY FINES CPKYON LAKE ILAKE ELSINOREI MURRETA I IL12LECUI ML2 11—M 1 NIENIFEE COUNTY STATE FINES4NADDIT]i LAKEELSINORE I MLI)OMAR. MENIFEE COUNTY F�.�ie dog,=. un.,liered -RA; -1st ' JANYONLAKE �fl F,:3 b. U U ffMURRIETA 77= [TEMECULA —777171 I $3b.tu 7= Dogs u �ts $1500 Canin5 altered $80.W S8000 $50,00 $25.0D $as.00 Feline Unaltered $60m S35.00 $30,00 $2�.M, 00 Ral)Nts S45,'00 sif5m S4500 $45.00 $45,00 Coupon Speciat altered $30,CO S3000 S3000 Coupon Special unaltered S40.00 $40,00 S40.DO A�i other specie, see suiMISOr 21 - 50 Os over 1co lI)s S40 OWO 21&3fl $1500 01) 3 RD CFAT ION DAYS TO CORRECT LTC. CITE $500,00 30 S25000 15 $500,03 15 $250M 21 WA N!4, EXHIBIT C CANVASSING PROTOCOL 1. While performing field services officers are to check for current rabies vaccinations for all dogs and cats over the age of 4 months. 2. If the person has been in the City for less than 30 days or if their pet is under 4 months of age, issue a Notice of Violation. This will give the person time to vaccinate and license their pet. 3. If a pet owner is home and has animals that are unvaccinated and unlicensed issue an administrative citation. This will allow 15 days for compliance. 4. If a pet owner is not home but has animals that are unvaccinated and unlicensed issue and post an administrative citation if you know their first and last name. This will allow 15 days for compliance. If you do not know their name, issue and post a Notice of Violation. 5. If a person has received at least 3 Notice of Violations and or administrative citations and has not complied, issue a court citation. 6. Officers and staff need to inform the public of the low cost vaccination clinic that is offered in the Main Street Park in Lake Elsinore on the 3r1 Saturday of each month from 1:30 — 3:30 p.m. 7. Officers and staff need to inform the public of any low cost spay/neuter programs that are currently being offered and refer to low cost clinics. EXHIBIT D VACCINATION CLINIC PROTOCOL Contractor is responsible for applying for the annual permit at the City of Lake Elsinore Contractor's staff will arrange the registration line, licensing line and veterinarian ramp in such a manner as to not interfere with any other event that is occurring at the park. All dogs must be on leashes and controlled by an adult capable of controlling the dog. All cats must be on a leash or confined in a carrier Dog and cat licensing will be available to the public during the clinic Educational material will be available to the public Two "at cost" rabies clinics will be held per year in accordance with state law. Contractor has provided "at cost" rabies vaccinations at every clinic. The rabies shot is currently being offered for $6.00. The clinics are to be held the 3rd Saturday of each month from 1:30 — 3:30 p.m. EXHIBIT E PRIORITY OF FIELD SERVICES An Animal Control Officer will respond to medical emergencies and other emergencies involving danger to humans within 30 minutes or less during regular service hours, Monday through Friday, 8:00 a.m. - 5:00 p.m. and within 60 minutes or less after regular service hours, on Saturdays and Sundays and holidays. Response time to non -emergency calls will be within 24 hours. Barking dog and public nuisance complaints will be handled within 72 hours. Emergency calls - During regular service hours PRIORITY ONE: To be handled immediately. a. Animals endangering health or safety of the public b. Aggressive stray animals at large c. Animal bites, involving animals at large d. Sheriff, police, fire request for emergency service e. Animal cruelty/neglect complaints PRIORITY TWO: a. Sick or injured stray animals b. Animals in distress c. Humane investigation -life threatening d. Livestock or equine at large PRIORITY THREE: a. Dead animals on public property Emergency calls & after regular service hours - To be handled immediately: a. Animals endangering health or safety of the public b. Sheriff, police, fire request for emergency service c. Aggressive stray animals at large d. Animal bites, involving animals at large e. Sick or injured stray animals f. Animals in distress g. Humane investigations- life threatening Non -emergency calls a. Impound of confined stray animals b. Quarantine of confined, owned animals c. Quarantine release of biting animals d. Leash law enforcement e. Permit investigations f. Humane investigation- non life threatening g. 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YATES CITY MANAGER DATE: SEPTEMBER 23, 2014 SUBJECT: MONTHLY PUBLIC WORKS SUMMARY SEPTEMBER 2014 Public Works Street Maintenance August September Pot Hole Repairs 80 Graffiti Removal 238 Storm Drains Cleaned 54 Illegal Dumping Clean-ups _ 10 Signs Installed _ _ 6 Sign Repairs 22 _ Removed Illegal Signs 26 Area Sprayed With Herbicide (in acres) _ 0 Shopping Carts Pick -Ups 10 _ Trimmed Trees Various Locations 11 Drain Inspections 50 Removal of Road Hazards 0 Heatwurx Repair Units 50 _ Vehicle Maintenance _ Vehicle Repairs 13 15 Vehicle Service 8 6 Alignments 0 0 Tire Installation & Repairs 22 26 Equipment Repairs _ 9 _ 2 _Small Service Calls 13 _ 11 Mufflers & Tailpipes 0 0 Body Shop Repairs 0 _ 0 Trailers Repaired 7 _ 8 Batteries & Jump Starts 9 6 _ Vehicle Maintenance _ Boat Repairs 15 12 Heavy Equipment Repairs 2 9 Vehicle Maintenance Program (Fleet 2000) 15 15 Weed Abatement Lots Cleaned 13 47 City Lots Cleaned _ 3 2 Trees Trimmed 65 99 Illegal Dumping Clean-ups 14 14 Replaced irrigation clocks 0 5 Shopping Carts Picked Up 0 2 all Landscaped areas for Major Issues 1 Day_ 2 Days _Checked Removed Illegal Signs 5 7 ENGINEERING DIVISION PUBLIC COUNTER Research Requests 10 5 Plan Checks 10 9 Final Maps 0 2 Grading 6 2 Street Improvement 2 3 Development Review 8 3 Flood Plain Determination 3 2 Bond Release Requests 6 4 Oversize Transportation Permits 6 4 Encroachments Permit Applications 12 15 Encroachment Permit Traffic Issues 4 6 CIP UPDATE Project Project Design Construction Project Status Location - ---- -- - —- Senior Center Sidewalk — -- Senior Center - 50%design Patio furnishings have Improvements completed; been ordered. Slurry Project No. 4424 95% plans seal and re -striping of completed, parking lot anticipated currently for October/November under 2014. review ---__. ----- _ _ McVicker Dog Park __ McVicker Park ____ 100% Scheduled for—start Bids obtained; Pre -con Fence Improvements Complete September/October meeting scheduled for Project No. Z40000 2014 9/18/14. Dog Park equipment on order. Lakepoint Park Lakepoint Park Designed Scheduled for Bids obtained in Electrical Panel in-house October/November September 2014. Staff Project No.4414 2014 evaluating bids. Serenity Park- Skate Serenity Park Concept Conducted public Zone Design workshop on 9/11/14. Project No. 4419 initiated. SOO pre -qualification Anticipated for skate park being for mid prepared. Conceptual October design in progress by 2014 American Ramp Co. completion Whisker's Beach Whisker's 35% 50% Design in progress. Improvements Beach completed; Project No. 4369 50% design in progress anticipated end of September 2014 CIP UPDATE Project Project Design Construction Project Status Location -----. _.. ---------- --- Facilities Master Plan — Citywide RFPs solicited in Project No. Z30000 September 2014; Award PSA in October 2014. Storm Drain Master Citywide RFP being prepared in Plan September 2014. Project No. 120 Proposals to be solicited in October 2014. User Fee Study Citywide Response to Request Project No. Z30002 for Proposals received 9/12/14. Award at Oct 14, 2014 CC. Anticipated completion 3/2015. Development Impact Citywide Response to Request Fee Study for Proposals received Project No. Z30003 9/12/14. Award at Oct 14, 2014 CC. Anticipated completion — ... ---- 3/2015. ------- Gunnerson Street --- Gunnerson — 65%design--- Staff met with Designer Rehabilitation between completed; to review 65% Project No. 4350 Lakeshore 95% in comments in Sep. 2014. Drive and SR- progress Staff will prepare draft 74 plans for NEPA with Caltrans. CIP UPDATE – --- ----------....---- Pro ect Project Design Construction Project Status Location Avenue f Sidewalk and Avenue 7 / RFP for design in Street Improvements Mills Street progress. Solicit RFPs Project No. Z10013 in October 2014. City Monument Signs Lake Elsinore 90% design Plans to be sent to Project No. 4396 review Caltrans for completed encroachment permit in Oct. 2014. Traffic Signal Summerhill/Via 100% 40% completed Construction in Installation Scenica progress. Contractor Summerhill / Via and City resolving Scenica unforeseen site Project No. 4423 -- conditions encountered. -- -- --- -....--- Traffic Sign—_al -- –– Sage at -----.... 