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Home My WebLink About04/08/2008 CC ReportsCITY OF LAKE ELSINORE CITY COUNCIL AGENDA DARYL HICKMAN, MAYOR GENIE KELLEY, MAYOR PRO TEM THOMAS BUCKLEY, COUNCILMAN ROBERT E. "BOB" MAGEE, COUNCILMAN ROBERT SCHIFFNER, COUNCILMAN ROBERT A. BRADY, CITY MANAGER W W W.LAKE- ELSINORE.ORG (951) 674 -3124 PHONE (951)674.2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, APRIL 8, 2008 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon Subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Council meeting and are available on the City's web site at www.lake- elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674 -3124, ext. 262, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER -- 5:00 P.M. CLOSED SESSION (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379 - 204 -016 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Albert Saldivar, and Robert Legorreta Under negotiation: Price and terms of payment CALL BACK TO ORDER (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS /CEREMONIALS (2) Mayor Hickman will present a proclamation to Henry Vander Laan. (3) Mayor Hickman will present Certificates of Recognition to the volunteers for the Children's Fair and Egg Hunt. (4) Mayor Hickman will present a proclamation to Eagle Scout Garrett Highland. (5) Lake & Aquatic Resources Director Kilroy will make a presentation for Opening Day of the Lake. PUBLIC COMMENTS — NOWAGENDIZED ITEMS — 1 MINUTE (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting.) (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting. The Mayor will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) (6) Minutes of the Following Meeting(s) a) Joint City Council /Redevelopment Agency Study Session — March 25, 2008. b) Regular Meeting — March 25, 2008. Recommendation: Approve as submitted. (7) Warrant List Dated March 31, 2008 Recommendation: Authorize payment of Warrant List dated March 31, 2008. (8) Waiver to Allow Alcohol to be Served During the Frontier Days Event Recommendation: Approve request from the Chamber of Commerce for waiver of Lake Elsinore Municipal Code Sections 8.40.040(A) and 9.28.030 and to allow alcohol to be served during the Frontier Days event. (9) Approval of DMA Monthly Car Shows Recommendation: Approve Downtown Merchants Association to host a monthly car show which entails street closures and traffic detours. (10) Network Password Policy Recommendation: Adopt the Password Policy for inclusion in the City's Personnel Rules and Regulations. (11) Proposal to Change Contractor for Processing of Parking and Administrative Citations Recommendation: The City Council waive the informal bid process and authorize the City Manager to initiate a Professional Services Contract with Data Ticket/Revenue Experts as a sole source provider. (12) First Amendment To Amended And Restated Agreement For Legal Services Recommendation: That the City Council approve the First Amendment to Amended and Restated Agreement for Legal Services and authorize the Mayor to execute the same. PUBLIC HEARINGS (13) Consideration of Objections to City's Weed Abatement Program Recommendation: Open the Public Hearing and consider objections presented by the public. BUSINESS ITEMS (14) Adoption of Ordinance No. 1250, Amending Section 9.96.120 of the Lake Elsinore Municipal Code Regarding Speed Limits within the Designated High Speed Zone Recommendation: Waive further reading and adopt Ordinance No. 1250, amending Section 9.96.120 of the Lake Elsinore Municipal Code regarding speed limits within the designated high speed zone. (15) Adoption of Ordinance No. 1251, Amending Section 5.28.270 of the Lake Elsinore Municipal Code to Establish No -Limit Wagering in Cardrooms Recommendation: Waive further reading and adopt Ordinance No. 1251, amending Section 5.28.270 of the Lake Elsinore Municipal Code to establish no- limit wagering in cardrooms. (16) Adoption of Ordinance No. 1252, Adding Section 8.60 Regarding Abandoned Residential Property Registration Recommendation: Waive further reading and adopt Ordinance No. 1252, adding Section 8.60 regarding abandoned residential property registration. PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, April 22, 2008, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, VIVIAN M. MUNSON, 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. / /ss // VIVIAN M. MUNSON CITY CLERK DATE CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY AGENDA THOMAS BUCKLEY, CHAIRMAN ROBERT SCHIFFNER, VICE- CHAIRMAN DARYL HICKMAN, MEMBER GENIE KELLEY, MEMBER ROBERT MAGEE, MEMBER ROBERT BRADY, EXECUTIVE DIRECTOR W W W.LAKE- ELSINORE.ORG (951) 674.3124 PHONE (951) 674.2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, APRIL 8, 2008 CALL TO ORDER -- 5:00 P.M. ROLL CALL CLOSED SESSION STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. (1a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt. Code § 54956.8) Property: APN 374 - 263 -001 Agency Negotiator: Executive Director Brady Negotiating Parties: Lake Elsinore Redevelopment Agency and David Reynolds Under Negotiation: Price and terms of payment (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 373 - 023 -011, -012, -015, -024, -025 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Joe Trujillo Under negotiation: Price and terms of payment (1c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 373 - 073 -003, -009 through -012, -016 through -020, 373 - 081 -001 through -006, -012, -013, -016, -017, 373- 082 -005 through -014 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and M. Miller and K. Hengen Under negotiation: Price and terms of payment CALL BACK TO ORDER — 7:00 P.M. CLOSED SESSION REPORT . ww"Iw yWIVm.IGIV 1 a — I46/1w/1V GIY U1LCU 1 I CIVIO — 1 IVIIIYU 1 C (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting.) V ww"Iy yWIVIIVICIV 1 O - fiyclYVILCU 11 CIVIA - a IVIIIYU I CJ (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Chairman will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Boardmember or any member of the public requests separate action on a specific item.) (2) Approval of Redevelopment Agency Minutes Recommendations: Approve the following minutes: a) Joint City Council /Redevelopment Agency Study Session — March 25, 2008. b) Regular Meeting — March 25, 2008. (3) Warrant List Dated March 31, 2008 Recommendation: Authorize payment of Warrant List dated March 31, 2008. (4) First Amendment to Amended and Restated Agreement for Legal Services Recommendation: That the Redevelopment Agency approve the First Amendment to Amended and Restated Agreement for Legal Services and authorize the Chairman to execute the same. PUBLIC HEARINGS There are no public hearings. BUSINESS ITEMS There are no business items. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS BOARDMEMBER COMMENTS ADJOURNMENT The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, April 22, 2008, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, VIVIAN M. MUNSON, Agency Secretary 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. / /ss // VIVIAN M. MUNSON DATE AGENCY SECRETARY CITY OF LADE 9 LSIHORT DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER �C• DATE: APRIL 8, 2008 SUBJECT: CLOSED SESSION REPORT Discussion CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379 - 204 -016 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Albert Saldivar, and Robert Legorreta Under negotiation: Price and terms of payment Recommendation Recess prior to adjournment of tonight's meeting in order to conduct an executive (closed) session. Approved by: Robert A. Brady Executive Director Agenda Item No. 1 Page 1 of 1 CITY OF �R LADE L LSIlYOI�E DREAM EXTREME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A.BRADY2�L CITY MANAGER �1J' DATE: APRIL 8, 2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present a proclamation to Henry Vander Laan. Approved by: Robert A. Brady City Manager Agenda Item No. 2 Page 1 of 1 CITY OF �� LADE , LSINOR, ) ` DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY � p� CITY MANAGER ��' DATE: APRIL 8, 2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present a Certificate of Appreciation for the Children's Fair and Egg Hunt. Approved by: Robert A. Brady City Manager Agenda Item No. 3 Page 1 of 1 CITY OF ink LADE CC! LSIIYOlZE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY' /]( CITY MANAGER 0 DATE: APRIL 8, 2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present a proclamation to Eagle Scout Garrett Highland. Approved by: Robert A. Brady City Manager Agenda Item No. 4 Page 1 of 1 CITY OF �� LAKE IjLSIIYO DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADYpk CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: PRESENTATION Discussion Lake & Aquatic Resources Director Pat Kilroy will make a presentation for Opening Day of the Lake. Approved by: Robert A. Brady City Manager Agenda Item No. 5 Page 1 of 1 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 25, 2008 CALL TO ORDER Mayor Hickman called the Joint Study Session to order at 4:04 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: COUNCILMAN BUCKLEY (Arrived at 5:18 p.m.) Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Information /Communications Manager Dennis, Director of Community Development Preisendanz, Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo, Finance Manager Riley, Planning Manager Weiner, Building /Safety and Code Enforcement Manager Chipman, and City Clerk Munson. DISCUSSION ITEMS Mayor Hickman gave an overview of the presentations and confirmed that the presenters would be present at the 7:00 p.m. meeting. PUBLIC COMMENTS There were no public comments. CONSENT CALENDAR (6) Minutes of the Following Meeting(s) There were no comments. Agenda Item No. 6 Page 1 of 20 (7) Warrant List Dated March 13, 2008 Mayor Hickman inquired about Check Nos. 94388 and 94429. Administrative Services Director Pressey responded to his inquiry. (8) Investment Report — February 2008 There were no comments. (9) Claims Against the Citv There were no comments. (10) Amendment to the Agreement with Riverside County to Provide Road Maintenance on Portions of Hostettler Road Councilman Magee inquired when the clock on this project was to begin Public Works /City Engineer Seumalo responded as soon as the last steamroller is taken off of the pavement, that is when the clock starts which is when the life of the asphalt begins. He stated with regular maintenance, the City can prolong the life of the asphalt, but it is a 15 year expectancy for the pavement. Councilman Magee inquired how much time the City is giving the County to finalize the agreement. Public Works /City Engineer Seumalo responded the document before the City Council has been approved by the County and only requires Council approval. (11) Walnut and Fraser Drives Improvements —Contract Award There were no comments. (12) Consultant Contract Award for Dexter Avenue Councilman Magee inquired if the City had a timetable for the bid, the construction and for the agreement with the County of Riverside. Public Works /City Engineer Seumalo responded staff has been in contact with Riverside County and at this time they identified no funds available to participate. He indicated in speaking with the City Manager, staff was contemplating bringing forward a reimbursement agreement to finance the whole project if the County would agree to pay the City in a certain timeframe which would be negotiated. Agenda Item No. 6 Page 2 of 20 (13) 1 -15 Railroad Canyon Road and 1- 15/SR -74 Interchange Update Mayor Pro Tern Kelley inquired if the March 8th and March 20th meeting occurred with CAL - Trans, what were the results of those meetings. Public Works /City Engineer Seumalo responded at the March 8th meeting, staff with the design engineer, came up with a scenario that staff would like to move forward at the April 8th City Council meeting. He noted that he has not been able to meet up with the traffic engineer to discuss the results of the March 20th meeting. He noted he will summarize the results of that meeting in a memo to the City Council once the traffic engineer returns from his vacation. Councilman Magee inquired when the work would begin on the interim improvements at 1- 15/SR -74. Public Works /City Engineer Seumalo responded at this time, staff is still waiting to secure the $2 million Measure A project monies. He stated staff talked to RCTC and they indicated the plan will be reviewed in May. (14) Status of the General Plan Update and Environmental Impact Report There were no comments. (15) Surveillance System Camera Policy Councilman Magee inquired if this issue was discussed by PSAC. City Manager Brady responded this was more of an administrative /personnel type of a policy. He noted this had to do with the cameras installed at City Hall and under the City's personnel requirements which requires City Council approval. Councilman Magee inquired if this could be shared with PSAC as they discuss cameras for graffiti. City Manager Brady confirmed. Information /Communications Manager Dennis indicated PSAC did appoint Commissioner Lyons as a liaison for surveillance work and will work with staff on the graffiti surveillance camera equipment. (16) Renewal of Animal Control Agreement Animal Friends of The Valleys City Treasurer Weber inquired how many people worked in the Animal Control office. 3 Agenda Item No. 6 Page 3 of 20 Chris Anderson, responded there a total of 32 employees of those '/2 of those work in the office and the others are officers who work out in the field. PUBLIC HEARINGS (17) Industrial Design Review No. 2007 -01 —Brody Industrial There were no comments. BUSINESS ITEMS (18) An Ordinance Amending Section 9.69.120 of the Lake Elsinore Municipal Code Regarding Boat Speed Limits (19) Mayor Pro Tern Kelley inquired how much the special event lake permit costs. Lake & Aquatic Resources Director Kilroy responded the special event permit processing fee is $200, one time only. Lake & Aquatic Resources Director Kilroy reviewed the main points of the amendments to the ordinance. Councilman Magee inquired about the timing of processing the special event permit. Lake & Aquatic Resources Director Kilroy responded processing of the special event permit requires one to file 60 days prior to the event and staff has 30 days to respond to the application. Councilman Magee indicated he feels a 60 day lead time is unreasonable and recommended this information be placed on the City's web site. City Manager Brady indicated the process for processing a special event permit can be reduced. Councilmember Schiffner suggested the City make it possible for the developer to proceed with this project. Community Development Director Preisendanz provided an overview of the design review. He provided a PowerPoint presentation of the changes the developer was proposing. Brian Phelps, MBK Homes, reviewed the changes he was proposing for his project. El Agenda Item No. 6 Page 4 of 20 (20) First Extension of Time for Vesting Tentative Tract Map No. 34017 Leonard Leichnitz, Lumos Communities, indicated he was having a hard time accepting the two year extension recommendation and is requesting Council's support for a three year extension. He indicated he has spent more than $3 million dollars. He also was concerned with the affordable housing condition. The Community Development Director Preisendanz explained that the back basin is a very fluid area and there are many impacts and changes that will occur in the back basin. He indicated staff wanted to review the map in two years because of the area being so volatile. (21) Industrial Design Review No. 2007 -02 for the Design and Construction of an Industrial Complex Consisting of Nine Buildings and Associated Improvements There were no comments. (22) Amendment to Lake Elsinore Municipal Code Section 5.28.270 Establishing No- Limit Wagering in Cardrooms (23) There were no comments. Mayor Pro Tern Kelley expressed concern with the boarding up of windows on the abandoned homes and would like this wording taken out of the ordinance. Mayor Pro Tern Kelley inquired how they be notified of the process and the inspections. Community Development Preisendanz responded there will be a cost and additional staff to address the process for use of Code Enforcement Officers who will identify those properties that have been abandoned and require notification of the new regulations. Building Official Chipman also responded staff will contact the local realtors to notify them of the new regulations. He indicated this process is new and will be a full time job for one person with 500 -1,000 foreclosed properties in Lake Elsinore. REDEVELOPMENT AGENCY CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes There were no comments. 5 Agenda Item No. 6 Page 5 of 20 (3) Warrant List Dated March 13, 2008 There were no comments. (4) Investment Report — February 2008 There were no comments. PUBLIC HEARINGS (5) Industrial Design Review No. 2007 -01 — Brody Industrial There were no comments. BUSINESS ITEMS (6) Affordable Housing RFQ There were no comments. (7) A Proposed Affordable Housing Development (Lakeshore Village) City Treasurer Weber inquired if this was the first development of affordable housing. City Attorney Leibold confirmed. (8) First Extension of Time for Vesting Tentative Tract Map No. 34017 There were no comments. (9) Industrial Design Review No. 2007 -02 for the Design and Construction of an Industrial Complex Consisting of Nine Buildings and Associated Improvements There were no comments. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There were no public comments. R Agenda Item No. 6 Page 6 of 20 ADJOURNMENT Mayor Hickman adjourned the Joint City Council /Redevelopment Agency Study Session at 5:25 p.m. ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 7 DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY Agenda Item No. 6 Page 7 of 20 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 12, 2008 CALL TO ORDER— 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1 a) Pubic Employee Performance Evaluation (Pursuant to Gov't Code §54957): City Attorney (1 b) Conference With Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases The Regular City Council meeting was recessed into Closed Session at 5:30 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Mayor Hickman led the audience in the Pledge of Allegiance. INVOCATION — MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY (Arrived at 7:06 p.m.) COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Agenda Item No. 6 Page 8 of 20 Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo, Information /Communications Manager Dennis, Director of Parks and Recreation Gonzales, Chief of Police Fetherolf, Director of Community Development Preisendanz, Planning Manager Weiner, Redevelopment Manager McCarty, City Treasurer Weber and City Clerk Munson. PRESENTATION /CEREMONIALS (2) Mayor Hickman presented a proclamation to Sonja Wilson. (3) Mayor Hickman presented Certificates of Appreciation to the following members in the United States Armed Forces: Private First Class Steven S. Barker, United States Army; First Class Petty Officer Mathew W. Lochowicz and Second Class Petty Officer Thomas J. Lochowicz, United States Navy; and Specialist Ryan Rushton, United States Army. (4) Glen Daigle, representative from the Lake Elsinore Chamber of Commerce provided an update on Chamber activities. (5) Mayor Hickman presented Certificates of Recognition to various individuals and businesses in acknowledgement of assisting with the Great Clean Air Tree Planting Project completed on March 8, 2008. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss a Pubic Employee Performance Evaluation (Pursuant to Gov't Code §54957): City Attorney and significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases. The City Attorney indicated that there was no reportable action. PUBLIC COMMENTS — NON- AGENDIZED ITEMS —1 MINUTE Linda Howard, Faith Baptist Church, announced Sunday, March 30th from 9:30 to11:00 a.m., members will be honoring community servants and invited the City Councilmembers attend and be introduced. Bruce McMeans, EVAN, announced April 2nd is the 10th Annual Poetry Contest in the Cultural Center at 7:00 p.m.; announced Art Walks on Main Street on Saturday, April 5th; and announced a fund raiser on April 12th to raise funds for the Concerts in the Park. He stated area restaurants will be giving samples of their foods, their will be wine and art and silent auction as well. 2 Agenda Item No. 6 Page 9 of 20 Barbara Anderson, resident, announced the NAACP Branch 1034 Annual Scholarship Banquet will be held Saturday, April 12th from 11:30 a.m. to 2:00 p.m. at Lakeside High School. Mike Matthews, resident, thanked the City Council and City staff for all their help with all of the issues they have been facing on Allen Street and requested a status report. Public Works Director /City Engineer responded the project is headed for an April 1St start date; however, an agreement issue between the Shopoff and Fairfield Group needed to be worked out. He indicated minor edits were made which will turn it around quickly to make the April 1 St deadline. Chris Hyland, resident, expressed her concerns about trucks driving through her tract and prohibiting drive through traffic on her street. She requested City Council place a sign to prevent this problem. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 16 The following items were listed on the Consent Calendar for Council approval: (6) Minutes of the Following Meeting(s) a) Joint City Council /Redevelopment Agency Study Session — March 11, 2008. b) Regular Meeting — March 11, 2008. Recommendation: Approve as submitted. (7) Warrant List Dated March 13, 2008 Recommendation: Authorize payment of Warrant List dated March 13, 2008. (8) Investment Report — February 2008 Recommendation: Receive and file. (9) Claims Against the Citv Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. (10) Amendment to the Agreement with Riverside County to Provide Road Maintenance on Portions of Hostettler Road Recommendation: Approve the amendment to the Road Maintenance Agreement between the City of Lake Elsinore and Riverside County and authorize the Mayor 3 Agenda Item No. 6 Page 10 of 20 to execute the Agreement in such final form as approved by the Director of Public Works and the City Attorney. (11) Walnut and Fraser Drives Improvements —Contract Award Recommendations: a) Award the Walnut and Fraser Drives Rehabilitation and Drainage Improvements to Hardy & Harper, Inc. for the amount of $138,000. b) Authorize the Mayor to execute the contract with Hardy & Harper, Inc. c) Authorize the transfer of the remaining $51,800 to Accounts No. 110- Gas Tax and transfer $133,200 to Fund No. 112- Measure A. (12) Consultant Contract Award for Dexter Avenue Recommendation: Award the consultant contract to Harris & Associates for $64,943 for the preparation of Plans and Specifications for Dexter Avenue. (13) 1 -15 Railroad Canyon Road and 1- 15/SR -74 Interchange Update Recommendation: Receive and file. (14) Status of the General Plan Update and Environmental Impact Report Recommendation: Receive and file. (15) Surveillance System Camera Policy Recommendation: Adopt the Surveillance System Camera Policy within the City's Personnel Rules and Regulations. (16) Renewal of Animal Control Agreement Animal Friends of The Valleys Recommendation: The City Council approve the agreement for Animal Control Services with Animal Friends of the Valleys and direct the Mayor to execute the agreement. It was moved by Mayor Pro Tern Kelley, and seconded by Councilmember Schiffner to approve the Consent Calendar Items No. 6 through 16. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 4 Agenda Item No. 6 Page 11 of 20 NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (17) Mayor Hickman opened the public hearing at 7:46 p.m. Community Development Director Preisendanz presented the staff report. He indicated this was a request for approval of a 46,982 sq.ft. warehouse /concrete tilt up industrial building on a 3.03 acre parcel of land located adjacent to Corydon Road. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Hickman closed the public hearing at 7:48 p.m. It was moved by Mayor Pro Tern Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008 -41, adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tern Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008 -42, approving Industrial Design Review No. 2007 -01. 5 Agenda Item No. 6 Page 12 of 20 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCILMAN BUCKLEY LEFT THE COUNCIL CHAMBERS AT 7:50 P.M. BUSINESS ITEMS (18) Lake & Aquatic Resources Director Kilroy presented the staff report. He highlighted the significant impacts of the ordinance and the costs related to the implementation of the ordinance. It was moved by Councilman Magee, and seconded by Councilman Schiffner to waive further reading and introduce Ordinance No. 1250 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CLAIFORNIA, AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY 6 Agenda Item No. 6 Page 13 of 20 ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Councilman Schiffner to authorize the budget adjustment and the CIP project in Fund 105 in an amount not to exceed $17,100 for the costs related to the implementation of the ordinance. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (19) COUNCIL DENIES AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW COUNCILMAN BUCKLEY RETURNED TO THE COUNCIL CHAMBERS AT 7:54 P.M. Community Development Director Preisendanz presented the staff report. He noted the Planning Commission's recommendations, with a vote 4 -1, to deny Amendment No. 1. He stated this residential design review will be extended out to August where an ordinance will be brought before the Planning Commission on May 6th for the extension of time. Brian Phelps, MBK, thank everyone for allowing him to express their side of the issue. Councilman Buckley requested the applicant place sconces on the walls. Councilman Magee stated he had an issue with the use, not the design of the project. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tern Kelley to deny Amendment No. 1 to Residential Design Review 2005 -24, to include notifying the applicant to apply for the extension. 7 Agenda Item No. 6 Page 14 of 20 (20) The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER ABSENT: NONE ABSTAIN: COUNCILMAN MAGEE Community Development Director Preisendanz presented the staff report. He indicated the applicant requested a three year extension of time. He also noted there was a concession on a Condition of Approval after the applicant spoke with the with Director of Public Works regarding road improvements. Leonard Leichnitz, Lumos Communities, requested three changes to the amended Conditions of Approval — 1) extending the map for three years instead of two; 2) Eliminating Condition Nos. 46 and 87 because after speaking with the Public Works Director, this project is not located within a drainage fee district; and finally 3) Expressed his concerns with Condition No. 27 and recommended wording changes. It was moved by Councilman Magee, and seconded by Councilman Schiffner to waive further and adopt a resolution approving a three -year extension of time to December 13, 2010, for Vesting Tentative Tract Map No. 34017, with regard to the Public Works Conditions changes, acknowledge those as approved by the City Engineer; and with regard to Condition No. 27 allow for all three options to allow the developer to exercise anyone of the three. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER Agenda Item No. 6 Page 15 of 20 (21) NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMAN BUCKLEY Community Development Director Preisendanz presented the staff report. He stated the Planning Commission unanimously recommended City Council approval of Industrial Design Review No. 2007 -02. He indicated staff can require additional landscaping pursuant to the landscape plan as they come in for construction. It was moved by Councilman Magee, and seconded by Mayor Pro Tern Kelley to waive further reading and adopt Resolution No. 2008 -44 adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Mayor Pro Tern Kelley to waive further reading and adopt Resolution No. 2008 -45 approving Industrial Design Review No. 2007 -02. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE 0 Agenda Item No. 6 Page 16 of 20 (22) (23) COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE WAGERING IN CARDROOMS City Manager Brady presented the staff report. It was moved by Mayor Pro Tern Kelley, and seconded by Councilman Buckley to waive further reading introduce Ordinance No. 1251 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 5.28.270 OF THE LAKE ELSINORE MUNICIPAL CODE TO ESTABLISH NO -LIMIT WAGERING IN CARDROOMS The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Community Development Director Preisendanz presented the staff report. He indicated this program is intended as a comprehensive approach to address what occurs when properties are abandoned and to into foreclosure. 10 Agenda Item No. 6 Page 17 of 20 Mayor Pro Tern Kelley stated she would like the wording "boarding up' be taken out of the ordinance. City Attorney Leibold also indicated there were some additional corrections and recommendations with respect to the ordinance the City Attorney's Office would like to City Council to review and approve upon second reading of the ordinance. It was moved by Mayor Pro Tern Kelley, and seconded by Councilman Magee to waive further reading and introduce Ordinance No. 1252 to include the amendments made by the City Attorney's Office and Mayor Pro Tem Kelley as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 8.60 REGARDING ABANDONED RESIDENTIAL PROPERTY REGISTRATION The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS There were no comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Mayor's Prayer Breakfast, March 27th at 7:30 a.m. at Lakeside High School for more information, call (951) 674 -3124. (2) The Lake Elsinore Valley Chamber of Commerce for their monthly Business Mixer, March 27th at 5:30 — 7:30 p.m. at the Storm Stadium Diamond Club. 11 Agenda Item No. 6 Page 18 of 20 (3) Farmer's Market, Thursday, March 30th, from 12 — 4:00 p.m. on the corner of Main Street and Peck. (4) Lake Elsinore Chamber Golf Tournament, April 11th, at the Links at Summerly Golf Course. (5) Lake Season Opening Day, April 12th, where the City kicks off the 2008 season. The City will sponsor "free" lake use on this day. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Councilmember Magee commented on the following: (1) Thanked everyone who donated and participated in Trauma Intervention Program's Golf Tournament. (2) Announced the Animal Friends of the Valley will be holding their golf tournament. (3) Thanked C.J. Stewart, Carole Feeney and the Black Sheep Ministries for the Easter Day observance they held at the Lake Elsinore Motocross Park. (4) Complimented the Lake Elsinore Chamber of Commerce on their new web site. He stated it is truly exceptional web site and welcomed everyone to www.lakeelsinorechamber.com. (5) Requested the City Manager review for compliance the Ulla Lane Development with respect to their construction traffic conditions of approval that Ms. Hyland addressed earlier. (6) Requested, with respect to the Ridgestone Apartments that border Allen Street, that at the April 22" City Council meeting, that Council consider and review all aspects of their project for compliance with their conditions of approval. 12 Agenda Item No. 6 Page 19 of 20 Councilmember Buckley commented on the following: (1) Stated he played in the Golf Tournament, had a fun time for a great cause. Mayor Pro Tern Kelley commented on the following: No comments. Mayor Hickman commented on the following: (1) Thanked the Parks & Recreation Department for their work on the Egg Hunt and Children's Fair. (2) Announced he had extra tickets for the Mayor's Breakfast and to please call him if interested in attending. Mayor Hickman adjourned the meeting at 9:15 p.m. ATTEST: VIVIAN M.MUNSON CITY CLERK DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 13 Agenda Item No. 6 Page 20 of 20 CITY OF LADE 6LSINOIZE ` DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: WARRANT LIST DATED MARCH 31, 2008 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Recommendation Authorize payment of Warrant List dated March 31, 2008. Prepared By: Crystal Robinson n 0 Account Specialist I l� Reviewed By: Matt N. Pressey- r� Director of Admin' trative Services Approved By: Robert A. Brady City Manager Agenda Item No. 7 Page 1 of 6 MARCT1 all, 2®®8 CITY OF ]LAKE lE]LSINOR]E WARRANT FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 546,260.35 102 L.L.E.B.G. PROGRAM FUND 2023.60 105 MISC. GENERAL PROJECT FUND 129,706.01 110 STATE GAS TAX FUND 1,150.71 112 TRANSPORTATION /MEASURE A FUND 1,28919 130 LIGHTING /LANDSCAPE MAINTENANCE FUND 10,955.20 135 L.L.M.D. NO. 1 FUND 649.75 150 C.D.B.G. FUND 28,900.01 205 TRAFFIC IMPACT FEE FUND 3718516 211 STORM DRAIN C.I.P. FUND 1928100 352 A.D. 801 DEBT SERVICE FUND 1,000.00 357 C.F.D. 2003 -02 DEBT SERVICE FUND 1,778.50 362 C.F.D. 950 1996 -E DEBT SERVICE FUND 56,676.17 363 C.F.D. 88 -3 III A/97 SERIES A DEBT SERVICE FUND 1,350.00 364 C.F.D. 88 -3 III B/97 SERIES B DEBT SERVICE FUND 430,500.00 365 C.F.D. 98-1 SUMMERHILL IMPROVEMENT DEBT SERVICE FUND 552,534.71 366 C.F.D. 2005-6 CITY CENTER TOWN HOMES DEBT SERVICE FUND 900100 367 C.F.D. 2006 -1 SUMMERLY /LAING DEBT SERVICE FUND 2,037.50 368 C.F.D. 2006 -2 VISCAYA DEBT SERVICE FUND 900.00 369 C.F.D. 2004 -3 ROSETTA CANYON DEBT SERVICE FUND 1150.00 371 C.F.D. 2005 -1 SERENITY DEBT SERVICE FUND 900.00 372 C.F.D. 2005 -2 ALBERHILL RANCH DEBT SERVICE FUND 1,350.00 373 C.F.D. 2005 -5 WASSON CANYON DEBT SERVICE FUND 46,749.00 374 C.F.D. 2005 -4 LAKE VIEW VILLAS DEBT SERVICE FUND 35010 375 C.F.D. 2006 -4 TR MISS & 32129 DEBT SERVICE FUND 350.00 376 C.F.D. 2006 -3 LA STRADA DEBT SERVICE FUND 350100 377 C.F.D. 2006 -6 TESSERA DEBT SERVICE FUND 350.00 378 C.F.D. 2006 -8 RUNNING DEER ESTATES DEBT SERVICE FUND 35010 381 C.F.D. 2006 -10 RIVERLAKE VILLAS DEBT SERVICE FUND 350.00 382 C.F.D. 2006 -9 TRIESTE DEBT SERVICE FUND 350.00 605 PUBLIC IMPROVEMENT TRUST FUND 136060 606 MOBILE AIR FORCE POLLUTION FUND 72928 608 TRUST DEPOSITS & PREPAID EXPENSE 3,35010 620 COST RECOVERY SYSTEM 132,817.01 650 C.F.D. 2003 -1 LAW & FIRE SERVICE DEBT SERVICE FUND 60060 651 C.F.D. 2006 -5 PARK, OPEN SPACE & STORM DEBT SERVICE FUND 100.00 GRAND TOTAL $ 2,019,733.05 4/2/2008 Warrant 033108 1 of t Agenda Item No. 7 Page 2 of 6 MARCH 2I, 2008 CITY OF ]LAKE lE]LSINOR E WARRANT ]LIST CHECK# VENDOR NAME AMOUNT 94058 VOID -JIMMY FLORES, PLANNING COMMISSIONER $ (147750) 94306 RIVERSIDE COUNTY CLERK 94450 VOID - RIVERSIDE COUNTY CLERK 94497 TIP OF SOUTHWEST COUNTY 94498 UNION BANK OF CALIFORNIA 94499 COUNTY OF RIVERSIDE , DEPT. OF ENVIRONMENTAL HEALTH 94500 SAN BERNARDINO COUNTY SHERIFF'S DEPT. 94501 SANBERNARDNO VALLEY COLLEGE 94502 BCS INSURANCE & FINANCIAL SERVICES, INC. 94503 94504 ICMA RETIREMENT TRUST DEPUTY FRED BOMMER (2,004.75) 1,400.00 1,034,101.25 162.00 30.00 78.60 - - 725.24 4,563.00 125.00 94505 SHERATON HOTEL SACRAMENTO 251.64 94506 LIUNA -LOCAL 777 1,583.00 94507 X -TREME DIAMOND SPORTS 364.00 94508 UNION BANK OF CALIFORNIA 26,219.64 94510 - VOID 0.00 9 4511 A & A JANITORIAL SERVICE - - - -- 650.00 94512 94513 94514 94515 ACOM SOLUTIONS ACTION PARK ALLIANCE, INC. ALESCO DEVELOPMENT, L.L.C. ALESCO DEVELOPMENT, L.L.C. 1,403.00 4,166.00 508.00 1,718.44 94516 94517 ALLIED TRAFFIC EQUIPMENT AMERICAN EXPRESS 1,138.38 524.04 94518 AMERICAN FORENSIC NURSES 316.00 94519 AMERICAN MATERIAL CO. 763.95 94520 AMERICAN PLANNING ASSOCIATION 430.00 94521 ERICA ANDERSEN 381.75 94522 ANIMAL FRIENDS OF THE VALLEY 7,500.00 94523 APPLE ONE EMPLOYMENT SERVICES 183.04 94524 BEN CLARK PUBLIC SAFETY TRAINING CENTER 105.00 94525 CONVERTA -DOC 11,862.75 94526 BOYS & GIRLS CLUB _ 10,000.00 94527 BUNDY CANYON TURF SUPPLY 87,59 94528 BUREAU VERITAS NORTH AMERICA, INC. 8,899.79 94529 C.R.