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HomeMy WebLinkAbout03/11/2008 CC ReportsCITY OF LAKE ELSINORE CITY COUNCIL AGENDA DARYL HICKMAN, MAYOR GENIE KELLEY, MAYOR PRO TEM THOMAS BUCKLEY, COUNCILMAN ROBERT E. "BOB" MAGEE, COUNCILMAN W W W.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 674.2392 FAX LAKE ELSINORE CULTURAL CENTER ROBERT SCHIFFNER, COUNCILMAN 183 NORTH MAIN STREET ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530 *tt*************t*******************************t************************************ TUESDAY, MARCH 11, 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 2"d and 4~' 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 -- 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION -MOMENT OF SILENT PRAYER ROLL CALL (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.) (1) Minutes of the Following Meetina(s a) Joint City Council/Redevelopment Agency Study Session -July 24, 2007. b) Regular Meeting -July 24, 2007 c) Joint City Council/Redevelopment Agency Study Session -February 26, 2008. d) Regular Meeting -February 26, 2008. Recommendation: Approve as submitted. (2) Warrant List Dated February 28, 2008 Recommendation: Authorize payment of Warrant List dated February 28, 2008. (3) Bid Award for Purchase of Industrial Strength Aluminum Fencing Recommendation: Award bid to Fences4Less, Inc, for the purchase of specified aluminum fencing in the amount of $17,255.60. (4) Amendment to Extend Agreement and Extra Work Charges for Engineering Services for the Boat Launch Facility Improvements Project Recommendations: a) Approve and authorize the City Manager to execute the First Amendment to Agreement for Professional Services. b) Approve extra work charges with Noble Consultants Inc., in the amount of $70,000, including the budget adjustment to Account 118-0000-463-20- 20. (5) Award of Contract -Traffic Striping and Pavement Marking Maintenance Work Recommendation: Authorize the City Manager to execute a maintenance contract agreement with Orange County Striping Service, Inc. for maintenance of street striping and markings for a term of one year commencing from the date of execution, and can be extendable in one year increments up to three years, with approval of the City Manager. (6) Quitclaim Deed for a Portion of Flint Street in Favor of Carolyn Maguire Recommendation: Authorize City staff to process a Quitclaim Deed over the vacated portion of Flint Street adjacent to Lot 19 of Hazards Subdivision through the County Recorder. (7) Senior Center Capital Improvement Project Recommendation: Approve the recommended design changes to the CIP budget and authorize the City Manager to process a purchase order in the amount of $37,625 to Beach Design for design services. (8) Authorize Purchase of Parks Irrigation System Recommendation: Authorize the City Manger to process a purchase order in the amount of $92,314.39 to John Deere Landscapes for the purchase of the City's new parks irrigation system. (9) Parks and Trails Master Plan Contract for Services Recommendation: Approve an exception to the bid process and authorize the City Manager to sign an agreement with Baxter Miller Landscape Architecture. (10) Median Modification on Malaga Road -Contract Award Recommendations: a) Award the median modification on Malaga Road to NPG Corporation for the amount of $41,915. b) Authorize the Mayor to execute the contract with NPG Corporation. (11) Grant of Easement to Elsinore Valley Municipal Water District Recommendation: Authorize the City Manager to process the easement documents and instruct staff to forward the document to the County for recordation. (12) Professional Services Agreements with Vision Internet Providers, Inc. for Web Site Development, Maintenance Services and Web Site Hosting Recommendation: Authorize the City Manager to execute three professional services agreements for Web development, annual maintenance and site hosting with Vision Internet Providers, Inc. of Santa Monica, California. (13) Amendment to Citv Manager's Employment Agreement Recommendation: City Council approve the Second Amendment to Employment Agreement and authorize the Mayor to execute the same. PUBLIC HEARINGS (14) Resolution Adopting Mitigated Negative Declaration For Capital Improvements Proiect No. 4237; City of Lake Elsinore Boat Launch Facility Improvements Proiect Recommendations: a) Waive further reading and adopt a resolution adopting Mitigated Negative Declaration No. 2007-13. b) Waive further reading and adopt a resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (15) An Ordinance Amending and Restating Section 19.16.090 of the Lake Elsinore Municipal Code Regarding the Automatic Annual Fee Increase for the Multiple Species Habitat Conservation Plan Fee Recommendation: Waive further reading and introduce an ordinance amending and restating Section 19.16.090 of the Lake Elsinore Municipal Code regarding the Automatic Annual Fee Adjustment associated with the MSHCP fee schedule. BUSINESS ITEMS (16) Continuance of Residential Design Review No. 2005-24, Amendment No. 1 for "Trieste" by MBK Homes (TTM 34231 Recommendation: Continue this item to the March 25, 2008, City Council meeting. (17) Second Reading -Adoption of Ordinance No. 1246, Approving Zone Change No. 2005-07 and Adoption of Ordinance No. 1247, Approving Specific Plan No. 2008- 02. Related to Spyglass Ranch Recommendations: a) Waive further reading and adopt Ordinance No. 1246, approving Zone Change No. 2005-07. b) Waive further reading and adopt Ordinance No. 1247, approving Specific Plan No. 2008-02. (18) Second Reading -Adoption of Ordinance No. 1248. Adding Chapter 17.37 to the Lake Elsinore Municipal Code Reaarding a Planned Unit Development Overlay District Recommendation: Waive further reading and adopt Ordinance No. 1248, adding Chapter 17.37 to the Lake Elsinore Municipal Code regarding a Planned Unit Development Overlay District. (19) Second Reading - Urgency Ordinance No. 1249, Eliminating and Amending Certain Time Limits with Respect to the Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Proiect Areas No. I, II, and III Recommendation: Waive further reading and adopt Urgency Ordinance No. 1249, eliminating and amending certain time limits with respect to the Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, II, and III. 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, March 25, 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 me n . /~t a~.~L-,. 6 ~ Zap S~ VI IAN M. MUNSON DATE CITY CLERK MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 24, 2007 CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:03 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY ABSENT: COUNCILMEMBERBUCKLEY COUNCILMEMBER SCHIFFNER (Arrived at 4:04 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Public Works Manager Payne, Building & Safety Manager Chipman, Environmental Planner Worthy, Assistant Planner Carlson and Interim City Clerk Soto. DISCUSSION ITEMS Mayor Magee gave an overview of the presentations and confirmed that the awardees would be present at the 7:00 p.m. meeting. PUBLIC COMMENTS -NON-AGENDIZED ITEMS (1 MINUTE) No comments. CONSENT CALENDAR 1. Warrant List -June 28, 2007 Mayor Pro Tem Hickman inquired about various checks. Administrative Services Director Pressey responded to his inquires. 1 Agenda Item No. 1 Page 1 of 60 2. Claim against the City - Verizon CMR Claims T.P.A. Mayor Pro Tem Hickman inquired about claimants' name. Councilmember Kelley clarified that it was out of the City. 3. Sidewalk Construction, various locations -contract award Councilmember Kelley inquired about Tuscany Hills. Mayor Pro Tem Hickman stated there are no sidewalks for kids to walk to school. Public Works Director Seumalo noted it was his understanding that Lake Side High was included. Mayor Pro Tem Hickman inquired why NPG did not bid on the sidewalks. Public Works Director Seumalo stated he was not certain and indicated that the City publicizes the bid in the newspaper. 4. Participation with the paving of Temescal Canvon Road at Lake Street No comments. 5. Award of contract for curb, gutter and sidewalk maintenance work Councilmember Kelley inquired why the bids are so low compared to others. Public Works Director Seumalo stated the contractor likes to work with the City and the bid was legitimate. 6. Award of contract for street maintenance work No comments. 7. Participation with the paving of Pasadena Street between Central Avenue and Crane Street No comments. 8. Final Map No. 30494-6 - B.V. Engineering Mayor Pro Tem Hickman inquired about the location of the map. Public Works Director Seumalo stated the map was a part of their original plan. 2 Agenda Item No. 1 Page 2 of 60 Mayor Pro Tem Hickman noted he was not in favor of the location. 9. Final Map No. 30494-7 - B.V. Engineering No comments. 10. Final Map No. 34231 - Halladay & Mim Mack No comments. 11. Final Map No. 32077 - La Strada Partners, LLC. Mayor Magee stated a letter was faxed to the Council's attention and it requested that item be carried off calendar. He inquired whether the map carried private or public streets. Public Works Director Seumalo stated the map is proposing public streets. 12. Traffic Signal and intersection improvements at Grand Avenue and Ortega Highway (SR-74) -Change Order No. 1 Mayor Pro Tem Hickman indicated he received a lot of nice compliments regarding the traffic light. Mayor Magee thanked Mr. Seumalo and commended him for a good job. 13. Resolution to approve placing delinquent refuse bills on FY 2007-2008 tax roll No comments. 14. Amendment to the Animal Shelter JPA Agreement No comments. 15. Agreement and Escrow Instructions for purchase and sale of real property known as property APN 375-350-016. -031 No comments. 16. Change proceedings for CFD 2006-1 (Summerly) No comments. 3 Agenda Item No. 1 Page 3 of 60 17. Resolution approving a Deposit and Reimbursement Agreement and a City Fee Deposit and Reimbursement Agreement No comments. 18. Resolution to approve placement of weed abatement charges on property tax roll Mayor Pro Tem Hickman inquired if any complaints had been received regarding the weed abatement. Public Works Manager Payne responded no complaints have been received. 19. Memorandum of Understanding with United Public Employee's of California, LIUNA Local 777, for July 1.2007 to June 30, 2011 Mayor Pro Tem Hickman indicated that it was a fair deal. Councilmember Kelley indicated that it was a good deal. Mayor Magee stated that he believes in investing in the value of our staff members. PUBLIC HEARING 21. Consideration of Tentative Parcel Map No. 31996 at 16503 Mountain Street No comments. 22. Resolutions confirming the amended assessments and directing actions with respect thereto Northwest Sewer Assessment District No. 86-1, Series 1999 and Assessment District No. 93-1 (Canyon Hills) No comments. 23. Mayor Magee stated he will move item to last item. BUSINESS ITEMS 31. Mayor Pro Tem Hickman stated he was in favor of the design. 4 Agenda Item No. 1 Page 4 of 60 Mayor Magee thanked staff for their hard work. He noted that the planning process needed to be expedited. City Manager Brady noted he asked staff to look at the timeline to find out why the process took so long. 32. Request for funding of Summer Concert Series sponsored by the Elsinore Valley Arts Network Mayor Pro Tem Hickman stated he would like Administrative Services Director Pressey to look into the amounts that are being requested and make sure they are correct. Councilmember Kelley noted that the letter was an "official request". She noted that EVAN would be appreciative of any amount of support that the City could give. Mayor Magee stated that he was comfortable with a $5,000 contribution. 33. Status of the General Plan update and Environmental Impact Report for the City of Lake Elsinore Mayor Magee inquired if the company submitted anything. Community Development Director Preisendanz stated they submitted a draft of the General Plan and a screen check. 34. Railroad Canvon Road/I-15 Interchange update Leonard Leictnitz owner of the "old rodeo grounds" indicated staff approached his company requesting that they talk to some auto dealers about extending the Auto Mall onto their property. He inquired on the traffic report being sufficient for Cal Trans. He inquired about Federal Highway Administration (FHWA) approval. Public Works Director Seumalo stated it was part of the delay. He stated that in December of 2006, Staff was looking for this to come forward. He stated that the Traffic Engineers contemplated a different connection point. He stated that they are currently using the RCIP model. Mayor Magee requested another update in September. Mayor Pro Tem Hickman inquired about another auto dealer across from Mr. Leictnitz's land. 5 Agenda Item No. 1 Page 5 of 60 Public Works Director Seumalo indicated that if the project moves forward and has entitlements, the value will go up. He stated he spoke with a Cal Trans representative regarding the easy and critical steps. City Manager Brady noted that this is something that the Council could bring forward. Mayor Pro Tem Hickman inquired if this matter could be brought before TUMF. Public Works Director Seumalo indicated that staff is looking at this as a solution for Railroad Canyon Road which is funded through TUMF. He stated that the TUMF funds fall short by 18 million dollars. Mayor Pro Tem Hickman inquired what to tell the developer. Public Works Director Seumalo stated that the August meeting with Cal Trans will tell. Councilmember Schiffner inquired if Mr. Leichnitz's land can be taken by interchange. Public Works Director Seumalo replied that the land cannot be taken. Mayor Pro Tem Hickman commented on the lines being changed for the Railroad Canyon interchange. Public Works Director Seumalo stated Cal Trans was not in favor of the approved plans. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Warrant List -June 28, 2007 No comments. BUSINESS ITEMS 2. Evaluate purchase of alternate Civic Center site for redevelopment Mayor Pro Tem Hickman inquired if Council has determined a site. 6 Agenda Item No. 1 Page 6 of 60 Councilmember Kelley responded that it will be on the agenda for the next Council meeting. She stated before any decision is made on the site, the Council will need to convene and be specific about what is wanted. She also stated there needs to be more discussions regarding what is wanted in the Civic Center. Councilmember Schiffner agreed with the study session and suggested inviting the community. Councilmember Kelley stated there has been a lot of public input. She stated that the Council needs to define their desires for the design. City Manager Brady noted there has been a lot of input from the public. He suggested August 30th as a possible meeting date. ADJOURNMENT Mayor Magee adjourned the Joint City Council/Redevelopment Agency Study Session at 4:51 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: VIVIAN M. MUNSON CITY CLERK 7 Agenda Item No. 1 Page 7 of 60 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 24, 2007 CALL TO ORDER - 5:00 P.M. Mayor Magee called the Regular City Council Meeting to order at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: A. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (B) of Gov't Code § 54956.9; (1 potential case) B. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (C) of Gov't Code § 54956.9: (1 potential case) City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. It was moved and seconded to recess to Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) Mayor Magee called the meeting back to order at 7:00 p.m. 1 Agenda Item No. 1 Page 8 of 60 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Jose Carvajal, LEUSD Communication Representative. INVOCATION -MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Public Works Manager Payne, Building & Safety Manager Chipman, Environmental Planner Worthy, Assistant Planner Carlson, Parks and Recreation Analyst Davis, Planning Intern Bitterolf, Police Chief Fetherolf, Fire Chief Hendershot and Interim City Clerk Soto. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that only item "A" was discussed and there was no reportable action. Item "B" was not discussed. PRESENTATION/CEREMONIALS A. Proclamation -Probation. Parole & Community Supervision Week Mayor Magee invited Mark Hake to join him at the podium. He read and presented the proclamation. Mark Hake noted it was a team effort. He thanked the Council for their support. B. Proclamation -Centennial Celebration of Countv Probation Department Mayor Magee invited Deputy Probation Officer Linda Fredrickson to join him at the podium. He read and presented the proclamation. 2 Agenda Item No. 1 Page 9 of 60 Linda Fredrickson noted they have been working in the community for six years. She stated the youth accountability team is a collaboration of departments. C. Certificate of Appreciation -Deputy Probation Officer II Linda Fredrickson D. Certificate of Appreciation -Sheriff Deputy David Flannery E. Certificate of Appreciation -Deputy District Attornev Elizabeth Behke F. Certificate of Appreciation -Youth Outreach Counselor Allison Trefrev Mayor Magee invited Linda Fredrickson, David Flannery, Elizabeth Behke, and Allison Trefrey to join him at the podium. Police Chief Fetherolf noted the hardwork of the YAT Team. He gave an overview of the program. Deputy District Attorney Raquel Marquez noted she has worked within the community for two years. She spoke of the dedication of the YAT Team. G. Certificate of Appreciation -Valerie Sund Mayor Magee invited Valerie Sund up to join him at the podium. Mayor Magee noted the City's appreciation for her two years of service. Valerie Sund thanked the City Council and the Mayor for the opportunity to serve on the P$AC. She noted it was a pleasure to serve the community. H. Presentation - Chamber of Commerce Update Mayor Magee invited Glen Daigle up to the podium. Glen Daigle gave a Chamber update. He stated that the Chamber continues to grow. He gave some general announcements on upcoming Chamber events. He noted the Chamber website and noted the number of visitors to the site. He thanked the Council for their support. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Joyce Hohendadl, Lake Elsinore Citizen's Committee, indicated the committee is working on several community projects. She stated that the County has approved the historical site designation. She stated a Lake Elsinore Princess fund has been formed. 3 Agenda Item No. 1 Page 10 of 60 Donna Franson, resident, indicated she was happy to report for the Lake Elsinore Princess. She noted that the approval grants for County and State funds, for the preservation everyone for their hardwork. 2. 3. 4. 5. 7 Warrant list -June 28. 2007 Recommendation: Ratify. Claim Against the City - Verizon CMR Claims T.P.A Recommendation: Reject claim. the historical designation has opened the doors for of history. She thanked Sidewalk Construction, Various Locations -Contract Award Recommendation: Authorize the transfer of $95,000 from In-Lieu Fees to the project. Authorize the transfer of $271,100 from Traffic Impact Fees to the project. Authorize the use of $194,000 of CDBG funds to the project. Authorize the use of $169,900 from SB-821 Bicycle and Pedestrian Facilities Program fund to the project. Award "Sidewalk Construction" project to E.G.N. Construction Inc. for the amount of $627,095. Authorize the Mayor to execute the contract with E.G.N. Construction Inc. Participation with the paving of Temescal Canvon Road at Lake Street Recommendation: Approve the use of Fund 605 In-Lieu funds for the construction of street improvements along Temescal Canyon Road at Lake Street. Award Of Contract For Curb, Gutter And Sidewalk Maintenance Work Recommendation: Authorize the City Manager to execute a Maintenance Contract with NPG Corporation for curb, gutter and sidewalk maintenance services consistent with the terms of the bid documents. Award Of Contract For Street Maintenance Work Recommendation: Authorize the City Manager to execute a Maintenance Agreement with NPG Corporation for street maintenance services consistent with bid documents. Participation With The Paving Of Pasadena Street Between Central Avenue And Crane Street 4 Agenda Item No. 1 Page 11 of 60 Recommendation: Approve the use of Fund 605 In-Lieu Funds for the construction of street improvements along Pasadena Street between Central Avenue and Crane Street. Authorize the City Manager to execute the agreement with NEAR-CAL Corporation. 8. Final Map No. 30494-6 - B.V. Enaineerinq Recommendation: Approve Final Map No. 30494-6 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-6. 9. Final Map No. 30494-7 - B.V. Enaineerinq Recommendation: Approve Final Map No. 30494-7 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-7. 10. Final Map No. 34231 - Halladav & Mim Mack. Inc. Recommendation: Approve Final Map No. 34231 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 34231. 19. Final Map No. 32077 - La Strada Partners. LLC. Recommendation: Approve Final Map No. 32077 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32077. 12. Recommendation: Approve Change Order No. 1 for $69,964.48 for R.J. Noble Company. Authorize the City Manager to execute Change Order No. 1 with R.J. Noble Company. 13. Resolution To Approve Placing Delinquent Refuse Bills On FY 2007-2008 Tax Roll Recommendation: Adopt Resolution No. 2007-135 for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in the itemized reports in custody of the City Clerk's Office. 5 Agenda Item No. 1 Page 12 of 60 14. 15 16. 17 18. 19. Amendment to the Animal Shelter JPA Agreement Recommendation: Approve the Amended Joint Powers Authority (JPA) Agreement relating to the Southwest County Animal Shelter. Agreement And Escrow Instructions For Purchase And Sale Of Real Property Known As Property APN 375-350-016 -031 Recommendation: Approve the Agreement and Escrow Instruction for purchase and sale of real property in substantially the form attached in the staff report and authorize the Mayor to execute the agreement subject to minor modifications and in such final form as approved by the City Attorney. Change Proceedings For CFD 2006-1 (Summerly) Recommendation: Adopt Resolution No. 2007-136 of intention to annex certain property into Improvement Area No. 1 of Community Facilities District No. 2006-1 (Summerly) and setting a Public Hearing for August 28, 2007. Resolution Approving A Deposit And Reimbursement Agreement And A City Fee Deposit And Reimbursement Agreement Recommendation: Adopt Resolution No. 2007-137 approving a Deposit and Reimbursement Agreement and a City Fee Deposit and Reimbursement Agreement. Resolution To Approve Placement Of Weed Abatement Charges On Property Tax Roll Recommendation: Adopt Resolution No. 2007-138 for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in the itemized reports in custody of the City Clerk's Office. Memorandum of Understanding with United Public Employees of California LIUNA Local 777, for July 1, 2007 to June 30 2011 Recommendation: Approve Memorandum of Understanding. Mayor Magee indicated he received a letter requesting that Consent Calendar Item No. 11 be moved off-calendar. It was moved by Councilmember Kelley, and Hickman to approve Consent Calendar Item No 16, exclusive of Consent Calendar Item No. 11. seconded by Mayor Pro Tem s. 1 through 10 and 12 through 6 Agenda Item No. 1 Page 13 of 60 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS Mayor Magee stated that Public Hearing Item No. 23 will be moved to the end of the calendar, after Item No. 34. 21. COUNCIL APROVES TENTATIVE PARCEL MAP NO_ 31998 AT 9R5n3 Community Development Director Preisendanz noted the location of the item. He stated that the Planning Commission unanimously recommends approval. City Attorney Leibold announced that notice had been published and proof of such publication is on file in the City Clerk's Office. Mayor Magee opened the Public Hearing at 7:21 p.m. Mayor Magee inquired if there was anyone wishing to speak on this item. There being none, Mayor Magee closed the Public Hearing at 7:22 p.m. It was moved by Councilmember Schiffner, and seconded by Councilmember Buckley to approve Tentative Parcel Map No. 31996. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 7 Agenda Item No. 1 Page 14 of 60 ABSENT: NONE ABSTAIN: NONE 22. City Attorney Leibold announced that notice had been published and proof of such publication is on file in the City Clerk's Office. Administrative Services Director Pressey presented an overview of the item. He noted that there has been a split among parcels & reassessment of taxes needed to be addressed. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:25 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to adopt Resolution No. 2007-140 to read as follows: A RESOLUTION OF THE CIYY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRELIMINARY AMENDED ASSESSMENTS, ORDERING HEARING AND DIRECTING ACTIONS WITH RESPECT THERETO NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 8 Agenda Item No. 1 Page 15 of 60 Mayor Magee opened the public hearing at 7:23 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to adopt Resolution No. 2007-141 to read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRELIMINARY AMENDED ASSESSMETNES, ORDERING HEARING AND DIRECTING ACTIONS WITH RESPECT THERETO ASSESSMENT DISTRICT NO. 93-1 (CANYON HILLS) The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 23. Lake Elsinore Acquisition Process (LEAP) No. 2005-12 fora 9.09 Acre Commercially Zoned Parcel of Land Within the Alberhill Ranch Specific Plan Area This item was moved to the end of the calendar. BUSINESS ITEMS 31. DEXTER AVENUE Community Development Director Preisendanz noted the location of the item. He stated that the Planning Commission unanimously recommends approval. It was moved by Councilmember Schiffner, and seconded by Councilmember Kelley to adopt Resolution No. 2007-143 to read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) 9 Agenda Item No. 1 Page 16 of 60 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Councilmember Kelley to adopt Resolution No. 2007-144 to read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO.2006-18 The following vote resulted: AYES:. MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Magee thanked the Staff for raising the bar on design elements. 32. Barbara Middlebrook, Elsinore Valley Arts Network, thanked the Council for their grand consideration. She noted that currently donations have been low. City Manager Brady stated the City received a request for a donation from the EVAN. He stated the allocated revenue account can be utilized. 10 Agenda Item No. 1 Page 17 of 60 Councilmember Buckley inquired if the City provides any services to the Concert in the Park series. He stated that a one time grant may be appropriate. Councilmember Schiffner moved approval for $10,000. Mayor Magee seconded the motion. Ruth Atkins stated that the total cost of putting on the concert is approximately $17,500. Mayor Pro Tem Hickman inquired how much funding is needed. Ruth Atkins stated how much would be needed. She stated that it is at the City Council's discretion. Councilmember Schiffner amended his motion to $7,500. Mayor Magee seconded the motion. Councilmember Kelley noted that it has been a successful event in the community for nine years. She stated she will always be an advocate for EVAN (Elsinore Valley Arts Network). She stated any amount the City approves is appreciated. Mayor Pro Tem Hickman stated he is in support of the concert series. He stated next year, they should request funding come to the Council before the budget is prepared. It was moved by Councilmember Schiffner, and seconded by Mayor Magee to authorize the use of unallocated revenues in the amount of $7,500 for sponsorship of the EVAN (Elsinore Valley Arts Network) summer concert series known as "music with a view." The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 11 Agenda Item No. 1 Page 18 of 60 33. Community Development Director Preisendanz reported on June 26, 2007, the Council directed Staff to give a General Plan update. He noted the General Plan update screen Check 3 has been received. He stated that they are moving forward on the timeline. Councilmember Buckley inquired if an update can be made monthly. Mayor Magee stated that this will be placed on the Consent Calendar. 34. Public Works Director Seumalo noted the steps to be taken going forward. He stated they are between Steps 1 and 2. Councilmember Buckley commented on the length of time the project has taken. Public Works Director Seumalo responded the project design team will meet in August. He stated the ultimate approval is given by Federal Highway Administration. Councilmember Schiffner inquired if the configuration included a connection at Malaga Road. Public Works Director Seumalo responded there is no connection to the freeway, however, there is a proposed over crossing. Mayor Magee requested Mr. Seumalo come back on the first meeting in September with updates. COUNCIL RECESSED AT 7:45 P.M. COUNCIL RECONVENED AT 8:10 P.M. 23. Community Development Director Preisendanz indicated the item was a nine acre LEAP process. He noted the Planning Commission vote unanimously to recommend that the City Council find the project is consistent with the MSHCP. 12 Agenda Item No. 1 Page 19 of 60 Mayor Magee opened the public hearing at 8:10 p.m. Stephen Miles introduced Scott Thayer, Vice President of Commercial Properties at Castle & Cooke. Scott Thayer, Vice President of Commercial Properties at Castle & Cooke, stated "they had hoped Council would find that their LEAP application is consistent with the MSHCP. We are not here to present the Council with a development plan, however; the property is at the northern gateway to the center and it is included in our master plan for the area. City staff and I originally envisioned we would come together hand-in-hand with the project, however; unfortunately, we have not been able to accomplish that. This is why we are here. City staff supported our LEAP application and argued our case before the RCA in a meet and confer session. Soon after that session, staff had since asked for a larger conservation area than what we were proposing. On August 18, 2006, I received a letter from the City that indicated that the RCA would accept mitigation land that was biologically equivalent to the area in question on the 9.09 acre property. So it would appear that staff and the RCA could find our application consistent with the MSHCP if we agreed to provide equivalent land elsewhere. But why? We took time to have two biologists investigate the property, both in which found no targeted birds or the habitats to support them. On February 1St in a letter to Rolfe Preisendanz, he was told of our biologist's findings and asked that they meet to try to resolve our differences. We had a number of meetings with staff and the City Attorney's office, but were unable to resolve our differences. Again, there were no targeted species, no habitats to support them, our corridor is biologically derived, unlike some method of coming up with 264 down to 250 and ending up a 175 foot corridor suggested by staff. There is also a print transportation overlay. There was a Habitat Acquisition Negotiation System processed on the other side of the freeway. Lands have been acquired and others are in negotiations, which in place, will be within that 75% to 85% targeted range. I also wanted to point out that the premise of the presentation was made with factual data and professional findings." He indicated at a previous meeting held in February, Mayor Magee had mentioned the City's targeted range for the plan was 4,830 acres to 7,870 acres. He noted of that range, the exempted property, whatever conservation range was specified for those properties, the range was in the 4,830 to 7,870. He noted that it would make sense that, because the property is exempted, to take out that amount of acreage and subtract it from the range to come up with a new range. He commented that the staff report indicated 2,518 acres, plus another 893 acres that is on its way. He indicated that he did not believe that it took into consideration some of the other properties that have gone through the HANS process and some others. Steven Miles, Miles Law Group on behalf of Castle & Cooke, stated "he would like to address eight points with respect to the supplemental information that was presented in the staff report, different than what was deliberated on at the Planning Commission. I understand that the resolution is framed and that the recommendation is to approve the resolution that would approve the Castle & 13 Agenda Item No. 1 Page 20 of 60 Cooke proposal for LEAP 2005-12. Unfortunately, some of the supplemental information in the Staff report, takes a negative view on that ruling and motion by the Planning Commission. He wanted to be sure to address that information, so that the record is reflective of the information that they feel is accurate and will show that the Council can properly exercise their discretion and find the 2005-12 LEAP is consistent with MSHCP. Staring with Cell Group J, I want to address some of the new information in the supplemental Staff report. The Staff report asserts that to date, there are 300 acres that has been conserved in Cell Group J, which is about 15-16% of the cell group. Previously, we had offered that approximately 71% is in conservation and again it is somewhat of a difficult standard to figure out if acquired. You will see here that it is basically the same thing. When the staff report says 300 acres it isn't taking into consideration the 1,000 acres that will be conserved as a kind of a remainder properties associated with the village entitlement. This Council may recollect that was all in one holding it was bifurcated and the village was entitled. So, with that acreage and the acreage here, that is actually in escrow, some of the details, we have got some mixed signals in the Staff report. Bottom line is that for the analysis of whether this project is consistent with Cell Group J, you need to ask yourself one question, with the entitlement of this nine acre site, would that preclude the City Council from meeting its' conservation goals for Cell Group J and certainly the entitlement of nine acres. Two acres of which will go to conservation would not preclude you from meeting the seventy-five (75%) to eighty-five (85)% percent conservation target in the north and western portion of Cell Group J. That is essentially, the Cell Group J analysis, I would like to submit this. Turning to on- site biological conditions, the Staff report indicated that in criteria based plan such as the MSHCP the on-site biological conditions are not a sole basis for which to make consistency determinations and certainly there is no overriding of cell criteria here with respect to biology. You are going to hear from Jack Turner a little bit later on the biology. Again we are showing that we have consistency and biology is really more of a factor that will go into a determination of what is an appropriate width for a linkage or a constrained linkage. The supplemental Staff report addressed the settlement agreement with Castle & Cooke and specifically the Staff report states that with regard to the Castle & Cooke settlement agreement properties, the City, as a permitee, cannot take actions that further restrict and degrade the function of the Temescal wash based upon the MSHCP inapplicability to certain other off site properties. The question Castle & Cooke would pose is how is the proposed enhancement of approximately two acres along the Temescal wash with an average of one hundred twenty-five (125) feet, how is that enhancement something that would further restrict or degrade the functions of Temescal wash. This is an enhancement project. The Staff report then talks about an assumption that there is an off set or lost acreage associated with the settlement agreement. As Mr. Thayer noted, I don't think there is any lost acreage with respect to the settlement agreement. There are eighteen (18) cells that are affected by the settlement agreement and this is something that needs to eventually be modified to reflect the legal effect of the settlement agreement. We have previously submitted evidence on other projects both HANS projects with respect to wildlife corridors. Specifically, at Park West 14 Agenda Item No. 1 Page 21 of 60 HANS, illustrates there can be a deviation from the low range of cell criteria. In that instance, the HANS had a criteria analysis required fifty (50) to sixty (60) percent conservation. The ultimate conservation was twenty-eight (28) percent with respect to some of the examples of wildlife corridors, we provided an example, Strawberry Farms. The Staff report questioned whether there was any relevance to that because there was no understanding to whether Strawberry Farms, criteria based plan if it had any application. Strawberry Farms was under the NCCP was one of the premier permits under that program. The NCCP is a HCP of sorts and those conservation guidelines are actually in some areas integrated into the MSHCP. There is some discussion about covered activities and we just want to point out that this project does have an overlay for covered activities for transportation. Almost the entire site is covered. And again, we are not saying that covered activity is the result in any exemption of the MSHCP, but in terms of applying cell criteria if we are going to be debating about whether or not Cell Group I criteria should apply to Cell Group J. This is the reason why that is not accurate. When the cell criteria was established for Cell Group J, clearly this transportation project was known at that time and that is why Cell Group J does not have a focus on establishing a conservation width for a constrained linkage. To