100% 96% LED street name signs Installation Canyon Hills to be installed October Canyon Hills/Sage 2014. Road Project No. 4368 l CIP UPDATE Pro ect j Project Design Construction Project Status Location Traffic Signal R i v —er s i a e 85% New development Installation Grand Drive (HWY proposed for Avenue at Riverside 74) @ Grand intersection of Grand Project # 4392 Ave and and Riverside; staff Riverside Dr. coordinating design, (HWY 74) @ right of way and Lakeside H.S. construction requirements with developer and Planning Division. Slurry Seal Project Various streets 100% Construction start Pre-Con meeting Project No. Z10014 citywide 9/22/14 conducted; Submittals in review; Construction start: 9/22/14. Construction end 10/30/14 (paving portion); Substantial completion in November 2014, I-15/Railroad Canyon I-15 @ Roundabout Road Interchange Railroad presentation to CC on Improvements (PAED) Canyon Sept. 9, 2014 with Project No. Z10016 Interchange status update. PAED in progress. Railroad Canyon/I-15 1-15 @ 95% Caltrans approval of Southbound Off Ramp Railroad complete final plans and specs Deceleration Lane Canyon awaiting pending in September Project No. 4432 Interchange Caltrans 2014; CM/Resident RFP approval to be solicited in September 2014 with proposals due in October 2014. Draft PSR RFP being Main Street prepared in Interchange August/Sept. 2014. Project No. Z10017 COMMUNITY SERVICES DEPARTMENT AGENDA REPORT TO: Grant Yates, City Manager FROM: Johnathan O. Skinner, Community Services Director DATE: September 18, 2014 SUBJECT: Community Services Monthly Report PREPARED BY: Vicky Saavedra, Community Services Office Specialist RECOMMENDATION: Receive and file. BACKGROUND: The following provides a summary of the Community Services Department's programs, activities and events for August 2014: VOLUNTEERS We are currently recruiting a total of 30 volunteers for our upcoming Howl -O -Ween event, along with our regular clerical volunteers for City Hall and the Senior Center. The total of volunteer applications submitted for the 2014 year is 67. SKATE PARK Total attendance for the month of August: 523 Skate 155 Scooter 238 BMX 130 Waivers 16 Rentals 5 COMMUNITY CENTER The Brown Bag Food Distribution Event was held on Thursday, August 14 & 28. On Saturday, August 30, the Alcoholics Anonymous had their Sobriety Celebration. SENIOR ACTIVITY CENTER Coffee Club was held on Monday, August 4 with 57 patrons in attendance. "Paws to Give", a reading program from the Lakeside Library distributed goodies to the seniors for their pets. The seniors were very pleased. The Farmer's Market shuttle was successful, with two trips and 12 patrons. It allowed everyone adequate time to shop with the coupons they received from the Office of Aging last month. Robert Snyder, from the Department of Consumer Affairs, Bureau of Automotive Repairs provided valuable information regarding automobile repairs to the seniors. John Campbell, from American Medical Response, did an excellent presentation on heat related conditions and "How to Stay Safe in the Heat." Mobile Fresh, a service provided by the Family Services Association was available to the public on Thursday, August 7, 2014. The workshop on Cholesterol provided excellent information. We offered free Yoga, Tai Chi and Chair Yoga for one week to encourage new seniors to participate. SPECIAL EVENTS National Night Out — August 5, 2014 For this event, the City of Lake Elsinore, Lake Elsinore Police Department & Shore Pointe Equity teamed up to expand this annual event. There was 800 in attendance with 4 food vendors, local organizations with booths, raffles, jumpers and music. Movies in the Park — August 6, 2014 With 300 people in attendance, the families were able to enjoy a showing of "Cloudy with a Chance of Meatballs" at Summerlake Park. Summer Nights in the Park — August 15, 2014 With 30 people in attendance, the families were able to enjoy a showing of "The Creeds" at Canyon Hills Park. Sideway Sundays —August 17, 2014 With 2,000 in attendance, people were able to see cars drift in Parking Lot C of the Storm Stadium. This event brings the "Fast & the Furious" feel to Lake Elsinore. Showdown Car Show & Swap Meet — August 23, 2014 During this event people are able to walls around and browse vintage cars and check out local vendors in Parking Lot C of the Diamond Stadium. There was 250 in attendance. 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'a 5 0 a- I- Ti. 0 .n � { \ \ \ \ \ \ ) ® $ { _ _ _ co ~>1, ) _ � Q . : r »° \ a ° - : %{ * \ \ \ \ \ z \ } \ \ U) al/ _» \ \ t= e \ \ \ \ \ \ \ ) :` § \ / ` _ _ - _^*n / y6) : _6 2 ,: 2 ka5 m � \« E �\ f ©� ` -^ 0 e- ~ /� - ® _\ \{\ � _ _ \\\ �\ \�\ \ a� /j/_ m �(u f/ �z \(( ~t §E 0\ $7» o» \ /\ : ��2 e� ƒ\\` ° 6/ t/ �E% �t 3 O Vi o V ++ 0 M NWA�^- r U o� w H N m t�P 2 Y f O, ti< €z ufi i4 OR • • � r.. k RM r Am .F;; y sa+ � l } • �t 44 3 O Vi o V ++ 0 M NWA�^- r U 3 O Vi o V ++ 0 M 4 r U o� w H N m 0 M Agenda Date: 9/23/2014 In Control: Successor Agency Agenda Number: 1) City of Lake Elsinore Text File File Number: ID# 14-296 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 9/18/2014 ci l Y t:7k r�. ' LAKE LSIN0IkE DREAM I.XTREME REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: Honorable Chair and Members of the Successor Agency FROM: Virginia J. Bloom, Agency Clerk DATE: September 23, 2014 SUBJECT: Approval of Minutes Recommendation It is recommended that the Successor Agency approve Minutes as submitted. Discussion The following minutes are submitted for approval: a. Regular Successor Agency meeting of June 24, 2014 b. Regular Successor Agency meeting of July 22, 2014 C. Regular Successor Agency meeting of August 12, 2014 Prepared by: Diana Giron, Deputy City Clerk Approved and Submitted by: Virginia J. Bloom Agency Clerk Approved by: Grant Yates Executive Director �'.l iY tlr m U)KE (,)LS1I1C>I,E URE AA 1 YI ItI'Ali Tuesday, June 24, 2014 CALL TO ORDER - 7:00 P.M. City of Lake Elsinore Meeting Minutes Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR 7:00 PM Chairperson Johnson called the meeting to order at 9:00 p.m. ROLL CALL LAKE-ELSINOREORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Agency Member Hickman, Agency Member Magee, Agency Member Tisdale, Vice Chair Manos, and Chairperson Johnson. Cultural Centeral Also present: Executive Director Yates, Agency Counsel Leibold, Agency Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Planning Manager MacHott, Public Works Director Damasse, Police Chief Hollingsworth, and Deputy City Clerk Gir6n. PRESENTATIONS -None PUBLIC COMMENTS — None CONSENT CALENDAR ID# 14-194 Approval of Minutes Attachments: SA Staff Rpt Minutes for Approval SA Minutes 5-13-2014 It is recommended that the Agency approve the Minutes as submitted. ID# 14-195 Warrant List Dated June 12, 2014 Attachments: SA RDA Staff Report 06 24 14 Warrant SA RDA summary 06 12 14 Warrant List SA RDA 06 12 14 It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated June 12, 2014. City of Lake Elsinore Page 1 Successor Agency Meeting Minutes ID# 14-196 Biennial Review of the Conflict of Interest Code for the Successor Agency Attachments, SA COI Staff Report 2014 SA COI Reso SA -2014-01 June 24, 2014 It is recommended that the Successor Agency approve and adopt Resolution No. SA -2014-01 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. SA -2013-003 UPDATING THE CONFLICT OF INTEREST CODE. Motion by Vice -Chair Manos, seconded by Agency Member Tisdale, to approve all items identified on the Consent Calendar, the motion passed unanimous vote as follows: AYES : Vice -Chair Manos, Agency Member Tisdale, Agency Member Hickman, Agency Member Magee, and Chairperson Johnson NOES : None ABSENT None ABSTAIN: None PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) - None EXECUTIVE DIRECTOR COMMENTS - None AGENCY COUNSEL COMMENTS - None BOARD MEMBERS COMMENTS - None ADJOURNMENT Chairperson Johnson adjourned this meeting at 9:01 p.m. to the next regularly scheduled meeting to be held on Tuesday, July 8, 2014, at the Cultural Center located at 183 N. Main Street. Lake Elsinore. California. Natasha Johnson, Chairperson Virginia J. Bloom, Agency Clerk City of Lake Elsinore Page 2 �Ir�OI LU)b' E LSIII �� hRLw, s;Al9tbnl! City of Lake Elsinore Meeting Minutes Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, July 22, 2014 7:00 PM Cultural Center CALL TO ORDER - 7:00 P.M. Chair Johnson called the meeting to order at 7:45 p.m. ROLL CALL PRESENT: Agency Member Hickman, Agency Member Magee, Agency Member Tisdale, Vice -Chair Manos, and Chair Johnson Also present: Executive Director Yates, Agency Counsel Leibold, Agency Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Planning Manager MacHott, City Engineer Allison, Police Chief Hollingsworth, and Deputy City Clerk Giron. PRESENTATIONS I CEREMONIALS - None PUBLIC COMMENTS — None CONSENT CALENDAR 1) ID# 14-223 Approval of Minutes Attachments: SA Staff Rpt Minutes for Approval SA Minutes 5-27-2014 It is recommended that the Agency approve the Minutes as submitted. Motion by Agency Member Tisdale, seconded by Vice -Chair Manos to approve the Minutes as submitted passed by unanimous vote as follows: AYES: Agency Member Tisdale, Vice -Chair Manos, Agency Member Magee, Agency Member Hickman and Chair Johnson. NOES: None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 1 Successor Agency Meeting Minutes PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) - None EXECUTIVE DIRECTOR COMMENTS - None AGENCY LEGAL COUNSEL COMMENTS - None AGENCY MEMBER COMMENTS - None ADJOURNMENT Chair Johnson adjourned this meeting at 7:46 p.m. to the next regularly scheduled meeting of Tuesday, August 12, 2014. Natasha Johnson, Chair Virginia J. Bloom, Agency Clerk City of Lake Elsinore Page 2 July 22, 2014 LII y OI' LG3i�E )LSIHORE City of Lake Elsinore Meeting Minutes Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCYMEMBER DARYL HICKMAN, AGENCYMEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINOREORG (951) 674-3124 PHONE CULTURAL CENTER 183 N, MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, August 12, 2014 7:00 PM Cultural Center CALL TO ORDER Chair Johnson called the meeting to order at 7:54 p.m. ROLL CALL PRESENT: Agency Member Hickman, Agency Member Magee, Agency Member Tisdale, Vice -Chair Manos, and Chair Johnson Also present: Acting Executive Director Simpson, Agency Counsel Leibold, Agency Clerk Bloom, Public Works Director Damasse, Planning Manager MacHott, City Engineer Allison, Police Chief Hollingsworth, and Deputy City Clerk Giron. CLOSED SESSION REPORT - None PRESENTATIONS - None PUBLIC COMMENTS — None CONSENT CALENDAR 1) ID# 14-236 Successor Agency Investment Report for June 2014 Attachments: SA RDA Investment Report Cover 2014-06.pdf SA Investment Report 2014-06.pdf 2) ID# 14-237 Warrant List Dated July 10 & 24, 2014 Attachments: SA RDA Staff Report 08 12 14 Warrant SA RDA summary -07 10 14 Warrant SA RDA List _07_10_14 Warrant SA RDA summary 07 24 14 Warrant SA RDA List 07 24 14 City of Lake Elsinore Page I Successor Agency Meeting Minutes August 12, 2014 3) ID# 14-238 Resolution Confirming Fiscal Year 2014-15 Special Taxes for CFD No 90-2 (Tuscany Hills Public Improvements) Attachments: Staff Report CFD 90-2 SA2 LMM SA RESOLUTION NO Levy It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore adopt Resolution No. SA -2014-002 requesting the Tax Collector of the County of Riverside to place special taxes on properties within CFD No. 90-2 for Fiscal Year 2014-15. Motion by Agency Member Tisdale, seconded by Vice -Chair Manos to approve the Consent Calendar, passed by unanimous vote as follows: AYES: Agency Member Tisdale, Vice -Chair Manos, Agency Member Hickman, Agency Member Magee and Chair Johnson. NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) - None EXECUTIVE DIRECTOR COMMENTS - None LEGAL COUNSEL COMMENTS - None AGENCY MEMBER COMMENTS - None ADJOURNMENT Chair Johnson adjourned this meeting at 7:55 p.m. to the next regularly scheduled meeting of Tuesday, August 26, 2014. Natasha Johnson, Chair Virginia J. Bloom, Agency Clerk City of Lake Elsinore Page 2 Agenda Date: 9/23/2014 In Control: Successor Agency Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 14-297 Version: 1 130 South Main Street Lake Elsinore CA 92530 w .lake-elsinore.org Status: Consent Agenda File Type: Report City o1 Lake Elsinore Page 1 Printed on 9/18/2014 L;1'T"Y 01" L Af!LE LSI1`IC I E W. 1.3RCAM F TI EMI_ REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE AGENCY CHAIRMAN AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT YATES EXECUTIVE DIRECTOR DATE: SEPTEMBER 23, 2014 SUBJECT: WARRANT LIST DATED SEPTEMBER 11, 2014 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 September 11, 2014 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: Jason Simpson Administrative Services Director Approved By: Grant Yates City Manager Attachments: Warrant List 9-11-2014 SL.IV LINT ER '11, 2MA WARRAN:r SUIVNIARY SUCCESSOR AGENCY oii' 'ir]HE REDEVELOPMENT AGENCY CSF ,ril ]]E C TY DIF ,LAKE ELS�NORE P'UN1)# IFUND :I)'ESCR]PTION I'D ']"AL 540 SUCCESSOR DIAMOND STADIUM 51,711.00 GRAND TOTAL $ 513,283.00 9/16/2014 Warrant 09 11 14 SA RDA 1 of 1 SLl"I,LIMP)l-,R 11, 20lzi WARRAN I' L1S'll SUCCESSOR AGENCY OF THE ,Rli'DEV1F,1,0PM,,EN'll' ACENCY OF "]f IF -'IE Cl T Y OF LAKE IEILS1NORY' C',1-1:ECK# VENDOR NAME Ai40UN'T' 7229 LAKE ELSINORE STORM, LP 51,711.00 WARRANT TOTAL 513,283.00 GRAND TOTAL $ 513,283.00 9/16/2014 Warrant 09 11 14 SA RDA 1 of 1 Agenda Date: 9/23/2014 In Control: Successor Agency Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 14-298 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w ,fake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 9/18/2014 C11Y OF LADE g LSIAORE DREAM EXTREME, REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE AGENCY CHAIRMAN AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT M. YATES EXECUTIVE DIRECTOR DATE: SEPTEMBER 23, 2014 SUBJECT: SUCCESSOR INVESTMENT REPORT —AUGUST 2014 Recommendation Staff recommends that the Members of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Investment Report for August 2014, Discussion The Investment Report is a listing of all funds invested for the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore as of the date shown on the report. Although the report includes the housing fund account, all housing funds are held by the City as the Successor Housing Agency. Prepared By: Nancy L. Lassey Finance Administrator Approved By: Jason P. Simpson Director of Administrative Services Approved By: Grant M. Yates Executive Director Attachments: Investment Report for August 2014 ciTv or �� LADELSIf10RE �% DREAM EXTREME, SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY INVESTMENT REPORT AUGUST 2014 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF AUGUST 31, 2014 BANK DEPOSITS OUTSTANG. BOOK ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank of America - Successor Agency General $ 420,411 $ - Total Active Accounts 420,411 $ (3,750) $ 416,661 (3,750) 416,661 INVESTMENTS Successor: Successor Local Agency Investment Fund 4,831,543 - - 4,831,543 Successor CAMP Pool Account 64,164 - - 64,164 Successor U.S. Treasury Bond / Notes 2,306,671 - - 2,306,671 Successor Federal Agency Bond / Notes 1,296,961 - - 1,296,961 Successor Corporate Notes 1,518,285 - - 11518,285 Sub -total Investments 10,017,623 - - 10,017,623 Unrealized Gain/ (Loss) at 6-30-13 (LAIF SUC) 3,283 - - 3,283 Unrealized Gain/ (Loss) at 6-30-13 (CAMP SUC) (67,913) - - (67,913) Total Unrealized Gain/ (Loss) at 6-30-13 per GASB 3' (641630) (64,630) Total Investments 9,952,993 - - 9,952,993 750) $ 10,369,654 Cashier Drawers #1 & #2 0.00 City of Lake Elsinore Petty Cash Fund 0.00 TOTAL POOLED CASH AND INVESTMENTS $ 10,369 654 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the Members of Successor Agency of the Redevelopment Agency on November 12, 2013. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Jason P. Simpson September 15, 2014 Director of Administrative Services Date SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE LOCAL AGENCY INVESTMENT FUND TRANSACTION SUMMARY FOR THE MONTH ENDING AUGUST 31, 2014 Interest Rate Purchase Date Maturity Rate 0,260% Daily 24 -Hour Beginning Balance Net Increase/Decrease Ending Balance $ 8,831,543 $ (4,000,000) $ 4,831,543 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF AUGUST 31, 2014 FUND NAME AMOUNT Areal $ 3,991,880 Area II 4,969,400 Area III 1,032,256 Housing (197,915) Stadium Trust Fund 574,034 Total Pooled Cash & Investments $ 10,369,654 Amount due from Successor Agency Housing Fund held by the City SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS FOR THE MONTH ENDING AUGUST 31, 2014 TYPES OF SECURITIES U.S. Treasury Bills U.S. Treasury Bond / Notes Current Balance Federal Agency Bond / Notes Current Balance Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes Current Balance Repurchase Agreements Reverse Repurchase Agreements LAIF (Local Agency Investment Fund) Current Balance CAMP - Pooled Sweep Account Current Balance TOTAL DIVERSIFICATION MAXIMUM 20.00% PERCENTAGE PERCENTAGE 0.00% UNLIMITED 23.03% 0.64% UNLIMITED UNLIMITED $ 2,306,671 12.95% 100.00% UNLIMITED 10,017,623 $ 1,296,961 0.00% 40.00% 0.00% 25.00% 0.00% 30.00% 0.00% 15.00% 15.16% 30.00% $ 1,518,285 0.00% UNLIMITED 0.00% 20.00% 48.23% UNLIMITED $ 4,831,543 0.64% UNLIMITED $ 64,164 100.00% $ 10,017,623 Note: Local agencies are only eligible to purchase medium term corporate notes that have a rating of "A" or better by both Moody's Investors Service, Inc., and Standard and Poor's Corporation (S & P). If a security falls below "A" by both rating agencies, then PFM Asset Management LLC will evaluate the need to sell the security prior to maturity. The CAMP Portfolio Summary and Statistics shows the credit quality held by the City's investments. 