& R DISPOSAL, INC. 4,636.64 94530 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 350.00 94531 CALOLYMPIC GLOVE & SAFETY CO. 30.08 94532 CAMERON WELDING SUPPLY 70.81 94533 CANON FINANCIAL SERVICES, INC. 2,619.69 94534 _ 94535 _64536-94537 CMS BUSINESS S, INC. FORM CNH CAPITAL AMERICA, L.L.C. 827.91 3,251.42 COMPUTER ALERT SYSTEMS, INC. _ 1,244.60 _94538 COST RECOVERY SYSTEMS_ , INC. 4,250.00 94539 DONALD COUGHLIN 145.00 94540 KIRTA.COURY 6379.04 94541 JESS CULPEPER 3525 94542 - D & S ELECTRIC - -- - 1,600.00 94543 DANA POINT MARINA INN 587.40 94544 DAPEER, ROSENBILT & LITVAK, L.L.P 128.90 94545 DATA QUICK INFORMATION SYSTEMS, INC. 259.00 94546 DAVID HOGAN 10 714 92 - - -- - - 94547 DEPUTY JUAN ESTRADA 150.00 - -- - 94548 DEPUTY ROBERT STEWART 150.00 4/212008 Warrant 033108 1 OF 4 Agenda Item No. 7 Page 3 of 6 MARCH 31. 2®®8 CITY OF ]LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 94549 -94550 DIAMOND STADIUM GROUP, L.L.C. 4,499.10 94551 DISH NETWORK 54.99 94552 DO IT CENTER 40.66 94553 CAROLE K. DONAHOE, A.I.C.P. 3,127.65 94554 DOWNS COMMERCIAL FUELING, INC. 3,964.33 94555 DRESCO REPRODUCTION, INC. 430.48 94556-94562 EN.M.W.D. 28,355.31 94563 E.B.S. CONSTRUCTION, INC. 6,200.52 94564 E.G.N. CONSTRUCTION, INC. 68,513.67 94565 ECS IMAGING, INC. 17,751.81 94566 ELSINORE ELECTRICAL SUPPLY, INC. 478.41 94567 ELSINORE VALLEY MUNICIPAL WATER DISTRICT 3,360.00 94568 EMKAY, INC. 898.58 94569 ENVIRONMENTAL CONTROL SOLUTIONS, INC. _ _ 11,480.00 94570 EXCEL LANDSCAPE, INC. 1,810.00 94571 FEDERAL EXPRESS CORPORATION 222.53 94572 JACKIE FENAROLI 94573 FERGUSON GROUP, L.L.C. 94574 FILARSKY & WATT, L.L.P. 94575 FIRST AMERICAN CORE LOGIC, INC. 94576 GOLDEN OFFICE TRAILERS INC. 94577 RAY GONZALES 94578 LORENA HANCOCK 94579 -94582 HARRIS & ASSOCIATES, INC. 94583 HARTZOG & CRABILL, INC. 94584 HDR ENGINEERING, INC. 94585 HI -WAY SAFETY, INC. 94586 HISTORICAL DOWNTOWN MERCHANTS ASSOCIATION 94587 HSBC BUSINESS SOLUTIONS 94588 INLAND EMPIRE LOCK & KEY 94589 INNOVATIVE DOCUMENT SOLUTIONS 94590 SAMUEL JIRON 94591 JOBS AVAILABLE, INC. 94592 JOHN DEERE LANDSCAPES 94593 STEVE KARVELOT 94594 THE L.I.U. OF N.A. Iw1: /:8:Rl15401901 ON WITOXC nsiffEr" 6,000.00 420.25 269.38 32.00 01.1:Xju 53,430.00 4,317.28 86,695.70 495.22 _432.00 345.54 364.08 1,803.16 166.48 35.00 830.76 3,450.00 109.04 94596 LAKE ELSINORE FLORIST & GIFTS 91.53 94597 94598 LAKE ELSINORE GIRLS SOFTBALL LAKE ELSINORE RE- DEVELOPMENT 350.00 4,122.14 94599 LAKE ELSINORE VALLEY SOCCER CLUB 500.00 94600 LAKE ELSINORE VALLEY SOCCER LEAGUE 500.00 94601 94602 LEIBOL_D, MCCLENDON & MANN LEN HOMES NAR 12,015.20 841.75 94603 LEWIS, BRISBOIS BISCAARD SMITH, L.L.P. 594.46 94604 94605 LIM & NASCIEMENTO ENGINEERING CORP. JONATHAN MANOS 73,388.90 55.80 94606 94607 MARKHAM DEVELOPMENT MANAGEMENT DANIEL MARQUEZ _ 9_,501.36 208.50 94608 SANDRA MASSA-LAVITT 4,950.00 94609 LINDA M. MILLER 5,812.50 94610 MOHAMMAD, MOADDAB 566.70 94611 MORROW PLUMBING, INC. 1,097.36 4/2/2008 Warrant 033108 2 OF Agenda Item No. 7 Page 4 of 6 MARCH 3T, 20 ®8 CITY OF LAKE ]E]LSINORE WARRANT LIST CFECK# VENDOR NAME AMOUNT 94612 NETCOMP TECHNOLOGIES, INC. 1,05787 94613 NEXTEL COMMUNICATIONS 2,480.61 94614 NORTH AMERICAN LAKE MANAGEMENT SOCIETY 100.00 94615 NORTHERN SAFETY CO., INC. 87,96 94616 94617 OAK GROVE EQUITIES OCB REPROGRAPHICS 3,826.70 284.94 94618 PACIFIC PRODUCTS & SERVICES 969.51 94619 94620 PAUL MCDONNELL, TREASURER PAUL MCDONNELL, TREASURER 719.42 215.78 94621 -94622 PETTY CASH 582.38 94623 PMW AND ASSOCIATES 820.00 94624 GENARO AND MABEL A. PRATS 1,780.00 94625 PRESENTA PLAQUE CORPORATION - 337.19 946 26 - THE PRESS ENTERPRISE - - 1,150.40 94627 PRODUCTION VIDEO 1,234.38 94628 -94629 PRUDENTIAL OVERALL SUPPLY 344.36 94630 R.H.F., INC. 73.51 94631 RIGHTWAY SITE SERVICES, INC. 98.28 94632 - COUNTY OF RIVERSIDE, OFFICE OF THE R CONTROLLER - AUDITO 2,050.00 94633 - COUNTY OF RIVERSIDE, OFFICE OF ASSESSOR 105.00 94634 COUNTY OF RIVERSIDE, SIHERIFF 2,682.04 94635 SADDLEBACK MATERIALS COMPANY, INC. 855.20 94636 NEIL SAFAI _ 240.50 94637 ADELINA SALAZAR _ 548.04 94638 SC ENGINEERING 14,477.00 94639 SCAQMD 2 797 53 94640 SCOTT FAZEKAS & ASSOCIATES, INC. 94641 SIEMENS 94667 94642 KATHLEEN R. SMITH 94643 DAVID S. SOLOMON 94644 SOUTHEAST CONSTRUCTION PRODUCTS 94645 - 94649 SOUTHERN CALIFORNIA EDISON CO. 94650 SPRINT 94651 STAPLES BUSINESS ADVANTAGE 94652 STAPLES CREDIT PLAN 94653 STAUFFER'S LAWN EQUIPMENT 94654 STEWARTTITLECO. 94655 STRUCTURAL CONSULTANTS - 94656 _- TEAMAUTOAID, INC. 94657 THE LANDON AGENCY 94658 THE SAULS CO. 94659 _ _ TO THE ESTATE OF NICK NASH 94660 TRI LAKES YOUTH FOOTBALL 94661 UNION BANK OF CALIFORNIA 94662 UNITED PARCEL SERVICE 94663 URBAN CROSSROADS, INC. 94664 VERIZON CALIFORNIA. INC. 23,440.91 120.00 _ 528.75 3,135.00 25.00 6,335.39 160.00 134.99 243.71 396.42 300.00 3,033.42 452.16 _ 1,000.00 4,544.85 - 2,076.60 500.00 4,243.67 _ 187.40 827.50 947.42 - 159.95 94666 VERIZON /MCI 575.00 94667 _ VILLAGE EQUIPMENT RENTALS, INC. 605.00 94668 VISION INTERNET PROVIDERS, INC. 15,708.00 94669__ VISTA PAINT CORPORATION 384.72 46 970 WAL- MARTCOMMUNITY 1'17 ')l 4/2/2008 Warrant 033108 3 OF 4 Agenda Item No. 7 Page 5 of 6 MARCH 31. 2008 CITY OF ]LAKE ELSINORE WARRANT ]LIST CFUCK# VENDOR NAME AMOUNT 94671 WEST COAST ARBORISTS, INC.- 697.80 94672 WOODSIDE HOMES _ 433.62 94673 WENDY WORTHEY 7,762.50 94674 HECTOR ZUBIETA 2,469.50 TOTAL $ 1,705,175.53 P/E DATE 03/14/08 PAYROLL CASH $ 154,186.30 03/14/08 PAYROLL TAXES 6_2,124.86 03/19/08 WIRE TRANSFER TO FLEX BENEFITS CHECKS & BANK CHARGES 1,415.45 03/21/08 CALIFORNIA P.E.R.S. 51,781.91 03/25/08 WIRE TRANSFER TO UNION BANK OF CALIFORNIA 45,049.00 GRAND TOTAL $ 2,019,733.05 4/212008 Warrant 033108 4 OF Agenda Item No. 7 Page 6 of 6 CITY OF LSMOIRE DREAM EXTREME» REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADYX CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: WAVIER TO ALLOW ALCOHOL TO BE SERVED DURING THE FRONTIER DAYS EVENT Background The Lake Elsinore Chamber of Commerce has submitted a special event application to hold its first annual Frontier Days event at Alberhill Ranch Sports Park on April 25, 26 and 27, 2008. The event will be a family event that will bring the community together and promote a sense of community. It is the Chambers goal to create a signature event for the City that will foster tourism and enhance the quality of life in Lake Elsinore. Discussion The Frontier Days event will be held from 4:00 p.m. to 10:00 p.m. on Friday April 25, from 10:00 a.m. to 10:00 p.m. on Saturday, April 26 and from 10:00 a.m. to 7:00 p.m. on Sunday, April 27. The event will feature artisans and crafters, carnival rides, a food court, community information booths, two entertainment stages, several old west gun fight shows, and a beer garden. There is no admission charge to enter the event area. Through the planning process, the Chamber has been in contact with the appropriate City Departments to ensure they have submitted all required documents. The event organizers are currently going through the permit approval process. At the March 26th planning meeting staff directed the organizers to contact the County Sheriff Department to obtain approval on their security plan. The next planning meeting is scheduled to take place on April 15, 2008. The Lake Elsinore Chamber of Commerce is requesting a waiver of Lake Elsinore Municipal Code Sections 8.40.040(A); Alcohol is prohibited in City parks and beaches, and 9.28.030; It is unlawful to furnish alcoholic beverages in public. Based on the City Code, both these sections allow City Council to make exceptions for serving alcohol in City parks. Agenda Item No. 8 Page 1 of 3 Report to City Council April 8, 2008 Page 2 Fiscallmpact The Chamber will be responsible for fees associated the County Sheriffs for event security. City staff cost for maintenance, litter control, and traffic control signage will be provided as in kind services and will be absorbed within the City's budget. The estimated cost for this service is $996. Recommendation Approve request from the Chamber of Commerce for waiver of Lake Elsinore Municipal Code sections 8.40.040(A) and 9.28.030 and to allow alcohol to be served during the Frontier Days event. Prepared by: Ray Gonzales ?pv---- Director of Parks & Recreation Approved for Agenda by: Robert A. Brady City Manager Attachments Agenda Item No. 8 Page 2 of 3 CITY OF LADE '( JoLSIHO DREAM EXT,REME� REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: APPROVAL OF DMA MONTHLY CAR SHOWS Background The Lake Elsinore Downtown Merchants Association has submitted a sXecial event application to hold monthly car shows on Main Street beginning April 26T and ending November 22, 2008. The car shows will be family oriented and will serve to bring the community together and promote a sense of community. The goal of the DMA is to promote tourism and shopping in the Historic Downtown Area. This is a great opportunity to market the downtown to our residents and tourist. Discussion The car shows will be held on the fourth Saturday of each month from 2 p.m. to 5 p.m. This monthly event will feature classic auto parts, a food court, car club monthly themes, and a local disc jockey will provide entertainment. There is no admission charge for the event. The event organizers are currently going through the special event approval process. They have put together a tentative plan for themed months and will highlight car clubs that will feature a special theme each month. The Lake Elsinore Storm will have a promotional "Storm Center" booth and will give away Storm tickets and souvenirs. The Public Works Department will post no parking notices along Main Street informing downtown shoppers Main Street will close for the car show. City crews will also be responsible for installing and removing street closures and traffic signage for each event. Requested street closures include Main Street from Sulpher to Franklin Streets from noon to 6 p.m. This will give ample time to clear the streets for the cars to arrive and vendors to set up for the event. Street detours and signage will be set up by 12:30 p.m. and removed at the conclusion of the event. Agenda Item No. 9 Page 1 of 8 Report to City Council April 8, 2008 Page 2 Fiscal Impact The DMA will be responsible for all expenses associated with the promotion and coordination of this event. In -kind service from the City includes the set up and removal of the street barricades and street signage by the Public Works Department. The estimated cost for this service is $5,312. Recommendation Approve Downtown Merchants Association to host a monthly car show which entails street closures and traffic detours. Prepared by: Ra' y Gonzales Director of Parks & Recreation Approved by Agenda by: Robert A. Brady({ City Manager Il��rrn�j'' Attachments Agenda Item No. 9 Page 2 of 8 Cake Elsinore CmIse Day Awards Raffle 4th Saturday 2 p.m. - 5 p.m. (April thru November) • Monthly featured vehicles parkin "Storm Center 50/50 • Swap Meet - $25 to display merchandise • Participate each month in a `Scavenger Hunt' Oldies Music • Club Participation award • Please come to ether to parktogether -thank a "Spmciacl Evert Coctva" • .Apri[26th - Cruise 9&k -0ff • May 24th - *d- White & Blue Day • Tune 28th - Western Day featuring Trucks eh' Chili Cookoff (Clod vs. Club) • Great prize for Chili Cookvff winning club! • 3uly 26th - Teardrop Trailers / Woodys & Surfboards • August 23rd - .?fig Top Day e3' Back, to the 50's Dress • September 27th - Fords Take Center Stage • October 25th - Chevys T44 CenterStage • October is also the Halloween Cruise with Best Costume Award • Npvember 22nd - VarShow "watch for seperate flyer • Npvember will also be Toys for Tots & Decorate your Pde Page 3 of 8 CITY OF LAKE ELSINORE APPLICATION FOR SPECIAL EVENTS PERMIT Description of event: Location of event: D to of Applica. Name of Sponsor (print please) Ale 5A a -.- Address (City /State /Zip) Telephone Name of Special Event Director lqcaLl ntact) drac. SI P &5i//® dd V531 Address (City /State /Zip) Telephone ? -l&� 41oo h5Qo AV Number of persons Anticipated daily Estimated parking employed to conduct attendance spaces needed event (peak time) All of the following documents must be on file prior to start of event. 1. Application for Business Tax to be completed by business owner. Includes, but is not limited to, all commercial and itinerant vendors, carnivals, displays, sellers, anyone who offers a service, and /or contractors performing work. 2. A list of all employees who will be working the event, to include name, current address, date of birth, driver's license, and a current photo of each. 3. A written explanation of the applicant's plans to provide: a. Security b. Fire Protection C. Water supplies and facilities d. Food supplies and facilities e. Sanitation facilities f. Vehicle access g. Parking spaces h. Traffic control i. Clean -up plans for the premises 4. List the ppnumber and type of food concessions. , d 46y, �1 rXA",r/ Agenda Item No. 9 Page 4 of 8 i arting C osing Time Event Time Event Date Date To Open To Close Name of Sponsor (print please) Ale 5A a -.- Address (City /State /Zip) Telephone Name of Special Event Director lqcaLl ntact) drac. SI P &5i//® dd V531 Address (City /State /Zip) Telephone ? -l&� 41oo h5Qo AV Number of persons Anticipated daily Estimated parking employed to conduct attendance spaces needed event (peak time) All of the following documents must be on file prior to start of event. 1. Application for Business Tax to be completed by business owner. Includes, but is not limited to, all commercial and itinerant vendors, carnivals, displays, sellers, anyone who offers a service, and /or contractors performing work. 2. A list of all employees who will be working the event, to include name, current address, date of birth, driver's license, and a current photo of each. 3. A written explanation of the applicant's plans to provide: a. Security b. Fire Protection C. Water supplies and facilities d. Food supplies and facilities e. Sanitation facilities f. Vehicle access g. Parking spaces h. Traffic control i. Clean -up plans for the premises 4. List the ppnumber and type of food concessions. , d 46y, �1 rXA",r/ Agenda Item No. 9 Page 4 of 8 Special Event Permit Application (continued) 5. A diagram of the layout of premises involved showing location of: a. Staging Area b. Parking C. Rides d. Games and concessions e. Fire extinguishers f. Trash disposal and sanitation facilities g. Tents h. Fuel storage i. Emergency vehicle access j. Food supplies /facilities (If requesting a street permit, show route, proposed traffic control locations, site of staging area, parking, sanitation facilities, etc. 6. Insurance certificate shall be submitted to provide proof of personal injury and property damage insurance in the amount of $1 million with the City of Lake Elsinore, its officers, agents, and employees named as Additional Insured. Insurance company must have an A+ rating in .��/1teh_e tip Best's Key Rating Guide. 50, f Aqk � o ', OAe f(��6Ga� Ab_ i 3/ D Company Amount E pi ation Date City Named? 7. Letter of permission from property owner, if applicable. 8. Sign Release and Indemnification Agreement. 9. Sign American with Disabilities Act Discrimination Agreement. SPECIAL DEPARTMENT /DIVISION CONCERNS Police Department - All games, security requirements, and ABC (alcohol) permits must be approved by the Chief of Police or his representative. Estimated man hours recommended for traffic control and /or policing will be handled by the Police Department representative as required. Fire Department - Tents, booths, fire protection devices, fuel storage, cooking apparatus, public assembly areas, and emergency vehicle access. Public Works - a. Traffic Control b. Clean -up C. Trash bins /containers d. Physical facility maintained /repaired Agenda Item No. 9 Page 5 of 8 Date Special Event Packet Mailed Event Name:_ Event Date:_ Contact Person Address: Telephone: CITY OF LAKE ELSINORE SPECIAL EVENT CHECK LIST Fill out event application. File event application and pay filing fee Facility rental fee Pay cash bond for estimate cost of police, fire, and Community Services Division. $ refundable if no costs arise from event. k Develop scale map of event with fire lanes. Obtain $1 million insurance policy naming the City of Lake Elsinore and its officers as additional insured. Obtain an application to serve food from the Riverside County Environmental Health Department. t/ On the day of the event, games, tents, and booths will be inspected by the City's Fire, Police, and Building Departments. Fire inspection permit. Cost will vary depending on number of rides, booths, and tents. Obtain proper permits from Department of Alcoholic Beverage Control when selling alcohol (909/782 -4400) Parking Plan. Alcohol involvement. Group responsible for additional charges arising from the event. Must provide own security. A detailed event cost will be determined after meeting with event promoter. Provide Articles of Incorporation and copies of State and Federal documents identifying group as "non- profit" when applicable. Sign ADA form. _LZ Sign Release and Indemnification Agreement. Provide a letter (if applicable) from landowner allowing event. X = items required to be completed by event promoter Agenda Item No. 9 Page 6 of 8 FEES FOR SPECIAL EVENTS PERMIT Application /Filing Fees: $ Multi -day event $ $ Single -day event $ Outdoor Facility Use Fees: $ 500 Major Event x days $ Deposit or Bond* Type of activity will determine the amount of deposit or bond. $ * Any fees that arise from event will be taken out of bond or deposit. Business license, building permits, fire permits, water permits, and any fees for booth, carnival and tents will be paid separately. AMOUNT RECEIVED: $ Application /Filing Fee Outdoor Facility Use Fee Deposit /Bond (amount covers Police /Public Works) Estimated Costs: Police Fee Public Works Business License * Building Permits * Fire Department Permits * Water Permits * TOTAL AMOUNT DUE: Amount Date Amount Date Amount Date Amount Date Amount Date Amount Date Amount Date * These fees will be paid separately and will vary depending upon the number of businesses, tents, booths, and rides at the event. I DECLARE UNDER PENALTY OF PERJURY THAT THE INFORMATION IN THIS APPLICATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF, IS TRUE AND CORRECT. DATE: .