point out a response to comments in the EIR to the MSHCP, on the issue of linkages, this is response J4-10, 'the dimensions of linkages as well as other components of the additional reserve lands, provided their interpretation of the criteria as development and reserve assembly preceded, width and length of linkages are specifically not prescribed in the MSHCP to allow flexibility and reserve assembly and to benefit from property specific information anticipated to become available during the long term MSHCP implementation process.' That is what we have right now. We have project specific information and biology that you will hear a little bit more about, and it is on that information that we have established aone-hundred twenty-five foot average width for the linkage. The RCA letter that was submitted to you does go into again it, concludes that the minimum width of the connection that was analyzed within the project area was approximately two-hundred fifty (250) feet. There is really no discussion about how that was derived. I think that we all know in the record that it was derived from an application, a formula from Cell Group I criteria. Again, that analysis was done with the wrong cell group criteria and without property specific information. I would like to finish quickly with the meet and confer process. I know that there has been some discussion about what will occur after this body makes a decision. I would point out that there are two distinct dispute resolution procedures in the MSHCP. One is in Section 6.1.1 of the MSHCP, one is in 6.6.2. The latter is the JPR section of the MSHCP. The former is the LEAP or the HANS procedure of the MSHCP. Here you will see that this is coming from the JPR provisions, it states that, `this process shall not in any way limit the permitee's local land use authority, prevent a permitee from approving a project or change the provisions of the HANS process described in Section 6.1.1'. In Section 6.1.1 which is the LEAP and HANS process, there is a provision related to a discretionary dispute resolution process that the property owner can initiate. I would like to offer to this Council, that the meet and confer process which is really a timely process, it is supposed to happen early on fourteen (14) days, 15 Agenda Item No. 1 Page 22 of 60 thirty (30) days, thirty (30) days, fourteen (14) days, that is from application. It is a staff level dispute resolution process it is between RCA Staff and the permitee's designee. So in contrast, the dispute resolution provisions in the HANS or LEAP procedures are for the property owner, if there is a dispute between the property owner and the City. The point for the ADR dispute resolution provisions in the HANS and LEAP procedures is that it is a discretionary process. It states `that in order to address in a fair and consistent manner disputes which may arise concerning MSHCP conservation criteria', which is what we are talking about today, `conflict resolution may be initiated by the property owner or the City and allow a neutral third party to assist in resolving the disputes.' I would apply that it is a discretionary action available to the property owner. I would also offer that an ad-hoc committee procedure, where you bifurcate City Council review, go to ad- hoc, then bring back to this body, is a futile effort, it's redundant and it's within your discretion not to partake in that effort. With that I would like to turn this over to Dr. Jack Turner, if you have any questions I am available." Dr. Jack Turner, professor at Sam Houston State University in Huntsville, Texas, stated "for the last year, I have been on sabbatical leave here in Southern California working on a number of projects. I teach in the area of wildlife ecology and conservation. I have a number of graduate students who work in that general area as well as other teaching areas. I am also representing Felipe Vern, another biologist who worked with me on this project. I have been associated with this project for last two seasons as the biologist, shortly after it was acquired by Castle & Cooke. You have my declaration, a transcript of my comments, and , you also have a resume of my teaching and research activity. I don't really wish to talk at considerable length because I don't have the time, but, by the same token I wish to make a couple of points as summary statements. First of all, the corridor that this promotes is an avian flyaway; it is not for mammals, not for grizzly bears, not for prong horned antelope or deer, it's for birds. The MSHCP biology describes this corridor in error in the sense that it has none of the planning species it alleges to be there. Not only does it not have any of the planning species, it has none of their habitat, as such, there are no birds. The site is a monotypic stand. Monotypic referring to the fact that it is a single type of tree, about ninety-five (95%) percent eucalyptus and it is interesting the MSHCP has the eucalyptus tree on its' hit list, as trees not to invade if you wish or have within conservation areas. The proposed corridor, at least weighs at one end, is even larger than what is suggested by the MSHCP. It is four-hundred (400) feet. It tapers down to seventy-five (75) feet at the far end and it has an average diameter of one-hundred twenty-five (125) feet width. All of this for a stream of six (6) feet or so. The corridor as proposed will work. I have provided at least two examples one of which is in the Temescal wash. You have to understand that regardless of political standing, political documents or political attitude, the birds wilt still do what they damn well please and if they want to fly in an area that looks happy to them it will work. Indeed it has worked in two other areas that have much smaller corridors. What you are looking at is a vote of one-hundred seventy-five (175) feet of unimproved habitat eucalyptus trees that have not yet produced any birds or the planning species orone-hundred twenty-five (125) feet 16 Agenda Item No. 1 Page 23 of 60 average of quality habitat with great probability of attracting the planning species. It essentially is a qualitative verses a quantitative decision. From a scientific perspective, the qualitative perspective is always the better choice. I am available for any questions." Mr. Edward Sauls stated "there is a debate about the substance of what's to be conserved and not to be conserved and I am not going to weigh in on that. It's not my job, and I don't care. But I do care about though is integrity of process and here's why. I personally own property that is reliant on this MSHCP for permit. I went through a prescribed process. The rules are kind of spelled out. In addition; I worked with about eight to ten other property owners who have also relied on this process. Some have conserved their properties, some have benefited from about $23 million dollars in funding that I think would not have come to the table otherwise. Some have been able to permit maybe about thirty- five-hundred (3,500) dwelling units being approved. They are dependent upon the permits if they have gone through this process. So, how do you respect the process as I understand it. You would take whatever action you are going to take tonight, decide that it is consistent or not, and go from here to ad-hoc. I have no debate at all with this team over here about what they have shared with you this evening. Mr. Miles might be right in that it may be a futile process to go through to ad-hoc, but it is the process that this plan spells out. You have told your peers in Western Riverside County that you would adhere to. You have told me that I must go through and so I would just simply ask that you take action this evening that whatever you do goes to this ad-hoc committee, futile that it might be, so that we maintain integrity process. I am available for any questions." Mayor Magee inquired if there was anyone wishing to speak in favor or against this item. He invited Mr. Uhlry to the podium. Dan Uhlry, resident, stated "I was born in the area. Went to the grammar school there, right where the bridge goes underneath Temescal Canyon. It's been there forever, flooded. It used to flood all the time on the right hand side, which would be the north side. As far as habitat, if it flooded, we had frogs; if it was a dry year, there was nothing. I can't understand why they are so picky on this and yet across what is now Lake Street, which never used to be there when I lived there, they have Wyrock who is tearing down a whole mountain and they are worried about this little piece. I think the County, with their MSHCP, which we struggled, struggled and struggled with, finally reluctantly accepted and now I think the County has a big whip and they can tell everyone what to do. I think this is totally out of line. They already have 22% in this project that is dedicated in their proposal. I think the County just wants to play big daddy or something. I don't know. I am in favor of their project and I do not understand what WRCOG or whoever it is handling the MSHCP is trying to do here. I think it is a test case to see what they can get away with. I think this City should stand up as they did before and say hey wait a minute, and you should just approve this project as presented." 17 Agenda Item No. 1 Page 24 of 60 Mayor Magee inquired if there was anyone else wishing to speak. Mayor Magee questioned Community Development Director Preisendanz regarding the PowerPoint presentation made to the Planning Commission. He stated that it shows a 175 foot swath through the property, this is your compromised width. On the east side of Lake Street as it goes to Wyrock, between Wyrock and the County MSHCP land is there one-hundred seventy-five (175) feet of dedicated area? Community Development Director Preisendanz responded that he is not sure if there is one-hundred seventy-five (175) feet there. He noted this will be an assemblage of a linkage that is for a Master Plan for the MSHCP and this area would need to be dedicated with one-hundred seventy-five (175) feet. Mayor Magee inquired from Lake Street upstream, or east until it gets past Wyrock, is one-hundred seventy-five (175) feet presently of habitat. Community Development Director Preisendanz responded there was not 175 feet of habitat. Mayor Magee then stated that Mr. Thayer brought up an interesting point that perhaps the exempt property inside Castle & Cooke would then bring down the City's net acreage requirement. He inquired if the City is at thirty-four hundred (3,400) acres presently, has the City potentially hit its mark. Community Development Director Preisendanz stated they are currently working with the RCA to look at that settlement agreement area in order to reduce that acreage, and are working with them now to find other areas to make up that property. Mayor Magee stated that he has a couple of questions for the RCA Staff. He inquired about the Temescal Canyon Road extension that Supervisor Buster is proposing on the east side of the 15 Freeway. He stated this extension will go through two major floodways, a habitat much richer than what we see here, with oak trees and some real rafters, including the longhorn sheep are in the area. He inquired if Mr. Mullens group was involved in designating an area, are they purchasing property, and is there a linkage corridor there. Tom Mullen indicated that it has not been brought to them and if they don't have it, they cannot comment. Mayor Magee stated that Director of Transportation Mr. Perez has been showing these drawings since February of 2006 and is not sure, at what point, the agency would be involved. He stated that he hoped their agency would be consistent in their action. 18 Agenda Item No. 1 Page 25 of 60 Mr. Mullen stated that if it is in the General Plan today, than it is a covered activity. If it is not, then it's probably not covered. Mayor Magee inquired which of their staff members spent time walking and observing the biological activities on the site. Joe Monaco commented that it is the RCA's policy not to go out and do site inspections. He stated they typically do not get right of entry to do that. He stated that their review is based on determinations of permittee staff. They use the information that is provided to them. He stated that in this particular case, they have viewed the property from public roads, but have not gone on the site without permission. Mayor Magee inquired if RCA staff has ever asked for permission to physically been on the site. Mr. Monaco responded that they have not requested permission, they rely on information the City Staff provides. Mayor Magee stated that orr May 22, 2006, both the Fish and Wildlife Service and Fish and Game wrote a letter indicating that the entire site should be acquired. or purchased for conservation. He inquired if Mr. Monaco's agency tendered an offer to purchase the property to the property owner. Mr. Monaco stated that they disagreed with the wildlife agency's determination in that particular case. He stated that the JPR was submitted, the RCA doesn't look at alternative conservation scenarios, they look at consistency based on the information provided. He stated they made a determination of inconsistency, the wildlife agency then has ten (10) days to review the comments and findings, then provide their own comments. He stated that their comment back was that their belief was that the entire site was described for conservation. He stated that it is an important point relative to the comments made about Cell Group J in the amount of acreage being committed to conservation. He stated what is also important for the MSHCP is not to just hit acreage targets, but to also assemble a reserve and a configuration that provides for long term conservation of the species. He stated that they did not necessarily agree that the entire site was needed for conservation. He stated that in the meet and confer, they looked for solutions, that's when they offered if the 1.4 acre portion between the conserved area and the freeway were to be included, then that would significantly reduce fragmentation that would occur from development of that property. He stated it's not arbitrary, it's not about quantification, it's quality and in this particular case the concern was the quality of the habitat degraded over time. Mayor Magee questioned Steve Miles regarding Council finding in his favor and finds that the proposed corridor is consistent with the MSHCP, and asked if he and his client are prepared to indemnify the City against any future legal action. 19 Agenda Item No. 1 Page 26 of 60 Steve Miles responded the implementing agreement has been researched and the MOU that was executed between the County and the City, He indicated their opinion that proper indemnification is already in place for the City, and therefore, there is no need for another indemnification. Mayor Magee stated that the RCA will weigh in against the City. He inquired again will their client indemnify the City against future action. He stated that it's really a question of putting your money where your mouth is. Steve Miles responded that yes, they are okay with the indemnification. He stated that he didn't know if the RCA will be weighing in on litigating on this matter. He stated that they can talk about the realities of permit relocation. Mr. Tomlinson indicated that Castle & Cooke does not feel that the indemnification is required in this instance. He noted he would entertain having an indemnification and is curious if there has been indemnifications during LEAP processes in the past. City Attorney Leibold stated that in every other LEAP application, the application for MSHCP consistency has been coupled with an entitlement, in every case. A standard condition of approval in a City with respect to the entitlement is indemnity in connection with the approval or the action corresponding to the entitlement. She stated that theirs is the only case where there is a request or application for MSHCP consistency in a vacuum not coupled with an entitlement. There are no conditions of approval attached to an entitlement, so the request is consistent with every other action the City takes. Councilmember Kelley questioned Mr. Mullen regarding a letter received from him that stated should the City Council find this project inconsistent, that the RCA would look at the meet and confer process as a failure and it would institute the ad-hoc process. She requested that he comment on this. Ward Simmons, Attorney, indicated that the next step of the process, after a meet and confer, would be the ad-hoc committee. He indicated that this is the first application brought to ad-hoc. Councilmember Kelley inquired, if it is the intention of the RCA at this point, from looking at Mr. Mullen's letter, that is the way you would review. Mr. Simmons confirmed and stated that the chairman would have thirty (30) days in which to call a meeting or to appoint a committee, assuming it would probably take place in the first part of September. Councilmember Kelley inquired what the process was after a disagreement, should there be one. 20 Agenda Item No. 1 Page 27 of 60 Mr. Simmons stated the Fish & Wildlife Service and the Department of Fish & Game would weigh in. They would have the option of revoking or suspending part of the permit. He indicated that part of the implementing agreement lays out a process. After this process to meet and confer with the Fish & Wildlife Service, that would be the next step after the ad-hoc committee process. Councilmember Kelley inquired how the circumstances of the width were changed and for what reason. Environmental Planner Worthy responded there has been some misconception that the number was an arbitrary number. She stated that the one-hundred seventy-five (175) foot width was not based on a minimum width or a standard for the width of the linkage, but was based on site specific circumstances. It was based upon the dimensions of the site and included an assumption that development would be right up to the edge of the conserved area. She noted that the one-hundred seventy-five (175) foot approximation was scaled off from applicant submitted mass and is intended to include the strip of land between the wash and the I-15 right-of-way. She stated that the primary biological factor that was considered in developing the proposed compromise was a reduction of edge effects that are anticipated to result from development being right up to both sides of the wash. She stated that the concept of edge effects is a common factor in configuring conservation areas, elimination of edge effects associated with development of the strip of property between the applicants proposed conservation area and the I-15 would substantially increase the future viability of that linkage, as supported in reference literature in the MSHCP. She stated that the compromises from 100% down to two-hundred fifty (250) to two-hundred sixty (260) to considering on-site conditions and edge effects, results in conservation of the northern triangle, which just happen to end up being 175 ft. Councilmember Buckley stated Mr. Thayer indicated that staff originally supported the application. He inquired who on staff supported this and was there a policy decision in writing. Mr. Thayer responded this was at a RCA meeting with Rolfe Preisendanz, Wendy Worthy, Steve Miles, myself and Harvey Stozer attended and indicated that Mr. Preisendanz carried most of the support with some input from Wendy. Councilmember Buckley inquired if the villages have been entitled. Mr. Preisendanz confirmed they have not been entitled. Councilmember Buckley inquired, on the issue of the ad-hoc, if the applicant believes that time has past and it does not need to occur. Steve Miles responded "basically Section 6.6.2.E of the MSHCP is broken down into four sections. The introductory paragraph confirms that that process will not in any way will bind the local authority or the provisions of Section of 6.6.1. The 21 Agenda Item No. 1 Page 28 of 60 dispute resolution provision for the LEAP and HANS process which includes a 45 day initial review is in Section 6.1.1. It is really a timely process it is supposed to happen early on, fourteen (14) days, thirty (30) days, thirty (30) days, fourteen (14) days, which begins from submittal of application." Councilmember Buckley asked for either Mr. Thayer or the applicant's attorney respond to his question. Mr. Thayer responded "in the event staff and permittee representatives fail to resolve any outstanding issues regarding the project's compliance with the MSHCP, the matter shall be submitted to ad-hoc committee made of elected officials representing RCA and permitee." Councilmember Buckley inquired, on the issue of indemnification, would the RCA Board consider indemnifying the City if it in fact was involved in a legal dispute with the RCA Board. Mr. Mullin responded "if Castle & Cooke is an example, in this instance, were to sue the City for some action relating to the MSHCP that was taken, the RCA is obligated to indemnify you." Councilmember Buckley inquired of Mr. Mullin if he was a developer, how much money would he spend internally, and on external consultants, to attempt to partially to entitle a 1.4 acre piece of property that has to be accessed from some else's property. Mr. Mullin responded he ha no clue. Councilmember Buckley inquired of the City Attorney, if the Council needed to take an action to trigger Ad-Hoc. City Attorney Liebold responded the MSHCP contemplates Ad-Hoc when the City intends to move forward with a project that the RCA staff disagrees with in terms of consistency, unless there is some sort of negotiated agreement, to pursue an Ad-Hoc like procedure. Councilmember Buckley stated "the whole discussion may be made mute and a waste of time if and when the flood control widens the corridor beyond 75 ft. It is true that anything can be engineered to hold flood water, but is an extra two acres worth all the extra time and money with the channelization process. There is no actual project involved. A highly unusual circumstance, in fact, a unique one. There is also apparently a company proposal to shift the tennis style intersection, with Lake further south, more than making up the loss of 1.4 acres. To me, none of this quite adds up, two years of back and forth in expenses. So why do it? To me the issue here is not 1.2 acres and 17,000 sq.ft. of potential retail space. I believe the issue here is power. The power of Castle & Cooke to, in the future, essentially ignore staff, ignore planning guidelines, and ignore the 22 Agenda Item No. 1 Page 29 of 60 constraints that are placed on every other developer in the City. It is basic risk and reward. Worst case scenario out of this is that the company has to play by the rules like everyone else does. I implore the Council to see it for what is really is and not let your suspicion of the MSHCP cloud your judgment. It is not about two acres, it is about thousands of acres. This is not about different habitat interpretations, but about the integrity of the entire planning process. If this passes, we might as well let Castle & Cooke continue to keep on writing our City resolutions and staff reports as they submitted with this. The first time it has ever been done. So inappropriately, so brazenly, and to be honest, so insultingly. The issue also is about other developers who have played through the process. There are property rights involved here. We have more than one property owner in the City of Lake Elsinore. I would implore the City Council to be very careful about what this means. This is not about 17,000 sq.ft., not about an 1.2 acres accessible through someone else's' property. It is about power." Councilmember Schiffner indicated he was not really too concerned about the indemnity because he hoped whatever decision the City Council made, that it would be defensible and will be the correct one. He noted in all of the explanations he has been subject to, he found a great deal of ambiguity, a great deal of choices made that greatly affect the outcome of the final decision. He noted he has yet to find any definite information to show that the particular scenario shown by the developer, that he can find any reason that it was not inconsistent. Mayor Pro Tem Hickman indicated he feels the process is not broken. He stated there is no given project involved in front of the Council and MSHCP should buy the land or Castle & Cooke should bring it in front of us. He indicated he would air on the side of private property and support the Planning Commissions' decision. Mayor Magee stated "it was important to take a look to see how we got here. The MSHCP came before the City Council in January 13, 2004, with an all or nothing ultimatum from the Board of Supervisors, pass it, or we will pass you by, and you will get no Measure A transportation money. He noted rather a heavy handed approach to a City that was being tasked with donating more acreage than any other City in Western Riverside County. He stated on the other side of our County establishment and our neighboring cities urging our approval was one developer -Castle & Cooke who had just spent several months personally attacking a number of City Council candidates without ever verifying their facts, and without ever coming back on their accusations. He noted his very first City Council action was a difficult decision and after being promised all resource agencies would cooperate in the permitting process, and after reviewing over 800 pages of materials, and speaking with people that I have known for a very long time and both trust and respect, I made the decision to vote in favor of the MSHCP, subject to the following stipulations made by County Officials that night: 1) The County and the RCA would assist the City staffing help - no help came for the first two years, and the City was forced to hire its own specialist; 2) The 23 Agenda Item No. 1 Page 30 of 60 County and the RCA would help the City reach its acreage target number as quickly as possible and it would be at the lower end of the range and not the top - three and '/z years later, the City is not there yet; and 3) and most importantly, the City would maintain its autonomy with respect to land use decisions, and the City's ability to say "no" or to preserve the City economic viability, specifically when it came to commercial or industrial land uses which would generate revenue and create jobs. In September of last year, Tom Mullin spoke to representatives of the Riverside County Transportation Commission about the value and the need for the MSHCP. Mr. Mullin indicated the purpose of the MSHCP is to enable the City to provide infrastructure to the County in an expeditious manner as possible. He stated if the MSHCP does not enable the City to build the roads the City needs, we might as well abandon it. It was imperative that the City places the safety of our citizens ahead of bugs and bunnies. It is wrong and needs to stop. In the 31/2 years since this City passed the MSHCP, the TUMP Funds, those threatened to be withheld from the City if the City did not join the MSHCP, has only partially funded one traffic signal in this valley. He stated and now Castle & Cooke has placed us in this very uncomfortable position of making any decision absent of any development proposal. The RCA has already lined up in a letter stating that they are ready to convene a yet to be appointed ad-hoc committee. If the City finds for the applicant, they will inform the wildlife agencies of the City's action, and they may in turn deem the entire MSHCP out of compliance and suspend or revoke the coveted 10-A permit. This was not the last stand on Fiji. This is 1.4 acres of predominately non-native vegetation, next to a freeway off-ramp in Southern California which does not contain a single endangered or threatened species on it. I would like to recognize City staff and the Planning Commission and thank the applicant for their exhaustive amount of information. I walked the property from end-to-end, side-to side, explored the linkage opportunities to the east and west and even the opposite side of the freeway through a drainage conveyance. This site is clearly the least desirable habitat in the area. The linkage opportunities and their value cannot be denied, however, the widths of the linkage proposed by the RCA on our staff, in my opinion, are too broad. Castle & Cooke are proposing a 75' wide minimum habitat corridor. My observation at this site is that the wildlife, much as described by Dr. Turner, has been able to successfully traverse this tiny corridor for decades. I will not encourage this narrow passage again, and clearly there are areas in the exempt Pacific Clay property that must be maintained with corridors of several hundred feet. I believe in using-the reasonable man standard that it is acceptable to grant the applicants request and find that it is in compliance with the MSHCP. I hope my colleagues in Riverside and on the ad-hoc committee will carefully take all of this testimony into consideration before they walk the site and render an opinion." It was moved by Mayor Magee, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. -2007-142 and moved that Castle & Cooke sign an indemnification agreement to indemnify the City from any and all actions generated in opposition to this finding. Resolution No. 2007-142 reads as follows: 24 Agenda Item No. 1 Page 31 of 60 A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS THAT THE PROJECT KNOWS AS LEAP 2005-12 FOR A 9.09 ACRE PROPERTY IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: COUNCILMEMBER BUCKLEY ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced an Affordable Housing Study Session on July 26`h at 5:00 p.m. in the Cultural Center. 2) Announced the Elsinore Valley Arts Network Art Walk will be held on July 27"' at from 4-8:00 p.m. downtown Main Street. 3) Announced on July 28th, Cruz Nite 5-9:p.m. downtown Main Street 4) Announced on August 4`h the Household Waste Management 9-2 on Langstaff adjacent to the City Yard 5) Announced the State of the City address will be held Thursday, August 23`d at the Diamond Club at 5:00 p.m. Tickets are $25 per person which includes a ticket to the baseball game. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. 25 Agenda Item No. 1 Page 32 of 60 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Requested the Study Session to discuss the Civic Center be held on August 30th at 5:00 p.m. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Hickman commented on the following: 1) Announced on August 11th a blood drive will be held at the Diamond Stadium at 5:00 p.m. He stated they will also be looking for marrow donors. 2) Congratulated Mr. Ron Edwards who won $10,000 in the reverse raffle for the Chamber of Commerce. Councilmember Buckley commented on the following: 1) Suggested the Study Session for the Civic Center be called more appropriately a "community briefing of and by the community finalists." He also suggested having it before August 30th. He suggested having further discussion regarding the meeting. 2) He stated due to his action he calls on Cardinal Roger Mahoney to resign as Arch Bishop of the Los Angeles Dieses. He noted the recent settlement and arrest of Father Miller whom Mahoney went to the Supreme Court to protect his personal records which showed him consistently abusing children. He stated only the release of those records made his arrest possible. Mr. Mahoney is a destructive embarrassment to the Church and society in general. Mayor Magee commented on the following 1) Recognized City staff. He indicated the City Council voted on a four year contract which include a pay increases and increases in medical coverage. It is an example of this Councils' faith and commitment to the efforts of our staff. He stated Council greatly appreciates and values staff and glad staff was accepting of the four year contract. Mayor Magee adjourned the Regular City Council meeting at 9:28 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE 26 Agenda Item No. 1 Page 33 of 60 ATTEST: VIVIAN M. MUNSON CITY CLERK 27 Agenda Item No. 1 Page 34 of 60 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRURY 26, 2008 CALL TO ORDER Mayor Hickman called the Joint Study Session to order at 4:05 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: COUNCILMAN BUCKLEY (Arrived at 5:06 p.m.) Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Director of Community Development Preisendanz, Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo, Finance Manager Riley, Planning Manager Weiner, Associate Planner Carlson, Building/Safety and Code Enforcement Manager Chipman, Public Works Manager Payne 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 Mike Bertetto, resident, explained to the City Council his issues pertaining to the citations he has received by the City's Code Enforcement Department, the lack of professionalism shown by the Officers and indicated he would like to meet with the Mayor, City Manager, Code Enforcement Officers involved with his case, the Chief Inspector and the City Attorney. Councilman Magee responded if he felt staff was not treating him in an appropriate manner, then he needed to come to his elected officials. Agenda Item No. 1 Page 35 of 60 Mayor Hickman responded to Mr. Bertetto, that the City Manager will set up a meeting with him and the other individuals to discuss his concerns. CONSENT CALENDAR (5) Minutes of the Following Meeting(s) Mayor Hickman indicated he would be pulling these minutes to abstain due to his absence. (6) Warrant List Dated February 14, 2008 Mayor Hickman inquired about Check No. 94093. Administrative Services Director Pressey responded to his inquiry. (7) Investment Reoort for January 2008 No comments. (8) Claims Against the Citv Mayor Hickman stated he hoped the pot holes have been resolved. (9) TIF Reimbursement Agreement Amendment for Centex Homes Mayor Hickman inquired about the dollar amount of the reimbursement. Public Works Director/City Engineer Seumalo responded the amount of the credit is $844,000. City Treasurer Weber requested a map of the roads they have constructed to justify the credit. Public Works Director/City Engineer Seumalo responded he would provide a list prior to the regular City Council meeting. (10) Median Modification on Malaga Road No comments. (11) Donation to Animal Friends of the Valley Mayor Pro Tem Kelly stated she was happy to see this. 2 Agenda Item No. 1 Page 36 of 60 (12) Status of the General Plan Update and Environmental Impact Report Community Development Director Preisendanz presented the staff report. He presented a modified schedule than what was presented in the package. He indicated staff believes this schedule is necessary due to the nature of the Draft EIR and General Plan Update comments received. He indicated staff felt the substance of the comments received have warranted extensive research and diligence in order to prepare a more thorough and defensible response. Community Development Director Preisendanz indicated the schedule will be modified as follows: Jones & Stokes' comments on the Draft EIR will be delivered to City staff and City Attorney by March 14, 2008; the City Attorney will review and provide comments back to Jones & Stokes' by March 21, 2008; Jones & Stokes' will deliver final documents to the City by April 4, 2008; and the first Planning Commission Hearing will be on April 15, 2008. (13) Proposition 16, Local Streets and Roads Funding Councilman Magee inquired on the potion of Grand Avenue, if the City would be including both sides; to include the side that is currently within the County's jurisdiction. He also inquired when the project would be completed. Public Works Director/City Engineer Seumalo confirmed and indicated his goal was to have the project completed by the end of summer. (14) Status Report Regarding the MSHCP Councilman Magee expressed his concerns with the amount of acreage that remained to be conserved within the entire MSHCP area. City Attorney Liebold indicated the City has not received the 2007 report. She indicated the range assigned to Lake Elsinore has not changed. The acreage through the end of 2006 that had been set aside for conservation purposes under MSHCP was 2,623 acres. The 2007 report is not yet available, however, it is understood to be a very small amount of acreage, probably less than ten acres. She stated the permit is based on conservation of 153,000 acres and how that acreage is assembled is within all six sub-units with the Lake Elsinore plan area. Councilman Magee requested staff to stay on top of the process of the extension of Temescul Canyon Road alignment and ensure that the County plays by the same set of rules on a 200 acres expansion of a six lane road with drainage facilities that will economically enable several land owners in that area to reek massive benefits and verify they do exactly what the City is being forced to do on 9.9 acres. 