'No more than 40% in any one federal agency. See CAMP Portfolio Statement for listing of agencies. 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CW m a+ o u. U LU Q o ,Qj Q U uj!; ,. 0 0 0 0 0 0 o E 0 0 0 0 0 0 y0- C O G Lb: O O O O O O Om - O N d y N W O C T W P O u r ,. _.. J LLILij ui u r F g N Mw r^. LL v N .moi .�-� .�-+ .moi - --� --i --� - - - .. y a O V o v m W O � Ol ^ W n L!1 ti M Ill 1l1 V Ill M W E a .y v m a City of Lake Elsinore Text File File Number: ID# 14-299 Agenda Date: 9/23/2014 Version: 1 In Control: Successor Agency Agenda Number: 4) 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Business File Type: Report City of Lake Elsinore Page 1 Printed on 9/18/2014 CITY Ur LADE DLSINORT s14j'a DarA REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT M. YATES, EXECUTIVE DIRECTOR DATE: SEPTEMBER 23, 2014 SUBJECT: SECOND AMENDMENT (2015) TO STADIUM INTERIM MANAGEMENT AGREEMENT Recommendation It is recommended the City Council approve and adopt: Resolution No. 2014- _ A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE SECOND AMENDMENT (2015) TO THE STADIUM INTERIM MANAGEMENT AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND THE LAKE ELSINORE STORM LP Background In 2001 and 2002, the Redevelopment Agency entered into certain agreements involving the operation and maintenance of the Lake Elsinore Diamond Stadium, including a License Agreement, a Stadium Field And Maintenance Agreement, and a Concession License Agreement (collectively, the "Stadium Operations Contracts"). Pursuant to the Stadium Operations Contracts, the Storm licensed and maintained the Stadium for baseball games and other Storm events. An affiliate of the Storm, Golden State Concessions and Catering, Inc. ("Golden State"), operated the concessions at the Stadium. Under the Stadium Operations Contracts, the Agency's management, operation and maintenance costs were significant and the Stadium operated at a loss. In 2005, the Agency commenced negotiations with Diamond Stadium Group (DSG) to undertake all of the Stadium operations, maintenance and management Second Amendment (2015) to Interim Stadium Management Agreement September 23, 2014 Page 2 responsibilities. Storm LP, Golden State and DSG share common controlling ownership. Negotiations between the Agency and DSG resulted in June 2007 amendments to the Stadium Operations Contracts and a new Stadium License, Lease and Management Agreement (the "2007 Management Agreement"). DSG fulfilled all aspects of the 2007 Management Agreement which reduced the Agency's Stadium -related costs. However, DSG reported annual losses under the 2007 Management Agreement and in June 2011 chose to exercise its right to terminate the 2007 Management Agreement effective December 31, 2012. Upon termination of the 2007 Management Agreement, the rights and responsibilities for Stadium management, operations and maintenance were again divided in accordance with the Stadium Operations Contracts; however, at that time, the Successor Agency did not have the resources to satisfactorily perform its obligations. On December 11, 2012, the Successor Agency approved the Stadium Interim Management Agreement ("Interim Agreement") to provide for the efficient and cost effective management, maintenance and operation of the Stadium by the Storm through 2013. A First Amendment to the Interim Agreement was approved in September 2013. The First Amendment to Interim Agreement is set to expire on December 31, 2014 at which time the burden of maintaining, managing and operating Diamond Stadium under the Stadium Operations Contracts would fall onto the Successor Agency. Discussion Pursuant to the Dissolution Act and provisions of AB 1484, the Successor Agency has prepared a Recognized Obligation Payment Schedule for the period from January 1, 2015 through June 30, 2015 (the "ROPS 14-1513") which lists, among other things, as enforceable obligations of the Successor Agency, the obligations related to the (i) Concession Agreement; (ii) License Agreement; (iii) Maintenance Agreement, (iv) Stadium operations and maintenance obligations, and (v) the Interim Agreement. Consistent with the legislative authorization contained in AB 1484 allowing successor agencies to enter into enforceable obligations for the purpose of maintaining the assets of the former Redevelopment Agency, a Second Amendment to the Interim Agreement has been prepared to provide for the continued, efficient and cost effective management, maintenance and operation of the Stadium through 2015. Successor Agency staff believes that approval of the attached Second Amendment (2015) to the Stadium Interim Management Agreement will ensure that the "Lake Elsinore Storm" can continue to play its home baseball games at the Stadium consistent with the Stadium Operations Contracts and that the Second Amendment (2015) to Interim Stadium Management Agreement September 23, 2014 Page 3 Stadium will be maintained and managed in a first class condition on a continual basis throughout the 2015 calendar year. The Storm continues to possess the experience, capabilities and qualifications to best carry out these obligations. Interim Management Agreement - The Interim Stadium Management Agreement as amended by the proposed Second Amendment incorporates the obligations under the Stadium Operations Contracts and provides for a Capital Improvement Schedule. During the 2015 term of the Second Amendment, compensation to the Storm for the performance of the maintenance, management and operations services shall be as follows: (a) Assignment of GRCS Concession Fee. Successor Agency assigns Successor Agency's right to payment of the GRCS Concession Fee under the Concession Agreement to the Storm during the 2015 term, estimated at $34,000 annually; and (b) Waiver of License Fee. Successor Agency waives Successor Agency's right to payment of the License Fee in the amount of $489,494 under the License Agreement during 2015 as an offset against the payments due by the Successor Agency to the Storm; and (c) Payment of Maintenance Fee. Successor Agency shall pay the Annual Maintenance Fee in the amount of $228,515 under the Stadium Field And Maintenance Agreement during 2015; and. (d) Payment of Additional Interim Management Fee. Successor Agency shall pay to Storm $391,822, payable in equal monthly installments ("Additional Interim Management Fee"). The Maintenance Fee along with the Additional Interim Management Fee will result total cash payment from the Successor Agency to the Storm of $620,337 as consideration for services provided under the Stadium Operations Contracts and the Interim Stadium Management Agreement as amended by the Second Amendment, which aggregate amount shall be payable in equal monthly installments of $51,695. The Successor Agency continues to be responsible for all Capital Repairs and alterations consistent with the Stadium Operations Contracts. Given that the Stadium is 20 years old, it is expected that Capital Repairs will be significant over the next few years. In connection with the preparation and negotiation of the Second Amendment, the City's Building Official and Finance Manager surveyed the Stadium with representatives of The Storm and agreed upon necessary Capital Repairs. Quotes or estimates for the costs of such Capital Repairs were also obtained. Second Amendment (2015) to Interim Stadium Management Agreement September 23, 2014 Page 4 The Second Amendment provides for proposed 2015 Capital Repairs of $1,912,200. The Second Amendment includes a 2 year Capital Repair schedule, which will be updated annually or, if necessary, semi-annually in accord with future ROPS. Capital Repairs for the ROPS 14-15B period (January 1, 2015 through June 30, 2015) are estimated to be $794,700, which includes (but is not limited to service road repairs, fire and surveillance equipment, retrofitting of the sprinkler system, a new fairway mower, and a lighting retrofit for the front office/concourse/concessions area. The Second Amendment is DOF. The Oversight Board and the ROPS 14-15B at its approval by the Successor Amendment and the ROPS Finance (DOF). Fiscal Impact subject to the approval of the Oversight Board and is scheduled to consider the Second Amendment regular meeting of September 23, 2014. Following Agency and the Oversight Board, the Second 14-15B will be submitted to the Department of The ROPS 14-15B to be considered by the Successor Agency, Oversight Board and the DOF provides for an allocation of Real Property Tax Trust Funds to cover the Successor Agency obligations for the period of January 1, 2015 through June 30, 