% ?✓'/ �� APPPCAN BY ignature of PresicYgnt, Partner, or Owner BY: Signature of Secretary, Partner, or Owner Procedure Applications must be filed at least 60 -days before the event at the Community Services Department, City Hall, 130 S. Main Street, Lake Elsinore. Departments will review and City Manager provide a response within 30 -days. You may appeal City Manager's decision to City Council within 5 -days after decision rendered. Please file application as early as possible to ensure adequate tim and resolving any problems that may arise with the event. §4d;NftiN8.g Page 7 of 8 SPECIAL EVENT RELEASE AND INDEMNIFICATION AGREEMENT As sponsor of the event described herein, it qi�s� understood that if a permit is approved, we, 7Dl� / ;CPA/ a4ed4WA 49 agree to indemnify the City of Lake Elsinore and its employees, servants and agents, and hold them harmless from any liability, penalty, expense or loss arising out of any injury to any person or damage to any property resulting from the provision or failure to provide services for this special event permit, or the approval thereof, including without restriction any such liability, penalty, or loss resulting from the active or passive negligence of the City, its employees, servants or agents. The undersigned agrees to pay for by the deposit or bond. Signature e of Eve Chair Signature of President /Director additional City costs not covered � 5r 6� Da e Date WITH DISABILITIES ACT (ADA) As sponsor of the event described herein, it is permit is approved, we, agree to follow federal regulations prohibiting the basis of race, color, national origin, age, Signature of Event Chair Date Signature of President /Director Date understood that if discrimination on ,r disability. Agenda Item No. 9 Page 8 of 8 CITY OF , LADE LSIIYOKE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: NETWORK PASSWORD POLICY Background Passwords are the first defense in computer security and protection of user accounts. A poorly chosen password may result in the compromise of the City of Lake Elsinore's entire City network. All City of Lake Elsinore employees (including contractors and vendors with access to City systems) are responsible for selecting and securing their passwords in accordance with the Network Password Policy. Discussion The attached Network Password Policy outlines the purpose of passwords, selection criteria, protection standards, the renewal process, and security breech procedures. Computer technology is the backbone for the processing and storage of information. All City network account users need to be informed of their responsibility to protect this information and eliminate any potential security threat. The consequences of violating the Network Password Policy include disciplinary action up to termination of an employee or contractor. Therefore, the Password Policy was also sent to the City Union representatives for review. Fiscal Impact No fiscal impact Agenda Item No. 10 Page 1 of 8 Network Password Policy April 8, 2008 Page 2 Recommendation Adopt the Password Policy for inclusion in the City's Personnel Rules and Regulations. Prepared by: Mark Dennis IVZ.T Information /Communications Manager Approved by: Robert A. Brady �{' City Manager (�(� Attachment Agenda Item No. 10 Page 2 of 8 A. A C. City of Lake Elsinore Password Policy Password Policy Overview. Passwords are an important aspect of computer security. They are the front line of protection for user accounts. A poorly chosen password may result in the compromise of The City of Lake Elsinore's entire City network. As such, all City of Lake Elsinore employees (including contractors and vendors with access to the City of Lake Elsinore systems) are responsible for taking the appropriate steps, as outlined below, to select and secure their passwords. Purpose. The purpose of this policy is to establish a standard for creation of strong passwords, the protection of those passwords, and the frequency of change. Scope. The scope of this policy includes all personnel who have or are responsible for an account (or any form of access that supports or requires a password) on any network computing system that resides at any City of Lake Elsinore facility, has access to the City of Lake Elsinore's network, or stores any non - public City of Lake Elsinore information. Frequency of Password Change. The frequency is dependent on the type of network account a user maintains. System -level passwords have a higher change frequency than user -level passwords in order to retain a high level of security within the network. Password_Policy -Final Page 1 of 6 AAggfta tem No. 10 Page 3 of 8 L 1. All system -level passwords (e.g., Windows Administrator, QSECOFR, QHTE, application administration accounts, etc.) must be changed on at least a quarterly basis. 2. All user -level passwords (e.g., email, web, desktop computer, etc.) must be changed at least every four months. 3. Exceptions are warranted for increased frequency in the event that network security could be or has been compromised. 4. Users may request a password change at anytime through Information Technology Division in the event a password has been compromised or forgotten. 5. Passwords shall not extend beyond one year from initial issue or from last change request. Acceptable Passwords. Try to create passwords that can be easily remembered. One way to do this is create a password based on a song title, affirmation, or other phrase. For example, the phrase might be: "This May Be One Way To Remember" and the password could be: "Tm61w2R!" or "Tmb1W >r--" or some other variation. NOTE: Do not use either of these examples as passwords! Strong passwords have the following characteristics: 1. Contain both upper and lower case characters (e.g., a -z, A -Z) 2. Have digits and punctuation characters as well as letters e.g., 0- Password_Policy -Final Page 2 of 6 Ag8tem No. 10 Page 4 of 8 F 3. Are at least eight alphanumeric characters long and is a passphrase (Ohmy1stubbedmyt0e). 4. Is not a word in any language, slang, dialect, jargon, etc. 5. Are not based on personal information, names of family, etc. Unacceptable Passwords. Passwords with the following characteristics are considered poor or weak passwords. 1. The password contains less than eight characters 2. The password is a word found in a dictionary (English or foreign) 3. The password is a common usage word such as names of family, pets, friends, co- workers, fantasy characters, etc. 4. Computer terms and names, commands, sites, companies, hardware, software. 5. The words "City of Lake Elsinore ", "elsinore ", "lakeel" or any derivation. 6. Birthdays and other personal information such as addresses and phone numbers. 7. Word or number patterns like aaabbb, gwerty, zyxwvuts, 123321, etc. 8. Any of the above spelled backwards. 9. Any of the above preceded or followed by a digit (e.g., secret1, 1 secret) Password_Policy -Final Page 3 of 6 Ag9tem NO. 10 Page 5 of 8 G. Password Protection Standards 1. Passwords should never be written down or stored on -line. 2. Passwords must not be inserted into email messages or other forms of electronic communication. 3. Do not use the same password for City of Lake Elsinore's accounts as for other non -City of Lake Elsinore access (e.g., personal ISP account, option trading, benefits, etc.). Where possible, don't use the same password for various City of Lake Elsinore access needs. For example, select one password for the Windows Account and a separate password for an AS400 /Naviline Account. 4. Do not share your City of Lake Elsinore passwords with anyone, including administrative assistants or secretaries. All passwords are to be treated as sensitive, Confidential City of Lake Elsinore information. 5. Don't reveal a password to co- workers while on vacation 6. Don't reveal a password on questionnaires or security forms 7. Do not use the "Remember Password" feature of applications (e.g., Outlook, Internet Explorer). 8. Do not store passwords in a file on ANY computer system (including Personal Data Assistant (PDA), Cell Phone, iPod or similar devices) without encryption. Password_Policy -Final Page 4 of 6 Ag8tem No. 10 Page 6 of 8 F Password Compromise or Security Breech 1. If an account or password is suspected to have been compromised, report the incident to the Information Technology Division and change all passwords. 2. If someone demands a password, refer them to this document or have them call someone in the Information Technology Division. 3. Password cracking or guessing may be performed on a periodic or random basis by Information Technology Division or its delegates. If a password is guessed or cracked during one of these scans, the user will be required to change it. System — Level Password Standards 1. User accounts that have system -level privileges granted through group memberships must have a unique password from all other accounts held by that user. 2. Where Simple Network Management Protocol (SNMP) is used, the community strings must be defined as something other than the standard defaults of "public," "private" and "system" and must be different from the passwords used to log in interactively. A keyed hash must be used where available (e.g., SNMPv2). Application Development Standards 1. Application developers must ensure their programs contain the following security precautions. a. Support authentication of individual users, not groups. Password_Policy -Final Page 5 of 6 A j$tem NO. 10 Page 7 of 8 a L. b. Do not store passwords in clear text or in any easily reversible form. c. Provide for some sort of role management, such that one user can take over the functions of another without having to know the other's password. d. Support TACACS +, RADIUS and /or X.509 with LDAP security retrieval, wherever possible. Virtual Private Network (VPN) Users. VPN access to the City of Lake Elsinore Networks via remote access is to be controlled using a token key requiring a personal 4 digit pin number in combination with token key number. 1. Personal 4 digit pin number will be changed in conjunction with user -level password changes every four months. 2. VPN users must have their personal pin and user -level password changed while connected to the network from within City Hall eliminating the possibility of password lockout. Enforcement. Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. M. Revision History Password—Policy-Final Page 6 of 6 Agt9tem No. 10 Page 8 of 8 CITY OF LSIIYORJE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: PROPOSAL TO CHANGE CONTRACTOR FOR PROCESSING OF PARKING AND ADMINISTRATIVE CITATIONS Background In 1996 the City of Lake Elsinore initiated its street sweeping and Parking Enforcement Ordinance in an effort to raise the quality of life for its citizens. The City initiated a contract with CR & R Disposal to provide street sweeping on a bi- weekly schedule in all residential areas throughout the City. The areas were set up to be swept the day after trash was picked up to help remove any excess trash, dirt, and debris caused by the dumping of the trash containers. Discussion As a part of the Street Sweeping Ordinance, signs were erected in all residential neighborhoods to comply with Vehicle Code requirements for notification of the Ordinance. A parking enforcement officer was employed by the City of Lake Elsinore and assigned to ensure that vehicles were kept off the streets in the designated areas during street sweeping hours. Vehicles that were left on the street in violation of the Ordinance were issued citations. To provide for more efficient processing of the parking citations a company was contracted to supply handheld ticket writers (Auto -cite Devices), and to provide for the administrative processing of the parking citations. Duncan Solutions (formerly Environmental Technologies) was contracted and has provided these services to the City of Lake Elsinore since the inception of the Street Sweeping Ordinance. The initial contract was for five years with an automatic renewal on a monthly basis thereafter. As the City of Lake Elsinore has continued to grow, so has the Street Sweeping /Parking Enforcement Program. Initially, one officer could provide the necessary support for the Street Sweeping Enforcement; it now takes two officers to cover the required areas. Agenda Item No. 11 Page 1 of 33 Proposal to Change Contractor April 8, 2008 Page 2 The City originally purchased two Auto -cite Devises using one as a backup in case one malfunctioned. With two officers now using the Auto -cite Devices on a daily basis, we cannot maintain effective enforcement if one of the writers is down for repairs. The Auto -cite Devices had a life expectancy of five years provided they were maintained properly. The City of Lake Elsinore has purchased a maintenance contract from Duncan Solutions every year to keep the devices functioning as properly as possible. These Auto -cite Devices have lasted more than twice as long as expected and desperately need to be replaced. Because the Auto -cite Devices and software are outdated they are no longer available and cannot be upgraded individually due to incompatibility. This brings us up to the present situation of having to replace the Auto -cite Devices as well as the software that allows the devices to electronically transmit the citations to the processing center. This opens the door to purchase more modern devices and upgrade our administrative processing at the same time. Duncan Solutions has provided a necessary service to the City of Lake Elsinore for many years; however, the quality of service they provided has diminished and complaints from the public regarding their service take an increasing amount of staff's time to resolve. By far the most common complaint from the public is the difficulty of contacting the citation processing company to get information. No one likes to receive a citation and it only irritates the public more when they are not be able to talk to someone. In researching companies that can provide a citation processing service to the City of Lake Elsinore, the City's Internet Technology Division, and Code Enforcement Divisions were given a demonstration by Data Ticket/Revenue Experts. Data Ticket/Revenue Experts is a company that can not only process the parking citations but is the only company offering programming and devices to electronically process the Administrative Citations as well. Administrative Citations are currently written by hand by Code Enforcement, Lake Patrol Officers, and Sherriff's Officers, and therefore have to be administratively processed by our staff. Data Ticket/Revenue Experts is the only company currently offering a program to issue these Administrative Citations electronically and provide the follow up notifications. This service alone will free up many hours of staff time and will allow for easy tracking of these types of citations. Agenda Item No. 11 Page 2 of 33 Proposal to Change Contractor April 8, 2008 Page 3 Fiscal Impact The initial cost of the devices and programming will be as listed below, and is also set forth in the attached pricing index. These costs were accounted for and are included in the 07/08 fiscal budget for Code Enforcement. • Two (2) hand -held devices for issuing Administrative Citations: $3,734.00 • Four (4) hand -held devices for issuing Parking Citations: $7,468.00 • Installation, training, initial ticket stock & envelopes: $4,163.00 • Support contracts for six devices per month: $210.00 • Printer cases for six devices (optional): $408.00 • Hand -held car chargers: $172.00 Total $16,155.00 Additional devices would need to be purchased for the Lake Division at their discretion, and for the Sheriff's Department, so that all citations could be tracked and monitored electronically. There is no additional charge for the software to add Lake Operations or the Sheriff's citations into the processing system, only the initial cost of purchasing the hand -held units. Recommendation As Data Ticket/Revenue Experts is the only company to currently offer the processing of both Administrative and parking citations in electronic format, I am recommending that the City Council waive the informal bid process and authorize the City Manager to initiate a Professional Services Contract with Data Ticket/Revenue Experts as a sole source provider. pp L Prepared by: Robin K. Chipman Y Building & Safety Manager Approved by: Robert A. Brady* City Manager ATTACHMENTS 1. Proposal from Revenue Experts with scope of services and fee schedule. 2. Letter from Revenue Experts Outlining Sole Source Provider. 3. Parking Violation Reports for last six years. Agenda Item No. 11 Page 3 of 33 SAMPLE SCOPE OF SERVICE AND PERFORMANCE AGREEMENT Data Ticket, Inc. 4600 Campus Drive, Suite 200 Newport Beach, California 92660 (hereinafter sometimes referred to as "COMPANY ") W W CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA 92530 (hereinafter sometimes referred to as "AGENCY "), The Company intends to provide for the processing of fines, bail and forfeiture thereof, in connection with the issuance of citations for illegal parking pursuant to the laws of the California. ARTICLE I - CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process parking citations which COMPANY shall receive from AGENCY. COMPANY will provide a reconciliation of the number of citations received from AGENCY. 