3 Agenda Item No. 1 Page 37 of 60 Mayor Pro Tem Kelley stated what is really bothersome to her and feels the City Council should really keep tabs on is the Settlement Agreement. She stated apparently, RCA is trying to decide if Lake Elsinore is going to make those up out of other areas of the City. City Attorney Liebold indicated that it was her understanding that RCA agrees that that acreage does not need to be made up with other identified acreage within the City. She indicated region wide, what needs to happen and when the MSHCP was adopted, there are properties that are exempt from MSHCP because they are subject of vested right under a development agreement or a vesting tentative tract map, or a general common law vested right because they are far enough along in their development or the settlement agreement and then again the Sauls-Helix report and those properties that were subject of some prior agreement in the wake of MSHCP. She noted what has never happened is a full inventory of exempted properties. She stated if RCA can demonstrate that there is still sufficient available acreage as defined by the criteria cells to achieve the 153,000, there will not need to be any modification. She noted if they cannot demonstrate that there is sufficient acreage available, they will have to do some sort of modification. She stated at this point, that it is her understanding, that RCA says that the City has no obligation to identify additional properties to replace exempted properties under the settlement agreement. PUBLIC HEARINGS (15) Approval of a General Plan Amendment Zone Change and Specific Plan for Spyglass Ranch Specific Plan Councilman Magee requested staff to discuss the issues that Cal-Trans pointed out with respect to increased traffic. Community Development Director Preisendanz responded staff has, through the EIR, addressed a number of mitigations that are going to be required on this project. He indicated the Conditions of Approval are substantial; they have not avoided any impacts that are related to traffic in this area. Public Works Director/City Engineer Seumalo also responded staff shares Councilman Magee's frustration with dealing with Cal-Trans. He indicated the City's Traffic Engineer reviewed the letter submitted by Cal-Trans and responded with a five page letter. He stated a lot of the information in Cal-Trans letter is inaccurate or misleading. He stated the traffic mitigation is addressed through interim improvements or payments of fees like TUMF or TIF. Councilman Magee asked staff if they were confident that the mitigation measures and the conditions of approval adequately mitigate and provide for this project to go forward with out significantly impacting this community adversely. 4 Agenda Item No. 1 Page 38 of 60 Public Works Director/City Engineer Seumalo and Community Development Director Preisendanz confirmed. (16) General Plan Amendment No. 2007-06, Industrial Design Review No. 2006-02, and Tentative parcel Map No. 33531. "Elsinore West Business Park" No comments. (17) SPUD) Overlay District Within Various Zoning District s Citywide as Outline din Chapter 17.37 (Planned Unit Development Overlay District) No comments. (18) Ordinance to Eliminate and Amend Certain Time Limits With Respect to the Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Proiect Areas No. I, II and I I I No comments. BUSINESS ITEMS (19) Consideration of Commercial Design Review No. 2007-18 for the Proiect Known as the "Bank of America" Building No comments. (20) Approval of an Extension of Time for Tentative Tract Map 33486 No comments. (21) Acouisition of Tax-Defaulted Properties by the City of Lake Elsinore Mayor Pro Tem Kelley inquired why the City was attempting to purchase all of these properties and indicated she was not prepared this evening to vote to spend this kind of money on these parcels without having a chance to discuss with Council which parcels are of importance to the City. Councilman Magee stated that Councilman Buckley has consistently asked staff to have their radar up for just these types of sales in the anticipation that there may be an opportunity to purchase properties that have gone into foreclosure. He indicated Council needs to decide if or what make sense to go out and look at and purchase. He indicated most of these parcels are vacant parcels. He stated he was not also prepared to purchase any properties this evening, but directs staff to do an assessment and analysis of what makes good sense and notify the County that the City has some interest in some of these properties. Agenda Item No. 1 Page 39 of 60 City Manager Brady responded these properties are tax-delinquent on their taxes for five years and there is only one property that is an established parking lot. He stated this is the last meeting the City Council could take action on prior to staff responding back to the County. He noted the resolution would indicate to the County the City has some interest in purchasing property, but would not obligate the City. Administrative Services Director Matt Pressey stated prior to the regular City Council meeting, he will verify with the County and confirm this does not obligate the City to purchase any properties. Councilman Schiffner stated he was satisfied to consider the properties, but would not want to take any action on this unless Council does not obligate itself to purchase any of the properties. Mayor Pro Tem Kelley stated the value of the land is dependent upon what the City plans to do with the land and if there are no plans for the land, then it is useless -good deal or not. Councilman Magee urged careful consideration on the pieces of property that are touching Highway 74, also known as Riverside Drive. He stated at some point if that becomes our obligation, the City would be looking to expand the right-of-way along that area between Strickland and Four Corners. He stated if these parcels are cheap now, then it would behoove the City to take a look at these properties. He stated on some of the thinner lots, according to the Subdivision Map Act, the City would be obligated to provide access on to the road. He stated by taking that away, then the City limits the amount of driveways coming out of Highway 74. Administrative Services Director Matt Pressey indicated if it does not obligate the City, which he feels is correct, this resolution would initiate the process and through close consideration and a more detailed analysis, Council could then make a decision parcel by parcel. (22) Assessment District and Community Facilities District Annual Report No comments. REDEVELOPMENT AGENCY CONSENT CALENDAR (1) Approval of Redevelopment Agency Minutes No comments. 6 Agenda Item No. 1 Page 40 of 60 (2) Warrant List Dated February 14. 2008 No comments. (3) Investment Report for January 2008 No comments. PUBLIC HEARINGS (4) Approval of a General Plan Amendment, Zone Change and Specific Plan for Spyalass Ranch Specific Plan No comments. (5) General Plan Amendment No. 2007-06, Industrial Design Review No. 2006-02, and Tentative parcel Map No. 33531. "Elsinore West Business Park" No comments. (6) Zoning Ordinance Amendment 2007-01; a Request to Amend the Lake Elsinore Municipal Code Relative to the Establishment of a Planned Unit Development No comments. BUSINESS ITEMS There were no business items. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES No comments. ADJOURNMENT Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Session at 5:22 p.m. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE Agenda Item No. 1 Page 41 of 60 THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 8 Agenda Item No. 1 Page 42 of 60 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 26, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 7:02 p.m. CLOSED SESSION City Attorney Leibold indicated the following item was to be discussed during Closed Session: (1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code §54957): City Manager The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.MI PLEDGE OF ALLEGIANCE Marsha Swanson led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer and asked everyone to remember Sonja Wilson's son Billie who recently passed away. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Director of Public 1 Agenda Item No. 1 Page 43 of 60 Works Seumalo, Information/Communications Manager Dennis, Chief of Police Fetherolf, Director of Community Development Preisendanz, Planning Manager Weiner, Finance Manager Riley, Fire Captain Hendershot and City Clerk Munson. PRESENTATION/CEREMONIALS Gene Wunderlich, representative of the Realtor's Association, made a presentation regarding mortgage fraud in the Lake Elsinore area. Mayor Hickman requested the City's IT Dept. to work with Mr. Wunderlich on providing this information on the City's web site. Louis Davis, Regional Public Affairs Manager for Edison, made a presentation regarding the activities of California Edison which will be undertaking the fortifying and strengthening the electrical infrastructure for the City. Nancy Hunzuker, 15t Vice-Chair for the Chamber of Commerce, provided an update on Chamber activities. She stated the Chamber will be holding their 13th Annual Golf Tournament on Friday, April 11th at the Links at Summerly and for further information call 245-8848. She also announced the next Chamber Mixer will be held on Thursday, February 28th at 5:30 p.m. at the Wells Fargo Bank on Highway 74 and Central Avenue. She also announced the Education Workforce Development Committee Luncheon will be held on Thursday, March 20th at the Diamond. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session for a public employee performance evaluation of the City Manager. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Ruth Atkins, resident, announced the book on the history of Lake Elsinore, published by the Lake Elsinore Historical Society, is for sale and available at the Main Street Museum. Mike Matthews, resident, spoke about the unhealthy situation being caused by the development and business that are located behind his property. He indicated that there is now an awful order and stated he is asking for City Council's help to get all involved parties and resolve the drainage issue. Dora Munoz, resident, also spoke about the problems she and her family members endure due to the drainage problem. Public Works Director/City Engineer responded the City is waiting for the Shopoff Group to process an agreement between Fairfield Communities so that the City can run the drainage across their property. 2 Agenda Item No. 1 Page 44 of 60 Councilman Magee suggested the Council not approve another project in that area until the problem is resolved. He stated the annexation effort needs to stop and no permits for anything in Rosetta Canyon be issued. He noted if Fairfield cannot control their water, then maybe the Water District can control it by turning it off. He stated the City needs to get the attention of these people that are harming the people below them. Mayor Hickman requested staff to contact Shopoff and inform them of the discussion that occurred. Councilman Buckley also suggested each Councilman contact Shopoff in the morning and demand the drainage issue be fixed. The following items were listed on the Consent Calendar for Council approval: (5) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -February 26, 2008. b) Regular Meeting -February 26, 2008. Recommendation: Approve as submitted. (6) Warrant List Dated February 14, 2008 Recommendation: Authorize payment of Warrant List dated February 14, 2008. (7) Investment Report for January 2008 Recommendation: Receive and file. (8) 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. (9) TIF Reimbursement Agreement Amendment for Centex Homes Recommendations: Approve the reimbursement of $844,485 and authorize the City Manager to execute an amendment to Section 5 (Payment of the Reimbursement Amount) of the Street Improvement Reimbursement Agreement allowing for reimbursement of an amount not to exceed $844,485 in a form approved by the City Attorney. 3 Agenda Item No. 1 Page 45 of 60 (10) Median Modification on Malaga Road Recommendation: Authorize staff to proceed with the construction process for two left turn pockets on Malaga Road adjacent to the easterly driveway of stadium lot "A" and parking lot "C" using the Street Improvement In-Lieu funds in the amount estimated to be $55,000. (11) Donation to Animal Friends of the Vallev Recommendation: Authorize the City Manager to donate four available surplus vehicle flashing warning lights and donate an additional four vehicle flashing warning lights as they are classified surplus within the remainder of the calendar year. This donation will be made to the Animal Friends of the Valley. (12) Status of the General Plan Update and Environmental Impact Report Recommendation: Receive and file. (13) Proposition 1 B. Local Streets and Roads Funding Recommendation: Approve the use of Proposition 1B funds for the pavement repair and asphalt overlay of Grand Avenue between Machado Street and Riverside Drive. (14) Status Report Regarding the MSHCP Recommendations: a) Receive and file this status report; b) Approve Amendment No. 2 to the JPA; c) Direct staff to notice an ordinance amending Section 19.16.090 of the Lake Elsinore Municipal Code regarding the automatic annual fee adjustment to the MSHCP fee schedule; and d) Provide additional direction to staff as the Council deems appropriate. Mayor Hickman pulled Consent Calendar Item No. 5. It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to approve Consent Calendar Items No. 6 through 14, exclusive of Consent Calendar Item No. 5. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE 4 Agenda Item No. 1 Page 46 of 60 COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL APPROVES CONSENT CALENDAR ITEM NO. 5 -MINUTES (5) Minutes Mayor Hickman indicated he pulled this item to abstain from voting due to his absence. It was moved by Mayor Pro Tem Kelley and seconded by Councilman Magee to approve the Consent Calendar Item No. 5. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: MAYOR HICKMAN PUBLIC HEARINGS (15) Community Development Director Preisendanz presented the staff report. He stated Spyglass Specific Plan encompasses 259.6 acres and proposes 1,035 dwelling- units ranging from estate residential homes, single-family detached homes, courtyard homes, multi-family homes, public and private parks, 85 acres of open space, and an extensive multi-purpose trail system. He stated the Planning Commission recommends approval of the General Plan Amendment, Zone Change and Specific Plan. Mayor Hickman opened the public hearing at 7:52 p.m. 5 Agenda Item No. 1 Page 47 of 60 Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed public hearing at 7:52 p.m. Councilman Buckley had several questions of staff regarding the Specific Plan, the development and the Conditions of Approval. Councilman Buckley requested staff to ensure Condition No. 22 stating "all streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit within Phase I of project development as identified on the approved landscape plans" is included in the Conditions. Councilman Buckley requested Condition No. 35 be amended to read as follows: "All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council." Councilman Buckley also requested when any of the other Conditions addresses the concept of other entities maintaining land, that the specific wording of "shall be approved by the City Council", shall be used. Councilman Buckley requested in Condition No. 45 that the words "a raised median" be placed back in the Condition. Councilman Buckley requested staff ensure Condition No. 71 be part of the Conditions. Councilman Buckley requested staff remove the wording "at a higher occupancy threshold" in Condition No. 75. Councilman Buckley noted that Condition Nos. 92, 93, 94 and 95 need to be amended to read "entity approved by the City Council." Councilman Buckley requested to add a reference to plexi-glass fencing. Mayor Pro Tem. Kelley stated she disagreed with the comfort level that staff has with the amount of park space and the paying in-lieu fees for a regional park somewhere else in the area. Community Development Director Preisendanz indicated within the court yard homes, staff will require a recreation center, BBQ areas, open space areas for the individual homes which will be congruent with the single-family detached 6 Agenda Item No. 1 Page 48 of 60 homes. He noted there will be future opportunities to require parks in strategic locations throughout the tracts as they are proposed. Councilman Magee asked Mr. Lunde if he would consider a change in the density because he cannot support 24 dwelling units per acre and suggested 20 dwelling units per acre. Mr. Lunde responded if the market does not favor 24 dwelling units per acres or in the next few years, they have the ability to down size and ultimately change to commercial if the market does not favor residential. It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-27, certifying Environmental Impact Report No. 2007-01. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-28, 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 7 Agenda Item No. 1 Page 49 of 60 It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-29, approving General Plan Amendment No. 2006-04. 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 motioned by Councilman Magee, and seconded by Mayor Hickman to waive further reading and introduce Ordinance No. 1246, approving Zone Change No. 2005-07, subject to the modifications in planning areas # 5 and 6 that the maximum density does not exceed 20 units per acres. The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE It was motioned by Councilman Magee, and seconded by Mayor Hickman to waive further reading and introduce Ordinance No. 1247, approving Specific Plan No. 2005-02, subject to the changes made to Condition Nos. 77, 35, 45, 92, 93, 94, 95, 45, and 75 with respect to the signals, and to add in the ability to add plexi-glass fencing as well and including Planning Areas Nos. 5 and 6 for density not to exceed 20 dwelling units per acres. A substitute motion was made by Councilman Buckley with regards to Areas 1, 5, 6 and 12 combined to have a maximum of 12 dwelling units per acres that g Agenda Item No. 1 Page 50 of 60 increases on court yard and decreases on multi-family. There was no second; therefore motion fails for lack of a second motion. (16) The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE COUNCILMAN BUCKLEY LEFT THE COUNCIL CHAMBER AT 8:48 P.M. Community Development Director Preisendanz presented the staff report. He noted this project will ultimately be developed as five separate single-story light industrial buildings ranging in size from 5,181 sq.ft. to 9,951 sq.ft. He stated the Planning Commission unanimously approved the project and recommends City Council approval. Mayor Hickman opened the public hearing at 8:49 p.m. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed public hearing at 8:50 p.m. It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-30, adopting Mitigated Negative Declaration No. 2007-12. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 9 Agenda Item No. 1 Page 51 of 60 NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-31, 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 MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-32, approving General Plan Amendment No. 2008-08. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-33, Tentative Parcel Map No. 33531. 10 Agenda Item No. 1 Page 52 of 60 The following vote resulted: (17) AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt a Resolution No. 2008-34, Industrial Design Review No. 2006-02. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE COUNCILMAN BUCKLEY RETURNED TO THE COUNCIL CHAMBER AT 8:53 P.M. Community Development Director Preisendanz presented the staff report. He stated the Planned Unit Development Overlay would provide flexibility, diversity and creativity in the design of smaller development projects; smaller than a specific plan. He stated the Planning Commission unanimously approved the Zoning Ordinance Amendment and recommended City Council approval. 11 Agenda Item No. 1 Page 53 of 60 COUNCIL INTRODUCES ORDINANCE NO. 1248: APPROVING ZONING Mayor Hickman opened the public hearing at 8:53 p.m. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed public hearing at 8:54 p.m. It was motioned by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and introduce Ordinance No. 1248, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADDING CHAPTER 17.37 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT (18) The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Hickman opened the public hearing at 8:59 p.m. City Attorney Leibold presented the staff report. She stated the purpose of the ordinance is three part: 1) to correct some technical errors that resulted in an ordinance in 1994 that was required under Legislative changes, incorporated into Assembly Bill 1290; 2) it allows to take advantage of provisions allowed by Senate Bill 1211 to eliminate the time limit to incur debt; and 3) final purpose is to extend the life of each of the Redevelopment Plans by one year which is allowed by Senate Bill 1045. 12 Agenda Item No. 1 Page 54 of 60 Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed public hearing at 9:05 p.m. It was motioned by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to waive further reading and adopt by Urgency Ordinance No. 1249 as follows: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ADOPT BY TITLE ONLY AN URGENCY ORDINANCE ELIMINATING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. I, THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. it AND THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO III The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (19) AMERICA" BUILDING Community Development Director Preisendanz presented the staff report. He stated the bank will be located in the Target Shopping Center adjacent to the Wachovia Bank on the corner of Collier and Central Streets. He stated the 13 Agenda Item No. 1 Page 55 of 60 Planning Commission unanimously approved the Commercial Design Review and recommended City Council approval. Glen Daigle, Oak Grove Equities, Inc., thanked City staff and stated he would answer any questions the City Council may have. Jolge Cely, Architect for Bank of America, also thanked City staff and stated he is available to answer any questions the City Council has. It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt a Resolution No. 2008-35, 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 motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt a Resolution No. 2008-36, approving Commercial Design Review No. 2007-25. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 14 Agenda Item No. 1 Page 56 of 60 (20> (21) Community Development Director Preisendanz presented the staff report. He stated the tentative tract map proposes 83 single-family homes with lots ranging in size from 7,200 to 12,166 sq.ft. He stated the Planning Commission unanimously approved the extension of time for Tentative Tract Map No. 33486 until February 26, 2011, and recommended City Council approval. John Boggs, Corman Leigh, requested Condition No. 4 reflect the expiration of the map to be in three years instead of two. It was motioned by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt a Resolution No. 2008-37, approving an extension of time for Tentative Tract Map No. 33486 to include the amendment to Condition No. 4. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Administrative Services Director Pressey presented the staff report. He indicated the resolution before the City Council does not lock in the City to the purchase of the properties. He stated staff was able to contact Ken Press from the State Controllers Office and he indicated the City is not obligated up to the point of signing the purchase and sale agreement. Administrative Services Director Pressey indicated if Council approves this resolution, staff would submit the resolution to the County; the County then will take 3-4 months to finalize the agreement. He stated in the interim, staff would do an initial analysis, due diligence and refine the selection of the properties the City decides to purchase. 15 Agenda Item No. 1 Page 57 of 60 Councilman Magee stated the newspaper was incorrect in reporting and implying the City was purchasing homes that are in foreclosure, when in fact, none of the parcels had any residential structures on them or are foreclosed properties. It was motioned by Councilman Schiffner, and seconded by Councilman Buckley to waive further reading and adopt a Resolution No. 2008-38, objecting to the sale of some combination of the tax-defaulted properties identified above and applying to the County Board of Supervisors, County Tax Collector and Treasurer, and State Controller to purchase properties, and authorizing and directing the City Manager to execute the Purchase Tax Defaulted Property Agreement in the maximum total property purchase amount of $473,171.79, plus $175 for public notices ($473,346.79 grand total). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (22) COUNCIL RECEIVES AND FILES THE ASSESSMENT DISTRICT AND COMMUNITY FACILITIES DISTRICT ANNUAL REPORT Administrative Services Director Pressey presented a PowerPoint presentation. It was the consensus of the City Council to receive and file report. PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Announced the Chamber Mixer will be held at Wells Fargo Bank on Central Street from 5:30 p.m. to 7:30 p.m., February 28~h (2) Announced on Saturday, March 15~, the Household Hazardous Waste Collection, just outside of the City Yard at 521 N. Langstaff Street from 9 a.m. to 2 p.m. 16 Agenda Item No. 1 Page 58 of 60 (3) Announced March Stn was the Summerly Golf Course Grand Opening at 29381 Village Parkway. (4) Farmer's Market, Thursday, March 2nd, from 4-7:00 p.m. on Main Street and Peck. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: No comments. Councilman Magee commented on the following: (1) Trauma Intervention Program of Southwest Riverside County will be holding their 3`d Annual Golf Tournament on March 21St at the Links at Summerly. For information please call (951) 678-4509. (2) Congratulated City Manager Brady on his performance evaluation and indicated the Council unanimously supports him and looks forward to many, many years of service. Councilman Buckley commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. Mayor Hickman commented on the following: (1) Announced the City's Sister City Tahiti need families to house the kids later this summer. If you are interested call Leslie at (949) 742 0292. (2) Announced the Mayor, Councilman Buckley and the City Manager will be making a trip next week to Washington D.C. to acquire funding. 17 Agenda Item No. 1 Page 59 of 60 Mayor Hickman adjourned the meeting at 9:52 p.m. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK qg Agenda Item No. 1 Page 60 of 60 CITY OF ,~~ LADE ~ LSIIYOI~E ~~` DREAM ExTREME,~ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: WARRANT LIST DATED FEBRUARY 28, 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 February 28, 2008. Prepared By: Crystal Robinson /1 ,~ Account Specialist I ~j1~ Reviewed By: Matt N. Pressex~~~~~ Director of Admini tive Services Approved By: Robert A. Brady City Manager Agenda Item No. 2 Page 1 of 6 ;F',E',~~'LJA~~' 2a3, 2©®~ ~][`~'~' ~]F' ~LAIE~~E ~E~C.~]~1 ~ ~~]E 'VVA~.~ftAN'T SL~~~1 ~~a~ F17ND# F'UNI3 I)FSCRIT'TTON 'TO'TAL 100 GENERAL FUND $ 2,482,206.21 _105 ___ MISC. GENERAL PROJECT FUND 47,481.14 110 112 STATE GAS TAX FUND TRANSPORTATION/MEASURE A FUND -- _ 1,024.83 574.24 130 - -- LIGHTING/LANDSCAPE MAINTENANCE FUND 46,295.59 135 205 211 352 __ 356 357 L.L.M.D. NO. 1 FUND TRAFFIC IMPACT FEE FUND STORM DRAIN C.I.P. FUND A.D. 86-1 DEBT SERVICE FUND A.D. 90-1A DEBT SERVICE FUND __ C.F.D. 2003-02 DEBT SERVICE FUND 419.35 13,277.83 739.50 2,970.09 1,350.33 - 875.00 362 - - _ C.F.D. 95-1 1996-E DEBT SERVICE FUND __ 450.00 363 C.F.D. 88-3 III (A)/97 SERIES A DEBT SERVICE FUND 675.00 364 _ C.F.D. 88-3 III (B)/97 SERIES A DEBT SERVICE FUND- _ 396.84 365 C.F.D. 98-1 SUMMERHILL IMPROVEMENT DEBT SERVICE FUND - _-_ 3,422.81 366 C.F.D. 2005-6 CITY CENTER TOWN HOMES DEBT SERVICE FUND 450.00 367 368 C.F.D. 2006-1 SUMMERLY/LAING DEBT SERVICE FUND C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND 675.00 450.00 369 C.F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND 875.00 371 C.F.D. 2005-1 SERENITY/K.B. HOMES DEBT SERVICE FUND 3,030.00 372 C.F.D. 2005-2 ALBERHILL RANCH DEBT SERVICE FUND 675.00 373 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND - - 16,100.00 374 __- _ C.F.D. 2005-4 LAKEVIEW VILLAS DEBT SERVICE FUND _ -- 175.00 375 _ -- C.F.D_. 2006-4 TR#30698 & 32129 DEBT SERVICE FUND -_ 175.00 376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND __ _ - - 175.00 377 C.F.D. 2006-6 LUMOS TESSERA DEBT SERVICE FUND - - 175.00 378 C.F.D. 2006-8 RUNNING DEER ESTATES DEBT SERVICE FUND 175.00 381 __ C.F.D. 2006-10 RIVERLAKE VILLAS DEBT SERVICE FUND 175.00 382 C.F.D.2006-9 TRIESTE DEBT SERVICE FUND 175.00 388 - C.F.D. 2007-6 HOLIDAY INN EXPRESS DEBT SERVICE FUND _ _.. 64.05 604 ENDOWMENT TRUST FUND 350.00 605 PUBLIC IMPROVEMENT TRUST FUND - 121,812.41 606 MOBILE AIR FORCE POLLUTION FUND - 84.91 608 620 TRUST DEPOSITS & PREPAID EXPENSE_ COST RECOVERY SYSTEM 409,908.57 49,101.04 650 C.F.D. 2003-1 LAW & FIRE DEBT SERVICE FUND 369.30 651 C.F.D. 2006-5 PARKS, OPEN SPACES & STORM DRAIN DEBT SVC FUND 119.30 652 C.F.D. 2007-1 LAW & FIRE DEBT SERVICE FUND 69.30 GRAND TOTAL $ 3,207,517.64 3/4/2008 Warrant 022808 1 of i Agenda Item No. 2 Page 2 of 6 F~~~.uA~~ ~~. a®®~ c~]['~'~' ~]E lL ]E]L~~~1~]E~~E ~wA~aArrT ~.~sT C~3ECIC# VENDOR NAME AM011NT 93086 VOID-SANTA ANA REGIONAL WATER QUALITY BOARD -- ---- $ (4,500.00) - 93981 UNITED STATES POSTAL SERVICE 3,387.01 94062 VOID-LEAGUE OF CALIFORNIA CITIES (1,485.00) 94105 VOID-SONICWALL, INC. (845.00) 94131 SANTA ANA REGIONAL WATER QUALITY BOARD 4,500.00 94132 CALIFORNIA BUILDING OFFICIALS 425.00 94133 CITY OF LAKE ELSINORE 1,286.69 94134 ICMA RETIREMENT TRUST 4,563.00 _ 94135 LATHAM HOTEL 1,380.87 94136 STATE COMPENSATION INSURANCE FUND 14,393.58 94137 UNION BANK OF CALIFORNIA 23,234.04 94138 THE UNIVERSITY OF OKLAHOMA 1,200.00 _ 94140 VOID 0.00 94141 A & A JANITORIAL SERVICE 200.00 94142 A A EQUIPMENT RENTAL CO., INC. 94143 FAYROUSA ALAYACH 94144 AMERICAN EXPRESS _--- 94145 AMERICAN FORENSIC NURSES 94146 AMERICAN INDUSTRIAL SUPPLY, INC. 94147 ORANGE COMMERCIAL CREDIT 94148 APPLE ONE EMPLOYMENT SERVICES 94149 SAULARANA 94150 BCS INSURANCE & FINANCIAL SERVICE, INC. 94151 BIO-TOX LABORATORIES 94152 BIOLA UNIVERSITY 94153-94154 BLOOMFIELD GROUP, INC. 1,141.42 94155 94156 GLENN BOSWORTH BUSINESS WEEK 1,796.00 20.00 94157 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT 65.00 94158 94159 CALIFORNIA STATE TEACHERS RETIREMENT SYSTEM THE CALIFORNIAN 29,891.55 114.00 94160 CANON FINANCIAL SERVICES, INC. 2,619.69 94161 CAPIO _ 350.00 94162 JOHN CARLSON 243.75 94163 CASTLE & COOKE ALBERHILL RANCH L.L.C. 114,458.00 94164 94165 94166 CENTEX HOMES, SO. CA. DIVISION - --- _ CHERISHED MEMORIES PHOTOGRAPHY ROBIN CHIPMAN 2,743.76 --_ 2,125.00 399.47 94167 PATRICK CLARK 94168 CMS BUSINESS FORMS, INC. 94169 CNH CAPITAL AMERICA, L.L.C. 168.75 490.06 ,251.42 94170 COAST TO COAST WIRELESS, INC. 154.46 94172 KIRTA. COURY 94174 DAPEER, ROSENBILT & LITVAK, L.L.P. 94175 DELTA SERVICES 94177 DO IT A.I.C. P. __ - 94179 DOWNS COMMERCIAL FUELING, INC. 94180-94183 E.V.M.W.D. 94184 RODNEY EATON 324.58 ___ 1,016.73 513_.50 141.14 482.29 732.16 1,966.00 __ 749.68 1,064.53 350.00 540.00 385.15 -__ __ 54.99 15.38 2,062.50 - -- --- 202.28 3/4/2008 Warrant 022808 , of a Agenda Item No. 2 Page 3 of 6 ~E~~.ua~a~ ~~, a®®~ c~~"~'~ ~]E ]L~]E ]EIL~~hI~]E~]E vva~~$AN~ ~,~sT CI-IECTC# VENT.~012 NAME AMOUNT 94185 ELSINORE ELECTRICAL SUPPLY, INC. 119.85 94186 ELSINORE VALLEY YOUTH COURT 3,430.00 94187 EMKAY, INC. 898.58 94188 EMPLOYMENT DEVELOPMENT DEPARTMENT 4,340.00 _94189 ESRI, INC. 3,938.28 94190 EXCEL LANDSCAPE, INC. 3,901.75 94191-94192 FEDERAL EXPRESS CORPORATION 352.31 _ 94193 FERGUSON GROUP, L.L.C. 6,000.00 94194 FILARSKY & WATT, L.L.P. 360.00 94195 FLEXIBLE BENEFITS GROUP, INC. 981.00 94196 FORECAST HOMES INC., K. HOVNANIAN __ 500.00 94197 GAME TIME 128,632.25 94198 CARLOS & MARIA GARCIA 50.00 94199 GOLDEN OFFICE TRAILERS, INC. 269.38 94202-94203 HARRIS & ASSOCIATES, INC. 14,595.00 94204 HARRIS REALTY APPRAISAL 15,650.00 94205 HDR ENGINEERING, INC. 1,883.50 - .----- 94206 HEMET RUBBER STAMP & SIGN CO. 214.51 94207 --_ HEWLETT.-PACKARD COMPANY 979.34 94208 HI-WAY SAFETY, INC. 658.46 94209 HILTON SAN DIEGO RESORT __ 938.50 94210 HISTORICAL DOWNTOWN MERCHANTS ASSOCIATION 432.00 94211 INLAND DEVELOPMENT 1,732.50 94212 INLAND DEVELOPMENT 1,669.00 94213 INLAND EMPIRE LOCK & KEY 94214 INLAND URGENT CARE 12.93 156.00 94215 INNOVATIVE DOCUMENT SOLUTIONS 1,323.22 94216 JOHN LAING HOMES _ 175,050.00 __- __ 94217 JOHN LAING HOMES 200,970.00 94218 KDM MERIDIAN 1,645.00 94219 LAING HOMES 7,500.00 94220 LAKE ELSINORE TIRE & AUTO, INC. 181.02 94221 LESLIE CARSON 50.00 94222 LEAGUE OF CALIFORNIA CITIES RIVERSIDE DIVISION 94223 _. CHARLES MACKEY JR. - ---- 94224 - THE MARK FISHER COMPANY 94225 SANDRA MASSA-CAVITY __ 94226 MELISSA MEJIA 94227 ROBERT MEJIA 94228 -- METRO VIDEO SYSTEMS, INC. 94229 LINDA M. MILLER __._--- 94230 - -- - MORRISSEY CONSTRUCTION CO. 94231 MORROW PLUMBING, INC. 94232 MUNISERVICES, L.L.C. _ 2,775.00 2,690.00 3,780.00 78.50 _ __ _- _ 24,886.45 _ _ _ 5,025.00 _ __ _ 120.0_0 127.00 94233 VINCENT MUNOS 83.50 94234 NATIONAL TAX DATA 10,000.00 94235 _ NED R. HEALY & COMPANY, INC. _ _ _- _-- -__ 181.80 94236 NETCOMP TECHNOLOGIES, INC. 5,040.19 94237 NEXTEL COMMUNICATIONS 2,500.45 94238 OCB REPROGRAPHICS 37.09 94239-94240 PETTY CASH 541.62 94241 PILOT DEVELOPMENT ..-- 8,354.41 3/4/2008 Warrant 022808 2 OF 4 Agenda Item No. 2 Page 4 of 6 ~~~~.~a~~ zs, a®®~ ~~"~'~ ®]E ]L~]E ]E]L~~~I~]L~]E wA~a~aArrr ~~s~ C1-LECT{# VENI~OSt 1VAME AMOUNT 94242 PLAYLAND RV PARK 310.00 94243 GENARO & MABEL A. PRATS 1,780.00 94244 PREMIUM PALOMAR MT. SPRING WATER 256.75 94245 THE PRESS ENTERPRISE 974.40 94246 PRODUCTION VIDEO - -- 337.50 94247 PROTECTION RESCUE SECURITY SERVICES 3,360.00 94248 PRUDENTIAL OVERALL SUPPLY 172.08 94249 QUAID TEMECULA HARLEY DAVIDSON 834.24 94250 QUICK CRETE PRODUCTS CORP. ---- 2,295.08 -- 94251 QUILL CORPORATION 146.25 94252 GABRIEL RAMOS 500.00 94253 RBF CONSULTING 17,105.79 94254 REGIONAL CONSERVATION AUTHORITY 60,341.13 94255 RIGHTWAY SITE SERVICES, INC. 505.66 94256 RIVERSIDE COUNTY FIRE DEPARTMENT - - - 458,072.54 94257 RIVERSIDE COUNTY SHERIFF, ACCOUNTING & FINANCE ----- 1,242,865.39 94258 COUNTY OF RIVERSIDE, OFFICE OF THE AUDITOR CONTROLLER 2,100.00 94259 COUNTY OF RIVERSIDE, STANLEY SNIFF, SHERIFF -- 159.15 94260 ROBBINS PEST MANAGEMENT, INC. 350.00 __ 94261 ANTHONY ROMERO 400.00 94262 SADDLEBACK MATERIALS COMPANY, INC. 855.20 - 94263 SANTA ANA REGIONAL WATER QUALITY B__O_ARD ---- - 4,500.00 94264 SC ENGINEERING 10,094.00 94265 DAVID S. SOLOMON -- - __ -__ 3,277.50 94266 SONICWALL, INC. --_ 845.00 94267 __ SOUTHEAST CONSTRUCTION PRODUCTS 50.00 94268-94273 SOUTHERN CALIFORNIA_E_DISON CO. -- 45,828.35 94274 SPRINT 158.90 94275-94276 STAPLES BUSINESS ADVANTAGE _ 2,217.57 -- 94277 STAUFFER'S LAWN EQUIPMENT 45.89 94278 STKARCHITECTURE, INC. 7,938.82 94279 SUN SOLUTIONS GLASS TINTING 950.00 94280 TEAM AUTOAID, INC. _ 324.55 94281 THE HOME DEPOT 500.00 94282 UNION BANK OF CALIFORNIA ---- - 10,270.07 94283 UNITED PARCEL SERVICE -- __ - 190.56 - 94284 VENUS PRINTING 432.80 94285 VERIZON CALIFORNIA, INC. 926.32 94286 VERIZON ONLINE 159.95 94287 VILLAGE EQUIPMENT RENTALS, INC. -- _ 550.00 94288 -_ TOINI VUORI _.. 36.09 94289 WAL-MART COMMUNITY 112.15 94290 WESTERN RIVERSIDE CO_UN_CIL OF GOVERNMENTS 25,678.00 94291 WENDY WORTHEY 6,225.00 94292 Z BEST BODY & PAINT SHOPS, INC. - 2,129.93 __ ._ 94293 ZEE MEDICAL, INC. 183.03 TOTAL $ 2,833,026.65 P/E DATE: 02/21/08 PAYROLL CASH $ 154,340.82 02/21/08 PAYROLL TAXES 60,520.16_ ----- 02/21/08 CALIFORNIA P.E.R.S. 51,631.50 3/4/2008 Warrant 022808 3 OF 4 Agenda Item No. 2 Page 5 of 6 ~~~~.~A~Y a~, ~oo~ ~~`~'~ ~lF ]L ~~~~N~~ w~~a~aANT ~.~sT CHECK# VENDOR NAME AMOP7NT 02/29/08 CALIFORNIA P.E.R.S. 4,355.58 02/29/08 CALIFORNIA P.E.R. S. 103,642.93 GRAND TOTAL $ 3,207,517.64 3/4/2008 Warrant 022808 a of a Agenda Item No. 2 Page 6 of 6 CITY OF LADE DREAM EICTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: BID AWARD FOR PURCHASE OF INDUSTRIAL STRENGTH ALUMINUM FENCING Background Phase Two implementation of the Shoreline Safety Plan primarily consists of channeling visitors to controlled access points to communicate important safety information posted at these specified locations. Staff completed such improvements to the Elm Grove Beach area and now plans to extend these improvements to the beach south of the Seaport Boat Launch. Staff intends to reduce access to approximately 400 linear feet of beach to only two access points utilizing a combination of decorative tubular aluminum fencing, landscape planter and construction of concrete pedestrian walkways to the beach. Discussion Staff prepared specifications for the purchase of decorative aluminum fencing and published a notice inviting bids in mid February. On February 28, 2008, the City Clerk publicly opened and read sealed bids. The following three bids were received. • Fences4Less, Inc., in the amount of ... $17,255.60 ^ Discount Fence Supply, Inc., in the amount of... $17,373.56 Econo Fence, Inc. in the amount of ... $26,596.00 Fiscal Impact Approval of this item will result in the expenditure of $17,255.60. This expenditure has been budgeted under CIP No. 4269 Shoreline Safety Plan. Agenda Item No. 3 Page 1 of 6 Bid Award Aluminum Fencing March 11, 2008 Page 2 Recommendation Award bid to Fences4Less, Inc., for the purchase of specified aluminum fencing in the amount of $17,255.60. Prepared by: Pat Kilroy `1< Director of Lake and Aquatic Resources Approved by: Robert A. Brady ~1 n~ City Manager ~[~ Agenda Item No. 3 Page 2 of 6 City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 9?530 PROPOSAL FORM Project No. 4269 INI?USTRIAL STI2ENGTII ALUMINUM FENDING Name of Bidder t~[~_C~5~G~5S, //LCD Address of Bidder ~ O•~X 20(oS U~ ~T~ C~ - a0~' ~ (~-tFlIUaCG~ 3l z9 o M,4,.tz~ul rQ cess 13~a~ r}~-cal - z~ ~A ,gao~~~(f+~sccPrC~ TO: City of La1fie Elsinore; California ~ Unit hxtended` Item Descri lion Quantit Price Price - andustrial )yence Seotion: Jerith St 'le #?07, B1ack Color (48"H x 72"L) 122 $ G~,CnS $ ({~ 91(Q, ~(~, Line Pasts-(2-1/2" s : x 82"L; Bllc Color) ' 9~ , $ 2~,-~ ~ $ End Posts (2-1/2" s x 82"L, 731k Color)'. 11 $~~, ~'' $ '' S. ~` Corner Posts (2-1/2''s . x $2"L, BlkColor) 8 $2?.