2015. The ROPS 15-16A (for the second half of calendar year 2015) will be prepared to similarly reflect these obligations which will be presented to the Successor Agency, Oversight Board and DOF and upon approval will provide funds for the second six months of the term of the Second Amendment. Prepared by: Barbara Leibold, Agency Counsel Approved by: Grant M. Yates, Executive Director Attachments: Second Amendment (2015) to Stadium Interim Management Agreement RESOLUTION NO. SA -2014- A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE SECOND AMENDMENT (2015) TO THE STADIUM INTERIM MANAGEMENT AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND THE LAKE ELSINORE STORM LP WHEREAS, the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore ("Oversight Board") has been established to wind down the affairs of the former Redevelopment Agency of the City of Lake Elsinore in accordance with the California Health and Safety Code; and WHEREAS, in 2012, the Successor Agency and the Oversight Board approved the Stadium Interim Management Agreement dated January 1, 2013 by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP (the "Interim Agreement") and following such approval by the Oversight Board and the Successor Agency, the Interim Agreement was submitted to and reviewed by the State Department of Finance; and WHEREAS, in 2013, the Successor Agency and the Oversight Board approved the First Amendment to Stadium Interim Management Agreement dated January 1, 2014 by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP (the "First Amendment ") and following such approval by the Oversight Board and the Successor Agency, the Interim Agreement was submitted to and reviewed by the State Department of Finance; and WHEREAS, pursuant to Health and Safety Code Section 34169 the Successor Agency prepared and adopted a "Recognized Obligation Payment Schedule" that lists all obligations of the former redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34167 for six month periods including July 2014 through December 2014 (the "ROPS 14-15A") which listed, among other things, as enforceable obligations of the Successor Agency, the following obligations related to the Lake Elsinore Diamond Stadium (the "Stadium"): (i) Concession Agreement; (ii) License Agreement; (iii) Maintenance Agreement; (iv) Stadium operations and maintenance obligations, and (v) the first Amendment; and WHEREAS, the Oversight Board approved the ROPS 14-15A and following such approval by the Oversight Board and the Successor Agency the ROPS 14-15A was approved by the State Department of Finance; and WHEREAS, the First Amendment has been successfully implemented during calendar year 2014 to provide for efficient and cost effective management, maintenance and operation of the Diamond Stadium but, absent an Amendment, the Interim Agreement will expire on December 31, 2014; and SUCCESSOR AGENCY RESOLUTION NO. SA 2014-00 Page - 2 - WHEREAS, consistent with the legislative authorization contained in AB 1484 allowing successor agencies to enter into enforceable obligations for the purpose of maintaining the assets of the former redevelopment agency, the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore seeks to provide for the continued, efficient and cost effective management, maintenance and operation of the Stadium and to retain the Storm to carry out such continuing obligations on an interim basis for calendar year 2015 in accordance with the proposed Second Amendment (2015) to the Interim Agreement; and WHEREAS, pursuant to Health and Safety Code Section 34169 a "Recognized Obligation Payment Schedule" that lists all obligations of the former redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34167 for the six month period January 2015 — June 2015 (the "ROPS 14-1513") which lists, among other things, as enforceable obligations of the Successor Agency, the following obligations related to the Lake Elsinore Diamond Stadium (the "Stadium"): (i) Concession Agreement; (ii) License Agreement; (iii) Maintenance Agreement; (iv) Stadium operations and maintenance obligations, and (v) the Interim Agreement (as amended by the proposed Second Amendment (2015)) has been prepared for approval by the Successor Agency and the Oversight Board on September 23, 2014. NOW, THEREFORE, THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. Based on the information presented in the staff report and testimony received, the Successor Agency finds (i) that the proposed Second Amendment (2015) to the Interim Agreement is reasonable and necessary to satisfy the Successor Agency's enforceable obligations and to protect and maintain the assets of the former Redevelopment Agency, (ii) that Real Property Tax Trust Fund (RPTTF) revenues set forth in the ROPS 14-15B include funds necessary to meet the Successor Agency's enforceable obligations with respect to the Stadium, including the proposed Second Amendment (2015) to the Interim Agreement, and (iii) that the Second Amendment (2015) to the Interim Agreement is in the best interests of the taxing entities. Based on the above findings, the Successor Agency approves the Second Amendment (2015) to the Stadium Interim Management Agreement by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP in substantially the form attached and in such final form as approved by the Successor Agency. SECTION 3. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are severable. The SUCCESSOR AGENCY RESOLUTION NO. SA 2014-00_ Page - 3 - Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption in accordance with, and subject to, all applicable requirements of the Health & Safety Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, held this 23rd day of September, 2014 by the following vote: P\ 4 NOES: ABSENT: Natasha Johnson, Chairperson, Successor Agency of the Redevelopment Agency of the City of Lake Elsinore APPROVED AS TO FORM: Barbara Leibold, Successor Agency Counsel ATTEST: Virginia J. Bloom, Secretary SECOND AMENDMENT( 015) TO STADIUM INTERIM MANAGEMENT AGREEMENT THIS SECOND AMENDMENT (2015) TO STADIUM INTERIM MANAGEMENT AGREEMENT (this "Amendment'), dated for identification as of September 23, 2014, is made by and between the SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ("Successor Agency"), and the LAKE ELSINORE STORM LP, a California limited partnership ("Storm"). RECITALS The following recitals are a substantive part of this Amendment: A. "rhe Successor Agency and the Storm entered into that certain Stadium Interim Management Agreement dated January 1, 2013 (the "Interim Agreement') to provide for the performance by the Storm of certain maintenance, upkeep, and operations of the Premises (as defined in the Interim Agreement). Capitalized terms used herein which are not otherwise defined herein shall have the meaning ascribed to them in the Interim Agreement. B. The Interim Agreement was successfully implemented during calendar year 2013 to provide for efficient and cost effective management, maintenance and operation of the Premises. C. In order to provide for the efficient and cost effective management, maintenance and operation of the Premises for calendar 2014, the Successor Agency and the Storm entered into that certain First Amendment (2014) to Stadium Interim Management Agreement dated September 24, 2013 (the "First Amendment'). D. The obligations set forth in the Interim Agreement and the First Amendment have been included in prior Recognized Obligation Payment Schedules approved by the Successor Agency, the Oversight Board of the Successor Agency ("Oversight Board") and the Department of Finance ("DOF"). E. The First Amendment will expire on December 31, 2014 and the parties desire to enter into this Second Amendment to provide for the efficient and cost effective management, maintenance and operation of the Premises for calendar 2015. F. In accordance with AB 1484, a Recognized Obligation Payment Schedule will be adopted for the period from January I, 2015 through .lune 30, 2015 (herein referred to as the "BOPS 14-1513") and for all subsequent Recognized Obligation Payment Schedule periods. AB 1484 sets forth the review period and authority of DOF to review and approve Recognized Obligation Payment Schedules. G. On September 23, 2014, the Oversight Board and the Successor Agency will consider approval and adoption of the ROPS 14-15B which includes the obligations set forth in this Amendment and lists, annong other things, as enforceable obligation of the Successor Second Ainendnwnt to Stadfmn Interim Management Ag( 091 8 14 Agency, the following obligations related to the Premises as more fully described and referenced therein: (i) Concession License Agreement, as amended ("Concession Agreement'); (ii) License Agreement, as amended ("License Agreement'); (iii) Stadium Field and Maintenance Agreement, as amended ("Maintenance Agreement'); (iv) Stadium operations and maintenance obligations; and (v) The Stadium Interim Management Agreement. H. Following approval of the ROPS 14-15B by the Oversight Board and the Successor Agency, the BOPS 14-15B will be transmitted to the DOF for its review and approval. 