1.2 Determination of Processable Citations: COMPANY shall screen the parking citations referred to it by AGENCY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to AGENCY within seven (7) days of receipt, by COMPANY'S office, for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations properly returned to the AGENCY as unprocessable. 1.3 Collection and deposit of funds: A "direct deposit" system shall be employed for all funds received in payment of citations. The AGENCY shall own the account and deposits shall be made directly into the account by the COMPANY for the collecting AGENCY. The COMPANY will invoice the AGENCY for services rendered. Payment in full shall be due within thirty (30) days after which interest shall be accrued at the rate of 12 %, (or lower if any statutes; rules or regulations prohibit this rate). If the COMPANY deposits into an account held jointly between the AGENCY and the COMPANY, the COMPANY shall reconcile the account the month following the banking activity, disperse all revenue due the AGENCY, the COMPANY, any tax liability and all refunds C:Tocuments and Settings \rchipman\Local Settings7i emporary Internet Files \OL K E9 \La keEs in o reS copeo fSe rvicesCAAg rrRevi sed 07. doc Agenda Item No. 11 Page 4 of 33 and send all supporting documentation to the AGENCY for its records. 1.4 Identification of Registered Vehicle Owners: COMPANY shall exert best efforts and attempt to obtain the name and address of the registered vehicle owner from the State Department of Motor Vehicles (DMV) for each vehicle for which a parking citation has been issued but payment for which has not been received within the required time period. COMPANY shall follow all procedures specified by the DMV, and be consistent with the Vehicle Code when identifying registered vehicle owners. 1.5 Verification of Ownership: COMPANY will take reasonable measures to identify and verify registered vehicle owners. Such measures will take into consideration factors such as issuance of new license plates; address changes; license plate transfers to other vehicles; name changes; and the validity of plates and registration during specific time periods applicable to individual cases. 1.6 Delinquency Notices: In accordance with State law, COMPANY will generate and mail (presorted, first -class postage) no sooner than allowable by law, a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The mailed notice will include all information required by the State Vehicle Code, including, but not limited to, the following: A. The parking citation issuance date and number; B. The consequences of nonpayment (i.e., a hold on the vehicle registration and the imposition of penalties, towing, or issuance of a possible warrant for their arrest; C. The amount of fines and fees due and payable; D. Affidavit of Non - Ownership. 1.7 Registration Holds: The COMPANY will provide the system and procedures and will interface with the State Department of Motor Vehicles to place a hold on vehicle registration having unpaid parking fines and fees due against those vehicles in accordance with the Vehicle Code and any other applicable State and local laws. The notification will be given within a reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state and local law. 1.8 Removal of Registration Holds: COMPANY will provide the system and procedures and will interface with the State Department of Motor Vehicles to remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalties, and fees due against the vehicle and establishes such payment to the satisfaction of COMPANY. 1.9 Contested Citations: In the event a registered vehicle owner disputes the liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his /her right to request an appeal according to the laws in the state of citation issue. All contested citations will be forwarded to the appeals administrator or AGENCY within the prescribed time period so that the matter can be adjudicated. C: \Documents and SettingsVchipman\Local Settings \Temporary Internet Files \OLKEgkLake E Is i no reScopeofSe rvicesCAAgrrRevi sed07. d oc Agenda Item No. 11 Page 5 of 33 1.10 AAPpeals: If requested by AGENCY, the COMPANY will schedule and conduct appeals in accordance with state law, to respond to parking violators wishing to contest their citations. The COMPANY will provide a toll -free number for contestants to call, correspond with contestants and notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court if required. The COMPANY shall not be responsible for the AGENCY'S failure to provide correct or timely infraction information. The AGENCY shall be responsible to pay any court filing fees due, if appeals are sent to Court and earlier decisions are overturned by the Court. 1.11 Citations Disposed of by Hearing /Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellations of parking citations as a result of hearing/ court action. Parking citations that are dismissed as a result of hearing /court action, will have the dismissal processed by the COMPANY promptly after receipt from the Hearing /Court. 1.12 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the AGENCY. COMPANY will promptly return any citation or facsimile properly requested by the AGENCY. COMPANY will maintain records indicating any suspension of citation as a result of AGENCY'S request. COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the AGENCY. 1.13 Payments by U.S. Mail: The postmark date will be the criteria to establish any delinquent fees due. 1.14 Parkinq Citation System Master File Update: COMPANY will regularly, on a daily basis, update the parking citation database with new citations, payments, reductions, cancellations, dismissals and any other pertinent data. ARTICLE II - PAYMENT PROCESSING 2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on -line for at least one (1) year, for research and statistical purposes. 2.2 Payments Processing: COMPANY shall process citation payments within twenty - four (24) hours of receipt. Payments shall be immediately posted in one (1) of three (3) following categories: "Regular Payments" are citations with the correct bail, paid on or before the due date. (This includes payments properly complying with prior Notices -of- Intent). C ;Documents and Settings`achipman \Local SettingsJemporary Internet F ilesiOL K E9 \Lake Elsino reScopeofSe rvicesCAAg rrRevi sed 07.doc Agenda Item No. 11 Page 6 of 33 "Partial Payments" are citations paid for less than the amount of bail due. A notice or additional correspondence may advise defendant of late charges and /or incorrect bail. "Court/Hearing Requests" are all requests for administrative /court hearings by defendants. These requests are sorted so that bail submitted is immediately posted, and if needed the original citations are retrieved. 2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY for proper follow -up either by AGENCY or by COMPANY. 2.4 Batching Procedures: COMPANY shall maintain an effective method of internal control procedures. Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be stored in a file room, for a period of two (2) years. 2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments, using generally accepted accounting principles. 2.6 Deposits: All deposits shall be made daily, subject to regular banking hours. Deposits shall be itemized and detailed information will be captured regarding submitted funds. Deposit slips shall be prepared in triplicate. If a joint account between COMPANY and AGENCY is opened, all deposits shall be directly deposited and COMPANY shall perform all reconciliation and check generation along with monthly invoicing. If only the AGENCY'S designated bank account is used, COMPANY will deposit directly into the designated account, but will have no authorization to perform any other duties. Monthly invoicing will be generated by the parking management system and AGENCY will be responsible to reconcile the account and cut all checks. In that case, AGENCY will supply deposit slips and endorsement stamp to COMPANY 2.7 Revenue Report: A monthly revenue report will list all revenues received during a given month. This report will also provide information regarding the AGENCY'S responsibility for any taxes on collected funds. ARTICLE III — WEB SITE 3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review and interface of its database, including all citations and information relating to C: \Documents and Settings \rchipman \local Settings \Temporary Internet Files \OL KE9 \LakeEls lno reS co peofSe ry icusCAAgrrRevi sedOZ d oc Agenda Item No. 11 Page 7 of 33 changes in status. 3.2 Citizen Web Site Access: When the AGENCY has web site access, the citizens who receive citations will be able to access the web site to review their individual citations, pay on -line and appeal on -line. 3.3 Web Site Interaction: The web site may be "view only" or "interactive," for the AGENCY depending on requirements of the AGENCY. 3.4 Web Site Reports: Web site reports are available to the AGENCY on a daily 247 schedule and export into excel for easy flexible reporting. 3.5 Web Site Cost: Two user ID's and passwords will be assigned to the AGENCY at no cost. Additional user ID's and passwords may be purchased in groups of six. Please see the Cost Exhibit for additional cost. ARTICLE IV — ADDITIONAL SERVICES 4.1 CVC 40215: Services provided include accepting, scheduling, reviewing and hearing of first and second level administrative appeals, interfacing and providing backup for Court appearances and notifying AGENCY contestants by phone and in writing of decisions. The AGENCY shall be responsible to pay the $25.00 Court filing fee if the review and administrative hearing decisions are overturned by the Court. 4. 2 Other Collections: COMPANY shall retain a percent of payments collected on delinquent citations which have been processed in accordance with the current Agreement, and meet the following criteria: A. Delinquent citations; those for which the California State Department of Motor Vehicles have been placed on a registration hold and /or dropped from the registration hold due to a transfer of ownership or non - renewal of registration or a registration hold has not been placed, but the normal daily processing cycle is complete. B. Citations with out -of -state license plates. C. Any other problem or special citations that AGENCY so designates and refers to COMPANY under this Agreement. 4.3 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY'S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase goes into effect. ARTICLE V - GENERAL 5.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or G:\Docurnents and Set' ingswchipmamLocal Settings \Temporary Internet Files \OLKE9 \La keE Is i n o reScopeofSe rvicesCAAgrrRevi sed 07.doc Agenda Item No. 11 Page 8 of 33 letter of a nonjudicial nature. Inquiries of a judicial nature will be referred to the AGENCY for determination, unless the COMPANY has been designated to handle appeals. 5.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without AGENCY'S prior approval. 5.3 Use of Approved Forms: AGENCY shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by the COMPANY. These must conform to State and local law. 5.4 Books and Records: COMPANY will maintain adequate books or records for parking citations issued within the AGENCY'S jurisdiction and referred to COMPANY for processing. Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by AGENCY at the COMPANY'S location at reasonable times upon adequate prior notice to COMPANY. 5.5 Ownership: All reports, information, and data, including but not limited to computer tapes or discs, files, and tapes furnished or prepared by the COMPANY, (collectively the "Materials "), are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder (collectively the "System ") are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Systems. 5.6 Property of AGENCY: All documents, records and tapes supplied by AGENCY to COMPANY in performance of this contract are agreed to be and shall remain the sole property of AGENCY. COMPANY agrees to return same promptly to AGENCY no later than forty-five (45) days following notice to the COMPANY. The AGENCY shall make arrangements with COMPANY for the transmission of such data to the AGENCY upon payment to COMPANY of the cost of copy and delivery of such tape from COMPANY'S computer facilities to AGENCY'S designated point of delivery, plus any open invoices. 5.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to some extent it will have to impart to the AGENCY'S employees information contained in the Materials and Systems (collectively the "CONFIDENTIAL DATA "). The AGENCY agrees that information contained in the data that was marked in writing as "CONFIDENTIAL ", "PROPRIETARY" or similarly, so as to give notice of its confidential nature, when submitted to the AGENCY by COMPANY shall be retained by AGENCY in the strictest confidence and shall not be used or disclosed in any form except in accordance with paragraph 5.8 hereinbelow. The PUBLIC AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA that is related to its business and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure. C:\Documents and Settings \rchipman \Local Settings \Temporary Internet Files \OL KE9 \La ke E Is i na reS co peofSe rvicesCAAg rrRevised 07. d oc Agenda Item No. 11 Page 9 of 33 5.8 Consent For Disclosure: No report, information, data, files, or tapes furnished or prepared by COMPANY or its subcontractors, successors, officers, employees, servants, or agents shall be made available to any individual or organization without the prior written approval of AGENCY other than individuals or organizations that are necessary to properly effectuate the terms and conditions of this agreement. This Non - Disclosure obligation shall survive the Termination of this Agreement. 5.9 COMPANY Files: COMPANY shall maintain master files on parking citations referred to it for processing under the scope of services. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail. 5.10 Storage for AGENCY: A. COMPANY agrees to store original citations for three (3) years, at which time they will be returned to AGENCY or shredded. COMPANY will have such information available on system, CD or diskette for AGENCY'S review for a reasonable time period to permit AGENCY retrieval of such information. AGENCY relieves COMPANY of all liability costs associated with data released by AGENCY to any other person or entity using such data. B. Subsequent to the termination of the contract, COMPANY will return all hard copies to the AGENCY or shred them. If requested, an electronic file, diskette or CD of all processed data will be available to the AGENCY. ARTICLE VI - REPORTS 6.1 Periodic Reports: COMPANY will submit reports to AGENCY each month. The reports will provide activities relating to performance under this Scope of Services. Among the reports, which COMPANY will generate, are the following: A. Report of Revenue Collected for Period B. Report for Parking Citations Issued for Period C. A balanced summary report for issuing AGENCY providing the status of all parking citations at the beginning of the period, current period and at the end of the period. D. A report for issuing Agency identifying registered vehicle owners with multiple outstanding parking citations. E. A report for issuing Agency identifying the parking citations issued, location, and violation by officer. 6.2 Annual Reports: Annually, COMPANY shall comply with existing state laws. C:\Documents and Settings'vchipman \Local Settings \Temporary Internet Files \OL K E91La ke Elsino reScopeofServicesCAAg rrRevised 07. d oc Agenda Item No. 11 Page 10 of 33 ARTICLE VII — TERM OF CONTRACT AND COSTS 7.1 Terms and Renewals: this Agreement shall be for five (5) years commencing as of the last date of signature. Unless notice of termination is made in writing by either party to the other no less than sixty (60) days prior to the end of the scheduled term. This Agreement shall automatically renew for subsequent one (1) year periods. In conjunction with the automatic extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. The AGENCY will have thirty (30) days to respond in writing to the purposed increase. Unless AGENCY gives notice in writing of its rejection of these price adjustments, the term shall be extended with these price adjustments as stated. If the AGENCY gives notice of its rejection of these price adjustments, unless there is a further written Agreement between the parties, the term of the Agreement shall not be extended and the Agreement shall terminate. 7.2 Cancellation: Upon a material breach or upon sixty (60) days written notice to the COMPANY, the AGENCY may cancel or terminate this Agreement. The COMPANY shall have thirty (30) days to cure any material breach or defect set forth in the written termination notice provided by the AGENCY. 7.3 Exclusivity: AGENCY agrees to utilize only the services of the COMPANY during the term of the Agreement for the processing of the citations referred to above. AGENCY agrees during the term of the Agreement, to not directly or indirectly engage a competitor of the COMPANY for the performance of the services provided by the COMPANY under this Agreement. 7.4 Costs: Please see Cost Proposal Exhibit A for all associated costs. ARTICLE VIII — CLAIMS AND ACTIONS 8.1 AGENCY Cooperation: in the event any claim or action is brought against COMPANY relating to COMPANY'S performance or services rendered under this Agreement, COMPANY shall notify the AGENCY, in writing, within five (5) days, of said claim or action. 