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HomeMy WebLinkAboutCC & SA Regular Agenda Packet 04-26-2016C, IY [�1 -rte. L1)9`E: CL5(I1C�1ZL City of Lake Elsinore Regular Agenda City Council BRIAN TISDALE, MAYOR ROBERT MAGEE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER STEVE MANOS, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, April 26, 2016 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM PUBLIC SESSION at 7:00 PM 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. City o/ Lake Elsinore Page 1 Printed on 412112016 City Council Regular Agenda April 26, 2016 CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Leibold. v. Coon Superior Court Case No. RIC 1603718 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Coon v. Leibold Superior Court Case No. RIC 1603819 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Western Riverside Council of Government vs. City of Lake Elsinore Arbitration - REF# 1120012917 [AALRR-Cerritos.006243.00005] CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Gov't Code Section 54956.9: 2 potential case PUBLIC COMMENTS CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS / CEREMONIALS Water Safety Presentation by US Coast Guard Auxiliary Business of the Quarter Citizen of the Quarter Proclamation of National Municipal Clerks Week City of Lake Elsinore Page 2 Printed on 4/21/2016 City Council Regular Agenda April 26, 2016 CLOSED SESSION REPORT/CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS CITY MANAGER COMMENTS 1) Monthly Departmental Reports Attachments: Departmental Monthly Reports 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 tum it in to 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.) 2) Warrant List Dated April 14, 2016 Recommendation: Receive and File the Warrant List dated April, 14, 2016. Attachments: City Staff Report 4-26-16 Warrant Summary City 04 14 16 Warrant List City 04 14 16 3) City Investment Report for March 2016 Recommendation: Receive and File the Investment Report for March 2016 Attachments: City Investment SR 2016-03 City Investment Report 2016-03 - Exhibit A 4) Waive Further Reading and Adopt by Title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN IMPROVEMENT AREA E Recommendation: Adopt the Ordinance. Attachments: Ordinance CFD 2003-2 City of Lake Elsinore Page 3 Printed on 412112016 City Council Regular Agenda April 26, 2016 5) Waive Further Reading and Adopt by Title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES Recommendation: Adopt the Ordinance. Attachments: Ordinance CFD 2015-1 6) Waive Further Reading and Adopt by Title Only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA) AUTHORIZING THE LEVY OF SPECIAL TAXES Recommendation: Adopt the Ordinance. Attachments: Ordinance CFD 2015-4 7) Application and Acceptance of the Homeland Security Grant Program for Fiscal Year 2016/2017 (HSGP-16) Recommendation: 1. Authorize the application and accept the Emergency Services Grant for the Homeland Security Grant Program (HSGP16); and, 2. adopt: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING DESIGNATED CITY EMPLOYEES TO TAKE ACTON NECESSARY FOR OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL GOVERNMENT, DETARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY GRANT PROGRAM FOR FISCAL YEAR 2016/2017 (HSGP-16) Attachments: FY16 HSGP - Staff Report .pdf FY16 HSGP - Exhibit A Resolution.pdf FY 2016 HSGP - Exhibit B - Grant Application .pdf 8) Application and Acceptance of the Emergency Management Performance Grant for FY 2016 12017 (EMPG 16) Recommendation: 1. Authorize and Accept the Emergency Management Performance Grant (EMPG16); and, 2. Authorize revenue appropriation of $13,952 to Emergency Services Grant Revenue to offset the EMPG16 expense; and, 3. adopt: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING DESIGNATED CITY EMPLOYEES TO TAKE ACTON NECESSARY FOR OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL GOVERNMENT, DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA, FOR THE EMERGENCY MANAGEMENT PROGRAM GRANT FY 2016/2017 (EMPG 16) Attachments: FY 2016 EMPG - Staff Report.pdf FY 2016 EMPG- Exhibit A - Resolution.pdf FY16 Proposed EMPG - Exhibit B - Application .pdf City of Lake Elsinore Page 4 Printed on 4/21/2016 City Council Regular Agenda April 26, 2016 9) Final Map 36117, Pardee Homes Recommendation: 1. Approve Final Map No. 36117 Subject to the City Engineer's Acceptance as Being True and Correct; and, 2. That the City Council Authorize the City Clerk to Sign the Map and Arrange for the Recordation of Final Map No. 36117; 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 the City Attorney to Secure Completion of the Monumentation. Attachments: Final Map 36117 -SR Final Map 36117 - Exhibit A Agreement Final Map 36117 - Exhibit B Vicinity Map Final Map 36117 - Exhibit C Index Map 10) Final Map 36118, Pardee Homes Recommendation: 1. Approve Final Map No. 36118 Subject to the City Engineer's Acceptance as Being True and Correct; and, 2. That the City Council Authorize the City Clerk to Sign the Map and Arrange for the Recordation of Final Map No. 36118; 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 the City Attorney to Secure Completion of the Monumentation. Attachments: Final Map 36118 -SR Final Map 36118 - Exhibit A Agreement Final Map 36118 - Exhibit B Vicinity Map Final Map 36118 - Exhibit C Final Map Index 11) Publishing Summary of Ordinances Recommendation: adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE CITY CLERK TO PREPARE A SUMMARY FOR EACH ORDINANCE ADOPTED BY THE CITY COUNCIL AND TO PUBLISH SUCH SUMMARIES IN IN A NEWSPAPER OF GENERAL CIRCULATION Attachments: Ord Synopsis - SR Ord Synopsis - Exhibit A Ord Synopsis - Exhibit B 12) Amendment No. 1 to Professional Services Agreement with Michael Baker International for Third Street Drainage Design Services Recommendation: Approve and Authorize the City Manager to Execute Amendment No. 1 to Michael Baker International, Inc. (MBI) for Third Street Drainage Design Services, in an Amount of $145,583 for a Not to Exceed Contract Amount of $325,599, in Substantially the Form Attached and in Such Final Form as Approved by the City Attorney. City of Lake Elsinore Page 5 Printed on 4/21/2016 City Council Regular Agenda April 26, 2016 Attachments: MBI SR 3rd Street Drainage Amendment 1 MBI Amendment No 1 MBI EXECUTED Agreement 13) Amendment No. 1 to the Professional Services Agreement (PSA) with Michael Baker International for Design of the CDBG and Senate Bill (SB) 821 Curb, Gutter, and Sidewalk Project Recommendation: Approve and Authorize the City Manager to Execute Amendment No. 1 to the PSA with Michael Baker International for the CDBG and SB 821 Curb, Gutter, and Sidewalk Project, in an Amount Not to Exceed $7,400, in Substantially the Form Attached and in Such Final Form as Approved by the City Attorney. Attachments: MBI Amendment No 1 - SR MBI Amendment No 1 MBI Agreement 14) Resolution Accepting Funds from the Family Trust of Carl F. Graves and Establishing the Carl F. Graves Scholarship Fund Recommendation: adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACCEPTING FUNDS FROM THE FAMILY TRUST OF CARL F. GRAVES AND ESTABLISHING THE CARL F. GRAVES SCHOLARSHIP FUND Attachments: Establishing Carl Fred Graves Trust - SR Establishing Carl Fred Graves Trust - Exhibit A Reso 15) Assembly Bill (AB) 1600 Annual Report for Fiscal Year (FY) 2014-15 Recommendation: Receive and File the AB1600 Annual Report for FY 2014-15 and Adopt the Findings Set Forth Within the Report which was made Public in January 2016, Attachments: AB1600 SR AB1600 ANNUAL REPORT FY14-15 16) Commercial Design Review 2015-07 - A Request by Elsinore Valley Cemetery for the Approval of a Proposed 7.950 Square Foot New Chapel and Office Located in an Existing Cemetery. Recommendation: adopt A Resolution of the City Council of the City of Lake Elsinore, California, Adopting Findings that Commercial Design Review No. 2015-07 Is Consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP); and, adopt Resolution of the City Council of the City of Lake Elsinore, california, Approval of Commercial Design Review No. 2015-07 for the Development of a 7,950 square foot Single Story Chapel and Administrative Office and Related Improvements Located at Assessor Parcel Numbers 377-055-033, 062, 063, and 079. City of Lake Elsinore Page 6 Printed on 412112616 City Council Regular Agenda _. April 26, 2016 Attachments: CDR 2015-07 - SR CDR 2015-07 - Exhibit A MSHCP Resolution CDR 2015-07 - Exhibit B CDR Resolution CDR 2015-07 - Exhibit C Conditions of Approval CDR 2015-07 - Exhibit D Vicinity Map CDR 2015-07 - Exhibit E Aerial Map CDR 2015-07 - Exhibit F Design Review Package 17) Residential Design Review No 2016-03• A request by Woodside Homes for the Approval of Building Design and Construction of 59 Single Family Residential Units Located within Tract 31920-09 of the Summerly Development of the East Lake Specific Plan (APN 371-040-011) Recommendation: adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT RESIDENTIAL DESIGN REVIEW NO. 2016-03 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFNORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2016-03, PROVIDING BUILDING DESIGNS FOR 59 SINGLE-FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS, FOR TRACT NO. 31920-09, LOCATED IN THE SUMMERLY DEVELOPMENT Attachments: RDR 2016-03 - SR RDR 2016-03 - Exhibit A MSHCP Resolution RDR 2016-03 - Exhibit B CDR Resolution RDR 2016-03 - Exhibit C Conditions of Approval RDR 2016-03 - Exhibit D Vicinity Map RDR 2016-03 - Exhibit E Aerial Map RDR 2016-03 - Exhibit F Design Review Package PUBLIC HEARINGS 18) Extension of Time for Tentative Tract Map No. 33725 a Request for Approval of a Three (3) Year Extension of Time for Tentative Tract Map No. 33725. a Subdivision of 52.7 Acres into 221 Single Family Residential Lots Located in the Ramsgate,S12ecific Plan South of Little Valley Road. North of Scenic Crest Drive West of Greenwald Avenue and East of Grassy Meadow Drive (APNs•349 240 006 043 thru -047. -054 thru -056.349-380-024 and -025)• (Applicant SPT-AREP III Tuscany Associates LLC c/o Shopoff Realty Investments) Recommendation: adopt A Resolution of the City Council of the City of Lake Elsinore, California, Approving AN EXTENSION OF TIME FOR THREE (3) YEARS FOR TENTATIVE TRACT MAP NO. 33725. City of Lake Elsinore Page 7 Printed on 4/21/2016 City Council Regular Agenda April 26, 2016 Attachments: EOT 33725 - SR EOT 33725 - Exhibit A Resolution EOT 33725 - Exhibit B Conditions of Approval EOT 33725 - Exhibit C CofA Acknowledgement EOT 33725 - Exhibit D Vicinity Map EOT 33725 - Exhibit E Aerial Map EOT 33725 - Exhibit F TTM 33725 19) Specific Plan Amendment 2016-01 and Tentative Tract Map 31920 Revision: A Proposed Errata to the East Lake Specific Plan Amendment No. 6 and a Revision to Tentative Tract Map 31920 JAPN 371-270-004) Recommendation: adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2016-01; and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFIORNIA, APPROVING THE REVISION TO TENTATIVE TRACT MAP NO. 31920. Attachments: SPA 2016-01 - SR SPA 2016-01 - Exhibit A SPA RESO SPA 2016-01 - Exhibit B TTM RESO SPA 2016-01 - Exhibit C COA SPA 2016-01 - Exhibit D School District Letters SPA 2016-01 - Exhibit E Vicinity Map SPA 2016-01 - Exhibit F Aerial Map SPA 2016-01 - Exhibit G ESLP #6 Errata SPA 2016-01 - Exhibit H Tentative Tract Map 31920 Modifications BUSINESS ITEM(S) 20) Declaring the Election Results for CFD 2015-2 (Maintenance Services) and Authorizing the Levv of Special Taxes Recommendation: 1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THE ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES); and, 2. Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES Attachments: CFD 2015-2 SR CFD 2015-2 Exhibit A Resolution CFD 2015-2 Exhibit B Waiver and Ballot CFD 2015-2 Exhibit C Ordinance City of Lake Elsinore Page 8 Printed on 412112016 City Council Regular Agenda April 26, 2016 PUBLIC COMMENTS — NOWAGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regular meeting of Tuesday, May 10, 2016. 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. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, 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. Susan M. Domen, MMC City Clerk City of Lake Elsinore Page 9 Printed on 412112016 U) 1,j, zI sffI()]�,E Tuesday, April 26, 2016 PUBLIC SESSION at 7:00 PM City of Lake Elsinore Regular Agenda Successor Agency BRIAN TISDALE, CHAIR ROBERT MAGEE, VICE -CHAIR DARYL HICKMAN, AGENCY MEMBER STEVE MANOS, AGENCY MEMBER NATASHA JOHNSON, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR 7:00 PM LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. City of Lake Elsinore Page 1 Printed on 4/21/2016 Successor Agency Regular Agenda April 26, 2016 CALL TO ORDER - 7:00 P.M. ROLL CALL 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 in to the City Clerk. The Mayor or City Cleric 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) Warrant List Dated April 14 2016 Recommendation: Receive and File the Warrant List dated April 14, 2016. Attachments: SA RDA Staff Report 4-26-16 SA RDA Warrant Summary 04 14 16 SA RDA Warrant List 04 14 16 2} Investment Report for March 2016 Recommendation: Receive and Rile the Investment Report for March 2016 Attachments: SA RDA Investment SR 2016-03 City Investment Report 2016-03 - Exhibit A PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council farm prior to the start of the City Council Meeting and tum it in to the City Cleric. The Mayor or City Clerk will call on you to speak.) ADJOURNMENT The Successor Agency will adjourn this meeting to the next regular scheduled meeting of Tuesday, May 10, 2016. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING 1, Susan M. Domen, MMC 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. Susan M. Domen, MMC City Clerk City of Lake Elsinore Page 2 Printed on 4/21/2096 CITY OF LAX�E ,LsrnoRE DREAM EXTREi'utE DATE: April 22, 2016 WHY THE CITY ATTORNEY CHALLENGED THE ALBERHILL VILLAGES INITIATIVE Proposed initiative is unconstitutional and costly to Lake Elsinore taxpayers. The City Attorney is charged with upholding the Constitution and protecting the interests of current and future citizens of Lake Elsinore. The proposed Alberhill Villages initiative violates the California Constitution and threatens the health, safety and welfare of the City and its residents. For those reasons, the City Attorney filed a lawsuit asking the court to declare the initiative unconstitutional. Below is a summary of the recent activity regarding the initiative. The proposed Alberhill Villages Initiative is not the same Alberhill Villages Project previously presented to the Planning Commission and the community, and evaluated by the Environmental Impact Report (EIR). • On February 16, 2016, the Lake Elsinore Planning Commission held a public hearing on the Alberhill Villages Specific Plan - a 1,400 acre planned community on the existing Pacific Clay mining site proposed by landowner Castle & Cooke. The Commission voted unanimously to recommend approval of the project to the City Council. • On March 2, 2016 with City Council consideration of the project only weeks away, Castle & Cooke requested the project be "held in abeyance." In a surprising maneuver, also on March 2nd, a representative of Castle & Cooke's public relations firm delivered a 263 -page proposed initiative to the City. • The March 2nd initiative measure was later revoked and a new 263 -page initiative was submitted by representatives of the Dolphin Group on March 14, 2016. City resident Dana Mark Coon is named as the initiative's proponent. The proposed initiative contains a dramatically different plan for Alberhill Villages, including wholesale revisions benefiting the developer at the expense of the City and its taxpayers. These changes include: • Requiring the City to enter into a 45 -year development agreement imposing contractual obligations on the City to the benefit of the developer without any negotiations. • Eliminating public participation and restricting the public's right to review future land use approvals for the project, which is a fundamental, constitutional right. Requiring the City to issue public bonds to reimburse the developer for project expenses and imposing penalties on the City, including a requirement to pay the developer for land dedicated for streets, roads and other public improvements if bonds are not issued at the developer's direction. This is not typical. Developers are generally required to pay their "fair share" and to install the infrastructure required to support their project.. Instead, the initiative shifts that responsibility to the City which would burden the taxpayers to subsidize Castle & Cooke's project. • Shortcutting future environmental review and mitigation measures for project impacts like traffic. This could mean unimproved, unexpanded roads and off ramps that could cause future backlogs and traffic problems for a fast growing community in need of many critical roadway projects. Promising future amenities like parks and a university that the developer has no obligation to provide or pay for. Simply, they are only designating vacant land for these future potential uses. There is no guarantee these projects would ever be completed unless at the full cost to the City and current taxpayers. Requiring the City provide free services to the developer with no reimbursement. The City of Lake Elsinore is one of the fastest growing cities in the state and all existing developers regularly cover all associated costs of their projects. These are only some of the serious concerns the City has identified in terms of the proposed Alberhill Villages initiative. The initiative, as currently proposed, would have potentially devastating impacts to the City and its residents by forcing taxpayers to subsidize a private development in the Alberhill Villages area in perpetuity. The City Attorney believes the proposed initiative is unconstitutional. Therefore, the following actions have taken place in the last month. The actions taken by the City Attorney have been done to protect residents and the constitution. • On March 29, 2016 with the unanimous support of the City Council, the City Attorney filed a Complaint for Declaratory Relief seeking a determination by the court that the initiative is unconstitutional because it provides special benefits and gifts to the developer and impairs essential governmental functions, including budgetary decisions that support public safety and critical infrastructure. • The City Attorney's challenge seeks to uphold the constitution and protect the City of Lake Elsinore. The court hearing on the City Attorney's complaint was promptly set for April 27, 2016. • On April 1, Dana Mark Coon, through his Sacramento -based attorneys, filed their own lawsuit which sparked a series of court hearings in which the proponent has requested the court to order the City Attorney to prepare a ballot title and summary. The ballot summary is a prerequisite to beginning the process of gathering signatures. • On April 15, Presiding Judge Trask issued an order on the limited issue of requiring the City Attorney to prepare the ballot title and summary, pending determination of the initiative's constitutionality. The City Attorney appealed the April 151h limited order which automatically suspended enforcement of the court's order to prepare a title and summary, commonly called a "stay". • On April 21 st, Mr. Coon's legal team requested that the Court lift the stay and compel the City Attorney to prepare the summary despite the appeal. Judge Trask flatly refused Mr. Coon's lawyers' request and instead kept the stay in place pending the outcome on appeal. • Today, on April 22"d Mr. Coon's legal team filed a new emergency petition to the Court of Appeal asking the stay be lifted and the City Attorney be required to prepare the ballot title and summary. The Court of Appeal, SWIFTLY and without any additional briefing DENIED the request — copy attached. The next court hearing is on April 27th • The City is specifically requesting the court rule on the constitutionality of the initiative. Direct excerpts of the initiative that have triggered the City Attorney's challenge that the proposed measure is unconstitutional are attached. EXCERPTS FROM THE PROPOSED INITIATIVE The Initiative grants Castle & Cooke (the "Developer") extraordinary powers: "At the Developers discretion... , City shall immediately form an Infrastructure CFD (Community Facilities District], at City's sole cost ...... "The City will permit and enable a public Landscape Lighting and Maintenance District (LLMD) or similar maintenance mechanism at the discretion of the Developerfor use within the AVSP project area as directed by the Developer." "...the Developerwill, in its sole discretion, determine the need for the Sports Park, ..." "In the event the Developer, in its sole discretion, determines to dedicate the Sports Park to the City, the Developer will dedicate the Sports Park ...by way of a revocable offer of dedication ...... "In the event the City fails to ... complete the Sports Park within five (5) years..., then the Developer, in its sole discretion, will have the right to revoke the Offer..." "All slopes adjacent or in proximity to a public street may be maintained by a public City landscape and lighting district at the sole discretion of the Developer." "Maintenance in both private and public areas will be provided by a combination of public landscape and lighting maintenance districts and homeowner associations at the discretion of the Developer." "The City will permit and enable a public Landscape Lighting and Maintenance District (LLMD) or similar maintenance mechanism at the discretion of the Developer for use within the AVSP project area as directed by the Developer." "At the Developer's discretion ... , City shall immediately form an Infrastructure CFD [Community Facilities District], at City's sole cost ...... "Project Developer shall contact the appropriate Native American Indian tribal group to notify that Native Americans of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement at the sole discretion of the Project Developer." "The project Developer shall have the sole discretion to determine the ultimate use and disposition of the'old' Alberhill School site ...." "Payment of City of Lake Elsinore fees, and/or participation in the Western Riverside County Transportation Uniform Mitigation Fees (TUMF) program may be satisfied at the discretion of the Project Developer." The Developer can even impose financial penalties if the City does not issue municipal securities when told to do so by the Developer: • "... the Developer's request for the City to issue bonds for the Financing District is not approved ... [and] bonds are not issued ... for any reason .... THEN: ... The Developer shall be relieved of all obligations to dedicate land for the City infrastructure ... City shall ... reimburse the Developer at Fair Market Value for any land previously dedicated under this AVSP ...." The Initiative's denial of public participation is bluntly stated: "No public hearing shall be required for the consideration of a PDP [Phased Development Plan] for the first three phases of the Project. • "For Phases 1, 2, and 3 of the Project as identified on Figure 5-3, no public hearing shall be required for the consideration of Design Review." The Initiative converts many land use decisions impacting hundreds of acres of development to "ministerial" actions subject to no public scrutiny: "The three-tier process consists of ... ministerial approval of the Phased Development Plans (PDPs) for the first three phases of the Project ...." ministerial Design Review process that corresponds with actual development plans for the first three phases of the Project ...." "The Community Development Director's review of the PDP is a ministerial action and does not involve the exercise or judgment or deliberation ...." The Initiative makes no pretense of the Developer's intent that the City provide services to the Developer and to waive the City's right to recover those cost as otherwise allowed by law: "All AVSP reviews, including legal and any other outside consultant fees or costs by the City from the PDP through the Building Permit process shall be at the sole cost of the City with no cost reimbursement by the applicant or Developer required other than normal City wide adopted 'one time' application fees." "The Developer will not pay for the City's specialized consultants on a cost recovery basis (CRS Accounts)." "At the Developer's discretion and written request to the City, City shall immediately form an Infrastructure CFD, at City's sole cost ...." • "Any subsequent CEQA documents required by the City beyond those prepared by the Developer and submitted for the City review and action, shall be prepared solely at City expense with no Developer cost reimbursements." The Initiative impermissibly interferes with the City's fiscal planning and management by compelling the City to issue bonds or face severe penalties, and prohibiting the City from recovering its out-of-pocket costs. But the Initiative goes even farther by foreclosing the City's ability to pay for critical police and fire services: "All costs for the future [police station] site, police facilities, and police staff should be borne by the City." "No financing district or other public programs shall be used or conditioned by the City for special public/private taxes or private/public fees for police, fire and paramedic services within AVSP without the express permission of the Developer ...." CITY O1 -1147N - LA�� LADEULSINOP\,E —'1�a DREAM EXTREME DATE: April 22, 2016 WHY THE CITY ATTORNEY CHALLENGED THE ALBERHILL VILLAGES INITIATIVE Proposed initiative is unconstitutional and costly to Lake Elsinore taxpayers. The City Attorney is charged with upholding the Constitution and protecting the interests of current and future citizens of Lake Elsinore. The proposed Alberhill Villages initiative violates the California Constitution and threatens the health, safety and welfare of the City and its residents. For those reasons, the City Attorney filed a lawsuit asking the court to declare the initiative unconstitutional. Below is a summary of the recent activity regarding the initiative. The proposed Alberhill Villages Initiative is not the same Alberhill Villages Project previously presented to the Planning Commission and the community, and evaluated by the Environmental Impact Report (EIR). On February 16, 2016, the Lake Elsinore Planning Commission held a public hearing on the Alberhill Villages Specific Plan - a 1,400 acre planned community on the existing Pacific Clay mining site proposed by landowner Castle & Cooke. The Commission voted unanimously to recommend approval of the project to the City Council. On March 2, 2016 with City Council consideration of the project only weeks away, Castle & Cooke requested the project be "held in abeyance." In a surprising maneuver, also on March 2nd, a representative of Castle & Cooke's public relations firm delivered a 263 -page proposed initiative to the City. • The March 2nd initiative measure was later revoked and a new 263 -page initiative was submitted by representatives of the Dolphin Group on March 14, 2016. City resident Dana Mark Coon is named as the initiative's proponent. The proposed initiative contains a dramatically different plan for Alberhill Villages, including wholesale revisions benefiting the developer at the expense of the City and its taxpayers. These changes include: • Requiring the City to enter into a 45 -year development agreement imposing contractual obligations on the City to the benefit of the developer without any negotiations. • Eliminating public participation and restricting the public's right to review future land use approvals for the project, which is a fundamental, constitutional right. Requiring the City to issue public bonds to reimburse the developer for project expenses and imposing penalties on the City, including a requirement to pay the developer for land dedicated for streets, roads and other public improvements if bonds are not issued at the developer's direction. This is not typical. Developers are generally required to pay their "fair share" and to install the infrastructure required to support their project.. Instead, the initiative shifts that responsibility to the City which would burden the taxpayers to subsidize Castle & Cooke's project. Shortcutting future environmental review and mitigation measures for project impacts like traffic. This could mean unimproved, unexpanded roads and off ramps that could cause future backlogs and traffic problems for a fast growing community in need of many critical roadway projects. Promising future amenities like parks and a university that the developer has no obligation to provide or pay for. Simply, they are only designating vacant land for these futureotp ential uses. There is no guarantee these projects would ever be completed unless at the full cost to the City and current taxpayers. Requiring the City provide free services to the developer with no reimbursement. The City of Lake Elsinore is one of the fastest growing cities in the state and all existing developers regularly cover all associated costs of their projects. These are only some of the serious concerns the City has identified in terms of the proposed Alberhill Villages initiative. The initiative, as currently proposed, would have potentially devastating impacts to the City and its residents by forcing taxpayers to subsidize a private development in the Alberhill Villages area in perpetuity. The City Attorney believes the proposed initiative is unconstitutional. Therefore, the following actions have taken place in the last month. The actions taken by the City Attorney have been done to protect residents and the constitution. • On March 29, 2016 with the unanimous support of the City Council, the City Attorney filed a Complaint for Declaratory Relief seeking a determination by the court that the initiative is unconstitutional because it provides special benefits and gifts to the developer and impairs essential governmental functions, including budgetary decisions that support public safety and critical infrastructure. • The City Attorney's challenge seeks to uphold the constitution and protect the City of Lake Elsinore. The court hearing on the City Attorney's complaint was promptly set for April 27, 2016. • On April 1, Dana Mark Coon, through his Sacramento -based attorneys, filed their own lawsuit which sparked a series of court hearings in which the proponent has requested the court to order the City Attorney to prepare a ballot title and summary. The ballot summary is a prerequisite to beginning the process of gathering signatures. • On April 15, Presiding Judge Trask issued an order on the limited issue of requiring the City Attorney to prepare the ballot title and summary, pending determination of the initiative's constitutionality. The City Attorney appealed the April 151" limited order which automatically suspended enforcement of the court's order to prepare a title and summary, commonly called a "stay". • On April 215`, Mr. Coon's legal team requested that the Court lift the stay and compel the City Attorney to prepare the summary despite the appeal. Judge Trask flatly refused Mr. Coon's lawyers' request and instead kept the stay in place pending the outcome on appeal. • Today, on April 22nd Mr. Coon's legal team filed a new emergency petition to the Court of Appeal asking the stay be lifted and the City Attorney be required to prepare the ballot title and summary. The Court of Appeal, SWIFTLY and without any additional briefing DENIED the request — copy attached. The next court hearing is on April 27m The City is specifically requesting the court rule on the constitutionality of the initiative. • Direct excerpts of the initiative that have triggered the City Attorney's challenge that the proposed measure is unconstitutional are attached. EXCERPTS FROM THE PROPOSED INITIATIVE The Initiative grants Castle & Cooke (the "Developer") extraordinary powers: "Atthe Developers discretion... , City shall immediately form an Infrastructure CFD [Community Facilities District], at City's sole cost...." "The City will permit and enable a public Landscape Lighting and Maintenance District (LLMD) or similar maintenance mechanism at the discretion of the Developerfor use within the AVSP project area as directed by the Developer." "...the Developerwill, in its sole discretion, determine the need for the Sports Park, ..." "In the event the Developer, in its sole discretion, determines to dedicate the Sports Park to the City, the Developer will dedicate the Sports Park ...by way of a revocable offer of dedication ...... "In the event the City fails to ... complete the Sports Park within five (5) years..., then the Developer, in its sole discretion, will have the right to revoke the Offer..." "All slopes adjacent or in proximity to a public street may be maintained by a public City landscape and lighting district at the sole discretion of the Developer." "Maintenance in both private and public areas will be provided by a combination of public landscape and lighting maintenance districts and homeowner associations at the discretion of the Developer." "The City will permit and enable a public Landscape Lighting and Maintenance District (LLMD) or similar maintenance mechanism at the discretion of the Developer for use within the AVSP project area as directed by the Developer." "At the Developer's discretion ... , City shall immediately form an Infrastructure CFD [Community Facilities District], at City's sole cost ...... "Project Developer shall contact the appropriate Native American Indian tribal group to notify that Native Americans of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement at the sole discretion of the Project Developer." "The project Developer shall have the sole discretion to determine the ultimate use and disposition of the'old' Alberhill School site ...... • "Payment of City of Lake Elsinore fees, and/or participation in the Western Riverside County Transportation Uniform Mitigation Fees (TUMF) program may be satisfied at the discretion of the Project Developer." The Developer can even impose financial penalties if the City does not issue municipal securities when told to do so by the Developer: • '... the Developer's request for the City to issue bonds for the Financing District is not approved ... [and] bonds are not issued ... for any reason .... THEN: ... The Developer shall be relieved of all obligations to dedicate land for the City infrastructure ... City shall ... reimburse the Developer at Fair Market Value for any land previously dedicated under this AVSP ...... The Initiative's denial of public participation is bluntly stated: • "No public hearing shall be required for the consideration of a PDP [Phased Development Plan] for the first three phases of the Project. • "For Phases 1, 2, and 3 of the Project as identified on Figure 5-3, no public hearing shall be required for the consideration of Design Review." The Initiative converts many land use decisions impacting hundreds of acres of development to "ministerial" actions subject to no public scrutiny: "The three-tier process consists of ... ministerial approval of the Phased Development Plans (PDPs) for the first three phases of the Project ...... ministerial Design Review process that corresponds with actual development plans for the first three phases of the Project ...... "The Community Development Director's review of the PDP is a ministerial action and does not involve the exercise or judgment or deliberation ...." The Initiative makes no pretense of the Developer's intent that the City provide services to the Developer and to waive the City's right to recover those cost as otherwise allowed by law: "All AVSP reviews, including legal and any other outside consultant fees or costs by the City from the PDP through the Building Permit process shall be at the sole cost of the City with no cost reimbursement by the applicant or Developer required other than normal City wide adopted 'one time' application fees." "The Developer will not pay for the City's specialized consultants on a cost recovery basis (CRS Accounts)." • "At the Developer's discretion and written request to the City, City shall immediately form an Infrastructure CFD, at City's sole cost .... • "Any subsequent CEQA documents required by the City beyond those prepared by the Developer and submitted for the City review and action, shall be prepared solely at City expense with no Developer cost reimbursements." The Initiative impermissibly interferes with the City's fiscal planning and management by compelling the City to issue bonds or face severe penalties, and prohibiting the City from recovering its out-of-pocket costs. But the Initiative goes even farther by foreclosing the City's ability to pay for critical police and fire services: "All costs for the future [police station] site, police facilities, and police staff should be borne by the City." "No financing district or other public programs shall be used or conditioned by the City for special public/private taxes or private/public fees for police, fire and paramedic services within AVSP without the express permission of the Developer ...... CI r of ._ LLAKE LSI1` 0Rf DREAM EXTREME DATE: April 22, 2016 WHY THE CITY ATTORNEY CHALLENGED THE ALBERHILL VILLAGES INITIATIVE Proposed initiative is unconstitutional and costly to Lake Elsinore taxpayers. The City Attorney is charged with upholding the Constitution and protecting the interests of current and future citizens of Lake Elsinore. The proposed Alberhill Villages initiative violates the California Constitution and threatens the health, safety and welfare of the City and its residents. For those reasons, the City Attorney filed a lawsuit asking the court to declare the initiative unconstitutional. Below is a summary of the recent activity regarding the initiative. The proposed Alberhill Villages Initiative is not the same Alberhill Villages Project previously presented to the Planning Commission and the community, and evaluated by the Environmental Impact Report (EIR). • On February 16, 2016, the Lake Elsinore Planning Commission held a public hearing on the Alberhill Villages Specific Plan - a 1,400 acre planned community on the existing Pacific Clay mining site proposed by landowner Castle & Cooke. The Commission voted unanimously to recommend approval of the project to the City Council. On March 2, 2016 with City Council consideration requested the project be "held in abeyance." 1n representative of Castle & Cooke's 263 -page proposed initiative to the City. of the project only weeks away, Castle & Cooke a surprising maneuver, also on March 2nd, a public relations firm delivered a • The March 2nd initiative measure was later revoked and a new 263 -page initiative was submitted by representatives of the Dolphin Group on March 14, 2016. City resident Dana Mark Coon is named as the initiative's proponent. The proposed initiative contains a dramatically different plan for Alberhill Villages, including wholesale revisions benefiting the developer at the expense of the City and its taxpayers. These changes include: • Requiring the City to enter into a 45 -year development agreement imposing contractual obligations on the City to the benefit of the developer without any negotiations. • Eliminating public participation and restricting the public's right to review future land use approvals for the project, which is a fundamental, constitutional right. Requiring the City to issue public bonds to reimburse the developer for project expenses and imposing penalties on the City, including a requirement to pay the developer for land dedicated for streets, roads and other public improvements if bonds are not issued at the developer's direction. This is not typical. Developers are generally required to pay their "fair share" and to install the infrastructure required to support their project.. Instead, the initiative shifts that responsibility to the City which would burden the taxpayers to subsidize Castle & Cooke's project. Shortcutting future environmental review and mitigation measures for project impacts like traffic. This could mean unimproved, unexpanded roads and off ramps that could cause future backlogs and traffic problems for a fast growing community in need of many critical roadway projects. Promising future amenities like parks and a university that the developer has no obligation to provide or pay for. Simply, they are only designating vacant land for these future potential uses. There is no guarantee these projects would ever be completed unless at the full cost to the City and current taxpayers. Requiring the City provide free services to the developer with no reimbursement. The City of Lake Elsinore is one of the fastest growing cities in the state and all existing developers regularly cover all associated costs of their projects. These are only some of the serious concerns the City has identified in terms of the proposed Alberhill Villages initiative. The initiative, as currently proposed, would have potentially devastating impacts to the City and its residents by forcing taxpayers to subsidize a private development in the Alberhill Villages area in perpetuity. The City Attorney believes the proposed initiative is unconstitutional. Therefore, the following actions have taken place in the last month. The actions taken by the City Attorney have been done to protect residents and the constitution. • On March 29, 2016 with the unanimous support of the City Council, the City Attorney filed a Complaint for Declaratory Relief seeking a determination by the courtthat the initiative is unconstitutional because it provides special benefits and gifts to the developer and impairs essential governmental functions, including budgetary decisions that support public safety and critical infrastructure. • The City Attorney's challenge seeks to uphold the constitution and protect the City of Lake Elsinore. The court hearing on the City Attorney's complaint was promptly set for April 27, 2016. • On April 1, Dana Mark Coon, through his Sacramento -based attorneys, filed their own lawsuit which sparked a series of court hearings in which the proponent has requested the court to order the City Attorney to prepare a ballot title and summary. The ballot summary is a prerequisite to beginning the process of gathering signatures. • On April 15, Presiding Judge Trask issued an order on the limited issue of requiring the City Attorney to prepare the ballot title and summary, pending determination of the initiative's constitutionality. The City Attorney appealed the April 151h limited order which automatically suspended enforcement of the court's order to prepare a title and summary, commonly called a "stay'. • On April 21s`, Mr. Coon's legal team requested that the Court lift the stay and compel the City Attorney to prepare the summary despite the appeal. Judge Trask flatly refused Mr. Coon's lawyers' request and instead kept the stay in place pending the outcome on appeal. • Today, on April 22n1 Mr. Coon's legal team filed a new emergency petition to the Court of Appeal asking the stay be lifted and the City Attorney be required to prepare the ballot title and summary. The Court of Appeal, SWIFTLY and without any additional briefing DENIED the request — copy attached. The next court hearing is on April 27"' • The City is specifically requesting the court rule on the constitutionality of the initiative. • Direct excerpts of the initiative that have triggered the City Attorney's challenge that the proposed measure is unconstitutional are attached. EXCERPTS FROM THE PROPOSED INITIATIVE The Initiative grants Castle & Cooke (the "Developer") extraordinary powers: "At the Developers discretion... , City shall immediately form an Infrastructure CFD [Community Facilities District], at City's sole cost ...." "The City will permit and enable a public Landscape Lighting and Maintenance District (LLMD) or similar maintenance mechanism at the discretion of the Developerfor use within the AVSP project area as directed by the Developer." "...the Developerwill, in its sole discretion, determine the need for the Sports Park, ..." "In the event the Developer, in its sole discretion, determines to dedicate the Sports Park to the City, the Developer will dedicate the Sports Park ...by way of a revocable offer of dedication ...... "In the event the City fails to ... complete the Sports Park within five (5) years..., then the Developer, in its sole discretion, will have the right to revoke the Offer..." "All slopes adjacent or in proximity to a public street may be maintained by a public City landscape and lighting district at the sole discretion of the Developer." "Maintenance in both private and public areas will be provided by a combination of public landscape and lighting maintenance districts and homeowner associations at the discretion of the Developer." "The City will permit and enable a public Landscape Lighting and Maintenance District (LLMD) or similar maintenance mechanism at the discretion of the Developer for use within the AVSP project area as directed by the Developer." "At the Developers discretion ... , City shall immediately form an Infrastructure CFD [Community Facilities District], at City's sole cost ...... "Project Developer shall contact the appropriate Native American Indian tribal group to notify that Native Americans of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement at the sole discretion of the Project Developer." "The project Developer shall have the sole discretion to determine the ultimate use and disposition of the `old' Alberhill School site ...." • "Payment of City of Lake Elsinore fees, and/or participation in the Western Riverside County Transportation Uniform Mitigation Fees (TUMF) program may be satisfied at the discretion of the Project Developer." The Developer can even impose financial penalties if the City does not issue municipal securities when told to do so by the Developer: • '... the Developer's request for the City to issue bonds for the Financing District is not approved ... [and] bonds are not issued ... for any reason .... THEN: ... The Developer shall be relieved of all obligations to dedicate land for the City infrastructure ... City shall ... reimburse the Developer at Fair Market Value for any land previously dedicated under this AVSP ...." The Initiative's denial of public participation is bluntly stated: • "No public hearing shall be required for the consideration of a PDP [Phased Development Plan] for the first three phases of the Project. • "For Phases 1, 2, and 3 of the Project as identified on Figure 5-3, no public hearing shall be required for the consideration of Design Review." The Initiative converts many land use decisions impacting hundreds of acres of development to "ministerial" actions subject to no public scrutiny: "The three-tier process consists of ... ministerial approval of the Phased Development Plans (PDPs) for the first three phases of the Project ...." . ministerial Design Review process that corresponds with actual development plans for the first three phases of the Project ...." "The Community Development Director's review of the PDP is a ministerial action and does not involve the exercise or judgment or deliberation ...... The Initiative makes no pretense of the Developer's intent that the City provide services to the Developer and to waive the City's right to recover those cost as otherwise allowed by law: • "All AVSP reviews, including legal and any other outside consultant fees or costs by the City from the PDP through the Building Permit process shall be at the sole cost of the City with no cost reimbursement by the applicant or Developer required other than normal City wide adapted 'one time' application fees." "The Developer will not pay for the City's specialized consultants on a cost recovery basis (CRS Accounts)." "At the Developer's discretion and written request to the City, City shall immediately form an Infrastructure CFD, at City's sole cost...." "Any subsequent CEQA documents required by the City beyond those prepared by the Developer and submitted for the City review and action, shall be prepared solely at City expense with no Developer cost reimbursements." The Initiative impermissibly interferes with the City's fiscal planning and management by compelling the City to issue bonds or face severe penalties, and prohibiting the City from recovering its out-of-pocket costs. But the Initiative goes even farther by foreclosing the City's ability to pay for critical police and fire services: "All costs for the future [police station] site, police facilities, and police staff should be borne by the City." "No financing district or other public programs shall be used or conditioned by the City for special public/private taxes or private/public fees for police, fire and paramedic services within AVSP without the express permission of the Developer ...." C rrY o r ,rte LAISE LSINOkE DREAM EXTREME DATE: April 22, 2016 WHY THE CITY ATTORNEY CHALLENGED THE ALBERHILL VILLAGES INITIATIVE Proposed initiative is unconstitutional and costly to Lake Elsinore taxpayers. The City Attorney is charged with upholding the Constitution and protecting the interests of current and future citizens of Lake Elsinore. The proposed Alberhill Villages initiative violates the California Constitution and threatens the health, safety and welfare of the City and its residents. For those reasons, the City Attorney filed a lawsuit asking the court to declare the initiative unconstitutional. Below is a summary of the recent activity regarding the initiative. The proposed Alberhill Villages Initiative is not the same Alberhill Villages Project previously presented to the Planning Commission and the community, and evaluated by the Environmental Impact Report (EIR). On February 16, 2016, the Lake Elsinore Planning Commission held a public hearing on the Alberhill Villages Specific Plan - a 1,400 acre planned community on the existing Pacific Clay mining site proposed by landowner Castle & Cooke. The Commission voted unanimously to recommend approval of the project to the City Council. On March 2, 2016 with City Council consideration of the project only weeks away, Castle & Cooke requested the project be "held in abeyance." In a surprising maneuver, also on March 2nd, a representative of Castle & Cooke's public relations firm delivered a 263 -page proposed initiative to the City. • The March 2nd initiative measure was later revoked and a new 263 -page initiative was submitted by representatives of the Dolphin Group on March 14, 2016. City resident Dana Mark Coon is named as the initiative's proponent. The proposed initiative contains a dramatically different plan for Alberhill Villages, including wholesale revisions benefiting the developer at the expense of the City and its taxpayers. These changes include: • Requiring the City to enter into a 45 -year development agreement imposing contractual obligations on the City to the benefit of the developer without any negotiations. • Eliminating public participation and restricting the public's right to review future land use approvals for the project, which is a fundamental, constitutional right. Requiring the City to issue public bonds to reimburse the developer for project expenses and imposing penalties on the City, including a requirement to pay the developer for land dedicated for streets, roads and other public improvements if bonds are not issued at the developer's direction. This is not typical. Developers are generally required to pay their "fair share' and to install the infrastructure required to support their project.. Instead, the initiative shifts that responsibility to the City which would burden the taxpayers to subsidize Castle & Cooke's project. • Shortcutting future environmental review and mitigation measures for project impacts like traffic. This could mean unimproved, unexpanded roads and off ramps that could cause future backlogs and traffic problems for a fast growing community in need of many critical roadway projects. • Promising future amenities like parks and a university that the developer has no obligation to provide or pay for. Simply, they are only designating vacant land for these future potential uses. There is no guarantee these projects would ever be completed unless at the full cost to the City and current taxpayers. • Requiring the City provide free services to the developer with no reimbursement. The City of Lake Elsinore is one of the fastest growing cities in the state and all existing developers regularly cover all associated costs of their projects. These are only some of the serious concerns the City has identified in terms of the proposed Alberhill Villages initiative. The initiative, as currently proposed, would have potentially devastating impacts to the City and its residents by forcing taxpayers to subsidize a private development in the Alberhill Villages area in perpetuity. The City Attorney believes the proposed initiative is unconstitutional. Therefore, the following actions have taken place in the last month. The actions taken by the City Attorney have been done to protect residents and the constitution. • On March 29, 2016 with the unanimous support of the City Council, the City Attorney filed a Complaint for Declaratory Relief seeking a determination by the court that the initiative is unconstitutional because it provides special benefits and gifts to the developer and impairs essential governmental functions, including budgetary decisions that support public safety and critical infrastructure. • The City Attorney's challenge seeks to uphold the constitution and protect the City of Lake Elsinore. The court hearing on the City Attorney's complaint was promptly set for April 27, 2016. • On April 1, Dana Mark Coon, through his Sacramento -based attorneys, filed their own lawsuit which sparked a series of court hearings in which the proponent has requested the court to order the City Attorney to prepare a ballot title and summary. The ballot summary is a prerequisite to beginning the process of gathering signatures. • On April 15, Presiding Judge Trask issued an order on the limited issue of requiring the City Attorney to prepare the ballot title and summary, pending determination of the initiative's constitutionality. The City Attorney appealed the April 151h limited order which automatically suspended enforcement of the court's order to prepare a title and summary, commonly called a "stay". • On April 211, Mr. Coon's legal team requested that the Court lift the stay and compel the City Attorney to prepare the summary despite the appeal. Judge Trask flatly refused Mr. Coon's lawyers' request and instead kept the stay in place pending the outcome on appeal. • Today, on April 22n1• Mr. Coon's legal team filed a new emergency petition to the Court of Appeal asking the stay be lifted and the City Attorney be required to prepare the ballot title and summary. The Court of Appeal, SWIFTLY and without any additional briefing DENIED the request — copy attached. The next court hearing is on April 27th • The City is specifically requesting the court rule on the constitutionality of the initiative. • Direct excerpts of the initiative that have triggered the City Attorney's challenge that the proposed measure is unconstitutional are attached. EXCERPTS FROM THE PROPOSED INITIATIVE The Initiative grants Castle & Cooke (the "Developer") extraordinary powers: "At the Developers discretion... , City shall immediately form an Infrastructure CFD [Community Facilities District], at City's sole cost ...... "The City will permit and enable a public Landscape Lighting and Maintenance District (LLMD) or similar maintenance mechanism at the discretion of the Developerfor use within the AVSP project area as directed by the Developer." "...the Developerwill, in its sole discretion, determine the need for the Sports Park, ..." "In the event the Developer, in its sole discretion, determines to dedicate the Sports Park to the City, the Developer will dedicate the Sports Park ...by way of a revocable offer of dedication ...... "In the event the City fails to ... complete the Sports Park within five (5) years..., then the Developer, in its sole discretion, will have the right to revoke the Offer..." "All slopes adjacent or in proximity to a public street may be maintained by a public City landscape and lighting district at the sole discretion of the Developer." "Maintenance in both private and public areas will be provided by a combination of public landscape and lighting maintenance districts and homeowner associations at the discretion of the Developer." "The City will permit and enable a public Landscape Lighting and Maintenance District (LLMD) or similar maintenance mechanism at the discretion of the Developer for use within the AVSP project area as directed by the Developer." "At the Developer's discretion ... , City shall immediately form an Infrastructure CFD [Community Facilities District], at City's sole cost ...... "Project Developer shall contact the appropriate Native American Indian tribal group to notify that Native Americans of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement at the sole discretion of the Project Developer." "The project Developer shall have the sole discretion to determine the ultimate use and disposition of the `old' Alberhill School site ...... • "Payment of City of Lake Elsinore fees, and/or participation in the Western Riverside County Transportation Uniform Mitigation Fees (TUMF) program may be satisfied at the discretion of the Project Developer." The Developer can even impose financial penalties if the City does not issue municipal securities when told to do so by the Developer: • '... the Developer's request for the City to issue bonds for the Financing District is not approved ... [and] bonds are not issued ... for any reason .... THEN: ... The Developer shall be relieved of all obligations to dedicate land for the City infrastructure ... City shall ... reimburse the Developer at Fair Market Value for any land previously dedicated under this AVSP ...... The Initiative's denial of public participation is bluntly stated: "No public hearing shall be required for the consideration of a PDP [Phased Development Plan] for the first three phases of the Project. "For Phases 1, 2, and 3 of the Project as identified on Figure 5-3, no public hearing shall be required for the consideration of Design Review." The Initiative converts many land use decisions impacting hundreds of acres of development to "ministerial" actions subject to no public scrutiny: • "The three-tier process consists of ... ministerial approval of the Phased Development Plans (PDPs) for the first three phases of the Project ...... 1. ministerial Design Review process that corresponds with actual development plans for the first three phases of the Project ...." "The Community Development Director's review of the PDP is a ministerial action and does not involve the exercise or judgment or deliberation ...... The Initiative makes no pretense of the Developer's intent that the City provide services to the Developer and to waive the City's right to recover those cost as otherwise allowed by law: • "All AVSP reviews, including legal and any other outside consultant fees or costs by the City from the PDP through the Building Permit process shall be at the sole cost of the City with no cost reimbursement by the applicant or Developer required other than normal City wide adopted 'one time' application fees." • "The Developer will not pay for the City's specialized consultants on a cost recovery basis (CRS Accounts)." "At the Developer's discretion and written request to the City, City shall immediately form an Infrastructure CFD, at City's sole cost...." • "Any subsequent CEQA documents required by the City beyond those prepared by the Developer and submitted for the City review and action, shall be prepared solely at City expense with no Developer cost reimbursements." The Initiative impermissibly interferes with the City's fiscal planning and management by compelling the City to issue bonds or face severe penalties, and prohibiting the City from recovering its out-of-pocket costs. But the Initiative goes even farther by foreclosing the City's ability to pay for critical police and fire services: All costs for the future [police station] site, police facilities, and police staff should be borne by the City." "No financing district or other public programs shall be used or conditioned by the City for special public/private taxes or private/public fees for police, fire and paramedic services within AVSP without the express permission of the Developer ...... 777 U)KE.( LSIN()R,L City of Lake Elsinore Regular Agenda Successor Agency BRIAN TISDALE, CHAIR ROBERT MAGEE, VICE -CHAIR DARYL HICKMAN, AGENCY MEMBER STEVE MANOS, AGENCY MEMBER NATASHA JOHNSON, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR Tuesday, April 26, 2016 7:00 PM PUBLIC SESSION at 7:00 PM LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. City of Lake Elsinore Page 1 Printed on 412112016 Successor Agency Regular Agenda CALL TO ORDER - 7:00 P.M. ROLL CALL PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE April 26, 2016 (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it in to the City Clerk. The Mayor 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) Warrant List Dated April 14, 2016 Recommendation: Receive and File the Warrant List dated April 14, 2016. Attachments: SA RDA Staff Report 4-26-16 SA RDA Warrant Summary 04 14 16 SA RDA Warrant List 04 14 16 2) Investment Report for March 2016 Recommendation: Receive and Rile the Investment Report for March 2016 Attachments: SA RDA Investment SR 2016-03 City Investment Report 2016-03 - Exhibit A PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) ADJOURNMENT The Successor Agency will adjourn this meeting to the next regular scheduled meeting of Tuesday, May 10, 2016. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC 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. 1. Susan M. Domen, MMC City Clerk City of Lake Elsinore Page 2 Printed on 412112016 CITY COUNCIL PUBLIC HEARING NOTICE City of Lake Elsinore A PUBLIC HEARING WILL BE HELD BY THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE ON TUESDAY, THE 26t" DAY OF April, 2016, AT 7:00 P.M. OR AS SOON THEREAFTER AS THE ITEM MAY BE HEARD AT THE CULTURAL CENTER LOCATED AT 183 N MAIN STREET, LAKE ELSINORE TO CONSIDER THE FOLLOWING PROJECT: Specific Plan Amendment 2016-01 (Summerly) and Tentative Tract Map 31920 Modification• A request )y DMB Pacific Ventures for the approval of an erraturn to the East Lake Specific Plan Amendment #6 to ;hange the land use designation of parcel 18 of TTM 31920 to RES-2 from RES-1, modifications to tevelopment standards for the RES-2 designation, and a modification to Tentative Tract Map 31920 to >ubdivide lot 18 into 95 residential lots. The subject project is located in the located in the Recreation Village District and in the central area of the ELSP. aLL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, >xpress opinions or otherwise present evidence in the above matters. 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 flse at the public hearing described in this notice, or in written correspondence delivered to the City prior to �r at the public hearing. The City of Lake Elsinore is committed to making its programs, services and activities accessible to individuals with disabilities. If you require accommodation to participate in a public hearing or my other city program, service or activity, please contact the City Clerk's office at the address provided bove, or call (951) 674-3124 ext. 262. All Agenda materials are available for review at,City Hall the Friday ,efore the public hearing. URTHER INFORMATION on this item maybe. obtained by contacting Justin Kirk, Principal Planner in the 'fanning Division at (951) 674-3124, ext. 284. ;usan M. Domen, MMC, City Clerk ',ity of Lake Elsinore 130 South Main Street _ake Elsinore, CA 92530 OFFICIALNOTICE CITY OF LAKE ELSINORE CITY CLERK'S DEPARTMENT ru 371 040 011 Woodside 05s LP 11870 Pierce St #250 Riverside CA 92505 371 040 015 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 040 024 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 040 026 McMillin Summerly 2750 Womble Rd 4200 San Diego CA 92106 371 040 027 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 040 032 McMillin Summerly 2750 Womble Rd #200 San Diego CA 192106 371 270 004 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 270 007 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 270 010 Summerly Community Assn 25109 Jefferson Ave #300 Murrieta CA 92562 371 270 011 Summerly Community Assn 25109 Jefferson Ave #300 Murrieta CA 92562 371 270 012 Summery Community Assn 25109 Jefferson Ave #300 Murrieta CA 92562 371 270 020 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 270 021 Summerly Unit 16 LLC 25109 Jefferson Ave #300 Murrieta CA 192562 371 270022 McMillin Summerly 2750 Womble Rd 4200 San Diego CA 92106 371 270 025 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 270 029 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 270 035 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 270 038 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 270 039 McMillin Summerly 2750 Womble Rd #200 San Diego CA 92106 371 270 040 Summerly Community Assn 25109 Jefferson Ave #300 Murrieta CA 92562 371 270 054 McMillin Summerly 29349 Summerly PI Lake Elsinore CA 92530 371 270 055 Elsinore Valley Muni Water Dist Po Box 27 Lake Elsinore CA 92531 371 310 016 Foisy Aaron R 29303 Catchers Way Lake Elsinore CA 92530 371 310 017 Francisco Candida D 29299 Catchers Way Lake Elsinore CA 92530 371 310 018 Jurj Maria 29295 Catchers Way Lake Elsinore CA 92530 371 310 019 Lopez Carlos 29291 Catchers Way Lake Elsinore CA 192530 371 310 020 Head Tamara J 29307 Dugout Dr Lake Elsinore CA 192530 371 310 021 Goodall Hilda 29311 Dugout Dr Lake Elsinore CA 192530 371 310 022 Elson Robert Emery 29315 Dugout Dr Lake Elsinore CA 192530 371 310 023 Gonzalez Servin Rodolfo 29319 Dugout Dr Lake Elsinore CA 192530 371 310 024 Camara Noelle 29323 Dugout Dr Lake Elsinore CA 192530 371 310 025 Maracle John 29327 Dugout Dr Lake Elsinore CA 92530 371 310 026 Do Jenny 29368 Batters Box Lake Elsinore CA 92530 371 310 027 Do Thanhlan Thi 29372 Batters Box Lake Elsinore CA 92530 371 310 028 Summerly Community Assn 25109 Jefferson Ave #300 Murrieta CA 92562 371 312 001 Rovello Francisco A 29320 Dugout Dr Lake Elsinore CA 92530 371 312 002 Aydlette Richard G 29316 Dugout Dr Lake Elsinore CA 92530 371 312 003 Tate Dennis 29312 Dugout Dr Lake Elsinore CA 192530 371 312 004 Mortz John P 29308 Dugout Dr Lake Elsinore CA 92530 371 312 005 Anaya Alexander 29309 Champion Lake Elsinore CA 92530 371 312 006 Larouche Broc Martin 29313 Champion Lake Elsinore CA 92530 371 320 003 McMillin Daybreak 2750 Womble Rd #200 San Diego CA 92106 371 320 004 Jordan Mark K 29365 Bullpen Way Lake Elsinore CA 92530 371 320 005 Chandler M R & J E Trust 29361 Bullpen Way Lake Elsinore CA 92530 371 320006 ZhengJun 29357 Bullpen Way Lake Elsinore ICA 92530 371 320 007 Swift Eric J & Stacy J 29353 Bullpen Way Lake Elsinore CA 92530 371 320 008 Perry Denise 29349 Bullpen Way Lake Elsinore CA 92530 371 320 009 Johnson Donald & Jessie 29345 Bullpen Way Lake Elsinore CA 92530 371 320 010 Summerly Community Assn 25109 Jefferson Ave #300 Murrieta CA 92562 371 320 011 Avina Elizabeth 29278 Grand Slam Lake Elsinore CA 92530 371 320 012 Mion Ronald J & Glenda K 29282 Grand Slam Lake Elsinore CA 92530 371 320 013 Annan Esther C 29288 Grand Slam Lake Elsinore CA 92530 371 323 001 Pulu Fatu F Jr & Fenika L 29283 Grand Slam Lake Elsinore CA 92530 371 323 002 Wilkins Desmond D II 29362 Grand Slam Lake Elsinore CA 92530 371 323 003 McMillin Daybreak 2750 Womble Rd #200 San Diego CA 92106 371 323 004 McMillin Daybreak 2750 Womble Rd #200 San Diego CA 92106 371 323 012 Hall Prince C III & Carnesha D 29287 Grand Slam Lake Elsinore CA 92530 371 351 024 Ryland Homes Of Calif Inc 49 Discovery #250 Irvine CA 92618 371 351 025 Erenas Sergio D R 29294 Links Lake Elsinore CA 192530 371 351 026 Ryland Homes Of Calif Inc 49 Discovery #250 Irvine CA 92618 371 351 027 Roach Brandon T 29286 Links Lake Elsinore CA 92530 371 351 028 Goodwin Thomas E III 29282 Links Lake Elsinore CA 92530 371 351 029 Ryland Homes Of Calif Inc 49 Discovery #250 Irvine CA 92618 F. rstA.merican TideT HOMEBUILDER SERVICES 1250 Corona Pointe Court, Suite 201, Corona, CA 92879 Toll Free (877) 659-4502 - Fax (909) 477-6055 First American Title Insurance Company, a California corporation, HEREBY CERTIFIES THAT ACCORDING TO THE RECORDS OF A VENDOR SERVICE, THE ATTACHED LIST CONTAINS THE NAMES AND ADDRESSES OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY OF RIVERSIDE WITHIN THE AREA DESCRIBED AND FOR A DISTANCE OF 300 FEET FROM THE EXTERIOR BOUNDARIES OF THE PROPERTY LEGALLY DESCRIBED AS: APN: 371-270-04,22,54&55 Dated March 21, 2016 FirstAmerican Title Company Limitation of Liability for Informational Report IMPORTANT — READ CAREFULLY: THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS -IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN'S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE INFORMATION HEREIN. First American. Title Insurance Comparft' 4"4 Chief Executive Officer r Ruben Castro - Vice President - Southern California Regional Director First American Title Company [) ]J f'��1 •§ a 5585 �,14EA] LOT A w-� IILc r rl _ f.... .,....r ..... - , lor tii - C3 ... !' •' tel, '._ • 1 F"OT ���� � L•fVi88 s v tol �0= 1 9O 5p9 LO'l'r1pG ..- as '�'e - 4•d.•�6. �� - 41 N LOT AF - �, •' r`. � : ,. • ,�' � '.__ � as ani .y -�_ 10RL0T33 �o 27 �` �- 13w AG ML OrFFF Pe Oeaaa �� a � Rµ �kAc�A388 7 o' � [n M, o 0 p � x fn Qo N L s Z C> rn cn a7 A DE. 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I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized representative of THE PRESS -ENTERPRISE, a newspaper in general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the persons) requesting publication, and not in any supplement thereof on the following dates, to wit: 04/15/2016 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dale: Apr 15, 2016 At: Riverside, California /entative, Legal Advertising Repre The Press -Enterprise LAKE ELSINORE, CITY OF 130 S MAIN ST LAKE ELSINORE, CA 92530 Ad Number: 0010154677-01 P.O. Number: TTM 33725 Ad Copy: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a public hearing on April 26, 2016, at the Lake Elsinore Cultural Center, 183 North Main.Sheet, Lake Elsinore, California, 9253Q at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the tollowlng related items: EXTENSION OF TIME FOR', TENTATIVE TRACT MAP NO., 33725 • A SUBDIVISION OF 52.7. ACRES INTO 221 SINGLE FAMILY RESI• - DENTIAL LOTS, LOCATED SOUTH OF LITTLE VALLEY. ROAD, NTH OF SCENIC CREST DRIVE WEST OF GRE ENWALD AND EAST OF GRASSY MEADOW'DRIVE, AND KNOWN A5 ASSESSOR PARCEL. NUMBERIS). 349@40•- . 006, 043 THIRD -047,.054 THRU •056, 349, 380-024 AND -025. .TED PERSONS are hereby invited to. hearing to present written. information, or otherwise present evidence in the you wish to legally challenge any ac at the public hearing described in this notice, or In written correspondence deliveredto file City prior to or at the public hearing - The City of Lake Elsinore. is committed to makingits programs, services and activities accessible to individuals with disabilities. If you require accommoda- lion to participate in a public hearing or any other city pro gram, service or activity, please contact the City Clerk's office at the address provided above, or call (9511 674- 3124 and. 262. All Agenda materials are available or re- view at City Hall the Friday before the public hearing. FURTHER INFORMATION on this item may be ob-. talned by contacting urustinKVk. Principal Planner in the Planning Division at (951) 674-3124, ext. 284. Dated: April it 2016 Susan M. Domen Susan M. Domen, MMC. City Clerk Posted at City Hell on Friday, April 15, 2016 Published in the Press Enterprise on Friday, April 15, 2016 CI 1Y o ISL LSI 0P E w DREAM IXI REM F_ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a public hearing on April 26, 2016, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the following related items: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 33725 - A SUBDIVISION OF 52.7 ACRES INTO 221 SINGLE FAMILY RESIDENTIAL LOTS, LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AND EAST OF GRASSY MEADOW DRIVE, AND KNOWN AS ASSESSOR PARCEL NUMBER(S) 349- 240-006, 043 THRU -047, -054 THRU -056, 349-380-024 AND -025. ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, express opinions or otherwise present evidence in the above matters. 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. The City of Lake Elsinore is committed to making its programs, services and activities accessible to individuals with disabilities. If you require accommodation to participate in a public hearing or any other city program, service or activity, please contact the City Clerk's office at the address provided above, or call (951) 674-3124 ext. 262. All Agenda materials are available for review at City Hall the Friday before the public hearing. FURTHER INFORMATION on this item may be obtained by contacting Justin Kirk, Principal Planner in the Planning Division at (951) 674-3124, ext. 284. Dated: April 11, 2016 Susan omen, MMC, City Clerk Posted at City Hall on Friday, April 15, 2016 Published in the Press Enterprise on Friday, April 15, 2016 Extension of Time for Tentative Tract Map No. 33725 CITY OF LAKE LSINOILE DREAM XTREMF jam rree rnntm9 ® www.avetycom Use Avery® TEMPLATE 51600D 1 -800 -GO -AVERY AVERY@ 51600 APN 349240051 APN 349240048 + APN 349380029 KENNETH CRONCE PATRICIA DYE LAWRENCE EVERSOLE 20600 LITTLE VALLEY 8033 DUNBARTON AVE 20800 LARI MARK ST PERRIS CA 92570 LOS ANGELES CA 90045 PERRIS CA 92570 APN 349240057 APN 349380022 APN 349240053 SUSAN FRASER ARTURO GARCIA MARVIN HALL 20825 AUBRY ST P 0 BOX 1247 22776 WATERVIEW DR PERRIS CA 92570 LAKE ELSINORE CA 92531 CANYON LAKE CA 92587 APN 349380017 APN 349240050 APN 349240062 HENRY HILLYER RICK KUFFNER CALVIN MANK 28700 GREENWALD AVE 20550 LITTLE VALLEY RD 20910 LITTLE VALLEY RD PERRIS CA 92570 PERRIS CA 92570 PERRIS CA 92570 APN 349390007 APN 349240061 APN 349240058 JOHN MARRELLI WALTER NICOLSON BERNARDO ORTEGA 3160 LIONSHEAD AVE NO 1 20950 CLAIRE RD 1729 S FAIRVIEW ST CARLSBAD CA 92010 LAKE ELSINORE CA 92530 SANTA ANA CA 92704 APN 349240052 APN 349240006 + APN 349380026 ERVINSNEAD SPT AREP III TUSCANY ASSOC CHING HAI INTERNATIONAL ASSN 20640 LITTLE VALLEY RD 2 PARK PLAZA STE 700 28530 GREENWALD AVE PERRIS CA 92570 IRVINE CA 92614 PERRIS CA 92570 APN 349380023 APN 349390004 + PAUL TOUW TT GROUP 26661 PIERCE CIR 606 N IST ST MURRIETA CA 92562 SAN JOSE CA 95112 ®09GS ®JlZ1EAb A83AV,09-008-6 ��� ®09L5 31VIdW310aAy esG Diana Gir6n From: Diana Gir6n Sent: Monday, April 11, 2016 11:28 AM To: 'PEC Legals Master' Cc: Carole Donahoe; Justin Kirk; Susan M. Domen, MMC; Luz Reyes; Tanya Wells Subject: FW: Legal Publication - Extension of Time for TTM No. 33725 Attachments: CC NOPH EOT 33725 4-26-16 Revised.doc Good morning, Attached is the REVISED Notice of Public Hearing for Extension of Time for Tentative Tract Map No. 33725 for publication as previous requested. Please do not hesitate to contact me if you have any questions. Thank you. Diana Gir6n Deputy City Clerk City of Lake Elsinore PH:(951) 674-3124, 261 From: Diana Gir6n Sent: Monday, April 11, 2016 10:31 AM To: TEC Legals Master' <legalsmaster@pe.com> Cc: Carole Donahoe <cdonahoe@Lake-Elsinore.org>; Justin Kirk <jkirk@Lake-Elsinore.org>; Susan M. Domen, MMC <sdomen@lake-elsinore.org>; Luz Reyes <Ireyes@Lake-Elsinore.org>; Tanya Wells <twells@Lake-Elsinore.org> Subject: Legal Publication - Extension of Time for TTM No. 33725 Good morning, Attached is a Notice of Public Hearing for Extension of Time for Tentative Tract Map No. 33725 for publication in your Friday, April 15, 2016 edition. Please confirm receipt and date of publication. Also, if you would please forward us the proof of publications as soon as they are available. Respectfully Diana Gir6n Deputy City Clerk City of Lake Elsinore PH:(951) 674-3124 Ext. 261 FX: (951) 245-5322 CITY OF LADE LSINORE DREAM EXTREME - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a public hearing on April 26, 2016, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the following related items: Specific Plan Amendment 2016-01 (Summerly) and Tentative Tract Map 31920 Modification: A request by DMB Pacific Ventures for the approval of an erratum to the East Lake Specific Plan Amendment #6 to change the land use designation of parcel 18 of TTM 31920 to RES -2 from RES -1, modifications to development standards for the RES -2 designation, and a modification to Tentative Tract Map 31920 to subdivide lot 18 into 95 residential lots. The subject project is located in the located in the Recreation Village District and in the central area of the ELSP. A Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SHC #2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan. The Project does not present substantial changes or new information regarding the potential environmental impacts of development. Therefore, no additional CEQA documentation is necessary. ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, express opinions or otherwise present evidence in the above matters. 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. The City of Lake Elsinore is committed to making its programs, services and activities accessible to individuals with disabilities. If you require accommodation to participate in a public hearing or any other city program, service or activity, please contact the City Clerk's office at the address provided above, or call (951) 674-3124 ext. 262. All Agenda materials are available for review at City Hall the Friday before the public hearing. FURTHER INFORMATION on this item may be obtained by contacting Justin Kirk, Principal Planner in the Planning Division at (951) 674-3124, ext. 284. Dated: April 11, 2016 ✓ 'L_ - Susan . men, MMC, City Clerk Posted at City Hall on Friday, April 15, 2016 Published in the Press Enterprise on Friday, April 15, 2016 THE PRESS -ENTERPRISE 1825 Chicago Ave, Suite 100 Riverside, CA 92507 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010,2015.5 C.C.P) Publication(s): The Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: SPA 2016-01 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized representative of THE PRESS -ENTERPRISE, a newspaper in general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267664, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 04/15/2016 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Apr 15, 2016 At: Riverside, California Legal Advertising Representative, The Press -Enterprise LAKE ELSINORE, CITY OF 130 S MAIN ST LAKE ELSINORE, CA 92530 Ad Number: 0010154782-01 P.O. Number: SPA 2016-01 Ad Copy: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a public hearing on April 25, 2016, at the Lake Elsinore Cultural Center, 163 North Main Street, Lake Elsinore, Caltlornk, 92530, at 700 p.m., or as soon thereafter as the matter may be heard, to consider the following related items: Specific Plan Amendment 201601 r5umI merl and Tentative Tract Map 31920 Modllication: request by DMB Pacific Ventures for the approval of an er- ratum to the East lake Specific Plan Amendment #6 to change the land use designation of parcel 16 of TTM 31920 to RES -2 from RES -1, modifications to develop rnent standards for the RES -2 designation, and a modih cation to Tentative Tract Map 31920 to subdivide lot 16 in- to 95 residential lots. The subject project Is located In the located in the Recreation Village District and in the cen- tral area of the ELSP. A Supplemental Environmental Impact Report (SEIR) was approved and adoppted in 2004 for the East Lake Specific Plan Amendment No. 6 (SHC #2003071050). The FEAR evaluated environmental impacts that would result from maximum buildout of the Specific Plan. The Project does not present substantial changes or new intonation regarding the potential environmental impacts of develop- ment. Therefore, no additional CEOA documentation is necessary. ALL INTERESTED PERSONS are hereby invited to at- tend this public hearing to present written information, ex- press opinions or otherwise present evidence in the above matters. If you wish to legally challenge any ac- tino taken by the City on the above matter, van may be at the public hearing described in this notice, or in written correspondence delivered to the Ctly prior to or at the public hearing. The City of Lake Elsinore is committed to making its programs, services and activities accessible to individuals with disabilities. If you require accommoda- tion to participate in a public hearing or any other city pro- gram, service or activity, please contact the City Clerk's office at the address provided above, or call (951) 674- 3124 ext. 262. All Agends, materials am available for re- view at City Hall the Friday before the public hearing. FURTHER INFORMATION on this ttem may be ob- tained by contacting Justin Kirk, Principal Planner in the Planning Division at (951) 6743124, ext. 2e4. Dated: April ii, 2016 Susan M. Domen Susan M. 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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 *Totals include the Housing and Successor Agency CAMP Portfolios. CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF MARCH 31, 2016 FUND NO FUND NAME AMOUNT 366 CFD 2005-6 City Center Townhomes Debt Service Fund 95,465 367 CFD 2005-3 Summerly Debt Service Fund 151,527 368 CFD 2006-2 Viscaya Debt Service Fund 177,195 369 CFD 2004-3 Area 1 Rosetta Canyon Debt Service Fund 406,731 371 CFD 2005-1 Serenity Debt Service Fund 280,720 372 CFD 2005-2 Alberhill Ranch Debt Service Fund 724,083 374 CFD 2005-4 Lakeview Villas Debt Service Fund 48,267 375 CFD 2006-4 Tract No. 30698 & 32129 Debt Service Fund 25,624 376 CFD 2006-3 La Strada Debt Service Fund 25,394 377 CFD 2006-6 Tessara Debt Service Fund 13,954 378 CFD 2006-8 Tract No. 31957 Debt Service Fund 44,891 384 CFD 2003-2 Area B Canyon Hills Debt Service Fund 562,870 385 CFD 2004-3 Area 2 Rosetta Canyon Debt Service Fund 586,452 386 CFD 2007-4 Mekenna Debt Service Fund 7,919 387 CFD 2007-5 Red Kite Debt Service Fund 64,475 388 CFD 2007-6 Holiday Inn Debt Service Fund 3,686 389 CFD 88-3 (2008A) West Lake Elsinore Debt Service Fund 1,037,638 390 CFD 2003-2 Area C Canyon Hills Debt Service Fund 28,362 392 CFD 95-1 City Center Debt Service Fund 97,230 393 AD 93-1 Debt Service Fund 368,426 394 CFD 2005-5 (2012A) Wasson Canyon Debt Service Fund 297,682 510 Successor Agency RDA Area 1 527,527 520 Successor Agency RDA Area II 2,260,928 530 Successor Agency RDA Area III 1,173,755 540 Successor Area RDA Diamond Stadium 2,049,441 604 Endowment Trust Fund 11,056 605 Public Improvement Trust Fund 835,708 606 Mobile Source Air Polution Reduction Fund 201,537 608 Trust Deposit & Pre Paid Expense Fund 5,557,071 617 Successor Agency Housing Fund 11,499,228 620 Cost Recovery System Fund 1,060,832 631 Lake Destratification Equipment Replacement Fund 178,734 655 CFD 2015-1s Law, Fire, Paramedic Services 20,000 723 LEPFA 2008 Series A 3,584 731 LEPFA 2011 Series B 2,709 734 LEPFA 2013 Series C 408,826 780 LEPFA General 93,336 Total Pooled Cash & Investments $ 59,973,844 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF MARCH 31, 2016 FUND NO FUND NAME 100 General Fund 101 Supplemental Law Enforcement Fund 104 Traffic Offender Fund 106 Affordable Housing In Lieu Fund 107 Developer Agreement Revenue 110 State Gas Tax Fund 112 Measure A Fund 114 SB1186 CASP Education Program Fund 115 Traffic Safety Fund 116 City Hall -Public Works DIF Fund 117 Community Center DIF Fund 118 Lake Side Facility DIF Fund 120 Camino Del Norte DIF 121 T.R.I.P.-2014A 135 Lighting & Landscape Maintenance Fund - Dist. No. 1 140 Geothermal Fund 155 CSA152 -- N.P.D.E.S. 201 Street C.I.P. Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 211 Storm Drain C.I.P. Fund 221 Quimby Park C.I.P. Fund 231 Library C.I.P. Fund 232 City Fire Protection Fund 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 268 CFD 2006-2 Viscaya Improvement 271 CFD 2005-1 Serenity Improvement 310 Support Service 320 Facilities Service 331 CFD 2006-1 CC Summerly Improvement Area CC 332 CFD 2006-1 Improvement Area B, Summerly 333 CFD 2015-3 Terracina 334 CFD 2015-5 Trieste - Far West Industries 342 CFD 2007-5 Red Kite Service Fund 343 CFD 2006-2S Viscaya Services 344 CFD 2005-2 Alberhill Ranch Services Fund 345 CFD 2003-25 Improvement Area D, Canyon Hills 346 CFD 2014-1 Southshore Debt Service Fund 347 CFD 2006-1 Improvement Area A, Summerly 348 CFD 2003-2 Improvement Area C, Canyon Hills 349 CFD 88-3 (2013B) Debt Service Fund 350 CFD 98-1 Summerhill Debt Service Fund 352 AD 86-1 Debt Service Fund 354 CFD 90-2 Successor RDA Debt Service Fund 357 CFD 2003-2 Canyon Hills Debt Service Fund F_\rt'iCe,711011 4,876,249 8,333 6,009 2,720,869 1,349,434 2,002,655 1,378,136 5,155 66,332 1,073,555 463,762 787,966 36,662 632,008 469,578 19,649 104,038 98 805 3,525,569 3,534,342 36,332 1,670,285 137,672 126,253 217 171 280,528 120,551 8,709 24,813 25,664 45,000 1,930 21,090 58,812 436,083 62,281 49,370 87,757 58,862 494,560 655,956 1,144,188 432,693 CITY OF LAKE ELSINORE LOCAL AGENCY INVESTMENT FUND TRANSACTION SUMMARY FOR THE MONTH ENDING MARCH 31, 2016 Yield Purchase Date Maturity Rate 0.506% Daily 24 -Hour Agency Beginning Balance Net Increase/(Decrease) Ending Balance City $ 17,353,747 $ - $ 17,353,747 City for the PFA $ 329,606 $ - $ 329,606 Successor Agency $ 90,445 $ - $ 90,445 Total Investments Held with Local Agency Investment Fund: $ 17,773,798 $ - $ 17,773,798 INVESTMENTS City Investments: City Local Agency Investment Fund 17,353,747 City Local Agency Investment Fund for the PFA 329,606 17,353,747 329,606 City CAMP Investments: CITY OF LAKE ELSINORE CAMP Pool Account INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS 40,950 U.S. Treasury Bond / Note 12,221,996 - - AS OF MARCH 31, 2016 Municipal Bond / Note 290,464 - - 290,464 BANK DEPOSITS OUTSTANDING 530,253 - - BOOK CASH ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank Accounts: 7,164,531 Certificate of Deposit 4,650,000 - - General Checking Account $ 2,577,973 $ 87,247 $ (465,257) $ 2,199,963 Cash On Hand: 12,424 - - 12,424 Housing U.S. Treasury Bond / Notes Cashier Drawers #1 & #2 - - - 300 City of Lake Elsinore Petty Cash Fund - - 1,000 Total Cash Accounts 2,577,973 87,247 (465,257) 2,201,263 INVESTMENTS City Investments: City Local Agency Investment Fund 17,353,747 City Local Agency Investment Fund for the PFA 329,606 17,353,747 329,606 City CAMP Investments: CAMP Pool Account 40,950 - - 40,950 U.S. Treasury Bond / Note 12,221,996 - - 12,221,996 Municipal Bond / Note 290,464 - - 290,464 Federal Agency Collateralized Mortgage Obligation 530,253 - - 530,253 Federal Agency Bond / Note 4,810,192 - - 4,810,192 Corporate Note 7,164,531 - - 7,164,531 Certificate of Deposit 4,650,000 - - 4,650,000 Housing CAMP Investments: Housing CAMP Pool Account 12,424 - - 12,424 Housing U.S. Treasury Bond / Notes 2,505,483 - - 2,505,483 Housing Municipal Bond / Notes 30,084 - - 30,084 Housing Federal Agency Collateralized Mortgage 95,951 - - 95,951 Housing Federal Agency Bond / Notes 829,781 - - 829,781 Housing Corporate Notes 1,164,851 - - 1,164,851 Housing Certificate of Deposit 400,000 - - 400,000 Successor Investments: Successor Local Agency Investment Fund 90,445 - - 90,445 Successor CAMP Investments. Successor CAMP Pool Account 45,163 - - 45,163 Successor U.S. Treasury Bond / Notes 2,841,750 - - 2,841,750 Successor Municipal Bond / notes 30,084 - - 30,084 Successor Federal Agency Collalerized Mortgage 95,951 - - 95,951 Successor Federal Agency Bond/ Notes 904,711 - - 904,711 Successor Corporate Notes 915,899 - - 915,899 Successor Certificate of Deposit 400,000 - - 400,000 Sub -total investments 57,754,318 - - 57,754,318 Market Value Adjustment: Unrealized Gain/ (Loss) at 06-30-15 City 4,631 - - 4,631 Unrealized Gain/ (Loss) at 06-30-15 SARDA 13,632 - 13,632 Total Unrealized Gain/ (Loss) at 06-30-15 per GASB 31 18,263 - - 18,263 Total Investments 57,772,581 - - 57,772,581 Total Pooled Cash and Investments $ 60,350,553 $ 87,247 $ (465,257) $ 59,973,844 TOTAL POOLED CASH AND INVESTMENTS $ 59.973844 1 certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 9, 2015. 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 April 18, 2016 Director of Administrative Services Date CITY OF - LAKE LSIIYORF DREAM EXTREME, CITY OF LAKE ELSINORE INVESTMENT REPORT CITY OF LADE LSII` ORE 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: APRIL 26, 2016 SUBJECT: INVESTMENT REPORT FOR MARCH 2016 Recommendation Receive and file the Investment Report for March 2016. Discussion The Investment Report is a listing of all funds invested for the City of Lake Elsinore and includes funds held for the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore as of the date shown on the report. Prepared By: Andrew Zavala Account Specialist II Approved By: Jason P. Simpson Director of Administrative Services Approved By: Grant M. Yates Executive Director Attachments: Investment Report for March 2016 Agenda Date: 4/26/2016 In Control: Successor Agency Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 16-171 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w take-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 412112016 APRIL L 1-1, 2015 WA1 RANT 1TST SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY Or LAKE EILSINORE CHECK# VENDOR NAME AMOUNT 125640 WARREN COLLINS & ASSOCIATES 38,345.00 125677 ENDRESEN DEVELOPMENT, LLC 600.00 GRAND TOTAL $ 45,262.50 4/19/2016 Warrant 04 14 16 SA RDA 1 of 1 A"PRIll',L lel, 2016 W A,RIRAN']l' SUMM, AIRY SUCCESSOR AGED CY OF 1f'H E RED EV EILOIf M TENT AGENCY OF THE CIVI['Y OF LAKE E ,SINOR1E FUND# FUND DESCRIlYT1ON ` 01'A1L 540 SUCCESSOR STADIUM CAPITAL $ 45,262.50 GRAND TOTAL $ 45,262.50 4/19/2016 Warrant 04 14 16 SA RDA 1 of 1 CF1„Y oF . LAKE CLSMOKE "�. DREAM E)(rRLME REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE i� DATE: SUBJECT: Recommendation HONORABLE AGENCY CHAIRMAN AND MEMBERS OF THE SUCCESSOR AGENCY GRANT YATES EXECUTIVE DIRECTOR APRIL 26, 2016 Warrant List dated April 14, 2016 Receive and File Warrant List dated April 14, 2016. 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 - SR Warrant - Exhibit A Warrant - Exhibit B City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 _ www.lake-elsinore.org C rrl:t i sIP� io 11j: Text File File Number: ID# 16-170 Agenda Date: 4/26/2016 Version: 1 Status: Approval Final In Control: Successor Agency File Type: Report Agenda Number: 1) City o/ Lake Elsinore Page 1 Printed on 412112016 Successor Agency Regular Agenda CALL TO ORDER - 7:00 P.M. ROLL CALL PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE April 26, 2016 (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it in to the City Clerk. The Mayor 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) Warrant List Dated April 14, 2016 Recommendation: Receive and File the Warrant List dated April 14, 2016. Attachments: SA RDA Staff Report 4-26-16 SA RDA Warrant Summary 04 14 16 SA RDA Warrant List 04 14 16 2) Investment Report for March 2016 Recommendation: Receive and Rile the Investment Report for March 2016 Attachments: SA RDA Investment SR 2016-03 City Investment Report 2016-03 - Exhibit A PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) ADJOURNMENT The Successor Agency will adjourn this meeting to the next regular scheduled meeting of Tuesday, May 10, 2016. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC 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. Susan M. Domen, MMC City Clerk City of Lake Elsinore Page 2 Printed on 412112016 LAKs E Q LS11--i(5) ZE DIU:A4� riumr City of Lake Elsinore Regular Agenda Successor Agency BRIAN TISDALE, CHAIR ROBERT MAGEE, VICE -CHAIR DARYL HICKMAN, AGENCY MEMBER STEVE MANOS, AGENCY MEMBER NATASHA JOHNSON, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, April 26, 2016 7:00 PM Cultural Center PUBLIC SESSION at 7:00 PM 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. City o/Lake Elsinore Page 1 Printed on 4/2112016 Section 7. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Lake Elsinore. Section 8. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. Section 9. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer -Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance. Section 10. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. Section 11. This Ordinance shall take effect thirty days after its final passage. PASSED, AND ADOPTED this 26th day of April, 2016. ATTEST: Susan M. Domen, MMC City Clerk Brian Tisdale, Mayor APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney WHEREAS, on April 12, 2016, a special election was held within the Annexation Property at which the qualified electors approved by more than a two-thirds vote the proposition authorizing the levy of a special tax within the Annexation Property for the purposes described in Resolution No. 2016-020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) ORDAINS AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment "A" to Resolution No. 2015-078, which is incorporated by reference herein (the "Rate and Method"). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter so long as the services authorized to be financed by the District, are provided through such financing within the District. Section 3. Each of the Mayor, the City Manager, the Director of Administrative Services, or their written designees (each, an "Authorized Officer"), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer -Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year. Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section G of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2015-078, Resolution No. 2016-_, any resolution to annex property to the District or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2015-078. Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time. ORDINANCE NO. 2016 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES WHEREAS, on July 28, 2015, the City Council (the "City Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2015-066 declaring its intention to form Community Facilities District No. 2015-2 of the City of Lake Elsinore (the "District," which District shall include the Annexation Property (as defined below) and any additional property annexed to the District in accordance with the Act (as defined below)) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act'); and, WHEREAS, on September 22, 2015, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public maintenance services described in Resolution No. 2015-066; and, WHEREAS, at the September 22, 2015 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the maintenance services described in Resolution No. 2015-066 were heard and a full and fair hearing was held; and, WHEREAS, on September 22, 2015, the City Council adopted Resolution No. 2015-078 which formed the District and called a special election within the District on September 22, 2015, on the propositions relating to the levy of a special tax within the District and the establishment of an appropriations limit within the District; and, WHEREAS, pursuant to the written consent and waiver with respect to the timing requirements of the Special Election pursuant to Section 53326 of the Act of all the qualified electors within the original boundaries of the District, as set forth in Resolution No. 2015-066, the special election was continued to and held on April 26, 2016; and, WHEREAS, at the April 26, 2016, special election within the District, the qualified electors approved by more than a two-thirds vote the propositions authorizing the levy of a special tax within the original boundaries of the District for the purposes described in Resolution No. 2015-078 and establishing an appropriations limit for the District; and, WHEREAS, on March 8, 2016, the City Council adopted Resolution No. 2016-020 declaring its intention to annex certain property to the District ("Annexation Property"); and, WHEREAS, on April 12, 2016, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the annexation of the Annexation Property of the District, the proposed levy of a special tax therein to finance certain public maintenance services described in Resolution No. 2016-020; and, WHEREAS, on April 12, 2016, the City Council adopted Resolution No. 2016 - annexing the Annexation Property to the District and called a special election within the Annexation Property on April 12, 2016, on the proposition relating to the levy of a special tax within the Annexation Property; and, TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor's Parcel Number(s): California Gold Development 377-120-002 (Por.) and 377-120-038 (Por.) Attn: Ron Woodall or Scot Patterson 133 Old Wards Ferry Ste. G Sonora, CA 95370 CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE Shall the City Council of the City of Lake Elsinore be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit 2 to the Resolution Declaring its Intention to Establish Community Facilities District No. 2015-2 (Maintenance Services) adopted by the City Council on July 28, 2015 (the "Resolution"), which is incorporated herein by this reference, within the territory identified on the map entitled "Proposed Boundary Map Community Facilities District No. 2015-2 (Maintenance Services) City of Lake Elsinore" to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2015-2 (Maintenance Services) in the amount of special taxes collected? Certification for Special Election Ballot MARK "YES" OR "NO" WITH AN "X": YES I� NO The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of th�Stale of California that the foregoing is true and correct and that this declaration is executed on I / I_q., 2016. California Gold Development Corp A CA Corporation n," o11 ture Scot Patterson Print Name President Title ATTACHMENT B True and Accurate Copy of Corrected Special Tax Ballot [Attached] I Exhibit T SHEET 1 OF 2 LOT LINE ADJUSTMENT No. 2014-2743 PLAT OWNERS EXISTING PARCELS PROPOSED PARCELS ASSESSOR'S PARCEL No. REFERENCE No. 377-120-038 PARCEL 1 RKW & MLW ELSINORE 377-120-02 038 PARCEL 2 377-120-02 038 Z 377-130-037 PARCEL 3 4 R w _ _ _RIVERSIDE DRIVE _ c — — 722.88' I� a N43'43'16"E 612.43' N43'43'16' TPOB PARCEL 3 1 I PROPOSED LOT LINE EXISTING LOT LINE 12 TO BE ADJUSTED PROPOSED LOT LINE TPOS PARCEL 1 PARCEL. 1 8.47AC PROPOSED LOT LINE N43'44'27"E PROPOSED —/ LOT LINE TPOB PARCEL 2 PARCEL 2 3.60AC N43°44^27"E ,PARCEL 3040-64A INDUSTRIAL CENTER WAY /RS 91/33 SOUTHEASTERLY DEED LINE 10/383 PROPERTY LINE vo 6 @0M42'41'20" PARC4EL 3 otiti��b LENGTH 1 2 5 \,ia16° E ,tib 5 PROPOSED �QFS' 4)i LOT LINE m— — — — — — — m N o I EXISTING LOT LINE \ I TO BE ADJUSTED 7a �'LO`ITo- W PARCEL MAP 19.335 roti NMPROPOSED w �I PM 1211/33 1a5 �F,G �ti LOT LINE 9" z N43°44'27"E 896.19' TPOS PARCEL 1 PARCEL. 1 8.47AC PROPOSED LOT LINE N43'44'27"E PROPOSED —/ LOT LINE TPOB PARCEL 2 PARCEL 2 3.60AC N43°44^27"E ,PARCEL 3040-64A INDUSTRIAL CENTER WAY /RS 91/33 SOUTHEASTERLY DEED LINE 10/383 PROPERTY LINE DATA @0M42'41'20" LENGTH 1 " E 133.14' 2 " W 130.00' 3 0" W 330.38' 4 9" E 4.88' 5 5" E 162.09' 67" W 150.00' 7 N 46°14'57" W 370.06' 8 N 89°47'16" E 57.81' 9 N 46°14'57" W 370.06' 10 N 46°14'57" W 262.56' 11 N 43041'34" E 299.01' 12 N 46°16'58" W 357.75' 13 1 N 89°47'16" E 40.13 LEGEND: POB .... POINT OF BEGINNING TPOB... TRUE POINT OF BEGINNING SCALE:1"=200' NO. 7394 o. 12/31/2015 RUDY E.Z LS 7394 FOR AND N BEHALF OF RENCIVIL ENGINEERING JANUARY 12, 2015 PARCELI: THAT PORTION OF LOT 6 OF BLOCK A OF "SUBDIVISION IN ELSINORE", IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY A MAP ON FILE IN BOOK 8 PAGE 377, OF MAPS, RECORDS OF SAN DIEGO COUNTY, ALSO BEING A PORTION OF PARCEL 1 AND PARCEL 2 AS RECORDED IN INSTRUMENT NUMBER 2004-1022883 RECORDS OF RIVERSIDE COUNTY AS SHOWN BY A MAP ON FILE IN BOOK 124 PAGE 60, OF RECORDS OF SURVEY OF RIVERSIDE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF COLLIER AVENUE, 30.00 FOOT HALF -WIDTH, SOUTH 46° 14'57" EAST, A DISTANCE OF 620.31 TO A POINT ON SAID SOUTHWESTERLY RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ON SAID RIGHT-OF-WAY SOUTH 460 14'57 EAST A DISTANCE OF 370.06 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL, 2 ALSO BEING THE MOST EASTERLY CORNER OF THE NORTHWESTERLY RECTANGULAR HALF OF THE SOUTHEASTERLY RECTANGULAR HALF OF SAID LOT 6, ALSO BEING A POINT ON THE CENTERLINE OF INDUSTRIAL CENTER WAY AS SHOWN BY A MAP OF PARCEL MAP NUMBER 19335, FILED IN BOOK 121 PAGE 32, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE SOUTH 43° 44'27 WEST A DISTANCE OF 423.67 FEET; THENCE DEPARTING SAID CENTERLINE NORTHWESTERLY NORTH 460 14'57 WEST A DISTANCE OF 370.06 FEET; THENCE NORTHEASTERLY NORTH 43° 44'27" EAST A DISTANCE OF 423.67 FEET TO THE TRUE POINT OF BEGINNING. (SAID LAND IS SHOWN AND DESCRIBED AS PARCEL 2 IN THAT CERTAIN NOTICE OF LOT LINE ADJUSTMENT NO. 2014-2743, APPROVED BY THE CITY OF LAKE ELSINORE, RECORDED FEBRUARY 5, 2015, AS INSTRUMENT NO. 2015-0045347 OF OFFICIAL RECORDS.) PARCEL II: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, AS DEFINED AND FURTHER PROVIDED FOR IN THAT CERTAIN DOCUMENT ENTITLED RECIPROCAL EASEMENT AGREEMENT, RECORDED FEBRUARY 18, 2015 AS INSTRUMENT NO. 2015-0064251 OF OFFICIAL RECORDS. APN: 377-120-002-6 (portion) and 377-120-038-9 (portion) 377-120-068-6 (New APN-not yet assessed) ATTACHMENT A Owner's Property CFD No. 2015-2 [Attached] A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of On , before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature of Notary 11 (Affix seal here) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Tuolumne On April 14, 2016 before me, Elizabeth E. Tierney, Notary Public (insert name and title of the officer) personally appeared Scot Patterson who proved to me on the basis of satisfactory evidence to be the person(&) -whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ber4ffie4 authorized capacity(ies3; and that by his/be4their signature(s-3 on the instrument the personN, or the entity upon behalf of which the person(,)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign ELIZABETH E. TIERNEY COMMIS Ion M 1878575 a Notary =11C - California Tuolumne County Comm. res May 25 2818 (Seal) pertaining to the formation of CFD No. 2015-2, the levy of special taxes or the establishment of the appropriations limit; and C. Acknowledges and understands that the making of the Destruction Request and Substitution Request and approval of the special tax levy on an annual basis at the rates and apportioned as described in the Rate and Method of Apportionment and the reports submitted to and adopted by the City Council in the formation of CFD No. 2015-2 does not in any way whatsoever absolve, terminate, extinguish, reduce, or otherwise modify the obligations of Owner or any successor or assign of Owner, to comply with all conditions of approval relative to the land use entitlements and operation of Owner's business on Owner's Property and all applicable land use, zoning and development regulations and standards required by the City or any other public agency exercising jurisdiction over Owner's Property and the business operations thereon. 6. The undersigned is a duly authorized representative of Owner and is legally authorized to make the representations and the Destruction Request and the Substitution Request, give the acknowledgements and the consents and provide the waivers contained herein on behalf of the Owner. This ACKNOWLEDGEMENT AND WAIVER was executed on the dates set forth below. Owner CALIFORNIA GOLD DEVELOPMENT CORP., a California corporation By: An Scot Patterson, President Date: q - l -,rL ' 1 Date: notice requirements relating to the conduct of the election and (ii) cast a Special Tax Ballot dated as of September 3, 2015 which it mailed to the City Clerk for tabulation at the September 22, 2015 election; and WHEREAS, the September 22, 2015 election was continued by the City Council prior to the City Clerk tabulating the ballot and completing the Certificate of Election Results and without adoption of a Resolution Declaring the Election Results; and WHEREAS, Owner intended to mark the Special Tax Ballot "YES" in support of the special tax levy and the appropriations limit in the amount of special taxes collected, but due solely to a clerical error Owner inadvertently marked the Special Tax Ballot "NO" and desires to substitute a corrected Special Tax Ballot voting "YES" to be tabulated at the continued election. NOW, THEREFORE, the undersigned Owner on behalf of itself and its successors and/or assigns, does hereby certify under penalty of perjury, that the following statements are all true and correct: 1. Owner is now and was as of September 3, 2015 when the Special Tax Ballot was cast the sole owner of that certain real property as described on the Special Tax Ballot as APN 377-120-002 (Por.) and APN 377-120-038 (Por.) within the original boundaries of CFD No. 2015-2 as established on September 22, 2015 and depicted in Attachment A attached hereto and incorporated herein by this reference ("Owner's Property"). 2. Owner certifies and declares that now and as of September 3, 2015 when the Special Tax Ballot was cast desires to vote "YES" to the Special Tax Ballot Measure and certifies and declares that the original ballot was mistakenly marked "NO" and that mistake was due solely to a clerical error and did not in any way reflect the true intention and desire of Owner to support the Special Tax Ballot Measure. 3. Owner irrevocably requests that the original ballot erroneously mark "NO" which was inadvertently and erroneously submitted to the City Clerk for the September 22, 2015 election be permanently destroyed ("Destruction Request"). 4. Owner irrevocably requests that the corrected Special Tax Ballot marked "YES" enclosed in the sealed envelope delivered with this Waiver, a true and accurate copy of which is attached as Attachment B attached hereto and incorporated herein by this reference, be substituted in its place nune pro tunc to be canvassed and tabulated at the continued election to be held on April 26, 2016 concluding the September 22, 2015 election proceedings ("Substitution Request"). 5. In making the Destruction Request and the Substitution Request, the Owner, on behalf of itself and its successor and/or assigns: a. Voluntarily and knowingly waives all irregularities, procedural errors or other defects in the formation of CFD No. 2015-2, the levy of special taxes or the establishment of the appropriations limit; b. Voluntarily and knowingly waives any protest, complaint, or legal action of any nature whatsoever against the City, the District, or both of them, 2 CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 201.5-2 (MAINTENANCE SERVICES) WAIVER AND ACKNOWLEDGMENT THIS WAIVER AND ACKNOWLEDGMENT ("Waiver") is made this //"—day of April, 2016 by California Gold Development Corp, a California corporation, ("Owner") to and for the benefit of the City Council of the City of Lake Elsinore ("City") acting as the legislative body of Community Facilities District No. 2015-2 (Maintenance Services) ("CFD No. 2015-2"). RECITALS WHEREAS, on July 28, 2015, the City Council of the City of Lake Elsinore adopted Resolution No. 2015-066, ("Resolution of Intention") (i) declaring its intention to establish CFD No. 2015-2 pursuant to the Mello -Roos Community Facilities Act of 1982 ("Act"), commencing with Section 53311 of the California Government Code ("Gov't Code"), (ii) proposing to levy a special taxes within CFD No. 2015-2 pursuant to the terms of the Act to fund the cost of providing certain maintenance services ("Maintenance Services"), and (iii) calling a public hearing on the establishment of CFD No. 2015-2; and WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on September 22, 2015 relative to the establishment of CFD No. 2015-2; and WHEREAS, at the hearing, the testimony of all interested persons desiring to be heard on the establishment of CFD No. 2015-2, the furnishing of specified types of services as listed in the report prepared and filed with the City Council pursuant to Gov't Code Section 53321.5, the proposed special tax, the establishment of an appropriations limit for CFD No. 2015-2, or any other matters set forth in the Resolution of Intention were heard and a full and fair hearing was conducted thereon and no written protests were filed by Owner as the sole property owner of the area of land in the territory proposed to be included in CFD No. 2015-2 and not exempt from the special tax; and WHEREAS, on the basis of all of the foregoing at the close of the public hearing on September 22, 2105, the City Council adopted Resolution No. 2015-078 ("Resolution of Formation") establishing CFD No. 2015-2 and submitting to the qualified electors of CPD No. 2015-2 the levy of the special tax therein and the establishment of an appropriations limit for CFD No. 2015-2 ; and WHEREAS, the Resolution of Formation called a special mailed -ballot election for September 22, 2015 and the questions of whether to levy the special tax and set the appropriations limit at the amount of special taxes collected was provided in a single ballot measure pursuant to Section 53353.5 of the Gov't Code, as set forth in the form of special election ballot attached to the Resolution of Formation as Exhibit C ("Special Tax Ballot"); and WHEREAS, Owner is the owner of approximately 3.6 acres of land within the boundaries of CFD No. 2015-2 and in that capacity (i) submitted a written instrument consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all CERTIFICATE OF CLERK I, Diana Gir6n, Acting City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Lake Elsinore duly and regularly held at the regular meeting place thereof on April 26, 2016, of which meeting all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at 183 N. Main Street, City of Lake Elsinore, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I do hereby further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. Dated: April 26, 2016 Susan Domen City Clerk City of Lake Elsinore [SEAL] SECTION 3. The City Council hereby authorizes and directs the Clerk to cause the preparation and recordation with the County Recorder of the County of Riverside of a notice of special tax lien in accordance with the provisions of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code. Said notice shall be recorded in said County Recorder's office within fifteen days of today's date. SECTION 4. This Resolution shall take effect from and after its adoption. PASSED AND ADOPTED by the City Council of the City of Lake Elsinore at a regular meeting held on this twenty-sixth day of April, 2016 by the following vote: ATTEST: Susan Domen, City Clerk I_\ a 7 :Zi11FUll 1LF'i 11011101.4 IT, F Barbara Leibold, City Attorney APPROVED: Brian Tisdale, Mayor Resolution No. 2016 - Date Adopted: April 26, 2016 Page 2 of 3 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) WHEREAS, the public hearing originally scheduled for September 8, 2015 by the Resolution of Intention adopted by this City Council (this "Council") on July 28, 2015 in the matter of Community Facilities District No. 2015-2 (Maintenance Services) ("CFD No. 2015-2") was rescheduled and conducted on September 22, 2015 and at the close of the public hearing, this Council determined that a majority protest under Section 53324 of the Government Code was not made at the hearing; and WHEREAS, at the conclusion of the public hearing, the Council adopted its resolution of formation (the "Resolution of Formation") pursuant to Section 53325.1 of the Government Code, thereby completing its proceedings for formation of CFD No. 2015-2; and WHEREAS, in order to proceed with the levy of the special tax to provide specified types of services, and establish an appropriations limitation for CFD No. 2015-2 in the amount of special taxes collected, as provided by the Resolution of Formation, the matters must be submitted to an election of the qualified electors of CFD No. 2015-2, and WHEREAS, the Resolution of Formation called the special mailed -ballot election for September 22, 2015 and said election was continued by the City Council to April 26, 2016; and WHEREAS, the questions of whether to levy the special tax and set the appropriations limit at the amount of special taxes collected was provided in a single ballot measure pursuant to Section 53353.5 of the Government Cade, as provided in the form of special election ballot attached to the Resolution of Formation as Exhibit C; and WHEREAS, a Certificate of Election Results, dated April 26, 2016, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk — in either case, the "Clerk"), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner -voter eligible to cast a ballot in said special election, with all votes cast as "Yes" votes in favor of the ballot measure, and further certifying on said basis that the special mailed -ballot election was closed, and WHEREAS, the Council has received, reviewed and hereby accepts the Clerk's Certificate of Election Results and wishes by this resolution to declare the results of the special mailed -ballot election, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RESOLVES, DETERMINES AND ORDERS AS FOLLOWS: SECTION 1. The City Council finds and determines that the foregoing recitals are true and correct. SECTION 2. The City Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of CFD No. 2015-2 has been passed and approved by those qualified electors in accordance with Section 53328(a) of the Government Code. Resolution No. 2016 - Date Adopted: April 26, 2016 Page 1 of 3 Community Facilities District 2015-2 (Maintenance Services) April 26, 2016 Page 3 Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant M. Yates City Manager Attachments: A. Resolution No. 2016- B. WAIVER AND ACKNOWLEDGMENT C. Ordinance No. Community Facilities District 2015-2 (Maintenance Services) April 26, 2016 Page 2 On July 28, 2015, the City Council adopted Resolution No. 2015-066, a Resolution of Intention to form Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore (the "Resolution of Intention"), in response to the landowner's petition and pursuant to the provisions of the "Mello -Roos Community Facilities Act of 1982". As required by the Resolution of Intention, a boundary map was recorded on August 13, 2015, at 2:20 p.m. in Book 78 Page 73, Document No. 2015-0361493 and the potential annexation area boundary map was recorded on August 19, 2015, at 12:45 p.m. in Book 78 Page 74, Document No. 2015-0369598 of Maps of Assessment and Community Facilities Districts with the Riverside County Recorder. Additionally, as directed by the Resolution of Intention, a Community Facilities District Report was prepared by the City's Special Tax Consultant Albert A. Webb Associates and filed with the City Clerk prior to the September 22, 2015 public hearing on the establishment of the Community Facilities District. The report was also included in the agenda materials presented to the City Council on September 22, 2015 and is available for review in the City Clerk's office. Following the September 22, 2015 public hearing, the City Council adopted Resolution No. 2015-078 ("Resolution of Formation") approving the formation of the CFD and the necessity to levy special taxes annually to pay for the services and calling an election to submit to the qualified voters in the CFD ballot measures on the approval of special taxes and an appropriations limit for the CFD. Additionally, on April 12, 2016, at the request of Pardee Homes, the City Council annexed certain property owned by Pardee Homes into the CFD pursuant to Resolution No. 2016- . Pursuant to Resolution No. 2016-_, the City Council certified the results of the election held on April 12, 2016 at which the qualified electors within the annexation area approved the levy of the special tax. ANALYSIS Prior to the tabulation of the ballots and without certification or declaration of election results, the special mailed -ballot election conducted on September 22, 2015 was continued to a future meeting to allow clarification by the property owner (California Gold Development Corp) of its ballot. As stated in the Waiver and Acknowledgement (Attachment B) the property owner intended to vote "YES" in support of the special tax levy and appropriations limit, but due solely to a clerical error, mismarked the original ballot. The property owner has requested that the original ballot be destroyed and has submitted a corrected ballot for tabulation at the continued election to be conducted and certified at the April 26, 2016 City Council meeting. Council is asked to now certify the election results and assuming the property owner has voted in favor of the ballot measures, to introduce the Ordinance authorizing the levy of the special tax in the CFD (including the annexation area). FISCAL IMPACT It is estimated there will be an annual collection of special tax revenues of approximately $435 per residential parcel to be used to pay for maintenance costs within the district. CITY OF LADE LSII`IOR,,E DIUAM Lj(TREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: April 26, 2016 SUBJECT: Declaring the Election Results for CFD 2015-2 (Maintenance Services) by adopting a resolution and adopting an Ordinance authorizing the Levy of Special Taxes RECOMMENDATION 1. Adopt a Resolution No. 2016- _, entitled: RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) 2. Adopt an Ordinance No. 2016 , entitled: ORDINANCE NO. - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES BACKGROUND California Gold Development, property owner of one commercial tract within the City (LLA 2014-2743), requested that the City assist them in forming a community facilities district (CFD) to finance the costs associated with the maintenance services of public improvements. The improvements proposed to be maintained include items such as landscaping and lighting, water quality improvements, graffiti, street sweeping, and trails and park maintenance. I tfU �t'+IISC71;` Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 20) City of Lake Elsinore Text File File Number: ID# 16-191 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 412112016 CITY OF LAKE C LSIROR.E DREAM EXTREME. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: April 26, 2016 PROJECT: Residential Design Review No. 2016-03: A request by Woodside Homes for the approval of building design and construction of 59 single family residential units located within Tract 31920-09 of the Summerly Development of the East Lake Specific Plan (APN: 371- 040-011) APPLICANT: Brandon Collins, Woodside Homes Recommendation ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT FINDING THAT RESIDENTIAL DESIGN REVIEW NO. 2016-03 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); AND, ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2016-03 PROVIDING BUILDING DESIGNS FOR 59 SINGLE-FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS, FOR TRACT NO. 31920-09, LOCATED IN THE SUMMERLY DEVELOPMENT. Background The East Lake Specific Plan (ELSP) was adopted by Ordinance No. 955 by the City Council in June 1993. The Plan consists of 3,000 acres and was originally divided into three individual districts that included a Marina District, Lakeside Resort, and Recreation Village. Several Amendments have been made to the East Lake Specific Plan. The first two amendments changed the central area or Phase One of the Specific Plan. The changes primarily reduced the number of residential units and commercial uses and Page 1 added the allowance of a golf course to the open space area of the plan. Phase One is the development area where the commonly known "Laing Homes" project is located. Two other amendments (Amendment No. 3 and No. 4) were related to industrial development along Corydon Avenue and are both outside of Phase One. Amendment No. 5 is the marina development located on Lakeshore Drive, known as Waters Edge. Laing Homes processed East Lake Specific Plan Amendment No. 6 which was adopted by the City Council on July 24, 2004. This amendment replaced multi -family uses with single-family uses, provided several parks and added a 165 -acre golf course, club house, and maintenance and golf cart storage facility. The Planning Commission at its April recommended approval of RDR 2016-03. Discussion Project Request/Location 5, 2016, regular meeting unanimously The applicant is requesting approval of building designs for 59 single-family detached residential units in the East Lake Specific Plan Amendment No. 6 area (Tract 31920-09), including a new model complex and related improvements. The project is located within Tract 31920-09 (APN: 371-040-011) of the Summerly Development of the East Lake Specific Plan. Environmental Setting Description of Residential Design Review No 2015-05 The following describes the various design components and features of the proposed project, including floor plans, architecture, model home complex, preliminary plotting of production units, and the conceptual wall and fence plan. Floor Plans The proposed 59 -unit project would offer three different plans, which are described as follows: • Plan 1: One-story 2,168 square foot units with 3 bedrooms, 3.5 baths, great room, dining room, kitchen, laundry, study, and two -car garage, with additional Page 2 EXISTING LAND USE ZONING GENERAL PLAN Pro ect Site Vacant Low -Medium Residential East Lake Specific Plan North 0:_r- Famil Residential Low -Medium Residential East Lake Specific Plan South Vacant Low -Medium Residential East Lake S ecific Plan East Vacant Low -Medium Residential East Lake Specific Plan West Vacant Low -Medium Residential East Lake S ecific Plan Description of Residential Design Review No 2015-05 The following describes the various design components and features of the proposed project, including floor plans, architecture, model home complex, preliminary plotting of production units, and the conceptual wall and fence plan. Floor Plans The proposed 59 -unit project would offer three different plans, which are described as follows: • Plan 1: One-story 2,168 square foot units with 3 bedrooms, 3.5 baths, great room, dining room, kitchen, laundry, study, and two -car garage, with additional Page 2 storage. This plan also includes an optional fourth bedroom, which would replace the study. • Plan 2: Two-story 2,523 square foot units with 3 bedrooms, 3 baths, great room, imagination room, dining room, bonus room (option as fifth bedroom), kitchen with nook, laundry, and two -car garage with additional storage. As an option a fourth bedroom can be added to replace the study and a fifth bedroom can be added to replace the loft. • Plan 3: Two-story 2,742 square foot units with 4 bedrooms, 3 baths, great room, study, dining room, loft, kitchen, laundry, and three -car garage. Optional elements of this plan include the replacement of the loft with a fifth bedroom and the addition of a powder room. The proposed 59 unit development will be developed with three plans; Plan 1 will account for 20 units (34%), Plan 2 will account for 19 units (32%), and Plan 3 will account for 20 units (34%). The proposed plotting provides an appropriate mixture of plan and elevations types to ensure variety in the street scape. Architecture and Treatments The proposed project would offer three architectural styles and treatments for each of the four plans, including Cottage, Ranch and Spanish. The following describes each of these architectural styles: • The Spanish Style includes concrete "S" tile roofs, decorative clay pipes, shutters, stucco window trim, decorative corbels, wood posts, and arched entries. • The Ranch Style includes concrete flat tile roofs, 8" lap siding, , vertical windows with stucco trim, and stone veneer. • The Cottage Style includes stone veneer treatment, decorative shutters, arched entries, concrete flat tile roofs, and 8" lap siding. Four-sided architectural treatments in the form of window surrounds will be provided for all the proposed residences as a standard feature. In addition, the applicant has identified that those lots with elevations visible from public areas shall receive additional enhanced elevations in the form of banding and decorative shutters. The locations depicted for the lights are accurate, however the design of the fixture will be more simplistic for the standard feature and a more ornate design will be available as an option. Model Home Complex The proposed model home complex will feature all plans and will be located on lots 20, 21, and 22. The proposed complex provides a designated handicap access space, full Page 3 landscape and hardscape improvements, trees, and shrubs Conceptual Wall and Fence Plan To ensure design consistency, the Conceptual Wall and Fence Plan for the project shows that those similar walls and fences that are provided elsewhere in the Summerly area will continue to be provided with the proposed project. Perimeter walls will be decorative block with pilasters to match the existing Summerly development. Front returns will be six-foot concrete block walls. Landscaping The proposed landscaping plan has been designed to complement the different architectural styles. The proposed landscaping has been adequately designed to meet all water efficiency standards. Analysis The proposed project has been reviewed for consistency with the General Plan, the East Lake Specific Plan, and the East Lake Specific Plan Amendment #6. The proposed project meets or exceed all required development standards as identified in the East Lake Specific Plan and the East Lake Specific Plan Amendment #6. The original East Lake Specific Plan and the subsequent amendments were subject to a consistency finding with the General Plan prior to adoption. The proposed project is consistent with the provisions of the East Lake Specific Plan Amendment #6 and is therefore found to be consistent with the General Plan. Building, Engineering, and Fire staff have reviewed the requested Design Review application and have conditioned the project so as to mitigate any concerns. Overall the proposed project as designed and conditioned will provide a high quality and complimentary housing option to the Summerly Development. Environmental Determination The proposed project is within the Amendment No. 6 of the East Lake Specific Plan area, which has previously been determined to be consistent with requirements of MSHCP. CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 states that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. A Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SHC #2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan. The Project does not present substantial changes or new information regarding the potential environmental impacts of development. Therefore, no additional CEQA documentation is necessary. Fiscal Impact The time and costs related to processing this extension of time request have been borne by the Developer Deposit paid by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Prepared by: Justin Kirk, Principal Planner Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Exhibits: 1. MSHCP Resolution 2. CDR Resolution 3. Conditions of Approval 4. Vicinity Map 5. Aerial Map 6, Design Review Package Page 5 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT FINDING THAT RESIDENTIAL DESIGN REVIEW NO. 2016-03 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Woodside Homes, has filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2016-03 for the construction of a 59 single-family detached residential development and associated improvements for property located within Tract 31920-9 of the Summerly development of the East Lake Specific Plan Amendment No. 6 (the "Project'); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the residential design review; and WHEREAS, the East Lake Specific Plan Amendment No. 6 is partially covered by two distinct MSHCP criteria cells: approximately three (3) acres of the East Lake Specific Plan Amendment No. 6 are within cell 4846 and approximately three tenths (0.3) of an acre are within cell 4937; and WHEREAS, the Project site within the boundaries of East Lake Specific Plan Amendment No. 6 that are covered by the aforementioned cell sites; and WHEREAS, on April 5, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ("LEMC') the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for commercial design review applications; and WHEREAS, on April 26, 2016, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence CITY COUNCIL RESOLUTION NO. 2016 - 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and its consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the City Council makes the following findings for MSHCP consistency: The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project's consistency with other "Plan Wide Requirements." The Project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSP Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a series of meetings between the County of Riverside, U.S. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps of Engineers Section 404 permit. It was determined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements" set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3. 1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). The Project has been reviewed in light of these sections and is consistent therewith. The Project is subject to the City's LEAP and the County's Joint Project Review processes. The ELSP MSCHP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and CITY COUNCIL RESOLUTION NO. 2016- County's Joint Project Review process. Nevertheless, both the City and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation. The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. 6. 7 The previously approved ELSP Amendment No. 6 was determined to be consistent with the Riparian/Riverine and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6. Additionally, based upon prior approvals, the entire Project site has been graded and any plant species which may have existed on the site have been removed and replaced with development. It is for these reasons that the Project is consistent with the aforementioned guidelines. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP Amendment No. 6 was consistent with the Additional Survey Needs and Procedures as set forth in Section 6.3.2 of the MSHCP. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. The Project is consistent with the Urban/Wildlands Interface Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4 of the MSHCP. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, no further MSHCP review is necessary and the Project is consistent with the Urban/wildlands Interface Guidelines. The Project is consistent with the Vegetation Mapping requirements. CITY COUNCIL RESOLUTION NO. 2016 - The previously approved ELSP Amendment No. 6 was consistent with the Vegetation Mapping requirements as set forth in Section 6.3.1 of the MSHCP. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Vegetation Mapping requirements. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. 9. The Project overall is consistent with the MSHCP. As stated in No. 1 above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented and the above findings, the City Council hereby finds that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 26th day of April, 2016. Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: CITY COUNCIL RESOLUTION NO. 2016 - Barbara Leibold, City Attorney STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS CITY COUNCIL RESOLUTION NO. 2016 I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of April, 2016 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2016-03 PROVIDING BUILDING DESIGNS FOR 59 SINGLE-FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS, FOR TRACT NO. 31920-09, LOCATED IN THE SUMMERLY DEVELOPMENT WHEREAS, Woodside Homes, has filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2015-05 for the construction of a 59 single-family detached residential development and associated improvements for property located within Tract 31920-9 of the Summerly development of the East Lake Specific Plan Amendment No. 6 (the "Project'); and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the residential design review; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines"), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Supplemental Environmental Impact Report was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build -out of the specific plan, which contemplated development of single family residential development; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, on April 5, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code CITY COUNCIL RESOLUTION NO. 2016-_ PAGE 2 OF 5 ("LEMC") the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for industrial design review applications; and WHEREAS, on April 26, 2016, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1, The City Council has considered the proposed design for the 70 residential homes and has found it acceptable. The City Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan, the East Lake Specific Plan Amendment No. 6 and the Lake Elsinore Municipal Code and finds and determines that the proposed Residential Design Review No. 2016-03 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. The City Council finds and determines that no new CEQA documentation is necessary. The Project comprises the whole of the action which was analyzed in the previously approved and certified Supplemental Environmental Impact Report (SCH # 2003071050) for the East Lake Specific Plan Amendment No. 6. Approval of the Project will not change density or intensity of use; it simply establishes standards for color palates, articulation, orientation, and design of single family residential development. Therefore, no further environmental review is necessary. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.184, the City Council makes the following findings regarding Residential Design Review No. 2016-03: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The single-family detached residential development has a General Plan Land Use designation of Specific Plan, is located in the East Lake Planning Area, and has a Zoning designation of Specific Plan. The proposed project constitutes build out of a previously approved and recorded tract map that was found to comply with the goals and objectives of the General Plan and the East Lake Specific Plan Amendment No. 6. The proposed project does not propose an increase in density of development then what was previously approved. Further, the single family homes will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. CITY COUNCIL RESOLUTION NO. 2016-_ PAGE 3 OF 5 2. The single-family detached residential development complies with the design directives contained in the East Lake Specific Plan Amendment No. 6 and all applicable provisions of the Lake Elsinore Municipal Code. The single-family detached residential development is appropriate to the site and surrounding developments and is a continuation of a previously approved residential product in the adjacent areas. The three (3) architectural styles proposed will create a distinctive street scene within the project site. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project was considered by the City Council at a duly noticed public hearing held on April 26, 2016. The single-family detached residential development, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the design for the single-family detached residential development will not result in a substantial change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary. SECTION 4. Based upon all of the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves Residential Design Review No. 2015-01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO, 2016 - PAGE 4 OF 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 26th day of April, 2016. Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2016 - PAGE 5 OF 5 STATE OF CALIFORNIA l COUNTY OF RIVERSIDE r SS CITY OF LAKE ELSINORE J I, Susan M. Domen, MMC, City Clerk, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016- was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of May, 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk CONDITIONS OF APPROVAL RESOLUTIONS: PROJECT: PROJECT NAME: PROJECT LOCATION APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: GENERAL 2016-28 & 2016-29 Residential Design Review 2016-03 Woodside Homes 31920-09 APN 371-040-011 1. The proposed project (Residential Design Review No. 2016-03) consists of a request by Woodside Homes for the approval of building design and construction of 59 single family residential units located within Tract 31920-9 of the Summerly Development of the East Lake Specific Plan (APN: 371-040-011) 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Residential Design Review projects attached hereto. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. Design Review approval for Residential Design Review No. 2016-03, shall lapse and become void two (2) years following the date on which the design review became effective, unless one of the following: (1.) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. Conditions of Approval RDR 2016-03 Woodside Homes Paqe 2 of 16 Planning Commission April, 5 2016 City Council TBD 5. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the East Lake Specific Plan and Lake Elsinore Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 6. All site improvements shall be constructed as indicated on the approved building elevations and site plans for the Residential Design Review. 7. Future site plotting and construction shall be consistent with these Conditions of Approval, those conditions approved with Tentative Tract Map No. 31920 and those provisions and requirements contained in the Municipal Code, subject to approval by the Community Development Director or designee. 8. All front fence returns will be decorative masonry walls. Wood fences will not be allowed along the front elevation. Wood, vinyl or steel (wrought iron or aluminum) gates are allowed in order to allow access to rear yards. 9. All weep screeds shall be a maximum three inches above any hard surface and four inches above any earth surface. 10. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 11. Materials and colors as depicted in the approved Design Review Package dated March 18, 2016, shall be used unless minor modifications are approved by the Community Development Director or designee or major modifications are approved by the Planning Commission. 12. The applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading plans shall identify the location of the aforementioned flat concrete pad and air conditioning units. 13. The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of- way. The applicant shall obtain street addresses for all production lots prior to issuance of building permit. 14. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Conditions of Approval RDR 2016-03 Woodside Homes Pape 3 of 16 Planning Commission April, 5 2016 Citv Council TBD Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 15. Prior to the issuance of a building permit, the Applicant shall submit a product placement plan depicting the plan and design for each lot to be approved by the Community Development Director or designee. Care is to be taken to ensure that adjacent units are not of the same plan and design and there is adequate variation. 16. The applicant shall comply with all applicable City Codes and Ordinances. 17. Prior to issuance of building permit, building plans for the model home complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped -accessible bathroom. 18. A cash bond shall be required for the model home complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the model home complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 19. A cash bond of shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 20. A cash bond shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 21. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 22. All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened, subject to the approval of the Community Development Director or designee, prior to issuance of building permit. 23. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent landscape coverage using a combination of drip and conventional irrigation methods. The Conditions of Approval RDR 2016-03 Woodside Homes Page 4 of 16 Planning Commission April, 5 2016 City Council TBD final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Cost Estimate for materials and labor shall also be submitted for review and approval. A Landscape Plan Check fee will be charged prior to final landscape approval based on the Consultant's fee, inspection, and permit and administration fees. • Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti. • The applicant shall ensure a clear line of sight at ingress/egress points by providing plantings within 15 feet of ingress/egress points whose height does not exceed three feet and whose canopy does not fall below six feet. • The landscape plan shall provide for California native drought -tolerant ground cover, shrubs, and trees. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. • No front -yard grass turf landscaping shall be installed. • All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years or Certificate of Occupancy. • All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. • All new Model Homes shall be Xeriscaped and signage provided identifying Xeriscape landscaping. Xeriscape is a method of landscape design that minimizes water use by: 1) Implementing hydrozones; 2) Minimizes high water -use plant material as identified by Water Use Classifications of Landscape Species (WUCOLS) (such as turf) and incorporates water -efficient ("drought -tolerant" / climate -appropriate) plants; 3) Requires an efficient irrigation system that includes: a. ET -Based ("Smart irrigation") controller(s) with weather -sensing, automatic shut-off and seasonal adjustment capabilities; Conditions of Approval RDR 2016-03 Woodside Homes Pace 5 of 16 Planning Commission April, 5 2016 City Council TBD Efficient irrigation water application through use of: i. Low-volume point -source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90 ; and/or ii. Spray or rotor -type nozzles for areas a minimum of eight (8) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71. 4) Improvement of soil structure for better water retention; and 5) Application of mulch to hinder evaporation. The Final landscape plan shall be consistent with any approved site and/or plot plan. The Final landscape plan shall include planting and irrigation details. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. All landscaping and irrigation shall comply with the water -efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. Applicant shall provide a landscaping installation plan prior to the issuance of building permits to be approved by the Community Development Director or their designee. 24. Fences located in any front yard shall not exceed three feet in height with the exception that wrought -iron fences may be five feet in height. Chain link fences shall be prohibited. 25. Garages shall be constructed to provide a minimum of twenty feet by twenty feet (20' x 20') of interior clear space to accommodate two vehicles. 26. These Conditions of Approval and those conditions approved with Tentative Tract Map No. 31920 shall be reproduced on subsequent building plans prior to issuance of building permit. 27. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction Conditions of Approval RDR 2016-03 Woodside Homes Page 6 of 16 Planning Commission April, 5 2016 City Council TBD shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place Sunday or any Legal Holidays. 28. The applicant shall place a weatherproof Tx 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. 29. The Homeowner's Association shall maintain all project improvements and facilities, including the landscaping, park facilities, and drainage improvements. 30. The developer shall comply with all of the terms and conditions of that certain First Amended and Restated Development Agreement Between the City of Lake Elsinore and Laing -CP Lake Elsinore LLC" which recorded on December 17, 2004 in the Official Records of Riverside County, California as Instrument No. 1001282 and the First Operating Memorandum of Understanding dated November 23, 2010 by and between the City and McMillin Summerly, LLC, the successor in interest to Laing, including without limitation the requirements of Section 12.10 relating to the provision of affordable housing or (at the election of the developer) payment of an Affordable Housing Fee in the amount of One Dollar and Thirty Cents ($1.30) per square foot of assessable space. 31. The applicant shall provide all prospective home buyers and home owners a written disclosure statement identifying that the project is located within an active recreation area. Such activities will include, but are not limited to sporting activities, water sport and recreation activities, off road racing, sky diving, hang gliding, etc. Said written disclosure statements shall indicate that such recreation activities will include, but are not limited to noise impacts, excessive lighting and dust. BUILDING DIVISION General Conditions 32, Final Building and Safety Conditions Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. Conditions of Approval RDR 2016-03 Woodside Homes Pape 7 of 16 Planning Commission April, 5 2016 Citv Council TBD 33. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes: 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code. 34. Green Measures. The application shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. 35. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trach enclosure tot lots and picnic areas. 36. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single- family residential projects. 37. Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 38. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 39. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 40. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 41. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. Conditions of Approval RDR 2016-03 Woodside Homes Page 8 of 16 At Plan Review Submittal Planning Commission April, 5 2016 City Council TBD 42. Submitting Plans and Calculations Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c. A precise grading plan to verify accessibility for the persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 43. Onsite Water and Sewer Plans Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 44. Demolition Permits A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 45. Plans Require Stamp of Registered Professional Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 46. Pre -Construction Meeting A pre -construction meeting is required with the building inspector prior to the start of the building construction. ENGINEERING DIVISION General Requirements 47. This project shall comply with the applicable Conditions of Approval of Tentative Tract 31920 as approved by City Council on July 27, 2004. Conditions of Approval RDR 2016-03 Woodside Homes Paae 9 of 16 Planning Commission April, 5 2016 City Council TBD 48. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be undergrounded. 49. All slopes, open space, and landscaping except for public parks, school property and flood control district facilities shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. 50. In accordance with the City's Franchise Agreement for waste disposal & recycling, the developer shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 51. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 52. Any grading that affects "waters of the United States", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 53. All required grading and improvement plans, soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. Fees 54. The developer shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees may include: Traffic Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Drainage Fee. Fee rate will be assessed at the prevalent rate at time of payment in full. Flood Plain 55. Meet all requirements of LEMC 15.68 and 15.64 regarding floodplain management and flood hazard regulations. Finish floor elevation of all buildings shall be a minimum of 1267 ft. 56. The developer shall provide written, signed and sealed certification from a registered Civil Engineer or licensed Land Surveyor that the finished floor of each structure is at or above the elevation of 1267 ft. Conditions of Approval RDR 2016-03 Woodside Homes Page 10 of 16 Planning Commission April, 5 2016 City Council TBD 57. Projects in the back basin shall comply with the special conditions to Permit No. 88-00215-00-RRS (Lake Elsinore Management Project) Storm Water Management / Pollutant Prevention 58. The developer shall obtain and maintain coverage under the General Permit — Construction. A copy of the Change of Information (COI) and/or NOI shall be submitted to the Engineering Division prior to permit issuance. A SWPPP shall be prepared, implemented and maintained onsite to provide erosion control measures and best management practices (BMP's) throughout all phases of construction. 59. All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain" using the City authorized marker to prevent illegal dumping in the storm drain system. 60. The developer shall submit an amendment to the Master Water Quality Management Plan (WQMP). The requirements of the WQMP Amendment may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. The final WQMP Amendment must be approved prior to grading permit issuance. 61. DURING CONSTRUCTION, NPDES education guidelines and Best Management Practices (BMPs) shall be posted to inform users of this development of environmental awareness and good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMPs of the Riverside County NPDES Drainage Area Management Plan. Improvements 62. An Encroachment Permit shall be obtained prior to any work on City and/or State right-of-way. The developer shall submit the permit application, required fees and documents prior to issuance. 63. Sight distance into and out of the project location shall comply with CALTRANS Standards. 64. All landscaping and fencing at intersections shall meet City Sight Distance Standards. 65. Roof drains shall drain to a landscaped area. 66. The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. Conditions of Approval RDR 2016-03 Woodside Homes Paae 11 of 16 Planning Commission April, 5 2016 Citv Council TBD 67. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. 68. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be provided. 69. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 70. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 71. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off- site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 72. All Public Works requirements shall be constructed and complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans. 73. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 74. The developer shall provide signing and striping plans for the required improvements of this project. Grading 75. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Export sites located within the Lake Elsinore City limits must have an active grading permit. Hauling of over 5,000 cy subject to City Council approval (LEMC 15.72.065). Costs incurred by City in conjunction with approval of the haul route shall be paid by the applicant. Conditions of Approval RDR 2016-03 Woodside Homes Page 12 of 16 Planning Commission April, 5 2016 City Council TBD 76. The project shall comply with CBC 1804.3 site grading requirements. 77. Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 78. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake-elsinore ora). 79. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 80. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be approved by the City Engineer. 81. The developer shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 82. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 83. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 84. Developer shall pay all grading permit applicable processing, permit, security and development fees including those fees identified in an applicable development agreement. Prior to Issuance of Building Permit 85. Final map shall be approved and recorded. Conditions of Approval RDR 2016-03 Woodside Homes Paae 13 of 16 Planning Commission April, 5 2016 Citv Council TBD 86. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 87. All required public right-of-way dedications and easements shall be prepared by the developer or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 88. All internal street improvement and signing and striping plans shall be completed and approved by the City Engineer. 89. The developer shall pay all Capital improvement TIF and Plan Check fees (LEMC 16.34). Prior to Occupancy 90. All signing and striping and traffic control devices for the required improvements internal to TR 31920-9 shall be installed. 91. All public improvements internal to TR 31920-9 shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 92. Any damage to existing landscape easement areas due to project construction shall be repaired or replaced at no cost to the City. 93. Any damage to existing asphalt streets, concrete sidewalks, curbs, gutters and driveways will be repaired to the satisfaction of the City Engineer prior to tract final. 94. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. 95. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'h x 11" mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. 96. In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 97. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall: Conditions of Approval RDR 2016-03 Woodside Homes Paqe 14 of 16 Planning Commission April, 5 2016 City Council TBD • Demonstrate that all structural BMPs required for TR 31920-9 have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; • Demonstrate that they are prepared to implement all non-structural BMPs required for TR 31920-9 included in the conditions of approval or building/grading permit conditions; • Demonstrate that an adequate number of copies of the approved project specific TR 31920-9 Amendment to the WQMP are available for the future owners/occupants; and • The developer shall provide all education guidelines for Water Quality Management Practices to the separate owners of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 98. The property owner shall execute and cause to be recorded an Operations and Maintenance Agreement in the form provided by the City to inform future property owners of the requirement to implement the approved final project -specific WQMP. 99. As -built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/developer/owner is responsible for revising the original mylar plans. 100. The approved, revised plans and Final recorded map(s) shall be provided to the City on a CD/DVD in .tif format and as GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. 101. All final studies and reports shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, WQMP, etc. CITY OF LAKE ELSINORE FIRE MARSHALL General Conditions 102. Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of Fire Department conditions to forward them to all interested parties. The permit number is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main St., Lake Elsinore, CA Conditions of Approval RDR 2016-03 Woodside Homes Paae 15 of 16 Planning Commission April, 5 2016 Citv Council TBD 92530. Phone: (951) 671-3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 103. Blue Dot Reflectors - Blue retro -reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 104. Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,500 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 500' and 250' maximum distance from any point on the street or road frontage to hydrant. Standard Fire hydrants shall be installed (6"x4"x2-1 /2"). 105. Standard Fire Hydrants- Super fire hydrants (6" x 4" x 2-2 1/2"), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measures along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 106. Minimum Access Standards - The following access requirements are required to be implemented to ensure fire department and emergency vehicular access. All roadways shall conform to the City of Lake Elsinore approved roadway standards but in no case shall the minimum fire department vehicular access be less the following provisions: A. Twenty-four feet (24') clear width. Where parking is to be provided, each parking side shall be provided with eight (8') additional feet on each side of the fire department access. B. Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet. [Ord. 529 § 3.2(F), 1973]. C. The required all weather vehicular access shall be able to support no less than 70,000 lbs. over 2 axles. D. Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. E. Turning Radius shall be 26' inside and 38' outside for all access roads. 107. Secondary Access - In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and community evacuation. Conditions of Approval RDR 2016-03 Woodside Homes Page 16 of 16 Planning Commission April, 5 2016 City Council TBD 108. Separation of Occupancy- A fire barrier wall for the separation of occupancies is required per the California Building Code. Fire walls, fire barriers, fire partitions, smoke barriers, and smoke partitions or any other wall required to have protected openings or penetrations shall be effectively and permanently identified with signs or stenciling. Such identification shall be located in accessible concealed floor, floor ceiling or attic spaces repeated at intervals not exceeding 30 feet along the wall, and include lettering not less than 0.5 inch in height, incorporating the suggested wording "FIRE AND/OR SMOKE BARRIER - PROTECT ALL OPENINGS," or other wording. Prior to Building Permit Issuance 109. Plan Check Fee- Building plan check fees shall be made payable to the "City of Lake Elsinore", and shall be submitted to the Fire Department at the time of plan submittal. 110. Water System Plans - Applicant and/or developer shall separately submit 2 sets of water system plans to the Fire Department for review. Plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. 111. Prior to Building Construction Verification - This project shall be inspected and approved by the Fire Marshal or designee prior to bringing combustible materials on site. During such inspection all permanent road signs shall be in place, all hydrants shall on operating and approved for use by the water purveyor, and all permanent road surfaces shall be completed including primary and secondary access circulation. Prior to Building Final Inspection 112. Residential Fire Sprinkler Systems for Single family and two-family 13D - Install a complete fire sprinkler system designed in accordance with California Residential Code, California Fire Code and adopted standards. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. MITIGATION MONITORING AND REPORTING PROGRAM 113. The Mitigation Monitoring & Reporting Program ((MMRP) for (EIR or MND), which was adopted for Tentative Tract Map 31920 RESIDENTIAL DESIGN REVIEW NO. 2016-03 C Fv o F Al", LAKE �. LSINORE ---, -- %�u DREAM I:x"1'RGMI: RESIDENTIAL DESIGN REVIEW NO. 2016-03 CITY OF LAKE�C LS I I� �{> O kE- 1v DREAM EX[iumE CITY CF ,;�'R LADE P LSHAORE DREAM EXrREMEM CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: April 26, 2016 SUBJECT: Extension of Time for Tentative Tract Map No. 33725 A request for approval of a three (3) year extension of time for Tentative Tract Map No. 33725, a subdivision of 52.7 acres into 221 single family residential lots, located in the Ramsgate Specific Plan, south of Little Valley Road, north of Scenic Crest Drive, west of Greenwald Avenue and east of Grassy Meadow Drive (APNs:349-240-006, -043 thru - 047, -054 thru -056, 349-380-024 and -025); (Applicant: SPT-AREP III Tuscany Associates LLC, c/o Shopoff Realty Investments) Recommendation ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR THREE (3) YEARS FOR TENTATIVE TRACT MAP NO. 33725. Background On September 26, 2006, the City Council approved Mitigated Negative Declaration No. 2006-04, General Plan Amendment No. 2006-05, Pre -Annexation Zone Change No. 2006-05, Zone Change No. 2006-07, Ramsgate Specific Plan No. 89-1 Fifth Revision, Annexation No. 76, and Tentative Tract Map No. 33725 (TTM 33725). These actions entitled the subdivision of 52.7 vacant acres into 221 single family residential lots. Between July 2008 and July 2013, the California Legislature adopted Senate Bill 1185, Assembly Bills 333, 208 and 116, all automatically extending the life of this map for an additional seven (7) years. Pursuant to Section 16.24.160 of the Lake Elsinore Municipal Code (LEMC), the applicant has one or more extensions of time totaling a maximum of 36 months available to him before the map expires. Pursuant to the Subdivision Map Act, Government Code Section 66452.6(e), the time at which the map expires may be extended by the legislative body for a period not exceeding a total of six (6) years. Based upon the original approval and the subsequent automatic time extensions, TTM 33725 was due to expire on September 26, 2015. However, the Conditions of Approval for TTM 33725 included a condition tying the map to the life of the Development Agreement for the Ramsgate Specific Plan and its accompanying Operating Memorandums of Understanding, which do not expire until 2022. Furthermore, another Condition of Approval states that Annexation No. 76 shall be completed in order for the City to have regulatory jurisdiction. The City formally adopted Annexation No. 76 on February 22, 2007 after Local Agency Formation Commission approval. Discussion On December 23, 2015, the applicant applied for an Extension of Time for TTM 33725. Because of the confusing expiration dates noted above, Staff accepted the application with the intent of revising the Conditions of Approval, updating regulations put into effect during the past nine (9) years, and providing a clear and specific expiration date. Review and Revised Conditions of Approval City Departments reviewed the Map and its design, and found it acceptable in terms of access and circulation, and the provision of neighborhood recreational opportunities provided in two pocket parks. Community Services has proposed conditions of approval enabling City Staff to review and approve the design of the parks prior to grading permit. Determinations by the City Attorney's Office The City Attorney's Office reviewed the previous Conditions of Approval and determined that the condition tying the Map to the Ramsgate Development Agreement was unenforceable. The CAO further opined that the length of the extension was discretionary. Staff recommends that the three (3) years requested on the application for extension is an appropriate length of time that affords the applicant adequate opportunity to move forward, while protecting the interests of the City and future development regulations. The applicant retains his ability to file another extension of time request should it be necessary. Lastly, in accordance with the Subdivision Map Act, Government Code Section 66454, the expiration date is tied to the approval of the Map, and not the effective date of the annexation. Environmental Determination Mitigated Negative Declaration No. 2006-04 (MND 2006-04) was prepared in conformance with the California Environmental Quality Act (CEQA) as amended (Public Resources Code, Section 21000 et.seq.); the State Guidelines for Implementation of CEQA as amended (California Code of Regulations, Title 14, Chapter 3, Section 15000, et.seq.); applicable requirements of the City of Lake Elsinore; and the regulations, requirements and procedures of any other responsible public agency or agency with jurisdiction by law. Staff has determined that MND 2006-04, for the original approval of TTM 33725, remains the appropriate document because revisions to the Conditions of Approval proposed for the extension of the Map improve and further define mitigation Page 2 measures. The addition of storm water management conditions represent the most current pollution prevention measures. Lastly, the environmental framework at the project site are unchanged and do not warrant further environmental review. Fiscal Impact The time and costs related to processing this extension of time request have been borne by the Developer Deposit paid by the applicant. No General Fund budgets have been allocated or used in the processing of this application. The approval of the extension of time does not fiscally impact the City's General Fund. Mitigation Measures to protect the City fiscally have been included in the revised Conditions of Approval. Prepared by: Carole K. Donahoe, AICP Planning Consultant Reviewed by: Justin Kirk Principal Planner Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Exhibits: A. Extension of Time for TTM 33725 Resolution B. Conditions of Approval C. Acknowledgement of Conditions D. Vicinity Map E. Aerial Map F. TTM 33725 Page 3 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR THREE (3) -YEARS FOR TENTATIVE TRACT MAP NO. 33725. WHEREAS, Shopoff Realty Investments, representing SPT-AREP III Tuscany Associates, LLC, submitted a request for a three (3) year extension of time for Tentative Tract Map No. 33725 on December 23, 2015; and WHEREAS, the Lake Elsinore Municipal Code Section 16.24.160 requires that a land divider wishing to extend the life of a tentative tract map make a written application to the City Council not less than thirty (30) days prior to the expiration of the tentative tract map requesting an extension of time on the map; and WHEREAS, on April 26, 2016, at a duly noticed public hearing the City Council has considered the recommendation of City staff 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: SECTION 1. The City Council has reviewed and analyzed the proposed extension of time for Tentative Tract Map No. 33725 prior to making its decision to extend the life of the map for a period of three (3) years. SECTION 2. That in accordance with the California Subdivision Map Act (Cal. Gov. Code Section 66000 et. seq.) and the City of Lake Elsinore Municipal Code Section 16.24.160, the City Council makes the following findings for the approval of an extension of time for Tentative Tract Map No. 33725: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. Tentative Tract Map 33725 is located in the Ramsgate Specific Plan General Plan designation. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan. c. Recreational amenities have been provided in a manner consistent with the General Plan. RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR THREE (3) -YEARS FOR TENTATIVE TRACT MAP NO. 33725. WHEREAS, Shopoff Realty Investments, representing SPT-AREP III Tuscany Associates, LLC, submitted a request for a three (3) year extension of time for Tentative Tract Map No. 33725 on December 23, 2015; and WHEREAS, the Lake Elsinore Municipal Code Section 16.24.160 requires that a land divider wishing to extend the life of a tentative tract map make a written application to the City Council not less than thirty (30) days prior to the expiration of the tentative tract map requesting an extension of time on the map; and WHEREAS, on April 26, 2016, at a duly noticed public hearing the City Council has considered the recommendation of City staff 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: SECTION 1. The City Council has reviewed and analyzed the proposed extension of time for Tentative Tract Map No. 33725 prior to making its decision to extend the life of the map for a period of three (3) years. SECTION 2. That in accordance with the California Subdivision Map Act (Cal. Gov. Code Section 66000 et. seq.) and the City of Lake Elsinore Municipal Code Section 16.24.160, the City Council makes the following findings for the approval of an extension of time for Tentative Tract Map No. 33725: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. Tentative Tract Map 33725 is located in the Ramsgate Specific Plan General Plan designation. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan. C. Recreational amenities have been provided in a manner consistent with the General Plan. CITY COUNCIL RESOLUTION NO. 2016 - Page 2 of 4 The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density and design is consistent and compatible with the adjacent communities. Effects that the Map are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The Map is consistent with the City's General Plan. During the approval of the General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. The Map has been conditioned to annex into Community Facilities District No. 2015-1 (Safety and Law Enforcement, Fire and Paramedic Services, Mello -Roos) to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. C. The Map has been conditioned to annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) to fund the on-going operation and maintenance of the public right-of-way, landscaped areas, and neighborhood parks to be maintained by the City, and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. 4. Subject to the attached conditions of approval, the proposed division of land or type of improvements is not likely to result in any significant environmental impacts. a. An Initial Study was prepared for the project. The Initial Study identified potentially significant environmental effects but proposals made or agreed to by the applicant avoid the effects or mitigate the effects to a point where no significant effects would occur. b. When examining the project in light of the conditions of approval and mitigation measures there is no substantial evidence that the project may have a significant effect on the environment. C. Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. Tentative Tract Map No. 33725 has been conditioned to comply with these mitigation measures. CITY COUNCIL RESOLUTION NO. 2016 - Page 3 of 4 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. Tentative Tract Map No. 33725 has been designed in a manner consistent with the General Plan and does not divide previously established communities. 6. The design of the proposed division of land or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or request for access have been incorporated into the design of Tentative Tract Map No. 33725. b. The Map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby approves a three (3) -year extension of time for Tentative Tract Map No. 33725, incorporating the attached revised Conditions of Approval. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this twenty-sixth day of April, 2016. Brian Tisdale, Mayor ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2016-_ Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016- was adopted at a regular meeting of the City Council of the City of Lake Elsinore on the twenty-sixth day of April, 2016, by the following roll call vote: AYES: NOES: G _'W ABSENT: Susan M. Domen, MMC, City Clerk CITY COUNCIL RESOLUTION NO. 2016-_ Page 4 of 4 STATE OF CALIFORNIA SS COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016 was adopted at a regular meeting of the City Council of the City of Lake Elsinore on the twenty-sixth day of April, 2016, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 PLANNING DIVISION I. Tentative Tract Map No. 33725 will expire on September 26, 2018 m4th thp, e*PiFation of Feement for unless within that period of time a final map has been filed with the County Recorder, or- an extension of ti . __ 2. Tentative Tract Map No. 33725 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project attaehed hereto. 5. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format. 6. The applicant shall comply with the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-04 for Ramsgate Specific Plan No. 89-1 Fifth Revision, ■. ■ �.IN MOVE 1 11 NNU 5. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format. 6. The applicant shall comply with the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-04 for Ramsgate Specific Plan No. 89-1 Fifth Revision, CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 unless superceded by these Conditions. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 7. This map must comply with the Development Standards and Design Guidelines approved with the Ramsgate Specific Plan No. 89-1 Fifth Revision (SP). Construction of the property is subject to all the Conditions of Approval of the SP unless superceded by these conditions. a. All lots shall comply with the minimum standards contained in the residential Development Regulations contained in the SP, including lot frontage minimums and corner lot requirements. b. Where the SP is silent, Title 16 and 17 of the Lake Elsinore Municipal Code shall apply. 8. The applicant shall sign and return an original "Acknowledgment of Conditions to the Community Development Department prior to setting the Request for an Extension of Time for public hearing before within 30 days e +> �ffwY exter_1sien_o€lime-appevet-by the City Council for inclusion in the case records. PRIOR TO FINAL TRACT MAP: 9. The applicant shall comply with the requirements of the Riverside County Fire Department as specified in the Department transmittal dated March 8, 2006, attached. lo. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 IL The applicant's engineer shall coordinate the design of Scenic Crest Drive with development of Tentative Tract Map No. 31370 at the direction of the City Engineer. 12. The applicant shall identify and design a trail access from Scenic Crest Drive to the Open Space Wildlife Corridor, that includes dimensions, type of materials used, and conceptual interpretive signage to be installed. 13. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 14. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 15. The applicant shall initiate and complete the formation of a homeowners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC&Rs). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or coordinate with an appropriate agency approved by the Community Development Director, for such maintenance. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for such service. b. CC&Rs shall prohibit on -street storage of boats, motor homes, trailers, and trucks over one -ton capacity. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 C. CC&Rs shall prohibit roof -mounted or front -yard microwave satellite antennas. d. The developer shall provide landscaped areas on both sides of any access roadways within the tract, and the landscaped areas shall be maintained by the HOA. 16. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 17. The Final Map shall identify downslopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 18. Thirty days prior to issuance of a grading permit, the applicant shall submit to the Community Development Department a burrowing owl survey for review and acceptance by the City. 19. The City's Noise Ordinance shall be met during all site preparation and construction activity. Site preparation and construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 20. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval immediately previous, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 Noise Ordinance and related Condition of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 21. Prior to the issuance of a building permit, the applicant shall pay the City's Multi -Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 23. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 24. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD) and incorporate all District conditions and standards. 25. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 26. The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of sheet lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 27. The applicant shall meet all requirements of the providing electric utility company. 28. The applicant shall meet all requirements of the providing gas utility company. 29. The applicant shall meet all requirements of the providing telephone utility company. 3& A cash bond of $1,000.00 is required for any construction trailers used during construction--- a -s used during construction-. guaranteeing the renAw 1 of all tFailer Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or his designee. 31. All signage shall be subject to Planning Division review and approval prior to installation. 32. Landscape Plans for the tract shall include vegetative screening of retention basins and both sides of service roads and drainage easements. 33. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. Construction -generated dust and erosion shall be mitigated in accordance with x- provision's t}( 17e C`iiy's %,J11ujCjpl it (':oclr, t:'l�aptcx I'>.72, raf d W ill accepted techniques. Interim erosion control measures shall be provided 30 clays dia:r ilme site"s Vou11h grading as approved by the City Engineer. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 PRIOR TO DESIGN REVIEW: 34. All future structural development associated with this map requires separate Design Review approval. 35. Elevation drawings for Design Review shall include four-sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case-by-case basis, this condition may be waived. 36. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 37. Downslopes adjacent to streets shall be maintained by the HOA. 38. A detailed fencing plan shall be required for review and approval during the Design Review process. a. The applicant shall install walls and fencing along the perimeter of the subdivision in accordance with the approved Design Guidelines for the Ramsgate Specific Plan. b. Where views to open space are important, the applicant shall provide the appropriate view fencing. 39. A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. 40. Primary and secondary access roads for each phase as identified on the map "Fire Access Table" shall be fully constructed and open to the public prior to the issuance of the Certificates of Occupancy for each phase of the tract. ENGINEERING DIVISION General Requirements: 2. The property owner shall be responsible to ensure the site is kept free from illegal dumping and weeds. 3. A grading plan signed and stamped by a Calif Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 4. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 5. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 6. This project shall comply with the recommendations of the traffic study prepared by Urban Crossroads dated October 24, 2005. 7. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 8. An Encroachment Permit shall be obtained prior to any work on City right-of- way. 9. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 10.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. I LApplicant shall obtain any necessary County permits and meet all County requirements for any work within County right-of-way, more specifically, for Little Valley Road and Greenwald Avenue. 12.The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 13.Provide fire protection facilities as required in writing by Riverside County Fire. The fuel modification zone shall be maintained by a homeowner's association or other private entity approved by the City. 14.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF and area drainage fees. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 15.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 16.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 17.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 18.Up-slope maintenance along right-of-ways shall be maintained by a homeowner's association or other private entity approved by the City. 19.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by homeowner's association or other private entity approved by the City. 20.All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 21.Some of the improvements shown on the Map and/or required by these conditions are located in the Comity of Riverside and/or private property. The developer shall be responsible for obtaining County and/or private permits and approvals needed to complete the required offsite improvements. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 22.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 23.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 24.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design: 25. The project is responsible for complying with the Santa Ana Region NPDES Permits as warranted based on the nature of development and/or activity. These Permits include: General Permit -Construction General Permit - Industrial Scrap Metal Deminimus Discharges MS4 26. The project shall complete and submit for review and approval to the Engineering Division BOTH a preliminary and final WQMP, incorporating the LID Principles and Stormwater BMPs. 27.The preliminary WQMP shall be approved prior to scheduling for Planning Commission; the final WQMP shall be approved prior to issuance of any grading or building permit. 28. Water Quality Facilities that service more than one parcel shall be placed in an easement to provide for maintenance and prevent obstruction. 29.The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for WQMP preparation. THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 30. WQMP -- The Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control identified pollutants of concern. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan (DAMP), Model WQMP, and LID Guidance Manual for reference, and the MS4 Perinittee's WQMP template for submittal. This WQMP shall include the following: Detailed site and project description Potential stormwater pollutants Post -development drainage characteristics Low Impact Development (LID) BMP selection and analysis Structural and Non -Structural source control BMPs Site design and drainage plan (BMP Exhibit) Vector issues are addressed in the BMP design, operation and maintenance. GIS coordinates for all LID and Treatment Control BMPs HCOC - demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. Design goal to replicate pre -development hydrologic regime. 31.The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project, in the following manner (from highest to lowest priority) : (Section XII.E.2, XII.E.3,and XII. E. 7) 0 Evaluation of highest and best use for sites discharging to Lake Elsinore. Preventative measures (these are mostly non-structural measures, e.g., preservation of natural features to a level consistent with the MEP standard; minimization of Urban Runoff through clustering, reducing impervious areas, etc.) The Project shad `Infiltrate, harvest and use, evapotranspire and/or bio - treat the 85th percentile storm event also known as the Design Capture Volume (DCV). CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 ® The Project shall consider a properly engineered and maintained bio- treatment system only if infiltration, harvesting and use and evapotranspiration cannot be feasibly implemented at the project site. Any portion of [the DCV] that is not infiltrated, harvested and used, evapotranspired, and/or biotreated shall be treated and discharged in accordance with the requirements set forth in Section XII.G. 32. Parking lot landscaping shall be designed to with concave landscape grading and provide for treatment, retention or infiltration of runoff. 33. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape and permeable surfaces in low traffic roads and parking lots. 34. Hydromodification / Hydraulic Conditions of Concern — The project shall identify potential Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. 35.CEQA — If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Division. 36. The project shall use either volume -based and/or flow -based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. Construction: 37.A Stormwater Pollution Prevention Plan (SWPPP) is required for this project. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City's NPDE 2 Program, California Building Cade, and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. Post Construction: 38. Recorded Operation and Maintenance (O&M) Plan that (1) describes the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (3) describes the mechanism for funding the long-term operation and maintenance of the referenced BMPs, and (4) provides for annual certification of water quality facilities by a registered civil engineer and/or the City for a fee if the service is available. 39.All storm drain inlet 'facilities shall be appropriately marked "Only Rain in the Storm [gain" using the City authorized marker to prevent illegal dumping in the drain system. 40. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include: Demonstrate that all structural Best Management Practices (BMP's) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications. Demonstrate that the project has complied with all non-structural BMPs described in the project's WQMP. a Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's VVQMiP are installed and operational. Submit a copy of the fully executed, recorded Operations and Maintenance (O&M) Plan for all structural BMPs. Demonstrate that copies of the project's approved VVQlV1P (v�tifh recorded O&M Plan attached) are available for each of the initial occupants (cornrnercial/industrial) or Owner's Association as appropriate. a Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the engineer of work dated 12 months after C of 0 will be considered in lieu of a Special Investigation by the City. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 ® Provide a recorded copy of one of the following: I. CC&R's (they must include the approved WQMP and O&M Plan) for the project's Owners Association, 2. A water quality implementation agreement with the approved WQMP and O&M Plan attached; or 3. The final approved Water Quality Management Plan and Operations and Maintenance Plan. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 41.Construct Little Valley Road per City Standard 108 (60'/40'). The horizontal curvature shall be designed at a minimum speed of 35mph. A temporary ac paved turnaround shall be provided at the terminus of Little Valley Road. 42.Construct Scenic Valley Road per City Standard 108 (60'/40') or as shown in the map. 43.1mprove the west side of Greenwald Avenue by constructing an additional paved width of 20' per City Standard 104. Adequate transitions shall be provided. Note: Should the existing structural section is found to be substandard for a secondary road, the road improvements shall extend to the centerline of Greenwald Avenue. 44.Construct local streets "A" to "N" per City Standard 107 (60/40) or as shown in the map. 45.The construction of "A" street also functioning as secondary access road for Tract 25475 shall be approved by the Fire Department. 46.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 47.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 48.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 49.Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 50. Applicant shall submit signing and striping plans for the required street improvements and a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the tract. 51.A Calif. Registered Civil Engineer shall prepare street and traffic improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 52.All Public Works improvements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. The improvements shall include street and drainage improvements, street lighting, and associated traffic improvements related to the project. Prior to Issuance of a Grading Permit 53.Submit grading plans with appropriate security, Hydrology and Hydraulic CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 54.Construction Project access and hauling route shall be submitted and approved by the City Engineer, 55.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless a registered geologist provides verification that the project is exempt. 57.The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 58.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 59.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 60.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 61.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 62.Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). 63.Provide a traffic signal warrant analysis for the intersection of Greenwald and Scenic Crest Drive. If warranted, the developer shall construct a traffic signal at the intersection of Greenwald and Scenic Crest Drive. Prior to Occupancy 64.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 65.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 66.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 67.Water and sewer improvements shall be completed in accordance with Water District requirements. THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 68.The project applicant shall participate in the phased construction of the off-site intersection improvements as listed in their traffic study through payment of TIP and TUMF fees, payment of the project's fair share contribution towards other off-site improvements not included in the active fee programs, or construction of off-site facilities under appropriate fee credit agreements. 69.If warranted, the traffic signal at Greenwald and Scenic Crest Drive shall be operational. 56. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. DEPARTMENT OF ADMINISTRATIVE SERVICES 1. Annex into CFD 2015-1 (Safety) Law Enforcement Fire and Paramedic Services CFD. Prior to approval of a Final Map, Parcel Map, Residential Design Review, or Conditional Use Permit (as applicable), the applicant shall annex into Community Facilities District No. 2015-1 (Safety) or such other Community Facilities District for the Law Enforcement, Fire and Paramedic Services established at the time of such approval to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Public Safety services. Applicant shall make a seven thousand five hundred dollar ($7,500) non-refundable deposit to cover the cost of the annexation, formation or other mitigation process, as applicable. Contact City of Lake Elsinore Administrative Services Department at J Sim pson(a) lake-elsinore.off. 2. Annex into the City of Lake Elsinore Community Facilities District No 2015-2 (Maintenance Services) Prior to approval of the Final Map, Parcel Map, Residential Design Review, Conditional Use Permit or building permit (as applicable), the applicant shall annex into the Community Facilities District No. 2015-2 (Maintenance Services) or such other Community Facilities District for the Maintenance Services established at the time of such approval to fund the on- going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a seven thousand five hundred dollar ($7,500) non-refundable deposit to cover the cost of the annexation, formation or other mitigation process, as applicable. Contact City of Lake Elsinore Administrative Services Department at JSimpson(a)lake-elsinore.org. 3. Fire Station Impact Fee and Other Impact Fees: Upon completion of the Fire Station Impact Study and other impact fee studies, developer shall pay impact fee. �. • . RTNEVE�ffir-TIP-1 grimmm COMMUNITY SERVICES DEPARTMENT The developer shall pay park fees of $1,600 per unit ($211,200) or whatever park fees are in effect at the time of building permit issuance. . 2. The developer is required to participate in the "Public Facility" fee program. 3. The developer shall comply with all current NPDES storm water requirements. 4. All interior landscape, recreation areas, facilities and/or open space shall be THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 maintained by the HOA. No park credits shall be given. 5. The developer shall submit a design of the two pocket parks for I ols `A' and `.W and all park facilities within the tract prior to the issuance of grading permits, for review and approval by the Community Services Director and the Community Development Director. 6. The HOA shall maintain all a44 park and common landscape areas. 6. The HOA shall maintain all natural and manufactured slopes. 7. The HOA shall maintain all drainage facilities and structures. 8. The HOA shall maintain all catch basins, collectors, v -ditches or any other related flood control or storm water control device. 9. The HOA to maintain all exterior walls and landscaping. . v��s:.n•.3,.:..:.n�.,:....�..,..e.A...:,.o..r..��, ar7Ly lilt �. �.:'': � 12. The developer shall comply with all City ordinances regarding construction debris removal and recycling, per Section 8.32 of the Lake Elsinore Municipal Code. 13. The developer shall provide the City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City. 14. Secondary access shall be clearly defined as part of the development. 15. The developer shall meet City curb, gutter and sidewalk requirements. 16. The City's Landscape Architect shall review all landscape and/or irrigation plans prior to acceptance by the City. CONDITIONS OF APPROVAL FOR THREE-YEAR EXTENSION OF TIME Approved by City Council on April 26, 2016 (Riverside County Fire Department Conditions of Approval dated March 8, 2006 attached.) (End of Conditions) MAK -1 b-ZUU6 WED 09: bO AN R I V CO F C({L` N&L FAX NO. 9851 955 4886 1'. 04 03/08/06 Riverside County LMS V 05'54 CONDTTIONS OF APPROVAL, Pa9n• 1 Library Conditions 10. GENERAL, CONDITIONS FIRE DEPARTMENT 10 FIRE. 9.99 CASE, -- CITY CASE STATEMENT DRAFT With respect- to the conditions of approval for the referenced project, the Fire Department recommends the .following fire protection measures he provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: ]:O.FIRE.999 MAP -##50 -BLUE DOT REFLEC'T'ORS DRAFT., Blue retroreflective pavement markers shall be mounted on Private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by tile. Riverside County Fire Department. 7.0.F,TRE.999 MAP* -##].6-hyDRAiNT/,9PACING DRA Schedule fire protection approved at standard Eire hydrants, c6"x4"x2 1/2") located one at each street intersection and spaced no more than ;Ci feet apart in any d' tion, with no portion oi: any 16- frontage more than 1 feet from a hydrant. Minimum fire flow shall be Ja& _ GAM for 2 hour duration at 20 PST. Shall include perimeter streets at each intersection and spaced 660 feet apart. 50. PRIOR To MAP RECORDATION FIRE DEPARTMENT 50.FIRE.999 MAP-4j7-ECS-F4A2 FIRE AREA DRAFT E0S map must be stamped by the Riverside County Surveyor with the following note: The land division 10 located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Hoard of Supervisors. Any building constructed on lots created by this land division shall comply with the opeci.a7. construction provisions contained in Riverside County Ordinance 787. AGENDA ITFM No. MAR -15-2006 WED 09:50 AM RIV 00 FIRE N&E FAX N0, 951 955 4886 03/08/06 Riverside County LMS Or -54 CONDITIONS OF APPROVAL I.a.sarary Conditions 50. PRIOR TO MAP RECORDATION 50.FTRN.999 MAP*-##43--ECS-ROOFING MATER.T.AL Ecs malar must he stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class 'All material. as per the California Building Code, 50.FTRE.999 MAP -$#46 -WATER PLANS The applicant or developer shall. furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 50.FIRE.999 MAP-#53-ECS-WTR PRIOR/COMBAS face map must be stamped by the Riverside County Surveyor With the following note.. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual :Lot. 50.FIRN,999 MAP -#4? -SECONDARY ACCESS In the interest of Public Safety, the project shall. provide an Alternate or Secondary Access(s) as stated in the Transportation Deparment Conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval, of both the Transportation Department and the Riverside County Fire Department. 80. PRIOR TO .BLDG PRMT ISSUANCE FIRE DEPARTMENT 80.FIRE.999 MAP -•##50C -TRACT WATER VERIFTCA The required water system, including all fire hydrant (n), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual l.ot.. Contact. the Riverside County Fire Department- to inspect the required .fire flow, street signs, al -1 weather surface, and all, access and/or 0econdary_ Approved water AGENDA ITEM NO. P. 05 Page: 2 DRAFT DRAFT DRAFT DRAFT DRAFT 1IM-io-,�uu0 WCV Ud-DU fill KIV GU PIKh Y&t HAX No. 951 955 4886 P. 06 03/08/06 Riverside Count IaMS 05:54 � Page: 3 CONDITIONS O&' APPROVAL Library Conditions 80. .PRIOR TO 8L,DG PRMT ISSUANCR 80.FIRE.999 MAP -#500 -TRACT WATER ORRIFSCA (cant.) DRAFT plana must be a the job site. 80.FIRE.999 MAP - SECONDAR'Y/ALT(3R ACCPSS DRAFT In the interest of Public Safety, the project shall provide An Alternate or Secondary Access(s) as stated in the Transportation Department conditions. Said Alternate or Secondary Access (a) shall have concurrence and approval, of both the Transportation Department and the Riverside County Fire Department. Alternate and/or Secondary Access(s) shall be completed and inspected per the approved plans. AGENDA ITEM N9. CITY OF LAKE e� Cog, LS I HOKE `—V DREAM EXTREME- ACKNOWLEDGEMENT XTREME- ACKNOWLE DGEMENT OF DRAFT CONDITIONS RE: TENTATIVE TRACT MAP NO. 13725 EXTENSION OF TIME I hereby state that I/We acknowledge the draft Conditions of Approval for the above named project. I/We understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore City Council. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. Date: 1-1-1-161 Applicant's Signature:... Print Name: Address: 7-- 72-4 qg&f- V e r. -I' Phone Num""W, ber: Date: Property Owner's Signature: Print Name: Address: SA7--.4,&,4,v raze- �IWV 11L5ocX4 7IF-S7, SGC. Phone Number: 7* e1x-Vgt—z , c -f 5'z K Id -1 Extension of Time for Tentative Tract Map No. 33725 Crry or 12 LADE LSI1`0RE- �—=aeXriicnnc q� S x3w rt: (�#qL t ..%f S i 't1m .` y�j +'•AS S F "%:Y {,.as. 4 Z 3 a rt.£ .:C"L ! .. .. x m � � IL o b / 4 � f �C 1 _R k ) m Fs y � a � a n a ti 6 6 � i= Via; to }� L L f^ v m ;r IL o s / 4 � f �C 1 _R k ) m Fs y � a z a ti 6 6 rn i= Via; to v rl mz=Z ca _ l C U�CI.p I !Y,l3:G:B1?IJ , L I IL o s / 4 � f 1 d k m Fs y f a p ti 6 6 rn }� L L Z iz H rl mz=Z ca _ l C U�CI.p I !Y,l3:G:B1?IJ , L I IL o s / 4 � f � - d k f ti 6 6 }� L L IL o / 4 � f Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 19) City of Lake Elsinore Text File File Number: ID# 16-190 Version: 1 130 South Main Street Lake Elsinore, CA 92530 www, lake-elsinore. org Status: Approval Final File Type: Report City o1 Lake Elsinore Page 1 Printed on 4/21/2016 CITY OF_ LAKE LSI1`IOKE DREAM EXTREME. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: April 26, 2016 PROJECT: Specific Plan Amendment 2016-01 and Tentative Tract Map 31920 Revision: A proposed errata to the East Lake Specific Plan Amendment #6 and a revision to Tentative Tract Map 31920 (APN 371-270-004) APPLICANT: Brian Milich, DMB Pacific Ventures Recommendation ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2016-01; AND, ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE REVISION TO TENTATIVE TRACT MAP NO. 31920. Background The ELSP was adopted by the City in 1993 and originally included 3,000 acres that would allow for a total of up to 9,000 residential units. There have been 10 subsequent amendments to the Specific Plan that were approved and adopted. Below is a list of each of the Specific Plan Amendments and a brief description of what each amendment accomplished: • SPA 1: Consolidated and reconfigured land uses within Phase I of a portion of the Recreation Village District, which included removing land from the Marina District. Land allocated to open space increased and the amount allocated to commercial and residential development decreased, thereby reducing the overall allowable dwelling unit count. Infrastructure improvement plans were also modified to accommodate the amended land uses. Page 1 • SPA 2: Redistributed land uses within Phase I of the Recreation Village District and the southern portion of the Marina District. This amendment increased the percentage of land allocated for wetland mitigation area and open space and reduced the total residential and mixed use acreages even further. Certain areas of SPA 2 in the Recreation Village District were superseded by SPA 6 or SPA 8. • SPA 3: Removed three parcels from the ELSP and changed their Land Use Designation from Specific Plan to Limited Industrial. • SPA 4: Removed one parcel from the ELSP and changed its Land Use Designation from Specific Plan to Limited Industrial. • SPA 5: Removed 77 acres from the Marina District of the ELSP for the "Waters Edge" project, a mixed use development of marina commercial and residential development. • SPA 6: Redistributed land uses and eliminated a portion of the circulation loop within Phase I of the Recreation Village District. The overall residential yield of the ELSP was reduced with SPA 6 from the original 9,000 units in the original adoption of the ELSP to 7,975 dwelling units. SPA 6 specifically permitted a total of 1,955 dwelling units within the Summerly Community. • SPA 7: Removed one parcel from the ELSP and changed its Land Use Designation from Specific Plan to Limited Industrial. • SPA 8, approved in December 2005: Redistributed the land use allocation and circulation roadways within the southeasterly portion of the Recreation Village District and further reduced the overall residential yield from 7,975 units to a maximum of 7,389 units. • SPA 9: Removed approximately 86 acres from the ELSP and place the majority of the acreage within a new specific plan, called the Diamond Specific Plan. The Land Use Designation for an additional ten acres that was in the northeast portion of the ELSP but not included in the Diamond Specific Plan was changed from Specific Plan to Commercial Mixed -Use. • SPA 10 modified PA 46 land use from recreational to RES -1 and clarified and modified the recreational amenities to be provided. In addition SPA 10 increased the total number of dwelling units in the Summerly Community to 1,979 from 1955. The Planning Commission at its April 5, 2016, regular meeting 3-1 to recommend approval of Specific Plan Amendment 2016-01 and the revision to Tentative Map 31920. Commissioner Ray expressed concern with the increase number and the size of the lots proposed as he felt that they were inconsistent with the stated intent of the ESLP Amendment #6 to have larger lots. Discussion Project Request The applicant is requesting approval of Specific Plan Amendment 2016-01 an errata to the ESLP Amendment #6, for the change in land use designation of lot 18 from RES -1 to RES -2, revision of the lot boundary between lots 18 and 19, and the modification of Page 2 development standards. The requested revision to Tentative Tract Map 31920 proposes to subdivide lot 18 into 95 buildable lots. Project Location Specific Plan Amendment 2016-01 covers the total area of the Summerly Community, which is located in the East Lake Specific Plan area. Lot 18 is located south of the intersection of Summerly Place and Diamond Drive and is bounded by Summerly Place and Diamond Drive. Lot 18 is more specifically referred to as Assessor Parcel Number 371-270-004. Environmental Setting Project Description SPA 2016-01 Specific Plan Amendment 2016-01 is an errata to the East Lake Specific Plan Amendment #6 (ESLP #6) and would amend the land use designation of lot 18 from RES - 1 to RES -2, revises the lot boundary between lots 18 and 19, and establish specific development standards of the RES -2 designation for lot 18. The proposed errata would only be applicable to Lot 18 and any future revision of land use designations would require the submittal of a Specific Plan Amendment and a specific analysis of the proposed revisions. Land Use Change on Lot 18 The proposed errata to ESLP #6 would change the land use designation of lot 18 from RES -1 to RES -2. RES -1 has a density of six (6) dwelling units per acre and RES -2 has a density of 14 dwelling units per acre. ESLP originally established 1,955 residential lots within the Summerly Community, this was increased to 1,979 residential lots as part of SPA 10. Through the actual development of the Summerly Community, the total number of residential lots either subdivided or included in a phase of a TTM 31920 is 1,500. The proposed change in the land use of lot 18 would permit a total of 182 residential lots, however the actual mapping of the units has limited the site to a total of 95 residential lots. The additional 95 residential lots when added to the previously subdivided or mapped residential lots within the Summerly Community, creates a total of 1,595 residential lots, consistent with the total number of residential lots approved as part of ESLP #6 and SPA 10. With the proposed changes the project maintains a density of 5.1 dwelling units per acre. Page 3 EXISTING LAND USE ZONING GENERAL PLAN' Pro ect Site Vacant RES -1 ESLP Specific Plan North Vacant Land/Rec Center REC ESLP Specific Plan South Vacant RES -1 ESLP Specific _ Plan East Vacant RES -1 ESLP Specific Plan West Vacant RES -1 ESLP Specific Plan Project Description SPA 2016-01 Specific Plan Amendment 2016-01 is an errata to the East Lake Specific Plan Amendment #6 (ESLP #6) and would amend the land use designation of lot 18 from RES - 1 to RES -2, revises the lot boundary between lots 18 and 19, and establish specific development standards of the RES -2 designation for lot 18. The proposed errata would only be applicable to Lot 18 and any future revision of land use designations would require the submittal of a Specific Plan Amendment and a specific analysis of the proposed revisions. Land Use Change on Lot 18 The proposed errata to ESLP #6 would change the land use designation of lot 18 from RES -1 to RES -2. RES -1 has a density of six (6) dwelling units per acre and RES -2 has a density of 14 dwelling units per acre. ESLP originally established 1,955 residential lots within the Summerly Community, this was increased to 1,979 residential lots as part of SPA 10. Through the actual development of the Summerly Community, the total number of residential lots either subdivided or included in a phase of a TTM 31920 is 1,500. The proposed change in the land use of lot 18 would permit a total of 182 residential lots, however the actual mapping of the units has limited the site to a total of 95 residential lots. The additional 95 residential lots when added to the previously subdivided or mapped residential lots within the Summerly Community, creates a total of 1,595 residential lots, consistent with the total number of residential lots approved as part of ESLP #6 and SPA 10. With the proposed changes the project maintains a density of 5.1 dwelling units per acre. Page 3 Boundary Revision between Lots 18 & 19 ESLP #6 identified an approximately four (4) acre recreational center. As part of SPA 10, the location of the recreational center was moved to its current location and size. The intent with the move was to provide a more centralized recreational facility to the community. As currently subdivided Lot 18 is 12.90 acres and Lot 19 is 4.77 acres. The proposed boundary revision would reduce Lot 19 and increase Lot 18 by .84 acres. The revised size of Lot 18 would be 13.73 acres and Lot 19 would be 3.77 acres. Development Standards Revisions ESLP #6 does not contain all the sections of the original East Lake Specific Plan (ESLP), only those sections amended or added to the previously approved 1993 document. The ESLP #6 does not include any development standards for the RES -2 designation and as a result, the development standards included in the original ESLP would govern any parcels with the RES -2 designation. The proposed errata limits permitted uses for the RES -2 designation in the Summerly Community to detached single family homes. The original ESLP for detached single family dwelling units in the RES -2 designation have a minimum lot size of 3,500 square feet, a minimum lot width of 35'-0", and all other development standards reverting to the RES -1 designation. The proposed errata does include deviation from the original RES -2 designation as follows: Standard ESLP ' Proposed Minimum lot size 3,500 SF 3,525 SF Minimum lot width at building setback 35'-0" 47'-0" Since the ESLP #6 supersedes those areas of the original ESLP specifically referenced, the development standards of the RES -1 that are specified in the ESLP #6 would be applicable to the RES -2 designation. Where the errata is silent, than either the ESLP or the ESLP #6 would assert the applicable development standards. The errata clarifies the RES -1 development standards and proposes several revisions applicable to the RES -2 designation as follows: Standard ESLP Front setback to habitable portion of building15'-0" Rear setback to habitable portion of building15'-0" Side setback (zero lot line plotting, not currently addressed)* 5-0" Istructures Zero lot line plotting will require a minimum separation of 10'-0" between and the recordation of a reciprocal access easement recorded for the purposes of maintenance. Tentative Tract Map No. 31920 Revision Page 4 The proposed revision to TTM 31920 includes the subdivision of lot 18 into 95 lots. The proposed subdivided lots range in size from 7,257 SF to 3,525 SF, with an average size of 4,159 SF. The proposed subdivision has a density of 10.48 dwelling units per acre. TTM 31920 originally subdivided Summerly Community into 1,481 residential lots, however with actual subdivided lots and those included in future phases of TTM 31920, the actual total of subdivided lots is currently 1,500. The proposed addition of 95 residential lots, the total number of residential lots would increase to 1,595, still under the approved number residential lots within the Summerly Community. The proposed street design is consistent with approved tract map's local street section with two travel lanes, parking and sidewalks on both sides of the street. Analysis Lot 18 was originally identified as RES -1 and had an overlay designation of a school site. The City has been provided documentation that the School District has abandoned the site in its future planning for a school, therefore reverting the land use designation back to its original RES -1 designation. The proposed land use designation change of Lot 18 from RES -1 to RES -2 results in an increase in density of development, however it is not in excess of the total number of dwelling units in the ESLP #6 and subsequently expanded in SPA 10. Furthermore the density of development of 5.1 dwelling units per acre is under the 6 dwelling units per acre permitted in the base RES -1 designation and addressed in the ESLP original planning. The proposed boundary adjustment reduces the size of the recreational facility, however it is still consistent with the ESLP #6. Those amenities identified in the ESLP and ESLP #6 can still be accommodated on the reduced lot. The proposed revisions to development standards helps to clarify existing standards for RES -2 and create a functional small lot single family dwelling unit configuration. With the increase in density and the revisions to the development standards to reduce setbacks, the setbacks to garages and the restricted local street design have not been modified. This creates a development plan which preserves off street parking in driveways and on street parking, which does not adversely impact traffic. The modified standards of RES -2 would be limited to Lot 18 and any future modification to the land use designation of any undeveloped are of the Summerly Community would be required to amend the Specific Plan, which would analyzed for any potential impacts or incompatibilities with the surrounding residential community. The revision to TTM 31920 does not increase the total number of residential lots beyond what has been approved for the Summerly Community. The configuration of the revised area of 31920 is consistent with the provisions of the ESLP, ESLP #6, and the proposed errata. Any future revision of TTM 31920 would be subject to review and approval by the Planning Commission and City Council and would be subject to a corollary Specific Plan Amendment to modify the land use designation. The proposed revisions do not change the underlying residential land use and do not create additional densities of development. Furthermore the open space dedication, while reduced in size, is still consistent with the requirements of the General Plan. Therefore the project is found to be consistent with the Page 5 General Plan. The proposed revision to the proposed project has been reviewed by members of the Building, Engineering, Finance, and Fire divisions which have incorporated adequate conditions of approval to mitigate any potential future impacts. In order to limit the maximum number of residential lots a Condition of Approval has been added, which specifies that a total of 1,979 dwelling units are allowed, consistent with previous approvals. The proposed project creates a new lot configuration which will help to create a more diversified Summerly Development, while not adversely the infrastructure or the existing residential character developed within the community. Environmental Determination CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental document is necessary. Section 15162 states that when an environmental document has already been adopted for a project, no subsequent environmental document is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. The proposed project is within the Amendment No. 6 of the East Lake Specific Plan area, which has previously been determined to be consistent with requirements of MSHCP. A Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated environmental impacts that would resultfrom maximum build -out of the Specific Plan, The Project does not present changes or new information regarding the potential environmental impacts of development. No additional CEQA documentation is necessary. Staff has determined that the proposed project is covered by the SEIR associated with Amendment Six of the ELSP, which was certified with the City Council's adoption of Resolution No. 2004-50. The proposed project is consistent with the City of Lake Elsinore Municipal Code and does not conflict with the findings and discussions Fiscal Impact The time and costs related to processing this extension of time request have been borne by the Developer Deposit paid by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Prepared by: Justin Kirk, Principal Planner Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Exhibits: A. SPA 2016-01 Resolution B. TTM 31920 Revision Resolution C. Conditions of Approval D. School District Letters E. Vicinity Map F. Aerial Map G. ESLP #6 Errata H. TTM 31920 Revision RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2016-01 WHEREAS, Brian Milich, DMB Pacific, has filed an application with the City of Lake Elsinore requesting approval of Specific Plan Amendment No. 2016-01 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of specific plans and any amendments thereto; and WHEREAS, on April 5, 2016, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and made its recommendation in favor of the Specific Plan Amendment 2016-01 by adopting Planning Commission Resolution No. 2016-31 recommending to the City Council approval of Specific Plan Amendment 2016-01, and, WHEREAS, on April 26, 2016, at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a decision, the City Council has reviewed and analyzed Specific Plan Amendment No. 2016-01, pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) and Chapter 17.204 of the Lake Elsinore Municipal Code ("LEMC"). SECTION 2. That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Specific Plan No. 2016-01: The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. Specific Plan No. 2016-01 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et sea. of the California Government Code and Section 17.204 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan Amendment complies with the objectives of the General Plan and the purpose of the planning district in which the site is located. CITY COUNCIL RESOLUTION NO. 2016-_ PAGE 2 OF 5 1. The proposed location shall allow the development to be well -integrated with or adequately buffered from its surroundings, whichever may be the case. The proposed project creates a complimentary residential product, which features smaller lots. Further, the proposed development maintains the roadway configuration and right improvements as found in other areas of the Summerly Community. In addition, the amendment also proposes to allow the Design Review Process to be considered and action be taken by the City Planning Commission, with an available appeal process to the City Council, 2. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The width and type of pavement needed to carry the type and quantity of traffic generated that will result from implementation of Specific Plan Amendment No. 2016-01, has been reviewed and accounted for. The City has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 3. The Specific Plan Amendment shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by the Municipal Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. Specific Plan No. 2016-01 identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. The East Lake Specific Plan and subsequent amendments identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. 4. The overall design of Specific Plan Amendment No. 2016-01, will produce an attractive, efficient and stable development. Specific Plan Amendment No. 2016-01 has been designed in consideration of the size and shape of the property, thereby, strengthening and enhancing the immediate areas. The Project will complement the quality of neighboring existing and future uses by creating visually -pleasing development. CITY COUNCIL RESOLUTION NO. 2016 - PAGE 3 OF 5 Specific Plan Amendment No. 2016-01 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the Project or within the City, nor will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the project and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 5. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. Environmental clearance and analysis for the proposed application is provided by a Supplemental Environmental Impact Report (SEIR) which was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan, The Project does not present changes or new information regarding the potential environmental impacts of development. No further environmental clearance is necessary. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Specific Plan Amendment No. 2016-01. SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 26th day of April, 2016. Brian Tisdale, Mayor City Council of the City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2016-_ PAGE 4 OF 5 ATTEST: Susan M. Uomen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2016 - PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of April, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING OF A REVISION TO TENTATIVE TRACT MAP NO. 31920 WHEREAS, Brian Milich, DMB Pacific Ventures, has filed an application with the City of Lake Elsinore requesting approval of a modification to Tentative Tract Map No. 31920 for a project site located within the East Lake Specific Plan (the "Project"); and, WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for revisions to Tentative Tract Maps; and, WHEREAS, on April 5, 2016, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and made its recommendation in favor of the Revision to Tentative Tract Map No. 31920 by adopting Planning Commission Resolution No. 2016-32 recommending to the City Council approval of the Revision to Tentative Tract Map No. 31920, and, WHEREAS, on April 26, 2016, at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1. Prior to making a decision, the City Council has reviewed and analyzed the Revision to Tract Map No. 31920 pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code ("LEMC). SECTION 2. The City Council hereby finds and determines that the Revision to Tentative Tract Map No. 31920 is subject to the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines"). Specifically, the City Council finds that the Project Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan. The Project does not present changes or new information regarding the potential environmental impacts of development. No additional CEQA documentation is necessary. SECTION 3. That in accordance with the Subdivision Map Act (Government Code Section 66410 et seq) and the Lake Elsinore Municipal Code, the City Council makes the following findings for approval of the Revision to Tentative Tract Map No. 31920: CITY COUNCIL RESOLUTION NO. 2016-_ PAGE 2OF4 The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The General Plan designates the site for a mixed land use Specific Plan. Consistent with that designation, the revised Tract Map can accommodate future residential land uses. The Tract Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, the East Lake Specific Plan and Subdivision Map Act. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The modified Tract Map is consistent with the land use plan, development and design standards, and programs, and all other appropriate requirements contained in the General Plan. The modified Tentative Tract Map No. 31920 is consistent with the residential land uses within the specific plan and applicable development and design standards. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. Furthermore environmental clearance and analysis for the proposed application is provided by a Supplemental Environmental Impact Report (SEIR) which was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan. The Project does not present changes or new information regarding the potential environmental impacts of development. No further environmental clearance is necessary. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves the Revision to Tentative Tract Map No. 31920. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2016-_ PAGE 3 OF 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 26th day of April, 2016. Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2016 - PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of May, 2015 by the following vote: AYES: NOES: ABSENT: Susan M. Domen, MMC, City Clerk CONDITIONS OF APPROVAL RESOLUTIONS: PROJECT: PROJECT NAME: PROJECT LOCATION: APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: GENERAL SPA 2016-01 & TTM 31920 Modification ESLP #6 Errata 1. The proposed project consists of a request by DMB Pacific Ventures for the approval of an errata to the East Lake Specific Plan Amendment #6 to change the land use designation of parcel 18 of TTM 31920 to RES -2 from RES -1, modifications to development standards for the RES -2 designation, and a modification to Tentative Tract Map 31920 to subdivide lot 18 into 95 residential lots. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the proposed project projects attached hereto or any of the proceedings, acts or determinations made in connection therewith. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 4. This project shall comply with the applicable Conditions of Approval of Tentative Tract Map No. 31920; ; provided, however, that the applicant shall additionally comply with all applicable laws, including current requirements of the LEMC for that portion of the project, if any, that is not within the vested rights provisions of the First Amended and Restated Development Agreement by and between applicant's predecessor Laing -CP Lake Elsinore LLC and the City of Lake Elsinore dated as of August 24, 2004. Conditions of Approval SPA 2016-01 TTM 31920 Page 2 of 3 Planning Commission April, 5 2016 City Council April 26, 2016 5. The total number dwelling units shall not exceed 1,979, any increase in the total number of dwelling units will be subject to future review and approval via a Specific Plan Amendment. PLANNING DIVISION 6. All lots shall comply with minimum standards contained in ELSP as amended and if applicable, standards of the LEMC that are not specified in the ELSP. 7. The developer shall comply with any application Mitigation Measures from the Mitigation Monitoring Program (MMP) that was adopted as part of the previously certified SEIR, associated with the East Lake Specific Plan Amendment No. 6 (SCH # 2003071050). 8. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. 9. Applicant shall pay all applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to the issuance of building permits. 10. Applicant shall meet all requirements of the providing electric utility company. 11. Applicant shall meet all requirements of the providing gas utility company. 12. Applicant shall meet all requirements of the providing telephone utility company. ENGINEERING DIVISION 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 15. Prior to the issuance of any building permits, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 16. Prior to the issuance of a building permit for production lots, a final map shall be approved and recorded. FIRE CONDITIONS Conditions of Approval SPA 2016-01 TTM 31920 Page 3 of 3 Planning Commission April, 5 2016 City Council April 26, 2016 17. This project shall comply with the applicable Conditions of Approval of Tentative Tract Map No. 31920, a copy of which is attached. snore g¢ Lake Elsinore oaoal Diyt, Unified School District Governing Board Heidi Matthias Dodd President Juan 1. Saucedo Clerk Stan Crippen Member su_an E. Scott Member Tom'Ihpmds Member Administration Dr. Mug Kimoedy Superintendent orge Landon y Superintendent .,nistratlue.& FisCPI SupportServices Dr. Gregory I. Bowers Assistant Superintendent Facilities & Operations Dr, Alain Guevara Assistant Superintendent Instructional Support Services Kip Meyer Assistant Superintendent Personnel Support Services Sam weasel Executive Director Personnel Support services (951)253-]000 545 Chaney Street take Elsinore, CA 92590 www.1msd.k12.ca.us October 21, 2014 Dear Homeowner; The Lake Elsinore Unified School District and McMillin Group have mutually agreed not to move forward with building an elementary school within the Summerly residential development. Both parties are still committed to providing students from the Sununerly development a rich and successful educational experience whilemecting a variety of needs within the community. During the early to mid 2000s, the District worked with John Laing Homes (predecessor to the McMillin Group) on purchasing a site to build an elementary school within the development. To date, the purchase and sale was never finalized. At that time, the District experienced an average 3% to 4% annual growth rate, supporting the need for a new school. Actual growth in and around the community has not materialized to support the need for an elementary school. In particular, at build out, the Surnmerly development will not support the population required for an elementary school. The estimated 400-500 students K -12i1' grade that an elementary school in Summerly would generate does not justify the use of economic, human, or material resources, when the students' educational needs can be met within the current capacity of the District. The District is currently in the process of' liquidating two school sites based, in part, on excess capacity. At this time, the District does not have the economic resources to purchase land to build an elementary school. Your community facilities district dollars will help our current schools provide for the needs of students in the 21" Century, through technology, new classrooms, and meeting the college and career skills needed for students in current schools. Residents of Sununerly are currently served by Raihoad Canyon Elementary School. The future plans would include elementary students being served at William Collier Elementary School. William Collier Elementary is projected to transition from a K-5 school into a K-6 school over the next few years. The middle year 7°i and 8`I' grade students will remain at David A Brown Middle School. High school age students will remain as currently served at Elsinore 1 -Ii -Ii School If your student is currently enrolled in an LEUSD school, they may continue at that school and will not be affected. The Lake Elsinore Unified School District is proud to serve with award winning schools, and programs featuring outstanding teachers. LEUSD is committed to continue to serve the educational needs of all students within the Lake Elsinore Valley. Thank you for your partnership and understanding, Sincerely, Dr. Doug Kimberly District Superintendent Lake Elsinore Unified School District cc: Governing Board Governing Board Doll) Mattbles Docd president Juan 1. Snuce"o Clerk Stan Crippen Member Suklil E. Stott Member I ,r Thomas Memhcr Administration Dr. Duu9 Kimberly Superintendont Dr. George Landon Depot, Superintendent 'mistrnwe & Support services Dr. Gragmy.3. Bowers A6sis1ant Superintendent racilities & Oper.6onv Dr. Nam Guevara Assistant Superintendent Instmttional Support Services Kip Moyer AssistaiA Superintendent persunnel Support Services Sam Weasel [xerutive Dire[tar personnel Support Services (951)253-7000 595 araneY Stmct Lake ElSnore. CA 92530 111.1eusd.kl2.0.111 Lake i t 3pp t(i stri e Unified District 1 E _€'' ; oo October 1, 2014 Mr. Brian Milich, Senior Vice President The Corley McMillin Group Companies 2750 Womble Road, Suite 200 San Diego, CA 92106 Dear Mn Milich, Tile purpose of this correspondence into acknowledge that the McMillin Group and district have mutually agreed that an elementary school is no longer needed within the Summerly development. Background Daring the early to niid 2000s, the district worked williJohn Laing Homes (predecessor to the McMillin Group) on a mitigation and property purchase sales agreement to build an elementary school within the development. At that time, the district experienced an ave age .7%, to 4% annual growth rate, supporting the need for a new school. From 2007 through 2014, the district experienced declining enrollment four out of seven years. The downturn in the economy created excess school capacity. The district's current prOOCtions from 2015 through 2020 show little to no enrollment growth during this period. Subsequent to the expiration of the John Laing Homes agreement, the district entered into a successor agreement with McMillin Group, the current owner and master developer ol'Suuunerly, In collaboration with the McMillin Group, a. reassessment ofthe need for a school within the Sunnuerly project was initiated. Based on our conclusions, the previous plan liar a new school at Summerly can no longer be supported, due to the following conditions: 6 The hones scheduled to be built in the Summerly subdivision and surrounding neighborhoods will not generate enough students to support a new elenientary school. 0 The students coiling from the development can easily be absorbed within the existing capacity of schools in close proximity to Sunnrrcrly. As part of the facilities long-term planning process, our focus will be on maximizing capacity use at existing school sites. The district has a fiduciary responsibility in relation to financing new facilities, For the reasons above, the district and the McMillin Group, mutually agree not to execute the successor purchase and sales agreement. Tire district wants to acknowledge and thank the McMillin Group for their collaborative partnership while working through this determination. Please 'feel free to contact me if you have any questions regarding these conclusions. Sincerely, J j Dr. Greg ry J. Bowers, Assistant Superintendent Facilities & Operations Division Cc: Governing Board, LEUSD Dr. Doug Kimberly, Superintendent SPECIFIC PLAN AMENDMENT 2016 -01 AND TENTATIVE TRACT MAP 31920 MODIFICATION CITY OF LA1�E LSIN0YO _E %��? DREAM BXlIl Ii MIi SPECIFIC PLAN AMENDMENT 2016 -01 AND TENTATIVE TRACT MAP 31920 MODIFICATION CITY Of i LAKEoLSii iZE 1 DREAM EXMI'ME East Lake Specific Plan Amendment No.6 Erratum Prepared for: McMillin Summerly LLC c/o DMB Pacific Ventures 4343 Von Karman Avenue, 3rd Floor Newport Beach, CA 92660 Contact: Brian Milich Office: 949.955.0984 Cell: 619.318.6285 bmilich@dmbpv.com Prepared by: VCS Environmental 30900 Rancho Viejo Road, Suite 100 San Juan Capistrano, CA 92675 Contact: Peter Carlson Office: 949.489.2700 Cell: 949.289.3625 pcarlson@vcsenvironmental.com January 2016 This page intentionally left blank. Summerly Specific Plan Amendment 6 Erratum TABLE OF CONTENTS Section1.0 Preface..................................................................................................................................1 Section2.0 Introduction..........................................................................................................................1 Background...........................................................................................................................................1 Section 3.0 Project Description................................................................................................................7 Section4.0 The Plan...............................................................................................................................12 A. Land Use Districts...............................................................................................................................12 B. Land Use Plan......................................................................................................................................12 C. General Plan Consistency....................................................................................................................12 D. Circulation Plan...................................................................................................................................14 E. Utilities and Services...........................................................................................................................14 F. Public Services.....................................................................................................................................14 G. Grading Plan.......................................................................................................................................14 H. Open Space Plan.................................................................................................................................14 I. Project Phasing.....................................................................................................................................15 J. Design Guidelines................................................................................................................................15 Landscape...........................................................................................................................................15 K. Development Standards.....................................................................................................................16 Residential Development Regulations.. .............................................................................................. 16 L. Implementation...................................................................................................................................18 M. Administration of the Specific Plan...................................................................................................18 Summerly i January 2016 Specific Plan Amendment 6 Erratum FIGURES 1. Project Location 2. Project Area 3. TTM 31920 4. TTM 31920/SPA-10 — Revision 2 5. TTM 31920 — Revision 3 6. SPA -10 Land Use Designations 7. Revised Land Use S. Residential Setback Requirements APPENDICES 1. The City of Lake Elsinore Municipal Code, Chapter 19.08 2. The Elsinore Valley Municipal Water District (EVMWD), Resolution No. 15-05-05 Summerly ii January 2016 Specific Plan Amendment 6 Erratum SECTION 1.0 PREFACE This document, referred to as SPA -6 Erratum, is an amendment to Specific Plan Amendment 6 (SPA -6) specifically and exclusively pertaining to Parcel 18 of Tentative Tract Map (TTM) 31920. The purpose of this Specific Plan Amendment is to 1) change the land use designation on Parcel 18 from RES -1 to RES -2; and 2) change the acreage split between residential on Parcel 18 and park/recreation on Parcel 19. All provisions from SPA -6 and SPA -10 remain the same unless explicitly stated otherwise in this Erratum. SECTION 2.0 INTRODUCTION Background Encompassing 3,000 acres of the eastern banks of Lake Elsinore, the East Lake Specific Plan (ELSP) provided up to 9,000 dwelling units (du) and a combination of commercial, recreational and open space uses. The Specific Plan adopted in 1993 was subsequently amended by a series of Specific Plan Amendments (SPA), one of which being SPA -6, to which this is the Erratum. SPA -6 to the ELSP redistributed land uses and established guidelines for the development known as Summerly, consisting of 706.7 acres and 1,955 dwelling units. SPA -6 identifies a planned community development concept of classic design, employing enhanced public street design and alignment, contemporary architecture, and amenities consistent with planned community standards. This development concept is comprised of single family detached residential development at densities up to 6.0 dus per acre, conforming to the overall character of the City of Lake Elsinore. Residential development is integrated with a variety of open space and recreational amenities with a golf course and club house. Expanded landscaped parkway streets and recreational amenities maintained by Home Owner Associations ensure the community will be maintained at a high standard. Source: Google Maps Figure 1. Project Location Summerly 1 January 2016 Plan Amendment 6 Erratum Figure 2. Project Area Non-residential uses in this area include public parks, a privately owned public -use 18 -hole regulation - length golf course and club house, driving range, maintenance facilities, parking facilities (including stadium overflow parking), parks, open space flood storage, multi-purpose trails and open space buffers. In July of 2004 SPA -6, also known as Summerly, was approved to build the following: Table 1. Dwelling Unit Summary '.Land Use Description SPA -6 Dwelling Units Average Density' Residential 1 Up to 6 du/ac 1,955 6.0 Residential 2 Up to 14 du/ac 0 Residential 3 Up to 22 du/ac 0 Residential 4 Up to 30 du/ac 0 Club House 0 Golf Course 18 -hole Regulation 0 Mixed -Use 0 TOTAL 1,955 6.0 SPA -6 approved development of 326.3 acres of residential lands, a maximum of 1,955 dwelling units (du), a density of 6.0 dwelling units per acre, and greater emphasis on conventional single family residential development as shown in Table 2. Summerly 2 January 2016 Specific Plan Amendment 6 Erratum Table 2. SPA -6 Land Use Summary Land Use: SPA 6 (acres) Residential Residential 313.3 Residential 1/School Site 13 Residential 2 0 Residential 3 & 4 0 Subtotal 326.3 Commercial General 11.7 Commercial Mixed use 0 Special Alt. Use 0 Subtotal 11.7 Open Space Open Space/Parks 329 Golf Course Multi -use park Neighborhood Parks (4) San Jacinto River Corridor Open Space Buffer Roads Roads 39.7 TOTAL 706.7 The first subdivision map for Summerly, TTM 31920 (Figure 3), created both large lots, referred to as "A" Map Parcels for financing and conveyance purposes, and individual building lots, referred to as "B" Map lots. The total number of building lots created was 1,483 lots for single family detached dwellings. Parcel 18 was left as an "A" Map parcel to be mapped with individual "B" Map lots in the future. In March 2013, a revision to TTM 31920 (Figure 4) was approved by the City of Lake Elsinore to map individual building lots on Parcel 27. Parcel 27, approximately 4 acres in size, was originally designated Open Space and programmed for a recreation facility. SPA -10 changed the designation of Parcel 27 to RES -1 and moved the location of the approximately 4 -acre recreation facility to Parcel 19 to be more central within the Summerly community. The change from Open Space to RES -1 (6.0 du/acre max) allowed for an additional 24 lots, which raised the total number of permitted dwelling units within Summerly to 1,979, however this change remained consistent with the overall permitted number of dwelling units (7,975) within the East Lake Specific Plan. Of the 24 lots approved by SPA -10, the revision to TTM 31920, mapped 17 lots, bringing the total number of mapped residential lots within Summery to 1,500. Summerly 3 January 2016 Plan Amendment 6 Erratum Table 3. SPA -10 Revised Land Use Summary ..............