1. Consistent with the legislative authorization contained in AB1484 allowing successor agencies to enter into enforceable obligations for the purpose of maintaining the assets of the former Redevelopment Agency, the Successor Agency seeks to provide for the continued efficient and cost effective management, maintenance and operation of the Premises for calendar year 2015 and to retain the Storm which possesses the experience and qualifications to carry out such continuing obligations on an interim basis so as to ensure that the "Lake Elsinore Storm," a single "A" baseball team which is a member of the California League of the National Association of Professional Baseball and owned by Storm LP, continue to play its home baseball games at the Stadium. J. In furtherance of the purpose and intentions of the parties as with respect to the Interim Agreement, the parties hereto agree to amend the Interim Agreement as provided herein. AGREEMENT NOW THEREFORE, in consideration of the foregoing Recitals and the terms contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: I. Term of Agreement; Termination. Section 6 of the Interim Agreement, entitled "Term of Agreement; Termination," is hereby deleted in its entirety and replaced with the following: 6. Term of Agreement; Termination 6.1. Term. The term of the Interim Agreement (hereinafter the "Term") shall commence on the Effective Date and shall, unless earlier terminated in accordance with Sections 6.2, 19, or 20 hereof, automatically terminate on December 31, 2015. 6.2. Rights of Termination Prior to Commencement and Expiration of the Term Second Amendment to Smdium Interim Management Agt 09181d - 2 - (a) January 1, 2015 Termination. Successor Agency may terminate this Interim Agreement prior to the Commencement Date, by giving written notice thereof to the Storm no later than November 30, 2014. (b) June 30, 2015 Termination. Successor Agency may terminate this Interim Agreement effective as of June 30, 2015, by giving written notice thereof to the Storm no later than May 30, 2015. (c) Default. The Successor Agency and Storm shall have the right to terminate this Interim Agreement as a result of an uncured Default hereunder. Any such termination shall be made in accordance with Sections 19 or 20. (d) Party's Property and Offset. Upon termination of this Interim Agreement wider this Section 6.2, all materials and equipment purchased by either party hereunder in connection with this Interim Agreement shall remain that party's property. In addition, the Storm shall be entitled to an offset for all of the Storm's services rendered hereunder through the effective date of any such termination. (e) Effect of Termination. Notwithstanding the termination of this Interim Agreement pursuant to this Section 6.2, the provisions of Stadium Operations Contracts shall remain in full force and effect. 2. Compensation. Section 7 of the Interim Agreement, entitled "Compensation," is hereby deleted in its entirety and replaced with the following: 7. Compensation 7.1. Stadion Operations Contracts Compensation Recap. pursuant to the Stadium Operations Contracts, the Storm and/or the Successor Agency are entitled to compensation during the Term as follows: (a) 2015 License Fee: Under the License Agreement, the Storm is required to pay to the Successor Agency a License Fee in the amount of $489,494 for 2015. (b) Percentage of Concessions: Under the Concession Agreement, the Storm's affiliate, Golden State, is required to pay Successor Agency a percentage of the GRCS pursuant to Section 6 thereof (the "LRCS Concession Fee."). (c) Annual Maintenance Fee: Under the Maintenance Agreement, Successor Agency is required to pay Storm an Annual Maintenance Fee of $228,515 for 2015. 7.2. Storm Compensation January 1, 2015 — December 31, 2015. Commencing upon the Commencement Date (January 1, 2015) and continuing through the expiration of the Term (December 31, 2015) and as consideration for the performance of the services set forth herein, the Storm shall be compensated as follows: (a) Assignment of GRCS Concession Fee. Successor Agency hereby assigns Successor Agency's right to payment of the LRCS Concession Fee under Second Amendment to Stadium Interim Management Agt 091814 - 3 - the Concession Agreement to the Storm during the Term, estimated at $34,000 annually; and (b) Waiver of License Fee. Successor Agency hereby waives Successor Agency's right to payment of the License Fee under the License Agreement during the Term as an offset against the payments due by the Successor Agency to the Storm hereunder; and (c) Payment of Maintenance Fee. Successor Agency shall continue to pay the Annual Maintenance Fee as identified in Section 7.1(d) (i.e., $228,515. (d) Payment of Additional Interim Management Fee. Successor Agency shall pay to Storm $391,822, payable in equal monthly installments ("Additional Interim Management Fee"). The Maintenance Fee along with the Additional Interim Management Fee will result total cash payment from the Successor Agency to the Storm of $620,337 as consideration for services provided under the Stadium Operations Contracts and this Interim Agreement, which aggregate amount shall be payable in equal monthly installments of $51,695. The Storm acknowledges and agrees that in no event will the Agency be required to provide the Storm with any other form of payment for performance of the services as provided in this Interim Agreement. The parties acknowledge that the historic operating costs of the Stadium equal or exceed the compensation due to Storm hereunder and that it is in each of the party's best interests to enter into this Agreement for the efficient use and operation of the Stadium. 3. Capital Repairs. Section 8 of the Interim Agreement, entitled "Capital Repairs," is hereby deleted in its entirety and replaced with the following: "8. Capital Repairs. Capital Repairs shall be governed by the applicable provisions of the Stadium Operations Contracts. A Two -Year Capital Repair Schedule with estimated costs budgeted for ROPS 14-15B, 15-16A, 15-16B and 16-17A is set forth in Exhibit "C" attached hereto and incorporated by reference herein. The Successor Agency's Executive Director or designee ("Executive Director") will designate certain Capital Projects that shall be subject to the Department of Public Works' direct administration of the bid process and award of contract consistent with the applicable legal requirements. The Storm will undertake and complete such other Capital Repairs as set forth in Exhibit "C" as are mutually agreed. To the extent that The Storm undertakes such other Capital Repairs not undertaken by the Successor Agency, The Storm shall obtain not less than three (3) bids from qualified contractors unless otherwise excused by the Executive Director. Without limiting the Executive Director's discretion, the bidding requirement herein may be excused in situations involving emergencies and sole Second Amendment to Stadium Intenni Management Agt 091814 - 4 - source contractors. In addition, The Storm acknowledges the general requirement that certain Capital Repairs are subject to the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates with respect to certain capital improvements, repairs and maintenance work paid for in whole or in part out of public funds. Accordingly, The Storm agrees to, in the administrative of the bidding and contractor selection process, inform prospective bidders of the requirement to comply with the Prevailing Wage Laws. The Storm may confer with the Executive Director and seek direction with respect to whether or not a certain Capital Repair is subject to the Prevailing Wage Law. Prior to The Storm awarding a contract for a Capital Repair to a qualified contractor, the Executive Director shall: (i) confirm that The Storm has followed the proper bidding procedures for selection of a contractor; and (ii) approve the selection of the contractor and the form of any agreement between The Storm and the contractor. Upon completion of the Capital Repair (or a component thereof supporting a deposit or in -progress reimbursement), The Stam shall deliver to the Executive Director a written reimbursement request and supporting documentation (such as third party invoices, lien releases and cancelled checks). To the extent that the reimbursement request is for a completed Capital Repair, The Storm shall, if applicable, submit as -built drawings or similar plans and specifications for the items to be reimbursed." 