8.2 Hold Harmless: COMPANY and AGENCY agree to the following hold harmless clauses. A. COMPANY agrees to indemnify, defend, and hold harmless the AGENCY and its officers and employees against all claims, demands, damages, costs, and liabilities arising out of, or in connection with the performance by COMPANY or AGENCY or any of their officers, employees or agency under this AGREEMENT, excepting only loss, injury or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees. B. AGENCY agrees to indemnify, defend and hold harmless the COMPANY and its officers and employees against all claims, demands, damages, costs and liabilities C' \Documents and Settings \rchipnnaMLocal Settings \Ternporary Internet Files\ OLKE8\ LakeElsinoreScopeofServicesCAAgr rRevised0 7.doc Agenda Item No. 11 Page 11 of 33 for loss, injury or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees arising out of or in connection with the performance by the AGENCY or any of its officers or employees under this AGREEMENT. ARTICLE IX — SUBCONTRACTORS AND ASSIGNMENTS 9.1 Subcontracting: COMPANY is authorized to engage subcontracts as permitted by law at COMPANY'S own expense, subcontracts shall be deemed agents of COMPANY. 9.2 Assignments: This contract may not be assigned without the prior consent of the AGENCY. It is understood and acknowledged by the parties that the COMPANY is uniquely qualified to perform the services in this Agreement. ARTICLE X - INDEPENDENT COMPANY 10.1 COMPANY'S Relationship: COMPANY'S relationship to the AGENCY in the performance of this Agreement is that of an independent COMPANY. Personnel performing services under this Agreement shall at all times be under COMPANY'S exclusive direction and control and shall be employees of COMPANY and not employees of the AGENCY. COMPANY shall pay all wages and salaries and shall not be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. Neither COMPANY nor any officer, agent, or employee of COMPANY shall obtain any right to retirement benefits or other benefits which accrue to employees of AGENCY, and COMPANY hereby expressly waives any claim it might have to such rights. ARTICLE XI— INSURANCE 11.1 Insurance Provisions: COMPANY shall provide and maintain at its own expense during the term of this Agreement, the following policy or policies of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the AGENCY and certificates of such insurance shall be delivered to the AGENCY on or before the effective date of this Agreement. Such certificates shall specifically identify this Agreement and shall not be cancelled, reduced in coverage or limits or non - renewed except after thirty (30) days written notice has been given to the AGENCY. A) Comprehensive general liability insurance covering bodily and personal injury and property damage. Limits shall be in an amount of not less than one million ($1,000,000) dollars per occurrence. Such insurance policies shall name the AGENCY, its officers, agents and employees, individually and collectively, as additionally insured. Such coverage for additional insured shall apply as primary insurance and any other insurance or self- insured retention maintained by the C:Tocuments and Settings \rchipmanTocal Settings',Temporary Internet Files\ OLKE9\ LakeElsinoreSCopeofServicesCAAgrrRevisedO i.doc Agenda Item No. 11 Page 12 of 33 B) AGENCY, its officers, agents and employees shall be excess only and not contributing with insurance provided under said policy. C) Comprehensive automobile liability owned, non -owned and hired vehicles with not less than one million ($1,000,000) dollars combined single limit, per occurrence for property damage and for bodily injury or death of persons. Such insurance shall include the same additional- insured and cancellation notice provisions as specified above and may be combined with the comprehensive general liability coverage required above. D) Throughout the period of the Agreement, COMPANY, at it's sole cost, shall maintain in full force and effect a policy of worker's compensation insurance covering all of its employees as required by the labor code of the State of California. ARTICLE X11— ENTIRE AGREEMENT 12.1 Integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally and no modification or any claim or waiver of any of the provisions shall be effective unless in writing and signed by both parties. 12.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California. CiDocuments and Settingstrchipman \Local Settings \Temporary Internet Files \OLKEg \La ke E Is i n o reS mpeo FSe rvicesCAAgrrRevised 07. d oc Agenda Item No. 11 Page 13 of 33 12.3 Notice to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first- class, addressed to the following: AS TO THE AGENCY: THE CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA 92530 AS TO THE COMPANY: DATA TICKET, INC. A California Corporation 4600 CAMPUS DRIVE, STE 200 NEWPORT BEACH, CALIFORNIA 92660 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year last written below. AGENCY: THE CITY OF LAKE ELSINORE COMPANY: DATA TICKET, INC. Signature: Title: Date: Signature: Title: Date: C`Documents and Settings \rchipman \local Setbnas\ ?amperary Internet Files\ OLKE9\ LakeElsinoreScopeofSewicesCAAgrrRevised0 i.doc Agenda Item No. 11 Page 14 of 33 Exhibit A FEE PROPOSAL THE CITY OF LAKE ELSINORE Description — Phase I Proposed Fee Fee for processing and collecting each citation $ 19.00 /cite" * Fee if parking is part of contract. Fee if parking is not part of contract is $22.00 /cite. Specified services and material covered by the Fee for all citations shall include: • Data entry of handwritten citations and entry of electronically transferred citations • Processing and collection of all payments • Disposition and status updating • All forms and tracking • Correspondence tracking and response Up to four Notices • 800 line voice mail information 24 hours per day, 7 days per week • 800 line customer service answered by customer service representative • Daily Bank Deposits • Bank reconciliation • Comprehensive monthly management reports on issuance and revenue • All required insurance • Local corporate headquarters * (Minimum monthly fee $ 150.00 per month) Applies if basic charges are less than that amount. Additional Client Real Time Viewing & Reporting on Client $ 50.00 /month Database Includes: • Client access to entire database real -time includes up to six user passwords • Viewing and printing citation management reports 24/7 • Citizen web site access for viewing and paying citations 2417 CONFIDENTIAL INFORMATION Code�nfl 'IaiPeeSchedulrt.akel'I�inore doc07 Agenda Item No. 11 Page 15 of 33 Description — Phase II • Social Security Number Access $ • (One request for multiple citations attached to one violator) Franchise Tax Board Interface (Interagency Intercept Program) Includes: • Database transfers • Multiple debts consolidated to one record with total due • Files sent to IIP • Noticing • Daily deposits • Payment reconciliation • Deposit reconciliation • Toll -free customer service inquiry lines • Web site inquiry and payment access 24/7 • Overpayment verification and refund service • Customer correspondence as required • Forms • Paperwork back -up • Database updating • IIP updating • Monthly management reports Fee to Violator for Company Credit Card Usage 5.00 /request 15% of collected revenue $ 3.50 /use Option: In- person Hearing and Toll -Free Hearing Appointments $ 75.00 /hr (four -hour minimum every 60 to 90 days, two hearings per hour) All correspondence and taped hearings included; interface with court and client, if hearing goes to court. Cost to Purchase Hand Held Ticket Writers: Please see Cost Sheets for Ticket Writers, upon selection of preferred unit, a total cost proposal will be generated for Agency including exact costs for all hardware, software, ticket stock, envelopes and additional items. CONFIDENTIAL INFORMATION o,Me iQ'Inll ecSchcuulcLal.eGismnre do, 0- Agenda Item No. 11 Page 16 of 33 ATTACHMENTB COST PROPOSAL FOR THE CITY OF LAKE ELSINORE Description Proposed Fee Fee for processing and collecting each citation: $ 1.25 per cite Fee for collecting each out -of -state citation: 30% of collected revenue A monthly minimum fee of $150.00 will be assessed if the fees for each month fall below that amount. Specified services and material covered by the fee for both in -state and out -of -state citations include: Data entry & updating of all handwritten citations & electronic entry & updating of all handheld citations Collecting, processing & applying all payments Processing all status changes to citation database Two user ID's & passwords for Client Access to Web Site Viewing and printing of citation management reports and citations at the City 24/7. City will always have access to its citation database including all status updates real -time. Additional user passwords can be issued for a small additional fee. Company credit card payments accepted via phone or paper Company credit card payments accepted on -line, real -time via Ticket Wizard 5000 web site 2417 citizen access to City database to view, appeal and pay citations On -Line connection to California DMV for daily registered owner information files On -Line connection to California DMV for daily hold and release files On -Line connection to Florida, Ohio, Texas, Washington, Oregon, New York and Maryland DMV's for registered owner information Interface with other DMV's nationwide for registered owner information via diskette, CD & tape, etc. Interface with third party vendor for nationwide registered owner information All forms, postage and tracking Correspondence tracking and response Bi- lingual 800 line voice mail information 24 hours per day, 7 days per week Bi- lingual 800 line customer service answered by customer service representatives Daily bank deposits Bank reconciliation Complete audit trail Comprehensive monthly management reports on citation issuance and revenue available on -line as well as in hard copy with month -end invoice All required insurance California Corporate Headquarters Confidential Information C: \Documents and Settingslrchipman \Local Settings \Temporary Internet Files\ OLKE91LakeElsinoreFeeSched07 .dAgenda Item No. 11 Page 17 of 33 Scheduling: Review, Hearing and Court Appearances $ 0.75 per citation Hearings: All Hearing Appointments, two per hour $75.00 per hour scheduled. (Minimum four hours per visit for in- person hearings. Visits are scheduled in accordance with City requirements at a designated City location, but no less than every 90 days, according to CA law). Additional Correspondence Refunds handled by Company Fee for Delinquent Collection Notices — (Old Citations that have gone through the normal collection cycle including DMV hold, or are 6 months or older and remain uncollected) OPTIONAL SERV ICES: For each group of six additional user ID's & passwords For real -time viewing & reporting on City database FTB Tax Lien Participation: Matching social security number to debts Collections, file adjustment& reconciliation reports $ 1.50 per piece $5.00 per refund 32% of collected revenue $50.00 per group $ 5.00 per SS request 15% of collections City will pay all bank charges and court filing fees for citation appeals. Convenience Fee to Violator for Company Credit Card Usage is $3.50 per use on Web Site, phone & paper credit card payments. Fee to be paid to Company. Postage increases to be charged as increased by the US Postal Service. Confidential Information CADocuments and Settings\rchipman\Local SettingsJemporary Internet Files\ OLKE9 \LakeElsinoreFeeSched07.doAgenda Item No. 11 Page 18 of 33 Exhitit B DESCRIPTION ADMINISTRATIVE CITATION PROCESSING AND COLLECTIONS Services required for the processing, collection and appeal of Administrative Citations for you and your affiliated departments are described below. The benefits of using the administrative citation management system are: • Toll free phone inquiries provided for citizens • Web Site access for citation look -up provided for both citizen and Agency • Credit cards payments accepted on -line • System marked real -time • Payment accepted by check, money order, or credit card • Data entry and citation tracking is handled • Reports are available 2417 on the Web Site for the Agency • Handheld ticket writers are available • Multiple notices sent • Delinquent fees collected • Monthly reports provide payment reconciliation • Monthly reports on citation status • Appeals handled professionally and impartially • Trained and certified hearing officers provided • Documentation is prepared and stored in case of court appeals • Social Security numbers are accessed for Interagency Intercept Program participation • Interagency Intercept Program collections are offered • System marked and documented as payments collected through FTB The process is as follows: • The Agency provides warning(s) to citizen regarding violation(s) and a time frame established for compliance. • The Agency revisits site for compliance, if no compliance the citation is written. • The citation specifies the violation(s) and informs the violator of the time frame from the date of the citation to pay the violation(s) and /or correct it/them. CONFIDENTIAL INFORMATION C:0ocunnents and Sethngstrchipnnan�.oca! SetungslTennporary !nte: net Fi! es�. OLKF _S�Codecnfercer,•ie�ntNrnczss� t�7ddc�'�1em No. 11 Page 19 of 33 • A copy of the citation is sent to The Company for collection on a daily /weekly basis within 7 days of issuance. • Citations received from the Agency are keyed or entered electronically into The Company citation management database. • The Violator has (per agency) days to pay or contest (appeal) the citation from the date of issue. • If paid, payment will be entered on the Company system and deposited in Agency's bank account. • Upon receipt of the citation for process, if no payment is made within the specified time (by Agency), the Company will mail a first notice of delinquency for payment. • After (per Agency) ays from the date of the first notice, if the citation remains unpaid, the Company will mail a second notice of delinquency for the total amount due (including any added penalties). After (per Agency) days from the date of the second notice, if the citation is unpaid, the Company will mail a final notice demanding payment. This notice will indicate the future actions that will be taken to collect the fine including submitting the violator's name to the Franchise Tax Board for collection through the Interagency Intercept Program, and that additional processing costs may be added to the fine. • After 30 calendar days from the date of the final notice, if the fine is still unpaid, the Company will place the citation on the Interagency Intercept Program list for submission at the appropriate time. • The Company will then access social security numbers to attach to citations that are eligible for the program. • All citations attached to the same social security number will be grouped together for submission, with a total amount due showing. • Citations will be placed in the Program during the Company's normal file transfer to the Franchise Tax Board. • When the Company places a citation with the Interagency Intercept Program the amount of the fines plus any additional charges will be included on the total amount due by the violator and may be paid in full or in part depending on the amounts available for dispersal. CONFIDENTIAL INFORMATION C1Documents and Settings\rchipman\Local Settings \Temporary Internet Files\ OLKE91CodeEnforcementProcesAddRdd oftem No. 11 �J° Page 20 of 33 Hearing Requests • If violator wishes to contest the administrative citation, a toll free number will have been provided on the citation and upon calling the number the violator will be instructed to put their appeal in writing on a form supplied by The Company (or Agency) and post the entire amount of the bail. If an appeal is not directed to the Company but received by the Agency, the Agency will forward the appeal to the Company. A review will be scheduled and conducted and the decision will be sent to the citizen. • When the appeal and bail are received within the time frame allowed, the violator will be scheduled for a hearing. This information will be transmitted to the Agency via fax and email. The violator will be notified that the appeal has been approved to go forward and will be notified of the time, date and place of the hearing. • If the appeal is not received within the allowable time frame allowed and /or if the entire bail is not posted both the Agency and the violator will be notified that the appeal request has been denied. • All supporting documentation will be requested by The Company from the Agency (including officer's notes and pictures) for the actual hearing. • Following the hearing, the citizen will receive written confirmation of the decision of the Hearing Officer sent by certified mail with 10 days of the conclusion of the hearing. The Agency will be notified of the same via fax. • If the citation is upheld, the information will include further instructions to the violator, including the time frame for a court appeal if the violator desires to continue to contest. • If the citation is dismissed, the Agency and the violator will be notified and a refund will be generated for the posted bail. • If there is no further appeal within the time frame allowed, the Agency will be notified of the outcome and the case closed. • If the violator appeals to the court he is subject to pay the $25.00 court- filing fee. • The Company will notify the Agency and all supporting information for the case will be forwarded to the Agency for the court appearance. CONFIDENTIAL INFORMATION C: \Documents and Settings\rchipman\Local Settings \Temporary Internet Files \OLKE%CodeEnforcementProcessN 4idlJ9tem No. 11 �J° Page 21 of 33 • The court decision will be copied to The Company and any refund or correspondence required will be handled. If the court dismisses the citation, the Agency will be responsible for refunding the $25.00 court- filing fee. • The system will be updated with the appropriate information and the case closed. • If there is no response to the notice of delinquency from the violator, the Agency will be notified for a decision on further action. Options include closing the citation unpaid, the Agency filing in small claims court