___ Land Use SPA -6 (acres) SPA -10 (acres) Residential Residential 313.3 317.3 Residential 1/School Site 13 13 Residential 0 0 Residential 3 & 4 0 0 Subtotal 326.3 330.3 Commercial General 11.7 11.7 Commercial Mixed use 0 0 Special Alt. Use 0 0 Subtotal 11.7 11.7 Open Space Open Space/Parks 329 8.7 Golf Course 176.2 Multi -use park 8.9 Neighborhood Parks (4) 33.0 San Jacinto River Corridor 2.4 Open Space 25.0 Buffer 70.8 Subtotal 329 325 Roads Roads 39.7 39.7 TOTAL 706.7 706.7 Revision 3 to TTM 31920, which is the subject of this SPA -6 Erratum, changes the land use designation on Parcel 18 (Figure 5) to RES -2 and adjusts the acreage split between residential (Parcel 18) and recreation (Parcel 19). Summerly 4 January 2016 Figure 3. TTM 31920 PhIDGF't. `Z9 Plan Amendment 6 Erratum SO CU14 ('PUj ;4, N u,ai ! I z `rntcr.L ct ,� PM.St✓_: �,ti_� N1R4E4 papex w l -i E AJ Rte 4 - tt, l ww>.: FARCE, 0, Plan Amendment 6 Erratum SO CU14 ('PUj �Jrwwwaw ;Y,kw�kp U6�'!M:Xk�ry,� '�° � IR''f { f u,ai ! ttg G a `rntcr.L ct ,� PM.St✓_: �,ti_� N1R4E4 l -i E AJ Rte 4 tt, l ww>.: �Jrwwwaw ;Y,kw�kp U6�'!M:Xk�ry,� '�° � IR''f { FkR t a p u,ai `rntcr.L * , Y P .CLI, l -i E AJ Rte 4 to FARCE, 0, got '. x /A t�';h Px) 'Y7.ur1 to 17M 31920 has been graphically altered to depict Project Site location. Summerly 5 January 2016 Plan Amendment 6 Erratum * TTM 31920 has been graphically altered to depict Parcel 27. Summerly 6 January 2016 Specific Plan Amendment 6 Erratum * TTM 31920 has been graphically altered to depict Project Site location. SECTION 3.0 PROJECT DESCRIPTION At the center of the 330.3 -acre Summerly residential development lies Parcels 18 and 19, the subject of this SPA -6 Erratum. This Erratum is exclusively an amendment to the SPA -6 pertaining to Parcel 18 and Parcel 19 of TTM 31920. The project site was originally designated RES -1, with a proposed school overlay (Figure 6). As stated within Section III -6 of SPA -6, "...of the plan designated for residential development also includes a 13 -acre site proposed for an elementary school in the center of the development area. It is ultimately up to the school district to determine if this site is one they want to acquire for future school development. If they do not elect to acquire this site it will be developed at a residential density consistent with the underlying RES -1 land use designation." The school district determined that the proposed school was not necessary, therefore reverting the land use on the project site to residential. Summerly 7 January 2016 Plan Amendment 6 Erratum Instead of reverting to RES -1, this Erratum re -designates the Project Site (Parcel 18 of TTM 31920) from RES -1 to RES -2 to accommodate smaller lot single family detached homes. In addition to changing the land use designation from RES -1 to RES -2 on Parcel 18, this SPA -6 Erratum also revises the acreage split between residential on Parcel 18 and recreation on Parcel 19. SPA -10 moved the approximately 4.0 acre recreation site from Parcel 27 to Parcel 19 to be more central to the community. With this SPA -6 Erratum, Parcel 19, which originally measured 4.77 acres (per the recorded Final Tract Map 31920-1), now measures 3.93 acres in order to provide an approximately 4 acre recreation facility. Parcel 18, which measured 12.90 acres (per the recorded Final Tract Map 31920-1), becomes 13.73 acres with SPA -6 Erratum. The following Table 4 provides a summary comparison between SPA -6, SPA -10 and SPA -6 Erratum of acreage for each land use designation. Summerly 8 January 2016 Plan Amendment 6 Erratum Figure 6. SPA -10 Land Use Designations Summerly 9 January 2016 Specific Plan Amendment 6 Erratum Table 4. Land Use Comparison Residential Residential 313.3 317.3 317.3 Residential 1/School Site 13 13 0 Residential 0 0 13.7 Open Space Residential 3& 4 0 0 0 Golf Course Subtotal 326.3 330.3 331.0 Commercial General 11.7 11.7 11.7 Summerly 10 January 2016 Mixed use 0 0 0 Special Alt. Use 0 0 0 Subtotal 11.7 11.7 11.7 Open Space Open Space/Parks 329 8.7 8.7 Golf Course 176.2 176.8 Multi -use park 8.9 7.1 Neighborhood Parks (4) 33.0 33.0 San Jacinto River Corridor 2.4 2.9 Open Space 25.0 25.0 Buffer 70.8 70.8 Subtotal 329 325 324.3 Roads Roads 39.7 39.7 39.7 TOTAL 706.7 - 706.7 706.7 Summerly 10 January 2016 Specific Plan Amendment 6 Erratum SPA -6 originally permitted 1,955 dwelling units, of which 1,483 were mapped. SPA -10 permitted 24 additional units raising the total number of permitted dwelling units to 1,979, of which 17 were mapped raising the total number of mapped lots to 1,500, as shown in Table S. This SPA -6 Erratum changes the maximum number of dwelling units permitted on Parcel 18 from 78 (at 6 du/ac authorized by RES -1) to 182 (14 du/ac authorized by RES -2). Since 1,500 lots have been previously mapped, 479 dwelling units remain under the cap of 1,979 established by SPA -10. Therefore, the change in land use associated with SPA -6 Erratum remains under the dwelling unit cap. Furthermore, the total number of mapped lots (1,500) plus the additional permitted lots (182) equals 1,682 dwelling units, which maintains an overall density of 5.1 dwelling units per acre over 331 acres, also consistent with the maximum overall density of 6 dwelling units per acre. Any future changes to previously mapped lots would be subject to a similar review to ensure compliance with the maximum number of dwelling units. Table 5. Comparison of Permitted Number of Dwelling Units Land Use Category SPA -6 SPA-10 SPA-6 Erratum Acres Units Acres Units Acres Units Residential Max 326.3 1,955 326.3 1,979 317.3 1,979 Residential Mapped 326.3 1,483 - 1,500 - - Change in Land Use & Permitted DUs - - 4 24 13 182 Actual Residential Total 326.3 1,483 330.3 1,500 330.3 1,682 *Project Site in SPA -10 is a 4 acre lot. The Project Site in SPA -6 Erratum is an approximately 13 -acre lot. Summerly 11 January 2016 Plan Amendment 6 Erratum SECTION 4.0 THE PLAN A. Land Use Districts The SPA -6 Erratum modifies the land use district designation for the Project Site. The Lake Elsinore School District determined that the 13 -acre residential site with a school overlay was unnecessary. While maintaining the residential use of the area, the SPA -6 Erratum modifies the land use designation from RES -1 to RES -2 as shown in Figure 7. B. Land Use Plan SPA -6 originally approved construction of 1,955 dwelling units and SPA -10 increased the approved number of dwelling units to 1,979 dwelling units. Upon the school district's decision to relinquish the school overlay on the Project Site (Parcel 18 of TTM 31920), the Project Site reverted to a residential land use designation. This SPA -6 Erratum includes the change from RES -1 to RES -2 to permit up to 182 dwelling units on Parcel 18. The residential areas within SPA -6 and SPA -10 have all been subdivided, with exception of the Project Site, with a total of 1,500 lots. The change in land use on the Project Site added to the number of previously mapped lots remains below the approved 1,979 dwelling units. C. General Plan Consistency The current General Plan designation for the Project Site is Specific Plan. The change in land use designation as part of this SPA -6 Erratum from RES -1 to RES -2 does not change the underlying residential designation, which is consistent with the City of Lake Elsinore General Plan. Furthermore, the change in acreage between Parcel 18 and Parcel 19 maintains the approximately 4 acre recreation facility approved through SPA -10 and remains consistent with park dedication requirements. Summerly 12 January 2016 Specific Plan Amendment 6 Erratum Figure 7. Revised Land Use Summerly 13 January 2016 Specific Plan Amendment 6 Erratum D. Circulation Plan This SPA -6 Erratum does not alter or modify any of the backbone circulation included in SPA -6. The backbone streets of Diamond Drive and Summerly Place remain as planned. The Project Site takes access from Summerly Place, which has sufficient capacity to accommodate development of Parcel 18. E. Utilities and Services This SPA -6 Erratum does not change any location of backbone utilities. Wet and dry utilities are already in place to serve other phases of Summerly previously built. The changes provided by SPA -6 Erratum would not change the location of the utility connections or cause a deficiency in the capacity of those utilities, including the pump station constructed for Summerly. F. Public Services This SPA -6 Erratum would not change the demand for public services. Public services are currently provided to serve the other phases of Summerly previously built. The change in land use designation to accommodate 182 dwelling units does not change the demand placed on public services compared to the prior designation of school. G. Grading Plan Grading of the project site was included as part of the approval of SPA -6. The change in land use designation from RES -1 with a school overlay to RES -2 results in minor changes to the precise grading of the residential lots. However, this change is in substantial conformance with TTM 31920 and SPA -6. H. Open Space Plan SPA -6 established a park dedication requirement of 5 acres per 1,000 residents and relied on 3.2 persons per household based on Census data at that time. Under this standard, the 1,979 residential lots provided in SPA -6 requires dedication of 31.7 acres of parkland. The changes outlined in this SPA -6 Erratum would not change the maximum number of permitted dwelling units nor the parkland dedication requirement. This SPA -6 Erratum adjusts the boundary between residential land use on Parcel 18 and recreation land use on Parcel 19. This change is reflected in the available qualifying parkland. Table 6 provides a summary of Open Space and Parkland from SPA -10. This table also provides the modification associated with SPA -6 Erratum. As shown in Table 6, SPA -10 provided 36.1 acres of qualifying parkland. The adjustments included in SPA -6 Erratum have reduced qualifying parkland to 34.1 acres. However, the 34.1 acres of qualifying parkland remains in excess of the 31.7 -acre parkland dedication requirement for the total 1,979 dwelling unit cap. Summerly 14 January 2016 Plan Amendment 6 Erratum Table 6. Open Space Acreage Summary (Amended Table 9 of SPA -6) Qualifying — Multi -Use Park (net of overflow parking) 21.5 21.5 Central Neighborhood Park and Recreation Facility 5.9 3.9 Linear Nature Trail 8.7 8.7 Subtotal 36.11 34.1 Non -Qualifying Neighborhood Focal Parks (3) 2.9 2.9 Golf Clubhouse 3.0 3.2 Golf Course/Driving Range 176.2 176.8 Subtotal 182.1 182.9 I. Project Phasing The total number of mapped residential lots (1,500) plus the 182 dwelling units approved by SPA -6 Erratum is within the 1,979 dwelling units as amended in SPA -10, phasing of residential neighborhoods is not materially affected and, consistent with SPA -10, may occur as dictated by market conditions. J. Design Guidelines This section of the SPA -6 Erratum outlines amendments to landscape guidelines, and serves as a guide for detailed planning of the community. All other provisions relating to design guidelines remain the same and conform to those of SPA -6 and therefore warrant no further discussion. Residential Architectural designs within the RES -2 land use designation shall generally conform to SPA -6 and the architectural styles included throughout Summerly so as to provide design consistency. However, more specifically, the architectural styles shall be modified to accommodate the specific housing types and sizes permitted within the RES -2 land use designation. Two story homes are permitted and there is no obligation to provide single story homes. Driveway depths shall be full size (18') and front yard setbacks reduced to 10 feet to encourage an articulated and varied streetscape. Landscape Since SPA -6 was adopted, the State of California has been in a state of drought. The Governor's Executive Order and the State Water Resources Control Board (SWRCB) require new mandates for water restrictions in California. The mandates necessitate the Elsinore Valley Municipal Water District (EVMWD) and its users to reduce water -use by 28 percent. As a result EVMWD, and subsequently the City of Lake Elsinore, have new guidelines and landscape practices to reflect these new regulatory guidelines. The new landscape standards will preserve the community design objectives of the East Lake Specific Plan to promote an environmentally sensitive open space/recreationally oriented community as Summerly 15 January 2016 Plan Amendment 6 Erratum envisioned in Section 6.2 of the East Lake Specific Plan. The following guiding documents currently govern the regulatory guidelines for landscape on the Project Site: 1. The City of Lake Elsinore Municipal Code Chapter 19.08: Water Efficient Landscape Requirements (Appendix 1) 2. The Elsinore Valley Municipal Water District (EVMWD) Resolution No. 15-05-05: A Resolution of the Board of Directors of EVMWD to Propose Water Efficient Landscape Standards for Adoption by Local Agencies (Appendix 2) As a result of the regulatory changes pertaining to landscaping and irrigation, this SPA -6 Erratum incorporates reference to the updated landscape design guidelines required by the City of Lake Elsinore and EVMWD. The landscaping for the Project Site shall be designed consistent with these regulations or more current landscape guidelines should they be adopted prior to construction. Since the on-going drought and associated legislation is changing rapidly, instead of providing specific guidelines within this SPA -6 Erratum, landscaping on the Project Site shall conform to the most current landscape guidelines adopted by the City and EVMWD. K. Development Standards This section of the SPA -6 Errata sets out the site development criteria applicable to the Project Site. The SPA -6 Errata incorporates changes to regulations relating to setbacks, and driveway length. All other development standards included in SPA -6 apply. The following development standards apply to the Project Site: Residential Development Regulations Each required setback shall be maintained open and unobstructed from the ground upward, except for trees, other plant materials, and the storage of City -provided refuse containers in single-family side or rear setbacks. A. Permitted Uses • Single family detached homes B. Permitted Accessory Uses • Swimming pools • Garden structures and greenhouses • Fences and walls • Patio covers and trellises • Accessory uses and structures necessary or customarily incidental to a permitted use. C. Site Development Standards • Minimum lot area: 3,525 square feet • Minimum lot width: 47' at building setback lines • Minimum building setbacks (see Figure 8): Summerly 16 January 2016 Plan Amendment 6 Erratum • Front: • 10' to habitable portion of dwelling • 18' to private garage • Side: 5' to habitable portion of dwelling • Corner side: 10' to habitable portion of dwelling from ROW • Rear: 10' to habitable portion of dwelling • Front porch: 5' • Zero lot line plotting shall be permitted subject to Community Development Director approval and the following development standards. Zero lot line plotting refers to dwellings constructed on a common property line with adjoining reciprocal easement to create separation between structures. • Front: • 10' to habitable portion of dwelling • 18' to private garage • Side: 10 feet separation between structures • Corner side: 10' to habitable portion of dwelling from ROW • Rear: 10' to habitable portion of dwelling • Front porch: 5' o Common property line shall mean the property line on which the dwelling structure is located, and which is shared with an adjoining property owner. o Buildings may be placed on only one interior property line with zero setbacks. Summerly 17 January 2016 Plan Amendment 6 Erratum Figure 8. Residential Setback Requirements L. Implementation No amendments proposed. The Implementation section included in SPA -6 applies to this Erratum without amendment. N1^Administration ofthe Specific Plan No Amendments proposed. The Administration section included in SPA -6 applies to this [natuno without amendment. Summerly 18 January 2016 1 r;k.t: tiIIiQI:.[ Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 11) City of Lake Elsinore Text File File Number: ID# 16-182 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 412112016 CITY Y OF { LA I SMOKE M ,A&l EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Date: April 26, 2016 Subject: Publishing Summary of Ordinances Recommendation: adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE CITY CLERK TO PREPARE A SUMMARY FOR EACH ORDINANCE ADOPTED BY THE CITY COUNCIL AND TO PUBLISH SUCH SUMMARIES IN IN A NEWSPAPER OF GENERAL CIRCULATION Background Government Code Section 36933 (Exhibit B) provides that all Ordinances must be published in a newspaper of general circulation within 15 days of adoption. It also allows the Council to appoint an official to instead prepare a summary of the Ordinance and for that summary to be published 5 days prior to the meeting at which said Ordinance is to be adopted, and again within 15 days after the adoption including the vote of the Council. In addition, a certified copy of the full text of the Ordinance shall be kept available in the office of the City Clerk. Discussion Since July 1, 2015, the City has spent over $26,000.00 in Legal Advertising costs. From that amount 17 Ordinances have been published for an amount over $16,000.00, totaling over 90 pages of text. If the City publishes summaries, this could be reduced to 15 — 20 pages of text. Publishing costs have risen over the last several years and will continue to do so as newspapers have to compete for readers while continuing to cover the cost of production. In today's society more and more people are turning to other sources for their information; websites, social media; email blasts, etc. Currently the City is printing the entire Ordinance in the newspaper, posting the entire Ordinance on the City's website and is available on the City's website in perpetuity through Granicus. After a 30 day waiting period, the Ordinance is codified into the Municipal Code (Code), if it is amending the Code. All Ordinances are scanned into LaserFiche (the City's document imaging system) which in the near future will have a public access portal, so that citizens may search City documents such as Ordinances and Resolutions from their own computers at home. Page 1 of 2 In an effort to increase cost savings, increase efficiencies and to bring practices and procedures in alignment with industry standards, staff is recommending that the Council designate the City Clerk to prepare a summary for each Ordinance adopted by the City Council and to publish such summaries in accordance with the law, in a newspaper of general circulation. Staff will continue to improve access to documents through the website, noticing on Social Media, on Granicus and have full text versions located within the City Clerk's department. Fiscal Impact The cost savings is estimated to be an amount over $10,000.00 annually, but is not known at this time. Prepared By: Susan M. Domen, City Clerk Approved By: Grant Yates, City Manager Exhibits A — Resolution B — Government Code Section 36933 Exhibit A RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE CITY CLERK TO PREPARE A SUMMARY FOR EACH ORDINANCE ADOPTED BY THE CITY COUNCIL AND TO PUBLISH SUCH SUMMARIES IN IN A NEWSPAPER OF GENERAL CIRCULATION WHEREAS, California Government Code Section 36933 (a) requires the City to publish within 15 days of passage all Ordinances adopted by the City Council; and, WHEREAS, California Government Code Section 36933 (c) further allows for the publication of summaries of Ordinances adopted by the City Council; and, WHEREAS, the City currently publishes to the website and maintains in the legislative agenda management software, Granicus, full and complete text of Ordinances presented to and adopted by the City Council; and, WHEREAS, the City Council fully supports transparency of public documents and maintaining fiscal responsible procedures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The publishing of summaries of Ordinances in a newspaper of general circulation and in accordance with all applicable regulations and laws. SECTION 2: Direct the City Clerk to prepare such summaries and publish them in a newspaper of general circulation in accordance with all applicable regulations and laws. SECTION 4. This Resolution shall take effect immediately upon its adoption PASSED AND ADOPTED this _ day of , 20_ ATTEST: Brian Tisdale, Mayor APPROVED AS TO FORM: Susan M. Domen, MMC Barbara Leibold City Clerk City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of , and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk Exhibit B Publishing a Synopsis of Ordinance Report California Government Code Section: 36933. (a) Within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city, or if there is none, he or she shall cause it to be posted in at least three public places in the city or published in a newspaper of general circulation printed and published in the county and circulated in the city. In cities incorporated less than one year, the city council may determine whether ordinances are to be published or posted. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but these ordinances shall be posted in the manner and at the time required by this section. (b) Except as provided in Section 36937, an ordinance shall not take effect or be valid unless it is published or posted in substantially the manner and at the time required by this section. (c) The publication or posting of ordinances, as required by subdivision (a), may be satisfied by either of the following actions: (1) The city council may publish a summary of a proposed ordinance or proposed amendment to an existing ordinance. The summary shall be prepared by an official designated by the city council. A summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of the city clerk at least five days prior to the city council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, the city council shall publish a summary of the ordinance or amendment with the names of those city council members voting for and against the ordinance or amendment and the city clerk shall post in the office of the city clerk a certified copy of the full text of the adopted ordinance or amendment along with the names of those city council members voting for and against the ordinance or amendment; or (2) If the city official designated by the city council determines that it is not feasible to prepare a fair and adequate summary of the proposed or adopted ordinance or amendment, and if the city council so orders, a display advertisement of at least one-quarter of a page in a newspaper of general circulation in the city shall be published at least five days prior to the city council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance or amendment, and the names of those city council members voting for and against the ordinance or amendment. t.f�l<E €.til -1-17 l: Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 12) City of Lake Elsinore Text File File Number: ID# 16-183 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 4/21/2016 CITY OF LADE LSIIAORE DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M YATES CITY MANAGER DATE: APRIL 26, 2016 SUBJECT: Amendment No. 1 to Professional Services Agreement with Michael Baker International for Third Street Drainage Design Services Recommendations 1. Approve and authorize the City Manager to execute Amendment No. 1 to Michael Baker International, Inc. (MBI) for Third Street Drainage Design Services, in an amount of $145,583 for a not to exceed contract amount of $325,599, in substantially the form attached and in such final form as approved by the City Attorney. Background On July 14, 2015, the City entered into a Professional Services Agreement (PSA) in an amount not to exceed $180,016 with MBI for Third Street Drainage Design Services (Project). The Project design extends the collection of drainage from the open channel south of Collier Avenue, northerly along Third Street to Cambern Avenue, then westerly along Cambern Avenue. The Project is being developed in conjunction with Riverside County Flood Control and Water Conservation District (RCFC&WCD), who will ultimately maintain the facility. This amendment number 1 in the amount of $145,583 will bring the total authorized services to $325,599. Discussion The preliminary design prepared prior to the PSA with MBI called for construction of an open channel system between Collier Avenue and Interstate 15. During the design phase of the Project, it was discovered that an open channel between these two segments was not feasible due to right of way concerns. Therefore, in order to install a facility with a narrower footprint, the design will change to an underground facility that requires structural analysis and design. Amendment No. 1 to Professional Services Agreement with Michael Baker International, Inc.— Third Street Drainage Design Services April 26, 2016 Page 2 In addition to this design modification to the Project, staff proposes to extend the drainage facility from the proposed terminus on Cambern Avenue, northerly on Third Street, westerly on Conard Avenue and northerly on Welch Drive. This additional work will provide for the necessary facilities of future development that is tributary to this drainage area. Fiscal Impact This project is included in the adopted FY 2015-2019 Capital Improvement Program budget and will be financed by funds designated for flood control improvements. Prepared by: Steve R. Loriso Consultant Engineer Approved by: Brad Fagrell Public Works Director Approved by: Jason Simpson Administrative Services Director Approved by: Grant Yates City Manager Attachments: Professional Services Agreement — Amendment No. 1 Attachment B — Executed Agreement AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES MICHAEL BAKER INTERNATIONAL, INC. Third Street Drainage Improvements, Project No. 4296 PS&E Design Services This Amendment No. 1 to Agreement for Professional Services ("Amendment No. 1") is made and entered into as of April 26, 2016 by and between the City of Lake Elsinore, a municipal corporation ("City), and Michael Baker International, Inc., a California corporation ("Consultant"). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of July 14, 2015 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount of one hundred eighty thousand sixteen dollars ($180,016). C. The parties now desire to increase the scope of work and payment for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: the following: Section 1, Scope of Services, of the Original Agreement is hereby amended to add Consultant shall also perform the services as set forth in the Additional Work Request Summary attached to this Amendment No. 1, identified as "A. Scope of Services for Storm Drain Extension — Stage 2" and "B. Scope of Services for Storm Drain Extension — Stage 3". 2, Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Additional Work Request Summary). In no event shall Consultant's compensation related to the Original Agreement and Amendment No. 1 exceed Three Hundred Twenty Five, Five Hundred Ninety Nine dollars ($325,599) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal, and/or the Additional Work Request Summary to the contrary, out-of-pocket expenses shall be reimbursed at cost without an inflator or administrative charge. 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. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. [Signature on next page] IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CONSULTANT" Michael Baker International, Inc., a California corporation John D. Tanner III, P.E., Vice President Date: Attachments: Exhibit A - Additional Work Request Summary Exhibit B — Original Agreement F7 EXHIBIT A ADDITIONAL WORK REQUEST SUMMARY [TO BE ATTACHED] EXHIBIT A-2 EXHIBIT B ORIGINAL AGREEMENT [ATTACHED] EXHIBIT B r LS111o1-� F- '--\- )}1 F\n4 eXrarn-n: August 13, 2015 Michael Baker International Attn: Mr. John Tanner III, PE 40810 County Center Drive, Suite 1000 Temecula, CA 92591 RE_: PROFESSIONAL SERVICES AGREEMENT Dear Mr. Tanner: Enclosed for your files, please find your copy of the Professional Services Agreement for the Third Street Drainage Improvements, Project No. 4296 PS&E Design Services. Should you have any questions, please don't hesitate to give us a call. Sincerely, Diana Giron Acting City Clerk Enclosure cc: Engineering Division Administrative Services Department M AGS.'. } Ill! i..I �.I❑P)('P , A'II, .it) U,b„b4tI ;A;,I I I lII', Irl_, N. AGREEMENT FOR PROFESSIONAL SERVICES MICHAEL BAKER INTERNATIONAL COMPANY Third Street Drainage Improvements, Project No. 4296 PS&E Design Services This Agreement for Professional Services (the "Agreement") is made and entered into as of July 14, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and Michael Baker International Company, a California Corporation ("Consultant"). RECITALS The City has determined that it requires the following professional services: Third Street Drainage Design. The scope of service includes: 100% PS&E, Survey and Mapping Utility Research & Coordination, Geotechnical Investigation Right-of-way, Hydrology & Hydraulics Construction Phase Support, Construction Drawings & Permit Plan Checks. A. Consultant has submitted to City a proposal, dated .lune 30, 2015, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. PSA with Michael Baker 3rd St Drainage Page 1 C. Term. The tern of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A). 3, Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed ONE HUNDRED EIGHTY THOUSAND SIXTEEN DOLLARS ($180,016) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. 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 promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. 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 forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. 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 Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. 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. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant 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 Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. 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. Page 2 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. 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 Agreement shall be made available for inspection hours, upon written request by the City Manager, representative of these officers. Copies of such inspection at City Hall when it is practical to do so. agreed upon, the records shall be available at notices in this Agreement. required to be maintained pursuant to this or audit, at any time during regular business City Attorney, City Auditor or a designated documents shall be provided to the City for Otherwise, unless an alternative is mutually Consultant's address indicated for receipt of 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 Page 3 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 Nall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 8. Independent Consultant. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent Consultant and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 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).) 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. Page 4 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 Lake Elsinore 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 and to the extent of Consultant's negligence or other wrongful conduct 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 the sole negligence, active 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, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. 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. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering Page 5 comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. 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 lirnit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"), No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and ornissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured 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. Page 6 C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Michael Baker International Attn: Mr. John l anner III, PE 40810 County Center Dr., Suite 1000 Temecula, CA 92591 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 B. Consultant shall be fully responsible to City for all acts or ornissions 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 B 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 Page 7 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. 22. Controlling Law Venue, This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS 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. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 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 Page 8 of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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. 29. Prevailing Wages. Consultant is aware of 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 and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indernnity shall survive termination of this Agreement. 30. 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. Page 9 Ac.4; IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation <4 1zl 1s- G(j Yates, Citq Manager ATTEST: city Y rk Attachments: Exhibit A - Consultant's Proposal Exhibit B - Subcontractors Listed "CONSULTANT" Michael Baker International, a Corporation pRhn'D. Tanner 111, PE Vice President Page 10 EXHIBIT A SCOPE OF SERVICES & FEE SCHEDULE EXHIBIT A SCOPE OF WORK TASK 1 PROJECT KICKOFF MEETING TJ Street Drainage Improvements The project manager and key support staff will attend meetings with the City to update the City on progress. A kickoff meeting will be held with the City to review the scope of services and schedule. Two (2) progress meetings will be held with the City. In addition to the progress meetings, the Consultant's team will attend one (1) City Council meeting, if required. TASK 2 RESEARCH AND INVESTIGATION Consultant shall complete research and investigation of existing and future constraints and opportunities affecting the Project Site, including the following: • Research and investigation of existing and proposed major utilities within the Project Site. • Identification of requirements, jurisdictional agencies, and utility districts involved relative to the Project. • Review of existing improvement plans affecting the Project including, street and storm drain. • Plot existing utilities on the basemap in Autocad, as described in a later task, herein. A total of twenty hours (20) have been budgeted for this task. Additional research and investigation services will be performed, if required, on an hourly basis for an additional fee. TASK 3 AERIAL TOPOGRAPHIC MAPPING Consultant shall prepare an Aerial Topographic Map of the project site, at a scale of V=40', with one foot contour intervals. The work shall include: • Preparation of a flight plan and layout of ground control targets; • Field surveying services to set ground control panels and survey their precise positions on the appropriate coordinate system basis; • Aerial photogrammetric services; • Compilation of plannimetric and topographic features from controlled stereo pair photographs to digital medium; • Perform field survey check profile observations and office analysis of said observations to check ground truth of the compiled map within accepted standards. TASK 4 RECORD DATA MAP PREPARATION In order to include and plot the record position of the project boundary in approximate orientation with a specific coordinate system, compiled aerial topographic base data or other overlay features, Consultant shall perform the following tasks: Perform research of the available public records via on-line services to obtain maps and other items that affect the boundary location of the property, Prepare a preliminary record data map to be used by the field survey crew to search for a sampling of boundary monuments; Perform a field survey of said monuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping; -- I H r a n x n n 0 e n i Proposal hngineenny services a piqe 1 31,1 Street Dainacge Improvements Plot the record boundary lines on the aerial base map, with the understanding of the City that said record boundary is NOT the result of a comprehensive boundary survey and analysis, and that it's orientation may disagree substantially from the position determined by a full boundary survey and analysis; The budget for this scope of work is based upon an assumption that adequate and accessible boundary monumentation exists in the immediate project vicinity to control this record data survey. Any cost associated with the preparation and processing of a Record of Survey Map, if one becomes necessary as a legal requirement, shall be covered by the City. TASK 5 ADDITIONAL FIELD SURVEYING Consultant shall perform a field survey of the project site to facilitate engineering design. The workflow is as follows: • Perform the following: Field survey to locate items affecting design; office downloading, reduction and quality control of the digital survey data; and data conversion to CAD data base and mapping for integration with engineering design base plans; • Archive survey field notes. The location of the following ground surface and/or visible underground items is the primary target of this survey: • Existing storm drain system; • Water meters; • Manholes; • Electrical and other above ground dry utility items; • Sewer cleanouts (if any); • Driveways; • Other items affecting design that are not shown on the aerial topographic base map due to dense vegetation. The following items are specifically not required and not included in this survey: • Street cross section's; • Item outside of the public street easement right-of-way. TASK 6 GEOTECHNICAL INVESTIGATION Consultant has included Petra on the project team to perform a geotechnical investigation of the project site to facilitate engineering design. The workflow is as follows: Collect and review readily available literature and maps pertaining to soil and geologic conditions within and adjacent to the site. Review plans and project specifications made available to Consultant/Petra at the time of our investigation. Drill 7 exploratory borings, between 15 and 25 feet below ground surface. All borings will be drilled utilizing a standard, tract -mounted, hollow -stem auger drilling rig having the appropriate depth and sampling capabilities. Borings will be backfilled with excavated soils. I N T E N N A T 1 0 N A L Proposal osal En Incerlil p g g Serncns s Page 2 3r,i Street Drainage Iniproveinents • Log and field -classify soil materials encountered in each boring in accordance with the visual -manual procedures outlined in the Unified Soil Classification System and the ASTM D 2488-90. All field activities will be performed by or under the direct observation of a State of California Certified Engineering Geologist. • Collect representative bulk and undisturbed soil samples for laboratory analysis. Undisturbed samples will be retrieved at 2- to 5 -foot depth intervals utilizing a modified -California split -spoon sampler. • Perform appropriate laboratory analysis on soil samples which may include the following: in-situ and maximum dry density; in-situ and optimum moisture content; Atterberg limits; expansion potential; direct shear, soluble sulfate and chloride content; and general soil corrosivity (pH and minimum resistivity). • Perform geologic and engineering analysis on data collected. • Prepare a geotechnical report presenting the results of our evaluation and recommendations for the proposed pipeline in general conformance with the 2013 California Building Code (CBC) and in accordance with applicable state and local jurisdictional requirements. In general, the geotechnical report is expected to include the following information: • A description of site conditions and geotechnical factors that may influence site development. • A summary of subsurface conditions as encountered during our field exploration. • A geotechnical map depicting the locations of our exploratory investigation points. • Logs of the exploratory borings. • A description of laboratory test procedures and test results. • Site preparation, grading and ground modification requirements. • A preliminary discussion regarding temporary excavation stability and sidewall stabilization requirements (as necessary). • Acceptability of site soils for use as fill and backfill. • Presence of groundwater and its potential adverse impact on the site development. • A preliminary assessment of soil corrosivity and adverse effects on concrete and buried metallic objects. TASK 7 OFF-SITE HYDROLOGY STUDY REVIEW Consultant shall review the Drainage Study prepared by the Client's previous engineer to verify the calculated flow -rates. Said drainage study was not approved, however it did receive one round of comments from Riverside County Flood Control District (RCFCD). Consultant shall review the assumptions made and determine if the results appear to be adequate. If it is determined that additional detail or analysis is required, Consultant shall prepare the necessary revisions and provide a supplemental document to the original study, which shall be used as the basis for the Hydrology and Hydraulic Design Report described below. TASK 8 HYDROLOGY AND HYDRAULIC DESIGN REPORT Consultant shall prepare a Hydrology and Hydraulic Design Report for the mainline storm drain, which will be subsequent to the Off -Site Hydrology Study prepared by the city's previous engineer and described above. The hydrology analysis and report for the local watershed shall use the rational method as outlined in the Riverside County Hydrology Manual. The storm drain system I N T E N N A T 1 0 N A 1. Proposal Engineering Sewices • Park 3 311 Street Drainage hnprovemonts shall be designed such that the 100 -year peak flows are fully contained in the system. Consultant shall perform the necessary catch basin hydrology and street capacity calculations to determine if additional catch basin or inlet locations are required to flood -protect adjacent properties. Inlet structures shall be located within the public right of way and shall be designed according to City/County standards. All inlets shall be designed to capture their 100 -year tributary drainage area flows and convey the storm flows to the mainline through connector pipes. A water surface profile reflecting the various junctions and transitions will be prepared to verify the storm drain design and size/capacity. Friction losses shall be calculated by an accepted form of the Manning's equation. Hydraulic calculations using WSPG shall be performed by Consultant to model the proposed storm drain to establish the controlling water surface elevation for the design. Consultant shall document analyses and design with calculation sheets or computerized hydrology/hydraulic analyses using City/District approved software. All process information and results shall be presented in a Hydrology and Hydraulics Report and presented to the City for review. TASK 9 UTILITY COORDINATION Consultant shall coordinate with the utility company contacts regarding the proposed storm drain improvement impacts to their facilities. This will include the consultant providing reference plans to the utility companies/agencies for planning their relocation activities. The utility company will be responsible for relocation plan preparation and the City will be responsible for negotiating cost responsibilities with the utility company. Consultant will transmit initial and final plans to the affected utility companies requesting them to contact the City to coordinate any adjustments and relocations. Consultant will copy the City on all correspondence. If required, Consultant will hire a Dry Utility Consultant who will be responsible for coordinating technical design issues with the utility company, review utility relocation agreements to provide input and comment from a technical design standpoint, and assisting in schedule management between the City and utility company as it relates to the overall design schedule. This is executed, if required, for an additional fee. All new dry utility facilities will be designed by the dry utility agencies or companies as a part of the overall dry utility coordination and design process. Dry utility companies (including any fuel and oil lines) will perform design work with their own farces in preparing final utility relocation plans. In addition, it has been assumed that the utility companies will be responsible for preparation of legal descriptions and exhibits for any interim utility relocations requiring temporary easements. No preparation of legal descriptions and exhibits for new or revised utility easements is assumed for this task. All utility appurtenance relocation and adjustment work will be coordinated with the dry utility companies, and all utility appurtenance relocation and adjustment work will be constructed by the specific utility company's work forces. All costs for utility appurtenance relocation and adjustment work will be paid by the City as a direct bill from the utility company. A budget of 24 hours has been budgeted for this task IN r E R N At ON N L Proposal Engineering Smvice_s . Page 4 TASK 10 STORM DRAIN PLANS 310 Street Drainage Improvements Consultant shall design and prepare Storm Drain Improvement Plans for the Flood Control Facilities associated with the Project Site as shown in the RFP and associated preliminary 3'd Street Storm Drain Plans. Plans shall be prepared in accordance with the requirements and criteria of the City of Lake Elsinore and RCFCD. Scope covers the design of approximately 3,200 LF of 36" to 84" RCP, approximately 500 LF of open channel; two (2) headwall and wing wall structures and tunneling details for the storm drain to cross under the 1-15 freeway, including bore pit details. Any engineering services related to preparation of additional improvement plans for offsite storm drain extensions, pump stations, structural details, curb and gutter improvements, interim basin grading at inlets, or other major facilities are not anticipated to be required and therefore, not included within this scope. TASK 11 STRUCTURAL CALCULATIONS — HEADWALLS I WINGWALLS Consultant shall provide civil and structural engineering services related to the preparation of structural details for the support of the proposed storm drain headwalls and/or wingwalls, if required. Calculations and details shall be prepared in accordance with the minimum allowable values provided by CBC 2013. A total of two (2) details are anticipated for this scope of work. TASK 12 MANIFOLD DESIGN (IF REQUIRED) If required, Consultant shall prepare the necessary hydraulic calculations and structural design for a manifold structure, which can be used to transition from the proposed cylindrical pipe to a box, or parallel pipe system at the crossing under 1-15. This task may not be required if the conventional pipe is able to be continued through a tunneling procedure under the freeway. TASK 13 TECHNICAL SPECIFICATIONS Consultant shall develop technical specifications as special provisions in conformance with City's format. This scope of work shall include the preparation of the technical specifications as referenced to the latest edition of the "Greenbook" Standard Specifications for Public Works Construction. TASK 14 ENGINEER'S COST ESTIMATES Consultant will prepare a final estimate of construction quantities and costs based upon the approved finaldrawings utilizing the current edition of the Caltrans Contract Cost Data book and recent construction bid information. The specific construction items will be verified with contractors and up-to-date construction management cost data to account for current cost increases and material cost trends. The final detailed engineer's estimate of the project costs will be structured per City's format. Consultant makes no representations concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or drawings other than that all such figures are estimates only, and Consultant shall not be responsible for fluctuations in cost factors. , n r e n e n* 1 0 N n L Proposal Cnginecnng Service e Page „ IOKi U1 sI3�Street Diainagehnprovements TASK 15 PLANS SPECIFICATIONS AND ESTIMATE SUBMITTAL Consultant shall process the completed plans for the purpose of securing approvals and permits. The plans will be submitted at the 60%, 90%, and the 100% level. TASK 16 PLAN CHECK REVISIONS/APPROVALS/LOCAL AGENCY PERMITS Consultant shall process the completed plans forthe purpose of securing appropriate approvals and permits from the City, Caltrans, OSHA and RCFCD, as required. Submittals to agencies shall include all plans and required backup data for review. Consultant shall receive written comments from all participating agencies and review with City. Consultant shall draft a response to all agency comments at one time. Consultant will then meet collectively with all participating agencies to resolve outstanding issues relative to agency comments. Consultant will then prepare final dispositions for each review comment for submittal to the Agencies. Consultant will make revisions to PS&E documents following plan check for second plan check submittal and provide final revised quantitytake-offs and cost estimates. When revisions have been made, Consultant will obtain signatures and provide the requested number of stamped plans to the City. TASK 17 PROJECT COORDINATION & MEETING ATTENDANCE Consultant shall attend regularly scheduled meetings with City and Government Agencies to review the progress of the work included within this contract and to provide consulting services. A maximum of 40 hours are included within this Scope of Work. Additional meetings and consulting services will be performed, if required, on an hourly basis for an additional fee. TASK 18 CONSTRUCTION PHASE SUPPORT SERVICES Consultant shall provide support to the Client or his representatives as directed during the construction phase of the project. Scope includes response to Requests for Information (RFI's), attendance in normal meetings and coordination efforts with various agency representatives related to the successful completion of the project's construction. A total of forty (40) hours have been budgeted for this task. Scope does not include the preparation of additional exhibits, plans or as-builts, which are not described within this scope of work. Additional exhibits can be prepared, if requested, under a separate contract, for an additional fee. Consultant shall, in order to perform the previously discussed tasks, incur reimbursable expenses such as printing, reproductions, messenger services, facsimiles and other project -specific out-of- pocket expenses necessary to achieve preparation and processing of the previously discussed task. Additional Services: Services which are not specifically identified herein as services to be performed by Consultant or its consultants are considered "Additional Services” for purposes of this Agreement. City may request that Consultant perform services which are Additional I R 7 1 R N A r 1 13 N A 1. P« oposal Engineering Services o Page 6 -- Td Streof 1)rainage Improvements Services. However, Consultant is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. In the event Consultant performs Additional Services before receipt of such executed amendment, City acknowledges its obligation to pay for such services at Consultant's standard rates, within 30 days of receipt of Consultant's invoice. Assumptions: • Consultant can rely oil existing plans and documents made available by the City and other agencies and utility companies, without independent verification. Traffic Control Plans for construction will be submitted by the Contractor. Traffic control plans can be provided upon the City's request for a separate scope and fee. Sufficient right-of-way exists for the proposed storm drain alignment and no additional right-of-way or easements will be required. Exclusions: Sufficient right-of-way exists for the proposed storm drain alignment and no additional right-of- way or easements will be required. Consulting services relating to any of the following tasks may be completed by Consultant if negotiated under a separate contract for an additional fee; but are presently specifically excluded from this agreement: • Street Improvement Plans/Widening; • Design for areas outside limit of work; • Final Survey Monuments; • Construction Staking; • NOI/SWPPP; • WQMP; • Traffic Control Plans; • Environmental docuinentation/processing; • Hazardous wastes; • Potholing; • QSP Services; • Construction Management; • Settlement Monitoring (Caltrans) • As -Built Plans • Any other services not specifically set forth in the above Scope of Services Client Responsibilities: • City shall provide access to the site. :: :. I N i E N N A T 1 0 H n i Proposal Engineering Smvices • Page �,H I��tiIfiC?I�C 31,1 Street Drainage Improvements • City to provide any and all indemnification, abatement, disposal or other actions required by local, state or federal law regarding hazardous materials. • City shall pay all governmental fees and costs. I N r e a 0 n r i n N n 1. Proposal Engineering Scivices o page 8 m COMPENSATION 310 Street Drainage; Improvements Consultant shall complete the work outlined above in accordance with the fee schedule identified below and shall invoice City on a monthly basis based on the percentage of completion. ITEM FEE TASK 1 Project Kickoff Meeting......................................................................$5,844 TASK2 Research and Investigation .............................................. .................... 4,879 TASK3 Aerial Topographic Mapping ........... ....... ........... ............... .................... 6,460 TASK4 Record Data Map Preparation ...... ............................... ......................... 4,320 TASK 5 Additional Field Surveying.. .................................................................. 3,660 TASK6 Geotechnical Investigation ................................... .............................. 10,560 TASK 7 Off -Site Hydrology Study Review .... ................................... .................. 9,150 TASK 8 Hydrology and Hydraulic Design Report ....-- ... ................................. 18,472 TASK 9 Utility Coordination ............. ....... ....................... ........ ............................ 4,070 TASK10 Storm Drain Plans ................................. ................. .................... ........ 50,242 TASK 11 Structural Calculations — Headwalls / Wingwalls..................................8,512 TASK 12 Manifold Design (If Required) .................................. ....................... ......6,847 TASK 13 Technical Specifications.......................................................................8,188 TASK14 Engineer's Cost Estimates ...... ...................................................... ....... 4,112 TASK 15 Plans, Specifications, and Estimate Submittal ....................... ....... ...... ..3,936 TASK 16 Plan Check Revisions/Approvals/Local Agency Permits ....................14,684 TASK 17 * Project Coordination & Meeting Attendance ................... ..................... .7,040 TASK 18 * Construction Phase Support Services .............................. .................... 7,040 TASK19 * Reimbursables............... ..................................... ......... ........ ................ 2,000 TOTAL. AMOUNT $180,016.00 * The budget amount shown is for authorization purposes only. Should the total of the monthly billings reach eighty percent (80%) of the budget amount, City and Consultant will H A Tl 0 x A L Proposal hngineennq S vice s- Pip 9 Tif 31,1 Street Drainage Improvements review the status of the work to determine the need for an increase in the budget amount, and whether additional budget authorization to complete the project is appropriate. Progress billings will be forwarded to the City on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. The City shall make every reasonable effort to review invoices within forty-five (45) working days from the date of receipt of the un -contested invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. IN r E R e AT I ON A L Pmpm it Engineering Sr rvu,es e Page 10 h i m N I� i N m fn N N ti U N rn t4 i \ •rl N ti M` M N ' \ O �� \ \ \ N �ry N .-Y eNi N Zy H N\\ N O1 M N N F- L O n n w _ C O C C U U - P N D v m c S V .p s E ,O' C- O N_ '�' O w 0 Ow y 1 i SUBCONTRACTORS LISTED N/A A�G't?R.L7 CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDJYYY7 ovav2ola THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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 the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the ternsand 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 endorsement(s). PRODUCER Aon Risk Services Central, Inc.PSE Pittsburgh PA Office Dominion Tower, 10th Floor 02S Liberty Avenue Pittsburgh PA 15222-3110 USA AEFT F.: NAMAME: (NC;Na Ezg: (8667 283-7122 FAX (800) 3G3-0105 A!C. INS - __- _ ADDRESS: INSURERIS) AFFORDING COVERAGE NAIC9 INSURED Michael Baker Internati Onal, Inc. INSURER A. liberty Mutual Fire Ins CD 23035 INSURER le Lloyds Syndicate No. 2623 AA1128623 vD Box 57057 Irvine CA 9261.9-7057 USA —__._ _—_ .__._—_.._.__�— INSURIBYC Ll be rty Aum'an ce corpm-ati on INSURER D: National Union fire Ins Co of Pittsburgh 42404 1.9445 INSURER E: OOMMERCIALGENERN.LIABILITY INSURER F: 1a16 1 J 1 p 7�— - iiEo ncec CRlo"PICATP NIIMRFR' c7f)(E,8864110 REVISION NUMBER; THIS IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED to THE INSURED NAMED ABOVE FOR TFIE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 'TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TFIE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD Man POI.iCY NUTADER POLICY EFF MfAIDDIYVYY POLICY FXP MMIOOA'VY LIIAITB A X OOMMERCIALGENERN.LIABILITY 1a16 1 J 1 p 7�— 1 FACHOCCURRENCIi 52,000,000 I CLAIMS -MADE LX OCCUR i3WiANF7OTtE1S1BD— PREMISES fEa oewrzenc�_ 51,00o,000 _ MED EXP (Any one person) 15,000 111 —" PERSONALE ADV INJl11iY 52,000,000 as GEN' L. AGGREGATE LIMIT APPLIES PER; GEIVLRN. AGGREGATE 54,000,000 PRODUCTS-COMPIOPAGG $4,000,000 POLICY ❑X PRO. � LOC AT JECT — - OTHER h qAS2-681-004145-724 06/30/201.408/30/2015 COMBINE.DSINGLELIMIT 51, 000, 000 AUTOMOBILE LIABILITY Ea ac<itleeh,.... BODILY INJURY (Per person) 0 Z Y. ANY AUTO - ALL OWNED BCHEDUIF D BODILY INJURY (Perecadenp ------- --- C� AMOS AUTOS N V PROPERTY DAMAGE X HIRED AUTOSX NON -OWNED Peracaidm,l _ AUTOS 0 D Be01.8742918 OB/30/201A 021/30/2015 EACH OCCURRENCE 510,007000 U X UMBRELLA LIAR X OCCUR AGGREGAI'F. $10,000,000 EXCESS LIAB CLAIMS MADE DED X RETENTION310,000 C WORKERS COMPENSATION AND WA768DO04:145694 06/30/2014 OB/30/]0].5 X S1ATUT(_ aI EMPI.OYERWI-AWLITY VIN ANV PIu)rYeerofil PARTNBRIeXaouTIVE ADS WC7687A114145704 06130/2014 08/30/2015 6LEACHACCIDE.NT $1,000,000 EL, DISEASEf.A EMPLOYEE _ $1,000,000 C OP(Lc[R011: I. NIA NH) (Mondmeryin Nfd Vy,eSCdesuibc untlnr SIT E.L. DISEASE -POLICY LIMIT $1,000,000= D&O_III pil OFOPERAiIONS below QC]A02675 OG/30/201.4 08/31/2015 Per claim $5,000,000 _ B e&U-PL-Primary Professional & pollution Aggregate 55,000,000 SIR applies per policy teras & condi ions DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached i1 more space is regulred) FmNamed In5ured Only: Attn: Kim Hartsfield. RE: Third Street Drainage Improvementls, Project NO. 4296, PS&r Design Volunteers are included Services. City Of Lake Elsinore, its elected or appointed officers, olftcials, employees, agents and as Additional Insured in accordance with the JoliCy provisions of the General Liability and AHL'011lobile Liability policies. herein are Primary and Non -Contributory to other insurance General Liab'il'ity and Automobile Liability no�icies evidenced 'rvailable to an Additi anal insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in 'favor Of City of Lake Elsinore, its elected or appointed officers, officials, employeex or agents in accordance with the policy provisions of the General Liability, Autonwbile Liability and workers' conlpensat'ion policies, !aJ11y CERTIFICATE HOLDER C Ty Of Lake Elsinore Att:n; City Manager 1.30 :smlth Main 5[reet Lake Elsinore CA 92530 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE (EXPIRATION DATE THEREOF, NOTICE WILL BE. DELIVERED IN ACCORDANCE VATH Tile. POLICY PROVISIONS. c_XXrr�z i�..�a�<�rr. aa<a (C�X>zlt�i4 ...terra 01988-2014 ACORD CORPORATION. All rights reservod. ACORD 25 (2014101) The ACORD Fargo and logo are rogislo'Sit marks of ACORD 2.3320120,014 16000(,5 Tti1S ENDO}pgGMElh'P CHAIUGES 7`HE POC,ICi`. C'LI3ASC RLN7 I"p CAItEPU LLY, BLANKET ADDI` ION'AL•INSURED 'flits endorsmnont modifies inswancc provided undo, dre following: CUt,tAIH(iC.laL Gf_n•I::RAL i.d:\BII-In COYfdk2.�G G. RO34\t SI CI ION" 1I - Wl 10 IS AN INSURED is appended to include as an instued any pciwn or of ganivanion for whom you have agreed in wrai ig m provide liab[lity' insurance But: flu insurance yrocidcd by this awrrimnent: I • Applies only to "bodily injury" or "properly daatage" arising out of (Q "your woo;' or 04 premises or other Pmp.ny-ov_ned by or rented to you: 2. ,lipplies only to coverage and critilnru r, Emits of insurance required by the vasten agrrccmern, but in no new e MUM either the scope of covenge or the limits of insurance pro6ded by this policy; and 1. Does not apply it, any person or organi>.a(ion fisc uAw n you have prorumd sepirfarc liability iosinaure while, surh insumnct is its effect, regardless of warether the Xcip of toreragc or limits ofinsnrante of oris policy exceed those o1 -"id, orhrr iuencma' or whether such note, insurance i, valid andel colleeribla. 93m k4lo,vtg provisions atso an# L Where die applicable written eg uament requires dm insured an prorwit liability in natocc ou a primary, excess, contingent, or any mho basis, AN policy pill apply solely on rite basis required by such w3iucn agsacnacni and lune 4, Other Insurance pC S]iC't 10\ iN of this policy wilt pat apply. 2. Mate die;grplie.Ala wrinen agreement does not spoil nn what basis It bl idity insurance well! apply, the provisions onall 4. Odum Ixsorance, of SF<.TIO f IV of this policy will govern. 3 This cndorsc ncnt shall not appig to any person or aganstic n fat may "laodily injury" or "pioyxrp dmmrhc" if any other additionnl insured endorsnnont on this policy applies try that person or orgwrirarion pith regard to the "bodily injury" or °p[opcny damage". 4. If any other additional insued endorsement applies to any parson; or organizndon and yon are obligated under a wriucn ngrceiucut to provide liability insu.anee on a primary', tRtrss, Coaingtny or any ocher basis for that additional Insured, this policy will apply solely on the basis required by such wrincu abttecmnnt and heir,'!. Other Insurance of S'l C ION' IN' ofdtis policy will not apply, mgaad)ess of ndmdtce the person V; organization has available other valid and collectible r isucmerr. If the applicable wriunn agreen><ent docs not slxcify, on what basis the liabilin' insumncr, will apply, the provisions of kvxvf. Odie, basurance of SEC ]-ION, I V of this policy will govent, '11,;-endo,>,r)... I.ABERTYAdUTl1ALFIRF I dS(.IRAIdCF COrvlpAI4)' i r. 6, 5 iiircaicc Dm, t:rm 5uarhmau to Tnpce 14" n,ra:: Mw 1L' 0 01 06 05 rtv:i rvrinn U:no M-681-004145—Mi ii Sill+ (""M Q, Go v:;a11 n. 21120120 fit 446U00`46 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modes Insurance pn)vided under the following: COMMERCIAL GCNERAL LIABILITY COVERAGE PART PRODUCTSlCOMPLETEDOPERATIONS LIA611_11Y COVERAGE PART SCHEDULE Name Of Person OrOrganizatlon: Any person or organirztion with whom you have agreed in writing to waive any right of recovery prior to a loss The following is added to Paragrzrph B. Trans€or Of Rights Of Recovery Agalnst others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or orgartization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. l bi- emlwxmcnl u ca.nad by 16c 1,I1WRTV AW 1,0;M. 191Ut I WORAidlai <:OM'AKY I'mnvnna $ Rrl�.;zi�z9):rcc P:n(dr;t�on IJcn vorwam�»np:e l���tcy'' i" TB2-6E1-ltpL114 5-71. 4 nr�dS� t>z�(r• w,1 b4. CG 24 0405 09 0lnsurarlce Sewlc�s Inc, 200P Page i of 1 VI:,Ni 3003 6($7000N Policy NumWr TB2.-6£31-004145-714 tasued by i.,IBEIRTY itTUTUAI, FAZE lt`N:SORA\t:l, CWii'ANY "THIS ENOORSGMENT CIiANGES TNt POLICY. PLEASE: READ IT CAREFUI..t.Y. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsemenl modifies Insurnm:e provided under the folloviing: RUSINf.SS AUTO COVERAGE PART MOTOR CARRIER COVERAGE FART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GFNI=RAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENE..RAL. LIABILITY COVI RAtSC PARI PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGI- PART LIOUOR UA81LITY COVERAGE PART COMMERCIAL. LIABILITY—UMBRELLA COVERAGE FORM Schedule ress or mailing on file with. the A. If we cancel this policy for any reason other than nonpayment of lVemlum, via udh notify the persons or organizations shown In the Schedule above, We will send notice to the email or mailing address listed above; at least 10 days, or the gornh8f Of days listed above, If any, before the Cancellation bCCOITIe5 effecfAVe. In no event does the notice to the third party exCeed the nOdce fo the first named in Sured. B. This advamv notification of a pending cancoAation of ecarernge is 41tended as a cuwtesy only. Our failure to provide such ridvance nolihoatiun will not extend the pulley cancellation date nor neclate tarrt.e(talion of the, policy_ All other Perms and conditions of this policy; emain unchanged. L 161 99 P1 0511 (D 2011 t_it) esly Mulnat ('roup of t::xnpsHies. Ail right,. rr:;ewe(i. Faq_e: 1 of 1 lncludos co;)ynghted rriatcriat )I Services Office, Inc:., with its pcnni.ssion. Policy Number: AS7_-681-dNI!,,i-724 Issued by: Liberty r UMW Fire Insurance Company THIS ENDORSEMENI CHANGES TME POLICY, PLEASE R6AD 11 CAREFULLY, DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance providod under ih<a 0ii0wing• BUS IN[S3 AU 1-0 COVE RAG E FORivi GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORivi With respect to coverage provides by Mh eatiorsemm" the provisions of the Covenqu Fora apply unless modified by this endw-mmnt. This endorsemeci identifies 0easvr S) or oryaNzahan(s) who are "insureds" Linda the Who Is An insured Pravi3lon of the Covarago Foral. This endorsement does not alter coverage provided in Um rCovem9e form. Schedule Name of Porson(s) or Organizations(s): Any person nr organization whom you have agnled in wfitingto add as an additional insured, bu( only to covCu.