~l0 $ 2x2, $lanlc Posts (2 112>' s . x 82„L, Blk Color) 6 $ 23 - ~~ $ '-1 ~/1 • ld Wall Mauni Brackets 12 r' $ ! . (o $ `z(, I :Post BallCa~s(casCahunmum;BlkColar) 716 $ (p•l ' $ , C (~ 7?ouble.Swing Gate(s): a Matching Fence Style #202 •48"13x16-feet L, Black Color 1 ! $~ ~~,~,~~ $ f!/~~,72:° Gate Posts',(d,'sq. x 7'H, Black`Color) 2 '' $ /, (ob $ '°/2 0 ~D Ball C'd S for ~" Gate Pasts 2 $ ~;"~D $ s j~. Subtotal = $ I~ 2<5- . (d1 Freight (FOB City of Lake Elsinore) _ $ `', .~-. TOTAL Dehe•ered Cost = $ / j ~,5, (ob The undersigned bidder, in accordance wtth the City's Nottce Inviting Bids, hereby proposes to furnish the specified goods required for the above stated project:as set fotth in the Specifications and Plans,in accordance with Qta delivery period prescribed therein. TISe undersigned bidder declares that this Proposal is based upon careful examination of the specificattoris, plans, notice inviting bids and instructions to bidders. if this Prapos~l is accepted far award, bidder agrees to enterinto an agcameut ruith the City arthe unit prices set forth inane proposal form. The undersigned brddei certifies that this proposal is trade in goad faith, without collusion or cannecLOn with any other persons or persons biddingon the work. The undersigned bidder understands Chat the City Council`reserves the righC to accept or reject any'or all proposals or to waive formality or technicality in,any proposal in the intecest of'the City. Respectfully submitted; Date: ~E73KUA,2~ l~~ ~8` Telephone Number: ~lo~'~~ ~- ~~9 Legal Name of Firm Signature o~fIte--gt~~es'e»-tative 7- Agenda Item No. 3 Page 3. of 6 ~sinolZE Industrial Fence Specifications: ~>nF^~~ Ex,^EM~ Section 02830 -Ornamental Fences and Gates Part 1 SCOPE: This specification covers Industrial Strength Aluminum Ornamental Fence as manufactured by Jerith Manufacturing Co., Inc., including sections, posts, gates, and accessories. Part 2 PRODUCTS: 2.01 Manufacturer: 1. Humidity resistance of 3,000 hours using ASTM. D2247. 2. Salt-spray resistance of 3,000 hours using ASTM B 117 3. Outdoor weathering shall show no adhesion loss, checking or crazing, with only slight fade and chalk when exposed for 5 years in Florida facing south at a 45 degree angle. Finishes which only meet AAMA 2603 (or the previous version -AAMA 603) are not acceptable. The fencing system shalt be Industrial Strength Aluminum Ornamental Fence as manufacmred by Jerith Manufacturing Co., Inc., 14400 McNulty Road, Philadelphia, PA 19154. (Telephone: 800-344-2242; Fax: 215-676-9756; email: sales(alierith.com.). The fence shall be Jerith Style #202 with a picket length of 4 feet. The color of the fence system shall be Black. 2.02 Materials: A. Aluminum Extrusions: All posts and rails used in the fence system shall be extruded from HS-35TM aluminum alloy having a minimum yield strength of 35,000 psi. All pickets shall have a minimum yield strength of 25,000 psi. 6063-TS Alloy is not acceptable for any components. B. Fasteners: All fasteners shall be stainless steel. Square drive screws shall be used to connect the pickets to the horizontal rails. Rail to post connections shalt be made using self-drilling hex-head screws. C. Accessories: Aluminum sand and die castings shall be used for all scrolls, post caps, finials, and miscellaneous hardware. Die castings shall be made from Alloy 360.0 for superior corrosion resistance. Alloy 380.0 is not acceptable. 2.03 Finish: A. Pretreatment: A three stage non-chrome pretreatment shall be applied. The first step shall be a chemical cleaning, followed by a water rinse. The final stage shalt be a dry-in-place activator which produces a uniform chemical conversion coating for superior adhesion. B. Coating: Fence materials shall be coated with FencCoatTM, aSuper-Durable TGIC polyester powder- coat finish system applied by Jerith Manufacturing Company. Epoxy powder coatings, baked enamel or acrylic paint finishes are not acceptable. The FencCoat finish shall have a cured film thickness of at least 2.0 mils. In addition, the screw heads shall be painted to match the color of the fence. C. Tests: The cured FencCoat finish shall meet AAMA 2604 "Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels", which includes the following requirements: 2.04 Construction: A. Horizontal rails shall be 1-5/8" channels formed in a modified "IJ" shape. Pickets shall pass through holes punched in the top of the rail. The top wall shall be .070" thick and the side walls .100" thick for superior vertical load strength. There shall be 3 horizontal rails in each section. B. Pickets shall be fastened to the rails using painted stainless steel screws. Screws shad be used on only one side of the rail, leaving the other side with a clean appearance. Pickets shall be 1" square and have a wall thickness of .062". Welding the pickets to the rails is not permitted. C. Posts shall be 2%z" square extrusions with pre-punched holes which allow the fence section rails to slide in. Posts shall be spaced 71 %z" on center and have .075" walls. Gate posts shall be 4" square with .125" walls and used on both sides of a gate. Die cast aluminum caps shall be provided with all posts. D. Cantilever slide gates shall be fabricated according to manufacturer's standard methods. Swing gates shalt have welded frames and shall support a 300 Ib. vertical load on the latch side of the gate without collapsing. Walk gates shall beself-closing and self-latching. E. Assembled sections shall support a 1,000 Ib. vertical load at the midpoint of any horizontal rail. F. The manufacturer's logo shall appear on all post caps, gates, and horizontal rails of the fencing system. 2.05 Warranty: The entire Fence system shall have a written Limited Lifetime Warranty against rust and defects in workmanship and materials. In addition, the FencCoat finish shall be warranted not to crack, chip, peel, or blister for the same period. 1992 - 2005 Jerith Manufacturing Co,. Inc. Jerith, FencCoat, and HS-35 are all trademarks of Jerith Manufacturing Co., Inc. -4- Agenda Item No. 3 Page 4 of 6 City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 SPECIFICATIONS FOR PROJECT N0.4269 INDUSTRIAL STRENGTH ALUMINUM FENCING Bid Opening: Thursday, February 28`", 2008 at 2:00 P.M. Materials: The Fencing System shall meet or exceed the Industrial Strength Aluminum Ornamental Fence as manufactured by 7erith Manufacturing Company, Philadelphia, PA. Delivery: FOB City of Lake Elsinore within 30 DAYS after receipt of order. ^ Delivery Address: 521 N. Langstaff Street, Lake Elsinore, CA 92530 Terms: NET 30 DAYS ^ Billing Address: 130 S. Main Street, Lake Elsinore, CA 92530 Component Sizes Aluminum Fencing Jerith Industrial Fence Style #202 Height 48" Length of Fence Panel 72" Color Black Pickets 1" sq. x .062" thick Rails: Top Walls Side Walls 1 5/8 " x .070" thick 1 5/8 " x .100" thick Spacing Between Pickets 4" Posts (82" Long) 82"L x 2 1/2 " sq. x .075" thick Post Spacing 71 1/2" on center Ball Cap on each Post Cast Aluminum Black Color Weight Supported 1,000+ lbs. per section CITY Of LA~~LSI~IZE `~ uxenn, emwnM~. City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 PLANS & SPECIFICATIONS PROJECT N0.4269 INDUSTRIAL STRENGTH ALUMINUM FENCING D m a cQ ~ ~ Z O O ~• ~ W 82" ~~_: <: tAas~ustigxmr r~J~., 7-t~x, FhIICQetrLxi rq 7ff6~4 (8:d}3ti3-222 S'~Dt.'~'Y'kh~S FEhc~1u S'1'k1„E k20? eb' rll~lcrll'1' 32-3/8" '`~~~ '-~sa>r ~r~<n..~rxsr~~t~~+~rrtcre~r .~ l ~..7 tJ>ts'"Try ¢[ SL*L6 F. ~'1~t2.YL \XI! ~~W{ nT41Ab '~yf U`P111~J~ icy. -5- CITY OF ~,~~ LAKE ~LSIlYOR,E ~ ~ DREAM EjiCTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: AMENDMENT TO EXTEND AGREEMENT AND EXTRA WORK CHARGES FOR ENGINEERING SERVICES FOR THE BOAT LAUNCH FACILITY IMPROVEMENTS PROJECT Background In April 2005, the City Council awarded a Professional Services Agreement to Noble Consultants Inc. (NCI) for Engineering and Project Management Services for the Boat Launch Facility Improvements Project, in the amount of $631,738. In August 2007, the City Council approved $90,000 for extra work charges (see attachment); therefore, the revised total compensation equals $721,738. The expenditures to date are approximately $552,000. The term of the Agreement was for twenty-four (24) months and has expired. However, all the work has not been completed, primarily the Project Management Services during construction. Discussion Noble Consultants Inc.'s original estimate to perform Project Management/Inspection Services during construction was $219,500. The current unencumbered balance under this agreement is approximately $169,738. City Staff requests an increase in total compensation to Noble Consultants Inc. for incurred extra work charges in the amount of $50,000 plus an additional $20,000 for unanticipated future engineering costs. The extra work performed by NCI was requested by City Staff for the following tasks. 1) Estimate cut and fill volumes pertaining to meeting special conditions in response to Riverside County Flood Control District questions on Initial Study. 2) Review of rock quality, quantities and analyze cost savings to deliver rock supplied by Chief Engineering Company to Boat Launch site in lieu of quarry purchased and delivered rock per project plans. 3) Review, assess and prepare responses pertaining to HDR's air quality assumptions and analysis of impacts regarding construction emissions to meet SCAQMD's air quality standards. Agenda Item No. 4 Page 1 of 14 Amendment To Extend Agreement March 11, 2008 Page 2 4) Modify 100% drawings to incorporate requested safety and navigational piles along approach channel, and add safety groins to intercept wayward waders. 5) Interaction with City, RBF & Destination RV Resorts regarding location of sanitation lift station and connections for Boat Launch Facility restroom. 6) Modifications to 100% design and drawings to accommodate recent water conservation request to satisfy local Water District to use Zero Water Urinals by using commercial high efficiency toilets. 7) Discussions with City, Destination RV Resorts, Erie &RBF regarding interface between Boat Facility layout and Destination RV Resorts layout, as well as required modifications to plans. 8) Provide ten complete sets of plan drawings to the City's Planning Department. 9) Redo drainage design and 100% drawings for parking, site runoff and drainage to incorporate underground piping and riprap discharge channels in order to address DBAW comments per City direction. The majority of extra work charges (60%) were related to a substantial redesign of the drainage plans in response to comments received on the 100% Plan Drawings by the California Department of Boating and Waterways, the need for improved stormwater treatment and Staff's desire to integrate future expansion of the marina. Substantial changes requested after the 100% submittal of plans and specifications are not covered under the original Professional Services Agreement. Fiscal Impact By approving the extra work charges in the amount of $70,000, the revised total compensation for engineering and project management services by NCI equals $791,738. The amount of grant funding reimbursable for engineering services by DBAW's grant equals $335,000; therefore, the City's share of the engineering and project management services equals $456,738. This portion of the project is budgeted in the City's 2007-2008 Capital Improvement Program (Project ID No. LKE-0002) and the overage would be funded by Fund 118 -Lake Side Facilities (Acct. No. 118-0000- 463-20-20). The balance available in the Lake Side Facilities Fund is $352,635 as of January 31, 2008, which is sufficient to cover the $70,000 increase to this project. Recommendations 1. Approve and authorize the City Manager to execute the attached First Amendment to Agreement for Professional Services. 2. Approve extra work charges with Noble Consultants Inc. in the amount $70,000 including the budget adjustment to account 118-0000-463-20-20. Prepared by: Pat Kilroy Director, Lake & Aquatic Resources Department Approved by: Robert A. Brady City Manager Agenda Item No. 4 Page 2 of 14 FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This First Amendment to the Agreement for Professional Services (this Amendment) is made and entered into as of the _day of 2008, by and between the City of Lake Elsinore, a municipal corporation (the "City") and Noble Consultants, Inc., a Civil Engineering Firm licensed by the State of California (the "Consultant"). RECITALS A. City and Consultant have previously entered into that certain Agreement for Professional Services, dated as of April 2005 (the "Agreement"). B. Consultant has demonstrated that it possesses the skill, experience, ability, background, certification and knowledge to provide the services described in the Agreement. NOW, THEREFORE, the parties amend the Section 2 of the Agreement as follows: Time of Performance. The services of Consultant shall continue until June 30, 2009. Each individual signing below represents and warrants that he/she has the authority to execute this Amendment on behalf of and bind the party he/she purports to represent. IN WITNESS WHEREOF, the parties have caused this Amendment to the Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: City Manager Name Title APPROVED AS TO FORM ATTEST City Attorney City Clerk Agenda Item No. 4 Page 3 of 14 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL t''iI ~ nJS FROM: ROBERT A. BRADY, CITY MANAGER ~ ~(l G~iU DATE: AUGUST 14, 2007 SUBJECT: EXTRA WORK CHARGES FOR ENGINEERING DESIGN SERVICES FOR BOAT LAUNCH FACILITY REHABILYT.ATION PROJECT BACKGROUND In Apri12005 the City Council awarded a Professional Services Agreement to Noble Consultants Inc. (NCI) for Engineering Design Services ($412,227) and Project Management Services ($219,511) for the total sum of $631,738. At that time the total project cost was estimated at $5,438,600 (Construction, Engineering, Project Management & Contingency = $5,213,600; plus Environmental = $225,000). Upon NCI's completion of the 50% Plans submitted to the City in February 2006, the estimated constnuction costs substantially increased to $7,005,000. The non- construction costs were $1,556,000 (engineering, project management, environmental and 10% contingency) for a total estimated project cost equal to $8,561,000. Due to the substantial increase in the estimated cost of the project by about $3,000,000; City Staff formally applied for supplemental grant funding in April 2006 from the Department of Boating & Waterways, but was denied. DISCUSSION On July 6, 2006 a meeting was held in Sacramento with the California Department of Boating & Waterways (DRAW), Noble Consultants Inc. and City Staff. As a result of that meeting, DBAWrecommended a re-engineering assessment as a possible solution to lower the construction costs for the Boat Launch Facility. Subsequently, Noble Consultants Inc. performed an assessment to move the boat ramp landward to reduce Agenda Item No. 4 Page 4 of 14 REPORT TO CITY COUNCIL AUGUST 14, 2007 PAGE#2 the amount of fill material and pavement required. This assessment resulted in a savings of $727,000 by reducing the estimated construction costs to $6,278,000. This re-engineering solution was not included in NCI's original scope of services. A number of other necessary, but unanticipated extra work charges were incurred in completing the engineering design for the Boat Launch Facility as detailed in NCI's attached letter dated July 18, 2007. NCI submitted 90% Plans and Specifications on May 15~' and the 100% Plans & Specs on July 17~', 2007 for review and approval by the City and DBAW Staff. Shortly after completing the 90% submittal it became apparent that NCI's Engineering Design services would exceed the budget of $412,227 by approximately $90,000. PROJECT STATUS -NCI was scheduled to complete the Public Bid Documents and advertise the Public Bid within 60-days following the 100% submittal. However, due to the recent identification of an alternative source of fill material for the project, the CEQA and permitting will determine the project schedule. The WatersEdge Management Team identified dry fill material on City property in the Back-basin that is within the 100-Year Flood Plain and of sufficient volume to serve both projects. NCI estimates the City can save $1,000,000 if this dry fill material is used versus dredging the lake bottom. An Initial Study and Mitigated Negative Declaration (MND) have been completed and made available for public review. Comments are due by September 4, 2007. Following the public review, the MND will be brought forward to seek City Council's approval. Concurrently, the City's environmental consultant on the project, HDR Inc., will file for permits from the resource agencies. Under the alternative borrow site scenario, the project can be constructed 215 days following the bid award or approximately October 2008. If dredging for all the fill material is necessary, then the project will require an additional six (6) months or Apri12009. FISCAL IMPACT The extra work charges for engineering design services to complete the 100% Plans & Specifications is equal to $90,000. The revised total cost for engineering by NCI equals $502,227. Even with the cost increase the engineering fees are within the Department of Boating and Waterway's standard fee schedule for engineering, which is less than 12% of construction costs. The amount of grant funding reimbursable for Agenda Item No. 4 Page 5 of 14 REPORT TO CITY COUNCIL AUGUST 14, 2007 PAGE # 3 engineering by DBAW's grant equals $335,000; therefore the City's share of the engineering costs equals $167,227. This portion of the project is budgeted in the City's 2007-2008 Capital Improvement Program (Project ID No. LKE-0002) and the overage would be funded by an additional transfer (Acct. No. 100-4999-499-90-98) from the General Fund Unallocated Revenue. The balance of unallocated revenue is $2,567,500, which is sufficient to provide for this project. RECOMMENDATION Approve extra work charges for engineering design services in the amount $90,000 and approve $90,000 budget transfer from the General Fund to the Miscellaneous General Projects Fund. PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department APPROVED FOR AGENDA BY: MANAGER'S Agenda Item No. 4 Page 6 of 14 .. ;,, ` - ~ - . .~: axul d.'21 two d-3reep3ori~:~return 'lams. This array make:' finding an open<staSl troublesome if one row is full forc~ng a return to tl~e entry: Run a basic traffic flow pattern on the - ~~ ~ _~~~ ~ ~,u'/~'" p7.an tq ensure effi.g_ent Parkin4 _ ~ i:low. ~~~~ :(~ fj~/~"sZB ~ 3„.THe lazge as' Halt parking surface twill create ~arg® volti?mgs of runof< ~~~~~~~~~ ~ water: A sto~mwa~ter management 0 das~gr i~ recTuared that conveys,. detains„ trews,, and discharges ~~L'-r. surface watesrunoff ..', the daschar23e ' headwalls allgw water ca run dgwn the embaxikment s,loges and will . create e~as~.osr s~.lies and lake turbidity. The runoff must disekrarge diY~ctly to the lake Ltsing a conveyance dips ox channel.' 4, fikie parki'clg a~'aa ?.ricludes valley yut.ters, alms _gradiTSg'. will be. di£ficulC andscostly comparedto sheetfl ow drainage tea. perimeter ' drauAs. T recommend Perimeter drams . 5. Zhe yracling pJ,an on Sheet C2.1 Has hard,ta interpret angslar contour 1,~nes~.: Ldbel:the con~ovr iLres and 4arre<~t the 11:nework.:: 6, The gzadi~?g Contour lines iorthe parking lot are in tenths whreY: is confusing. C7ti-ly use .tenths foz , decaia work, 7. 't'hc grading plan has too manyfinis~h : grade:..pq'xnts 4n it in<.tables -to lac , ~effeCt ive_ Reduce the finish`srade paints to a rt~nageab3e number.; 4. SeZVice area with 6 pmplbye~ aklYl 1. This i.s sHO~ri`on plans. E'okEUtt~k7,c3 tlAls item fox ~ AT~A a13Pxotral. : parkins , spat ~S 1_ The french drain aZ the top Qf the ramp appears 'tcs only redirect runoff to -. an. outP.~Tl at the cosnerof the gazki'Ya,g , lot. i3nless .it is heinscaptured for 5. Launch treatment why noT el.imi-Hate the drain , Ramp ApYbn and let :the runoff travel down t'he ramp )o: not "EZOCOmmend tHis , >.and staging to the lake. xx~m for approval. Araa The trench clra.in is placed right in tHc .[riiddle- o£ th.~ uertr~. curve -which will'~malce eonstsuc~ihy .a smooth'.. curve ' $e ~ dif~ficul~. G . FOllr' zznit , farrier F'rae 1. Amain utility plan sho~ingwater no not Recomitte25,c1 this Restropm sewer, and e.leetrical c.oi~ections'to item .for apprbszal.. ' guildiing sezvice'smust beislrown_ ;The note to Wage 3 of 4 Agenda Item No. 4 Page 7 of 14 WRX TINE sF£ SHEEI C]3 ®CUPB I1 (CONI ®BECIN PCC OIWWLE ORCN- Pcc oemoxux ro lov cPwxxL oPax rt ~- m v ~ I r ~ O oZ ly A -P ® CUPB a, ttP. cope ~- ~ ~~ e ®12 ro IP ~ n .? o ,y u ~ ° y - ~ ~p¢ L'r ` G'~ a ~~`6 '1R O'0 _ C%`J 4~ ° Gs ~°i ~D PM 9 a ° e a B ~~ ~ u e °~ a C'•:2 c a ` i Y ° ~: CUPB ] n c]a ~~Piro n.l 'E'~ as ro c]a . ® curnn 1 \ ®UiLN GSW 2 CURB ] ~ ®GTW d51H 1 ®~ G.5 ro W.I ®Pr c].1 C ~\ PICNIC AREA CURB & DRAINAGE PLAN ro as CJ. 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II a s1s' PLAHIFR NRX IiI I TWE WRB c¢rtEVw ox _ g.^.i ®. PµRIN6 S!/L, SWIPE ~'I ~ I J REO'O AT T1E LOGTONS SXGNN PAYEMEM SWN£ d I'i i ~ n~ {l.P.) /~ ' i- rn~ ~ p-y GTCH CISIH B-~ I ' a n n '1 1, u u _ u III I SA W n xnlP U j'I ~ I NHHIEX M'D IXSIALL EXD PCC DP.VH1LE I mF 1'x4' XJN OERCIIBLE OHpI/BEGIN DPAVEL 'I. I H^ WMNINC $fHIP Ox FlLiFA CWNNIl I'I I ~ ~ ~ $IDEWPIK AT G cwsrWrix slulun TD srn: ]+w k worm DP Rrmsyce Oi55ET: 18.12 L '1 I'~ ~~F ®GURB 11 (COM.) yTµp/M HO. ADS. o SEE SH¢7 CB.I PoH 'I ~CI'y wGTONS I IiI ~I II ' i- QN PoflOXNIE flFFFAS i0 MIOIX£ OF GTCH - ' ' ^ j, BASIH µGYE NpB OPEHIH6 ON NRp (ACE PCC DPNHY.E ~ ' i O DRCx II I I I ^ GTCH . 'c+A ~^ eulx T $IOEWA3% ~ I ox-GIUDE+1H' no I c1IN ~~~ TD CURB RWP 'I, p I I .. -r -- wicx uxE sEE sxEEr ra3 : _ - PARKING LOT DETAILED GRADING PLAN a SLUE: r . Jo• MARK REVISIONS APPR. DATE ~ ~~^~ .Dx mE m Px lurs ~~ exw ~~.~ µoNn vrv.wD sxx[ °rcccwn m: ,xA1/PMN !wPwD m qMN xw n avuXa a^s n1 wrz o. Agenda Item No. 4 Page 9 of 14 EwrnNG cRwoE (,n D~E11 PgOFlIE -VTL~ ~. up .. PM GSEUxE VE i PIAN o ®i x Nf.q Rely =Sry Ir A°PRJX. FINISXED GRME MppGX FlNISNED GRWE TCC GRX R:SIN 1-, WSJ r-iOC GTCN 8651H 2 10C GTCN PASIN 3~ 12W 1~ - y ... Tf 6,2 IF 16 flC -2 l ~ _ T} _ _ - ~I-LEJ.6 qO ' bo-~~~ i 5__ 5 01 r T ~ 55 11 IP I6 r . S .a. .~ ~ IERAL IA PND IB _ ~I,_,W LATEPgL 1C Q 'SYSD SxC f-M041'-5M ~ ~ REVISIONS APPR DAT TM~ ^"'" «WL 6L6 ~ ~ . E w° ~.~ ~ . H ~WL B Ew ~ Q s~ lwq IrcL OZ ~ '.yq Q ~ ~ G .~ tl • er_si_E.. irn~_. O tn~ ~$ $~ FIWSNED CRLDE ^ ~ f RhEfl510E0 UNIY FL000SCO I C pL 9 3 ^~ MNpL µO WATFg N ERVAnp1 OISIRICY$ (PLFCNCO) 5(µpyi - un¢ t'i - D DMWING NO. MX261. L~1 FEEF H ~ 4 FEEF LAIUS! Y A5 FOLLOµ$ TO sEi .., . . PoM ~~ ":. -. - .~~. _ _ E.. a - MX2 M~].56 Fi " - - " ~ -: - ~ _ - ~ te 2 GTCX BASIN9 CB 1, CB2, CBI, ANO CB4 sIW1 BE • `. is `. ~ r" ~.~1255 , LO ~UCRON E W G CBIEO. W ] iFEI CONSIflVCt U9E C Lq'K - <' `~ " " . DEPPE59pN N0. 2 AT FACX GTLH H451N PFA gCFCWCp ' " ., ~ ..:. . . k: - STiNPViO OP.4 MHp XO: L-201 EXCEP! AT W 2 WW[X SHALL BE GSE B. - ~~~ - N"' ~ ]. CONHEC! UIERA{$ TO GICH USIHS IN COHFOPWHLE WITI 1250 RCFLWW SlµppRO gUMN4 ND. CB109. - - - - 4. MJVST {1XISNE9 CPI-E FlAW HN6 A5 pEOVIRED i0 OMIN - - e _ i0 GTCN flISIHS. ~.. - - 5. NL PIPE BE901NG SH4l BE CU99 B, LOPD FPLNq 1.9 PFR ~ OEFNL 0 OF sNEE! CJ.fi. _ _ _ ~ s ~~ ~"~ ~~ "~ . _- ~ ~"~ ~ T -- a 12u ~ -K.C - b. REINFDPCEO LWICPER PIPE (RCP) SHAL CONNRM t0 ME - ~ ,. , REWIREMEH(SOFSECIIOH2O]- z of rNE srrrvDano spFSlFxwnogs. %PE sXUL eE 20000. ]. sC 1 SiOgM WATEP TRFATMEM VNR sIW1 BE SIORMCEpR1P _ ,,,, - - 9M µ MPNUFACNgEp BY RINKER MARReLS CgNCREIE PIPE - _ _ 1 OMSION. FABPIUTE IND INSIPLL IN COHFOPAVHCE WqH "_,~( g p ' - - - ' MANVfKIVREq'S WRXTEN gPECNONS. PPION TO FµRIUTION _ `' ~ " •1240 OF STORMLEpNq sUBMIi pEiNLEO SHOP pMWINC i0 ENGINEER y - ` - m. + - /'~ r x ~ FOR MPRMOL pgEC45t WI}H 9VRICIEM WF]6NT BLLlA4T fOR OESICH RLOD LEVEL OG 1256. ]XW 4iW 64W fi4C0 6, pgIOP N pEPFDgMIND µY PIPE WOPH Pl1 SITE FlLL SIWL BE PUCO µ0 LWMPACIEO µD 1NE SRE CIXAOUGIE-. 9. sVPPORi NL GTCN GSINS µ0 MW110L6 ON 6' MIN OF BE001NC AUiEPW. I CB 3 L IC MH E ~ l 10 [~ -'1 IIT T 4 ~ 1gENCN DR4® O UlEW3. 1F µp IL. RN TO WVRSE R L R0 ~0 e c . - 6~ P I I l f e A MX1 Po,W vu m 0458.59 826.OB]9.9'E ... _ 1255 1250 24' PCP OlrtF031 H R190W6.6] ~~~ E 6220190.Y9 Flo W gsg6~l HFIDWNL pNO® MN1 CQ.M I 5 4]. CHECK VALVE MN1 B.W.W W2 XgB'1gS5. APPflOX HNISHEO GPME~ - R1C GTCN GSIN •~ n Cpl ^.TEFNL101 4M~ ~-upp ~..1'0f M [mmµ mA m' PH JIM/PNH m quo m: PNN q- $fORM IIRUU.~F fnN~l_ E 1. DEWATEq /5 gEWIREO i0 INSTALL NL GTCH H451N5, MVYNOIES, µ0 %PE. 2 ALL PIPE i0 PIPE MIMS, %PE i0 GTW G51X CONNECTIONS. A40 PIPE i0 MANHOLE CONHECIIONS sNIl1 BE 1255 WATER nGMi. I. HiCI(i1LL G1CX PA91N5 µ0 HWXOLII IX ACCOPDWCE'M1X SECTION ]Oe-1.J.6 OF nlE STµOMp IDECM1IGPCHS, 1250 C3.3 ' OF LPHE ELSINORE gXTr 1•Z Wucx 6c6m Wm. Elp119 STORM DRAIN 6F b~ DETAIL ru x. aos.oE ~.l.~..., 731-13 Q l1NE 2 PflOFlLE 41Vr sxC f-ID'0$f-SM iW G]CH 8151N 3 OF LVgB { 24Ltu=1l : ux2lf I - ~ : .. . .~ ..a .RCp .L. t3WW S DA22 1'pWp_ ._. SN,D,10 3 il2A VM 3B r . m ~ Q mqq ~ ~ VISIONS ~ O ~• ~ ~ AFPFO%. pN191FD i fIN15XEJ LPME TW G]CN fl451H 6 TOL GTCH BitlN 16.08 I( ,B- RCP 2W00 ~vT~l... /c\ ~TERAL2C1 °~W '-MOk •-YM IPPROY fIN15HE0 E iW G]CX BASIN ] 18.}6 13' 1/8b-FRCP 30000 51, OQ]6v~~ IyIVr cueTEPAL/b\ NEPAL 2O-ITII~ - I~V~ m'Dp '-]M PX 1360 Ilk 1250 INS 1840 P 20000 ® [~(~ 9B~ W $iDRU M xp}Fe 1. µMM01E CONS(RVLIIOH SXVL SE IX CONORMANCE WIM PRTAAOE WUNIY FL000 CMTROL M'0 WA]ER CONSEMAPOH OIS11dR'S (PCFCWCD) SiA4DM0 OMWINC NO. MX261. LM fEEi. X ~ 1 FER. IAIUR 4 AS FOLLONS i0 SEi PIM EINA]IOx: MXS M=1.11 fT MH 6 M ~ L00 FT MX ] IAS Fi MXB M~2.0]R 2. GR'H R451N5 LR ]. CD 6. CB B, M'D CD 9 SH4L BE COHSiRVCLKW IN COXFJRM.WCE MM flCFCNED SIM'pWD DGMNC H0. CSIW. WSJ FER. WNSIRUR CISE C LOCk OEPPF55gN ND. R AT GCN G]CH GSIN pFR PLFLWCO RIHpMD DFAWING N0. LD2D1. 3. GTCX R651N LR ] 5X.111 BE MOgR9 CURBSIDE OMTNC GTCX 865M IX WNid2MM'CE'MfX AWPA RLN6Wp ORIWING NJ. ]OS-2. W ~ 6.1 FFEi CMTNC $IUIL FP'i PLEDERRVHXNID BICYLLERVSWE 54FVP ]O GLTP NS STAXDNIO OPAWINO NO. D]IB. CONSTPUR GSE L LOGL OF-PESSIW N0. ] PEq PCiCWCO STAN GRL pGMXG XO. L0202. A. CONNER GIEPAf$ TO GTCN GSINS IX WHNPNPNW WIIN RCFCALD SiA40MD pMWIN4 NO. LD109, 5. ADIJSi %NISHEO GRPDE ilOW UNES AS flEOWREO i0 OFNN TO UTCN p0.51N5. 6. /11 PIPf BEDDING SHV1 BE LNSS p, LOI- FACIOR 1.9 PEfl ORNL 0 OF SNEEi C].e. ]. RDNNPCFD fAHCflE2 PIPE (RCP) A4lL CONFOPM i0 1XE REOVWEMENR OF $ECTOH 2OJ-2 OF ME SiANDPAO $PECIFlGTONS. %PE SHW, RE 2DLV0 PER ASM Cfi55. 8. $C 2 SNPM WA1EP 1gGTMENi VNO $IMLL BE $IgtMLEPiOR DCO A5 MPNUFMIVPED BY RMXFA MATEgWS WNWEIE PIPE CMSION. FABRIG2 AXD MSiOLL W CONFORMANCE WPN MLNUFACNPEP'8 WRIiIEII pIRELIILNS. PRpR i0 fABgIGMIN OF SIOPHEFpIOR SVBMP OEINIFp SHOP DPAWING i0 ENCINEE0. FOR I-pflWAL PREGSi WPH $UFFICIFM WEIGM PPLIST FOR OE94N 8000 LEVEL OF 1268. 9. PMOP LO PEAFOgMINL AYY PIPE WDPX, Ill SNE FILL 8X41 BE PVLEO N10 LOMPAREO AVD TIE BRE CONSOLMIEp. CONROL Fn H (e 1 6~R _ PY GR- i0X 920]fiG ~D MH Drp3.ty MH6 M]P.P2 Na .'E M pri6.D3 MXi 2~BD.5) 9']6]83'E H 21508]1.4{ MNi 2r W.6) MXB X<9'2B]03'E E6220082.16 MNe rB6.9 SC2 ]9 N<B'2B]6.3'E SC2 3Mf.i10UlF < 605•IB]I.TE CONfflOL FOP SNRM DPIIH FRJM TO WURSE 502 GlElW$ Mu' DrWW W] S1C'.NmA APPiro[. i1M5Nm CFJDE~ ~ P ~a~ i06 G]CH BASIN 9~ ~:¢ G]CN fl151N NO 9 I.f TOP Ci CUflB 1285 8 _ t V 6 1 1255 I NYW! O CB 1250.8 ""' ._..'.~....~ ! ....... ':-- ......F.... IM'FM O MN 124&]6 ........ ..' ..... j..... .....I...~ 12so 18.M if I6 RCP 20]00 vtl. . I 01 i i _... { 1 /ES ..._. _..... ....... ...... TERALYE ._._ _ 6'rTi'~ ~ '-mylD f->M -i- - CIfY pF W(E EISINOR m STORM DRAIN ~aD~ETAIF L~,p 03.4 13 -13 124s Q LJ~NE13 PflOFlLE 4+145 '-M'Oh'-YM I \ I ~ \ I m NNE3 PLgN w1O5 zWe r -a MPROX. iWISNEp CBME i0C GTCX R1AN 10 UiCH &$IN XJ. 10 i0P OF NRB 1255 60 V 5 IM1'rJf! O CB 125060:- IN4FRi O MX 121854 I y CP 20000 $-DMM1 ABTEML3F _.~ )a ~ VISIONS L ~3 Z uw . . _L~.. _ __~ . _.__ .. ........ i-._. ._...1 .... .......1 .~ _.~ ..... .. .:... {~. . ...... w. _3 __ 1 _ ......!...... l...l is ._ I: ~ ~ I 0LF ~ 1 i 1B- RCP.~y u lS~10'O RCP zoooD s-o.ls) 50.095 ® ~plpry pgglN PROFILE ~sY+s a... ~•- NqD ~~ • sM /p\ ~TERAL IFPND IG cws --mDpr- m so 1 (sEE SNEEf G.1) I~ h~. 33'2H'S8.]' ~~ ~. ~~ sEE caw ORNN 95' ~D9M ~ge" "°,E9. . MwnolE wnmvDCnox. swu BE lu WNroRMaMLE wpx flNEP510E CWNtt 8000 CDNIROL µD WA1FA COHSERYAl10H OISIRICTS, (RCFCWCO) SIµBPISI pMWIX4 NO. MNR51. L-4 FEET. X - 1 FEV. ODI MSI M IS FOLLOM i0 SET PIM EIEVATON: MN 1 N s I,il F! MH 9 M ~ 2.B) Ff MH 10 M ~ 1.)5 R 2. GTCH BISINS CB 9µ0W 10 $NPll 6E CON9RiVC20 IN WNfgiMµCE WIIX RCFCNLU 5!µ0A90 pFAWINC ND. WtOP, Wes] fEEC Cgi51RVC! G9E C LOCLL OVRESSIOH N0..2 Ai FgCH GTCH B/SIN PER RLFCXLO SIµpA9p pppWINC N0. 1nzo1. 1. WNHECT U)ER45 Rl GTCX R451NS W COxFORMWCE W11X PCFCXLO SiµG40 DpAWINC NO. L0109. 1. MIV51 RHISiEO GRME f10W pNES µ PEOVIPEO i0 0R4N 20 GTCH 815M5. 5. ALL PIPE BEDMNO SINLI BE CIAO B, LWD UCfOfl L9 PEfl OETNL O OF sNEET C'1.6. 6, RpNNRCED CgILPE'IE PIFE (RCP) $Wl1 CONfOflM i0 iXE REpVIREMENIS CF SECTON 20>-2 Of 1HE SfµGAD SPECIFlG)IBNS. PIPE SIUIL BE SWCD PEfl µTM Cfi55. ]. PPIOfl TO PEPNRMINC µY %PE WOPN. ALL $RE RLL 514W. BE PIACEp µp COMPACrtO µ0 TIE SRE CONSOMGIEO. Eno ~~~+ 8 ~ /1 TflENCM OHPIN M'O U'IERgL 1FANOO PIPN pym~p -- VA91F5 "'~-~--.-, .~..._.. O.® .a X _ ~~ Y4 CONT. EW SIWS 1-P6JN FlNISHEO fiFIBE rv_ :tn µ0 BOIiOM ]' CLfl -~' ttK GTCN BIGH 11 s ~.': a I GiW BOSiN NO I W R ~ ~~ m SR E%IEND l8 1 MIN I _ iW OF CUPS 123580 ` '-` {_ . {__. ' 1255 - FROM R1 COVPSE . v s scz wwm MHa ore9 fio naD•a9ai>w - I ~2, 4-~ - OhFAf O Cfi 12.50 fi0 _ Mx9 GO Mx to 2K9'A ao ayJ1.iW INVERT O MN I2w.66 - COXIPO f - O x ' _ X1250 e .i.~, _ FRM ro couzse 1818 li Ifi .ACR.] I . MXfi 63W ®f0 X19 1 P2&SE Q n3'4 ~ENOH ORNN PflOFlIE s . yt~- ~~q 5 0 LLz . ... ._ - __ _.- NO50 f9] © U TER43B ~ APPR. DATE u.n ~ojaX`rlX9B.X n.,E ~ m NOBLE w ~ G o.~X F CItt OF W(E EISINORE ~ 5a l/Rxx ,µ e ) _ .,, IMXG,wIW~P3 eD. [µd M. RMN 3YM1 0'M] 6 5 SCALE: awR Mw.: STORM DRAIN ~ rc u D oqc As Exawx DETAIL 7 1 m rte. Is, zoos LxN v..IwR er.~MM 3 -13 i j 11 N W tiP _~ .Too Lf un ( / J IX $EE $XEET G BKiIER ~ ! ~~ InPnL mP WF F fN f % ' G . l iDp 80 1 PW! ~ ~ / I ~ ~ ~ _ . TDE IE R4 SERIEB JS-I CNECK VALVE WILN A PETMHER PoN6. ~: / ~ M ro «OUPSE 4 0. L5 T ~ ] ' ~ x5wownu S.asw Bc Imusw MWIIFACNRFGS lFMP1Aft PFN j ~ 1 ~ ~ % ec Xoao a. Ec 3nwm~ E 9.] l I 1 I~ % J 1 Ec G.w ENO evESw YII YE 9 H6TF: B 8 I 1 i ] R \ ~ I I / ~ ., 1 { CONCPEIE FO0. HGDWALL I ' ' / ~ ~ i ~ ' \ CnR ect w nH PA ~ P~F~ SW311NYE 38 OAV RF55I E SIflE CM ) \ / I V ~ ~ 80]O P I'MIH WA _ ~ e 1 ~ FROM TO CO APSE. A 0. L T CEMEM PAPD OF 0.4. aE&W \ I \ CTAPT bW.W BL w~ 565IS]I]W sINL. BE EPO%V CGIED. STA 8195 O 5p 1. L \ ~ ~ • ~ 8C E Or 'wW 15 I1 ]B ~v . ~~ I (GCK FILE OF ' b]E 6] EC ENp J.WW 6<0'iYfl _ ..t .. 1 ~ 8 . 8 XFI-W.VL) \ '..]R45 ~- ~% ~ R •-• .I.. 14' RCP i i ' _ j // I I ' ~'p .~ ~~ ~ ~ / W/lANO aNPIE0. 3 IXImNC Op.WE (VNN6) 1-10 -Y 3 .4 i. • ~ GSEUNE \ ~/ / -.. ~ J 6 -~ 6 { 9 OREWEO SLOPE ~ ] 8 / ~o - ,, j~ -~ ' vo / 1. ~., / J~l / ~ ~ / 1/ ~ 1 ~ / / I I ~ ( R h ~ .... F >'_1 ):., ~.' ~~"'~ I4F' .1 I 1 YS' ~ ~~~{ BACNIXG STONE ~ iPiP ~ I J• /4 lI 1 _ _ 4 / r' }' Ie.LJ -'~.i I O IR' O.L. AeJ r 1 I ( i i 8~. i ~ i I ~ / / 1 1 I {_ ~ \ a WDt NLTER ~ .eT'.'T li „y. >' `FlL1ER FOOaIC CONT. FIBPoC 18 L\YER OF /1 ~. ~fyP~l VNOER STONE ~~~~ ~ OLO IR' Il _` / / _ I ~ 1 / / /// ~ / ~ I 1 /' ~ININCWNX6 WGVAR Na LHWND $ECPOH J 1' /BV LJ r WMWG 0g9N EPA/ I C / I i _ +(' 8 /8 0 /6 XLJ O 1Y O.C. /A\ / r i / ~ VTW °' j - /1 WESF CHPNNEL SECTION W9e sxf T s' ~ 6/fi~ ;} ~iia 3961E WEe5i ' . I,I / oRUx cPIIPo1D. v A/ ~ / l 1 d ' '~ s % % I ~ ~ / Wmw ERNE / / ~ /Y ' IXUVAIE M'0 i1NISX ~ / ~~ / % ~ (VMI6) ~ HE4OWALl DETAIL ~O \~.. _ \ / eronE EwrNR aluxx¢ ~ /~ w ,~ ~~ FROM ENO OF PIPPAP " ~ e",-lo- lo-a-:1._e. ~]e v'C f.1' VW / I ' ~ ' VHIN4 AS REOVIREO TO i BMOOTNLY OnYIIEX! j/ 8.~" ~ D cNIHN0. fLON ONE TO 1 1 \ . j E• IXmNE GP/DE i ~I i ~ -.. . / y..y. •.e z ~ ~ F~.~ AtTI DM9 S12E NO. 8) ERMATON 81EVE SIZE PEaC ~4M IN4 \ I ' / V ~ % ~ V / ~~r I ~ r t § :~ 6 Y' ~~$~" r ~' sa-loo // 1 \ \ / , Q WE5i [IRAIOfgpE CH<NNEL PLAN [IEFAIL i i rt rR. %P i(' ]0-88 `M1 8 ~D - ~ \ \ \ \\ \ \ \ I 10' DYER OF /1 8^LpNE STOHE Qv£R fIL1FA FABPIC H0. • 0.10 JEE SXEE! C3.4 CL pRNNeOE CMNINEL SEE SHEET G3 Na ~ R FVN EXGVAIE FOR CMPNNEL BECIIOH ~p]_ SST CHANNELBECTION 9 . BACKFlLL i0 NO. 8 0-5 SVB4VME zaot IF FAST 4 W . I All acv s eE oE o IN oauuncE cwNx¢ • . ~ ~ ~ ~ ou u e o YY _t _- --' \ ,\ \ , / I~nnFl .,n .A~ nc R =PoCa nnTCC. ~~ _ L am l c i Asa o4Xe. MIN. II ( ly ~ ` t ( i ~ ~--8 T5 ~ I 1~ PEWIREMENISNEOf SECIIO9N )RC;02 OF IN ME 6EAlE $PECIFlUibNB GLipM'S EXLEpI TNi ! , R. 5 rn eFO~NC.RWIFA 6-P~ N!0 ~EC 1 ~ 'Y" I RR. lM m1HGAD 0 Fl / I i r / 13' / '-- P • ~ ~ XO INOMdW. $IONES GNA R00 POVN08 IH 512E SHKL BE ALOWED / SPE GTICNS. E / / `n CI e / I ~ ~ e "" : t _.., B R /: .` EXGVAIE INO FlNISH "-%-C ~ I • 6PI-E F/AIXEN cWNNEL ' l -~ ROM ENO OF PP - .-... S. I R. NLTER FA9RIC $Hel1 BE NIRN1 110N AS WNUFACNPEO BY IENGTE OR MPflOrID E M ]. B LYJ1LL NTMN ANO ABOVE 1NE .y', ~' 6~MIIN BEDdNC ZONE N fWImN CFP-E - PEP SECTION JOI-1.3. }O6-L},I, / RI I ( `~~ -~ NIOOTILT 0.4YNIEXi ro ~ / t .~ ~ ~ -Il~B"J~i.E g 1. 306-1.J.1. ANO 306-I.].8 OF iNE STM'd1R0 SPECIRGTONS. j ~. ~ CINHNEL FLOW dNE TO !' CL FWNNEL ~~ WSIINC GR.NE ~ PLACED i1 &CNING STONE ~ OYEa FlLIEA FIHRIC ~ D ASi DRNNAGE CIYINNEL PLNJ OEFNL ~ ~ WgpING SHRIEK SECTION (ry\ LOAD FACTOR f.e CL45S BTRENCH SEDDINO P ~ ~ . ~ REVISIONS APPR. DATE ~c µo~ DD,. µD fte,L '^ PN 3 M E` N °` m'°`,A ~p OBLE ~.BU Citt OF LAKE EISINORE )s O°T NRMN f ~ ,~ ~, ,,,,q,,,a,,, YMV.tuulD PM. ~. .~6D <.~ D SCALE: '•"'~ STORM DRAIN a~~ au wl_ BME u sxowr DETAIL nc x. 737-13 m rts. Is. zone . ( 0 O ~• ~ ~ v _ ® 4WYEL OPNN PR WRXDN ~ PEPFOFAIEO PIPE E 014LN % ~ O i 6PAYEL i1LlER / / IXGVATE FDR DYFApN1N WHERE PEpYIRED. {INISN ~ PLL OPxNA ~ / / \~/ GFIDE µD UY &CK NL {' THICK PLL pRNINC 510E $LOPF51:1 Try $X¢ LMOE OUCH DYER PREPOAEp E -\ ~ ~\ +'-~~~ - \ T ) I SVBLPME •--. i , ~ / L V ~ - ~ M EL i1LTIX \ / 2 j--5 -1 i ~ ` i / . 1 ~'. 11 i i J .I 0-IN LXICK • IXIST C i ' ~~ ~ 1 ' PCC /~ 0.TADR4IN ~~ , 6•N ~ j / cplDE N g pErs (VNBES)~ ~ ~ WRFNN W.VL ( 11'3 L ' ~ ~ i { S-t 1• AT BEGINNING µ0 ENp Of j ~ ~ ~ LPs P! PAA vcC pxcx 1 ~ ' LL / ~PAVEMEM SWNE I 0 e ~~~R°'X~~D p CK~Iir8 Rq 1. CONL(2lE FOq DIICX sWW, pE CU55 560-B-]250. s1D• cwau DRNn Prt o z pRCH cpxrngwpx swuL cpNFaqu ro TXf REWIflEMEMS OF SECMN 30}5 M ME 5iµ p/AO sPECIfIGTONS. DAP CURB µ0 LWSMCi GSE C LOGL M. pEPRESSgN N0. J PEfl'RCFCWCD ]. PIECE WFN(ENEO PUKE JOINR OH ThENT!-FWF CENTER SPACIXO. 51N10µ0 OFAMNC H0. 1D301. {. LONSIRVC! B-INCH TALK % I]-FOT DEEP CVgINN W.YL AT BEgNNING 4W CVRB NIO CgiSINC! 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BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: AWARD OF CONTRACT -TRAFFIC STRIPING AND PAVEMENT MARKING MAINTENANCE WORK Background Recently, public notice was given that sealed bids would be received by the City of Lake Elsinore for the maintenance of street striping and markings. Bids were publicly opened, examined and declared on February 27, 2008. Discussion Bidders were asked to submit a cost to provide services for maintenance of street striping and markings as described in the performance requirements included in the bid package. Ten bids were submitted and are as follows: Company Name Bid Amount Orange County Striping Service Inc. $99,007 PCI $104,403 Superior Pavement Markings $105,898 C-18 Inc. $107,823 J&S Striping Co. Inc. $114,518 Cal Stripe Inc. $124,458 California Traffic Maintenance Inc. $133,073 JP Striping Inc. $147,864 Pacific Coast Markings $152,067 Pacific Striping Co. $184,524 Agenda Item No. 5 Page 1 of 17 Award Of Contract -Traffic Striping And Pavement Marking Maintenance Work March 11, 2008 Page 21 Fiscal Impact Funding is allocated in the City CIP Budget Project STR-0007 "Annual Traffic Striping and Maintenance" for the amount of $100,000. Recommendation Authorize the City Manager to execute a maintenance contract agreement with Orange County Striping Service Inc. for maintenance of street striping and markings for a term of one (1) year commencing from the date of execution, and can be extendable in one (1) year increments up to three years, with approval of the City Manager. Prepared by: Ken Seumalo Director of Public Works Approved by: Robert A. Brady City Manager Agenda Item No. 5 Page 2 of 17 SERVICES CONTRACT This Services Contract (the "Contract") is made and entered into as of the _ day of 200_, by and between the City of Lake Elsinore, municipal corporation ("City") and ("Contractor"). RECITALS A. Contractor is specially trained, experienced and competent to perform the special services which will be required by this Contract. B. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Contract on the terms and conditions described herein. C. City desires to retain Contractor to render the services and related work as set forth in this Contract. AGREEMENT 1. Scope of Services. a. Contractor shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time and in such manner as to minimize inconvenience and potential hazards to the City and the public. b. Contractor shall furnish all necessary tools, equipment and vehicles at Contractor's sole expense. c. Contractor shall provide the City with at least two (2) contact telephone numbers that can be called by City when emergency maintenance conditions occur. Contractor shall provide a maximum of one-hour personnel response time upon notification. d. Contractor shall require each of its employees and subcontractors to adhere to basic PUBLIC WORKS standards of working attire which shall include basic uniforms, proper shoes and other equipment and gear as is required by State of California workplace safety regulations. Shirts shall be worn at all times, buttoned and tucked in. e. Contractor shall display the organization or firm name on all of its vehicles. Such display shall be legible from a distance to one-hundred (100) feet. a 1 Agenda Item No. 5 Page 3 of 17 2. Time of Performance. The services of Contractor are to commence upon execution- of this Contract and shall continue for a period of one year and may be extended for two consecutive one-year extensions upon the approval of the City Manager, subject to the review of the City Council. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Contract shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall submit monthly billings to City describing the work performed during the preceding month. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Contract, City requests that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager or his/her designee unless such work is verbally requested in conjunction with an emergency maintenance request. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Contract may be terminated by the City or Contractor for cause upon thirty (30) days' written notice of termination. This contract may be terminated by the City without cause upon sixty (60) days written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. 7. Reserved. 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Contract. b. Contractor shall maintain all documents and records which demonstrate performance under this Contract for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Contract. 2 Agenda Item No. 5 Page 4 of 17 c. Any records or documents required to be maintained pursuant to this Contract shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Contract. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor- in-interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and .services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights. 10. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Contract. 11. Ability of Contractor. City has relied upon the experience and training of Contractor to perform the services hereunder as a material inducement to enter into this Contract. Contractor shall therefore provide properly skilled personnel to perform all services under this Contract. All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractor in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 3 Agenda Item No. 5 Page 5 of 17 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract, any licenses, permits, insurance and approvals which are legally required of Contractor, including but not limited to, a City business license. 14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and agents free and harmless from any liability whatsoever, including wrongful death, based or asserted upon act or omission of the Contractor, its employees, subcontractors, and agents relating to or in anyway connected with the accomplishment of the work or performance of service under this Agreement. As part of the foregoing indemnity, the Contractor agrees to protect and defend at Contractor's own expense, including attorney fees, the City, its offices, agents, and employees in any legal action based upon any such alleged acts or omission. 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liabilitv Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used,, either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liabilitv Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Contract, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4 Agenda Item No. 5 Page 6 of 17 iv. Contractual Liability Coverage. Contractor shall maintain contractual liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's operations under this Contract, whether such operations by the Contractor or by its employees or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims- made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing aBest=s rating of no less than A:VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided., canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein, unless such insurance, endorsements and/or certificates are otherwise waived by the Director of Administrative Services. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Contract. 5 Agenda Item No. 5 Page 7 of 17 Current certification of insurance shall be kept on file with the City at all times during the term of this Contract. 16. Notices. Any notice required to be given under this Contract shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other-party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Attn: 17. Entire Contract. This Contract constitutes the complete and exclusive statement of Contract between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Contract. 18. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Contract is the reputation, experience and competence of Contractor and the subcontractors listed in Exhibit D. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Contract will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Contract except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Contract shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Contract shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Contract. 6 Agenda Item No. 5 Page 8 of 17 21. Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 22. Controlling Law Venue. This Contract and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Contract shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Contract commences any legal action against the other party arising out of this Contract, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Contract through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Contract may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Contract, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and to bind each respective party. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract.. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any shall have any financial or other person interest, direct or indirect, in this Contract, or obtain any present or anticipated benefit arising therefrom. 7 Agenda Item No. 5 Page 9 of 17 28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Contract to be executed on the date first written above. CITY OF LAKE ELSINORE: CONTRACTOR: By: Its: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments:. Exhibit A -Scope of Services Exhibit B -Fee Schedule Exhibit C -Certificate of Exemption from Workers' Compensation Insurance Exhibit D -List of Subcontractors 8 Agenda Item No. 5 Page 10 of 17 EXHIBIT "A" SCOPE OF SERVICES CONTRACT LIMITS -City-wide various locations as ordered by the Public Works Manager. WORK TO BE PERFORMED BY CONTRACTOR -The work to be performed under this contract shall consist of painting traffic lanes, directional arrows, guidelines, parking lines, crosswalks, legends and other designated traffic markings on streets and parking lots. TIME LIMIT -All work will be assigned by a written work order. Work is to be performed within a timely manner as directed by the City. Time being of the essence to protect public life and property if the CONTRACTOR should fail to undertake the designated work within a reasonable time determined by the City, the City may enter into a separate contract to perform said work. DEFINITION OF PROPOSAL TIME -The unit price to be paid for the items listed in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, and traffic control, and doing all work involved in furnishing, and installing the material complete and in place, in accordance with the work orders and as specified herein. STRIPING - A standard skip-line pattern is normally a 24-foot (7.27m) cycle of which seven (7) feet (2.12m) are painted, and seventeen (17) feet (5.15m) are unpainted, Continuous left turn pockets are solid yellow outside stripe, a solid black middle stripe, and a twelve (12) foot (3.64m) painted yellow skip stripe with thirty-six (36) foot (10.9m) unpainted gap on the inside. However, the machine shall be equipped to produce a variable skip pattern, including simultaneous painting of a broken line on one side and a solid line on the other side of a multiple stripe. An acceptable tolerance in the skip pattern is plus or minus four (4 inches (100mm). The striping machine shall be capable of three-gun application consisting of one black and two yellow spray guns operating simultaneously or individually. The equipment shall also be capable of operating two white guns simultaneously or individually. The striping machine shall have a wheel base sufficient length to produce a straight line to meet the straightness tolerance specified in Subsection 310-5.6.7 of the 1991 Edition of the Standard Specifications for Public Works Construction. The machine must also be capable of producing curved lines without abrupt breaks, in accordance with approved layouts. The rate of application of paint and beads: (1) broken 4" single stripes - 6 to 6.5 gallons per mile; (2) solid 4" single stripes - 17 to 18 gallons per mile; (3) six (6) pounds of beads per gallon of paint. All lines shall be clean and sharp with regard to dimensions. Ragged ends of segments, fogginess along the sides or objectionable dribbling along the unpainted portions of the stripe shall be removed to the satisfaction of the City's agent. Agenda Item No. 5 Page 11 of 17 EQUIPMENT -All equipment. required to perform the work shall be approved in advance by the City's agent, and shall include such apparatus as brushes, brooms, compressors, air blowers to properly clean the pavement surface, a mechanical marking machine, or hydraulic paint pumps, a bead dispensing device, auxiliary hand spray paint equipment, paint rollers, or other equipment as maybe necessary to satisfactorily complete the work requested. The striping machine shall be an approved spray-type marking machine suitable for applying traffic paint. It shall have sufficient paint capacity for each color with adequate air or hydraulic pressure to perform the work satisfactorily without stopping. The machine shall produce a uniform film thickness and cross-section at the required coverage and shall produce markings with clean-cut edges without running or spattering. It must be capable of being guided within the straightness tolerances set forth in these specifications. The machine shall have suitable adjustments for painting the line width specified and when required shall be equipped with an automatic cycling device to produce intermittent (skip) lines. The striping machine and stencil truck shall have sufficient warning lights, including arrowboard warning in advance of lane closures or work to be done in the roadway. Arrowboard shall be a minimum size of 48" x 96" and capable of flashing between 30 and 45 cycles per minute in each of the modes. The modes shall include left arrow, right arrow, left and right arrow together and caution. The arrowboard must also be equipped with both an automatic and manual dimming device. The arrowboard shall be used at all times when striping or closing lanes on an arterial street. MATERIALS -All materials used shall be formulated for street striping and traffic purposes and approved by the City of Lake Elsinore. A complete list of specifications shall be attached to the proposal and become a part of the specification. Failure to comply with this section is cause for rejection of any proposal or cancellation of any contract. Paint: The paint to be used on all work shall be pre-approved by the City and shall meet all requirements set forth by the South Coast Air Quality Management District. Thinner shall not be mixed with paint. Paint shall dry "track free" within thirty (30) minutes. Paint used for pavement legends shall be a compound of paint and beads. Beads used for reflectorized lines shall conform to the following: 1. Beads shall be colorless and be free from milkiness. 2. 85 Percent of the beads shall be .015 and .037 inches in diameter. 3. Beads shall be kept dry and free from moisture. 4. Beads shall be uniformly heated to a temperature not less than eighty (80) degrees Fahrenheit when applied. Agenda Item No. 5 Page 12 of 17 Application: Paint shall be mixed in accordance with the manufacturers instructions. It shall be mixed thoroughly and applied to the road surface at the proper temperature and at its original consistency without the addition of any paint additives. If the paint is applied in two (2) coats, the first coat shall be thoroughly dry before the second coat is applied. Pavement Marking: Word markings, letters, numerals, and symbols shall be applied using suitable spray equipment together with stencils and templates. All letters, numerals, and symbols shall be of standard size as indicated in the State of California Traffic Manual, and shall match existing City of Lake Elsinore stencils. Layout, Alignment, and Spotting: When necessary the City of Lake Elsinore will furnish the necessary control points for all required pavement striping and markings. The CONTRACTOR shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 1/2 inch (13mm) in fifty (50) feet (15.24m) from specified alignment. When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be spotted by using a rope as a guide for marking spots every five (5) feet (1.52mm) by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the City of Lake Elsinore. Thermoplastic: Thermoplastic traffic strips and pavement markings (word and symbol markings, limit lines, crosswalk, etc.) shall conform to the provisions in Section 84-2, "Thermoplastic Traffic Strips and Pavement Markings," of the State of California Standard Specifications and these specifications. Repainting: When existing striping and markings are to be repainted they shall be repainted so as to completely cover any old markings within 1/4 inch (5.4mm) of the parallel limits of the line. Stripe repainting shall be retraced within a longitudinal tolerance of three (3) inches (75mm) plus or minus at the end of the stripe. Paint Removal: The CONTRACTOR shall remove by wet sand-blasting, or other City approved method, existing lines and pavement markings as directed. Removal shall be complete and all residue from the operation shall be removed from the pavement without delay as work progresses. Reflectorizing: All traffic stripes and street marking, except black lines, shall be beaded on the final finish coat with reflective material consisting of glass beads prior to setting. WEATHER CONDITIONS -The paint shall be applied only when the pavement is dry, the atmospheric temperature is above 50° F., and the relative humidity is below 85%. Painting shall not be attempted when there is fog, a forecast of rain, dust that might settle onto the paint, wind of sufficient strength to blow paint spray onto adjacent areas, or while heavy traffic is present. Agenda Item No. 5 Page 13 of 17 QUANTITIES -The quantity of traffic striping and markings shall be determined by one or more of the following methods: lineal footage or number of figures or symbols applied in accordance with a City work order. MEASUREMENT -Lineal feet of painted lines shall be measured for payment by standardized odometer. Other units for which payment is to be made shall be measured in accordance with the units designated in the request for bids. THICKNESS -All painted markings shall be applied at a thickness of fifteen (15) mils (.38mm) wet film thickness. This will be field tested periodically by a representative of the City. WORK AREA TRAFFIC CONTROL -Work areas requiring traffic control shall be property protected pursuant to the information and guidelines set forth in the most current "Work Area Traffic Control Handbook" published by BNI Books, 3055 Overland Avenue, Los Angeles, California 90034, Phone (213) 202-7775. Contractor shall provide all labor, materials and equipment to install barriers, guards, lights, signs, temporary bridges, flag persons advising the public of detours and construction hazards, and on completion of the work promptly remove all signs and warning devices. Contractor shall be responsible for compliance with additional public safety requirements which may arise during landscape installations at the site. Agenda Item No. 5 Page 14 of 17 EXHIBIT "B" SCHEDULE OF CHARGES Note: All street striping and markings are to be applied to a thickness of .15 mil. UNIT ITEM DESCRIPTION PRICE 1. 4" Skip line, white or yellow 2. 4" Solid-line, white or yellow 3. 4" Double solid line, yellow with 3" wide black line between ye llow lines 4. 6" Solid line 5. 8" Solid line 6. 12" Solid line, white or yellow 7. Double 4" wide solid and broken line, yellow with 3" wide black line between yellow lines 8. 4' Letter legends LF LF LF LF LF LF LF EA 9. 8' Letter legends, white or yellow 10. 8' Arrow legends EA EA Agenda Item No. 5 Page 15 of 17 EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Contract is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California Executed on this day of , 200_ at California. Contractor Agenda Item No. 5 Page 16 of 17 EXHIBIT "D" LIST OF SUBCONTRACTORS [INSERT] Agenda Item No. 5 Page 17 of 17 CITY of LADE ~ LS II`IOI~E DREAM E,~CTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: QUITCLAIM DEED FOR A PORTION OF FLINT STREET IN FAVOR OF CAROLYN MAGUIRE Background At the request of Carolyn Maguire, a property owner in the City of Lake Elsinore, staff investigated the feasibility of vacating a portion of Flint Street adjacent to Lowell Street. Staff found that vacating the roadway did not impede the local circulation and all adjoining property maintained access to the public roadway. At the regularly scheduled meeting, the City Council adopted .Resolution 2007-134 vacating that portion of Flint Street in favor of Ms. Maguire. The map which created this Flint Street was developed in 1889, and as such, Ms,Maguire's title company requested additional documentation of the City's release of claims in this portion of Flint Street. Discussion In response to Ms. Maguire's request for the City to vacate a portion of Flint Street, Staff reviewed the need for this roadway right-of-way and on July 10, 2007, the City Council adopted the resolution to vacate. When Ms Maguire attempted to acquire title insurance from the newly acquired right-of-way, a question of ownership was posed by her title company. The tract map from which the right-of-way was dedicated was processed in 1889 and the method of dedication was unclear. After a discussion with the City Surveyor, staff reasoned that the probable method of roadway dedication was through an easement. As a method of assurance, Ms, Maguire requested staff process a Quitclaim Deed. Staff analyzed the request and is in concurrence. Fiscal Impact There are none. All costs related to the Quitclaim Deed shall be the responsibility of the applicant. Agenda Item No. 6 Page 1 of 10 Quitclaim Deed for Flint Street March 11, 2008 Page 2 Recommendation Authorize City Staff to process a Quitclaim Deed over the vacated portion of Flint Street adjacent to Lot 19 of Hazards Subdivision through the County Recorder. Prepared by: Ken Seumalo ~~ Director of Public Works Approved by: Robert A. Brady ~ ~j City Manager 1~'" Attachment: Resolution 2007-134 Quitclaim Agenda Item No. 6 Page 2 of 10 RESOLUTION N0.2007-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR THE VACATION OF A PDRTION OF FLINT STREET WHEREAS, the City Council of the City of Lake Elsinore has determined that a certain street right-of-way is ho longer necessary to be utilized as public right- of-way, said easement being more particularly described as follows: That the portion of Flint Street described as follows: That portion of Flint Street adjoining Lot 19 in Block 76 of Hazards Subdivision as shown on map recorded in Book 1, Page 47, Records of San Diego County described as follows: Beginning at a point on the Southwest line of said Flint Street, said point being the East corner of said Lot 19 as shown on said map, Thence, along said Southwest line, North 70° 59' 16" West, 150.00 feet, to the North con~:er of said Lot 19 as shown on said map, Thence, along the Northeasterly extension of the Northwest line of said Lot 19, North 19° 00' 44" East, 60.00 feet, to the Northeasterly right of way line of said Flint Street as shown on said map. Thence, along said right of way line South 70° 59' 16" East, 150.00 feet to the intersection with the Northeasterly extension of the Southeast line of said Lat 19, Thence, along said extension South 19°00' 44" West, 60.00 Feet, more or less, to the point of beginning. WHEREAS, the City Council far the City of Lake Elsinore desires to vacate said right-of--way pursuant to the procedures set forth in Streets and Hiahways Code Section 8335, et sea.; WHEREAS, the vacation is pernutted by law under pursuant to the conditions set forth in Streets and Highways Code Section 8333; IIIIlIIIIIII~f1lI~IlIIIII~I~Illlfllllll~l IIIIIII'~illl "~ea~0~e~esR Agenda Item No. 6 Page 3 of 10 CITY COUNCIL RESOLUTION N0.2007-1.34 PAGE 2 OF 3 WHEREAS, That from and after the date the resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement; WHEREAS, pursuant to Resolution 2007- ,the public hearing has been held and evidence submitted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: That the foregoing recitals are true and correct. 2. That based on the evidence submitted at said public hearing, the City Council hereby finds that the street and alleys described in this Resolution are unnecessary for present and prospective use. That the street and alleys rights-of--way more particular described above are hereby ordered to be vacated. 4. That the Interim City Clerk is hereby ordered to record the Resolution of Vacation in the Riverside County Recorder's Office. PASSED, APPROVED AND ADOPTED this 10`~ day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: KELLEY ABSTAIN: COUNCILMEMBERS: City of Lake IIIIII~IIIIIIIII~IIIIIIIIII~II~IIIII~'IIIII'IIIIIIII~II ~~ zeei3 of0056000H Agenda Item No. 6 Page 4 of 10 CITY COUNCIL RESOLUTION NO.2007-134 PAGE 3 OF 3 ATTES'T': ert A. Brady, ity Manager/Acting City rk City of Lake Elsinore OVED. O O arbara Zei Leibold, City Attorney City of Lake Elsinore I declare under penalty of perjury that the foregoing instrument is.a full, true and correc copy of the original on file in this o fice. ATTEST: Vivian M. Munson, C'~ ity Clerk DATED• w d~ 1llllllllillllllllllllllillllllllillllllllllllllllllliil ~' ze04 ~SeOsae AgendPage 5 of 10 ,_ ~. _~ i N ro ~~ (ppn N V Mm V V .m ~ W fD m0 0 ~ 9 A g~ ~Ii -7 ~p~ ~ I~ m~ •Q: m~~ ,~ 00. ~• orn ~, 11 O N19'00'44"E 60.00' t 20 BLOCK 76 a o~ BK.1 PG. 47 N 18 FLINT EXHIBIT 'B' FIJNT STREET VACATION 570'59'16"E 150.00' STREET 519'00'44"W 7 fi0.00' 19 HAZARDS SUBDIVISION SD COUNTY '59'16"E 150.00' 17 W W t~ Y 7 ~~ AND ~- ~ A. ,{ -'1•- 0 40 80 ~T ~~ No. 73&5 yk EXP. 12-3f-07 yr R~~P MICHAEL A. MEDOFER n ~ S~ FoF CAS\EC LS 7385 EXP. 12/31/07 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) City of Lake Elsinore ) 130 South Main Street ) Lake Elsinore, California 92530 ) Attention: Cit Clerk RECORDER'S OFFICE USE ONLY FREE RECORDING This instrument is for the benefit of the City of Lake Elsinore and is entitled to be recorded without fee. (Government Code Section 6103) QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF LAKE ELSINORE, a California municipal corporation, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to CAROLYN MAGUIRE, a private property owner, that certain real property described in Exhibit "A" attached hereto and incorporated herein by this reference, located in the City of Lake Elsinore, County of Riverside, State of California. Dated: , 2008 CAROLYN MAGUIRE, Property Owner By: Quitclaim Deed Carolyn Maguire Agend~~l'l2Pn No. 6 Page 7 of 10 -= .~. -. m ^~ N (~j V bm m Nm .P ~m ~~ a pp~ ret4~ =r W d O ' 9~ ~~ ExHisiT 'B' FLINT STREET VACA110N ~' S70'59'16"E 150.00' 1\ FLI NT M STREET stsoo'44"w so.oo' Nt9'00'44"E 60.00' o N70'59'tfi"W 150.00' ~ ; ~ P.O.B. w m 2~ 3 19 wo ~ ~ 2 ~ BLOCK 76 ~ ° HAZARDS SUBDIVISION ~ ~ ~ I ~ BK.1 PG. 47 ~ ~ SD COUNTY z i 570'59'16"E 550.00' 18 17 ~a i.AND SGT G ~ ~~°'aPE1. p, MF~o J ~ F~ 'A {p No. 7385 * ' EXP. 12-31-07 r sr9~' F°~a\P 5 A. MEOOFER j 5"~ 0 40 80 oF cA1-~ LS 738 EXP. 12/31/07 '~' `io 0 .~ o ~. z o E °D w ~, ~. ~a c m CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SS On , before me, personally appeared NAME(S) OF SIGNER(S) personally known to me CORC proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Although the data below is OPTIONAL, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Capacity claimed by signer: 4 Individual Q Corporate Officer(s) Q Partner(s) Q General Q Limited Q Attorney-in-fact Q Trustee(s) Q Guardian/Conservator Q Other: Signer is representing: Name of Person(s) or Entity(ies) Description of Attached Document: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Quitclaim Deed Agend~31k~4n No. 6 Page 9 of 10 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) THIS IS TO CERTIFY that the interest in real property conveyed by THE WITHIN INSTRUMENT to the CITY OF LAKE ELSINORE, a California municipal corporation ("City"), is hereby accepted by the undersigned officer on behalf of the City pursuant to authority conferred by Resolution No. and the City consents to recordation thereof by its duly authorized officer. Dated this day of , 2008. CITY OF LAKE ELSINORE, a California municipal corporation By: Robert A. Brady City Manager Agenda Item No. 6 Page 10 of 10 CITY OF LADE~L,SIlYO DREAM E~CTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: SENIOR CENTER CAPITAL IMPROVEMENT PROJECT Backaround The 2007-2008 Capital Improvement Program (CIP) identified funding to expand the Senior Center main building and expand the Thelma Ball Memorial Hall (Annex Building). In addition, the project was for drainage improvements that exist in the back of the building. The project scope was to expand the Thelma Ball Memorial Hall to the north by ten feet adding 1,520 square feet to the building. The main building would be expanded by 2,950 square feet to add three offices, a reception area, men's and women's restroom, and expand the existing dining room. The Parks and Recreation Director met with the Senior Coordinator and the City's Project Coordinator to evaluate the scope of work identified in the CIP. Based on staff's evaluation, the major and immediate challenge for seniors using the center is parking. Current parking in the upper parking area is limited to 14 spaces requiring seniors to park in the lower parking area. Many of the seniors parking in the lower area have walking aids making it difficult to access the center. In addition, insufficient space is available for the RTA Dial a Ride Van to access the parking area to load and unload passengers. The second priority is to fix the drainage behind the building. Currently, during inclement weather, water drains toward the building and enters the building through the walls. Over the years, the moisture entering the building has caused water damage to the interior wall requiring additional building repairs. Discussion It is staff's recommendation to modify the scope of work listed in the CIP to address the Senior Center parking issues. If approved, the design work will be divided in two phases. The first phase is to design and construct a new parking lot that will expand the parking lot to the south to increase parking and to create a vehicle turn around area. In addition, the entire parking lot will be graded to ensure drainage is corrected and the Agenda Item No. 7 Page 1 of 2 Senior Center Capital Improvement Project March 11, 2008 Page 2 parking lot is ADA compliant. The second phase will be to design and expand the buildings as identified in the CIP budget. In May 2007 the City Council approved a proposal from Beach Design of Hemet, California for design work to expand the Senior Center buildings. Staff contacted Beach Design to revise the scope of work for the parking lot expansion and drainage system. Beach Design has agreed to honor their original bid of $37,625 for design work for Phase I. The proposal for Phase II for the building expansion is for $41,672.50, and will be included in future CIP budgets when funds become available. Fiscal Impact Funds have been budgeted in 2007-2008 CIP budget. Recommendation Approve the recommended design changes to the CIP budget and authorize the City Manager to process a purchase order in the amount of $37,625 to Beach Design for design services. p Approved by: Ray Gonzales 1'~ Director of Parks and Recreation Approved by: Robert A. Brady City Manager Agenda Item No. 7 Page 2 of 2 CITY OF ~LSII`~C~RE DREAIvI E~?CTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: AUTHORIZE PURCHASE OF PARKS IRRIGATION SYSTEM Background For the past several years, the City of Lake Elsinore has utilized "Smart Controllers" or weather based central controlled irrigation system to irrigate our City parks and open space areas. The City's current irrigation system is now inefficient and outdated. In an effort to replace the existing system and to be proactive in water conservation, staff researched various water conserving irrigation systems and grant programs to purchase new controllers for the City's park irrigation system. Staff contacted Elsinore Valley Municipal Water District's (EVMWD) Water Conservation Department to inquire about possible grant funds. The EVMWD did have an incentive program called the "Public Sector Partnership Program" supported by Metropolitan Water District (MWD). Based on the size of City's park irrigation system, the City applied and was approved fora $92,314.39 grant. The City of Lake Elsinore was the first municipality approved and funded in the Public Sector Partnership Program, which is an admirable distinction. The grant funds have already been received by the City's Finance Department, and are earmarked for the purchase our City's new water conscience irrigation system. Discussion Grant funds will be used to purchase an Internet based Rainmaster iCentral Eagle irrigation system and will cover the cost of all equipment. As a further savings to the City, Park staff will install the system at all City Parks within 90 days. Once installed, the new irrigation system will shut down automatically when an irrigation line breaks or during inclement weather. In addition, staff will be able to program the system remotely resulting in an increase in water savings and staff efficiency. Agenda Item No. 8 Page 1 of 2 Authorize Purchase of Parks Irrigation System March 11, 2008 Page 2 of 2 Based on the City's exception to bid procedures, staff is recommending City Council authorize the City to process a purchase order for the new irrigation system to John Deere Landscapes in the amount of $92,314.39. Section "F" states "When in the best interest of the City, the City Council may authorize the City Manager to bypass the bid process required under this Chapter for purchases greater than fifteen thousand dollars ($15,000)". John Deere Landscapes has also agreed to give the City "Credit" for all its useable old irrigation hardware. This price has yet to be determined, but has been estimated by a John Deere Representative to be as high as $10,000. This new irrigation system will be a great way for the City to be proactive in our own water conservation, as well as serve as an excellent example to the rest of our community of the importance and various ways we can all help to conserve water. Fiscal Impact MWD grant funding in the amount of $92,314.39 was received and there is no impact to the City General Fund. Recommendation Authorize the City Manager to process a purchase order in the amount of $92,314.39 to John Deere Landscapes for the purchase of the City's new parks irrigation system. Prepared by: Jess Culpeper n~ Parks Supervis , / Approved by: Ray Gonzales 1~ Director of Parks and Recreation Approved by: Robert A. Brady City Manager Agenda Item No. 8 Page 2 of 2 CITY QF LSInORE DREAM E~CTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: PARKS AND TRAILS MASTER PLAN CONTRACT FOR SERVICES Backaround The City's 20 year Recreation Park Master Plan is due to expire in two years in 2010. In July 11, 2000, the City Council approved an agreement with Kobata Associates, Inc. to update the City Parks and Trails Master Plan. Due to the amount of time that has elapsed, staff is recommending to enter into an agreement with Baxter Miller Landscape Architecture to update the Park and Trails Master Plan. The purpose of the Parks and Trails Master Plan is to create a clear set of goals, policies and objectives that will provide direction to City staff, Planning Commission, and the City Council for development and enhancement of the City's parks and trials system for the next 20 years. This process is to include developing a comprehensive inventory and an analysis of forecasted needs and implementation strategies. Specific items to include in the study are: 1. Parks and Trails System -Identify appropriate park development standards and identify opportunities and deficiencies in the parks system. 2. Recreation Facilities -Identify appropriate recreation facility standards and identify opportunities and deficiencies for recreation facilities. 3. Future Facilities - Prepare a site by site evaluation for future expansion. 4. Maintenance Cost -Prepare an analysis of existing and future maintenance cost. 5. Capital Development -Identify important capital projects to be considered for incorporation into along-range capital improvement program. 6. Implementation Plan - Develop a prioritized plan of action incorporating probable costs and potential funding sources and mechanisms. Agenda Item No. 9 Page 1 of 7 Parks and Trails Master Plan Contact for Services March 11, 2008 Page 2 City staff will utilize the Master Plan to apply for grants, to plan new facilities, and to identify elements for capital improvements and replacement. This Plan provides a basis for improved coordination between the City, school district, and other jurisdictions for joint-use of facilities such as ball fields, trails, and for joint development projects. Discussion Based on the City's exception to bid procedures, staff is recommending City Council authorize the City Manager to sign an agreement with Baxter Miller Landscape Architecture to provide services to update the City's Parks and Trails Master Plan. Section "F" states "When in the best interest of the City, the City Council may authorize the City Manager to bypass the bid process required under this Chapter for purchases greater than fifteen thousand dollars ($15,000)." Baxter Miller Landscape Architecture has agreed to complete the Parks and Trials Master Plan within sixty working days and to coordinate the plan with the City's General Plan process. Fiscal Impact Park fees will be utilized in the amount of $47,255 to fund the Parks and Trails Master Plan. Recommendation Approve an exception to the bid process and authorize the City Manager to sign an agreement with Baxter Miller Landsc~na7pe Architecture. Prepared by: Ray Gonzales I,~ Director of Parks and Recreation Approved by: Robert A. Brady~~j City Manager ~~//~~'' Attachments: Parks and Trails Master Plan Proposal Agenda Item No. 9 Page 2 of 7 February 15, 2008 City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Contact: Ray Gonzales The following is a proposal to provide professional landscape architectural services for a Parks and Trails Master Plan update for the City of Lake Elsinore. This Proposal is based on our conversation at your office on February 5, 2008. The Project Team: The Client City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Contact: Ray Gonzales Director of Parks and Recreation Landscape Architect BMLA, INC. 310 North Joy Street Corona, CA. 92879 Contact: Baxter Miller, President SCOPE OF WORK Upon the delivery of a signed copy of this proposal or other contract forms with this scope and conditions attached as an exhibit, the LANDSCAPE ARCHITECT and his staff shall proceed with the following scope. 1.0 GENERAL 1.1 Review the existing Master Plan and prepare an evaluation of the stated assumptions and recommendation in light of the stated goals by the staff. 1.2 Digitally reproduce the graphs, charts, matrices, and the text from the existing Master Plan as preparation for editing and reproduction. 1.3 Prepare a photo database for each of the existing park sites illustrating the condition of existing amenities and facilities. 1.4 Pertorm an onsite analysis of each existing park to determine the quantity of park facilities for future comparison against program needs. The information shall be illustrated in text and matrix form. 1.5 Prepare a preliminary needs assessment for the parks system based on the staff goals and the existing facilities matrix. 1.6 Prepare a facility to population table based on current and future needs. 1.7 Prepare a site by site evaluation for future expansion. 1.8 Prepare an analysis of the existing maintenance costs, funding sources, and the impacts of future expansion and or inclusion in to existing or future maintenance districts. 1.9 Prepare a suitability of potential park sites based on the priority goals of the staff. 1.10 Update the Master Plan illustrations to reflect the existing and proposed facilities. 1.11 Package the Master Plan into a draft and final document for publication. 2.0 DELIVERABLES BMLA will submit the following items to the client as part of this proposal: 2.1 Existing Master Plan evaluation report 2.2 Preliminary existing site assessment report 2.3 Proposed site evaluation report 2.4 Park needs assessment and requirement proposal report PREPARED BY BMLA, Inc. 2 of 6 2/15/2008 Agenda Item No. 9 Page 3 of 7 2.5 2.6 2.7 3.0 3.1 3.2 4.0 4.1 4.2 5.0 5.1 5.2 5.3 5.4 5.5 Draft Master Plan text submittal Draft Master Plan map update submittal Final Master Plan updated document FINAL PRODUCT Reproducible documents for inclusion in an updated Master Plan Digital copy of the preliminary and final documents and work product such as photos and graphics. SCHEDULE This proposal is null and void after sixty (60) days without a signature. After the sixty day period BMLA will review the proposal and adjust any necessary figures. Contract execution time frame. Upon the prompt execution of this contract and the delivery of the necessary base documents, BMLA, Inc. shall proceed with the above stated scope of work. The estimated time is complete the above stated plans will be 60 working days. FEE SCHEDULE Fee shall be based upon an hourly accounting of time and shall not exceed the below stated maximums. Except as directed by CLIENT, in writing. 