4. Accuracv of Recitals. The Parties acknowledge the accuracy of the foregoing Recitals, which are incorporated herein by this reference. 5. Authority; Priority of Amendment. This Amendment is executed by the Parties' authorized representatives. Except as expressly modified herein, all of the terms of the Interim Agreement shall remain unchanged and in full force and effect, and the Parties shalt continue to fulfill their respective obligations under the Interim Agreement as amended by this Amendment. To the extent of any conflict between the terms of the Interim Agreement and the terms of this Amendment, the terms of this Amendment shall control. S. Cautions. The captions appearing in this Amendment are for convenience only and are not a part of this Amendment and do not in any way limit, amplify, define, construe, or describe the scope or intent of the terms or provisions of this Amendment. 9. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute but one and the same documeut. 10. Commencement Date. Unless earlier terminated in accordance with Section 6.2(a), the provisions of this Amendment shall commence oil January 1, 2015 (the "Commencement Date"). Second Amendment to Stadium IntefiIll Monagement Ag( 091914 - 5 - IN WITNESS WHEREOF, the parties have executed this Amendment on the respective dates set forth below. Dated:_ ATTEST: SUCCESSOR AGENCY SECRETARY By: Virginia Bloom APPROVED AS TO FORM: LEIBOLD McCLENDON & MANN, P.C. Successor Agency Counsel By: Barbara Zeid Leibold Dated: Second Ain endment to Sladfum Interim Management Agt 091814 - 6 - "SUCCESSOR AGENCY" SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE By: Grant Yates, Executive Director "STORM" LAKE ELSINORE STORM LP, a California limited partnership By: GJJ STORM MANAGEMENT, LLC, a California limited liability company Its: General Partner By: Gary E. Jacobs, Manager EXHIBIT "C" CAPITAL REPAIR SCHEDULE See Attached EXHIBIT "C" Page 1 of I CAPITALREPAIR Retrofit HVAC system Repave service road with 1" asphalt+ sealent Repaving parking lots A & B Stadium seating IHtcrm/Exterior doors Walkway lighting Fire/Burg/Surveillance equipment Landscape service road Diamond Club audio/visual equipment Diamond Chub ceiling tiles Diamond Club Carpet Retrofit sprinkler system Concourse LED emergency lighting retrofit Grounds Dept. Bathroom New John Deere fairway mower New John Deere three wheeler Repair/Install Irrigation Grass Hill Flooring (fi out office) Ceiling Tiles (front office) Paint (front office) Front office/concourse/consessions Lighting Retrofit Repainting stadium green (remaining steel and pipes) Horne Clubhouse Ceiling Tiles Brick interim'/exterior treatment New ticket windows Diamond Club forniture Weight room buildout Hood system stand 3 Desert landscaping stadium LAKE ELSINORE STORM - DIAMOND STADIUM CAPITAL REPAIR SCHEDULE COST ESTIMATES Quote TED Quote TBD $345,000.00 $920,000.00 $15,000.00 $28,500.00 $40,000.00 $40,000.00 Quote TBD $24,000.00 $7,700.00 Quote TBD $33,000.00 Quote TBD $45,000.00 $15,000.00 $5,000.00 $15,000.00 $11,000.00 $7,000.00 $42,000.00 $100.000.00 $8,500.00 $10,000.00 $7,000.00 Quote TBD Quote TBD Quote TED Quote TBD ROPS 14-15B ROPS 15-16A ROES 15-16B $ - $ 1,035,000.00 $ - 57,500.00 - - 15,000.00 28,500.00 40,000.00 16,000.00 7,700.00 250,000.00 33,000.00 200,000.00 45,000.00 15,000.00 5,000.00 15,000.00 11,000.00 7,000.00 42,000.00 7,000.00 ROPS 16-17A 345,000.00 - 920,000.00 - 40,000.00 - - 24,000.00 - 8,500.00 10,000.00 100,000.00 TOTALS $ 794,700.00 $ 1,117,500.00 $ 920,000.00 $ 445,000.00 Y41t1� )II\i}i\: Agenda Date: 9/23/2014 In Control: Successor Agency Agenda Number: 5) City of Lake Elsinore Text File File Number: ID# 14-300 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsincre org Status: Business File Type: Report City of Lake Elsinore Page 1 Printed on 911812014 CITY TY C) #� TT LAKE LSINOR E 1)m-,t`t.14•'t. t:.,kl IZt.MI, REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT YATES, EXECUTIVE DIRECTOR DATE: SEPTEMBER 23, 2014 SUBJECT: RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 14- 156) FOR JANUARY 1, 2015 THROUGH JUNE 30, 2015 Recommendation It is recommended the City Council approve and adopt: Resolution No. 2014- _ A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 14- 15B) FOR JANUARY 1, 2015 THROUGH JUNE 30, 2015 Background As part of the dissolution of the former Redevelopment Agency, Health and Safety Code Section 34177 (added by AB 1X 26 and amended by AB 1484) requires the Successor Agency to adopt a Recognized Obligation Payment Schedule (ROPS) that lists all obligations of the former redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34167 for each six month period of each fiscal year. The Successor Agency has previously adopted ROPS for prior six-month periods. The previous ROPS have been approved by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the State Department of Finance (DOF). Discussion AB 1484 requires that the ROPS for January 2015 through June 2015 be submitted to DOF and the State Controller's office, after approval by the Oversight Board, no later than October 3, 2014. The DOF has five (5) days after submittal to request a review and forty-five (45) days to review the ROPS if it decides to do so. If the ROPS is not submitted by the deadline, the City is subject to a $10,000 fine for every day Approval of ROPS September 23, 2014 Page 2 the ROPS is late and the administrative cost allowance for the Successor Agency is reduced by 25% after 10 days. The attached ROPS 14-15B for the period January 1, 2015 — June 30, 2015 follows the form prescribed by the DOF and incorporates all of the obligations identified in the previous ROPS. DOF has made some changes to the form, and certain items previously listed on the form have been updated. A few changes and additions are noteworthy ROPS Detail Schedule, Line 33 — this line items references the Interim Stadium Management Agreement for Stadium management, operations and maintenance, as amended for the calendar year 2015 (January 1, 2015 — December 31, 2015) and incorporates the increases in costs and capital expenditures required to be made for the six month period covered by ROPS 14-15B. The obligations disclosed in line items 29 - 32 for the six month period covered by ROPS 14-15B are also incorporated into line 33 in accordance with the terms of the Second Amendment to Interim Stadium Management Agreement. Prepared By: Barbara Leibold, City Attorney/Successor Agency Counsel Approved By: Grant Yates, Executive Director Attachments: 1) Recognized Obligation Payment Schedule of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore for the period of January 1, 2015 through June 30, 2015 (ROPS 14-15B) RESOLUTION NO. SA -2014- A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 14-15B) FOR JANUARY 1, 2015 THROUGH JUNE 30, 2015 WHEREAS, the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore (the "Successor Agency") is charged with implementing recognized enforceable obligations and winding down of the affairs of the former Redevelopment Agency of the City of Lake Elsinore (the "Agency") in accordance with the California Health and Safety Code; and WHEREAS, Health and Safety Code Section 34169 requires the Successor Agency to prepare and adopt a "Recognized Obligation Payment Schedule" that lists all obligations of the former redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34167 for six month periods, including January 2015 through June 2015; and WHEREAS, AB 1484 requires that the ROPS 14-15B for the period January 1, 2015 through June 30, 2015 must be submitted to the Department of Finance and the State Controller's office, after approval by the Oversight Board, no later than October 3, 2014 or be subject to penalties; and WHEREAS, on September 23, 2014, the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore considered and approved the Recognized Obligation Payment Schedule 14-15B for the period of January 1, 2015 through June 30, 2015; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. The Successor Agency hereby approves the Schedule attached hereto as Exhibit A as the Recognized Obligation Payment Schedule 14-15B for January 1, 2015 through June 30, 2015. Pursuant to Health & Safety Code Section 34173, the Successor Agency's liability, including, but not limited to, its liability for the obligations on the attached schedule, is limited to the total sum of property tax revenues it receives pursuant to Part 1.85 of AB X1 26. SUCCESSOR AGENCY RESOLUTION NO. SA 2014-00_ Page 2 SECTION 3. Executive Director Yates, or his designee, is hereby authorized to submit the ROPS to such parties as may be required in accordance with the Health & Safety Code, and to take such other actions on behalf of the Successor Agency with respect to the ROPS as may be necessary in accordance with applicable law. SECTION 4. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption in accordance with, and subject to, all applicable requirements of the Health & Safety Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, held this 23rd day of September, 2014. Natasha Johnson, Chairperson, Successor Agency of the Redevelopment Agency of the City of Lake Elsinore APPROVED AS TO FORM: Barbara Leibold, Successor Agency Counsel ATTEST: Virginia J. Bloom, Secretary r a N F- O lrD N V M r � H L R M 0 N O a N F- X x H L o. 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(Please submit to the City Clerk prior to meeting) Name: �,�All ;L411A A ,11-41 Organization Represented: Address ► 1 wish to address Agenda Item No Please Print (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) Date An.TUN 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! CtTy 0 f p 571 LAS L t)REAM I✓,XTi EMt REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: _ %�ex i` 11. 114 Z / Gam/ Please Print Organization Represented: Address Phone ► 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) Date 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! LADE C;iLSIN-OKE i TRErptf 1, Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) I Print C Address Phone ► I wish to address Agenda Item No. . (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at theeginning of the meeting: (Comments limited to 1 minute) L�45G No. 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:i,TY OF rr EASE ' ES OKE Drtt:ana. EX1 )•±f Mt rix Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Address Please Print Phone ► 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) ► 1 wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) re 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 . DREAM TREMI Name: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Please P Organization Represented: 61W, Address Phone ► 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 itemendue oimeeting: (Comments limited ttoo�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 . A IE, L S 1110RE DPLEA A EXTREME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Please Print Organization Represented: Address pa Z3 ' 11% "" 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 beginning of the meeting. (Comments limited to 1 minute) 174 4=11M (Comments limited to 3 minutes) ng non=agendized item at end of meeting: �r l� �► ate OiagnatUrEe The Mayor will call person(s) interested in speaking in an order which Coincides with the Agenda. Non- Agendized Items speakers wlil be called under "Public Comments — Nan-AgendizCd ltemS" and will have approximately one (1) minute to speak or throe (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 Councll meeting and your interest in the conduct of public business is appreciated! J TO/TB 39Vcl beZ9V2-9T56 88:8Z TT9Z/68/ZB Virginia Bloom From: Ron <rhewi@aol.com> Sent: Tuesday, September 23, 2014 8:01 AM To: Virginia Bloom Subject: Fwd: Animal Friends of the Valley For reading into the record The Hewison's (sent via Mobile) -----Original Message ----- From: Ron <rhewi@aol.com> To: njohnson <njohnson@lake-elsinore.org> Sent: Mon, Sep 22, 2014 07:41 PM Subject: Animal Friends of the Valley I see that the contract with AFV is on the Agenda for Tuesday's meeting. This note is to let you know that we, Ron and Cindy Hewison have fully supported AFV ever since we moved to Lake Elsinore In 1998. In fact we adopted our first dog, Rusty, within a month of moving here. Over the past 16 years we have adopted a total of 6 dogs from AFV. They have been great pets, that continue to this day to give us tremendous fun and enjoyment. Whatever the political motivations are for this discussion, we suggest it stop and that the contract be renewed. Expensive maybe, but who among us would suggest we allow these pets to suffer? Thanks Much -- Ron and Cindy Hewison (sent via Mobile) CITY OF LAE LSIROkE - L ' DREAM EXTREME. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN California, will hold a public hearing Center, 183 North Main Street, Lake thereafter as the matter may be heard, that the City Council of the City on September 23, 2014, at the Lake Elsinore, California, 92530, at 7:00 to consider the following items: of Lake Elsinore, Elsinore Cultural p.m., or as soon GENERAL PLAN AMENDMENT NO. 2014-02 — AS PART OF THE CONSISTENCY ZONING PROJECT — PHASE IV, ADD THE R -H HILLSIDE SINGLE-FAMILY RESIDENTIAL ZONE AS A COMPATIBLE ZONE IN THE HILLSIDE RESIDENTIAL DESIGNATION ON THE GENERAL PLANIZONING COMPATIBILITY MATRIX (APPENDIX B); CHANGE THE GENERAL PLAN LAND USE MAP FIGURE 2.1A TO SHOW PROPERTIES DEVELOPED WITH EXISTING WATER TANKS AND FACILITIES OWNED BY THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT AS "PUBLIC/INSTITUTIONAL;" AND CHANGE THE LAND USE DESIGNATION OF EXISTING R -E ESTATE SINGLE-FAMILY RESIDENTIAL ZONED PROPERTY IN THE COUNTRY CLUB HEIGHTS DISTRICT TO "LOW DENSITY RESIDENTIAL" TO ACCURATELY REFLECT EXISTING USES AND DENSITY; AND ZONE CHANGE NO. 2014-04 - KNOWN AS THE CONSISTENCY ZONING PROJECT - PHASE IV, CHANGE THE ZONING OF VARIOUS PARCELS IN THE RIVERVIEW AND COUNTRY CLUB HEIGHTS DISTRICTS OF THE CITY TO ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN. FURTHER INFORMATION on this item may be obtained by contacting Carole Donahoe, Planning Consultant at (951) 674-3124, ext. 287, or by e-mail at cdonahoe lake-elsinore.or , or Richard J. MacHott, Planning Manager at (951) 674-3124, ext. 209 or by e-mail at rmachott lake-elsinore.or . All agenda materials are available for review at City Hall, and the draft amendments and zone change are available for review on the City's website at www.lake- elsinore.org/index.aspx?page=986. ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, express opinions or otherwise present evidence in the above matter. If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City prior to or at the public hearing. Virginia J. Bloom City Clerk Posted at City Hall on Friday, September 5, 2014 Published in the Press Enterprise on Friday, September 12, 2014 Virginia Bloom From: Catherine Eakins Sent: Monday, September 15, 2014 10:27 AM To: Virginia Bloom Cc: Diana Gir6n Subject: Staff Reports for CC meeting on 9/23/2014 Follow Up Flag: Follow up Flag Status: Flagged Virginia, We have the following items going to council on the 23 September: Consent: Amendment #1 to Bureau Veritas Plan Check Agreement Amendment #1 to Willdan Engineers Plan Check Agreement Approval of Final Map 31920-8, Ryland Homes Street Vacation Regards, Catherine Eakins Administrative Assistant City of Lake Elsinore PI I:(951) 674-3124 Ext. 241. E:rr), or h. LARK- LSI -),E 1� E7 rrnna t:�Cz'2�:+a r, Virginia Bloom From: Barbara Leibold <barbara@cega.com> Sent: Monday, September 15, 2014 3:00 PM To: David Mann; Virginia Bloom; Grant Yates Subject: Re: Agenda Follow Up Flag: Follow up Flag Status: Flagged Virginia: SA agenda should also include Second Amendment (2015) to Interim Stadium Management Agreement. As you know, I am out of the office until Wednesday. We are working as quickly as possible on the ROPS 14-15B and the Stadium Amendment. FYI we had another ROPS call this morning and Jason is on top of it and coordinating with Cheryl Murase and Joy and I. 1 also circulated a draft Amendment to the Storm and Successor Agency staff this morning. Both of these items will not be complete and ready to load to granicus until end of business Wednesday or maybe as late as first thing Thursday morning, but we have them under control and all is well. I need to coordinate closed session with Grant. I am not sure today what, if any, closed sessions will be necessary, but I will keep you posted. I am also working on oversight board agenda for September 23 and will coordinate with you as soon as we have the CC/SA complete. Hope all is well, Barbara From: Virginia Bloom [mailto:vbloom@Lake-Elsinore.o] Sent: Monday, September 15, 2014 1:35 PM To: David Mann Subject: RE: Agenda Sep 23 Tuesday CITY COUNCIL 5:00 p.m. Closed Session 7:00 p.m. Presentations — EVMWD Drought Update; Reality Rally Trophy Minutes (Consent) EVMWD Request for Funding (Consent) Warrants (Consent) Investment Report (Consent) Street Vacation (Consent) ROPS — SA (Consent) GPA Consisting Zoning Phase IV (PH) City Departmental Reports Virginia Bloom City Clerk City of Lake Elsinore P13:(951) 674-3124 Ext. 262 From: David Mann [mailto:david@cecia.com] Sent: Monday, September 15, 2014 11:54 AM To: Virginia Bloom Subject: Agenda Virginia, got your message. Barbara back on Wednesday. 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