*e and minimum limits cf inewanre required by We wrMon agic oment, and in no event to exceed either the scope of rlovmElge or tho iintlls of insurance provided in this vofioy, Regarding Deslgnatad Co; tfact nr Pr*(dc Each person or o; gaui2afion Snown In the Schoduio of this endorsement is an "insured" for usability Coverage, but only to the extent that person of onanizalion quallos as an "insured" under tile' Who is .An Insured P"wision contained in Scohn fi of We C:overarie Form. The foliow:ng is ended to Ore Qthor Insurance Condition: If you have agreed in a tvsitten agreement that this p5m will be primacy and Without rigid of coutriL;.;tion Gam any ! mmmce in foico for an Additional insured fol liability arlsing out of your operat;on, and the agreemmA was executed fxfor to the ' hodily in uiy" Lir "properly damago", than this insurance wHI be priority and v✓e will not seek 1001`11410 0n from such insurance. Det iF Authorized 17e7arsentafi•do: AC 84 23 08 11 1! 2078, Liberty fsfidual Group of Companies. All lights resenjed. Paget of i indueias ecpyrigirf6ti rnaic%uaf of In9u+a!,ce Services Office, los. with its .permission. 2912013005917 0l1391 Pc7LICVNUMBV-Si: AS2-6R.t--OW,1-45--724 COMWERCIALAU10 CA 04 440310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorcontent modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL QAMAGECOVfRAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS CGVFRAG,F. FORM With re5peCttu Coverage provided by this endorsement, the provisions of the Cove mile f=orm apply unless modilied by tile. endorsement. SCI (CUUF6 Name(s) Qf Person{s) Or Urganlzatlwls(s): Any person or organization with whom yon have agreed in writing to waive any right of, r;acovery prioy to a 7.o:es, 7remiumt $ INCL this Sclre dule, if not shown above, will be shown (n the Tato Transfrr Of ftighfs Of Recovrry Agsinst Others To U> Condition does not apply to the persons) or organization(s) shown in tite Schedule, But onlyto the extentthat subrogation is waived prior to the `a ccidenC or 1110 103%' under a contract with that Per stln or m'ganhzalion. CA 04 44 03 10 Cop)'ii ph!, Insurance Scrviees Ofli<e, Ina,:2009 Page 1 of 1 Policy Number: AS2-681-004145-724 IrsuedBy: Libei-Ly Mwl-u&l Fire YnsssranCe Co. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CARUFULLY, NOTICE DE CANCELLATION TO THIRD PARTIES This endorsement modifies insurance pe'ovided under the following' BUSINESS AUTO COVERAGE PART Mo T C)R CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PAR'1- SCLF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PARI' C,OMh41 RCIAL GENERAL, LIABILI1Y COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARI LIQUOR LIABILITY COVERAGE PART A. If we, cancel this Policy for ;any reason either than nonpayment of premium, wa will notify the pamon6 or crga nizatior s Shown in the .schedule aUeve. We will sand notice to the em"A (:)I nit l my (=ddu listed above at least 99 days, or the number of days listed above, it any, bclool the r,.znccllaWon hoc+rnas off Mive. In no it dorea the no:icc to the IfIld frarty exceed the nnitJe to the fr.t named insured. t3- This advance notification of a Bending cancellation of coverage ie intended as a courtesy ordq. Ota faihire II) provide such advance notification will not extend file policy c-'moollafion date ,)or new-Je cL^nCFalnliou of the poficy. All other ieirris and conditions of thle poiiey femain unnhon<;(,A, L.IIm 09 01 05 11 20 11, 1_I1,eriy tvlutual Graup of uoni p;) nies, At ri cj hw recwesJ. Page 'I of i lntaudes copyrigl-d.�d ri�2.tn�ri„;+I oP Insuranco '3vrvices OfGGe, Inc. with Its pert, dusim, WAIVER OF OUR RIGI4T TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. {Tris agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. } This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable, in KY, NH and N.1 The waiver does not apply to any right to recover payments which the Minnesota Workers Compensation Reinsurance Association may have or pursue under M.S.19.30. Schedule Where required by contract or written agreement prior to loss Irds ondomemunt is executed by t6c I_ibratylnsuranc:e Corporation 21894 Premium $ Effective Date 1`xpira3tion Date For attacl anent to Policy No. WA % -6.3} —`)0 145—iir3G. WC 00 03 13 1983 NJ I(ional 0-(innCil on Coiaipensation In ura;ice. Pogo. 1 of 1 Fri. 4/)/1984 NOTICE OF CANCELLATION TO THIRD PARTIES A. It we cancel this policy fnr any reason other than nonpayment of premium, we will not ty the+ persons or organizations shown in the Schedule below. We will send notice, to the email or mailing address listed below at least 70 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. 13. "Rtis advance notification of a pending cancellation of coverage Is intended as a courtesy only. Our failure to Provide, such advance notification will not extend (Ire policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s) t Email Address or mailing address: Number Days Notice: Organization(s)! Per schedule on fire v✓ith the 30 company All outer terms and conditions of (his policy remain unchanged. Issued by Uherty Insurance Corpnmtinn 29874 ForartechmentloFollcyNo_ WO -6811-004145-094 Picnlim, Issuou to Mictraei Baker Corporation Wfvf 90 18 06 11 All Rir3hts Rusmti=erl, I -Q 06rU'1/20'I'i Paye I of 1 I ttkf, �S 411 i4�i:.1.; Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 13) City of Lake Elsinore Text File File Number: ID# 16-184 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 4/21/2016 C11OF i �_ LADE LSINORT -1 D RF.AM EXTIZEME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: APRIL 26, 2016 SUBJECT: Amendment No. 1 to the Professional Services Agreement with Michael Baker International for Design of the CDBG & SB 821 Curb, Gutter, and Sidewalk Project Recommendations 1. Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with Michael Baker International for the CDBG & SB 821 Curb, Gutter, and Sidewalk Project, in the not to exceed amount of $7,400, in substantially the form attached and in such final form as approved by the City Attorney. Background Michael Baker International (MBI) was contracted on March 22, 2016 for the design of the CDBG & SB 821 Curb, Gutter, and Sidewalk Project. The project design includes extending curb, gutter, and sidewalk along portions of Sumner St, Townsend St, Silver St, Heald Ave, and Campus Way. Discussion The FY 2016-2020 CIP identified an additional curb and gutter project, Langstaff Street between Heald and Sumner. Due to the similarities in the project, and to take advantage of the economies of scale, staff recommends merging this project with the CDBG & SB 821 Project. On April 7, MBI provided a cost and scope for this additional street. Staff believes the cost is reasonable for the additional design work that needs to be done. Amendment No. 1 Michael Baker International — CDBG & SB 821 Curb, Gutter, and Sidewalk Project April 26, 2016 Page 2 of 2 Fiscal Impact This amendment provides an additional $7,400 to include design of the Langstaff Street curb and gutter Project. This additional amount will bring the total not -to - exceed contract to $47,500. The Langstaff Street Curb and Gutter Project is included in the FY 2016-2020 Capital Improvement Plan and will be financed by Gas Tax. Sufficient funds are available to complete the project design. Prepared by: Chase Keys, EIT Engineering Consultant Approved by: Brad Fagrell, P.E. City Engineer Approved by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Exhibit A -Add itional Work Request Exhibit B -Original Agreement AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES MICHAEL BAKER INTERNATIONAL, INC. CDBG & SB821 Curb, Gutter, and Sidewalk Project, 210010 This Amendment No. 1 to Agreement for Professional Services ("Amendment No. 1") is made and entered into as of April 26, 2016 by and between the City of Lake Elsinore, a municipal corporation ("City), and Michael Baker International, Inc., a California corporation ("Consultant"). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of March 22, 2016 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount of Forty Thousand One Hundred Dollars ($40,100). C. The parties now desire to increase the scope of work and payment for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: the following: Section 1, Scope of Services, of the Original Agreement is hereby amended to add Consultant shall also perform the Work Request Summary attached CDBG & SB821 Curb, Gutter, anc Heald and Sumner. services as set forth in the Additional to this Amendment No. 1, identified as Sidewalk for Langstaff Street between Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Additional Work Request Summary). In no event shall Consultant's compensation related to the Original Agreement ($40,100) and Amendment No. 1 ($7,400) exceed Forty Seven Thousand Five Hundred Dollars ($47,500) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal, and/or the Additional Work Request Summary to the contrary, out-of-pocket expenses shall be reimbursed at cost without an inflator or administrative charge. 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. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CONSULTANT" Michael Baker International, Inc., a California corporation John D. Tanner III, P.E., Vice President Attachments: Exhibit A - Additional Work Request Summary Exhibit B — Original Agreement OQ EXHIBIT A ADDITIONAL WORK REQUEST SUMMARY [TO BE ATTACHED] EXHIBIT A-2 I N T E R N A T 1 0 N A L Client: We Make a Difference Baker JN: 152955 Request No.: _ 1 Date: April m16 ADDITIONAL WORK REQUEST SUMMARY of Lake Elsin Work Requested By: Steve Loriso/Chase CDBG & SB821 Curb, Gutter and Sidewalk for Summary of Additional Work: Langstaff Street as described below The tasks below are numbered to match the original scope of work under the executed agreement for the City's CDBG & SB821 Curb, Gutter and Sidewalk improvement project. TASK 2 DESIGN SURVEY FOR LANGSTAFF STREET 2.1 Field Survey Michael Baker shall perform conventional ground survey detailing existing ground conditions and locate existing topography from centerline to right-of-way in 25 foot sections for approximately 500 lineal feet along Langstaff Street between Sumner and Heald Avenue. Survey shall include cross sections at all driveways with anticipated connection slopes, physical location of existing utilities, trees etc. Survey shall be sufficient to establish record centerline and right-of-way. 2.2 Legal Descriptions If needed, consultant shall prepare a legal description document and corresponding plat exhibit for the proposed (1) one temporary construction easement for the project. The property lines used as controlling lines for the easement location will be calculated from record information. Consultant shall also prepare traverse closure reports to verify proper geometric figure closure within required tolerances and to determine area inside the perimeter of the land described. Client shall provide Consultant with an up to date title report for parcel(s) affecting the legal boundary of the land to be described. It is assumed that the preparation of conveyance documents (deeds), performance of title work, acquisition and recording services, or government processing will be the responsibility of the local agency, the Client, or other legal parties. Client shall pay any governmental fees associated with this work. MBAKERINTLCOM 40810 County Center, Suite 2001 Temecula, CA 92591 Office: 951.676.80421 Fax: 951676 7240 City of Lake Elsinore Steve Louse CDBG & SB821 Curb, Gutter, and Sidewalk Project Date: 4/06/2016 Page 2 Consultant shall deliver the following to the Client: • Legal Description and Exhibit Plat in .PDF format and printed original • Traverse Calculation Report in .PDF format 2.3 Deliverables An engineering base map, including topography and all other elements discussed, shall be prepared and used for the design of the project. City shall facilitate and provide all available record drawings and maps for Michael Baker to plot existing right-of-way and pertinent street information to engineering base. 3.1 Construction Plan Preparation for Langstaff Street Improvements Utilizing the engineering base map prepared under the Design Survey scope, Michael Baker shall provide all necessary and required construction plans for the successful design and construction of the Langstaff Street. This scope includes the design and plan preparation for new ADA ramps, sidewalks, curb, gutter, driveways and/or retaining walls as needed or as appropriate to this location per description below. An erosion control plan showing temporary BMP's during construction is included under this scope. Langstaff Street - Approximately 500 lineal feet of new improvements located on the east side of the street and comprised of a single segment between Sumner and Heald Avenue; it is anticipated that required work will include 2 feet of ac removal and construct new curb and gutter. Currently this street has existing sidewalk, however by visual inspection it appears that the existing sidewalk is at near equal elevation to the existing edge of AC pavement and may require adjustments at specific locations. Also there are existing driveways that will need to be verified for ADA compliance and replace if needed. ADA ramps currently exist at both curb returns, however new ramp domes will be specified for each return. Each bid package and its component parts will be prepared in accordance with CITY standards, policies, procedures, memorandums and directives. Due to the fact that the project is partially federally funded with CDBG money all required documents and conditions for CDBG projects shall be included in the bid package. Additional Services: Services which are not specifically identified herein as services to be performed by Baker or its consultants are considered "Additional Services" for purposes of this Agreement. Owner may request that Baker perform services which are Additional Services. However, Baker is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. In the event Baker performs Additional Services before receipt of such executed amendment, Owner acknowledges its obligation to pay for such services at Baker's standard rates, within 30 days of receipt of Baker's invoice. MBAKERINTL.COM City of Lake Elsinore Steve Loriso CDBG & SB821 Curb, Gutter, and Sidewalk Project Date: 4/06/2016 Page 3 Exclusions Baker services relating to any of the following tasks may be completed by Baker if negotiated under a separate contract for an additional fee; but are presently specifically excluded from this Agreement: 1. Any other services not specifically set forth in the above Scope of Services. Assumptions Baker's obligations hereunder are based upon the following understanding: 1. Owner will provide access to the Site. ITEM WORK TASK FEE Task 2.0 Design Survey 2.1 Field Survey ................. ........................................ ....... ........... ........................ 2,600 2.2 Legal Descriptions.............................................................................................800 Task 3.0 Final Design for Langstaff Street 3.1 Construction Plan Preparation for Langstaff Street Improvements .............. $4,000 TOTAL FEE $7,400 The budget amount shown is for authorization purposes only. Should the total of the monthly billings reach eighty percent (80%) of the budget amount, Owner and Baker will review the status of the work to determine the need for an increase in the budget amount, and whether additional budget authorization to complete the project is appropriate. The fees proposed herein shall apply until September 1, 2016. Due to ever-changing costs, Baker may increase those portions of the contract fee for which work must still be completed after September 1, 2016 by ten percent (10%). MBAKERINTL.COM City of Lake Elsinore Steve Loriso CDBG & SB821 Curb, Gutter, and Sidewalk Project Date: 4/06/2016 Page 4 Michael Baker International, Inc. Prepared By:,, �{ 'ignatu ) --�-- Francisco Martinez Jr., P.E. Land Development Manager (Printed Name & Title) City of Lake Elsinore Authorized (Signature) Brad Fagrell, P.E., City Engineer (Printed Name & Title) MBAKERINTL.COM AGREEMENT FOR PROFESSIONAL SERVICES Michael Baker International CDBG & SB821 Curb, Gutter, and Sidewalk Project, Z10010 This Agreement for Professional Services (the "Agreement") is made and entered into as of March 22, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") and Michael Baker International, a corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: design of a Curb, Gutter, and Sidewalk Project. The scope of work shall include utility research and coordination, design survey, construction plans, specifications, cost estimate, bid phase support, and design support during construction. B. Consultant has submitted to City a proposal, dated February 19, 2016, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Michael Baker International PSA CDBG & SB821 Curb, Gutter, and Sidewalk Project Page 1 C. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed FORTY THOUSAND ONE HUNDRED dollars ($40,100) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. 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 promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. 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 forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. 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 Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. 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. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. 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. Further, any reuse or modification of the project documents by Client shall be at Client's sole risk and Client agrees to indemnify, defend and hold Consultant harmless from all claims, damages, and expenses, Page 2 including attorney's fees, arising out of such reuse or modification by Client or by others acting through Client. 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 subcontractors 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 or as required by law, or needed to establish a defense. 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. 7. 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 Page 3 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. 8. Independent Consultant. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent Consultant and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractors of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 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).) 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 Page 4 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 Lake Elsinore business license. 14. Indemnitv. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractors, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. With respects professional services, Consultant shall defend itself from any actual or alleged claims arising from the Consultant's services under this Agreement. Consultant agrees to indemnify and compensate the Client for reasonable attorney fees or expenses incurred to defend the Client from any claims that are ultimately determined by an adjudication (or formal dispute resolution process) to have been caused by and only in direct proportion to the Consultant's negligent performance. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her Page 5 employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractors to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. 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. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. 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. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability Page 6 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. 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 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 Page 7 If to Consultant: Michael Baker International Attn: Francisco Martinez JR, PE 40810 County Center Drive, Suite 200 Temecula, CA 92591 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 B. 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 B 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 subcontractors 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 subcontractors 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. 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. Litiqation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS 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. Page 8 25. 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. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 26. 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 therefrom. 27. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractors, 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. 28. Prevailing Wages. Consultant is aware of 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 and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 29. 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. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation "CONSULTANT" Michael Baker International, a Corporation Grant Yates, City Manager By Dominic Milano, PE Its: Principal ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal Page 10 EXHIBIT A CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Ll—'Kt U".IW2II'. Text File File Number: ID# 16-185 Agenda Date: 4/26/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 14) City o/ Lake Elsinore Page 1 Printed on 4/21/2016 CITY OF LADE LSI 0PvE Fxi>�FME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Nicole Dailey, Senior Management Analyst Date: April 26, 2016 SUBJECT: Resolution Accepting Funds from the Family Trust of Carl F. Graves and Establishing the Carl F. Graves Scholarship Fund Recommendation Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACCEPTING FUNDS FROM THE FAMILY TRUST OF CARL F. GRAVES AND ESTABLISHING THE CARL F. GRAVES SCHOLARSHIP FUND Background In late 2014, the City received notification that Carl F. Graves had bequeath a share of his trust estate to the City of Lake Elsinore for purposes of establishing a fund for college scholarships to needy and deserving graduates of the Lake Elsinore school system. Mr. Graves's background and the requirements of the scholarship are discussed below. Discussion Carl Fred Graves, age 91, passed away on August 26, 2014 while living in Hemet. He was the son of Carl Fred Graves Sr. and Ruth H. (Hinds) Graves. He was born May 16, 1923 in Rahway, New Jersey and graduated from Rahway High School in 1934. After graduation, he then spent the next year at Phillips Exeter Academy. From there, he matriculated at Harvard and was called into service for the United States Army during World War II. After discharge from the Army in 1948, Mr. Graves moved to California earning his bachelor's degree in Mathematics from the University of California, Berkeley and his master's degree from University of Southern California. His busy career consisted mainly of teaching mathematics in various high schools in Southern California finally retiring from Lake Elsinore High School. Always very involved Resolution Accepting Funds From The Family Trust of Carl F. Graves April 26, 2016 Page 2 of 2 in his community, Mr. Graves served as City Treasurer to the City of Lake Elsinore from 1983 to 1986. Shortly before his death (and unbeknownst to the City), Mr. Graves signed a document entitled "Family Trust of Carl F. Graves." The Trust provides for a "fundamental distribution" of the trust estate, share, property, and assets to be "first" distributed as follows: "City of Lake Elsinore for the purpose of setting up a trust fund to provide a scholarship in the name of the trustor to a needy and deserving graduate of the Lake Elsinore School system for purpose of providing a 4 year college scholarship." The trustee for the estate, acting through their attorney, has informed the City that they are now ready to distribute the funds and conclude the business of wrapping up the estate. The gift from Mr. Graves for this scholarship fund is estimated at $900,000. This is indeed a remarkable gift to the Lake Elsinore community and comes with a solemn obligation to carry out Mr. Graves's wishes and ensure his legacy. The attached resolution will establish a fund entitled the "Carl F. Graves Scholarship Fund" at the City, authorize the Director of Community Services to accept the funds and deposit the funds into the newly established fund account, direct that the funds only be spent in accordance with the direction of the above -referenced trust directive, and direct the City Manager prepare a program for selecting needy and deserving students and seek subsequent City Council authorization for that program, as may be revised by the City Council. Fiscal Impact Costs will be incurred for staff time to research and prepare a scholarship selection program. Additional staff cost may be incurred annually in the administration of the program. However, no increase in expenditures is anticipated. Exhibits Exhibit A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACCEPTING FUNDS FROM THE FAMILY TRUST OF CARL F. GRAVES AND ESTABLISHING THE CARL F. GRAVES SCHOLARSHIP FUND RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACCEPTING FUNDS FROM THE FAMILY TRUST OF CARL F. GRAVES AND ESTABLISHING THE CARL F. GRAVES SCHOLARSHIP FUND WHEREAS, Carl Fred Graves, age 91, passed away on August 26, 2014 while living in Hemet. WHEREAS, Mr. Graves served as City Treasurer to the City of Lake Elsinore from 1983 to 1986 and was widely recognized for his contribution as a teacher within the Lake Elsinore school system. WHEREAS, Mr. Graves executed a document entitled "Family Trust of Carl F. Graves" which provides for a "fundamental distribution" of the trust estate, share, property, and assets to be "first" distributed as follows: "City of Lake Elsinore for the purpose of setting up a trust fund to provide a scholarship in the name of the trustor to a needy and deserving graduate of the Lake Elsinore School system for purpose of providing a 4 year college scholarship." WHEREAS, The trustee for the trust estate, acting through their attorney, has informed the City that they are now ready to distribute the funds and conclude the business of wrapping up the estate. WHEREAS, the City Council of the City of Lake Elsinore desires for the City to accept the funds from the Family Trust of Carl F. Graves, direct that the funds only be spent in accordance with the direction of the above -referenced trust directive, direct the City Manager prepare a program for selecting needy and deserving students, and seek final authorization for that program from the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RESOLVES, DETERMINES AND ORDERS AS FOLLOWS: SECTION 1. The Council finds and determines that the foregoing recitals are true and correct. SECTION 2. The Council hereby directs the Director of Community Services to establish a separate fund entitled the "Carl F. Graves Scholarship Fund." SECTION 3. The Director of Community Services is further directed to request that the trustee of the Family Trust of Carl F. Graves transfer the trust's assets set aside for the above -referenced scholarship fund to the City of Lake Elsinore and that such funds be deposited in the Carl F. Graves Scholarship Fund. SECTION 4. Funds set aside in the Carl F. Graves Scholarship Fund shall only be used as follows: For the purpose of setting up a trust fund to provide a scholarship in the name of the trustor to a needy and deserving graduate of the Lake Elsinore School system for purpose of providing a 4 year college scholarship. SECTION 5. The Council hereby directs the City Manager to prepare a scholarship program and guidelines for the administration of the Carl F. Graves Scholarship Fund including a selection process for recipients of the fund. Such program shall be submitted to the City Council for consideration and final approval. SECTION 6. This Resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED on this 26th day of April, 2016. Brian Tisdale, Mayor City of Lake Elsinore City Council ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney City of Lake Elsinore STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted at a regular meeting of the City Council of the City of Lake Elsinore on the 261h day of April, 2016, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 15) City of Lake Elsinore Text File File Number: ID# 16-186 Version: 1 130 South Main Street Lake Elsinore, CA 92530 m .lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 4/21/2016 C l']"y (,-)I" . L JU LS 110P\E REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: April 26, 2016 SUBJECT: AB1600 ANNUAL REPORT FOR FISCAL YEAR 2014-15 Recommendations Receive and file the AB1600 Annual Report for Fiscal Year 2014-15 and adopt the Findings set forth within the report which was made public in January 2016, Background The City of Lake Elsinore collects development impact fees for Traffic Infrastructure, City Hall and Public Works Facilities, Community Center Facilities, Lake Side Facilities, Animal Shelter Facilities, Fire Facilities and Library Facilities. The Mitigation Fee Act (AB 1600; Government Code Section 66000 et seq.) sets forth the requirements the City must follow in connection with such development impact fees which are imposed to defray the cost of construction of public facilities related to development projects. In addition, AB 1600 imposes certain accounting and comprehensive annual reporting requirements with respect to the fees collected. For accounting purposes, the development impact fees must be segregated from the general funds of the City and from other funds or accounts containing fees collected for other improvements. Interest on each development fee fund or account must be credited to that special revenue fund or account and used for the purposes for which the fees were collected. Government Code Section 66006 contains comprehensive annual reporting requirements for development impact fees. This statute requires the City to make the following information available to the public annually for each development impact fee: • A brief description of the type of fee in the account. • The amount of the fee. AB1600 Annual Report April 26, 2016 Page 2 • The beginning and ending balance of the account for the fiscal year. • The amount of fees collected. • The interest earned. • Identification of each public improvement on which fees from the account were expended, the amount of expenditures on each improvement and an identification of the percentage of the cost of the improvement that is being funded with impact fees. • Identification of an approximate date by which construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. • Description of each inter -fund transfer or loan made from the account, including the public improvement for which the transferred or loaned fees will be expended. • Findings, pursuant to Government Code section 66001(d) with respect to portions of the fee account that are unexpended in the fifth fiscal year following the initial deposit in the account and every five years thereafter. • The amount of any refunds made pursuant to statute. Staff has compiled the attached AB 1600 Report for Fiscal Year 2014-15 in accordance with the Fee Mitigation Act. The Report provides an annual accounting of the activity in each of development impact fee special revenue fund for the fiscal year ended June 30, 2015 and a five-year history. The Report also provides a plan for future uses of the unexpended special revenue fund balances. The Report is available on the City's website and copies were also sent to the Building Industry Association ('BIA"), The Gas Company, and others for review as requested by them. No comments or questions were received. In addition to the development impact fees reported in the attached AB 1600 Report, the City imposes the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) and the local development fee for the Multiple Species Habitat Conservation Plan (MSHCP). These fees are a "pass through" to WRCOG and RCA, respectively, through the City's participation in these specific regional programs. Evaluation and accounting of these regionally -based fees are outside the scope of the City's AB 1600 Report. Discussion On June 11, 2002, City Council adopted Ordinance Number 1081, establishing its first AB 1600 development fee for Traffic Infrastructure. Subsequently, the City Council adopted and updated various other development impact fees applicable to new development within the City. The purpose of development impact fees is to finance the design, construction and acquisition of facilities and equipment necessary to accommodate future development within the City. Through the General Plan and fee studies, the City of Lake Elsinore has established the nexus between development, the capital improvements necessary to mitigate the effects of development, and approved fees to fund the mitigation measures. Impact fees are generally reviewed every five years. City Council has approved an agreement with Wildan Financial Services to AB1600 Annual Report April 26, 2016 Page 3 prepare an update to the impact fee study and analysis for the City with anticipated completion by April 2016. Development impact fees that are collected are segregated and placed in special revenue funds, which earn interest. Those funds are held for the facilities for which the fees are collected, in accordance with Government Code Section 66006. As of June 30, 2015, the City had 7 separate and distinct fees that are collected pursuant to AB 1600. Following is a summary listing of the fees, along with the balance for each fee account at June 30. 2015: • Traffic Infrastructure Fee $3,169,559 • City Hall and Public Works Facilities Fee 950,262 • Community Center Fee 391,469 • Lake Side Facilities Fee 683,102 • Animal Shelter Facilities Fee (87,195) • Fire Facilities Fee 8,507 • Library Facilities Fee 1,621,514 The AB 1600 Report includes a detailed expenditure and revenue report for each development impact fee special revenue fund. The nature of the development impact fee special revenue funds is such that timing of receipt of revenues and construction of the related capital projects rarely coincide. As a practical matter, revenues are collected over time and accumulated until a development related project is needed; in years of construction, accumulated reserves will be used up. In certain instances, the City has constructed projects in advance of collecting sufficient funds through borrowing from other City funds, or by issuing long term external debt. This practice has resulted in certain categories of the AB1600 funds to operate with a deficit balance. In using the expenditure and revenue reports to determine whether the fees have been spent within five years of collection, the total expenditures and transfers -out over the five-year period must be added together, and then that total must be subtracted from the earliest fund balance. In a number of instances, this calculation shows that not only have fees collected five years ago been spent, but depending on the fund, fees collected in ensuing years have also been spent. Although AB1600 requires fees collected from developers be expended or committed within five years, the law, allows exceptions in recognition that some project costs can be of a magnitude that is takes more than five years to accrue adequate funds; or matching funds may not be available within the five-year period. AB 1600 requires the City to make the certain findings as to any unexpended development impact fee funds, whether committed or uncommitted, remaining after the fifth fiscal year following the first deposit and every five years thereafter. AB1600 Annual Report April 26, 2016 Page 4 All development impact fee categories with the exception of Traffic Infrastructure satisfy the provision of AB1600 that funds be expended within five years. Moreover, the City's Five Year (2014/15-2018/19) Capital Improvement Program (CIP), adopted on June 11, 2014, provides detail regarding the sources, amounts, and approximate dates of funding anticipated over a five-year period that will be used to complete the financing of future capital projects such that all fund equity balances have been programmed to fund projects. The required findings as to the unexpended portion of the Traffic Infrastructure Fee special revenue fund are set forth below: 1. Identify the purpose to which the fee is to be put (Section 66001(d)(1) (A). The City Council finds that the purpose of the Traffic Infrastructure Fee is to mitigate traffic burdens created by new development to the City's arterial and collector street system and is imposed to finance the cost of new traffic infrastructure. 2. Demonstrate a nexus between the fee and the purpose for which it was originally charged (Section 66001(d)(1)(B). The City Council finds that the findings and facts as set forth in the City's Traffic Infrastructure Fee Nexus Studies and City Ordinance No. 1081 which findings and facts are incorporated herein by reference, amply demonstrate that there is a reasonable relationship and nexus between the fees imposed and the purpose for which said fees are charged. 3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements (Section 66001(d)(1)(C). The City Council finds that that all of the sources and amounts of funding anticipated to complete financing for any incomplete improvements are identified and described in the attached AB 1600 Report. 4. Designate the approximate dates on which the anticipated funding is expected to be deposited into the fund (Section 66001(d)(1)(D). The City Council finds that that the approximate date on which the funding referred to in Finding No. 3, above, is expected to be deposited into the appropriate fund is designated and described in the City's Five Year (2014/15- 2018/19) Capital Improvement Program (CIP) which is incorporated herein by reference and in the attached AB 1600 Report. AB1600 Annual Report April 26, 2016 Page 5 Fiscal Impact Tracking of the fund activities, summarizing the activity for the AB 1600 Report, and preparation of the Report requires accounting and administrative resources. No funds were expended on outside sources to comply with this unfunded State mandate. This is a required reporting and compliance report per the California Government Code 66006. Prepared by: Andrew Zavala Account Specialist II Approved by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments AB1600 Annual Report City of Lake Elsinore Traffic Infrastructure Fee Government Code 66000 Calculation FY2014-2015 The Traffic Infrastructure Fee became effective on June 11th, 2002 with the adoption of City Ordinance 81081, Traffic Infrastructure is considered any road and highway networlcs, including structures (bridges, tunnels, culverts, retaining walls), signage and markings, eleclicol systems (street lighting and traffic lights), edge treatments (curbs, sidewalks, landscaping), and specializedfacilities such as road maintenance depots andrest areas. The Traffic lnfrastructu efee is collected to mitigate the additional traffic burdens created by new development to tire. City's arterial and collector streetsystem and is imposed to finance the costs of new traffic infrastructure. The fees varies depending on development type and is collected for each building payable upon the issuance of the certificate of occupancy. The fee is based on the attached formula and data sheet and varies from project to project. The fee is based upon the attached formula and data sheet and varies from project to project Account Description Beginning Fund Balance FY2014-2015 Ending Fund Balance Revenues & Other Som ees Investment Earnings Recoverable Expenditures Developer Impact Fees 802,066 $ 41,535 487 390,553 390,190 Total Sources 99,125 $ 432,575 272.041 Expenditures & Other Uses 144,922 452,647 222,214 Total Uses 381,912 $ 452,647 432,575 Total Ending Fund Balance $ 3,169,559 100% 1% Total Available $ 3,189,631 1 $ (20,072) $ 3,169,559 First hr First Out Method int Funds Represent Ending Fund Balance June 30, 2015 Revenues Collected from 2007 $ 424,514 Revenues Collected from 2008 802,066 Revenues Collected from 2009 390,190 Revenues Collected from 2010 99,125 Revenues Collected from 2011 272.041 Revenues Collected from 2012 144,922 Revenues Collected from 2013 222,214 Revenues Collected from 2014 381,912 Revenues Collected from 2015 432,575 Total Ending Fund Balance $ 3,169,559 Result: Five Year Spent Test was met in accordance with Government Code 66001, The City makes a finding that it will design and/or construction of major arterial aand collector street system in acem dance with the Fiscal Ycm- 2015-2019 Capital Jill provement Program, as noted below. Capital Improvement Facilities Capital Improvement Facilities Actual Expenses FY2014-2015 %Complete %funded with fee Traffic Signal Installation @ Grand/Riverside- 4392 $ 3,633 35% 2% 'traffic Signal Installation n Summerhill/Via Scenic -44. 309,089 50% 9% Traffic Monitoring Cameras -Z10011 6,754 50% 10% Ilaffic Signal Mods a ,al<esho-e/Diannond-Z10012 2,000 100% 1% Align Study Master Plan - Z30001 4,003 100% 2% Development Impact Fee Study - Z30003 3,828 25% 1% Traffic Signal @ Cyn Bills/Sage Lane -4368 19,939 50% 8% Traffic Signal Controoler a Diamond/RR Cyn -4386 5,400 75% 2% CityTraffic Model Update- 4426 97,999 50% 17% Total Capital lnnprovennent Facilities Actnral Expenses $ 452,647 Anticipated FutweProjects FY2015-2016 %fuudedwithfee Camino Del Norte Improvement -Z10030 $ 1,463,448 49'Y° Development Impact Fee Study- Z30003 15,000 13% Main Street Interchange - Z10017 1,946,448 571/o Traffic Monitoring Cameras - Z10011 33,000 50% Railroad Cyn Rd Left Turn Pocket Extension 35,000 100% Total Anticipated Future Projects $ 3,4.92,896 City of Lake Elsinore City Hall and Public Works Facilities Fees Government Code 66000 Calculation FY2014-2015 The City Hall and Public War lis Facilities Fee became effective on August 23rd, 2005 with the adoption of City Ordinance #1153. City Hall and Public Worcs Facilities serve both hones and businesses citywide. The City Hall and Public Works Facilities fee is collected to mitigate the additional burdens created by new develop rientfor city hall and public works facilities and is imposed to finance the costs of new city hall and public works facilities. The fee varied depending on development type and is collected for each building payable upon the issuance of the certificate of occupancy. The fee is based on the attached formula and data sheet arid variesfi-con project to project. The fee is based upon the ottached formula and data sheet and variesfrom project to project Account Description Beginning Fund Balance FY2014-2015 Ending Fund Balance Revenues & Other Sources Interest income Developer fees 80,001 $ 11,908 142,644 77,888 Total Sources 89,594 $ 154,552 82,262 Expenditures & Other Uses 121,594 100,900 257,762 Total Uses I $ 100,900 $ 950,262 Total Capital Improvement Facilities Actual Expenses $ 100,900 TotalAvailable $ 896,610 $ 53,652 $ 950,262 First In First Out Method ant Funds Represent Ending Fund Balance June 30, 2014 Revenues Collected fi,om 2008 86,638 Revenues Collected from 2009 80,001 Revenues Collected from 2010 77,888 Revenues Collected from 2011 89,594 Revenues Collected from 2012 82,262 Revenues Collected from 2013 121,594 Revenues Collected from 2014 257,762 Revenues Collected from 2015 154,552 Total Ending Fund Balance $ 950,262 Result: Five Year Spent Test was met in accordance with Government Code 66001, The City makes afinding thatit plans to construct o new Civic Center and expand the Public Works Corporation Yard in the east part of the City within the next 5years. Currently, the City has design plans for construction on that site. The expected cost for this project is uupuurunprovementtacurnes Actual Expenses FY2014-2015 %Complete %fundedwithfee Downtown Seismic Retrofit- 4327 $ 74,838 95% 31% Facilities Master Plan - Z30000 21,492 100% 22% Development Impact Fee -Z30003 1,276 50% 13%n Annual Information Technology Replacement -Z20000 3,294 100% 4%, Total Capital Improvement Facilities Actual Expenses $ 100,900 Anticipated Future Projects FY2015-2016 %fundedwithfee Development Impact Fee Study - 230003 5,000 13% City Facilities Expansion - Z20006 997,760 70% Facilities Master Plan - Z30000 27,000 33% Total Anticipated Future Projects $ 1,029,760 City of Lake Elsinore Community Center Facilities Fees Government Code 66000 Calculation FY2014-2015 The Community Cen ter Facilities Fee became effective on August 23rd, 2005 with the adoption of City Ordinance #1153. Comm unity Center Facilities will primarily serve residents in the City by providing space and facilities for recreation and strnilorprograms. The Community Center Facilitiesfee is collected to mitigate the additional burdens created by new development forCity community center facilities and is imposed to finance the costs of new community center facilities. The fee varied depending on development type and is collected for each building payable upon the issuance of the certificate ofoccuponry. Thefee is based on the attached formula and data sheet and varies from project to project. The fee is based upon the attached fornmda and data sheet and vartesf,om project to project. Account Description Beginning Fund Balance FY2014-2015 Ending Fund Balance Revenues & Other Sources Interest income Developer fees $ 23,943 $ 4,776 85,020 30% Total Sources 10,788 $ 89,796 63% F,xpeuditures & Other Uses 1,276 36,007 26% Total Uses $ 36,007 $ 36,007 Anticipated Future Projects FY2015-2016 %funded with fee TotalAvailable $ 337,680 $ 53,789 $ 391,469 Five Year Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2014 Revenues Collected from 2011 $ 10,988 Revenues Collected from 2012 43,706 Revenues Collected from 2013 81,294 Revenues Collected from 2014 165,685 Revenues Collected from 2015 89,796 Total Ending Fund Balance $ 391,469 Result: Five Year Spent Test was met in accordance with Government Code 66001, Capital Improvement Facilities Capital Improvement Facilities Actual Expenses FY2014-2015 %Complete %funded with fee Senior Center Sidewalks -4424 $ 23,943 100% 30% Facilities Master Plan - Z30000 10,788 100% 63% Development Impact Fee Study -Z30003 1,276 95% 26% Total Capital Improvement Facilities Actual Expenses $ 36,007 Anticipated Future Projects FY2015-2016 %funded with fee Development Impact Fee Study - Z30003 5,000 13% Senior' Center Sidewalk 30,000 20% Facilities Master Plan - Z30000 17,000 2VYo City Facilities Expansion - Z20006 436,894 30% Total Anticipated Future Projects $ 488,894 City of Lake Elsinore Lake Side Facilities Fees Government Code 66000 Calculation FY2014-2015 The Lake Side Facilities Fee became effective on August23rd, 2005 with the attention of City Ordinance #11S3. Lake Side Facilities will primarily serve residents in the City by providing recreation at the lake. The Lake Side Facilitiesfee is collected to mitigate the additional burdens created by new developmentfor City lake side facilities and is imposed to finance the costs of new lake sidefocilities. Thefee varied depending on development type and is collectedfor each building payable upon the Issuance of the certificate of occupancy. The fee is based on the attached formula and data sheet and varies from project to project. The fee is based upon the attached formula and data sheet and varies from project to project Account Description Beginning Fund Balance FY2014-2015 Ending Fund Balance Reven ties & Other Sources Interest income Developer fees $ $ 9,146 112,176 5% Total Sources Facilities Master Plan - Z30000 $ 121,322 10,788 Expenditures & Other Uses 100% 148,046 Total Uses 30% $ 148,046 SCADA Upgrades -Z40001 89,024 20% 1001y, Total Available $ 709,826 1 $ (26,724) $ 683,102 Year First In First Out Method Revenues Collected from 2009 Revenues Collected fi,om 2010 Revenues Collected from 2011 Revenues Collected from 2012 Revenues Collected from 2013 Revenues Collected from 2014 Revenues Collected from 2015 Total Balance June 30, 2015 10,566 60,745 70,223 63,580 116,153 240,513 121,322 ding Fund Balance $ 683,102 Result., Five Year Spent Test was met in accordance with Government Code 66001. The City makes a finding that it plans to begin the anticipated future projects in accordance with the Fiscal Year 2015-2019 Capital Improvement Program, as noted below. Capital Improvement Facilities Capital Improvement Facilities Actual Expenses FY2014-2015 %Complete %funded withfee Whisker's Fishing Beach Improvements -4369 $ 44,820 5% 1% Facilities Master Plan - Z30000 10,788 100% 100% Development Impact Fee -230003 1,276 30% 13% SCADA Upgrades -Z40001 89,024 20% 1001y, Lake Facilities Improvements -Z40006 2,138 50% 100% TotalCapital lmprovemen t Facilities Actual Expenses $ 148,046 Anticipated Future Projects FY2015-2016 %fundedwithfee Development Impact Fee Study -Z30003 $ 5,000 13% Facilities Master Plan -Z30000 17,000 21% Lake Facilities Improvements -Z40006 173,102 240/,) SCADA Upgrades - Z40001 85,000 100% Whisker's Fishing Beach Improvements -4369 420,000 100% Total Anticipated Future Projects $ 700,102 City of Lake Elsinore Animal Shelter Facilities Fees Government Code 66000 Calculation FY2014-2015 The Animal Shelter Facilities Fee became effective on August 23rd, 2005 with the adoption of City Ordinance #1153. Animal Shelter Facilities will primarily serve residents in the City by providing animal control and adoption services. The Animal Shelter Facilities fee is collected to mitigate the additional burdens created by new developmertfo- City animal facilities and is imposed to finance the costs of new aminal facilities. The fee varied depending on development type and is collected for each building payable upon the issuance of the certificate of occupancy. 7hefee is based au the attached formula and data sheet and varies from project to project. The fee is based upon the attached formula and data sheet and varies frrou project to project. Account Description Beginning Fund Balance FY2014-2015 Ending Fund Balance Revenues & Other Sources Interest income Developer fees 50,112 Total Sources It 50,112 Expenditures & Other- Uses Total Uses $ Total Available $ (137,307)1 $ 50,112 1 $ (87,195) Pobe Year Test Using First in First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Revenues Collected from 2015 Total Ending Fund Balance $ - Result: Five Year Spent Test was met in accordance with Government Code 66001. Capital Improvement Facilities Capital Improvement Facilities Actual Expenses FY2014-2015 %Complete %fundedwithfee New Animal Shelter $ 302,256 100% 100% Total Capital Improvement Facilities Actual Expenses $ 302,256 Anticipated Future Projects FY2015-2016 %funded with fee N/A $ Total Anticipated Future Projects $ - City of Lake Elsinore Fire Facilities Fees Government Code 66000 Calculation FY2014-2015 The Fire Facilities Fee became effective on June 13th, 2006 with the adoption of City Ordinance#1181. Fire Facilities are considered fire stations and similarpublic safety facilities that will primarily serve residents in the City by providing the pliysicalfacilities necessary to.supportfre, paramedic and emergency responseprograms. The Fire Facihtiesfeeis collected to mitigate the additional burdens created byuew developmentfor Cityfrefacilities and is imposed to finance the costs of newfirefacilities. Thefee varied depending on development type and is collectedfor each building payable upon the issuance of the certificate of occupancy. The fee is based on the attached formula and data sheet and varies from project to project. The fee is based upon the attached for in ula and data sheet and varies from project to project. Account Description Beginning Fund Balance FY2014-2015 Ending Fund Balance Revenues & Other Sources Interest income Developer fees $ 117 121,251 Total Sources $ 121,368 Expenditures & Other Uses 113,000 Total Uses $ 113,000 TotalAvailable $ 139 1 $ 8„368 $ 8,507 Five Year Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Revenues Collected from 2015 8,507 Total Ending Fund Balance $ 8,507 Result: Five Year Spent Test was met in accordance with Government Code 66001. tal Improvement Facilities Actual Expenses FY2014-2015 %Complete %funded with Rosetta Canyon Fire Station #97 Ladder Truck $ 113,000 100% 100%% Total Capital Improvement Facilities Actual Expenses $ 113,000 Future FY2015-2016 City of Lake Elsinore Library Mitigation Fees Government Code 66000 Calculation FY2014-2015 The Library Mitigation Fee become effective ou jure 25th, 1977 with the adoption of City Ordinance #573.1 (C) (1-6) and City Ordinance#764.1 in 1986. Library Facilities are considered libraries that meet the Riverside Ciry/County Library Standards that will primarily serve residents it? the City by providing the physical facilities necessary to support library. The Library Mitigation fee is collected for future construction of library improvements to assure the necessary library facilities are provided to the community. Thefee varied depending on development type and is collected for each building payable upon the issuance of the certificate of occupancy. Thefee is based on the attached fbrrnula and data sheet arid varies from project to project. The fee is based upon the attached formula and data sheet and varies from project to project. Account Description Beginning Fund Balance FY2014-2015 Ending Fund Balance Revenues & Other Sources Interest income Developer fees 127,439 $ 20,735 52,650 107,100 TotalSmrrces 171,854 $ 73,385 371,920 Expenditures & Other Uses 164,934 43,116 81,752 Total Uses 50,693 $ 43,116 59,383 Revenues Collected from 2011 74,372 Revenues Collected from 2012 49,143 TotalAvailable $ 1,591,245 $ 30,269 $ 1,621,514 First In First Out Method sat Funds Represent Ending Fund Balance June 30, 2014 Revenues Collected from 2002 91,319 Revenues Collected from 2003 127,439 Revenues Collected from 2004 107,100 Revenues Collected from 2005 171,854 Revenues Collected from 2006 371,920 Revenues Collected from 2007 164,934 Revenues Collected from 2008 81,752 Revenues Collected from 2009 50,693 Revenues Collected from 2010 59,383 Revenues Collected from 2011 74,372 Revenues Collected from 2012 49,143 Revenues Collected from 2013 86,794 Revenues Collected from 2014 111,426 Revenues Collected from 2015 73,385 Total Ending Fund Balance $ 1,621,514 Result: Five Year Spent Test was met in accordance with Government Code 66001. The City makes a finding that it will begin the acquisition and design phase to construct a new Library within the next 5 years in accordance with the Fiscal Year 2014-2018 Capital Improvement Program. The expected cost for this project is approximately $19.8 million. Capital Improvement Facilities Capital Improvement Facilities Actual Expenses FY2014-2015 %Complete %funded withfee Annual Library Book Purchase - 4209 $ 19,857 100rYo 50% Development Impact Fee Study - Z30003 $ 21,984 100% 15% Facilities Master Plan -230000 1,276 10% 3% Total Capital Improvement Facilities Actual Expenses $ 43,116 Anticipated Future Projects FY2014-2015 %funded withfee City Library Site $ 1,654,119 37% Facilities Master Plan $ 3,126 4% Development Impact Fee $ 5,000 13% Total Anticipated Future Projects $ 1,654,119 t nF:E: r til l il>i:,C Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 16) City of Lake Elsinore Text File File Number: ID# 16-187 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 4/2112016 CITY OF LAVE Cog LSIRORE `� DREAM EXTREME, CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: April 26, 2016 PROJECT: COMMERCIAL DESIGN REVIEW 2015-07 -A request by Elsinore Valley Cemetery for the approval of a proposed 7,950 square foot new chapel and office located in an existing Cemetery. APPLICANT: James Mickartz, James Mickartz Architect Recommendation ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING FINDINGS THAT COMMERCIAL DESIGN REVIEW NO. 2015-07 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); AND, ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2015-07 FOR THE DEVELOPMENT OF A 7,950 (SF) SINGLE STORY CHAPEL AND ADMINISTRATIVE OFFICE AND RELATED IMPROVEMENTS LOCATED AT ASSESSOR PARCEL NUMBERS 377-050-033, 062, 063, & 079. Background The Planning Commission at its April 5, 2016, regular meeting took action to recommend approval of CDR 2015-07 unanimously. Discussion Project Request and Location The applicant is requesting approval for the construction of a 7,950 square foot (SF) single story chapel and administrative office and related improvements for the Elsinore Valley Page 1 Cemetery District. The proposed development includes 53,936 SF of landscaping areas (39.6% of the project site), 7,950 SF of building areas (5.8% of the project site), and 53,936 SF of hardscape areas (54.6% of the project site). The applicant has not proposed any signage at this time, a sign permit application will be required for the permitting of any signage. The proposed project is specifically located at 18170 Collier Ave and is generally located south east of the intersection of Collier Ave and Riverside (APN: 377-055-033, 062, 063, & 079). Environmental Setting Project Description The proposed project consists of the development of a 7,950 (SF) single story chapel and administrative office and related improvements for the Elsinore Valley Cemetery District located on four subdivided lots. The project area will total approximately 130,330 SF (3.13 acres). The total height of the building is 28'-6". The proposed design incorporates a traditional civic design and incorporates a varied roof line, exposed wooden beams to demarcate the entry points, recessed windows, and light fixtures. The proposed site plan incorporates functional parking lot and access points within the site. The proposed landscape plan has been designed to create a sense of place and to screen the parking areas. The proposed landscape material is drought tolerant and selected to the areas climate. The project does not propose any lot mergers or lot line adjustments, however Conditions of Approval have been incorporated to require a lot merger and a lot line adjustment prior to the issuance of a building permit to mitigate any inconsistencies with the municipal code or create unanticipated access or parking concerns. In addition the property has a dual General Plan and Zoning land use designation of Public and Institutional and Limited Industrial, the City will work with the property to appropriately change the split designations into a single designation of Public and Institutional as part of the next General Plan Amendment. The secondary access road is located on Assessor Parcel Number 377-050-056 and is under ownership of the Cemetery District. However, due to the lot being subdivided and possibility of the lot being sold at some future date, a Condition of Approval has been included which requires that the access road have a recorded easement for emergency access. EXISTING LAND USE `' r'GENERAL PLAN ZONING Project Site _ Vacant Limited Industrial/Public and Institutional M-2 General Industrial/Public and Institutional North Industrial Limited Industrial M-2 General Industrial South Cemetery Public and Institutional Public and Institutional East 1-15 Freeway Right of Way Right of Way West Restaurant Public and Institutional Public and Institutional Project Description The proposed project consists of the development of a 7,950 (SF) single story chapel and administrative office and related improvements for the Elsinore Valley Cemetery District located on four subdivided lots. The project area will total approximately 130,330 SF (3.13 acres). The total height of the building is 28'-6". The proposed design incorporates a traditional civic design and incorporates a varied roof line, exposed wooden beams to demarcate the entry points, recessed windows, and light fixtures. The proposed site plan incorporates functional parking lot and access points within the site. The proposed landscape plan has been designed to create a sense of place and to screen the parking areas. The proposed landscape material is drought tolerant and selected to the areas climate. The project does not propose any lot mergers or lot line adjustments, however Conditions of Approval have been incorporated to require a lot merger and a lot line adjustment prior to the issuance of a building permit to mitigate any inconsistencies with the municipal code or create unanticipated access or parking concerns. In addition the property has a dual General Plan and Zoning land use designation of Public and Institutional and Limited Industrial, the City will work with the property to appropriately change the split designations into a single designation of Public and Institutional as part of the next General Plan Amendment. The secondary access road is located on Assessor Parcel Number 377-050-056 and is under ownership of the Cemetery District. However, due to the lot being subdivided and possibility of the lot being sold at some future date, a Condition of Approval has been included which requires that the access road have a recorded easement for emergency access. Analysis Due to the dual General Plan and Zoning land use designations, for the purposes of the analysis of the project the more restrictive Industrial designations will be used. In addition the project area analyzed will use the full project area that is conditioned to be recorded prior to the issuance of a building permit and not the current recorded condition. General Plan Consistency The subject lots have a General Plan land use designations of Light Industrial and Public and Institutional. The General Plan establishes various compatible land uses including cemeteries and ancillary uses in the Public Institutional designation, while the Limited Industrial designation does not specify cemeteries as a permitted use it does incorporate those use compatible with industrial uses. Since the ultimate land use designation will be Public and Institutional and the existing cemetery is a compatible land use the proposed project is found to be consistent with the intended land uses of the General Plan. The Floor Area Ratio (FAR)` for this designation shall not exceed 0.45, the proposed project proposes a FAR of 0.06. The proposed project is found to be consistent with the General Plan. Municipal Code Consistency The project is located within both the Public and Institutional and M-2 General Industrial zoning designations, while the cemetery and ancillary structures are listed as a permitted use within the Public and Institutional designation, it is not listed in the M-2 designation as permitted or conditionally permitted. The Community Development Director has made the determination that cemeteries are a permitted use for the subject site as it is complimentary in nature to the adjacent industrial uses. The proposed project has parking requirement of 90 spaces (85 for the assembly use and 5 for the office use) and provided 115 parking spaces. Staff has reviewed the proposed project with respect to the relevant development standards as identified in the Municipal Code and has detailed the requirements and the proposed development standards as follows: Development Standard Required Proposed Building Height 45'-0" 28'-6" Front Setback 20'-0" 60'-0" Side Setback Interior'" N/A 338'-0" Side Setback (Interior)** N/A 85'-0" Rear Setback (N/A)** N/A 158'-0" As detailed, the proposed project meets all applicable development standards for the M- 2 District. The proposed project provides adequate landscape buffer areas consistent with A floor area ratio is the numerical value obtained by dividing the gross building square footage on a lot by the net square footage of the lot. Side and Rear Yard. No setback shall be required from interior lot lines except adjacent to a public right-of-way or a residential district. in which case the minimum setback shall be 20 feet (LEMC Section 17.140.070 (B)) .O� the Municipal Code requirement to screen parking areas. The proposed project does not contain any variances to the development standards set forth in the Municipal Code for industrial development. The proposed project provides an efficient and safe site plan that provides adequate circulation. The subject use is permitted and the proposed development complies with all applicable development standards; therefore the proposed project is found to be consistent with the Municipal Code. Summary The proposed infill development has been found consistent with the General Plan and Municipal Code. The proposed design is found to be of a high quality and will provide an appropriate addition to the adjacent land uses. The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and Engineering have reviewed the requested Design Review application, and support the proposed application. Appropriate Conditions of Approval have been included that would mitigate any potential issues associated with the future development and establishment of use. Environmental Determination Staff has determined that the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. Fiscal Impact The time and costs related to processing this extension of time request have been borne by the Developer Deposit paid by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Prepared by: Justin Kirk, Principal Planner Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Exhibits: A. MSHCP Resolution B. CDR Resolution Page 4 C. Conditions of Approval D. Vicinity Map E. Aerial Map F. Design Review Package Page 5 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING FINDINGS THAT COMMERCIAL DESIGN REVIEW NO. 2015-07 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Elsinore Valley Cemetery requests approval of a proposed 7,950 square foot new chapel and office located in an existing Cemetery. The proposed project is specifically located at 18170 Collier Ave (APN: 377-050-033, 062, 063, & 079) and generally located south east of the intersection of Collier Ave and Riverside: and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the residential design review; and WHEREAS, on April 5, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. WHEREAS, on April 26, 2016, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the City Council makes the following findings for MSHCP consistency: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. CITY COUNCIL RESOLUTION NO. 2016 - PAGE 2 OF 4 Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site lies is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project site has is located adjacent to the Interstate 15 freeway, and has no habitat present on site, including riparian/riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. The Project is consistent with the Urban/Wildlands Interface Guidelines CITY COUNCIL RESOLUTION NO. 2016 - PAGE 3 OF 4 The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the project, the City Council finds that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 26th day of April, 2016. ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney Brian Tisdale, Mayor City Council of the City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2016 - PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of April, 2016 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2015-07 FOR THE DEVELOPMENT OF A 7,950 (SF) SINGLE STORY CHAPEL AND ADMINISTRATIVE OFFICE AND RELATED IMPROVEMENTS LOCATED AT ASSESSOR PARCEL NUMBERS 377-050-033, 062, 063, & 079 WHEREAS, The Elsinore Valley Cemetery for the approval of a proposed 7,950 square foot new chapel and office located in an existing Cemetery. The proposed project is specifically located at 18170 Collier Ave (APN: 377-050-033, 062, 063, & 079) and generally located south east of the intersection of Collier Ave and Riverside; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines"), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects); and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the commercial design review; and WHEREAS, on April 5, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ("LEMC") the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for commercial design review applications; and WHEREAS, on April 26, 2016, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: CITY COUNCIL COMMISSION RESOLUTION NO. 2016 - PAGE 2 OF 4 SECTION 1. The City Council has considered the proposed design for Commercial Design Review No. 2015-07 for a 7,925 square foot new chapel and office and has found it acceptable. The Planning Commission has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan, the East Lake Specific Plan Amendment No. 6 and the Lake Elsinore Municipal Code and finds and determines that the proposed Commercial Design Review No. 2015-07 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. The City Council finds proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings regarding Commercial Design Review No. 2015-07: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The proposed chapel, office, and ancillary improvements are compatible with the General Plan and the proposed use furthers the goals and objectives of the General Plan, and the proposed project is found to be consistent with the General Plan. The subject use is a permitted use in the P&1 and M-2 districts and the proposed development complies with all applicable development standards. The proposed project is therefore found to be consistent with the Municipal Code. 2. The project complies with the design directives and all other applicable provisions of the Municipal Code. The proposed project provides a civic oriented design consistent with other municipal or religious architecture. The proposed project has effectively designed to break up massing and provides an attractive building design. Landscaping has been fully developed to mitigate visual impacts. The proposed project has been designed in such a manner as to mitigate all potential visual impacts associated with mechanical equipment. 3. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, CITY COUNCIL COMMISSION RESOLUTION NO. 2016 - PAGE 3 OF 4 have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project been considered by the City Council at a duly noticed public hearing on April 26, 2016. The proposed project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Furthermore, appropriate Conditions of Approval have been included that would mitigate any potential issues associated with the future development and establishment of use. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the project, the City Council approves Commercial Design Review No. 2015-07. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 12th day of April, 2016. ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney Brian Tisdale, Mayor City Council of the City of Lake Elsinore CITY COUNCIL COMMISSION RESOLUTION NO. 2016 - PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSII SS I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of April, 2016 by the following vote: AYES: NOES: ABSENT: Susan M. Domen, MMC, City Clerk Conditions of Approval Commercial Design Review 2015-09 Elsinore Valley Cemetery District Assessor Parcel Numbers 377-050-033, 062, 063, & 079 GENERAL CONDITIONS Commercial Design Review 2015-09 (herein referred to as the project) consists of the development of a 7,925 square foot chapel and office located in an existing Cemetery. The proposed project is specifically located at 18170 Collier Ave (APN: 377-050-033, 062, 063, & 079) and generally located south east of the intersection of Collier Ave and Riverside. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the proposed project attached hereto. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. Commercial Design Review 2015-07 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department, All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 6. All site improvements shall be constructed as indicated on the approved building plans, as modified by these conditions of approval. 7. Any proposed minor revisions to approved plans shall be reviewed and approved by Page 1 of 18 September 9, 2014 CDR 2015-07 Conditions of Approval the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. Grading plan revisions shall be reviewed by the City Engineer. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 9. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed to ensure that all exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 10.The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of-way. 11. Three (3) sets of the Final Landscaping / Irrigation Detail Plans shall be submitted to the Community Development Department with appropriate fees, reviewed by the City's Landscape Architect Consultant and approved by the Community Development Director or designee, prior to issuance of a building permit. a) All planting areas shall have permanent and automatic sprinkler system with 50% plant coverage using a drip irrigation method. b) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. Runoff shall be allowed from paved areas into landscape areas. Planting within fifteen feet (15') of ingress/egress points shall be no higher than twenty-four inches (24"). c) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. d) No required tree planting bed shall be less than 5 feet wide. e) Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Planning Commission 4/5/16 Page 2 of 18 CDR 2015-07 Conditions of Approval h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance reviewed by the Landscape Consultant and approved by the Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 1) Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water District standards subject to plan check and approval by the City's landscape plan check consultant. m) No turf shall be permitted. 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 13. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. OR The applicant shall submit a sign program for review and approval of the Planning Commission prior to installation. 14. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 15. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity 7:00 a.m. — 5:00 p.m., Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 a.m. and shall cease no later than 4:00 p.m. with no construction activity to occur on Sundays or legal holidays. The sign shall identify the name and phone number of the development manager to address any complaints. 16.The proposed location of on-site construction trailers shall be approved by the Planning Commission 4/5/16 Page 3 of 18 CDR 2015-07 Conditions of Approval Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way. 17. Graffiti shall be removed within 24 hours. 18. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 19. Install, operate and maintain full capture systems for all storm drains that captures runoff from the facility or site. 20. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. BUILDING AND SAFETY 21. Any and all existing or proposed public areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. 22. Any and all improvements shall be in compliance with the 2013 editions of the California Building, Plumbing and Mechanical Codes, 2013 California electrical Code, California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations and the Lake Elsinore Municipal Code. 23. The developer shall comply with all Municipal Code provisions regarding construction debris removal and recycling as set forth in Chapter 14.12 (Construction and Demolition Waste Management) of the Lake Elsinore Municipal Code. 24. All department approvals and fees shall be paid prior to the issuance of building permits. Planning Commission 4/5/16 Page 4 of 18 CDR 2015-07 Conditions of Approval ENGINEERING GENERAL 25. All landscaping within public right-of-way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. 26. In accordance with the City's Franchise Agreement for waste disposal & recycling, the developer shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 27. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 28. The owner shall process through the Engineering Division for plan check and approval a parcel merger for APN's 377-050-044, 377-050-033, 377-050-062, 377-050-063 and 377-050-079. FEES 29. The developer shall pay all development fees, including but not all inclusive: TUMF, TIF, Stephens Kangaroo Rat Habitat, Railroad Canyon Benefit District and Area Drainage Fees. 30. The developer shall pay all Engineering Division assessed, Development Impact Fees, Plan Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include: Railroad Canyon Road Benefit District, Stephens Kangaroo Habitat Fee (K -Rat), Traffic Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Area Drainage Fee. 31. Mitigation Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design: 32. The project is responsible for complying with the Santa Ana Region NPDES Permits as warranted based on the nature of development and/or activity. These Permits include: • General Permit -Construction • General Permit - Industrial • Scrap Metal Planning Commission 4/5/16 Page 5 of 18 CDR 2015-07 Conditions of Approval • Deminimus Discharges • MS4 33. The project shall complete and submit for review and approval to the Engineering Division BOTH a preliminary and final WQMP, incorporating the LID Principles and Stormwater BMPs. 34.The preliminary WQMP shall be approved prior to scheduling for Planning Commission; the final WQMP shall be approved prior to issuance of any grading or building permit. 35. The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for WQMP preparation. 36. WQMP — The Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control identified pollutants of concern. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan (DAMP), Model WQMP, and LID Guidance Manual for reference, and the MS4 Permittee's WQMP template for submittal. This WQMP shall include the following: • Detailed site and project description • Potential stormwater pollutants • Post -development drainage characteristics • Low Impact Development (LID) BMP selection and analysis • Structural and Non -Structural source control BMPs • Site design and drainage plan (BMP Exhibit) • Vector issues are addressed in the BMP design, operation and maintenance. • GIS coordinates for all LID and Treatment Control BMPs • HCOC - demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. Design goal to replicate pre -development hydrologic regime. 37. The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project, in the following manner (from highest to lowest priority) : (Section XII.E.2, XII.E.3,and X11, E. 7) • Evaluation of highest and best use for sites discharging to Lake Elsinore. Preventative measures (these are mostly non-structural measures, e.g., preservation of natural features to a level consistent with the MEP standard; Planning Commission 4/5/16 Page 6 of 18 CDR 2015-07 Conditions of Approval minimization of Urban Runoff through clustering, reducing impervious areas, etc.) • The Project shall 'Infiltrate, harvest and use, evapotranspire and/or bio -treat the 85th percentile storm event also known as the Design Capture Volume (DCV). • The Project shall consider a properly engineered and maintained bio- treatment system only if infiltration, harvesting and use and evapotranspiration cannot be feasibly implemented at the project site. • Any portion of [the DCV] that is not infiltrated, harvested and used, evapotranspired, and/or biotreated shall be treated and discharged in accordance with the requirements set forth in Section XII.G. 38. Parking lot landscaping shall be designed to with concave landscape grading and provide for treatment, retention or infiltration of runoff. 39. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape and permeable surfaces in low traffic roads and parking lots. 40. Water Quality Facilities that service more than one parcel shall be placed in an easement to provide for maintenance and prevent obstruction. 41. Hydromodification / Hydraulic Conditions of Concern — The project shall identify potential Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. 42. CEQA — If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Division. 43. The project shall use either volume -based and/or flow -based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. Construction: 44.A Stormwater Pollution Prevention Plan (SWPPP) is required for this project. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 45. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal Planning Commission 4/5/16 Page 7 of 18 CDR 2015-07 Conditions of Approval to demonstrate compliance with the City's NPDES Program, California Building Code, and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. Post Construction: 46. Recorded Operation and Maintenance (O&M) Plan that (1) describes the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (3) describes the mechanism for funding the long-term operation and maintenance of the referenced BMPs, and (4) provides for annual certification of water quality facilities by a registered civil engineer and/or the City for a fee if the service is available. 47.All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain" using the City authorized marker to prevent illegal dumping in the drain system. 48. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include: • Demonstrate that all structural Best Management Practices (BMP's) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications. • Demonstrate that the project has complied with all non-structural BMPs described in the project's WQMP. • Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's WQMP are installed and operational. • Submit a copy of the fully executed, recorded Operations and Maintenance (O&M) Plan for all structural BMPs. • Demonstrate that copies of the project's approved WQMP (with recorded O&M Plan attached) are available for each of the initial occupants (commercial/industrial) or Owner's Association as appropriate. • Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the engineer of work dated 12 months after C of O will be considered in lieu of a Special Investigation by the Planning Commission 4/5/16 Page 8 of 18 CDR 2015-07 Conditions of Approval City. • Provide a recorded copy of one of the following: 1. CC&R's (they must include the approved WQMP and O&M Plan) for the project's Owners Association. 2. A water quality implementation agreement with the approved WQMP and O&M Plan attached; or 3. The final approved Water Quality Management Plan and Operations and Maintenance Plan, 49. Industrial Facilities - For industrial facilities subject to California's General Permit for Stormwater Discharges Associated with Industrial Activity as defined by Standard Industrial Classification (SIC) Code. • Prior to grading or building permit close-out and/or the issuance of a certificate of use and occupancy, the applicant shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the NPDES Coordinator. 50. Chemical management - Prior to the issuance of building permits for any tank or pipeline, the uses of said tank or pipeline shall be identified and the applicant shall submit a Chemical Management Plan in addition to a WQMP with all appropriate measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal). UTILITIES: 51.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 52.All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of the Lake Elsinore Municipal Code (LEMC) 53. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 54.The developer shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 55.The developer shall submit a copy of the "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements Planning Commission 4/5/16 Page 9 of 18 CDR 2015-07 Conditions of Approval have been made for this project and specify the technical data for the water service at the location such as water pressure and volume etc. IMPROVEMENTS Design 56.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans. 57.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 58.The developer shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 59.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 60.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 61.A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10 -yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 62. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility. 63. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 64.The site shall be planned and developed to keep surface waterfrom entering buildings (California Green Building Standards Code 4.106.3). Planning Commission 4/5/16 Page 10 of 18 CDR 2015-07 Conditions of Approval 65.AII existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 66. The owner shall dedicate via Grant of Easement to the City right-of-way along Collier Avenue adjacent to the property frontage. The total right-of-way shall equal 60' wide from centerline to the project property line on Collier Avenue. 67. The owner shall dedicate via Grant Deed to the City right-of-way along Riverside Drive adjacent to the property frontage. The total right-of-way shall equal 45' wide from centerline to the project property line on Riverside Drive. 68.A secondary emergency access shall be provided. This secondary access shall be a permanent component of this project. Any access taken on properties not a part of the development shall have a recorded access easement for emergency secondary access. 69.The secondary access road and parking lots shall be surfaced to comply with Engineering Division and Fire Department standards including sight distance requirements consistent with Caltrans Standards. 70. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. Permitting/Construction 71. An Encroachment Permit shall be obtained prior to any work on City right-of-way. The developer shall submit the permit application, required fees and executed agreements, security and other required documentation prior to issuance. 72. A Caltrans Encroachment Permit shall be obtained prior to any work on City and/or State right-of-way, to include utility connections. The developer shall submit the permit application, required fees and executed agreements, security and other required documentation prior to building permit issuance. 73.A Riverside County Flood Control Encroachment Permit shall be obtained prior to any work on RCFCD right-of-way or facilites. The developer shall submit the permit application, required fees and executed agreements, security and other required documentation prior to building permit issuance. 74.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Acceptance of Improvements Planning Commission 4/5/16 Page 11 of 18 CDR 2015-07 Conditions of Approval 75. The developer shall submit a written request for acceptance to the City Engineer. 76.As-built plans shall be completed and signed by the City Engineer. GRADING Design: 77.A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake-elsinore.org). 78. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 79. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 80. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be approved by the City Engineer. 81.A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard. 82. The developer shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. Perm it/Construction: 83. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 84.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 85. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program Planning Commission 4/5/16 Page 12 of 18 CDR 2015-07 Conditions of Approval 86. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC 15.72.065) 87. Export sites located within the Lake Elsinore City limits must have an active grading permit. 88. Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 89.All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 90. Review of the project Storm Water Pollution Prevention Plan (SWPPP) and sediment and erosion control plan shall be completed. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 91. Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 92. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. 93. Developer shall pay all grading permit applicable processing, permit, security and development fees including Stephens Kangaroo Rat Habitat. PRIOR TO ISSUANCE OF BUILDING PERMIT 94. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 95.The developer shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 96. The parcel merger shall be approved and recorded. Planning Commission 4/5/16 Page 13 of 18 CDR 2015-07 Conditions of Approval 97.All required public right-of-way dedications and easements shall be prepared by the developer or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 98.The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 99.A conformed copy of the recorded parcel merger shall be provided to the Engineering Department. 100. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 101. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 102. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. 103. As -built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/developer/owner is responsible for revising the original mylar plans. . 104. All final studies and reports, grade certifications, monument certifications (with tie notes delineated on 8'/z x 11" mylar) shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2 x 11" mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. 105. All plan sets and recorded maps shall be digitized and provided on CD/DVD as follows: • Final Map(s) - GIS Shape files* and .tif of recorded map. • Improvement Plans — GIS Shape files* and .tif of approved as built mylar. • Grading Plans - .tif of approved as built mylar. *GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. Planning Commission 4/5/16 Page 14 of 18 CDR 2015-07 Conditions of Approval 106. All required public right-of-way dedications, easements, dedications and vacations and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to final occupancy. 107. Water and sewer improvements shall be completed in accordance with Water District Requirements. 108. In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 109. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall: o Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; o Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; o Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and o The developer shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 110. The property owner (aka Legally Responsible Party) shall execute and cause to be recorded a "Covenant and Agreement' in the form provided by the City to inform future property owners of the requirement to implement the approved final project - specific WIMP. 111. Developer shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area drainage prior to occupancy/final approval. CITY OF LAKE ELSINORE FIRE MARSHAL GENERAL CONDITIONS 112. Riverside County Fire Department Lake Elsinore Office of the Fire Marshal - It is the responsibility of the recipient of these Fire Department conditions to forward Planning Commission 4/5/16 Page 15 of 18 CDR 2015-07 Conditions of Approval them to all interested parties. The permit number (as it is noted above) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 113. Blue Dot Reflectors- Blue retro -reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 114. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 1,500 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 400' and 225' maximum distance from any point on the street or road frontage to hydrant. Not less than 3 hydrants shall be provided to meet this criteria. 115. Hydrant System- A combination of on-site and off-site super fire hydrant (s) (6" x 4" x 2- 1/2" x 2-1/2") will be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant (s) in the system Average spacing between hydrants 500' and 250' maximum distance from any point on the street or road frontage to hydrant. 116. Minimum Access Standards- The following access requirements are required to be implemented to ensure fire department and emergency vehicular access. All roadways shall conform to the City of Lake Elsinore approved roadway standards but in no case shall the minimum fire department vehicular access be less the following provisions: • Twenty-nine feet (29') clear width. Where parking is to be provided, each parking side shall be provided with eight (8') additional feet on each side of the fire department access. Along the private access located on the NE face of the building the access shall be increased to 30' to accommodate rescue operations in the event of a fire. • The required all weather vehicular access shall be able to support no less than 60,000 lbs. over 2 axles. • Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. • Turning Radius shall be 26' inside and 38' outside for all access roads. Planning Commission 4/5/16 Page 16 of 18 CDR 2015-07 Conditions of Approval 117. Secondary Access- In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and community evacuation. 118. Automatic / Manual Gates- Gate entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate and no less than 20 feet wide. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Contact the Fire Planning office for current plan check fees. PRIOR TO BUILDING PERMIT ISSUANCE 119. Plan Check Fee- Building plan check fees shall be made payable to the "City of Lake Elsinore", and shall be submitted to the Fire Department at the time of plan submittal. 120. Water System Plans- Applicant and/or developer shall submit 2 sets of water system plans to the Fire Department for review. The plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. 121. Prior to Building Construction Verification- This project shall be inspected and approved by the Fire Marshal or designee prior to bringing combustible materials on site. During said inspection all permanent road signs shall be in place, all hydrants shall on operating and approved for use by the water purveyor, and all permanent road surfaces shall be completed including primary and secondary access circulation. PRIOR TO BUILDING FINAL INSPECTION 122. Fire Sprinkler System 13- Install a complete fire sprinkler system designed in accordance with California Building Code, California Fire Code and adopted standards. Sprinkler systems with pipe sizes larger than 4 inches in diameter will require the Engineer or Architect of Record certification with details and calculations with "wet signature" that the building structural system is designed to support the Planning Commission 4/5/16 Page 17 of 18 CDR 2015-07 Conditions of Approval seismic and gravity loads for the support of the additional weight of the sprinkler system. The PIV and FDC shall be located to the front of the building in an approved location, unobstructed and within 50 feet of an approved road or driveway, within 200 feet of a hydrant. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. 123. Sprinkler System Monitoring- Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with California Building Code, California Fire Code and adopted standards. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location. The location of the Fire Alarm Control Unit shall be located in an environmentally controlled location in accordance with 10.14 (NFPA 72, 2013). A C-10 licensed contractor must submit plans designed in accordance with adopted standards, along with the current fee, to the Fire Department for review and approval prior to installation. 124. Designated Fire Lanes- The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/ or signs. 125. Knox Rapid Entry Box- A rapid entry Knox Box shall be installed on the outside of the building. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 126. Fire Extinguishers — Minimum Install portable fire extinguishers complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A-1OBCand signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact Fire Dept. for proper placement of equipment prior to installation. Planning Commission 4/5/16 Page 18 of 18 COMMERCIAL DESIGN REVIEW 2015-07 CITY OF ^� LAX -E &5LSTJ-A0R.E RE M E I I I I L I 0. m I mI D I \\., = I Q % I 9 1 O Ami'. ! D m m -! --I I j Z\\%` I n L—� moo I DmF / I it yr I a exon O � a r z m ( i y0y yr / z mz /I vi DO—L------- m zm 9y a yoo I I m S m =Fr m O I r N m ( I o 0 > �; � = woo > Z F I m >1 Z D I- r z O O%� m 0 o° =oma v I o o \ fR l m N=A L ! v De0r1% = I Q i m nNo I; >mm m m0 m II N I m z l Q =oA o mo { cn m z I I azo Z mr o mho O -i �? jm= 1 moo I m`,, I > oAN I m rA S m== Na~ � V , pM\2 amn Im/r m =� I -4< oy a Ml m v � � o• r goo m a DS I vv mx �I V A� CD v _mm m v v _ V, o n onzz (A r mao m m � ozow m xti O o tioz D i Z _ 0 U) m . m m Z vii `tel G reF k hp's �Ilit`?I;.L Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 10) City of Lake Elsinore Text File File Number: ID# 16-181 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 412112016 CITY OF LADE L LSIIYORE DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: APRIL 26, 2016 SUBJECT: Final Map 36118, Pardee Homes Recommendations 1. Approve Final Map No. 36118 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. 36118. 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 monumentation. Background The proposed Final Map No. 36118 consists of 73.954 acres which includes 4 residential lots for condominiums, 1 recreational lot, 1 park lot, 2 open space lots, 1 basin lot and 7 landscaping slope lots. This is a part of the Canyon Hills Specific Plan located outside of the Canyon Hills development on Railroad Canyon Road. The proposed streets will be private and the landscaping and storm drain maintenance will be provided by the HOA. All future public improvements have been secured. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 36118 and that all Conditions of Approval relative to the Final Map approval have been completed. Final Map No 36118 April 26, 2016 Page 2 of 2 Fiscal Impact Public improvements are to be constructed by the developer. The proposed surety is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents. Exhibits: A. Final Map 36118 - Agreement B. Final Map 36118 Vicinity Map C. Final Map Index Prepared by: Dina Purvis Senior Engineering Technician Approved by: Grant Yates City Manager AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned^Pardee Homes whose business address is _ 1250 Corona Pointe Court Suite 600 Corona CA 82879 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 36118 which map was prepared by RickEhg neering ; 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 U:\engr\Correspondence\1'R 3611.8\Final Map\Security\Construction Agreement.doc 1 request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the 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 underthis 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 priorto final acceptance bythe 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 o:AengrVCorresnondenceAT'R 36115\Final `lap\ eru.i: ;.CyVConstructlon Agreement. doc G percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at any time after any such default, the City may make written demand upon the Subdivider and surety to immediately remedy the default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty (120) days after the making of such demand (or such othertime 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 One Hundred and Fifty, Two Thousand Six Hundred and SixtyyEight Dollars f 452 668,00 to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of Pre Hundred and Fifty Tow Thousand Six Hundred and Sixty Eigh# Dollars ,( 152 666 8.001 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 bonds (corporate surety bonds, cash deposits, etc.) U: An'ng1 VCoacespoouvnceATR 36118\Final Map\Sec1eiq•ACen5tn1Ctien Aptecncnt.duc 3 The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall be at the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs may be erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this L day of NY, t 20j.�_. SIGNED:` (Type Namelntle)JR C116h,b Pr S. vP (om wt nnI` pevA)?vnevl FOR: _�,qdu- - "DAPS -(Name of Company on above line) CITY OF LAKE ELSINORE BY: Grant M Yates, City Manager CITY OF LAKE ELSINORE ATTEST: Susan M Domen, City Clerk CITY OF LAKE ELSINORE U:\engr\Correspondence\TR 36118\Fina]. Map\Security\Construction Agreement.doc 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 c�e.�u°-r,��mcmzr„ccsrrs>hcrxsrryec:emW.ccetrize�er.•et:�,rc�rr�aerrv�>xraxrastei�aaec,,:crree�•sscers2ruu�u A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On A20_11, 2016 before me, Ana, E. Chavez Perez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is/am subscribed to the within instrument and acknowledged to me that he1AA)Wt *y executed the same in hIS/,Ik3N0mir authorized capacity0m), and that by hisAh'WO00ty signatureO on the instrument the person(R), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANA CCMAVEZPEREZ WITNESS my hand and official seal. WrARY PUBLIC - CALIFORNIA r m COMMISSION # 2107702 RiYEFISIDE COVNi'Y MyComm.Exp.ApriI19,20f9 Signature ._ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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U) CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS FOR THE MONTH ENDING MARCH 31. 2016 DIVERSIFICATION TYPES OF SECURITIES PERCENTAGE U.S. Treasury Bills 0.00% U.S. Treasury Bond / Note 30.42% Current Balance Municipal Bond I Note 0.61% Current Balance Federal Agency Collaterized Mortgage Obligation Current Balance Federal Agency Bond / Note Current Balance Banker's Acceptance Certificates of Deposit Current Balance Negotiable Certificates of Deposit Commercial Paper Corporate Note Current Balance Repurchase Agreements Reverse Repurchase Agreements LAIF (Local Agency Investment Fund) Current Balance CAMP - Pooled Sweep Account Current Balance TOTAL 1.25% 11.33% 0.00% 9.44% 0.00% 0.00% 16.01% 0.00% 0.00% MAXIMUM PERCENTAGE UNLIMITED UNLIMITED $ 17,569,230 UNLIMITED $ 350,632 40.00% $ 722,154 UNLIMITED $ 6,544,684 40.00% 25.00% $ 5,450,000 30.00% 15.00% 30.00% 9,245,282 UNLIMITED 20.00% 30.77% UNLIMITED $ 17,773,798 0.17% UNLIMITED $ 98,537 100.00% $ 57,754,318 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 *Totals include the Housing and Successor Agency CAMP Portfolios. CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF MARCH 31, 2016 FUND NO FUND NAME AMOUNT 366 CFD 2005-6 City Center Townhomes Debt Service Fund 95,465 367 CFD 2005-3 Summerly Debt Service Fund 151,527 368 CFD 2006-2 Viscaya Debt Service Fund 177,195 369 CFD 2004-3 Area 1 Rosetta Canyon Debt Service Fund 406,731 371 CFD 2005-1 Serenity Debt Service Fund 280,720 372 CFD 2005-2 Alberhill Ranch Debt Service Fund 724,083 374 CFD 2005-4 Lakeview Villas Debt Service Fund 48,267 375 CFD 2006-4 Tract No. 30698 & 32129 Debt Service Fund 25,624 376 CFD 2006-3 La Strada Debt Service Fund 25,394 377 CFD 2006-6 Tessara Debt Service Fund 13,954 378 CFD 2006-8 Tract No. 31957 Debt Service Fund 44,891 384 CFD 2003-2 Area B Canyon Hills Debt Service Fund 562,870 385 CFD 2004-3 Area 2 Rosetta Canyon Debt Service Fund 586,452 386 CFD 2007-4 Mekenna Debt Service Fund 7,919 387 CFD 2007-5 Red Kite Debt Service Fund 64,475 388 CFD 2007-6 Holiday Inn Debt Service Fund 3,686 389 CFD 88-3 (2008A) West Lake Elsinore Debt Service Fund 1,037,638 390 CFD 2003-2 Area C Canyon Hills Debt Service Fund 28,362 392 CFD 95-1 City Center Debt Service Fund 97,230 393 AD 93-1 Debt Service Fund 368,426 394 CFD 2005-5 (2012A) Wasson Canyon Debt Service Fund 297,682 510 Successor Agency RDA Area 1 527,527 520 Successor Agency RDA Area 11 2,260,928 530 Successor Agency RDA Area 111 1,173,755 540 Successor Area RDA Diamond Stadium 2,049,441 604 Endowment Trust Fund 11,056 605 Public Improvement Trust Fund 835,708 606 Mobile Source Air Polution Reduction Fund 201,537 608 Trust Deposit & Pre Paid Expense Fund 5,557,071 617 Successor Agency Housing Fund 11,499,228 620 Cost Recovery System Fund 1,060,832 631 Lake Destratification Equipment Replacement Fund 178,734 655 CFD 2015-1s Law, Fire, Paramedic Services 20,000 723 LEPFA 2008 Series A 3,584 731 LEPFA 2011 Series B 2,709 734 LEPFA 2013 Series C 408,826 780 LEPFA General 93,336 Total Pooled Cash & Investments $ 59,973,844 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF MARCH 31, 2016 FUND NO FUND NAME 100 General Fund 101 Supplemental Law Enforcement Fund 104 Traffic Offender Fund 106 Affordable Housing In Lieu Fund 107 Developer Agreement Revenue 110 State Gas Tax Fund 112 Measure A Fund 114 SBI 186 CASP Education Program Fund 115 Traffic Safety Fund 116 City Hall -Public Works DIF Fund 117 Community Center DIF Fund 118 Lake Side Facility DIF Fund 120 Camino Del Norte DIF 121 T.R.I.P.-2014A 135 Lighting & Landscape Maintenance Fund - Dist. No. 1 140 Geothermal Fund 155 CSA152 -- N.P.D.E.S. 201 Street C.I.P. Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 211 Storm Drain C.I.P. Fund 221 Quimby Park C.I.P. Fund 231 Library C.I.P. Fund 232 City Fire Protection Fund 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 268 CFD 2006-2 Viscaya Improvement 271 CFD 2005-1 Serenity Improvement 310 Support Service 320 Facilities Service 331 CFD 2006-1 CC Summerly Improvement Area CC 332 CFD 2006-1 Improvement Area B, Summerly 333 CFD 2015-3 Terracina 334 CFD 2015-5 Trieste - Far West Industries 342 CFD 2007-5 Red Kite Service Fund 343 CFD 2006-2S Viscaya Services 344 CFD 2005-2 Alberhill Ranch Services Fund 345 CFD 2003-2S Improvement Area D, Canyon Hills 346 CFD 2014-1 Southshore Debt Service Fund 347 CFD 2006-1 Improvement Area A, Summerly 348 CFD 2003-2 Improvement Area C, Canyon Hills 349 CFD 88-3 (20138) Debt Service Fund 350 CFD 98-1 Summerhill Debt Service Fund 352 AD 86-1 Debt Service Fund 354 CFD 90-2 Successor RDA Debt Service Fund 357 CFD 2003-2 Canyon Hills Debt Service Fund AMOUNT 4,876,249 8,333 6,009 2,720,869 1,349,434 2,002,655 1,378,136 5,155 66,332 1,073, 555 463,762 787,966 36,662 632,008 469,578 19,649 104,038 98 805 3,525,569 3,534,342 36,332 1,670, 285 137,672 126,253 217 171 280,528 120,551 8,709 24,813 25,664 45,000 1,930 21,090 58,812 436,083 62,281 49,370 87,757 58,862 494,560 655,956 1,144,188 432,693 CITY OF LAKE ELSINORE LOCAL AGENCY INVESTMENT FUND TRANSACTION SUMMARY FOR THE MONTH ENDING MARCH 31, 2016 Yield Purchase Date Maturity Rate 0.506% Daily 24 -Hour Agency Beginning Balance Net Increase/(Decrease) Ending Balance City $ 17,353,747 $ - $ 17,353,747 City for the PFA $ 329,606 $ - $ 329,606 Successor Agency $ 90,445 $ - $ 90,445 Total Investments Held with Local Agency Investment Fund: $ 17,773,798 $ - $ 17,773,798 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF MARCH 31, 2016 BANK DEPOSITS OUTSTANDING BOOK CASH ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank Accounts: General Checking Account $ 2,577,973 $ 87,247 $ (465,257) $ 2,199,963 Cash On Hand: Cashier Drawers #1 & #2 - - - 300 City of Lake Elsinore Petty Cash Fund - - - 1,000 Total Cash Accounts 2,577,973 87,247 (465,257) 2,201,263 INVESTMENTS City Investments: City Local Agency Investment Fund 17,353,747 - - 17,353,747 City Local Agency Investment Fund for the PFA 329,606 - - 329,606 City CAMP Investments: CAMP Pool Account 40,950 - - 40,950 U.S. Treasury Bond / Note 12,221,996 - - 12,221,996 Municipal Bond / Note 290,464 - - 290,464 Federal Agency Collateralized Mortgage Obligation 530,253 - - 530,253 Federal Agency Bond / Note 4,810,192 - - 4,810,192 Corporate Note 7,164,531 - - 7,164,531 Certificate of Deposit 4,650,000 - - 4,650,000 Housing CAMP Investments: Housing CAMP Pool Account 12,424 - - 12,424 Housing U.S. Treasury Bond / Notes 2,505,483 - - 2,505,483 Housing Municipal Bond / Notes 30,084 - - 30,084 Housing Federal Agency Collateralized Mortgage 95,951 - - 95,951 Housing Federal Agency Bond / Notes 829,781 - - 829,781 Housing Corporate Notes 1,164,851 - - 1,164,851 Housing Certificate of Deposit 400,000 - - 400,000 Successor Investments: Successor Local Agency Investment Fund 90,445 - - 90,445 Successor CAMP Investments: Successor CAMP Pool Account 45,163 - - 45,163 Successor U.S. Treasury Bond / Notes 2,841,750 - - 2,841,750 Successor Municipal Bond / notes 30,084 - - 30,084 Successor Federal Agency Collaterized Mortgage 95,951 - - 95,951 Successor Federal Agency Bond / Notes 904,711 - - 904,711 Successor Corporate Notes 915,899 - - 915,899 Successor Certificate of Deposit 400,000 - - 400,000 Sub -total Investments 57,754,318 - - 57,754,318 Market Value Adjustment: Unrealized Gain/ (Loss) at 06-3015 City 4,631 Unrealized Gain/ (Loss) at 06-30-15 SARDA 13,632 Total Unrealized Gain/ (Loss) at 06-30-15 per GASB 31 18,263 Total Investments 57,772,581 Total Pooled Cash and Investments $ 60,350,553 $ TOTAL POOLED CASH AND INVESTMENTS 4,631 13,632 18,263 57,772,581 87,247 $ (465,257) $ 59,973,844 _L5 9,973,844 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 9, 2015. 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 April 18, 2016 Director of Administrative Services Date CITY OFi, LADE C�JLSINORE DREAM EXTREME - CITY OF LAKE ELSINORE INVESTMENT REPORT CITY OF int LADE LSIMORE % � DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: APRIL 26, 2016 SUBJECT: INVESTMENT REPORT FOR MARCH 2016 Recommendation Receive and file the Investment Report for March 2016. Discussion The Investment Report is a listing of all funds invested for the City as of the date shown on the report. Prepared By: Andrew Zavala Account Specialist II Approved By: Jason P. Simpson Director of Administrative Services Approved By: Grant M. Yates City Manager Attachments: Investment Report for March 2016 G et h til fi<'•i+,l; rq Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 16-174 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 4/21/2016 APRIL 1-1, 2016 CITY O F 1LA K E E LSIDNORIE WARRANT 11s r CHECK# Vendor Name Amount DFT0000743 PAYCHEX OF NEW YORK, LLC 439.07 DFT0000744 CALPERS 28.613.88 DFT0000745 CALPERS DFT0000746 CALPERS DFT0000747 CALPERS GRAND TOTAL 4/19/2016 Warrant 04 14 16 City 4 OF 4 121 1,356, 931.64 APRIL 11, 2016 CFFY OF 1LAKIE ELSINORE WARRANT LIST CHECK# Vendor Name Amount 125682 GMS ELEVATOR SERVICES, INC. 95.00 125683 LORENA HANCOCK 6,865.50 125684 HEFINGTON MARTIAL ARTS 262.50 125685 HORIZON SOLAR POWER 187.88 125686 HR GREEN CALIFORNIA, INC. 59 061.90 125687-125688 IMPACT PROMOTIONAL PRODUCTS 2,066.15 125689 INNOVATIVE DOCUMENT SOLUTIONS 2,527.66 125690 IRON MOUNTAIN, INC. 16.10 125691 JOE'S HARDWARE 16.19 125692 KPA, LLC 4,562.00 125693 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 209.25 125694 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 4,333.00 125695 MAILFINANCE INC. 565.64 125696 MORROW PLUMBING 1,080.06 125697 MSA INLAND EMPIRE/DESERT CHAPTER 300.00 125698 NATIONAL STORMWATER CENTER 1,548.00 125699 NEOPOST USA, INC. 2,005.00 125700 ONESOURCE DISTRIBUTORS, LLC 222.09 125701 PRUDENTIAL OVERALL SUPPLY 7.34 125702 RIVERSIDE COUNTY HABITAT 15,975.00 125703 ROBBINS PEST MANAGEMENT, INC. 220.00 125704 JOSUE DANIEL SAAVEDRA 114.99 125705 SCW CONTRACTING CORPORATION 25,650.00 125706-125710 SOUTHERN CALIFORNIA EDISON CO. 6,942.66 125711 SOUTHERN CALIFORNIA GAS CO. 414.08 125712 STAPLES BUSINESS ADVANTAGE 67.00 125713 STAUFFER'S LAWN EQUIPMENT648.78 125714 SUN PAC CONTAINERS 160.00 125715 TARGET SPECIALTY PRODUCTS 110.89 125716 BRIAN TISDALE 172.50 125717 TULIPS TROPHIES & TREASURES 14.04 125718 TYLER TECHNOLOGIES, INC. ------7,272.18 125719 UNITED TOWING SERVICE, INC. 65.00 125720 URBAN FUTURES, INC 5 100.00 125721 VANGUARD REALTY ADVISORS, LLC 4,200.00 125722 VENUS PRINTING 356.40 125723 VERIZON WIRELESS (#l) 2,052 54 125724 VERIZON WIRELESS (#2) -- 3,615.89 125725 VISION TECHNOLOGY SOLUTION, LLC 200.00 125726 VULCAN MATERIALS COMPANY 399.64 125727 WAXIE SANITARY SUPPLY 125728 WEBER'S PLUMBING 125729 WEST COAST ARBORISTS. INC. 125730 WEST COAST SERVICES 125731 GRANT YATES DFT0000729 TASC 4/19/2016 Warrant 04 14 16 City 3 OF 4 3,062.23 37.620.00 565.00 1.773.49 A1iUL14,20;16 clf`ry OF LAKE ]EILSINO]R]E WARRAN-FLIsT CHECK# Vendor Name Amount 125629 STUDIO 395 FOUNDATION, INC 9,750.00 125630 SUN PAC CONTAINERS 125631 SUSTAINABLE CIVIL ENG SOLUTIONS T & B PLANNING. INC. 125633 TERRA COTTA PARTNERS, LLC 115.00 745.65 571.85 125634 TIME WARNER CABLE 241 99_ 125635 VARSITY GYMNASTICS, LLC 3,284.25 125636-125638 VERIZON CALIFORNIA, INC. 3,052.20 125639 VIEVU, LLC 1,048.26 125641 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 272,005.79 125642 WILLDAN 28,184.28 125643 WILLIAMS BAIT & TACKLE, INC. 3,657.00 125644 WONDRIES FLEET GROUP 52,552.15 125645 JOY ZEMBRUSKI 390.00 125646 ACTION GAS & WELDING SUPPLY 37.99 125647 ANIMAL FRIENDS OF THE VALLEY 20,131.00 125657 BANK OF AMERICA, CITY 1,863.20 125658 BANK OF AMERICA CITY 426.60 125659 BANK OF AMERICA, CITY 1,349.00 125660 BANK OF AMERICA, CITY 639.65 125661 BANK OF AMERICA, CITY 91.15 125662 CA BUILDING STANDARDS COMMISSION 985.00 125663 CALIFORNIA DIVISION OF THE STATE ARCHITECT 186.00 125664 CANON FINANCIAL SERVICES, INC. 466.80 125665 COUNTY OF RIVERSIDE, EXECUTIVE OFFICE 1,343.49 125666 DEPARTMENT OF CONSERVATION 5,220.95 125667 DEPT. OF HOUSING & COMMUNITY DEVELOPMENT 48.00 125668 DIRECTV 117.98 125669 DISCOUNT HAULING & CLEANUP SERVICE 1,200.00 125670 CAROLE DONAHOE A.I.C.P. 2,025.00 125671 DOWNS COMMERCIAL FUELING, INC. 3,754.11 125672 DUNBAR ARMORED, INC. 316.97 125673-125674 E V M. W. D. 6,094.47 125675 EDMONDSON CONSTRUCTION, INC. 144,235.00 125676 ELROD FENCE CO 7,995.00 125677 ENDRESEN DEVELOPMENT, LLC 515.00 125678 CHRIS ERICKSON 85.70 - 125679 EVERGREEN CLEANING SOLUTIONS 3,865.00 125680 EXCEL LANDSCAPE, INC. 700.00 125681 FERGUSON WATERWORKS 684.71 4/19/2016 Warrant 04 14 16 City 2 OF 4 APRIL 14, 2016 C11i['Y OF LAKE ELSINORE WARRANT L. Sl. CHECK# Vendor Name Amount 125573 BIO-TOX LABORATORIES $ 21188.34 125574 YARABITH BUENFIL 1,683.00 125575 CALIFORNIA BUILDING OFFICIALS 215.00 125576 125577 CALIFORNIA STATE DEPARTMENT OF JUSTICE CDW GOVERNMENT, INC. 315.00 1.663.11 125578 CENTURY LINK 36.82 125579 CODE PUBLISHING C MPANY 374.20 125580 MARIA JAZMINE DELONE 5,102.50 125581 DIAMOND ENVIRO_ NMENTAL SERVICES 74.20 125582 MARGARET ANN DRAKE 126.75 125583-125585 E V M. W. D. 6,361.69 125586 ENVIRONMENTAL SCIENCE ASSOCIATES _ 2,274.00 125587 FEDERAL EXPRESS CORPORATION EXPIRES 149.72 125588 LORENA 5,808.75 125589 HARDY & HARPER, INC 47,210.52 125590 INTERNATIONAL WATER SKI RACING ASSOCIATION 1,000.00 125591 JIVE COMMUNICATIONS, INC 2,064.78 125592 JOHN MCGIRR, CMRTA STATE TREASURER 110.00 125593 KB HOME COASTAL, INC. 152.75 125594 LEISURE INTERACTIVE, LLC 260.86 125595-125597 LOWE'S HOME CENTERS, INC 2,185.15 125598 MCMILLIN SUMMERLY, LLC 450.00 125599 MOTOPORT USA 1,125.10 125600 OFFICE MAX INCORPORATED _ _ 636.73 125601 _ PETTY CASH 743.54 125603 PREMIER PARTY & TENT RENTALS 1.016.55 125604 THE PRESS ENTERPRISE 1,026.00 125605 _..._ PROSTAFF LLC - --_- _ - -- ...___..------- 7,885.00 125606 PRUDENTIAL OVERALL SUPPLY _......_.------ 14.68 125607 REC1 264.77 125608 REGIONAL CONSERVATION AUTHORITY 32,427.60 125609 RHA LANDSCAPE ARCHITECTS -PLANNERS, INC. 450.00 125610 RIGHTWAY SITE SERVICES, INC. 113.60 125611 RIVERSIDE COUNTY INFORMATION TECH 1,071.70 125612 ROBBINS PEST MANAGEMENT INC. 165.00 125613 DARLENE RUIZ 85.00 125614 RUTAN & TUCKER, LLP 4,825.46 125615 EDGAR SALAS 352.00 125616 SB&O, INC. _ 1,200.00 125617 SOCAL MATTRESS 2,678.40__ 125618 SOLARCITY 230.07 125619 SOLARCITY 230.07 125620-125625 SOUTHERN CALIFORNIA EDISON CO. 55,646.60 125626 ST. PAUL'S CITY CHURCH 500.00 125627 STAPLES BUSINESS ADVANTAGE 320.49 125628 STK ARCHITECTURE INC 3,520.50 4/19/2016 Warrant 04 14 16 City 1 OF 4 APRTl.1.1.20,16 CFEY OF .LAKE E'LSINORE WARRANT 305 INFORMATION SYSTEMS SUMMARY FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 738,104.82 110 STATE GAS TAX FUND 1,218.22 114 SB1186 CASP EDUCATION PROGRAM 186.00 118 LAKESIDE FACILITIES DIFF FEE 332.50 130 35 LIGHTING/LANDSCAPE MAINTENANCE FUND LIGHTING, LANDSCAPE, MAINTENANCE DIST FUND 81,311.47 5.832.06 211 STORM DRAIN C.I.P. 152.75 305 INFORMATION SYSTEMS 16,233.46 310 SUPPORT SERVICE 6,636.16 315 FLEET 61,873.92 320 FACILITIES 2003-2 B CANYON HILLS IMPROVEMENT 16,8-2-9.13 331 C.F.D. 2006-1 CC SUMMERLY IMPROVEMENT 1,750.00 332 C.F.D. 2006-1B SUMMERLY IMPRVMNT AREA B DEBT SVC FUND 1,750.00 343 C.F.D. 2006-2S VISCAYA DEBT SERVICE FUND 1,287.50 344 C.F.D. 2005-25 ALBERHILL RANCH DEBT SERVICE FUND 1,547.50 345 C.F.D. 2003-2 D CANYON HILLS IMPROVEMENT 1802.50 347 C.F.D. 2006-1 A SUMMERLY IMPROVEMENT AREA A 4,946.25 349 C.F.D. 88-3 WEST LAKE ELSINORE SERIES B DEBT SVC FUND 5,125.00 350 C.F.D. 98-1 SUMMERHILL 1 802.50 354 C.F.D. 90-2 TUSCANY HILLS DEBT SERVICE FUND 5,125,00 357 C.F.D. 2003-2 A CANYON HILL IMPROVEMENT 2,317 50 366 C.F.D. 2005-6 CITY CENTER TOWNHOMES DEBT SERVICE FUND 1,287.50 367 C.F.D. 2006-15 SUMMERLY DEBT SERVICE FUND 1,287.50 368 C.F.D. 2006-2 VISCAYA 1,287.50 369 C.F.D.2004-31A-1ROSETTACANYON IMPROVEMENT 2,060.00 371 C.F.D. 2005-1 SERENITY 1,750.00 372 C.F.D. 2005-2A ALBERHILL RANCH DEBT SERVICE FUND 1,802.50 373 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND 1 287.50 374 C.F.D. 2005-4 LAKEVIEW VILLAS DEBT SERVICE FUND 625.00 375 C.F.D. 2006-4 CLURMAN DEBT SERVICE FUND 625.00 376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND 625.00 377 C.F.D. 2006-6 TESSARA DEBT SERVICE FUND 625.00 378 C.F.D. - - - -- - - - --- 2006-8 RUNNING - DEER ESTATES DEBT - SERVICE FUND- 625.00 384 C.F.D. 2003-2 B CANYON HILLS IMPROVEMENT 5,665.00 385 C.F.D. 2004-3 A2 ROSETTA CANYON IMPROVEMENT DEBT SVC FUND 2,317.50 386 C.F D 2007-4 MAKENNA COURT DEBT SERVICE FUND 625.00 387 C.F.D. 2007-5 RED KITE DEBT SERVICE FUND 1,250.00 390 C.F.D. 2003-2 CANYON HILLS IMPROVEMENT 5,125.00 392 C.F.D. 95-1 CIVIC CENTER 1,287.50- 287.50393 393 A.D. 93-1 COTTONWOOD HILLS DEBT SERVICE FUND 7,725.00 394 C.F D. 2005-5 WASSON CANYON DEBT SERVICE FUND 1,287.50 500 CAPITAL IMPROVEMENT PLAN 326,792.94 608 TRUST DEPOSITS 16 140.00 617 SARDA HOUSING 116H.00 620 COST RECOVERY TRUST DEP 11,424.43 650 C.F.D. 2003-1S LAW, FIRE,PARAMEDIC DEBT SERVICE FUND 1,547.50 651 C.F.D. 2006-5S PARK,OPEN SPACE & STORM DRAIN DEBT SVC FUND 1,250.00 652 C.F.D. 2007-1S LAW,FIRE,PARAMEDIC DEBT SERVICE FUND 1 250.00 653 C.F.D. 2009-15 PARK,OPEN SPACE, STREET LIGHTING DEBT SVC FUND 1,250.00 654 C.F.D. 2003-2 FIRE TAX DEBT SERVICE FUND 1,287.50 GRAND TOTAL $ 1,356,931.64 4/19/2016 Warrant 04 14 16 City 1 of 1 CITY O LAVLU-�J LSIT` ORE ` Dr TEAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: APRIL 26, 2016 SUBJECT: Warrant List dated April 14, 2016 Recommendation Receive and File the Warrant List dated April 14, 2016. 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 - SR Warrant - Exhibit A Warrant - Exhibit B LU v L LL. 0 U w O i) J Q LL. v p[ T O A C � t 0 V = U N O bjO N Y i . � i > v K N O UI C roo OC O G ~ dO m � R N L R L U = m 3a a m c E � F N N C y c0 H J N O oco 41 m N 7 C WC + d a m c�'o U oho i o� O N"m L tic= f I1J R m O1 m N C v �m L U > N Q C C J O N C L 7 L 3 N + C v � m m �a F 3 R O � c O 'Yj W m N 3 LO V wj\ ;g )E E k� ,o) �§-LLm R ]) f � e ,�=l�2e] LL §§2)J3/« mv c U v O v � 6211M. r. R Y n 9 4 O OW -4 ti L O1 ti ti 0 I� M V Y N O `m..� N O u H > m x a o v I I � o m m LL N cL G N � o m o en ti �n v LL co fLC N o N N h l p H Q � � 1 N � 1{� 1 u � �c io 0 O N N I c 4+ u 0 LO a Y V Y N N ♦' A Y m Y ` C 0 o �' > o. 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N (D C ,Q 6 7 � Z N 3 Q � Q L R O O 3 � � L r 0 y N � � N c � w E Z +7 0 0 E CD Q rn r N L M o m 7 L L IL E 3 Z C Co TO> d c an d > U� c 0 c Q � 0 oOH NJ .N I aam` J 3 o U N U d X W M .. T O V N Q O C N l0 (OLO E N= Z 0 U O' �% U). (0 0 N N o(O �O_ N V E NN�LM W Co o n� a mi`-orn T ¢j N �_ N N N m N Q (n_ N Z a E c N E 00 J E f6 ci N N N 0) N N N O 'C C .Q N c pNj N 0) W W m Q N a� h� 2F a Z N Q� C Q C N d J � Ya a safety. The Mayor then led everyone on the three mile roundtrip trek up to Canyon Hills Park and back before enjoying a refreshingly healthy juice at Juice -it Up, while Juice -it Up taught everyone about the tricks of the trade and benefits of juicing. The event attracted over 30 participants of all ages and abilities. VOLUNTEERS We have already had a total of 13 volunteer applications this year. Several volunteers help with the preparations for the Egg Hunt and on the day of the Children's Fair. We are currently recruiting for the following departments: Community Service and Public Works/Engineering. participation, The "Fit after 50" exercise program averaged 20 participants daily, the County Lunch program served an average of 28 people per day, the bridge, bingo and art programs hosted holiday parties of their own with above average attendance. The volunteers noted over 200 walk-in visitors who are not traditional participants but instead are searching for information and resources. The County tax program has been keeping the facility and staff busy as well with most days the service catering to more than a dozen participants. LA LAGUNA RESORT AND BOAT LAUNCH With the weather maintaining, the campground experienced a consistent number of weekend campers utilizing the facilities. Boat launching also stayed steady and publicity to promote the National Waterski and Jet Boat Competition of April 2nd and 3rd was distributed to boaters and campers. Campground staff continue to improve the grounds in preparation for a busy season. SPECIAL EVENTS March was an eventful month with multiple events targeting a variety of age groups. The following is a synopsis of all the action: March 19, 2016 Cottonwood Canyon HOA hosted their annual Egg Hunt Festival at Creekside Park from 10 am to 2 pm with 200 people in attendance. March 19, 2016 The Blacklight Run returned for their second year at the Diamond Stadium with over 4,000 people in attendance. Participants were able to enjoy a 3 -mile course that had them glowing! March 26, 2016 The Community Services Department hosted their annual Children's Fair and Egg Hunt from 10 am to 2 pm at McVicker Canyon Park. Over 5,000 people were able to enjoy an egg hunt that featured 8,000 eggs with 24,000 pieces of candy and a fair that included entertainment provided by our classes at the Lake Community Center, non-profit booths with free activities for the kids, food vendors and jumpers. Prizes were donated by Shore Pointe Equity Management and included gift cards to Toys R Us, Amazon, Regal Movie Theater, McDonalds, Target and Denny's. We had over 25 volunteers assisting during the egg hunt and 5 that stayed to assist as the Easter Bunny and event help during the fair. March 26, 2016 The Dream Center hosted their annual Egg Hunt at City Park with over 150 people in attendance from 11 am to 1 pm. March 26, 2016 On March 261h, the Mayor hosted his third Healthy LE end of the month challenge in Canyon Hills. The event kicked off with DB Fitness hosting a 10 minute warm-up aimed at physical COMMUNITY SERVICES DEPARTMENT AGENDA REPORT TO: Grant Yates, City Manager FROM: Johnathan O. Skinner, Community Services Director DATE: April 26, 2016 SUBJECT: Community Services Department Monthly Report PREPARED BY: Audrey Young, Management Analyst RECOMMENDATION: Receive and file BACKGROUND: The following provides a summary of the Community Services Department's programs, activities and events for March 2016. ARTS AND CULTURE The Arts and Culture Subcommittee met to further discuss a potential License Agreement to operate an Arts and Culture Facility at the west end of Main Street. Studio 395 Foundation proposes to host workshops, artist work stations and a variety of events that will promote arts and culture along Main Street and hopefully become an economic development catalyst for the area. COMMUNITY CENTER AND RECREATION The Community Center was packed full this March with lots of visitors attending classes including, Zumba, Tae Kwon Do, Self Defense, Cheerleading, Ballet, Early Learners, and Gymnastics. The Community Center continued its spring trend of over 6,000 visitors in March and the McVicker Skate Park hosted one private rental. The Community Center and Staff are working on our new seasonal class brochure and excited to have a fun filled summer with lots of programs. The recreation program software collected $26,400 in recreation class fees in March. SENIOR CENTER The Senior Activity Center kept busy this March with more trips and a couple parties! The first of our two parties was a St. Patrick's Day party with fun games, brain teasers, music, a free raffle, and "Potty Golf." Our other party was a more formal Spring Party complete with a catered lunch and a mock game show "Not the Price is Right." We really had a lot of fun guessing and playing the game, and the food from Thomas Catering was delicious. Our local BINGO group helped sponsor the Spring Party and Continental Real Estate sponsored the dessert at the St. Patrick's Day Party. Consistent programs at the Senior Center saw steady Weed Abatement City Lots Cleaned 4 9 days Trees Trimmed 110 113 Illegal Dumping Clean-ups 6 8 Shopping Carts Picked Up 2 4 Checked all Landscaped areas for Major Issues 0 0 Removed Illegal Signs 15 12 FacilitiesDivision - Service Calls City Hall 27 29 P.W. Yard 3 23 Cultural Center 8 11 Community Center 2 6 Senior Center 3 7 Tiny Tots 0 0 Chamber Building 2 0 Station 85 2 2 Station 94 1 3 Station 97 0 2 Parks 35 Lakes 3 CI'CY L (A I -E L S 11`{ C7) R,I✓ '✓�`N� ti A14 IXI III 1,1I CITY OF LAKE ELSINORE MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: APRIL 26, 2016 SUBJECT: MONTHLY PUBLIC WORKS SUMMARY APRIL 2016 Public Works Street Maintenances March Aril Pot Hole Repairs 152 64 Drain Inspections 32 29 Storm Drains Cleaned 32 42 Illegal Dumping Clean-ups 64 9 Signs Installed 5 68 Sign Repairs 51 0 Sidewalk Repairs (Square Ft 0 0 Curb & Gutter Repairs Linear Ft 0 0 Removed Illegal Signs 11 18.36 Area Sprayed With Herbicide in acres 0 85 Shopping Carts Pick -Ups 24 0 Trimmed Trees Various Locations 7 33 Removal of Road Hazards 6 .5 Heatwurx Repair Unit 10 6 Vehicle Maintenance Vehicle Repairs 15 14 Vehicle Service 2 3 Alignments 0 0 Tire Installation & Repairs 12 18 Small Equipment Repairs 7 4 Service Calls 9 12 Mufflers & Tailpipes 0 0 Body Shop Repairs 0 0 Trailers Repaired 10 6 Batteries & Jump Starts 8 7 Boat Repairs 7 9 Heavy Equipment Repairs 13 16 Vehicle Maintenance Program Fleet 2000 0 0 Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 1) City of Lake Elsinore Text File File Number: ID# 16-172 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 4/21/2016 City Council Regular Agenda April 26, 2016 PUBLIC COMMENTS — NOWAGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) /,1111:6111:1011 ITI I =Uftt The Lake Elsinore City Council will adjourn this meeting to the next regular meeting of Tuesday, May 10, 2016. 