1 Review the existing Master Plan and prepare an evaluation of the stated $3,625.00 assum lions and recommendation in li ht of the stated oals b the staff. 2 Digitally reproduce the graphs, charts, matrices, and the text from the existing $1,900.00 Master Plan as re oration for editin and re roduction. 3 Prepare a photo database for each of the existing park sites illustrating the $6,150.00 condition of existin amenities and facilities. 4 Pertonn an onsite analysis of each existing park to determine the quantity of park $5,900.00 facilities for future comparison against program needs. The information shall be illustrated in text and matrix form. 5 Prepare a preliminary needs assessment for the parks system based on the staff $4,350.00 oats and the existin' facilities matrix. 6 U date the facili to o ulation table based on current and future needs. $4,800.00 7 Pre are a site b site evaluation for future ex ansion. $5,600.00 8 Prepare an analysis of the existing maintenance costs, funding sources, and the $330.00 impacts of future expansion and or inclusion into existing or future maintenance districts. 9 Prepare a suitability of potential park sites based on the priority goals of the staff. $3,100.00 10 Update the Master Plan illustrations to reflect the existing and proposed facilities. $4,000.00 11 Packa a the Master Plan into a draft and final document for ublication. $7,500.00 TOTAL FEES $47 255.00 Auto travel shall be charged at the current allowable IRS mileage rate. Expenses, such as reproduction of drawings, costs of postage and delivery shall be billed at cost as a reimbursable expense. OWNER as stated above shall bill any work additional to the scope of work in accordance to the Hourly Billing Rate Chart below, upon approval. Hourly Billing Rate Chart Principal (Public or Evening PREPARED BY BMLA, Inc. 3 of6 $200.00 2/15/2008 Agenda Item No. 9 Page 4 of 7 Meetings) Principal $150 .00 Project Manager $125. 00 Assistant Project Manager $100. 00 Landscape Architect $85. 00 Landscape Designer $75. 00 Clerical $45. 00 6.0 EXCLUSIONS The following services are not a part of this proposed scope of work 6.1 Structural Soils Engineering 6.2 Agronomic soils tests and reports 6.3 Structural engineering and calculations 6.4 Building architecture 6.5 Wet and Dry Utilities 6.6 Off-Site improvements 6.7 Environmental Studies 7.0 CONDITIONS 7.1 The CLIENT shall provide all necessary information and documents in the form of surveys, planning reports and drawings as necessary for the LANDSCAPE ARCHITECT to proceed. Plans and reports shall be delivered in a usable electronic form. 7.2 LANDSCAPE ARCHITECT shall maintain regular contact with the CLIENT and their consultants in the interest of coordinating information. 7.3 Engineering fees, Governmental permits and fees, agronomy reports, are not a part of the LANDSCAPE ARCHITECTS fee. Costs for these services shall be billed at cost upon request. 7.4 If the CLIENT finds it necessary to abandon the project, the LANDSCAPE ARCHITECT shall be compensated for all work completed under the SCOPE OF LANDSCAPE ARCHITECTURAL SERVICES according to the schedule of payments designated under the FEE SCHEDULE. 7.5 Additional Services: When requested by the CLIENT, additional services shall be invoiced monthly on the same prevailing hourly rate basis or on an approved fixed fee established when the additional services are authorized. 7.6 Changes requested by the CLIENT after work has commenced shall be made in writing. The cost for changes are not included in the stated fee for service and will be invoiced monthly at the prevailing hourly rates as a separate expense. 7.7 Termination: Either party may terminate upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. The CLIENT may, within fifteen (15) days written notice, terminate at will. In the event of termination due to the fault of others than the LANDSCAPE ARCHITECT or his consultants or Engineers, or in the event of termination by the CLIENT without cause, the LANDSCAPE ARCHITECT shall be paid his compensation for services pertormed to the termination date, including reimbursable expenses then due. Percentages of completion to termination is subject to the CLIENT'S approval; such approval shall not be unreasonably withheld. 7.8 Neither party shall assign or transfer its respective interest herein to a third party without the written consent of the other. 7.9 CLIENT and LANDSCAPE ARCHITECT agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service PREPARED BY BMLA, Inc. 4 of6 2/15/2008 Agenda Item No. 9 Page 5 of 7 acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barzed by applicable law. Mediation fees shall be shared equally. 7.10 ThisAgreement is governed by the law of LANDSCAPE ARCHITECT's principal place of business. 7.11 This Agreement is the entire and integrated agreement between CLIENT and LANDSCAPE ARCHITECT and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both CLIENT and LANDSCAPE ARCHITECT. 7.12 In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. 7.13 Neither CLIENT nor LANDSCAPE ARCHITECT shall assign this Agreement without the written consent of the other. 7.14 Irrespective of any other term in this Agreement, LANDSCAPE ARCHITECT shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another parties' errors or omissions or for another parties' failure to complete their work or services in accordance with LANDSCAPE ARCHITECT'S documents. 7.15 CLIENT agrees to indemnify, defend and hold LANDSCAPE ARCHITECT harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the LANDSCAPE ARCHITECT shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by LANDSCAPE ARCHITECT'S negligent errors or omissions. 7.16 Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. 7.17 CLIENT and LANDSCAPE ARCHITECT waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. LANDSCAPE ARCHITECT'S waiver of consequential damages, however, is contingent upon the CLIENT requiring contractor and its subcontractors to waive all consequential damages against LANDSCAPE ARCHITECT for claims, disputes or other matters in question arising out of or relating to the Project. 7.18 To the extent damages are covered by property insurance during construction, CLIENT and LANDSCAPE ARCHITECT waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. CLIENT or LANDSCAPE ARCHITECT, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. 7.19 Upon the parties signing this Agreement, LANDSCAPE ARCHITECT grants CLIENT a nonexclusive license to use LANDSCAPE ARCHITECT's documents as described in this Agreement, provided CLIENT performs in accordance with the terms of this Agreement. No other license is implied or granted PREPARED BY BMLA, Inc. 5 of 6 2/15/2008 Agenda Item No. 9 Page 6 of 7 under this Agreement. All instruments of professional service prepared by LANDSCAPE ARCHITECT, including but not limited to, drawings and specifications, are the property of LANDSCAPE ARCHITECT. These documents shall not be reused on other projects without LANDSCAPE ARCHITECT'S written permission. LANDSCAPE ARCHITECT retains all rights, including copyrights, in its documents. CLIENT or others cannot use LANDSCAPE ARCHITECTS documents to complete this Project with others unless LANDSCAPE ARCHITECT is found to have materially breached this Agreement. 7.20 CLIENT acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as, but not limited to, irrigation repairs, adjustment and scheduling may result in damage to property or persons. CLIENT further acknowledges and agrees that, as between the parties to this Agreement, CLIENT is solely responsible for the results of any lack of or improper maintenance. 7.21 CLIENT understands and acknowledges that the design and construction process for this Project poses certaio risks to both LANDSCAPE ARCHITECT and CLIENT. CLIENT further understands and acknowledges that the amount of risk that LANDSCAPE ARCHITECT can accept is tied, in part, to the amount of compensation received for services rendered. LANDSCAPE ARCHITECTS fee for the services offered is based on CLIENT'S agreement to limit LANDSCAPE ARCHITECT'S liability as described below. CLIENT further acknowledges that were it not for this promise to limit LANDSCAPE ARCHITECTS liability, LANDSCAPE ARCHITECT'S compensation would need to increase to address the risks posed by this Project. 7.22 LANDSCAPE ARCHITECTS ARE REGULATED BY THE BOARD OF LANDSCAPE ARCHITECTS. ANY QUESTIONS CONCERNING A LANDSCAPE ARCHITECT MAY BE REFERRED TO THE BOARD AT: State of California Department of ConsumerAffairs, Landscape Architects Technical Committee, 400 R. Street, Suite 4000, Sacramento, California 95814, (916) 445-4954. Upon acceptance of this Proposal, please sign and return one signed copy of this agreement. Respectfully submitted, BMLA, INC Baxter E. Miller ASLA, President, License #2136 Signature of Approval Date PREPARED BY BMLA, Inc. 6 of 6 2/15/2008 Agenda Item No. 9 Page 7 of 7 CITY OF ~~~ LADE ~LSIlYOIZE ~~%~ DREAM E,?FTRBMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: MEDIAN MODIFICATION ON MALAGA ROAD- CONTRACT AWARD Background Malaga Road between Diamond Drive and the Diamond Stadium frontage road was completed as a condition of approval on the John Laing Homes residential project. Included in the road improvement was the construction of a landscaped median located between Diamond Drive to the east and the stadium frontage road to the west. Because of the location of the access to lot "A" at Diamond Stadium and the adjacent overflow parking lot "C"driveway, an opening in the median is required. Discussion On February 26, 2008, City Council approved staff recommendation to proceed with the construction process for two left turn pockets on Malaga Road adjacent to the easterly driveway of stadium lot "A" and parking lot "C". Staff proposed using the Street Improvement In-Lieu funds in the amount estimated to be $55,000 for this project. On February 27, 2008, the City received three informal bids from qualified contractors to construct the improvements. The contractors and the prices are as follows: 1. NPG Corporation $41,915.00 2. R.J. Noble Company $51,469.00 3. Roadway Engineering $55,650.00 Engineer's estimate to construct the improvements is $55,000. NPG Corporation is the apparent low bidder and has confirmed the ability to meet the project schedule: Council Consideration of Bid Award March 11, 2008 Begin Construction March 17, 2008 Project Completion March 31, 2008 First Storm Game April 3, 2008 Agenda Item No. 10 Page 1 of 13 Median Modification on Malaga Road March 11, 2008 Page 2 Fiscal Impact The cost of constructing the median opening and two left turn pockets is $41,915. With contingency, construction and administration, the total project estimate is $50,000. Staff is proposing to use the Street Improvement In-Lieu funds to complete this work. Recommendations 1. Award the median modification on Malaga Road to NPG Corporation for the amount of $41,915. 2. Authorize the Mayor to execute the contract with NPG Corporation. Prepared by: David S. Solomon Project Engineer Ken A. Seumalo ~s Director of Public Works Approved by: Robert A. Brady ~ Q,~ City Manager ~!~' Attachments: Vicinity Map Contract Agenda Item No. 10 Page 2 of 13 VICINITY MAP MEDIAN MODIFICATION ON MALAGA ROAD Agenda Item No. 10 Page 3 of 13 CONTRACT DOCUMENTS SECTION 3 TO BE SUBMITTED FOLLOWING AWARD OF CONTRACT Agenda Item No. 10 Page 4 of 13 CITY OF LAKE ELSINORE CONTRACT AGREEMENT This Contract Agreement is made and entered into this day of 20 , by and between the City of Lake Elsinore and as Contractor, for the construction of: CAPITAL IMPROVEMENT PROGRAM Median Island Removal and Construction of Dual Turn Pockets On Mala a St. WITNESETH that the City of Lake Elsinore and the Contractor have mutually agreed as follows: ARTICLE I The Contract Documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, Standard Specifications, Plans, Special Provisions, and all referenced specifications, details, standazd drawings, and appendices, together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. ARTICLE II For and in considerafion of the payments and agreements to be made and performed by the City of Lake Elsinore, Contractor agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. ARTICLE III Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents, and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. By entering into this Contract, the Contractor and each sub-contractor who performs work or supplies goods, services or materials hereby offer and agree to assign to the City of Lake Elsinore all rights, title and interest in and to all causes of action they may have under Section 4 of the C-1 Agenda Item No. 10 Page 5 of 13 Clayton Act (15 U.S.C. 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professions Code) arising from the purchasing of goods, services or materials pursuant to this Contract or any related subcontract. This assignment is made and becomes effective at the time the City tenders fmal payment to the Contractor, without further acknowledgement ofthe parties. ARTICLE N The City of Lake Elsinore hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. ARTICLE V Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions. ARTICLE VI Contractor shall hold the County of Riverside and the City of Lake Elsinore, their officers, agents and employees for and harmless from any liability whatsoever, including wrongful death, based on asserted upon any act or omission of principal, its officers, agents, employees or subcontractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, Owner, County of Riverside and the City of Lake Elsinore, their officers, agents, employees and Independent Architect in any legal action based on any such alleged acts or omissions. ARTICLE VII Contractor affirms that the signatures, titles, and seals set forth herein after the execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein. ARTICLE VIII Contractor and its subcontractors agree to utilize State job classifications for submittal of certified payroll, and further agree to pay all their employees the prevailing wages rates in accordance with the current effective General Prevailing wage Determination make by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, C_2 Agenda Item No. 10 Page 6 of 13 sections 1770, 1773, and 1773.1 for commercial building, highway, heavy constnxcfion and dredging. IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 20 Contractor: By: Subscribed and sworn to this NOTARY PUBLIC: City of Lake Elsinore, By: Attested: Title: City Clerk of the City of Lake Elsinore, Date: City Attorney: day of CA Lic. # 20 Mayor C-3 Agenda Item No. 10 Page 7 of 13 FAITHFUL PERFORMANCE BOND CITY OF LAKE ELSINORE, CALIFORNIA KNOW ALL MEN BY THESE PRESENTS that , as Contractor, and , as Surety, are bound unto the City of Lake Elsinore in the penal sum of Dollars ($ ), which is one hundred percent (100%) of the total contract amount for: Median Island Removal and Construction of Dual Turn Pockets On Mala a Road for the payment of which sum Contractor and Surety agree to be bound, jointly and severally, finely by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed Contract Agreement with City for the above- stated project, if Contractor faithfully performs and fulfills all obligations under the Contract Documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of City, provided that any alterations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either Contractor or Surety, and notice of such alterations is hereby waived by Surety. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20 *Surety: *Provide Contractor/Surety name, address, and telephone number and the name, title, address, and telephone number for authorized representative. Subscribed and sworn to this NOTARY PUBLIC: day of 20 C-4 Agenda Item No. 10 Page 8 of 13 MATERIAL AND LABOR BOND CTTY OF LAKE ELSINORE, CALIFORNIA KNOW ALL MEN BY THESE PRESENTS that as Contractor, and , as Surety, are held and firmly bound unto the City of Lake Elsinore in the penal sum of Dollars ($ ), which is one hundred percent (100%) of the total Contract amount for: Median Island Removal and Construction of Dual Turn Pockets On Mala a Road for payment of which sum Contractor and Surety agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed Contract Agreement with City for the above- stated project, if Contractor or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said Contract or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures, provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either Contractor or Surety, and notice of said alterations is hereby waived by Surety. IN WITNESS WHEREOF the parties hereto have set their names, fitles, hands, and seals this day of , 20 *Contractor: * *Provide Contractor/Surety name, address, and telephone number and the name, title, address, and telephone number for authorized representative. Subscribed and sworn to this NOTARY PUBLIC: day of 20 C-5 Agenda Item No. 10 Page 9 of 13 CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION INSURANCE Section 3700 of the Labor Code provides, in part, as follows: "Every employer except the State shall secure the payment of compensation in one (1) or more of the following ways: A) by being insured against liability to pay compensation with one (1) or more insurers duly authorized to write compensation insurance in this state; or B) by securing from the Director of Industrial Relations a certificate of consent to self- insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees...." The undersigned is aware of the provisions of Secton 3700 of the Labor Code that require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of this Contract. SIGNATURE PRINTED NAME: TITLE: COMPANY: ADDRESS: DATE: (In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2, of the Labor Code, the above Certificate must be signed by Contractor and filed with the awarding body prior to Contractor performing any work under this Contract.) C-6 Agenda Item No. 10 Page 10 of 13 WAGE RATES AND LABOR CODE REQUIREMENTS CITY OF LAKE ELSBVORE, CALIFORNIA WAGE RATES By resolution No. 82-194, the City Council adopted the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773, and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto aze on file in the office of the City Clerk and are available for review upon request. Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5, and 1777.6 of the State Labor Code. Sections 1774 and 1775 require Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires Contractor and all Subcontractors to keep accurate payroll records, specifying the contents thereof, their inspection and duplication procedures, and certain notices required of Contractor pertaining to their location. APPRENTICES Section 1777.5 requires Contractor and all Subcontractors employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a Certificate of Approval. The Certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. Contractor is required to make contributions to funds established for the administrafion of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site aze making such contributions. Information relative to apprenticeship standazds, contributions, wage schedules, and other requirements may be .obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. COMPLIANCE The above Labor Code Secfions will be a part of the Contract Documents. It shall be the responsibility of Contractor to comply with all such sections. C-7 Agenda Item No. 10 Page 11 of 13 CLAYTON ACT AND CARTWRIGHT ACT Section 4551 of the State Government Code specifies that in executing a public works contract with City to supply goods, services, or materials, Contractor and all Subcontractors offer and agree to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C., Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services, or materials pursuant to the Contract or subcontract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgment by the parties. COPELAND "ANTI-KICK-BACK" ACT All contracts for constructoon or repair shall include a provision for compliance with the Copeland "Anti-Kick-Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides that Contractor and all Subcontractors shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise enfitled. The participant shall report all suspected or reported violations to the State. CLEAN AIR ACT OF 1970 AND FEDERAL WATER POLLUTION CONTROL ACT Contracts of amounts in excess of one hundred thousand dollars ($100,000.00) shall contain a provision that requires recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 and the Federal Water Pollution Control Act, as amended. Violations shall be reported to the Service and Regional Office of the Environmental Protection Agency. POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIII Agenda Item No. 10 Page 12 of 13 INSURANCE ENDORSEMENT FORM ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 (Including its appointed and elected officials, officers and employees.) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in this section, but only with respect to liability arising out of "your work" for that insured by or for you. 1. Except with respect to the limits of insurance and any rights or duties specifically assigned in this coverage part to the first named insured, this insurance applies. a. As if each named insured were the only named insured, and b. Separately to each insured against whom a claim is made or suit is brought. 2. This insurance shall be primary insurance as respects the interest of the City, and any other insurance or self-insured programs maintained by the City is excess of the policy limits and not contributing insurance with the insurance required. 3. Written notice shall be given to the City at least thirty (30) days prior to termination, cancellation, or reduction of coverage or coverage limits in the policy or the period of coverage. INSURANCE COMPLNY NAME: SIGNED BY: Authorized Insurance Company Representative Additional Insured. The Certificate of Insurance supplied to the City shall name it's employees, agents and independent contractors as additional insured and shall specify that the City of Lake Elsinore be given thirty (30) days prior written notice of any modification, decrease or termination of the Contractor's insurance coverage. Such insurance shall be subject to approval by the City. iX Agenda Item No. 10 Page 13 of 13 CITY OF LADE(~LSII`IO DREAM E~TREME~ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: GRANT OF EASEMENT TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT Background Elsinore Valley Municipal Water District (EVMWD) is in the process of upgrading their sewer system and an integral part of this system follows Lakeshore Drive from the San Jacinto Bridge to Spring Street to Minthorn Street. The transition from Lakeshore Drive to Spring Street is proposed to be along existing right-of-way which now belongs to the City. EVMWD. is asking the City for an easement to utilize the existing right-of-way to construct and maintain their sanitary sewer line. In order to accommodate the sewer line, EVMWD on behalf of Southern California Edison, is also requesting an easement for the Edison facilities as they will need to be relocated to construct the sewer line. Discussion The proposed alignment for the sewer line coincides with the alignment of the historic railway right-of-way which now belongs to the City. EVMWD is requesting a construction and permanent easement along this right-of-way to connect the sewer line from Lakeshore Drive to Spring Street. They are also requesting an easement for Edison facilities to be relocated to such that the sewer line can be constructed and maintained. The line will enter into this easement at the corner of Main Street and Lakeshore Drive, traverse northwesterly to the intersection of Library and Line Streets and continue northwesterly to the corner of Spring and Limited Streets. Staff will continue to work with EVMWD regarding the schedule and traffic control once construction begins. Fiscal Impact There are none. All costs related to this easement shall be the responsibility of Elsinore Valley Municipal Water District. Agenda Item No. 11 Page 1 of 18 Grant of Easement to EVMWD March 11, 2008 Page 2 Recommendation Authorize the City Manager to process the easement documents and instruct staff to forward the document to the County for recordation. Prepared by: Ken Seumalo tis Director of Public Works Approved by: Robert A. Brady,( l~ City Manager ~/~J Attachment: Easements Vicinity Maps Agenda Item No. 11 Page 2 of 18 Aecoidigg~ requested try and when recorded return ro: Engineering Dept. Elsinore Valley Municipal Water District PO Box 3000 Lake Elsinore, CA 92531-3000 nrN: s7s-IS1-o1s,-o1a rxempt-Gov't Code 6163 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument is hereby accepted by the undersigned Agency on behalf of the Board of Directors of the Elsinore Valley Municipal Water District pursuant to authority conferred by Resolution No. 649 adodpted by said Board November 17, 1980 and the grantee consents to recordation thereof by its duly authorized officer. Ronald DOCUMENTARY TRANSFER TAX No Documentary Transfer Tax due - Grantee is a public agency (Rev. & Tax. Code Section 11922) GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, C~FFY OF LAKE ELSINORE, Grantor, hereby grants to the ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a public agency, Grantee, and assigns, the following described easement and rights in and upon that certain real property located in the City of Lake Elsinore, County of Riverside, State of California, described on Exhibits "A", Legal Description, and "B", Plat Map, attached hereto and by this reference made a part hereof. An easement in, upon, over, under and across the property described on Exhibits "A" and "B" attached hereto for construction, reconstruction, replacement, repair, maintenance and use of an access mad and a pipeline for sanitary sewer line purposes together with all necessary fixtures and appurtenances at such locations and elevations, upon, along, over and under said real property as Grantee may now or hereinafter deem convenient and necessary, together with the right of ingress thereto and egress therefrom, to and along said easement by a convenient route or mutes in, upon, over and across the said described property. Grantee shall have the further right to use during the construction such areas herein granted as may be reasonably necessary for the performance of the work and for access to the work during construction. 1Yt005`OSOB5LLeaalspie~sVY]3181-013, 01411]}161-013, 014PE.tloc Agenda Item No. 11 Page 3 of 18 While in effect, Grantor shall not erect any building, fence or other structure upon said easement which will in any way interfere with Grantee's rights and operations hereunder. Grantor shall not increase or decrease or permit to be increased or decreased, the now existing ground elevations of said easement without the prior written consent of Grantee. Grantee shall make every effort to cooperate with other utilities in sharing the use of the easement herein granted provided that such sharing will not adversely affect Grantor's use of the easement as described herein. This instrument shall be binding upon and encumber the benefit of the successors and assigns of Grantor. IN WFFIVESS WHEREOF, Grantor has caused this instrument to be executed this day of , 20_ GRANTOR GRANTOR State of California ) County of Riverside ) ss. On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) subscribed to the within instrument, and aclrnowledged that _ executed the same, in his/her/their authorized capacity WITNESS my hand and official seal Notary Public in and for said County and State L1200.5~05085~Le0eISp19~sLi~}181-013, OtA31}161-013, 011-0E.EOc (signature) (Print Name, l4tle) (Company Name) (Street Acklr'css) (City, State, Zip) (Siglature) (Prim Name, Title) (Company Name) (Street Address) (City, State, Zip) Agenda Item No. 11 Page 4 of 18 IN THE CITY OF LAKE ELSINORE, EXHIBIT "B" COUNTY OF RIVERSIDE, SHEET 1 OF 1 STATE OF CALIFORNIA \~ / I L.EGEND~ b \ 3/ 30 ® EASEMENT \~ M'~, ~~ ' p0 `~~. ~ @ ~o _ s ~o \ ,~~,~ - ( ;; v\ W (RJ 5 .~ . ~RY S~~ ~ \~ R=1345.40' sSpa "3 ~ ~.~? _"~ ~ 0=00'14'53" ~, ss y. o ~/ r .~ 0, ~ 2 L=5.82' "1~l' yy sry!i~, a ^ "3i ti o,•, ~; ~ 7 E T. SAN. SEWS .c~°;. •SS!S `~o ~ ~ EAS~MENT P~R'DOC \ ~,°;~ ~ SiG32'50"E f` ~v_~ GpT S os ~" 0. 1989--~6334~ A ~~ 3.09' [(/~ r';% ~ ~ s ~I ti0 i' \ N79'41'12"W P.O.B. ~[/ ~ ~ \ oo p FALD'S 2yLYADDITI 0.80' ~~ Gpr a ~ v~ d, 11L~-z ~o~ e , \ o DETAIL ~ / ~• ~,, ~ 1 •yo ~ NOT TO SCALE ~/ TOWN 6F ELSIN¢RE ~ ~ MB 6302 / / °Q ~ / / ~ / ro 3p/30 ro ~ / ~ ~ / o / / ^ ~ / ~ ~ / ° i o / ~ ! ~ ~ ` / a \~ ~,' PARCEL 'A" / / / ~ ° ~ /.. ~•e~ a o / i PARCEL 'B" \ /'~ `%' 548'30'15"E o 28.91' o ~-~ / S45'46'35_wSdZ, ,, ~`~ ~ SEE DETAIL M RA~~pAD q~N ~ _ ~oz'so"W ss.s VE ~ _ ~ _ '~ P.O.B. N79'41' ~ - ~., 12"w 7.59• ~ ~~ \~~. N ~ \ `\ , ~ ~`~. 100 0 100 ~ GRAPHIC SCALE \ SCALE: 1 "=100' ~ PREPARED BY: PREPARED FOR: EVMWD ~ P~ Associated Engineers, Inc. LAKESHORE TRUNK SEWER MAIN ~ 3311 EAST SHELBY STREET • ONTARIO, CA 91764 ApN 0373-161-013 & -014 N"e TEL. (909) 960-1982 •FAX: (909) 947-0891 n........,a,. ~a..~ n~_ ~a rays ~ vl to Recording requested by and when recorded return to: Engineering Dept. Elsinore Valley Municipal Water District PO Box 3000 Lake Elsinore, CA 92531-3000 APN: 374-272-OI I & -013 Exempt-Gov't Cade 6103 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument is hereby accepted by the undersigned Agency on behalf of the Board of Directors of the Elsinore Valley Municipal Water District pursuant to authority conferred by Resolution No. 649 adodpted by said Board November 17, 1980 and the grantee consents to recordation thereof by its duly authorized officer. Ronald DOCUMENTARY TRANSFER TAX No Documentary Transfer Tax due - Grantee is a public agency (Rev. & Tax. Code Section 11922) GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, CITY OF LAKE ELSINORE, Grantor, hereby grants to the ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a public agency, Grantee, and assigns, the followil~ described easement and rights in and upon that- certain real property Located in the City of Lake Elsinore, County of Riverside, State of California, described on Exhibits "A", Legal Description, and "B", Plat Map, attached hereto and by this reference made a part hereof. An easement in, upon, over, under and across the property described on Exhibits "A" and "B" attached hereto for construction, reconstruction, replacement, repair, maintenance and use of an access -road and a pipeline for sanitary sewer line purposes together With all necessary fixtures and appurtenances at such Locations and elevations, upon, along, over and under said real property as Grantee may now or hereinafter deem convenient and necessary, together with the right of ingress thereto and egress therefrom, to and along said easement by a convenient mute or routes in, upon, over and across the said described property. Grantee shall have the further right to use during the construction such areas herein granted as may be reasonably necessary for the performance of the work and for access to the work during construction. ~~se~s~~w~,..~,~„~,..~-a++~E~ Agenda Item No. 11 Page 6 of 18 While in effect, Grantor shall not erect any building, fence or other structure upon said easement which will in any way interfere with Grantee's rights and operations hereunder. Grantor shall not increase or decrease or permit to be increased or decreased, the now existing ground elevations of said easement without the prior written consent of Grantee. Grantee shall make every effort to cooperate with other utilities in sharing the use of the easement herein granted provided that such sharing will not adversely effect Grantor's use of the easement as described herein. This instrument shall be binding upon and encumber the benefit of the successors and assigns of Grantor. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 20_. GRANTOR: (signah]re> (Paint Name, Title) (Company Name) (Street Address) (City, Sfate, Zip) GRANTOR: (Signature) (Print Name, Title) (Company (Street Address) (City, State, Zip) State of California ) County of Riverside ) ss. On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed the same, in his/her/their authorized capacity WITNESS my hand and official seal Notary Public in and for said County and State L:12005b6WSLepelcge~al9]42]2-011b]L2]2-MIFEAOC Agenda Item No. 11 Page 7 of 18 IN THE CITY OF LAKE ELSINORE, EXHIBIT "B" OUNTY OF RIVERSIDE SHEET 1 OF 1 C , STATE OF CALIFORNIA / 53pS578f I \~~ \ m S oe\ L/l~I/ / ~ R ~ ~. o i 1. , ~ ~FFT /~. O ~ ~, ~ I ~ \ "`~ ~ i ~ i I V `~ a ^o 2 =^ ~/ 111 EXIST. SAN. SEWER Q / o~ ,gyp I EASEMENT PER Cr3' ~ /I / Do / z I 19 0 1 1 ,( I N o I i $ wl N I o /o~ 9 i N o~11 6 R 1~-~0 I ~ N M ~ ~ I N 1p HEALD'S SUBDIVISION 1 ~~ I I \ I ~1 \ 1 ~~ \ \ ~_ ', 1 ~ ~5~.p \ wR)IZ \ \S77.45~47" ~ , W ~ ~ `QO ~ 1 ~ J1 LEGEND ~ N w N ® EASEMENT ~ N S.D. CO.= SAN DIEGO COUNTY L0~ 2 , ~ ~ `~ ~ c \ \ O ~.0~ 1 ~ o ~~e~gAY S~o•,4, ~ S 22 w(R) ~ `F~~• s ~0•ss 43, ~B,W~ PREPARED BY: y ~~ Associated Engineers. Inc. 3311 EAST SHELBY STREET • ONTARIO, CA 91764 F^~ TEL. (909) 980-1982 •FAX: (909) 94T-0891 'Yr. L\~~\~5~1.pale-Plals~3>1-Y]Y-011314-92-Otl-PEAa9 Jui 1Z, 30D] C N 0. ~ ~o~ 8 / 89-208852 ~ \ \ PER ~o~ ~ ~ G ~ M p,P ~S~NOR o / ~NOFESO.c 6 6' ~p2 ~-°~ 6 \ \ ~ ; \ ~~~^ ~•45~36"W / vJ 0~ A '~ L ~ G ~ / \ ~0~ ~ ~ \\ ~~ i \ "~ ~\ ~ M / so o so '' o ~ \° GRAPHIC SCALE / SCALE: 1"=60' PREPARED FOR: EVMWD LAKESHORE TRUNK SEWER MAIN APN 0374-272-011 & -013 raye o ui i o Recovxlingrequested by and when iccobded return ro: Engineering Dept. Elsinore Valley Municipal Water District PO Box 3000 Lake Elsinore, CA 92531-3000 APN: 373-161-013,-014 FScemyt- Godt Code 6103 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument is hereby accepted by the undersigned Agency on behalf of the Board of Directors of the Elsinore Valley Municipal Water District pursuant to authority conferred by Resolution No. 649 adodpted by said Board November 17, 1980 and the grantee consents to recordation thereof by its duly authori2ed officer. Ronald DOCUMENTARY TRANSFER TAX No Documentary Transfer Tax due - Grantee is a public agency (Rev. & Tax. Code Section 11922) GRANT OF TEMPORARY CONSTRUCTION EASEMENT This easement shall expire at midnight on March 31, 2010. FOR VALUABLE CONSIDERATION, CITY OF LAKE ELSINORE, Grantor, hereby grants to the ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a public agency, Grantee, and assigns, the following described easement and rights in and upon that certain real property located in the City of Lake Elsinore, County of Riverside, State of California, described on Exhibits "A", Legal Description, and "B", Plat Map, attached hereto and by this reference made a part hereof. A temporary easement in, upon, over, under and across the property described on Exhibits "A" and "B" attached hereto for construction purposes, together with the right of ingress thereto and egress therefrom, to and along said easement by a convenient route or routes in, upon, over and across the said described property. bK005`P9CBSLLepalsWabV]Y101-019. O1dVT116U0f3, 014TCE.px Agenda Item No. 11 Page 9 of 18 While in effect, Grantor shall not erect any building, fence or other structure upon said easement which will in any way interfere with Grantee's rights and operations hereunder. Grantor shall not increase or decrease or permit to be increased or decreased, the now existing ground elevations of said easement without the prior written consent of Grantee, Grantee shall make every effort to cooperate with other utiliries in sharing the use of the easement herein granted provided that such sharing will not adversely affect Grantor's use of the easement as described herein. This instrument shall be binding upon and encumber the benefit of the successors and assigns of Grantor for the duration specified herein. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 20_. GRANTOR: (SignattLre) (Print Name, lltle) (Company Name) (Street Address) (City, State, Zip) GRANTOR: (Signature) (Print Name, 73ae) (Company Name) (Street Address) (City, State, Zip) State of California ) County of Riverside ) ss. On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that T executed the same, in his/her/their authorized capacity WITNESS my hand and official seal Notary Pubic in and for said County and State L:@QOSIDSMSLL¢pelcgN¢l9)3161-619, 61NT4101-013, 014TCE.EOC Agenda Item No. 11 Page 10 of 18 IN THE CITY OF LAKE ELSINORE, EXHIBIT "B" COUNTY OF RIVERSIDE, SHEET 1 OF 1 STATE OF CALIFORNIA ' /~ o \ ,~ ~\P ?pB ~ ~h T,pO LEC,END~ \ /Jq~ „~q"~ \ ~^,~ PqR °~ ~0 30 ® TCE EASEMENT B S~p•S5, tt 8" _ i e3; N , GOr s i \Z y /i l3/ GO ~ ~(IST. SAN. SEW~F ' ~ ~ EASEMENT PER DO \ la,~ CO \ \ ~~ ~ Nb. ~98~-363344 A `~ T '~i ~ S P ~r1 ~'~~ ~ \ \A . b HEALD'S 2N6ADDI Of~k\ ~l .`~ GOr t~, ~ ~. MB 1/32 ~ ~ 0 3 0~ \ v\ ,~ 2 ~ \'y0 p •3'•• c'~ poi i ~' ~ ~0 ~ ~l2 l l \9. rr.i gyp"( ~/ TOWN (hF ELSINO~E so ` ,` ~ ~ , MB 662 / s !S \\~5r ~ ti / '3p~ ~ l ^ i l ~' '~ i w~~ o / CE~ +Bs ~ \ /o~ 544'11'35"W ~R~ -~ - . - S45'Q6'35" ~'1 ,~ ~ ~_` N79'41'ip"W wld1, ~ S50'04'11"E KESHpRE ~ -. _ Sg4_27' 65.44' q y~N ~ _ _ 43"W fR ; . UE ; = - q= ~ 1576\ \~ N ~ ~ ~~ ~~~` 100 0 100 \ \ ~ GRAPHIC SCALE \ SCALE: 1 "=100' ~ PREPARED BY: PREPARED FOR: EVMWD ~ Associated Engineers. Inc. LAKESHORE TRUNK SEWER MAIN ~ 3371 EAST SHELBY STREET • ONTARIO, CA 91764 APN 0373-161-013 & -014 FN TEL. (909) 980-1982 •FAX: (909) 941-0891 ,46e FYee L\RODS\O:a065\Leede-elels\313-161-013. 