against the violator or notification of the Interagency Intercept Program to attach any state tax returns or lottery winnings that would be paid to the citizen during the year. The Hearing Officer will be an impartial official with previous experience in holding hearings and training on Municipal Code Enforcement and who has been trained according the requirements for administrative hearings as mandated by the California legislature and has additional training from the adjudication manual. The Hearing Officer will not be compensated on a commission basis and there will be no connection between decisions and compensation for the job. Hearing Officers will be subject to review by the Agency at the Agency's expense. The only responsibilities to be borne by the Agency are the provision of space for the in- person hearings to be held on a bi- monthly basis, the referral of the original citations and any requested supporting documentation for hearings, and the occasional appearance at a court hearing. The Company will provide forms, notices, correspondence, scheduling, documentation, database updates, tracking, reporting, banking, a toll -free number for violator questions, web site access, the Hearing Officer and all software and hardware required to handle the job efficiently and effectively. We are confident that the Agency will enjoy the benefits of this unique service. CONFIDENTIAL INFORMATION C:'Documents and SettingsVchipman \Local Settings \Temporary Internet Files\ OLKE9\ CodeEnforcement °rocesgpt'6i�ddcftem No. 11 �J Page 22_ of 33 TUNrxSTEN°I SPECIAL FEATURES 1 320x320 Color Display 2 Speaker (on back) 3 Stereo Headphone Jack 4 Infrared Port 5 Stylus 6 5 -Way Navigator 7 Calendar 8 Contacts 9 Tasks 10 Note Pad 11 Multi- Connector 12 Expansion Slot HIDDEN FEATURES 13 Bluetoothp wireless technology 14 Rechargeable Battery Marjorie /Sales /Hand held s /Tu ngstem 1, d oc %product Datasheet (PDF: 140KB / 2 pages) Agenda Item No. 11 Page 23 of 33 SPECIFICATIONS OPERATING SYSTEM Palm OS@ Garnet (v5.4) PROCESSOR Intel 200MHz Xscale DISPLAY 320x320 Transflective TFr color display with better color saturation, supports more than 65,000 colors BATTERY Rechargeable Lithium Ion battery SIZE AND WEIGHT mg Marjorie /Sales /Hand heldslrungstem7.doc MEMORY 32MB (26MB actual storage capacity) EXPANSION SLOT Supports SD, SDIO and MultiMediaCard expansion cards (sold separately) S -WAY NAVIGATOR BUTTON Access information with just one hand STEREO HEADPHONE JACK Accepts standard stereo headphones for audio playback (sold separately) BUILT -IN BLUETOOTH® WIRELESS TECHNOLOGY Communicate wirelessly and share files, photos and more with nearby devices enabled with Bluetooth® wireless technology SUPPORTED DESKTOP SYSTEM REQUIREMENTS • PC running Windows 2000 or XP with one available USB port (requires admin rights to install) or • Mac OS X, version 10.2.6 to 10.3 (requires admin rights to install) REMOTE EMAIL AND INTERNET ACCESS REQUIREMENTS Requires compatible Bluetooth phone, data service from a mobile service provider and an ISP, sold separately Agenda Item No. 11 Page 24 of 33 PP -55 PORTABLE PRINTER This is the next generation of the popular PP -50 printer. The printer is carefully designed for your PDA to fit snugly onto the top of the printer in the "cradle ", and dock into the connector at the bottom of the cradle. Thus printer and PDA can be held in one hand, with the other hand free to operate it. Combined with one of the holsters (carrying cases), a wide variety of portable applications can be addressed. Equipping the printer to handle a different PDA is simply a matter of replacing the PP55's "cradle," which is a part of the housing of the printer. Cradles can be obtained separately. If a PDA becomes discontinued and you have to switch to another, you would only have to buy a new cradle for the new PDA. Product Description The Infinite Peripherals PP -55 portable printer comes complete with software to allow you to print from the various PDA applications. The print manager software enables the PP -55 to do a screen print from any screen. Following is information on the PP -55 portable printer for PDAs. The PDA is placed into a cradle on top of the printer. Belt -clip carrying cases ( "holsters ") are available which allow the printer with the loaded PDA to be slipped into the case and custom holsters designed for specific printer /PDA combinations. The PP -55 features a very fast (50mm per second) print speed utilizing a state of the art fixed head thermal printer mechanism. 7WLx33 /8 "Wx1 WD 15 ounces Agenda Item No. 11 Page 25 of 33 WIZARD WRITE 5000 BASE PRICING FOR PALM TUNGSTEN E2 HANDHELD TICKET WRITER AND PP -55 PDA PRINTER Price Per Handheld ITEM COST Palm, base station, power cords $1199 PP -55 Printer, power cable $34 PP -55 Printer Case CO -58 $35 Wizard Write 5000 Software $1,867 Total cost per unit (plus applicable tax) $170 Price Per Install ITEM COST Installation and Training — Includes 2 days $1199 On -site training & support. (Travel & $34 Expenses to be invoiced at actual cost) $35 Ticket Stock, 18,000 tkts, 60 tkts /roll, Hi- 1956 Temp stock $170 Envelopes, 18,000 #7, printed two sides 1008 (Shipping to be invoiced at actual cost) Total cost (plus applicable tax) $4,163 Recurrina Costs ITEM COST Support Contract: Replace /repair HH unit, $17 8 -5 phone support M -F, remote repair and $34 updates; per unit, per month $35 Accessories — Optional ITEM COST Palm Stylus Replacement (3 Pack) $17 Palm Screen Protector (12 Pack) $34 PP -55 Printer Case CO -58 (extra) $68 PP -55 Battery Replacement $26 PP -55 Magnetic Card Reader $170 PP -55 Car Charger $43 (plus applicable tax) CONFIDENTIAL CADocuments and Settings\rchipman \Local Settings\Temporery Internet Files\OLKE9\Pricing Palm- TungslenE2- PP- 55PrintA -66nda Item No. 11 �J° Page 26 of 33 SOLE SOURCE VALIDATION We believe that Data Ticket & Revenue Experts, Inc. are the only companies currently offering the combination of services listed below specifically for parking and administrative citation program management and collections. 1) Customized web based, integrated but individual software citation management services for the Processing & Collection of Parking and Administrative Citations. 2) Secure, real -time web site access to database provided to Client for citation status and reporting information. 3) Real -time web site access provided to citizen for citation verification and on- line credit card payment. 4) No charge to City for credit card payments. 5) Multiple customized delinquent notices sent per unpaid citation. 6) Time frame & event driven delinquent notices sent on a daily basis — not random. 7) Live and automated customer service for citizens calling in. 8) On -line California DMV interface. 9) Independent unbiased third party fully trained and certified hearing officers for appeals. 10) Ability to merge all debts, using a minimum dollar cutoff for FTB placements. 11) Ability and access to match social security numbers based on name and address information. 12) Full interface capability with FTB. (Company does all paperwork, formats & sends all Interagency Intercept Files, marks management system, tracks remaining balances and generates reports based on payments made through FTB. 13) Company acts as an Agent for the City, not as an independent party. 14) Company offers handheld tickets writers providing all hardware, software and maintenance (no third party dependence) 15) Vendor has been providing these services continuously as a primary business for a minimum of four years. iy C Agenda Item No. 11 Page 27 of 33 FlY ®2/®3 FISCAL YEAR 2002/2003 NET DUE CITY FROM ENFORC. TECHNOLOGY ENFORCEMENT RIVERSIDE COUNTY TECHNOLOGY ASSESSMENT FEES PAID FEES PAID AMOUNT OF PROFIT /(LOSS) FOR MONTH Jul -02 $5,281.40 ($573.98) ($810.00) $3,897.42 Aug -02 2,647.35 (514.32) (390.00) 1,743.03 Sep -02 5,417.05 (1,067.57) (760.00) 3,589.48 Oct -02 8,011.01 (610.48) (1,265.00) 6,135.53 Nov -02 7,117.88 (914.01) (925.00) 5,278.87 Dec -02 6,751.28 (604.57) (1,050.00) 5,096.71 Jan -03 12,738.74 (1,147.22) (1,665.00) 9,926.52 Feb -03 11,658.78 (786.67) (1,640.00) 9,232.11 Mar -03 12,238.60 (1,490.61) (2,035.00) 8,712.99 Apr -03 17,384.62 (1,374.81) (2,840.00) 13,169.81 May -03 13,682.12 (972.31) (2,085.00) 10,624.81 Jun -03 13,606.09 (1,256.98) (1,970.00) 10,379.11 GRAND TOTALS $116,534.92 ($11,313.53) ($17,435.00) $87,786.39 4/2/2008 9:58 AM C: \Documents and SettingsVchipman \Local Settings \Temporary Internet Files \Content.OUtlook\P4UNCUM3 \Parking Violatiorvft�oark"temNjas 11 Page 28 of 33 PARKING VIOLATION REPORT FN 03/04 FISCAL YEAR 2003/2004 NET DUE CITY FROM ENFORC. TECHNOLOGY ENFORCEMENT TECHNOLOGY FEES PAID RIVERSIDE COUNTY ASSESSMENT FEES PAID AMOUNT OF PROFIT /(LOSS) FOR MONTH Jul -03 $14,742.26 ($1,008.63) ($2,140.00) $11,593.63 Aug -03 $14,719.02 ($1,386.54) ($2,060.00) $11,272.48 Sep -03 $17,509.06 ($1,341.49) ($2,500.00) $13,667.57 Oct -03 $14,517.25 ($1,068.79) ($1,895.00) $11,553.46 Nov -03 $11,492.40 ($1,026.92) ($1,560.00) $8,905.48 Dec -03 $14,686.18 ($1,180.57) ($2,065.00) $11,440.61 Jan -04 $14,748.50 ($1,095.12) ($1,855.00) $11,798.38 Feb -04 $12,955.84 ($984.61) ($1,890.00) $10,081.23 Mar -04 $17,794.28 ($1,361.00) ($2,280.00) $14,153.28 Apr -04 $18,022.97 ($1,649.26) ($2,550.00) $13,823.71 May -04 $16,418.32 ($1,335.43) ($2,295.00) $12,787.89 Jun -04 $17,184.06 ($1,136.69) ($2,475.00) $13,572.37 GRAND TOTALS $184,790.14 ($14,575.05) ($25,565.00) $144,650.09 5/27/2004 P:Parking Violationftwd *m4, % 11 Page 29 of 33 PARKING VIOLATION REPORT FN 04/05 FISCAL YEAR 2004/2005 NET DUE CITY FROM ENFORC. TECHNOLOGY ENFORCEMENT TECHNOLOGY FEES PAID RIVERSIDE COUNTY ASSESSMENT FEES PAID AMOUNT OF PROFIT /(LOSS) FOR MONTH Jul -04 $15,759.54 ($1,342.95) ($2,005.00) $12,411.59 Aug -04 $15,865.16 ($1,421.39) ($2,475.00) $11,968.77 Sep -04 $14,718.25 ($1,090.81) ($2,110.00) $11,517.44 Oct -04 $11,238.57 ($715.90) ($1,560.00) $8,962.67 Nov -04 $10,243.76 ($819.58) ($1,325.00) $8,099.18 Dec -04 $10,095.89 ($761.69) ($1,325.00) $8,009.20 Jan -05 $11,805.22 ($996.51) ($1,605.00) $9,203.71 Feb -05 $11,306.40 ($956.29) ($1,645.00) $8,705.11 Mar -05 $14,012.32 ($980.80) ($1,930.00) $11,101.52 Apr -05 $13,505.95 ($1,126.42) ($1,790.00) $10,589.53 May -05 $13,185.12 ($1,352.04) ($2,020.00) $9,813.08 Jun -05 $15,708.38 ($1,173.90) ($2,125.00) $12,409.48 GRAND TOTALS $157,444.56 ($12,738.28) ($21,915.00) $122,791.28 Agenda Item No. 11 Page 30 of 33 PARKING VIOLATION REPORT F/Y 05/06 FISCAL YEAR 2005/2006 NET DUE CITY FROM ENFORC. TECHNOLOGY ENFORCEMENT TECHNOLOGY FEES PAID RIVERSIDE COUNTY ASSESSMENT FEES PAID AMOUNT OF PROFIT /(LOSS) FOR MONTH Jul -05 $14,514.55 ($1,200.58) ($2,035.00) $11,278.97 Aug -05 $17,588.13 ($1,474.62) ($2,695.00) $13,418.51 Sep -05 $12,754.92 ($828.46) ($1,710.00) $10,216.46 Oct -05 $14,306.66 ($1,329.13) ($1,885.00) $11,092.53 Nov -05 $15,997.74 ($1,067.42) ($2,210.00) $12,720.32 Dec -05 $17,025.35 ($1,396.07) ($2,240.00) $13,389.28 Jan -06 $15,731.14 ($1,613.47) ($2,790.00) $11,327.67 Feb -06 $16,347.24 ($1,205.53) ($2,230.00) $12,911.71 Mar -06 $17,989.50 ($1,384.53) ($2,525.00) $14,079.97 Apr -06 $13,329.51 ($624.20) ($1,585.00) $11,120.31 May -06 $15,657.59 ($1,436.26) ($1,930.00) $12,291.33 Jun -06 $16,925.40 ($2,000.71) ($2,395.00) $12,529.69 GRAND TOTALS $188,167.73 ($15,560.98) ($26,230.00) $146,376.75 7/01/2005 P:Parking Violation 640% ONo. 11 Page 31 of 33 PARKING VIOLATION REPORT F/Y 06/07 FISCAL YEAR 2006/2007 NET DUE CITY FROM ENFORC. TECHNOLOGY ENFORCEMENT TECHNOLOGY FEES PAID RIVERSIDE COUNTY ASSESSMENT FEES PAID AMOUNT OF PROFIT /(LOSS) FOR MONTH Jul -06 $18,999.14 ($1,872.53) ($3,415.00) $13,711.61 Aug -06 $27,033.94 ($2,293.56) ($3,485.00) $21,255.38 Sep -06 $24,865.13 ($1,594.39) ($3,370.00) $19,900.74 Oct -06 $23,950.23 ($1,821.14) ($3,305.00) $18,824.09 Nov -06 $21,560.43 ($2,368.49) ($2,950.00) $16,241.94 Dec -06 $22,470.26 ($1,939.56) ($2,985.00) $17,545.70 Jan -07 $30,344.19 ($2,702.75) ($4,395.00) $23,246.44 Feb -07 $26,452.40 ($1,349.94) ($3,050.00) $22,052.46 Mar -07 $28,749.53 ($2,634.86) ($3,870.00) $22,244.67 Apr -07 $24,931.35 ($2,081.49) ($3,415.00) $19,434.86 May -07 $23,191.68 ($2,302.79) ($3,130.00) $17,758.89 Jun -07 $30,566.39 ($2,042.37) ($2,845.00) $25,679.02 GRAND TOTALS $303,114.67 ($25,003.87) ($40,215.00) $237,895.80 7/01/2005 P:Parking Violation AgWoM mNft 11 Page 32 of 33 PARKING VIOLATION REPORT F/Y 07/08 FISCAL NET DUE CITY ENFORCEMENT RIVERSIDE COUNTY YEAR FROM ENFORC. TECHNOLOGY ASSESSMENT 200712008 TECHNOLOGY FEES PAID FEES PAID Jul -07 $40,083.00 ($3,600.00) ($2,089.24) ($2,940.00) Aug -07 $42,010.00 $28,791.31 ($2,769.69) $24,018.02 Sep -07 $33,955.00 ($2,100.00) ($1,806.47) ($2,050.00) Oct -07 $33,809.07 $0.00 ($2,007.76) $0.00 Nov -07 $27,990.00 ($1,646.98) Dec -07 $25,960.00 ($1,659.05) Jan -08 $25,222.62 ($1,615.64) Feb -08 $23,926.86 ($1,808.68) Mar -08 Apr -08 May -08 Jun -08 AMOUNT OF PROFIT /(LOSS) FOR MONTH ($3,010.00) $34,983.76 ($3,600.00) $35,640.31 ($2,940.00) $29,208.53 ($3,010.00) $28,791.31 ($2,325.00) $24,018.02 ($2,155.00) $22,145.95 ($2,100.00) $21,506.98 ($2,050.00) $20,068.18 $0.00 $0.00 $0.00 $0.00 GRAND TOTALS $252,956.55 ($15,403.51) ($21,190.00) $216,363.04 7/01/2005 P:Parking Violati i low.Qs 11 Page 33 of 33 CITY OF LADE , LSIN0P\.E � ` DREAM EICTREM& REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 8, 2008 RE: FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES Background The Legal Services Agreement between the City/Agency and the law firm of Leibold McClendon & Mann provides that the City Council annually review the City Attorney's performance. Such performance evaluation was conducted in closed session at the City Council's meeting on March 25, 2008. Discussion An amendment to the existing Legal Services Agreement is necessary to reflect changes to both the name of the City Attorney's firm and the term of the agreement. A First Amendment to Amended and Restated Agreement for Legal Services has been prepared by the City Attorney and is attached for consideration by the City Council and Redevelopment Agency. Fiscal Impact The proposed Amendment does not change the financial terms of the existing Agreement. Recommendation That the City Council approve the First Amendment to Amended and Restated Agreement for Legal Services and authorize the Mayor to execute the same. Agenda Item No. 12 Page 1 of 3 First Amendment to Amended and Restated Agreement for legal Services April 8, 2008 Page 2 Prepared by: Barbara Leibold City Attorney Approved by: Robert A. Brady City Manager 0 Agenda Item No. 12 Page 2 of 3 FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES This First Amendment to the Amended and Restated Agreement for Legal Services (the "Amendment'), dated as of April 8, 2008 (the "Effective Date "), is by and among the City of Lake Elsinore ( "City ") and the Lake Elsinore Redevelopment Agency (the "Agency "), on the one hand (the Agency and the City are collectively referred to herein as "Employer"), and Leibold McClendon & Mann ( "Employee "), on the other hand. RECITALS A. Employee serves as City Attorney of the City and General Counsel of the Agency by way of a Legal Services Agreement dated as of July 1, 1997 by and between Employer and Employee, amended on June 26, 2001 and amended and restated on September 25, 2005 (collectively, the "Agreement'). B. On March 25, 2008, the City Council evaluated the performance of Employee and authorized the City Attorney to prepare this First Amendment to the Amended and Restated Agreement for Legal Services. AGREEMENT 1. All references to "Van Blarcom, Leibold McClendon & Mann" shall be amended to read "Leibold McClendon & Mann." 2. The Term of Agreement shall be extended through March 31, 2010. 3. Except as provided herein, the terms and conditions set forth in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties have caused this First Amendment executed on April 8, 2008. CITY OF LAKE ELSINORE: Daryl Hickman Mayor ATTEST: Vivian M. Munson City Clerk/Agency Secretary First Amend Agr for Legal Services 033108 LAKE ELSINORE REDEVELOPMENT AGENCY: Thomas Buckley Chairman PREPARED BY: Barbara Zeid Leibold City Attorney /Agency General Counsel Agenda Item No. 12 Page 3 of 3 CITY OF LAKE Fin LSIIYO DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: PUBLIC HEARING - CONSIDERATION OF OBJECTIONS TO THE CITY'S WEED ABATEMENT PROGRAM Background Pursuant to City Municipal Code, Chapter 8.32, Weed and Rubbish Abatement, the City held a Public Hearing on February 12, 2008, to adopt a resolution declaring weeds, rubbish, refuse and dirt on private properties to be a nuisance and order the abatement thereof. The City is required to hold a Public Hearing to consider any objections by property owners to the proposed removal of weeds, rubbish, refuse and dirt should the owners neglect to clear their properties. Discussion Weed Abatement notices were mailed to approximately 8,200 property owners following the Council's adoption of Resolution 2008 -24, declaring weeds, rubbish, refuse and dirt on private properties to be a nuisance. Property owners will have until May 1St, 2008, to abate their parcels. Should the City's staff abate a property beginning May 1St, 2008, the owner will be assessed the cost of abatement $0.02 per square foot plus a $306.00 Administrative Fee. Fiscal Impact None. All costs will be recovered through separate billing, including the Administrative Fee of $306.00 per parcel. Agenda Item No. 13 Page 1 of 2 Objections to City Weed Abatement April 8, 2008 Page 2 Recommendation Open the Public Hearing and consider objections presented by the public. Prepared By: Ken Seumalo Director of Public Works Approved By: Robert A. Brady City Manager Agenda Item No. 13 Page 2 of 2 CITY OF LADE LSII`IOIZE -� DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: SECOND READING — ADOPTION OF ORDINANCE NO. 1250, AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE Discussion Ordinance No. 1250 was introduced at a regular City Council meeting on March 25, 2008, and is now being presented for second reading and adoption. Recommendation Waive further reading and adopt Ordinance No. 1250, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE Prepared by: Approved by: Vivian M. Munson i,,/ City Clerk Robert A. Brady W City Manager Agenda Item No. 14 Page 1 of 4 ORDINANCE NO. 1250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE WHEREAS, the City desires to provide various recreational uses on the waters of Lake Elsinore; and WHEREAS, such divergent recreational uses may present inherent safety issues requiring the City to regulate the time, place and manner of such uses so that all recreational uses have a reasonable opportunity to enjoy the benefits of the Lake in a safe manner; and WHEREAS, the City seeks to regulate vessels in a special use areas commonly known as the high speed zone in order to insure safe operation of boats within that zone; and WHEREAS, the City Council wishes to amend Section 9.96.120 of the Lake Elsinore Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. That Section 9.96.120, Subpart C of the Lake Elsinore Municipal Code shall be amended and restated as follows and Subparts D, E and F shall be added as follows: C. The maximum allowable boat speed limit within the high speed zone is one - hundred fifty (150) miles per hour, except as provided in Subpart D. D. The maximum allowable boat speed limit shall be thirty -five (35) miles per hour within the high speed zone every Saturday and Sunday beginning with the first Saturday in May and ending on the last Sunday in September, Memorial Day, Fourth of July, and Labor Day. E. Notwithstanding Subpart C, a person may operate a boat within the high speed zone at a speed in excess of one - hundred fifty (150) miles per hour when authorized pursuant to a special event permit as provided in Chapter 5.73. F. A person operating a boat travelling in excess of thirty -five (35) miles per hour within the high speed zone shall be not less than 16 years old. 1 Agenda Item No. 14 Page 2 of 4 Section 2. SEVERABILITY. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. Section 3. EFFECTIVE DATE. 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 this 8th day of April 2008. ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD, CITY ATTORNEY DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 2 Agenda Item No. 14 Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1250 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 25 th day of March 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 8th day of April , 2008 by the following roll call vote: AYES: NOES: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 14 Page 4 of 4 CITY OF LADE , LSI 0RjE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: SECOND READING — ADOPTION OF ORDINANCE NO. 1251, AMENDING SECTION 5.28.270 OF THE LAKE ELSINORE MUNICIPAL CODE TO ESTABLISH NO -LIMIT WAGERING IN CARDROOMS Discussion Ordinance No. 1251 was introduced at a regular City Council meeting on March 25, 2008, and is now being presented for second reading and adoption. Recommendation Waive further reading and adopt Ordinance No. 1251, entitled: Prepared by: Approved by: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 5.28.270 OF THE LAKE ELSINORE MUNICIPAL CODE TO ESTABLISH NO -LIMIT WAGERING IN CARDROOMS Vivian M. Munso� City Clerk Robert A. Brady �j� City Manager 9t Agenda Item No. 15 Page 1 of 4 ORDINANCE NO. 1251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 5.28.270 OF THE LAKE ELSINORE MUNICIPAL CODE TO ESTABLISH NO -LIMIT WAGERING IN CARDROOMS WHEREAS, the Lake Elsinore Municipal Code currently delegates the establishment of all table and wagering limits to the cardroom; and WHEREAS, the State of California Gambling Control Act considers the wagering limit to be a policy decision that must be made by the local government; and WHEREAS, this decision by ordinance must either prescribe a maximum wagering limit, or specify that there is no wagering limit. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Section 5.28.270 'Wagering, house rules and posting requirements" of the Lake Elsinore Municipal Code is hereby amended in its entirety as follows: 5.28.270. Wagering limits, house rules and posting requirements. A. No maximum wagering limit is imposed on any game. B. There shall be posted in a conspicuous place in the cardroom the following: 1. Any and all charges or other fees assessed players at a table; 2. A set of detailed house rules applicable to the games played, which shall be posted in the form of a printed rule book; 3. A copy of the current valid city license /permit and the licensee's current gambling license issued under the Gambling Control Act as codified in Division 8, Chapter 5 of the California Business and Professions Code; and 4. The hours during which the cardroom will be open for business. Section 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. 1 Agenda Item No. 15 Page 2 of 4 Section 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 8th day of April 2008. ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY 2 DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE Agenda Item No. 15 Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1251 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 25th day of March, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 8th day of April by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 15 Page 4 of 4 CITY OF LADE , LSIIYORJE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 8, 2008 SUBJECT: SECOND READING — ADOPTION OF ORDINANCE NO. 1252, ADDING SECTION 8.60 REGARDING ABANDONED RESIDENTIAL PROPERTY REGISTRATION Discussion Ordinance No. 1252 was introduced at a regular City Council meeting on March 25, 2008, and is now being presented for second reading and adoption. Recommendation Waive further reading and adopt Ordinance No. 1252, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 8.60 REGARDING ABANDONED RESIDENTIAL PROPERTY REGISTRATION Prepared by: Vivian M. Muns� City Clerk Approved by: Robert A. Brady City Manager Agenda Item No. 16 Page 1 of 9 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.60 REGARDING ABANDONED RESIDENTIAL PROPERTY REGISTRATION WHEREAS, there is a growing problem in the City of Lake Elsinore regarding residential properties which are abandoned because the property owner is in default and there is a pending sale to satisfy the debt; and WHEREAS, these properties are left vacant and begin to deteriorate due to lack of adequate maintenance and on -site security; and WHEREAS, these properties ultimately blight the surrounding residential neighborhood; and WHEREAS, the City Council wishes to add Chapter 8.60 to the Lake Elsinore Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: follow: Section 1. Chapter 8.60 is added to the Lake Elsinore Municipal Code as Chapter 8.60 Abandoned Residential Property Registration 8.60.010 Purpose. It is the purpose and intent of the Lake Elsinore City Council, through the adoption of this Chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties. 8.60.020 Definitions. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "Abandoned" means a property that is vacant and is under a current Notice of Default and /or Notice of Trustee's Sale, pending Tax Assessors Lien Sale and /or properties that have been the subject to a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure /sale. 1 Agenda Item No. 16 Page 2 of 9 -- "Accessible property" means a property that is accessible through a compromised /breached gate, fence, wall, or other barrier. "Accessible structure" means a structure /building that is unsecured and /or breached in such a way as to allow access to the interior space by unauthorized persons. "Agreement" means any agreement or written instrument, which provides that title to residential property, shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange. "Beneficiary" means a lender under a note secured by a deed of trust. "Buyer" means any person, co- partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property. "Dangerous building" means any building /structure that is in violation of any condition referenced in LEMC Chapter 8.08. "Days" means consecutive calendar days. "Deed of Trust" means an instrument evidencing security for a real estate loan that is recorded as a lien against real property. "Deed in lieu of foreclosure /sale" means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. "Default" means the failure to fulfill a contractual obligation, monetary or conditional. "Distressed" means a property that is under a current Notice of Default and /or Notice of Trustee's Sale and /or pending Tax Assessor's Lien Sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure /sale. "Evidence of vacancy" means any condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include but are not limited to, overgrown and /or dead vegetation, accumulation of newspapers, circulars, flyers and /or mail, past due utility notices and /or disconnected utilities, accumulation of trash, junk and /or debris, the absence of window coverings such as curtains, blinds and /or shutters, the absence of furnishings and /or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant. "Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults. 2 Agenda Item No. 16 Page 3 of 9 -- "Local' means within forty (40) road /driving miles distance of the subject property. "Neighborhood standard" means those conditions that are present on a simple majority of properties within a three hundred (300) foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three hundred (300) foot radius, shall not be counted toward the simple majority. "Notice of Default" means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. "Out of area" means in excess of forty (40) road /driving miles distance of the subject property. "Owner" means any person, co- partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. "Owner of record" means the person or entity having recorded fee title to the property. "Property" means any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition. "Residential building" means any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted and /or zoned for such use. "Securing" means such measures as may be directed by the Building Official that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining /pad locking of gates, and the repair of door, window and /or other openings. Securing shall be completed to a minimum of the current HUD securing standards at the time the work is completed or required. "Trustee" means the person, firm or corporation holding a deed of trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. "Vacant" means a building /structure that is not legally occupied. 3 Agenda Item No. 16 Page 4 of 9 8.60.030 Recordation of Transfer of Loan /Deed of Trust/Substitution of Trustee. Within ten (10) days of the purchase and /or transfer of a loan /deed of trust secured by residential property the new beneficiary/trustee shall record, with the Riverside County Recorder's Office, a substitution of trustee, or similar document, that lists the name of the corporation, and /or individual, the mailing address and contact phone number of the new beneficiary/trustee. 8.60.040 Registration. A. Any beneficiary/trustee, who holds a deed of trust on a property located within the City of Lake Elsinore, shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a Notice of Default with the Riverside County Recorder's Office. If the property is vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten (10) days of the inspection, register the property with the Building Official on forms provided by the City. B. If the property is occupied but remains in default, it shall be inspected by the beneficiary/trustee, or his or her designee, monthly until: 1. The trustor or other party remedies the default; or 2. It is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the trustee shall, within ten (10) days of that inspection, register the property with the Building Official on forms provided by the City. C. The registration by either Subpart (A) or (B) shall contain the name of the beneficiary/trustee (corporation or individual), the direct street/office mailing address of the beneficiary/trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary/trustee and, in the case of a corporation or out of area beneficiary/trustee, the local property management company responsible for the security, maintenance and marketing of the property. Registration fees will not be prorated. D. An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1St of each year and must be received no later than January 315` of the year due. E. This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure /sale. 4 Agenda Item No. 16 Page 5 of 9 F. Properties subject to this chapter shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant. G. Any person, firm or corporation that has registered a property under this chapter must report any change of information contained in the registration within ten (10) days of the change. 8.60.050 Maintenance Requirements. A. Properties subject to this chapter shall be, in comparison to the neighborhood standard, kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned. B. The property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. C. Visible front and side yards shall be landscaped and maintained to the neighborhood standard at the time registration was required. 1. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf /sod designed specifically for residential installation. 2. Landscape does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor - outdoor carpet or any similar material. 3. Maintenance includes, but is not limited to regular watering, irrigation, cutting, pruning and mowing of required landscaped and removal of all trimmings. D. Pools and spas shall be kept in working order so that the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with pools and /or spas must comply with the minimum security fencing requirements of the State of California. E. Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any Covenants Conditions and Restrictions and /or Home Owners Association rules and regulations which may apply to the property. 5 Agenda Item No. 16 Page 6 of 9 8.60.060 Security Requirements. A. Vacant properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes but is not limited to the closure and locking of windows, doors (walk- through, sliding and garage) gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows securing means the reglazing or other authorized repair of the window. B. The owner or property management company employed by owner shall perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met. The property shall be posted with name and 24 -hour contact phone number of the owner or owner's property management company. The posting shall be no less than 18" x 24" and shall be of a font that is legible from a distance of forty -five (45) feet and shall contain along with the name and 24 -hour contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL ". The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building /structure facing the street to the front of the property so it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather resistant materials. 8.60.070 Additional Authority. The Building Official shall have the authority to require the beneficiary/trustee /owner and /or owner of record of any property affected by this section, to implement additional maintenance and /or security measures including but not limited to, securing any /all door, window or other openings, installing additional security lighting, increasing on -site inspection frequency, employment of an on -site security guard or other measures as may be reasonably required to arrest the decline of the property. 8.60.075 Maintenance and Security by City A. If any individual or entity covered by this chapter fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter, then the City Manager shall cause the property to be maintained or secured by city personnel or private contract, and entry upon the property is expressly authorized for such purposes. Upon completion of the maintenance or securing by direction of the City Manager, the City Manager shall cause a statement of the costs thereof to be prepared for submission to the City Council. The City Manager shall set a time and place for the City Council to receive and consider the statement of costs, and shall serve on the owner or owners of the property a copy of the statement of costs and a notice of the time and place at which the City Council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as provided in Section 8.18.070 of Chapter 8.18 and shall be accompanied by a copy of this chapter. 6 Agenda Item No. 16 Page 7 of 9 - B. In addition to maintenance and securing of properties, any individual or entity covered by this chapter who fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter shall be deemed to have authorized the City to remove trespassers from the property. F��3�x�I`i�)•7� The fee for registering an abandoned residential property shall be set by resolution of the City Council. 8.60.090 Enforcement. Violations of this chapter may be enforced in any combination as allowed in Chapters 1.16 or 1.20. 8.60.100 Appeals. Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under Chapters 1.20. Section 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. Section 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 8th day of April 2008. ATTEST: VIVIAN M. MUNSON CITY CLERK DARYL HICKMAN MAYOR 7 Agenda Item No. 16 Page 8 of 9 — APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1252 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 25th day of March 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of A2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 8 Agenda Item No. 16 Page 9 of 9