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. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, 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. Susan M. Domen, MMC City Clerk City of Lake Elsinore Page 9 Printed on 412112016 City Council Regular Agenda April 26, 2016 Attachments: EOT 33725 - SR EOT 33725 - Exhibit A Resolution EDT 33725 - Exhibit B Conditions of Approval EOT 33725 - Exhibit C CofA Acknowledgement EDT 33725 - Exhibit D Vicinity Map EOT 33725 - Exhibit E Aerial Map EOT 33725 - Exhibit F TTM 33725 19) Specific Plan Amendment 2016-01 and Tentative Tract Map 31920 Revision: A Proposed Errata to the East Lake Specific Plan Amendment No. 6 and a Revision to Tentative Tract Map 31920 (APN 371-270-004) Recommendation., adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2016-01; and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFIORNIA, APPROVING THE REVISION TO TENTATIVE TRACT MAP NO. 31920. Attachments: SPA 2016-01 - SR SPA 2016-01 - Exhibit A SPA RESO SPA 2016-01 - Exhibit B TTM RESO SPA 2016-01 - Exhibit C COA SPA 2016-01 - Exhibit D School District Letters SPA 2016-01 - Exhibit E Vicinity Map SPA 2016-01 - Exhibit F Aerial Map SPA 2016-01 - Exhibit G ESLP #6 Errata SPA 2016-01 - Exhibit H Tentative Tract Map 31920 Modifications BUSINESS ITEM(S) 20) Declaring the Election Results for CFD 2015-2 (Maintenance Services) and Authorizing the Levy of Special Taxes Recommendation: 1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THE ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES); and, 2. Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES Attachments: CFD 2015-2 SR CFD 2015-2 Exhibit A Resolution CFD 2015-2 Exhibit B Waiver and Ballot CFD 2015-2 Exhibit C Ordinance City of Lake Elsinore Page 8 Printed on 412112016 City Council Regular Agenda April 26, 2016 Attachments: CDR 2015-07 - SR CDR 2015-07 - Exhibit A MSHCP Resolution CDR 2015-07 - Exhibit B CDR Resolution CDR 2015-07 - Exhibit C Conditions of Approval CDR 2015-07 - Exhibit D Vicinity Map CDR 2015-07 - Exhibit E Aerial Map CDR 2015-07 - Exhibit F Design Review Package 17) Residential Design Review No. 2016-03: A request by Woodside Homes for the Approval of Building Design and Construction of 59 Single Family Residential Units Located within Tract 31920-09 of the Summerly Development of the East Lake Specific Plan (APN: 371-040-011) Recommendation: adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT RESIDENTIAL DESIGN REVIEW NO. 2016-03 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFNORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2016-03, PROVIDING BUILDING DESIGNS FOR 59 SINGLE-FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS, FOR TRACT NO. 31920-09, LOCATED IN THE SUMMERLY DEVELOPMENT Attachments: RDR 2016-03 - SR RDR 2016-03 - Exhibit A MSHCP Resolution RDR 2016-03 - Exhibit B CDR Resolution RDR 2016-03 - Exhibit C Conditions of Approval RDR 2016-03 - Exhibit D Vicinity Map RDR 2016-03 - Exhibit E Aerial Map RDR 2016-03 - Exhibit F Design Review Package PUBLIC HEARING(S) 18) Extension of Time for Tentative Tract Map No. 33725 a Request for Approval of a Three (3) Year Extension of Time for Tentative Tract Map No. 33725, a Subdivision of 52.7 Acres into 221 Single Family Residential Lots, Located in the Ramsqate Specific Plan, South of Little Valley Road, North of Scenic Crest Drive. West of Greenwald Avenue and East of Grassy Meadow Drive (APNs:349-240-006 -043 thru -047, -054 thru -056, 349-380-024 and -025); (Applicant: SPT-AREP III Tuscany Associates LLC. c/o Shopoff Realty Investments) Recommendation: adopt A Resolution of the City Council of the City of Lake Elsinore, California, Approving AN EXTENSION OF TIME FOR THREE (3) YEARS FOR TENTATIVE TRACT MAP NO. 33725. City of Lake Elsinore Page 7 Printed on 4/21/2016 City Council Regular Agenda April 26, 2016 Attachments: MBI SR 3rd Street Drainage Amendment 1 MBI Amendment No 1 MBI EXECUTED Agreement 13) Amendment No. 1 to the Professional Services Agreement (PSA) with Michael Baker International for Design of the CDBG and Senate Bill (SB) 821 Curb, Gutter, and Sidewalk Project Recommendation: Approve and Authorize the City Manager to Execute Amendment No. 1 to the PSA with Michael Baker International for the CDBG and SB 821 Curb, Gutter, and Sidewalk Project, in an Amount Not to Exceed $7,400, in Substantially the Form Attached and in Such Final Form as Approved by the City Attorney. Attachments: MBI Amendment No 1 - SR MBI Amendment No 1 MBI Agreement 14) Resolution Accepting Funds from the Family Trust of Carl F. Graves and Establishing the Carl F. Graves Scholarship Fund Recommendation: adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACCEPTING FUNDS FROM THE FAMILY TRUST OF CARL F. GRAVES AND ESTABLISHING THE CARL F. GRAVES SCHOLARSHIP FUND Attachments: Establishing Carl Fred Graves Trust - SR Establishing Carl Fred Graves Trust - Exhibit A Reso 15) Assembly Bill (AB) 1600 Annual Report for Fiscal Year (FY) 2014-15 Recommendation: Receive and File the AB1600 Annual Report for FY 2014-15 and Adopt the Findings Set Forth Within the Report which was made Public in January 2016. Attachments: AB1600 SR AB1600 ANNUAL REPORT FY14-15 16) Commercial Design Review 2015-07 - A Request by Elsinore Valley Cemetery for the Approval of a Proposed 7,950 Square Foot New Chapel and Office Located in an Existing Cemetery. Recommendation: adopt A Resolution of the City Council of the City of Lake Elsinore, California, Adopting Findings that Commercial Design Review No. 2015-07 Is Consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), and, adopt Resolution of the City Council of the City of Lake Elsinore, california, Approval of Commercial Design Review No. 2015-07 for the Development of a 7,950 square foot Single Story Chapel and Administrative Office and Related Improvements Located at Assessor Parcel Numbers 377-055-033, 062, 063, and 079. City of Lake Elsinore Page 6 Printed on 412112016 City Council Regular Agenda April 26, 2016 431 10) 11) 12) Final Map 36117, Pardee Homes Recommendation, 1, Approve Final Map No. 36117 Subject to the City Engineer's Acceptance as Being True and Correct; and, 2. That the City Council Authorize the City Clerk to Sign the Map and Arrange for the Recordation of Final Map No. 36117; 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 the City Attorney to Secure Completion of the Monumentation. Attachments: Final Map 36117 -SR Final Map 36117 - Exhibit A Agreement Final Map 36117 - Exhibit B Vicinity Map Final Map 36117 - Exhibit C Index Map Final Map 36118, Pardee Homes Recommendation: 1. Approve Final Map No. 36118 Subject to the City Engineer's Acceptance as Being True and Correct; and, 2. That the City Council Authorize the City Clerk to Sign the Map and Arrange for the Recordation of Final Map No. 36118; 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 the City Attorney to Secure Completion of the Monumentation. Attachments: Final Map 36118 -SR Final Map 36118 - Exhibit A Agreement Final Map 36118 - Exhibit B Vicinity Map Final Map 36118 - Exhibit C Final Map Index Publishing Summary of Ordinances Recommendation: adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE CITY CLERK TO PREPARE A SUMMARY FOR EACH ORDINANCE ADOPTED BY THE CITY COUNCIL AND TO PUBLISH SUCH SUMMARIES IN IN A NEWSPAPER OF GENERAL CIRCULATION Attachments: Ord Synopsis - SR Ord Synopsis - Exhibit A Ord Synopsis - Exhibit B Amendment No. 1 to Professional Services Agreement with Michael Baker International for Third Street Drainage Design Services Recommendation: Approve and Authorize the City Manager to Execute Amendment No. 1 to Michael Baker International, Inc. (MBI) for Third Street Drainage Design Services, in an Amount of $145,583 for a Not to Exceed Contract Amount of $325,599, in Substantially the Form Attached and in Such Final Form as Approved by the City Attorney. City of Lake Elsinore Page 5 Printed on 4/21/2016 City Council Regular Agenda April 26, 2016 5) Waive Further Reading and Adopt by Title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES Recommendation: Adopt the Ordinance. Attachments, Ordinance CFD 2015-1 6) Waive Further Reading and Adopt by Title Only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015.4 OF THE CITY OF LAKE ELSINORE (TERRACINA) AUTHORIZING THE LEVY OF SPECIAL TAXES Recommendation: Adopt the Ordinance. Attachments: Ordinance CFD 2015-4 7) Application and Acceptance of the Homeland Security Grant Program for Fiscal Year 2016/2017 (HSGP-16) Recommendation: 1. Authorize the application and accept the Emergency Services Grant for the Homeland Security Grant Program (HSGP16); and, 2. adopt: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING DESIGNATED CITY EMPLOYEES TO TAKE ACTON NECESSARY FOR OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL GOVERNMENT, DETARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY GRANT PROGRAM FOR FISCAL YEAR 2016/2017 (HSGP-16) Attachments: FY16 HSGP -Staff Report.pdf FY16 HSGP - Exhibit A Resolution.pdf FY 2016 HSGP - Exhibit B - Grant Application .pdf 8) Application and Acceptance of the Emergency Management Performance Grant for FY 2016 / 2017 (EMPG 16) Recommendation: 1. Authorize and Accept the Emergency Management Performance Grant (EMPG16); and, 2. Authorize revenue appropriation of $13,952 to Emergency Services Grant Revenue to offset the EMPG16 expense; and, 3. adopt: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING DESIGNATED CITY EMPLOYEES TO TAKE ACTON NECESSARY FOR OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL GOVERNMENT, DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA, FOR THE EMERGENCY MANAGEMENT PROGRAM GRANT FY 2016/2017 (EMPG 16) Attachments: FY 2016 EMPG - Staff Report.pdf FY 2016 EMPG- Exhibit A - Resolution.pdf FY16 Proposed EMPG - Exhibit B - Application .pdf City of Lake Elsinore Page 4 Printed on 4/21/2016 City Council Regular Agenda April 26, 2016 CLOSED SESSION REPORT/CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS CITY MANAGER COMMENTS 1) Monthly Departmental Reports Attachments: Departmental Monthly Reports 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 in to the City Cleric. 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.) 2) Warrant List Dated April 14, 2016 Recommendation: Receive and File the Warrant List dated April, 14, 2016. Attachments: City Staff Report 4-26-16 Warrant Summary City 04 14 16 Warrant List City 04 14 16 3) City Investment Report for March 2016 Recommendation: Receive and File the Investment Report for March 2016 Attachments: City Investment SR 2016-03 City Investment Report 2016-03 - Exhibit A 4) Waive Further Reading and Adopt by Title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2003-2 (CANYON HILLS) AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN IMPROVEMENT AREA E Recommendation: Adopt the Ordinance. Attachments: Ordinance CFD 2003-2 City of Lake Elsinore Page 3 Printed on 412112016 City Council Regular Agenda April 26, 2016 CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Leibold. v. Coon Superior Court Case No. RIC 1603718 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Coon v. Leibold Superior Court Case No. RIC 1603819 CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Western Riverside Council of Government vs. City of Lake Elsinore Arbitration - REF# 1120012917 [AALRR-Cerritos.006243.00005] CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Gov't Code Section 54956.9: 2 potential case PUBLIC COMMENTS CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS / CEREMONIALS Water Safety Presentation by US Coast Guard Auxiliary Business of the Quarter Citizen of the Quarter Proclamation of National Municipal Clerks Week City of Lake Elsinore Page 2 Printed on 4/21/2016 CICI I Ir Or LAKE LSII`I(IZE City of Lake Elsinore Regular Agenda City Council BRIAN TISDALE, MAYOR ROBERT MAGEE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER STEVE MANOS, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITYMANAGER LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, April 26, 2016 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM PUBLIC SESSION at 7:00 PM 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. City o/ Lake Elsinore Page 1 Printed on 4/21/2016 City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.or9 E.filh> �i,§I fK'h,1i Text File File Number: ID# 16-178 Agenda Date: 4/26/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 7) City of Lake Elsinore Page 1 Printed on 4/21/2016 CITY OF 62 LADE LSIROIJE DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: APRIL 26, 2016 SUBJECT: Application and Acceptance of the Homeland Security Grant Program for Fiscal Year 2016/2017 (HSGP-16) Recommendation 1. Authorize the application and accept the Emergency Services Grant for the Homeland Security Grant Program (HSGP16); and, 2. Adopt: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING DESIGNATED CITY EMPLOYEES TO TAKE ACTON NECESSARY FOR OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL GOVERNMENT, DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY GRANT PROGRAM FOR FISCAL YEAR 2016/2017 (HSGP-16) Background The Public Works Department recently accepted on behalf of the City, an invitation to apply for the FY2016/2017 Homeland Security Grant Program (HSGP-16); award amount will be disclosed on approval of application. This grant is 100% full reimbursement. Upon receipt of the notification from the California Office of Emergency Services (Cal-OES) of the grant approval, the City will then be required to commence the purchasing process for the amount of the grant. Discussion These funds are used to sustain the Emergency Services capabilities for cities. The Public Works Department will use this grant to offset the cost for Emergency Services Training supplies, CERT backpacks, CERT class materials and training equipment to better prepare our residents in the community. Authorize Application and Acceptance of HSGP 16 Grant April 26, 2016 Page 2 Fiscal Impact There is no fiscal impact as the grant allows for 100% expense reimbursement. Sufficient funds have been budgeted in the Emergency Services Fiscal Year 2016/2017 Adopted Budget with revenue offsetting all proposed expenditures. Prepared by: Catherine Eakins Administrative Assistant Approved by: Dave Nichols Public Works General Service Manager Approved by: Jason Simpson Administrative Services Director Approved by: Grant M. Yates City Manager Attachments: Exhibit A — Governing Body Resolution Exhibit B - Grant Application EXHIBIT A - GRANT APPLICATION EXHIBIT B - GRANT ASSURANCES RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING DESIGNATED CITY EMPLOYEES TO TAKE ACTON NECESSARY FOR OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL GOVERNMENT, DEPARTMENT OF HOMELAND SECURITY NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The City Council of the City of Lake Elsinore does hereby authorize the following named City employees to execute for and on behalf of the City of Lake Elsinore, a public municipal corporation duly established under the laws of the State of California any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security: City Manager, or, Director of Administrative Services SECTION 2: The City Clerk shall certify to the adoption of this Resolution in the manner required by law. SECTION 3: This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 26" day of April, 2016. ATTEST: Brian Tisdale, Mayor APPROVED AS TO FORM: Susan M. Domen, MMC Barbara Leibold City Clerk City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of , and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk FY16 State Homeland Security, Program (SHSP) Application SHSP CDFA# 97.067 Purpose of Grant: The key focus and requirement of the SHSP is to prevent terrorism and to prepare the Nation for the threats and hazards that pose the greatest risk to the security and resilience of the United States, and the greatest risks along the Nation's borders; therefore, SHSP funded investments must have a terrorism -nexus. Eligible Applicants: (law enforcement, fire, emergency management, public health) a Cities • Special Districts • Tribes • County Agencies Applications (email) are due no later than 5:OO12M on May 2, 2016 Late applications may not be considered. As of this date the State has not released the FY16 Grant Guidance so we will be working from the FY15 Guidance. if there are changes identified when the FY16 Guidance is released we will notify you and work to make the changes required. 25% of the SHSGP must be dedicated to law enforcement terrorism prevention activities. Attachments include: • Application Workbook (includes Goals and Objectives) • Sample Resolution • Evaluation Score Sheet • Tentative Timeline 2016 SHSGP projected timeline • FYI SAFECOM Guidance (for interoperable communication projects) Each City, Tribe or Special District is allowed to submit a combined total of 3 projects in any combination for Law, Fire, and Emergency Management. The County can submit a combined total of 8 projects. This is a reimbursement grant so you will need to be able to make and pay for all procurements on your own and then present all back-up to the OA for reimbursement. You must be able to maintain a proper financial management system in order to track expenditures/reimbursements of this grant and not co -mingle with your general funds. This grant can only be used to supplement not replace funds. Please make sure that you complete each section of the workbook including the application cover sheet providing Applicant Agent information and Grant Manager information for each discipline that is applying. Training tracking numbers should not be obtained at this time. If your application is accepted then you will need to provide the training tracking numbers with your final budget sheet. Here is the link to the Authorized Equipment List (AEL) http://beta.fema.yov/authorized-e ui ment-list?combine=&=GO The State's priorities from FYI were: • Interoperable Communications • Catastrophic Planning • Medical Surge • Citizen Preparedness and Participation • Mass Prophylaxis • Critical Infrastructure Protection • Training for First Responders • Food and Agricultural Safety Strategic Goals and Objectives are listed in the application workbook. Look on the last tab. ATAA Final Allocations: Once ATAA makes their final decisions and allocations you may be required to modify your original budget. If this does happen you will be notified and a new budget to fit your final allocation amount will be requested. At that time you will also be asked to submit all other information and paperwork that is required of the grant. If you have any questions please contact Kim Dana @ 951-955-0419, kdana rivcocha.org or Laronte Groom @ 951-955-8517, groom(o)nycocha.orq FY16 Homeland Security Grant Programs Proposal Coversheet for Riverside County Local Agencies SHSGP CFDA# 97.067 Applicant Name: (Whole dollar amended ONLY) SHSP Project 1 Amount Requested Discipline: SHSP Prioject 2 Amount Requested Discipline: SHSP Project 3 Amount Requested Discipline: Total Funding Amount Requested Authorized Agent Information: (i ri,,smal mAleetl by the agoncy s governing ooay to be held mommothie lar all SHSP rolvmJ Jecislons) Please Print... Name: Title: Address: City, State, Zip Phone Fax E-mail Statement of Certification - Authorized Agent I hereby cerfiry I am vested with the authority to submit this Giant Application, and have the approval of the O'ty/CountyFinancial Officer, City Managed County Administrator, Governing Board Chair, or other Approving Body to do so. The Grant Recipient certifies that all funds received pursuant to this agreement will be spent exclusively on the Purposes specified in the Grant Award. Signature:(authorize(I agent) Blue Ink Only Grant Managet Information: (individual designated by Phe Authorized Agent to manage all grant functions) Please Print... 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Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 8) City of Lake Elsinore Text File File Number: ID# 16-179 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 412112016 CITY OF LADE C LSIROIZE DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: APRIL 26, 2016 SUBJECT: Application and Acceptance of the Emergency Management Performance Grant for FY 2016 / 2017 (EMPG 16) Recommendations 1. Authorize and Accept the Emergency Management Performance Grant (EMPG16); and, 2. Authorize revenue appropriation of $13,952 to Emergency Services Grant Revenue to offset the EMPG16 expense; and, 3. adopt: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING DESIGNATED CITY EMPLOYEES TO TAKE ACTON NECESSARY FOR OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL GOVERNMENT, DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA, FOR THE EMERGENCY MANAGEMENT PROGRAM GRANT FY 2016/2017 (EMPG 16) Background The purpose of the Emergency Management Performance Grant (EMPG) Program is to support comprehensive emergency management for the City to encourage the improvement of Mitigation, Preparedness, Response and Recovery capabilities for all hazards. Funding from this grant is available to the City through the Riverside Operation Area. The FY 2016 Emergency Management Performance Grant (EMPG) Program's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation Response, and Recovery mission areas. All matching funds are the responsibility of the City. Application and Acceptance of EMPG 16 April 26, 2016 Page 2 In previous years, the Emergency Management Performance (EMP) grant has been used for purchasing emergency communication equipment, emergency supplies, backpacks, EOC equipment i.e. laptops, plotter printer, interoperability communication. All purchases made have enhanced the city's emergencies response capabilities. Discussion The Public Works Department has been invited to apply for the FY2016/2017 Emergency Management Performance Grant (EMPG16) in the amount of $13,952, which is a dollar -for -dollar match with the City's contribution of $13,952, for a total amount of $27,904. Fiscal Impact The Emergency Management Performance Grant Program for FY 2016/2017 (EMPG16) provides cost reimbursement up to 50% with a minimum 50% local match ($13,952), for which the City will use the Public Works Emergency Services Fund. Prepared by: Catherine George Eakins Administrative Assistant Approved by: Dave Nichols General Service Manager Approved by: Jason Simpson Administrative Services Director Approved by: Grant M. Yates City Manager Attachments: Exhibit A — Governing Body Resolution Exhibit B — Grant Application EXHIBIT A - GRANT APPLICATION RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING DESIGNATED CITY EMPLOYEES TO TAKE ACTON NECESSARY FOR OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL GOVERNMENT, DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA., FOR THE EMERGENCY MANAGEMENT PROGRAM GRANT FY 2016/2017 (EMPG 16) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The City Council of the City of Lake Elsinore does hereby authorize the following named City employees to execute for and on behalf of the City of Lake Elsinore, a public municipal corporation duly established under the laws of the State of California any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the State of California: City Manager, or, Director of Administrative Services SECTION 2: The City Clerk shall certify to the adoption of this Resolution in the manner required by law. SECTION 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 26th day of April, 2016. ATTEST: Brian Tisdale, Mayor APPROVED AS TO FORM: Susan M. Domen, MMC Barbara Leibold City Clerk City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of , and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk FY16 Proposed Emergency Management Performance Grant Program (EMPG) Please submit your application via e-mail (non-pdf) to (groom a[7rivcocha.org or kdana(o)rivcocha.org and mail the signed (in blue) hard copy by Monday June 1, 2016 . Late or no submission will not be considered and those funds will be allocated to Riverside Co. EMD. EMPG must be used to support activities that contribute to the Operational Area's capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and disasters, whether natural or man-made. The performance period for this grant begins on July 1, 2016 for activities other than equipment purchases. Equipment purchase approval will be forthcoming from the state sometime in early fall. The end of the performance period for all activities, including equipment, is April 30, 2017. As we receive more information we will forward it to you. Below is a population break down of the county and the allocated amount per agency participating in the FYI EMPG. These figures are based on the California State Department of Finance population totals from 01/01/15 using an award total of $603,885. Only cities were eligible to apply and if cities chose not to participate, those funds were absorbed by Riverside Co. EMD. Please be aware of the following points for EMPG funding: 1. Your City must be NIMS compliant in order to be eligible for these funds. 2. There is a dollar -for -dollar match for these funds, either cash or in-kind. 3. EMPG funded personnel must participate in a minimum of 3 exercises and complete the 11 FEMA Professional Series Training classes. 4. All activities and equipment must be purchased, paid for and received within the performance period which will be determined upon release of the grant. The performance period is approx. 10 months, but may be shorter depending on the release date of the grant. 5. You must be able to purchase and pay for items/services from your own city funds and then be reimbursed. 6. Reimbursement Requests, modifications and quarterly reports are due on April 1, July 1, October 1 and January 1. 7. You must have the approval of your agency's governing body in order to apply for this grant. 8. Your agency must comply with all EMPG requirements as set forth in the Robert T. Stafford Disaster Relief and Emergency Assistance Act https://www.fema.gov/media-library-data/1383153669955- 21f970b19e8eaa67087b7da9f4af706e/stafford act booklet 042213 508e.pdf and as well as all Federal and State Guidances. If you are doing a communications project then you will be required to comply with the standards set forth in the SAFECOM Guidance, see attachment to email. 9. All equipment must be eligible and must have an AEL number associated. The AEL is the Authorized Equipment List. http://beta.fema.,qov/authorized-equipment-list?combine=&=GO Please make sure that the equipment you want is on the list and that you see "EMPG" listed under the Eligible Grant. Note: Medical Items are not allowed under this grant. 10. In the past EMPG has allowed personnel to be charged from the beginning of the fiscal year (July 1) but equipment must not be purchased until after the award letter date, which is unknown at this time. As always if you have any questions please let us know, Laronte's number is 951-955-8517 Kim's is 951-955- 0419. E-1: City/County Population Estimates with Annual Percent Change January 1, 2015 FY16 EMPG County/City Population 5K Per $603,885 1/1/2015 % Base Capita TOTAL Riverside Co. 2,308,441 $353,690 Beaumont 42,481 1.840% $5,000 $6,509 $11,509 Canyon Lake 10,901 0.472% $5,000 $1,670 $6,670 Cathedral City 52,903 2.292% $5,000 $8,106 $13,106 Coachella 43,917 1.902% $5,000 $6,729 $11,729 Corona 160,287 6.944% $5,000 $24,559 $29,559 Eastvale 60,633 2.627% $5,000 $9,290 $14,290 Hemet 82,253 3.563% $5,000 $12,602 $17,602 Indian Wells 5,194 0.225% $5,000 $796 $5,796 Indio 84,201 3.648% $5,000 $12,901 $17,901 Jurupa Valley 98,885 4.284% $5,000 $15,151 $20,151 Lake Elsinore 58,426 2.531% $5,000 $8,952 $13,952 La Quinta 39,694 1.720% $5,000 $6,082 $11,082 Menifee 85,385 3.699% $5,000 $13,082 $18,082 Moreno Valley 200,670 8.693% $5,000 $30,746 $35,746 Murrieta 107,279 4.647% $5,000 $16,437 $21,437 Norco 25,891 1.122% $5,000 $3,967 $8,967 Palm Desert 51,053 2.212% $5,000 $7,822 $12,822 Palm Springs 46,611 2.019% $5,000 $7,142 $12,142 Perris 72,908 3.158% $5,000 $11,171 $16,171 Riverside 317,307 13.746% $5,000 $48,616 $53,616 Temecula 108,920 4.718% $5,000 $16,688 $21,688 Wildomar 34,148 1.479% $5,000 $5,232 $10,232 Balance of County 368,823 15.977% $5,000 1 $161,705 $219,635 *this amount includes M&A and $75K for a Strategic Plata for the OA EMERGENCY MANAGEMENT PERFORMANCE GRANT CFDA# 97.042 Upon approval of the Operational Area application by the California Office of Emergency Services, hereafter designated Cal OES, Riverside County Operati. ea I funds to the following: 1. Grant Recipient: in the amount and for the purpose and duration set forth in this Grant Award. In. DUNS #: 2. Implementing Agency: Name: 2a. DUNS #: 3. Implementing Agency Address: FAX: 4. Lr Street: " --- City: Zip Code + 4: Payment Mailing Address: :: City: Zip G Signature: 5. Disaster/ Program Title: Date: ': 6. Performance Period: Grant Year Fund Source A. State B. Federal C. Total . Cash E.In-Kind Match EMatchN 2016 7. B. 9. 10. 11. EMPG 12. TOTALS $0 $0 $0 $0 $0 13. This Grant Award consists of this title page, the application for the grant, which is attached and made a part hereof, and the Assurances/Cer submitted. I hereby certify I am vested with the authority to enter into this Grant Award Agreement, and have the approval of the City/County I County Administrator, Governing Board Chair, or Approving Body. The Grant Recipient certifies that all funds received pursuant to this agreemei the purposes specified in the Grant Award. The Grant Recipient signifies acceptance of this Grant Award and agrees to administer the grant proj Grant Award as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal EMA policy and pr i gm further agrees that the allocation of funds may be contingent on the enactment of the State Budget. 14. Official Authorized to Sign for Applicant/Grant Recipient: 15. Federal Employer ID Number: Name: Title: Telephone FAX: >, Email: area code area code Payment Mailing Address: :: City: Zip G Signature: < Date: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org t 34t �a;'�Ilii)It(: Text File File Number: ID# 16-180 Agenda Date: 4/26/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 9) City of Lake Elsinore Page 1 Printed on 412112016 CITY OF LADE LSIf10RE DREAM EXTR@MEM REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: APRIL 26, 2016 SUBJECT: Final Map 36117, Pardee Homes Recommendations 1. Approve Final Map No. 36117 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. 36117. 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 monumentation. Background The proposed Final Map No. 36117 consists of 92.826 acres which includes 3 residential lots for condominiums, 1 open space lot, 1 basin lot and 5 landscaping slope lots. This is a part of the Canyon Hills Specific Plan located outside of the Canyon Hills development on Railroad Canyon Road. The proposed streets will be private and the landscaping and storm drain maintenance will be provided by the HOA. All future public improvements have been secured. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 36117 and that all Conditions of Approval relative to the Final Map approval have been completed. Final Map No 36117 April 26, 2016 Page 2 of 2 Fiscal Impact Public improvements are to be constructed by the developer. The proposed surety is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents. Exhibits: A. Final Map 36117 - Agreement B. Final Map 36117 Vicinity Map C. Final Map Index Prepared by: Dina Purvis Senior Engineering Technician Approved by: Grant Yates City Manager AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned_ Pardee Homes whose business address is 1250 Corona Pointe CourtSuite 600, Corona CA 92879 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 36117 which map was prepared by Rick Eng nqti,nq ;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 U:\engr\Correspondence\TR 36117\Fina]. Map\Monument Security\Construction Agreement.doc 1 request shall not preclude the City from extending this agreement. In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the 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 actor 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 0:AengrVCorrespondenceATR 3617.'7\F.,naI Ma pAMouLlMen[ SecurityVCons truction Agreement. do 2 percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses and attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at anytime 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 solejudgement 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 _ Ninety Four Thousand Three Hundred and Nine_ W Twc DoNars t$ 94 892;0 j0 to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of Ninety Four Thousand Three Hundred and Ninety Two Dollars_( 94392.001 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 bonds_._(corporate surety bonds, cash deposits, etc.) d: AeogrVCoe re spondenceATR 36117AFinal MapAMonument. Secuzii;y\Constxuoti on Agreement.doc 3 The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall be at the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs may be erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. n WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this I 1�-day of r 20_1 . SIGNED; - - r�n"/ r, (Type Name/Title) e Molly) YX T S, \/I? Comm W 1119 Dc�C l6p MtA FOR: I?0,T � Wmt-S 1 (Name of Company on above line) CITY OF LAKE ELSINORE BY: Grant M Yates, City Manager CITY OF LAKE ELSINORE ATTEST: Susan M Domen, City Clerk CITY OF LAKE ELSINORE ❑:\eogr\Correspondence\Tli 3611.7\Dina]. Map\Monument Security\Construction Agreement.doc 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 tc.��xrrar,4:t<kc2„a;^�uer�.�;�,�exvserr,�rse�mPamc�,rcxrcc�r. r �?xxa�xexrx-r��ua:cetur�sa-.rrd:cs�v�:�a�u Fary public or other officer completing this certificate verifies only the identity of the individual who signed the ment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On April 1 t, 20'16before me, Ana E. Chavez Perez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the personlw) whose name(A) is/lard subscribed to the within instrument and acknowledged to me that he/AbadkhRy executed the same in hisibnriU wk authorized capacity(as), and that by hisN)WW,& signatureW) on the instrument the person(R), or the entity upon behalf of which the person(19) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANA E. CHAVEZ PEREZ WITNESS my hand and official seal. ing NOTARY PUBLIC -CALIFORNIA COMMISSION A 2107702 RIVERSIDE COUNTY Sign Lure My Comm. Exp. April 19, 2019 mow V Signature of Not A Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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and, WHEREAS, on March 8, 2016, the City Council (the "City Council") of the City adopted Resolution No. 2016-021 declaring its intention to annex territory to be designated as Improvement Area E of the District ("Improvement Area E") pursuant to the Act and its intention to incur bonded indebtedness for Improvement Area E; and, WHEREAS, on April 12, 2016, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed annexation of Improvement Area E, the proposed levy of a special tax therein to finance certain public facilities and services described in Resolution No. 2016-021 and to secure the payment of any bonded indebtedness of the District for Improvement Area E, and the proposed issuance of up to $3,000,000 of bonded indebtedness as described in Resolution No. 2016-021; and, WHEREAS, at the April 12, 2016, public hearing, all persons desiring to be heard on all matters pertaining to the annexation of Improvement Area E and the proposed levy of the special tax to finance the facilities and services described in Resolution No. 2016-021 and to secure the payment of up to $3,000,000 of bonded indebtedness of the District for Improvement Area E as described in Resolution No. 2016-021 (the 'Bonds") were heard and a full and fair hearing was held; and, WHEREAS, on April 12, 2016, the City Council adopted Resolution Nos. 2016-025 and 2016-026 which formed the District and called a special election within the District on April 12, 2016 on two propositions relating to the levy of a special tax within the District and the issuance of the Bonds, and, WHEREAS, on April 12, 2016, an election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A and B authorizing the levy of a special tax within the District for the purposes described in Resolution No. 2016-027 and the issuance of the Bonds as described in Resolution No. 2016-026. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) ORDAINS AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within Improvement Area E pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the Rate and Method of apportionment set forth in Attachment "A" to Resolution No. 2016-025, which is incorporated by reference herein (the CITY COUNCIL ORDINANCE NO. 2016 - PAGE 2 OF 3 "Rate and Method"). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District for Improvement Area E, and payment of all costs of administering the District. Section 3. Each of the Mayor, the City Manager, the Director of Administrative Services, or their written designees (each, an "Authorized Officer"), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within Improvement Area E, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer - Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District. Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2016-025, or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2016-025. Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time. Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act. Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Lake Elsinore. Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. CITY COUNCIL ORDINANCE NO. 2016 - PAGE 3 OF 3 Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer -Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance. Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. Section 12. This Ordinance shall take effect thirty days after its final passage. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 121" day of April, 2016, and ADOPTED at the regular meeting of the City Council of the City of Lake Elsinore, California, on the 261h day of April, 2016. ATTEST: Susan M. Domen, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) Brian Tisdale, Mayor APPROVED AS TO FORM: Barbara Leibold, City Attorney I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2016- was introduced at the regular City Council meeting of April 12, 2016, and adopted at the regular meeting of April 26, 2016, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC, City Clerk Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 5) City of Lake Elsinore Text File File Number: ID# 16-176 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w Jake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 4/21/2016 ORDINANCE NO. 2016 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES WHEREAS, on March 8, 2016, the City Council (the "City Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2016-022 declaring its intention to form Community Facilities District No. 2015-1 of the City of Lake Elsinore (the "District') pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act'); and, WHEREAS, on April 12, 2016, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public safety services described in Resolution No. 2016-022; and, WHEREAS, at the April 12, 2016, public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the safety services described in Resolution No. 2016-022 were heard and a full and fair hearing was held; and, WHEREAS, on April 12, 2016, the City Council adopted Resolution No. 2016-028 which formed the District and called an election within the District on April 12, 2016 on two propositions relating to the levy of a special tax within the District and the establishment of an appropriations limit within the District; and, WHEREAS, on April 12, 2016, an election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A and B authorizing the levy of a special tax within the District for the purposes described in Resolution No. 2016-029 and establishing an appropriations limit for the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) ORDAINS AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the Rate and Method of apportionment set forth in Attachment "A" to Resolution No. 2016-028, which is incorporated by reference herein (the 'Rate and Method"). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter so long as the services authorized to be financed by the District, are provided through such financing within the District. CITY COUNCIL ORDINANCE NO. 2016 - Page 2 of 3 Section 3. Each of the Mayor, the City Manager, the Director of Administrative Services, or their written designees (each, an "Authorized Officer"), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer -Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year. Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section E of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2016-028, or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2016-028. Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time. Section 7. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Lake Elsinore. Section 8. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. Section 9. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer -Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance. Section 10. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. CITY COUNCIL ORDINANCE NO. 2016 - Page 3 of 3 Section 11. This Ordinance shall take effect thirty days after its final passage. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 1211 day of April, 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California on the 26'" day of April, 2016. ATTEST: Susan Doman, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) Brian Tisdale, Mayor APPROVED AS TO FORM: Barbara Leibold, City Attorney I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2016- was introduced at the regular City Council meeting of April 12, 2016, and adopted at the regular meeting of April 26, 2016, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC, City Clerk l iI ltt�5I1K:>I;.1: Agenda Date: 4/26/2016 In Control: City Council Agenda Number: 6) City of Lake Elsinore Text File File Number: ID# 16-177 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 4/21/2016 ORDINANCE NO. 2016 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA) AUTHORIZING THE LEVY OF SPECIAL TAXES WHEREAS, on March 8, 2016, the City Council (the "City Council") of the City of Lake Elsinore (the "City') adopted Resolution No. 2016-023 declaring its intention to form Community Facilities District No. 2015-4 of the City of Lake Elsinore (the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act'), and its Resolution No. 2016-023 declaring its intention to incur bonded indebtedness for the District; and, WHEREAS, on April 12, 2016, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public facilities and services described in Resolution No. 2016-023 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $20,000,000 of bonded indebtedness as described in Resolution No. 2016-024; and, WHEREAS, at the April 12, 2016 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the facilities and services described in Resolution No. 2016-023 and to secure the payment of up to $20,000,000 of bonded indebtedness of the District as described in Resolution No. 2016-024 (the "Bonds") were heard and a full and fair hearing was held; and, WHEREAS, on April 12, 2016, the City Council adopted Resolution Nos. 2016-029 and 2016-030 which formed the District and called an election within the District on April 12, 2016 on three propositions relating to the levy of a special tax within the District and the issuance of the Bonds and the establishment of an appropriations limit within the District; and, WHEREAS, on April 16, 2015, an election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of a special tax within the District for the purposes described in Resolution No. 2016- 031, the issuance of the Bonds as described in Resolution No. 2016-029 and establishing an appropriations limit for the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE DISTRICT OF THE CITY OF LAKE ELSINORE (TERRACINA), ORDAINS AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the Rate and Method of apportionment set forth in Attachment "A" to Resolution No. 2016-029, which is incorporated by reference herein (the "Rate and Method"). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District, and payment of all costs of administering the District. Section 3. Each of the Mayor, the City Manager, the Director of Administrative Services, or their written designees (each, an "Authorized Officer"), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer -Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to Special Tax A (as defined in the Rate and Method), until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District. Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2016-029, or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2016-029. Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time. Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act. Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Lake Elsinore. Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer -Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance. Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. Section 12. This Ordinance shall take effect thirty days after its final passage. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 12th day of April, 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California on the 261h day of April, 2016. ATTEST: Susan Doman, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) Brian Tisdale, Mayor APPROVED AS TO FORM: Barbara Leibold, City Attorney I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2016- was introduced at the regular City Council meeting of April 12, 2016, and adopted at the regular meeting of April 26, 2016, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. 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I 3.5:12 i D 1 f 1 e Ri�GE S Z W 'N 7S:12 � 1 YixE a 7 3 TT D z ►d er W 'N 3.5:1 � 1 YixE a 7 _ _oU 5Ooi I I 3s 1z I KO k:�GE 1 f 1 e I ►d er W 'N I � Y, I I �f � I I I I 1 KO k:�GE 1 f 1 e I 1 c' 11 1 I Tl iY . 9 _ _ _ _ ----------- -_ _- ►d er 1e A 1 ----------------- Y �f A I O I I I f O 1 KO 1 f 1 e c 1 O 11 1 I O I ---------------- I I I I 4A 1 IY I n m m 0 W N O ;.y ZPD n A fl�,;Q QC O op�W D =Q ' N.O O C w o "yJm b W C: rt� ZPD O M N O D z n 7c FT rT r rT C C Z r M T rT r ri- D ------------------ I n n I � I 1 =a= ono I kICIGE I N Q A N mn- �a 0 7c FT rT r rT C C Z r M T rT r ri- D ------------------ I r ------- I I � I 1 I kICIGE I I ] i I 3.5:12 1 I I I I I 1 + I I I I � -116,11 w E:12 Al. < M o m p �3 cM z ch CA C T M 0 c..� N .y O'I In/ rn Z D Z rn 0 7c rr D z rr r rr C D C Z r rr r rr r rr 9.-1. D ----------------- IT I II X02° I I 1 c3o'Q ino 0C P. =G� 0 —3O oma ` �wa .gyp ➢ 9 C(D nQ 7c rr D z rr r rr C D C Z r rr r rr r rr 9.-1. 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HE= o i� d C a 9 a a m n2 m W rn Orn N M z °O rn O n ❑' •o 0— z -- z z a0 O ❑ y m 2 O m NA r D z m m N D m -' O Q m V Sn n ooI Z 70 W n< O O - 3 m m > O m c rn m D ;moo O z O D —4m F, o- ,S�n Ohno co I <00- `0Om M> M m O go O m m m Z 3: m rn� CD rn 0 z 2 :E :Em-4°°-�,n OOoc�co 000n>nZ DOowrn rv'ZmZO ZyU Il <-noO <> m zy Z m A QmO A D m D M � rn :n r -I O W N O Log a g o a C 4=� g(C)f70 Q � W —:rO ' O:WCL o9:z-� �(D 0 � � N d x rr D 7c rr r- rr C D C Z r rn rn r m C D ri --------------- - ---------------------- --------------------- -, ---II O I I I I 0 �O T T V I I 4:12 1 1 P I I D,:1 4.12 I I ------------ I 11 I I I I _______--^-I -- ___ RIDGE rF DPI.- I F W I i [ I I I I WOCOR R. 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Exterior Colors and -� Michelle Bridges Architectural C lo rMaterials by Cons ul tan t Digital binder made 2-3-2016 NOTE: All photographs of stone, brick, masonry and roof tiles are for representation only - See actual samples for exact colors. MBACC not responsible for manufacturer color printed materials being off from actual materials. 31 & PROJECT: Summerly 9 - Lake Elsinore, Ca ViBUILDER: Woodside Homes I Woodley Architectural Group, Inc. EXTERIOR COLOR SCHEMES DOCUMENT (ECS) COLORS BY: MICHELLE BRIDGES - ARCHITECTURAL COLORS, INC. 562-243-1585 SEE COLOR KEYED ELEVATIONS 1 COLOR KEYED ECS FOR EXACT PLACEMENT OF COLOR 2-3-2016 For approval - revised Fairway STUCCO BODY: MERLEX STUCCO -LIGHT LACE FINISH STONE: CORONADO STONE PRODUCTS STUCCO FOAM TRIM AREAS: MERLEX STUCCO -16/20 SAND FINISH BRICK: NIA PAINT: SHERWIN WILLIAMS MORTAR: STANDARD GRAY ROOF: EAGLE ROOFING - COOL ROOFS GARAGE DOORS: WAYNE DALTON STANDARD COLORS A'- SPANISH ELEVATIONS COLOR SCHEME 1 2 3 COLOR APPLICATION STUCCO BODY PP - 6 P - 107 P-6-1 FASCIA 1 EAVES 1 CLAY DECOR PIPES 1 SW 2841 SW 7027 SW 2806 WOOD POSTS/ TRIM AT 1ST FLR WINDOW WEATHERED SHINGLE WELL BRED BROWN ROOKWOOD BROWN ALL WINDOW & DOOR TRIM 1 SW 2841 SW 7535 SW 7536 BELLY BANDS WEATHERED SHINGLE SANDY RIDGE BITTERSWEET STEM GARAGE DOORS - STANDARD COLORS BROWN BROWN BROWN ENTRY DOORS 1 SW 6208 SW 6047 SW 6006 WRT . IRON METAL DETAILS PEWTER GREEN HOT COCOA BLACK BEAN ROOF MATERIAL: 2773 SCM 8825 2702 LOW 'S' PROFILE WALNUT CREEK BLEND CORONA DEL MAR BLEND CALABAR BLEND B' RANCH ELEVATIONS COLOR SCHEME 4 5 6 COLOR APPLICATION STUCCO BODY P - 525 - 3 P - 8622 P - 11109 SW 7006 SW 0077 SW 6207 SIDING BODY EXTRA WHITE CLASSIC FRENCH GRAY RETREAT FASCIA I EAVES I ALL TRIM I POSTS I SW 7006 SW 7562 SW 7526 CORNER BOARDS / WOOD RAILS EXTRA WHITE ROMAN COLUMN MAISON BLANCHE GARAGE DOORS - STANDARD COLORS WHITE WHITE ALMOND SW 6174 SW 7680 SW 7076 ENTRY DOORS ANDIRON LANYARD CYBERSPACE MASONRY VENEER HONEY LEDGESTONE: SIERRA LEDGESTONE: 3" SPLIT LEDGESTONE: DRYSTACK TIGHTFIT MORTAR JOINTS HURON CATHEDRAL GREY GENOA SANDS ROOF MATERIAL: 4883 SCB 8827 SCB 8805 FLAT SLATE PROFILE HILLSBOUROUGH BLEND TACOMA BLEND SEATTLE BLEND C` - COTTAGE ELEVATIONS COLOR SCHEME 7 8 9 COLOR APPLICATION STUCCO BODY P - 192 P - 9682 1 114 P - 2258 SW 6145 SW 7027 SW 6152 FASCIA / EAVES THATCH BROWN WELL BRED BROWN SUPERIOR BRONZE ALL TRIM /TRIM AT IST FLR WINDOW/ SW 7541 SW 7562 SW 7568 GABLE SIDING INSETS GRECIAN IVORY ROMAN COLUMN NEUTRAL GROUND GARAGE DOORS - STANDARD COLORS ALMOND WHITE WHITE ENTRY DOORS 1 SW 2824 SW 7594 SW 7076 SHUTTERS RENWICK GOLDEN OAK CARRIAGE DOOR CYBERSPACE MASONRY VENEER TUSCAN VILLA: TUSCAN VILLA: FRENCH COUNTRY VILLA: STANDARD MORTAR JOINTS ROMANO DAKOTA BROWN BORDEAUX ROOF MATERIAL: 5502 5809 5810 FLAT SHAKE PROFILE ARCADIA LOMITA RANGE AVONDALE BLEND All Colors and Materials are recommendations based solely upon aesthetic value for the exclusive internal use by SAID BUILDER. Any other use is prohibited. Color schemes are exclusive property of MBACC. Any reuse of any C & M Selections other than at above said property must receive approval by MBACC. MBACC shall not be held liable for any errors or product failure on manufacturers or contractor/subcontractors part in the field (i.e. stucco, masonry, paint manufacturers errors, etc). NOTE: GUTTERS & DOWNSPOUTS / MANDOORS & VENTS TO BE PAINTED ADJACENT COLOR - UNLESS OTHERWISE NOTED NOTE: ALL PAINT BREAKS TO BE TURNED AND FINISHED AT INSIDE CORNERS UNLESS OTHERWISE NOTED NOTE: SUBSTITUTIONS FOR ANY MATERIALS ARE NOT TO BE MADE WITHOUT THE FINAL APPROVAL FROM MBACC OFFICE. NOTE: SIDE ENHANCED ELEVATIONS TO RECEIVE TYPICAL TREATMENTS AS FRONT ELEVATIONS. - SEE ELEVATIONS FOR COLOR PLACEMENT **NOTE.- STUCCO has been eye matched to paint by MBACC for rendering use only. Do not use this paint color in field or for an exact match to stucco. NOTE: All photographs of stone, brick, masonry and roof tiles are for representation only - See actual samples for exact colors. MBACC not responsible for manufacturer color printed materials being off from actual materials. 32 Summerly' 9 - Lake Elsinore CX Woodside Homes Exterior Color Scheme COLOR MATERIAL To be used on APPLICATION SPECIFICATION MATERIAL SAMPLE 'A' SPANISH Elevs ONLY MERLE STUCCO BODY PP - 6 STUCCO FASCIA 1 EAVES I SW 2841 CLAY DECOR PIPES 1 WEATHERED Sherwin WOOD POSTS/ SHINGLE Williams TRIM AT 1ST FLR WINDOW Sherwin ALL WINDOW & DOOR TRIM 1 SW 2841 BELLY BANDS WEATHERED Williams SHINGLE see actual sample Wayne Dalton GARAGE DOORS - BROWN STANDARD COLORS Garage Doors Sherwin ENTRY DOORS 1 SW 6208 WRT . IRON METAL DETAILS PEWTER GREEN AfiIliams For approval 2-3-2016 ROOF MATERIAL Eagle Roofing 2773 WALNUT CREEK BLEND Low 'S' Malibu Profile EXTERIOR COLORS & MATERIAL by MICHELLE BRIDGES 33 9 - Lake ECsinore Summerfy, CA Woodside Homes Exterior Color Scheme COLOR MATERIAL To be used on APPLICATION SPECIFICATION MATERIAL SAMPLE 'A' SPANISH Elevs ONLY MERLE STUCCO BODY P -107 STUCCO FASCIA / EAVES 1 CLAY DECOR PIPES / SW 7027 Sherwin WOOD POSTS/ WELL BRED BROWN Williams TRIM AT 1ST FLR WINDOW ALL WINDOW & DOOR TRIM 1 SW 7535 Sherwin BELLY BANDS SANDY RIDGE Williams GARAGE DOORS - BROWN see actual sample Wayne Dalton STANDARD COLORS Garage Doors ENTRY DOORS 1 SW 6047 Sherwin WRT . IRON METAL DETAILS HOT COCOA Williams For approval 2-3-2016 ROOF MATERIAL Eagle Roofing SCM 8825 CORONA DEL MAR BLEND Low 'S' Malibu Profile EXTERIOR COLORS & MATERIAL by MICHELLE BRIDGES 34 SUMMffry 9 - Lake Effinore, C,4 Woodside Homes Exterior Color Scheme COLOR MATERIAL To be used on APPLICATION SPECIFICATION MATERIAL SAMPLE 'A' SPANISH Elevs ONLY MERLE STUCCO BODY P - 6 - 1 STUCCO FASCIA / EAVES 1 CLAY DECOR PIPES 1 SW 2806 Sherwin WOOD POSTS/ ROOKWOOD BROWN Williams TRIM AT 1ST FLR WINDOW SW 7536 Sherwin ALL WINDOW & DOOR TRIM I BELLY BANDS BITTERSWEET STEM Williams Wayne Dalton see actual sample GARAGE DOORS - BROWN STANDARD COLORS Garage Doors Sherwin ENTRY DOORS 1 SW 6006 WRT . IRON METAL DETAILS BLACK BEAN Williams For approval 2-3-2016 ROOF MATERIAL Eagle Roofing V� 2702 CALABAR BLEND Low 'S' Malibu Profile EXTERIOR COLORS & MATERIAL by COS MICHELLE BRIDGES Summery 9 - Lake Elsinore CA Woodside Homes Exterior Color Scheme COLOR MATERIAL To be used on APPLICATION SPECIFICATION MATERIAL SAMPLE 'B' RANCH Elevs ONLY MERLE STUCCO BODY P - 525 - 3 STUCCO Sherwin SIDING BODY SW 7006 EXTRA WHITE Williams Sherwin FASCIA 1 EAVES 1 ALL TRIM 1 SW 7006 POSTS / WOOD RAILS EXTRA WHITE Fseectual sample Williams Wayne Dalton GARAGE DOORS WHITE STANDARD COLORS Garage Doors Sherwin ENTRY DOORS SW 6174 ANDIRON Williams MASONRY VENEERit ' Coronado Stone Products HONEY LEDGESTONE: All�, / , - HURON - .:-A For approval 2-3-2016 ROOF MATERIAL Eagle Roofing 4883 HILLSBOUROUGH BLEND Flat Slate Profile EXTERIOR COLORS & MATERIAL by MICHELLE BRIDGES 36 Summery 9 - Lake ECsinore C3 Woodside Homes Exterior Color Scheme COLOR MATERIAL To be used on APPLICATION SPECIFICATION MATERIAL SAMPLE 'B' RANCH Elevs ONLY MERLE STUCCO BODY P - 8622 STUCCO SW 0077 SIDING BODY CLASSIC FRENCH Sherwin GRAY Williams Sherwin FASCIA 1 EAVES 1 ALL TRIM 1 SW 7562 POSTS /WOOD RAILS ROMAN COLUMN see actual sample Williams Wayne Dalton GARAGE DOORS WHITE NDARD COLORS Garage Doors Sherwin !ENTRYDOORS SW 7680 LANYARD Williams MASONRY VENEER Coronado Stone Products SIERRA LEDGESTONE: 3 -. 1 CATHEDRAL GEAY ILI- 5 t ,.; For approval 2-3-2016 ROOF MATERIAL Eagle Roofing SCB 8827 TACOMA BLEND" Flat Slate Profile EXTERIOR COLORS & MATERIAL by MICHELLE BRIDGES 37 Summery 9 - Lake ECsinore CA Woodside Homes Exterior Color Scheme COLOR MATERIAL MATERIAL SAMPLE To be used on APPLICATION SPECIFICATION 'B' RANCH Elevs ONLY MERLE STUCCO BODY P - 11109 STUCCO Sherwin SIDING BODY SW 6207 RETREAT Williams Sherwin FASCIA I EAVES 1 ALL TRIM I SW 7526 POSTS I WOOD RAILS MAISON BLANCHE see actual sample Williams Wayne Dalton GARAGE DOORS ALMOND STANDARD COLORS Garage Doors Sherwin ENTRY DOORS SW 7076 CYBERSPACE Williams �7 MASONRY VENEER Coronado Stone Products;y 3 " SPLIT LEDGESTONE: t' , GENOA SANDS -- --~--- For approval 2-3-2016 ROOF MATERIAL Eagle Roofing SC B 8805 SEATTLE BLEND . Flat Slate Profile EXTERIOR COLORS & MATERIAL by MICHELLE BRIDGES 38 Summery 9 - Lake E&inore C,4 Woodside Homes Exterior Color Scheme COLOR MATERIAL MATERIAL SAMPLE To ,be used on APPLICATION SPECIFICATION 'C' COTTAGE Elevs ONLY MERLE STUCCO BODY P - 192 STUCCO Sherwin FASCIA 1 EAVES SW 6145 THATCH BROWN Williams Sherwin ALL TRIM 1 TRIM AT 15T FLR WINDOW/ SW 7541 GABLE SIDING INSETS GRECIAN IVORY see actual sample Williams Wayne Dalton GARAGE DOORS ALMOND STANDARD COLORS Garage Doors Sherwin ENTRY DOORS 1 SW 2824 RENWICK GOLDEN SHUTTERS OAKf Williams Masonry ` + CORONADO PRODUCTS TUSCAN VILLA ` ROMANO J `I For approval 2-3-2016 ROOF MATERIAL Eagle Roofing 5502 ARCADIA Flat Shake Profile EXTERIOR COLORS & MATERIAL 1 by MICHELLE BRIDGES K6'] ,hummer 9 - Lake ECsinore C,4 0 1 11 Woodside Homes Exterior Color Scheme COLOR MATERIAL To be used on APPLICATION SPECIFICATION MATERIAL SAMPLE 'C' COTTAGE Elevs ONLY MERLE STUCCO Sherwin STUCCO BODY P - 9682 FASCIA 1 EAVES SW 7027 WELL BRED BROWN Williams Sherwin ALL TRIM 1 SW 7562 TRIM AT 1ST FLR WINDOW/ ROMAN COLUMN Williams GABLE SIDING INSETS see actual sample Wayne Dalton GARAGE DOORS WHITE STANDARD COLORS Garage Doors Sherwin ENTRY DOORS 1 SW 7594 SHUTTERS CARRIAGE DOOR Williams Masonry CORONADO PRODUCTS _ TUSCAN VILLA DAKOTA BROWN - For approval 2-3-2016 ROOF MATERIAL Eagle Roofing 5809 LOMITA RANGE Flat Shake Profile EXTERIOR COLORS & MATERIAL by MICHELLE BRIDGES 40 Summerry 9 - Lake 2Csinore, CA Woodside Homes Exterior Color Scheme COLOR MATERIAL To be used on APPLICATION SPECIFICATION 1 114 P - 2258 MATERIAL SAMPLE 'C' COTTAGE Elevs ONLY MERLE STUCCO STUCCO BODY FASCIA 1 EAVES SW 6152 Sherwin SUPERIOR BRONZE SW 7568 V1r,11iams Sherwin ALL TRIM I TRIM AT 1ST FLR WINDOW/ NEUTRAL GROUND Williams GABLE SIDING INSETS WHITE see actual sample Wayne Dalton GARAGE DOORS STANDARD COLORS Garage Doors ENTRY DOORS 1 SW 7076 Sherwin SHUTTERS CYBERSPACE Williams Masonry CORONADO PRODUCTS r'` FRENCH COUNTRY VILLA - BORDEAUX For approval 2-3-2016 ROOF MATERIAL Eagle Roofing 5810 ,x AVONDALE BLEND 1 Flat Shake Profile EXTERIOR COLORS & MATERIAL by MICHELLE BRIDGES 41