04\93-18f-014-TrE_Jrn .an tl_ ]OOl Page 11 of 18 Recording requested by and when recorded return to: Engineering Dept. Elsinore Valley Municipal Water District PO Box 3000 Lake EIsinore, CA 92531-3000 APN: 374-272-011 & -OI S Fxemtrt- Godt Code 6103 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this instrument is hereby accepted by the undersigned Agency on behalf of the Board of Directors of the Elsinore Valley Municipal Water District pursuant to authority conferred by Resolution No. 649 adodpted by said Board November 17, 1980 and the grantee consents to recordation thereof by its duly authorized officer. DOCUMENTARY TRANSFER TAX No Documentary Transfer Tax due - Grantee is a public agency (Rev. & Tax. Code Section 11922) General Mans Y MUNICIPAL GRANT OF TEMPORARY CONSTRUCTION EASEMENT This easement shaft expire at midnight on March 3I, 2010. FOR VALUABLE CONSIDERATION, CFTY OF LAIC; ELSINORE, Grantor, hereby grants to the ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a public agency, Grantee, and assigns, the following described easement and rights in and upon that certain real property located in the City of Lake Elsinore, Courtly of Riverside, State of California, described on Exhibits "A", Legal Description, and "B", Plat Map, attached hereto and by this reference made a part hereof. A temporary easement in, upon, over, under and across the property described on Exhibits "A" and "B" attached hereto for construction purposes, together with the right of ingress thereto and egress therefrom, to and along said easement by a convenient route or mutes in, upon, over and across the said described property. ~,~,~•~•ae4,~r,.~-0»~»•-~aa~ Agenda Item No. 11 Page 12 of 18 While in effect, Grantor shall not erect any building, fence or other structure upon said easement which will in any way interfere with Grantee's rights and operations hereunder. Grantor shall not increase or decrease or permit to be increased or decreased, the now existing ground elevations of said easement without the prior written consent of Grantee. Grantee shall make every effort to cooperate with other utilities in sharing the use of the easement herein granted provided that such sharing will not adversely effect Grantor's use of the easement as descn'bed herein. This instrument shall be binding upon and encumber the benefit of the successors and assigns of Grantor for the duration specified herein. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this day of , 20,. GRANTOR: (Sigmture) (Print Name, Title) (Company Name) (Street Address) (City, State, Zip) GRANTOR: (Signature) (Print Name, Title) (Company Name) (street Address) (City, State, Zip) State of California ) County of Riverside) ss. On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed the same, inhis/her/their authorized capacity WITNESS my hand and official seal Notary Public in and for said County and State evna~nsaesa~awm~u,.-~aa++~~+=~=~o++•*eE.ae= Agenda Item No. 11 Page 13 of 18 IN THE CITY OF LAKE ELSINORE, EXHIBIT "B" COUNTY OF RIVERSIDE SHEET 1 OF 1 ,~/ ~/ ~/ n~j `~ ~/ STATE OF CALIFORNIA / 589'30'26"W~R~ , 9.2 SO D 3gB l,gg, 28Oq ~2\F 7 6 7 PgR~e, 0\'1'II T~D S T/~~CFr Q ~ D 11 D \8g• s46 w(Q~ jOSS,'8,F ~ ~ \ QQ II ~ V J ~.~~ 1o W ~ 1 ~ \ 1 w N (nl O'II / ~ 1 N 0 ~ w vo ~1 N 1 ~~ 11 r ~-~~ 9 EALD'S SUBDIVISIO B~/54 S.D. CO ~ ~o~ ~ \ \ PRG~~, P ~` ~P ~ 577'45 g7-W~R~- LPGEND~ \ ® TCE EASEMENT S.D. CO SAN DIEGO CQUNTY / ~0~ 2 S~0•~ ,'6 F ~OZ 1 EXIST. SAN. SEWER $ / EASEMENT PER ~0~ DOC N0. ~ 1989-208852 ~ / ER p~ ~ P g~00 ~ M FP ~S~C ~(RPC OF ~ C MgN~p2 5 •B\ P P~GE~. _.~ \~` w .o ~p1; L / ORE / G0. OZ 6 /',~. 5 /~ /~ /~ / / / I eR ,.~ ~, Y C1 ~?iy~~ ~ ~ Ub//~/ 60 0 60 T __/ \ \ \~\ 330j ~ _ __ /'_%/ GRAPHIC SCALE: 1"=60' SCALE ~~ JT PREPARED BY: PREPARED FOR: EVMWD ~ ag Associated Engineers. Inc. LAKESHORE TRUNK SEWER MAfN 3311 EAST SHELBY STREET ONTARIO, CA 91764 „F~vo.e TEL. (909) 980-1982 •FAX: (909) 941-0697 - APN D374-272-011 & -013_. Page 14 of 18 RECORDING REQUESTED BY SOUIFI1il2N CALIFDI2NIA E~isoN WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Corporate Real Estate 14799 Chestnut Street Westminster, CA 92683-5240 Attn: Distribution/TRES GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX $ NONE NALUE AND CONSIDERATION LESS THAN $100.00) San Jacinto Valley 6377-6764 7-6741 SCE Company FIN 546-1671-! pppROVEO: GIG.OF DECLARRNT OR AGENT DETERMINING TA% FIRM NFME APN 373'161-01 J, 014 CORPORATE SLS/SM 07JI9~07 RFAI ESTATE THE CITY OF LAKE ELSINORE, a Municipal Corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of poles, guy wires and anchors, crossarms, wires, and other appurtenant fixtures and/or equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents and employees, the right of free access to said systems and facilities and every part thereof, at all times, for the purpose of exercising the rights herein granted, and the right to clear and to keep clear the above described real property, free from explosives, buildings, equipment, brush, combustible material and any and al] other obsnuctions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantee, may endanger said systems and facilities, or any par[ thereof, or interfere with the exercise of the rights herein granted- EXECUTED this _ day of , 20_ GRANTOR THE CITY OF LAKE ELSINORE, a Municipal Corporation (Print Agenda Item No. 11 Page 15 of 18 State of California County of On before me, (here insert name and title of the officer) personally personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) DSE07173416 Agend~fl~R~-fit Page 16 of 18 Exhibit "A" Sheet 1 of 1 LEGAL DESCRIPTION for Southern California Edison Easement (APN 373-161-013, 014) PARCEL "A" In the City of Lake Elsinore, County of Riverside, State of California, being a portion of Lots 1, 2, 3, 4, 5, 6 in Block 1 of the Town of Elsinore, recorded in Book 6, pages 302 of Maps, and Lots 3, 5, 7 & 9 in Block 2 of Heald's Second Addition to Elsinore, recorded in Book 1, Page 32 of Maps, Official Records of San Diego County, more particularly described as follows: BEGINNING at the most northerly corner of said Lot 9; thence along the westerly line of said Lot 9, South 19° 02' 09"West 58.20 feet to anon-tangent curve concave northeasterly and having a radius of 1405.08 feet, to which point a radial line bears South 64° 20' 48" West, said curve being concentric with and 30.00 feet southwesterly of the centerline of the Elsinore, Pomona and Los Angeles Railway, said point being the TRUE POINT OF BEGINNING; thence southeasterly along said curve through a central angle of 19° 53' 05" and an arc length of 487.64 feet to anon-tangent line, to which point a radial line bears South 44° 27' 43" West, said line being the southerly line of said Lot 2; thence along said. southerly line, South 79° 41' 12" East 17.96 feet to the beginning of anon-tangent curve concave northeasterly and having a radius of 1395.08 feet, to which point a radial line bears South 43° 51' 06" East; thence northwesterly, along last said curve, through a central angle of 20° 54' 42" and an arc length of 509.17 feet to said westerly line of Lot 9, to which point a radial line bears South 64° 45' 48" West; thence, along said westerly line, South 19° 02' 09" West 14.27 feet to the TRUE POINT OF BEGINNING, containing approximately 4,984 square feet. See Exhibit "B° for a plat depicting the above described property. This description prepared under my direction: a s L Elli t , L.S. 6334, Exp. 12-31-2008 N0.6334 70 Fj~plt-31-t$ ~ L:~2005105065LLegals-plats~3~&767-073, 0743]&761-073, 074Erhibi4ASCE.doc T~h ~ ~7 Date Agenda Item No. 11 Page 17 of 18 IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ~ / ~'.~ \ ~~ ~~ , ~_\ ,~ / EXHIBIT "B" SHEET1 OF1 / I LEGEND p~e .gyp ~~ ® SOUTHERN CALIFORNIA Ve EDISON EASEMENT _ ~Rr s \ rpoe CAF , for ~ \~~2 iii N /^ 0~ ~ ~~~~ ~ 0 ~ °' ~ i1 \~ \ I to ~// \~ I i ~~ 's ~ ~I HEALD'S AND AD ITIOf~ GO o MB~t-/.~2 p- , 0 3 .o~ a l C~ Z ~ ~ \g0 /~/ o ~~ ~- ~~ 3~ , CL ELSINORE ~ °j / .~ `'o. ~~ o'~ ~ POMONA AND _ / / 'fl• s>T. ~ ~ LOS ANGELES ~/ TOWN dF ELSINC~2E s'~s '~'~\ / ~ RAILWAY ~, MB 6302 / / ~ ~ / o ~ / 3 p, / / l `\ So9 \ / o / 1 lap • ~ / ,\ l ~ '~> >>. ~ l \ ~ / O / h / +n / l` N ~ O / ~ / W 6 \ / / v / JO ~ ~ / aT ~s> ` / O i / / / ~ /O~ ?R mss, ~ / / / /~ 6 ~ .~ o l i / o ~ o / o \ ,. Rl. ~KEgHO~_ sa~•i2~, \ A~ E ~ . _ ~zss• \ \\ ~ \\~\ I ~ ' ~ ~~. goo o ioo \ \ ~\\ GRAPHIC SCALE `\ \ SCALE: 1 "=100' ~ PREPARED BY: PREPARED FOR: EVMWD ~ Associated Engineers. Inc. LAKESHORE TRUNK SEWER MAIN a~ 3317. EAST SHELBY STREET • ONTARIO, CA 97764 °;°A'•oas TEL. (909) 980-1982 •FAX: (909) 9ai-oa9i APN 0373-161-013. 014 • A........J.. IL....... ~1.. A A rage la or Ia CITY OF ,~~ LADE ~ LSIlY01~E ~ ` DREAM EfCTREME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: PROFESSIONAL SERVICES AGREEMENTS WITH VISION INTERNET PROVIDERS, INC. FOR WEB SITE DEVELOPMENT, MAINTENANCE SERVICES AND WEB SITE HOSTING Background Last December; the City Council authorized the City Manager (or designee) to prepare a project scope of work and professional services agreement with Vision Internet for new Web site development and hosting. The final scope of work and related service agreements are presented for Council approval. Discussion The Web site replacement project is the foundation of the City's E-Services & Online Initiative as defined in the City's 2003 E-Government Strategy and Implementation Plan. On December 11, 2007, the City Council authorized the City Manager to negotiate a final scope of work and service agreement with Vision Internet Providers, Inc. of Santa Monica for Web site replacement and related services. Vision Internet was ranked as the most qualified vendor among several that responded to the City's Request for Qualifications (RFQ). Project milestones reached to date include: 1. Vendor selection 2. Project team assembly 3. Kickoff meetings with all departments Agenda Item No. 12 Page 1 of 36 Professional Services Agreements with Vision Internet Providers, Inc. March 11, 2008 Page 2 4. Content needs assessment forms to all departments and divisions 5. Final scope of work 6. Final contract package The attached agreements are the consultant's standard form service agreements and have been reviewed by the City Attorney. Highlighted professional services include: Website Development Services Agreement: Web site consulting, development, Content Management System tools and training are under the base proposal. The final scope of work has been expanded to include a City Intranet site and Extranet. An Intranet is an organization's internal Web site and an Extranet is for select external users, such as consultants, and vendors, who can be given secure authorization to access internal data, technical materials, or special resources normally reserved for staff; Website Hosting Agreement: By renting Web server capacity on a monthly basis through Vision Internet for Web site hosting, the City can defer any additional cost for network upgrades, purchasing a new server and related software licensing; Annual Maintenance Services Agreement: Webmaster services, graphic design, custom programming services and related support are provided at a bundled block rate; Project Schedule: Development to launch of the public Web site is estimated at 15 to 26 weeks, depending on content. Intranet site development is concurrent with the schedule above, though our first priority is launching the main Web site by early summer. Fiscal Impact Sufficient funding is available in the 2007-2012 CIP ($85,000 for Web site and a-gov services, project ID GEN-0027). The project budget, including first 12 months of support and hosting costs, is summarized below. Parts B and C, recurring costs, are annual operating expenses; hence, are not a part of the Web site CIP budget. NO. DESCRIPTION COST Part A Web site Development $52,870 " Intranet, Extranet, optional site functionality 25,670 ' Past B ~~; Estimated Annual 11~i amep~ ance Serui a :; ~ £,` p ~:~~ 12 000 , ~ . t _, ~ * , , } ; ";;~ X ~ E~ k rt C P } 1'i~W,,: •rc+ 4 R 4 vxF .~ thl ~-b ~ ~ i x k k y 'r- ~ ~ ~ 0 < a M on yF ~s~ite hos~(ng 12;:months a s ~ 0;`. 2 4 ~,, t ~ , ~ ~ , CIP TOTAL Less operating costs shaded above $78,540 Agenda Item No. 12 Page 2 of 36 Professional Services Agreements with Vision Internet Providers, Inc. March 11, 2008 Page 3 Recommendation Authorize the City Manager to execute three professional services agreements for Web development, annual maintenance and site hosting with Vision Internet Providers, Inc. of Santa Monica, California. Prepared by: Mark Dennis"~ ,(~- Information/Communications Manager Approved by: Robert A. Brady City Manager Agenda Item No. 12 Page 3 of 36 Mar O5 2008 3:59PM VISION INTERNET 13106563103 Website Development Services Terms and Conditions 1. This Terms and Conditions, and any attachment signed by the Parties attached hereto, represent the complete agreement and understanding ("Agreement") between Vision lnternet Providers Inc. ("Contractor"), a California corporation, and City of Lake Elsinore ("City"), and supersedes any other written or oral agreement with regazd to the website developmenrt services provided for herein. Any modification of this Agreement is valid only if the modification is in writing and signed by both Parties. City and Contractor are sometimes individually refermd to as "Party" and collectively as "Parties." 2. Contractor x211 provide the following services to City in exchange for payment of fees and compliance with the terms and conditions of this Agreement. This Agreement, City activities and all discussions regarding City website development shall be treated as confidential and shall not be disclosed to parties other than representatives of Contractor and the authorized representatives of City. 1t is agreed that a designee of City, Toby Soto, will be project manager, with decision making authority on behalf of City, for purposes of this Agreement. 3. Contractor agrees to perform Website Development as described in "Attachment A" at a price of $78,540 as described in "Attachment B". (a) City agrees to pay Contractor as follows: (i) An initial payment equal to 20% of the total cost; (ii) A payment equal to 20% of the total cost upon City approval of the site map; (iii) A payment equal to 20% of the total cost upon Ciry approval of homepage design comp; (iv) A payment equal W 20% of the total cost upon implementation of the Vision Content Management Tool on a Contractor's server; (v) A payment equal to 20% of the total cost upon completion of the website and City approval. 4. Documents & Data: Licensing of Intellectual Procerty: This Agreement creates a non-exclusive and perpetual license for City to copy, use, or modify for its own use, any and all copyrights, designs, and other intellectual property embodied in this website, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents 8t Data"), to which Contractor retains ownership of all intellectual property rights. City understands that Contractor shall retain all right, title, and interest to the Vision Content Management Tool and Dynamic and Interactive Components. 5. Contractor shall provide at no additional charge, monthly website maintenance and updates ("Maintenance") for up to five hours each month for a period of three months commencing on the date of the website launch. Maintenance beyond five hours per month in the first three months is deemed optional services. Optional services and maintenance after the first three months are considered Extm Work as described in Paragraph 6. City's Inidats_ Contractor's lnitials~' Agenda Item No. 12 Page 4 of 36 Mar 04 2008 5:O1PM VISION INTERNET 13106563103 p.2 6. Additional services not covered in this Agreement and extra hours will be presented to City for approval prior to commencement of work ("Extra Work"). Extra Work will be billed at Contractor's prevailing hourly rotes, which are currently as follows: HTML Programming, Content Migration, $85lhr; Graphic Production $95/tu; Quality Assurance, Testing, Debugging, Technical Support, Webmaster Senflces, $105/hr; Consulting, Project Management, Database Design, Dynamic Programming, $135/lu; Gmphic Design, Training, $125/hr; Straight flatbed scanning will be billed at $]0 per scan. Touch up work to images ~dll be billed at the Graphic Design hourly rate. City shall be responsible for say or all additional fees including, without limitation: photography, stock images, illustration, scanning, software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and foes to any third party vendors if applicable. 7. City shall supply all information to Contractor in digital format including without limitation copy, text, audio files, video files, pdf files, photographs, artwork and preexisting graphics. 8. City understands that Contractor will develop website frontend to be compatible with Internet Explorer 6.0 and 7.0 and Firefos 1.5 and 2.0. Website backend will be compatible with Internet Explorer 6.0 and 7.0. Website may not be compatible with previous or future versions. Website will be optimized for 800x600 pixels resolution or above. City understands that the website will be developed with Hypertext Mazkup Language {"HTML"), JavaScript, and Microsoft ASP.NET ("MS-ASP") interfaced with a database created in Microsoft SQL Server 2005 ("MS-SQL"). Ciry understands that the website is developed to nw on a Microsoft Windows 2003 Server ("MS-Server"), Gity is responsible for the costs of all software licensing. Cityunderstands that the website frontend will be designed to be compliant with Section 508 guidelines on accessibility. Content migrated into the website by Contractor will also be compliant. Compliance standards will be verified via Watchfire's BobbyTM software prior to Completion. City understands that website backend and third parry tools may not be Section 508 compliant. 9. Limited Warranty: Contractor does warrant that all of the deliverables included in this Agreement will be conveyed to City. All programming code developed by Contractor within the project is warranted for a period of twelve (12) months from the date of the completion of the website ("Completion"). Contractor will create a back up of the website on the date of Completion, If any warranted problem arises while City or its designee is maintaining the website, Contractor will restore the website back to its condition as it existed at Completion. ]f Contractor is maintaining and hosting the website, Contractor shall restore the website back to its condition as it existed at the day of the most recent backup. Contractor shall only be responsible for any costs associated with correcting any unmodified pmgra7l>mming code during this twelve (12) month period following the Completion. Except as expressly set forth in the immediately preceding paragraph, CONTRACTOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE WHATSOEVER. 1n no event, at any time, shall the aggregate liability of Contractor exceed the amount of fees paid by City to Contractor and Contractor shall not be responsible for any lost City's Initials_ Contactor' 6 Initi als Agenda Item No. 12 Page 5 of 36 Mar 04 2008 S:O1PM VISION INTERNET 13106563103 p.3 profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused. 10. Contractor does not warrant any results from third party use of any web pages created under this Agreement, including but not limited to, the number of page or site visitations, download speed, database performance, or the number of hits or impressions. 11. Although Contractor may offer an opinion about possible results regarding third party use, Contractor cannot guarantee any particular result. City acknowledges that Contractor has made no promises about the outcome and that any opinion offered by Contractor in the future will not constitute a guarantee. 12. Contraator may use any web pages developed for the City in any of its own promotional materials as examples of its wank City agrees that Contractor may place in the website footer an unobtrusive text link reading "Developed by Vision hrternet" or the equivalent. Contractor's footer text credit shall always be linked to a Contractor web page. 13. Each Party warrants that it holds all rights necessary to display all the images, data, information or other items being displayed at the City's web pages during the effective period of this Agreement. Ciry expressly authorizes Contractor to display and/or modify any City supglied images, data, information and other items in connection with the services provided herein. 14. City agrees to use the website in strict accordance with, but not limited to, all local, state, and federal laws. City hereby agrees that any text, data, graphics, or any other material published by City on its website is free from violation of or infringement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others, and is free from obscenity ox libel. I5. Contractor will defend, hold harmless and indemnify City firm and against all liability, loss, cost, damage, or expense, including reasonable attorney's fees, resulting from any claim of injury to person, damages to property, or monetary damages arising sotely out of Contractor's negligence or intentional misconduct or failure to perform obligations under this Agreement. 16. City will defend, hold harmless, and indemnify Contractor, its officers, directors, shareholders, employees, and agents from and against all liability, loss, cost, expense, including reasonable attorney's fees, resulting from any claim of injury to person, damages to property, or monetary damages arising solely out of City's negligence or intentional misconduct or failure to perform obligations under this Agreement. 17. The Project Schedule set forth in Attachment A is an estimate and may vary depending on City interaction and participation. However, the Parties agree to reasonably cooperate with one another in the construction and design of the website in a reasonably timely manner consistent with the Project Schedule. 18. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, and the State of California. Any cause of action brought by a Party with respect to the subject matter of this Agreement shall be commenced within one year after City's Initials Contractor's Initials Agenda Item No. 12 Page 6 of 36 Mar 04 2008 S:O1PM VISION INTERNET 13106563103 p.4 the claim or cause of action has arisen or be Forever barred. 19. The waiver by one Parry of any term or condition of this Agreement, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach. 20. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein. 21. With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that he, she or it (a) has read each of the terms set forth herein, (b) has the authority to execute this Agreement for such person or entity, and (c) expressly consents and agrees that the person or entity upon behalf of which the undersigned is acting shalt be hound by all terms and conditions contained herein. 22. The Parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions described herein. 1n the event a Party chooses not to seek independent legal counsel, that Parry does so freely and knowingly and waives any such rights to counsel. As a result, the Parties do not believe that the presumptions of California Civil Code section 1654 relating to the interpretation of contracts against the drafter of any particular clause should be applied in this case and therefore the Parties knowingly and freely waive its effects. 23. Should a dispute, including but not limited to any litigation or arbitration be commenced.{including any proceedings in a banknrptcy court) between the Parties hereto or their representatives concerning any provision of this Agreement, or the rights and duties of any person or entity hereunder, the Party or Parties prevailing shall be entitled to reasonable attoraey's fees and court costs incurred by reason of such action. 24. The Parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shaze the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS' or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each Party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either Party may commence litigation. 25. This Agreement maybe executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement, This Agreement becomes effective upon Contractor's receipt of an executed copy of this Agreement. 26. Force Majeure: Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, waz, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other 4 City'slnitials ~_~ ~ - Contractor's Initials l/" Agenda Item No. 12 Page 7 of 36 Mar OS 2008 2:O1PM VISION INTERNET 13106563103 I Party within ten (10) days after occumance of such cause or event. 27. In the case of any conflict between the Terms and Conditions, Proposal, and Attachment A, the following order of priority shall be utilized: Attaclunent A, Terms and Conditions, Proposal. 28. If any portion of this Agreement is declazed invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 29. The titles and headings of the paragraphs of this Agreement have been inserted for convenience of reference only and aze not intended to summarize or otherwise describe the subject matter of such paragraphs and shall not be given any consideration in the construction of this Agreement. 30. -The parties recognize that a substantial inducement to City far entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fiilly responsible to City far all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law 31. Alt notices under this Agreement shall be in writing and effective on the date of delivery if delivered by personal service, Federal Express, or effective three (3) days after deposit in fast class U.S. mail, postage prepaid, to each Party as follows: (a) City: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attn: City Manager (b) Contractor: Vision Internet Providers, Inc. 2530 Wilshve Boulevard, 2nd Floor Santa Monica, California. 90403 Attn: Steven Chapin City's burials- Contractor's Initials_~ Agenda Item No. 12 Page 8 of 36 Mar 04 2008 5:02PM VISION INTERNET 13106563103 p.6 CTI'Y OF LAKE ELSINORE DATE: By: DARI'L HICKMAN, Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney VISION INTERNET PROVIDERS, INC. DATE:~~{ J o~By: ~/ ~ STEVEN CHAPIN Title: President City's I>ritiats_ Coniractor's InitiaLs~ Agenda Item No. 12 Page 9 of 36 Mar 04 2006 5:02PM VISION INTERNET 13106563103 p.7 Attachment A SCOPE OF WORK Following is the Scope of Work for the City of Lake Elsinore's ("City"} website to be performed by Vision Internet ("Contractor'). In this document the words "we," "us;' and "ours" refer to Contractor. The word "you" refers to City. Implementation of the website will include: ^ Attractive Design: A website design that reflects the City, draws people in, and makes it immediately obvious that the website is the best place to get information and access resources. ^ In+~~i+ive Navi a ion: Information should be easy to find with the most important information accessible from the homepage to make it easier for website visitors. O Content Management Solution: Contractor will implement the Vision Content Management Tool (VCMT) to facilitate management of content to non-technical staff throughout the City. ^ Integrated Interactive Comments: Interactive components should be implemented to make the website more engaging and useful for users by allowing them to quickly zero-in on the information most important to them. ^ Integration of Third-P;g~y Tools and Databases: Tools and databases should be used to enable citizens to access government services at anytime and from anywhere. Each of these recommendations is discussed in more detail in the sections that follow. Attractive Design City will have a design that makes it stand out among cities on both a regional and national basis. The City's website will be inviting, easy to use, and will reflect your unique identity. This will be accomplished through the fallowing design characteristics: ^ Creative design that incorporates custom design elements and the most important information and keeps both easily accessible from the homepage. ^ Photos and collages of recognizable landmarks, scenery of the City, and the local area. ^ Caneictent look and feel throughout the site to make it easier for website visitors to navigate the site and find information they need. ^ lJse of Cascading Stvle Sheets to ensure future consistency as well as separation of content and design. This makes it much easier to apply a new design theme in the future without the need to redevelop the underlying website. ^ Se•~+-ion 508 Compliant making it accessible to persons with disabilities. ^ E~sv to use droo down menus helping users to quickly understand navigation and locate information with the least amount of clicks. City's Initials- Contractor's Initials 1- Agenda Item No. 12 Page 10 of 36 Mar 04 2008 5:02PM VISION INTERNET 13106563103 p.e Attachment A ^ Breadcrumbs showing the user's current path to let them know exactly where they are on the website. /ntuitive Navigation For your website, we recommend organizing information by department, topic, and/or target users. Contractor's approach allows users to find information in the variety of ways that are most important to them. This is because content is available through multiple "paths' making it simple for users to search the site regardless of their preferred method. Content Management Sa/ution The City's website will utilize VCMT which was created in Microsoft ASP.NET and 5QL Server. Upon final payment, Contractor will provide City with the source code for City's own use. Administration Tools VCMT provides City with a dynamic website where you have the ability to modify content on any page in the website through simple and easy to use administration screens. Additionally, you can add new pages and insert them into'the navigation of the website. VCMT includes a number of functions that make it extremely easy for your non- technical staff to manage website content. The most important include: ^ ~wser-Based Administration that allows for easy management of content by anyone who is familiar with sung the Internet and using basic word processing programs. There is no need for your staff to know programming when updating content This allows authorized staff members to update, delete, and create new pages based on a predefined template, and insert them into the website's navigation. ^ WYSIWYG Text Editor that is based upon standard document creation tools that make it easy for your non-technical staff to edit and format text. With the WYSIWYG (What You See Is What You Get) editor, they can change font styles, colors, sizes, and formatting such as bold, italics, and underlining. ^ Content Approval Cycle that allows staff persons to create content that passes through multiple levels of review and approval before going "live.'" ^ Automatic Alt-Taos for images ensuring future Section 508 wmpliance. ^ Automatic Image Resizina to convert those large high-resolution photos from digital cameras into web-ready images. ^ Undo Redo and Trashcan tools giving you the ability to recover from mistakes. ^ StTles that can be applied to such elements as text, headers, and lists, thereby enabling you to create web pages with a consistent look. ^ Paste Text from Microsoft Word. to make it easier to add content to the website while stripping MS Word formatting and converting it to HTML Citys InRials_ Contracto/s Inftials~ -2- Agenda Item No. 12 Page 11 of 36 Mar 04 2008 5:03PM VISION INTERNET 13106563103 p.9 Attachment A ^ Soell Check to help you create content that is free of any embarrassing spelling errors. ^ Search and Replace tool that replaces a word or phrase within the page. ^ ~gcure Administretion that offers password protection to content management functions. Our sophisticated tool allows you to grant management rights to specific users or groups of users. Administration rights can be granted to the entire site or restricted to specific areas or types of ,content (i.e. by department). ^ Single-Source Web Publishing that permits administrators to update a single web page and reflect those changes on multiple pages throughout the site. ^ Navigation Control that allows you to add new pages or move pages anywhere within the website. ^ Page Linking that enables you to easily create links to any page in the website or to other websites. ^ I3mail .Address Masking which prevents spammers from getting the email addresses of your employees when crawling your site. ^ Document Central that allows for the storage of a single version of each document in a central place and for them to be linked to virtually any page in the website. ^ Image Library that stores a single version of each image in a central place and subsequently adds them to virtually any page in the website. ^ .Content Scheduling to save time and money. This allows all standard pages and specific predefined component content to be setup to publish ahead of time and 6e automatically removed or archived when it will no longer be relevant. ^ Printable Pages that enable your website visitors to print out virtually any page on the website for reading offline. ^ Forward to a Friend functionality that enables your website visitors to send an email to a colleague that directs them to a specific page on your website. /nc/uded /nteractlve Components In addition to the creative design, effective navigation, and easy to use VCMT, we will provide the City with interactive components for managing special types of content. The Interactive Components to be utilized are: City's Initials- Contredor'S In itials~ -3- Agenda Item No. 12 Page 12 of 36 Mar 04 2008 5:03PM VISION INTERNET 13106563103 p. 10 Attachment A ^ Approval Cycle ^ Calendar ^ Document Central ^ Dynamic Banners ^ Dynamic Homepage ^ Dynamic Department Homepages ^ e-Notification ^ F~ctranet (Members Only) ^ Form/Survey Tool ^ Frequently Asked Questions ^ Image Library ^ Intranet ^ Job Postings ^ News and Newsletter ^ Rotating Testimonials ^ Site Search ^ Sitemap Generator ^ Staff Directory ^ Weather Update Each of these in#eractive components is described in detail below. Customization of the Vision Content Management Tool includes the frontend graphic design and layout as well as adding or subtracting fields for your specific needs. Approval Cycle For websites where content authorship and updates are distributed throughout an organization's departments, it is helpful to implement the Approval Cycle where content updates and changes do not go live on the website until one or more persons have approved them, This allows you to segment the management of content by groups of users (such as departments}, in addition to types of content as determined by the interactive components. It is extremely flexible allowing you to define as many workflows as you require with as many steps in the approval as you deem necessary. Most clients have one workflow per department with up to four or five steps in each. Calendar An interactive Calendar is a staple of local governmentwebsites and is an essential tool for your site's success. The Calendar can be used to improve attendance at your events and meetings by making it easier for users to find the types of events important to them. It can also be implemented in auser-friendly monthly or yearly format. To assist users further, the Calendar has filtering tools that allow them to find information by month, category, or even departments. This makes it quite easy to locate specific information. Our Calendar contains a number of advanced functions including: ^ Recurring eventsfundion ^ HTML editing capabilities (including ability to include photos and links) ^ Automatic archiving ^ Integration with e-Notification ^ Ability to create and assign filtering categories to events. City's Initials Contractor's Initials 4- Agenda Item No. 12 Page 13 of 36 Mar 04 2008 5:04PM VISION INTERNET 13106563103 p.ll Attachment A ^ Ability to restrict use of categories by specific staff. ^ Ability to control which events to include on the homepage of the site. ^ Ability to insert Calendar pages anywhere in the site navigation. ^ Ability to apply different Calendar formats including standard monthly Calendar and a listing of events. ^ Automatic RSS feed. NOTE.• With tfre e-Notification tool, calendar information may also be broadcast to subscribers via emai/. Document Central One of the main reasons people visit a local government website is to get information and download important documents and forms. With the Document Centrel, website visitors can easily find the information they need, and you can slash printing and distribution casts for all types of documents. Based on our extensive experience in content management, we recommend a centralized location for all documents. This allows website visitors to browse for documents from a single, categorized location as well as to access information from individual pages within the website. Furthermore, it allows easier administrator management of files, thus preventing confusing links and ensuring there are not multiple versions of the same document throughout the site. To prevent broken links in the website, the Document Central prevents deletion of linked documents and provides a complete list of pages linking to the document to simplify website administration. We recommend all documents be stored in Adobe Acrobat PDF format to enable everyone to view them, regardless of platform. However, you may upload mast types of files including Microsoft Word, 6ccel, graphic files, and audio or video clips. Dynamic Banners While your site will include graphical banners that make the website attractive, changing the banners from time-to-time will keep the website fresh and interesting. While Vision Internet can change the banners at anytime for an incremental maintenance fee, the Dynamic Banners tool allows your staff to change the banner images bythemselves, whenever they want. With the simple to use interface, they can easily upload pre-sized photos, graphics, or collages to replace existing banner graphics. Depending on your preferences, we will implement the Dynamic Banners so that you can apply a different banner for individual pages, the overall website, or on a rotating basis. We would work with you to determine the best implementation for your unique needs. You can see an example of the implementation of Dynamic Banners at www.visioninternet.com. As you go to different sections, you will notice that different banners are used. We can change banners via simple image upload. We will be happy to provide a demonstration of backend tools upon. request. Included in this budget are ten dynamic banners; additional banners will be billed at our hourly rates. City's Initials- Contractor's Initials -5- Agenda Item No. 12 Page 14 of 36 Mar 04 2008 5:04PM VISION IiVTERMET 13106563103 p. i2 Attachment A Dynamic Homepage It is important on a city website to list the most current news, press releases, or events. This keeps the community informed while ensuring the website is fresh and timely. It also exposes website visitors to important information they may not necessarily be looking for. A Dynamic Homepage automates this process for your staff by displaying the most recent information and automatically removing it when it is no longer relevant. It will save your staff time while guaranteeing that your homepage is up-to-date. Please note that the Dynamic Homepage can include an emergency homepage notice. Dynamic Department Homepages While the Dynamic Homepage would provide information for the City overall, the Dynamic Department Homepages would provide the same functionality for individual departments. The system will be implemented in a way that information could be posted on both the main homepage and a department homepage simultaneously without duplication of effort. The screenshots below show the City of Charlottesville's homepage, which lists current events, and the city council's homepage, which automatically lists council specific news. e-Notification Increase communication, draw in more repeat users, and get important information out more quickly, using our email based e-Notification tool. Our tool provides asign-up box allowing users to add their email addresses to receive important notices, and set their preferences for the e-Notifications they would like to receive. Each registration is verified via a confirmation email that the user must respond to in order to complete the registration process. This same mechanism allows each user to change preferences including opting out from subscription lists. Cit}/s Initials- Contractor's Initials -6- Agenda Item No. 12 Page 15 of 36 Figure 1 City of Charlottesville's homepage Figure 2 Dynamic Dept. Homepages automatically automatically lists upcoming events. lists a department's current news or events. Mar 04 2008 5:O5PM VISION INTERNET 13106563103 p. 13 Attachment A To better manage the e-Notification process, your staff can see how many subscribers there are for each category, plus edit subscriber information and export the subscriber database for use in other systems. The best part about our e-Notification tool is that it also integrates with the Calendar and News and Newsletter components, giving you the ability to broadcast event and news content from your website to your subscribers. There is no need to recreate the content. This integrated approach enables your users to sign up for di#erent types and categories of content on a single subscription page in order to have it delivered directly into their email box. Extranet (Members Oniy) Vision Internet can implement an Extranet where restricted content is integrated into the main city website. The restricted content is not viewable by users until they log into the website (i.e. designated sta# or elected o#icials). Once they log in, they will see the additional content within the menus or as an additional section to the main website. When implementing the Extranet, you may want to have di#erent levels of information access. With our Extranet tool, you can define an unlimited number of groups such as designated staff, executive management, and elected officials. Registered users can belong to any number of groups and any number of groups can be associated with most pages in the extranet. Once implemented, the website visitors will need to log into the website using a username and password to view the secure pages. The basic Extranet tool includes functionality to restrict viewing pages in the navigation of the website. Additionally, the tool a#ers the ability to restrict viewing content in News and Calendar. An additional fee applies for implementing Extranet functionality within other interactive components. Form/Survey Tool Interactive forms are the staple of an a#ective government website. They allow users to communicate and interact with their government at convenient times. Vision Internet's Form/Survey Tool can be used for asking questions, getting feedback, or submitting applications. Keep in mind that these online forms can be used for replicating most paper forms in the City, including service requests. The Form/Survey Tool also provides you with the ability to easily create your own online surveys and track the results in real-time. In contrast to the traditional paper survey approach, online surveys are more convenient because they eliminate the time and expense of mailing badc.;responses. Furthermore, you can display the results in several formats, including graphical representations. This allows your sta#to aggregate the responses and view them in report format. The tool supports .fill in the blank, multiple choice, multiple select, and ranking type questions. It also has an export function so you can analyze the results using Excel or any other program capable of importing CSV files. This is a third party tool, so only graphic design may be customized and the Approval Cycle functionality is not available. City's Initials- Contractor's Initials -7- Agenda Item No. 12 Page 16 of 36 Mar 04 2008 5:06PM VISION INTERNET 13106563103 p. 14 Attachment A Frequently Asked Questions Frequently Asked Questions (FAQ) are a website staple that visitors have come to expect. While traditional FAQs consist of long lists of questions that may overwhelm users, our component provides a simple and easy way for them to find the information they need. Website visitors are able to browse the list of questions (and answers} by categories you define. Multiple categories may be assigned to each question so that your visitors will be able to find answers based upon the category that best matches what they are looking for. Your staff will also love the feature because our tool presents a much simpler solution to creating FAQs. Questions and their associated answers are submitted through a simple and centralized interface. Our tool does the rest! Image Library The Image .Library is a centralized place where all images used in the website are stored. This saves space because only a single version of each image is used on the entire site. This also provides greater control, as you can restrict the ability to add new images to specific staff members within your organization. Images remained archived when deleted to prevent accidental broken links within the website while the content management tool rocks all pages using individual photos to make it easier for you to replace images in individual pages. The Image Library also incorporates several tools that make managing images much easier. They include automatic scaling and sizing of photos to the maximum size recommended for your website plus automatic alt-tag insertion for images added to pages to ensure future Section 508 compliance. Intranet While the public website will enable you to improve your communication with people outside your organization, the intranet will serve as the main source of information for your employees. It will have its own unique homepage, navigation, and design. The design will be based upon the approved public website design; however, it may include its own color scheme, collage, and homepage layout. On the following page is an example of the website and intranet as implemented on the City of Lancaster site. In implementing your intranet, we would take the following steps: ^ Complete your main website project ^ Replicate the main website including all components such as calendar, news, etc. ^ Implement the approved intranet design ^ Migrate or add pages as required' ^ Launch the website behind a firewall so as to make it inaccessible from outside your internal network~_ ' Includes up to 50 pages; additional pages may be migrated for an additional budget. City's Initials- Con4actor's Initials, -S- Agenda Item No. 12 Page 17 of 36 Mar 04 2008 5:06PM VISION INTERNET 13106563103 p. 15 Attachment A In this approach, the content in the website and the intranet plus all management tools would be separate; however, the intranet will pull public events and news content from the main website as needed so that you do not need to duplicate this type of content. Job Postings Job Postings is one of the most popular types of content on local government websites. By posting jobs within the site, you are both attracting possible candidates and averting the flood of telephone inquiries about positions that do not exist. This, of course, keeps your administrative costs down. Our Job Postings tool makes posting jobs a snap. Your HR staff simply fills out a form that can have any number of fields you define (such as position, department, salary, and benefits). Staff can schedule when postings go live on the website and when they expire, thus simplifying the process and reducing your administrative time and costs. To make it easy for users, postings qn include interactive tools for filtering available positions by category, type of position, posting date, and salary. As is normal for all our components, your staff is able to define the categories or classification of Job Postings. News and Newsletter By posting news on your site, you will improve communication with your target audiences. Our experience is that news can take many forms, including press releases, newsletters, feature stories, and "what's new" content. With our News and Newsletter component, each of these types of news can be implemented onto a single section of the website or have their own separate area. To ensure usability for website visitors while providing simplicity for staff, news content is automatically moved to an archive section at a predefined interval after publishing. Website visitors can browse the archive by category and date range. This is a great way to provide a historical archive while making site administration easy. Additionally, RSS feeds of the News and Newsletters are automatically available to website visitors. NOTE.• With the e-Not~catian tool, news, %ob, and calendar information may a/so be broadcast to subscribers via email. Rotating Testimonials Rotating Testimonials provide the ability to add content that rotates in specific placeholders of the site. You can see examples at www.visjpy~jnternet.com or www,greenbrierwv.com. In the case of the Greenbrier Convention and Visitors Bureau, it is implemented as Rotating Factoids rather than testimonials. We can implement the tool as you require. Site Search Site users can find the specific content they need through the powerful search engine dtSearch. The tool will search both HTML pages and documents such as Adobe PDF ' For users to access the intranet from outside your network, they may need to use a VPN to access your network prior to accessing the intranet. Cites Initials-~ ) - Contractor's Initials,jL _q_ G Agenda Item No. 12 Page 18 of 36 Mar 04 2008 5:07PM VISION INTERNET 13106563103 p. 16 Attachment A files and Microsoft Word documents. It will return results in order of relevance based upon frequency of search words in the page content or metadata. In an optional, advanced mode implementation, dt5earch supports full Boolean keyword searches. This third-party software needs to be installed on the web server. Sitemap Generator Some people prefer to navigate from a central Sitemap where they are able to quickly see a snapshot of the overall website structure. Additionally, visually impaired people often use the Sitemap as their principal source of navigation because it is much faster for their screen reader software to move through this than other navigation pages. The Sitemap Generator makes it easy for website visitors and staff alike by automatically generating a Sitemap based upon the current site hierarchy. When a change is made to a page location on the website, it is automatically updated on the Sitemap. This ensures up-to-the-minute accuracy, and is much easier than staff having to maintain a static Sitemap. Staff Directory It is often difficult for website visitors to find the correct person to contact in a government agency. However, the useful Staff Directory component greatly simplifies this search. It can list all staff persons, departments, even related agencies and partners, along with their contact information and description of their role or area of specialization. Your website users will love the convenience, simplicity, and accessibility; they can easily filter the list of staff based upon name, department, or other criteria determined to be important to them. Additionally, your staff will be pleased that they can make their email addresses available to others without exposing their contact information to spammers. Our tool "masks" email addresses so that email-harvesting software used by spammers cannot automatically extract them from your website. Weather Update Weather information is often important to visitors of government websites. By offering the local weather on your own site, your online users. will come into the habit of regularly visiting it and thus become more familiar with the City and all that you have to offer them. There are two options on how to display weather reports, and bath pull data from a third party website (i.e. The Weather Channel). The first will allow you to display weather within a predefined template (which requires you to use their graphics and provide a reference and link to their website). The second option allows you to customize the design of the Weather Update to better fit within your website. While the first option requires no ongoing fee, the second requires a nominal monthly fee. /ntegration of Thud-Party Tools and Databases Today, there are many advanced tools for such functions as: ^ Class Registration City's Initials- Contractor's lnitials~ - 1p - Agenda Item No. 12 Page 19 of 36 Mar 04 2008 5:07PM VISION INTERNET 13106563103 - p. 17 Attachment A ^ Permitting ^ Service Requests (CRM) ^ Streaming Video ^ Others VCMT can easily work with these tools, provided they are web-enabled. Most of these types of tools can be given the same look and feel as your main website via modifications to the presentation template. For your project, we will provide you with an HTML template that vendors of these third-party tools can use, We will also integrate finks to these third-party tools into the overall website navigation. There are many examples of where we have used this approach, including the Cities of College Station, TX; Diamond Bar, CA; Citrus Heights, CA; and many others. Additionally, we are able to create web-interfaces for your third-party databases. Examples of previous projects where we have done this include displaying tax records that were exported from a main frame for Vanderburgh County, IN; displaying crime statistics from California State databases for the City of Citrus Heights, CA; displaying travel options from various databases for several airlines including United; and displaying staff and student contact information from school databases for the UCLA School of Law. These are just a few examples of our extensive experience working with third-party databases and systems. While interfaces to third-party systems are not included within the budget, they are available for an additional fee. We can provide a firm quote for interfaces after analyzing the databases and requirements during the consulting phase of your project. The Vision Process Contractor's process consists of six stages. In each, there are formal review and approval points to give you full control of the project and ensure the final website meets your expectations. This process is explained in the sections below. Stage 1: Vision Stage In the Vision Stage, we work with you to create the vision for your website now and for the future. The Vision Stage places heavy emphasis on the objectives of the website and how it supports your overall organizational goals. To create the vision, we will: ^ Prepare and tabulate surveys of key decision makers. The survey will focus on goals and objectives, what is good and bad about your current site, examples of sites you like, and many other topics. ^ Review your existing website and the websites of other cities. ^ Study examples of other websites you like. ^ Hold a brainstorming session with your web team. ^ Collect all content and materials for the new website. City's Initials Contractor's Initials 11 - Agenda Item No. 12 Page 20 of 36 _ Mar 04 P008 5:07PM VISION INTERNET 13106563103 p. 18 Attachment A The heart of this stage of the project is the brainstorming sessions where we discuss your current website, the results of surveys, the needs of users and staff, and possible approaches for the future. This serves to gain insights and create general support for the project. We will also discuss operational considerations for once the website launches. This operational discussion will be a two-way dialog where you provide us information about the operational needs of the City and we share with you our experience and knowledge based upon the best practices we have discovered over the years. Stage 2: Concept Stage In the Concept Stage, we will create the blueprint for realizing the vision. To do this, we will develop the site infrastructure that inc{udes: ^ Creation of a navigation strategy that supports easy access to infarmation. o Categorization of pages according to the navigation strategy. ^ Creation of a conceptual sitemap. The navigation or information architecture will take into account your current needs plus allow for future expansion and growth. ^ Recommendation of interactive components to support easy navigation through special types of content, such as events and news. ^ Drafting of a homepage layout wireframe that shows the placement of key information and dynamic content. The Concept Stage will end with your approval of the sitemap and homepage layout wireframe. Stage 3: Design Stage In this stage, our creative team will continue with the creative graphic design for your homepage, based on the approved homepage layout wireframe. Our creative ability and expertise will allow us to develop compelling graphic design to make your website look great, while maintaining its usability. We will work very closely with your staff to establish a look and feel far the website that reflects your unique identity. Website(Grephic Design will include: ^ Up to three homepage design concepts to establish direction. ^ Design of custom icons, buttons, screen elements, and backgrounds, if desired. ^ Efficient and streamlined navigation and site architecture. ^ Optimization for speed. ^ Section 508 Accessibility Compliance. ^ Consistent graphics, structure, and navigation design. Towards the end of this stage, we will present final homepage design concepts for your approval. You will select one for implementation in the new website. City's Initials- Contractor's Initials _12_ Agenda Item No. 12 Page 21 of 36 Mar 04 2008 5:08PM VISION INTERNET 13106563103 Attachment A Stage 4: Development Stage This stage includes the interior page design and programming the website according to the approved specifications and creative design. Programming will include the implementation of the content management tool and development of the interactive components. Our creative team will give direction for the sub-level page design. Though we do not create content as part of our services, we do include in the scope of your project the migration of up to 200 pages into the new website. Stage 5: Quality Assurance, Documentation, and Training Stage While quality assurance is an integral part of every stage of the project, in the Quality Assurance Stage we do extensive testing and reviewing of the website code. We will thoroughly follow an exhaustive checklist of all pages and functions created during the development stage. We recommend that you have a staff representative participate in this process to verify the site fulfills the expectations for the project. Within this stage, we will also provide a one day training consisting of a session for each department's content author in addition to an overall system administrator. For content authors, we will train them on how to create and update content using the content management tool and for the administrator, we will instruct him/her on managing security, system configuration, and other advanced topics. A custom training manual and reference is provided for updating the website. The manual incorporates screenshots from your website, making it easy for staff to understand and use. Stage 6: Launch Stage In the Launch Stage, the website is moved to the production server. In the event that Contractor is not hosting the website, the City will be responsible for setting up a Windows Server running IIS and MS SQL Server. Contractor will install all other necessary software, make necessary configuration changes, and transfer the code and content3. We again go through the final quality assurance process, ensuring the site transfers correctly. After you approve that the website is ready to launch, the website will be made available to the public. We will continue to monitor the website over the next three months to make sure that the entire site is functioning properly. Project Schedu/e The table below shows our recommended development and launch schedule along with a list of key delivarableslmilestones. ' The City will need to provide remote access to the server during the setup and configuration of the website, or be prepared to perform the setup under the direction of Contractor's technical staff. In this case, additional fees may apply. Ciq/s Initials- Contractor's Initials -13- p. 19 Agenda Item No. 12 Page 22 of 36 Mar 04 2008 5:09PM VISION INTERNET 13106563103 p. 20 Attachment A Cit~/s InRials_ Contractor's Initials 14- Agenda Item No. 12 Page 23 of 36 * The schedule may vary large/y depending on optional components and participant decision times. Mar OS 2008 2:O1PM VISION INTERNET 13106563103 Attachment B -Pricing }.ine No Services Hours $ Rate Budget Optional 1 Consulting 56 135 $ 7,560 ~ 2 Project Management 35 135 4,725 3 Design 55 125 6,875 4 Design Production 19 95 1,805 5 Dynamic Programming 140 135 18,900 6 HTML Programming 20 85 1,700 7 Content Migration 33 85 2,805 I 8 Quality Assurance 25 1D5 2,825 I 9 Trainin /documentation 47 125 5,875 10 SUBTOTAL $ 52,870 11 Dynamic Banners $ 4,020 12 Extranet 6,150 13 Intranet 12,000 14 Rotating Testimonials 2,50D 15 Weather Update 1,ODD 18 SUBTOTAL $ 25,670 ~ 17 TOTAL NOT TO EXCEED PRICE $ 78,540 ~- Line No Services Hours $ Rate Budget Optional 1 Custom Programming $ 135 $ - 2 Graphic Design, Training 125 - 3 Webmaster Services, QA, testing, debug 105 - 4 Graphic Production 95 5 HTML ProgramminglContent Migration 85 - g Flatbed scanning (straight per page) 10 _ 7 ESTIMATED TOTAL @ 12 months $ 12,000 I ~.ine No • Services Hours $ Rate Budget Optional 1 Web site hostin ! er month 200 2 ESTIMATED TOTAL ~ 12 months $ 2,400 MOTES: 1) Price for implementation only. Does not include third party subscription fees. 2) Optional services on an as needed basis, beyond the initial Web site development scope of work 3) Three I (3} months Free Web site maintenance included (approximate value $1,500 or 5 hrs/mo.). Agent {3) ja Item No. 12 Page 24 of 36 Mar 04 2008 5:SiPM VISION INTERNET 13106563103 p. 23 Website Hosting Agreement Vision Internet Providers Incorporated Account Terms and Conditions This Terms and Conditions, and any addendum signed by the parties and attached hereto, represents the complete agreement and understanding ("Agreement") between Vision Internet Providers Inc. ("Vision Internet"), a California corporation, and CTTY OF LAKE ELSINOILE, the "Client", and supersedes any other written or oral agreement with regard to the Hosting Services {as defined herein). Any modifcation of this Agreement is valid only ifthe modification is in writing and signed by both parties. Service Provisions Pursuant to the terms herein, Vision Intemet agrees to pror7de Hosting Services for the Client's Website and database in exchange for payment of fees and compliance with the terms and conditions of this Agreement. Hosting Services are defimed as the storage of Client's database files and Website hosting on a Vision Internet Web server that aliows access by means of the Internet: Vision Intemet will provide shared website hosting on a Microsoft Windows 2003 Server and shared database hosting on a Microsoft SQL Server 2005 for one (1) unique domain using the Vision Content Management Tool developed under a previous agreement Unless otherwise provided in a separate contract or an addendum to this Agreement signed by the parties, the Client is solely and exclusively responsible for creating, supporting, configuring, altering, maintaining and monitoring any and all materials on the Website. Any changes, alterations or modification requested by the Client to their Website may be subject to a fee to be quoted by a Vision Intemet representative at the time of the request. Monthly Hosting Rate Rate: $200.00 per month for standard, shared hosting. Start-up Fee: SO based on one year term Additional services including but not limited to website maintenance, custom data updates, application hosting will be billed at Vision Internet's prevailing hourly rates. Term This Agreement will begin on day of website launch and remain in effect for a period of one year (the "Initial Tenn"). With respect to the Initial Term, unless one party has given written notice to the other party of its intent not to renew this agreement at least thirty (30) days prior to expiration of the Initial Term, this Agreement will continue in effect on a month to month basis thereafter until one party gives written notice to the other of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of any renewal term. ~i'ebsite Usaee The Client agrees to use the Website in strict accordance with, but not limited to, all local, state, and federal laws. The Client hereby agrees that any text, data, graphics, or any other material published by the Client on their Website is free from violation of or infringement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others, Client's Initials Agenda Item No. 12 Page 25 of 36 Mar 04 2008 5:12PM VISION INTERNET 13106563103 p. 24 and is free from obscenity or libel. The display or publication of pornographic material is strictly prohibited The Client warrants that it has or has obtained all rights necessary to display all the images, data, information or other items being displayed at the Client's Website. The Client expressly authorizes Vision Internet to display those images, data, information or other items. If Vision Internet discovers that the Client is displaying content that is in violation of any of the foregoing provisions, Vision Internet reserves the right to discontinue access to the Client's Website without prior notice. However, the Client shall remain liable for all payments due under this agreement as if access had not been interrupted. The Client is assigned a password to gain access to Vision Internet services. The Client agrees to be responsible for keeprrrg the password secure and will immediately notify Vision Internet if the password is lost or stolen. The Client shall be responsible for all use of Vision Internet services accessed through the Client's password The Client's password is not transferable and is subject to any limits established by Vision Internet. Responsibility for payment The Client is responsible for all charges for the account. Vision Internet wilt invoice in advance via a-mail or U.S. Mail: Payment of amounts invoiced are due upon receipt. Payments by check not received by Vision Internet within 45 days of the billing date will be considered delinquent. A finance charge of 1.5% per month will apply if full payment is not received by due date. Returned checks are subject to a charge of $25,00. Accounts that are delinquent by 15 days are put on suspension and Website access is denied Accounts that are unpaid for 30 days automatically have their files archived. Accounts that aze unpaid for 45 days will have their-files purged. Vision Internet accounts continue to accrue charges while they are on suspension. Vision Internet reserves the right to charge a reactivation fee of $200 for any account that is suspended and subsequently reactivated The Client agrees to be liable for all costs of collection of any delinquent invoices including, but not limited to, collection agency fees, reasonable attorney's fees, and court costs. Warranties Except For the Hosting Services provided herein, Vision Internet does not wamarrt any connection to, transmission over, nor results of use of, any network connection or facilities provided to or by third- parties. Vision Internet MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHA_~TTABILITY OR FITNESS OF THIS SERVICE FOR A PURPOSE OTHER THAN HOSTING SERVICES AS PROVIDED HEREIN. In no event, at any time, shall the aggregate liability of Vision Internet exceed the amount of fees paid by Client to Vision Internet and Vision Internet shalt not be responsible for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused. Vision Internet assumes no responsibility for any damages suffered by the Client, including, but not Client's Irlitials Agenda Item No. 12 Page 26 of 36 Mar 04 2008 5:12PM VISION INTERNET 13106563103 p. 25 limited to, server down time, loss of data, loss of business, misdeliveries, delays, non-deliveries, access speed, or service interruptions of any kind. The Client acknowledges that the information available through the interconnecting networks may not be accurate. Vision Internet has no ability or authority over the material In addition, Vision Internet has no liability for the quality, accuracy, or validity of the data/infotmation gathered from the httemet. Use of information gathered through We use of Vision Internet services is at the risk of the Client. The Internet The Client acknowledges that, when using the Internet, the Client is using a completely different physical network than the Vision Internet communications network and different content than available on Vision Internet. The reliability, availability and performance of resotuces accessed through the Internet aze beyond Vision Internet's control and are not in any way warranted or supported by Vision Internet. The Client acknowledges that safeguards relative to copyright, ownership, decency, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Vision Internet makes no warranty that any systems accessed will be free of computer viruses. The Client is responsible for making backup copies of their files. The Client assumes all risk and liability of its use of the Internet. The Client specifically acknowledges that Vision Internet provides access to other systems not controlled by Vision Internet including, but not limited to, discussion groups, Websites and databases, that may contain pictures and language intended for adult audiences. The Client further understands that Vision Internet is not responsible for any damages that may result from exposure to such material and the Client agrees to hold Vision Internet harmless from any damages that may result. Domain Name and S cur Dl Ital Certificate If agreed to under this Agreement, Vision Internet will apply for a custom domain name of the Client's choosing. Vision Internet cannot guarantee the availability of any particular name. Client is responsible for all fees charged by the registrar (i.e. Verisign or Dotster) including setup and renewal fees. Client shall be responsible for all licensing fees, if any, including but not limited to secure digital certificate renewal fees. Indemnification Vision Internet will defend, hold harmless and indemnify Client from and against all liability costa and expenses including reasonable attorney fees resulting from claims of injury to person, damages to property, or monetary damages arising out of Vision Internet's negligence or intentional misconduct. The Client will defend, hold harmless and indemnify Vision Internet, its officers, directors, shareholders, employees and agents from and against all liability costs and expenses including reasonable attorney fees resulting from claims of injury to person, damages to property, or monetary damages arising out of the Client's negligence or intentional misconduct. Abuse of Services Any misuse of Vision Internet resources that disrupts Vision Internet's business is considered abuse and will not be tolerated Examples of misuse include but are not ]muted to the display of pornography, the sending of chain letters, advertisements, solicitations, or mass mailings to individuals who have not 3 Client's Initials Agenda Item No. 12 Page 27 of 36 Mar 04 2008 5:13PM VISION INTERNET 13106563103 p. 26 agreed to be contacted in this manner ("Spam'. Such conduct will result in immediate termination of Website access. The Client agrees not to use any process, program or tool via Vision Internet far gaining unauthorized access to the accounts of other Vision Internet clients, customers or acceunt holders or other Vision Internet systems. The Client agrees not to use Vision Internet services to make unauthorized attempts to access the systems and networks of others. Any attempt to do so will result in imrdiate termination of Vision Internet services. The Client agrees not to use Vision Ltternet services in a manner in which system or network resources are denied to other Vision Internet clients, customers or account holders. This includes, but is not limited, to excessive memory usage and programs that consume excessive CPU resources. If the Client breaches any term of this Agreement, Vision Internet reserves the right to suspend access to the Client's Website without prior notice and may terminate this Agreement. However, if access is only suspended, the Client shall remain liable for all payments due under this agreement as if access had not been interrupted. The Client may not use the Website for any unlawful or destmctive purpose including, but not limited to, copyright and/or trademark infringement. Client files and web pages stored on Vision Internet systems are expressly forbidden firom containing, directing or linking to pornographic material. Content of such files will result in immediate suspension. Vision Internet does not allow use of its services as a door or signpost to another server. ther The headings in this Agreement are intended solely for convenience and shall be given no effect in the constmction or interpretation of this agreement. The Client agrees that a failure to exercise or delay in exercising any right, power or privilege on the part of Vision Internet will not operate as a waiver or estoppel thereof Neither the course of conduct between parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, and the State of California. Any cause of action of the Client with respect to the services provided hereunder must be instituted within one yeaz after the claim or cause of action has arisen or be forever barred Further, jurisdiction and venue for any cause of action or claim with respect to the services provided hereunder shall be exclusively in the County of Los Angeles. Except for any injunctive relief or similar remedy, which may be sought in any court of competent jurisdiction subject to the itnmediately preceding paragraph, any controversy, dispute, claim or counterclaim, whether it involves a disagreement about this Agreement or its meaning, interpretation, or application; the performance of the Agreement; questions of arbitrability as to subject matter of the dispute; whethei an agreement to arbitrate exists and, if so, whether it covers the dispute[s] in question; or any other question of azbitrability or form of disagreement or conflict among the parties to the Client's Initials Agenda Item No. 12 Page 28 of 36 Mar 04 2008 5:14PM VISION INTERNET 13106563103 p. 27 Agreement, shall be submitted to final and binding arbitration at the request of either party, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The azbitration shall take place in the County of Los Angeles. The azbitrators shall apply California substantive law and the California Evidence Code to the proceeding. The arbitrators shall ]rave the power to grant all legal and equitable remedies and award compensatory damages provided by California law. The azbitxatore shall prepare in writing and provide to the parties an award including factual findings and the reasons on which the decision is based The arbitrators shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected pursuant to California Code of Civil Procedure sections 1286.2 or 1286.6 for any such error. 1n the event the parties aze unable to agree as to the arbitrator, each shall select an azbitrator who shall, in turn, select the third and sole arbitrator. Each party shall be responsible for one-half of the costs for the arbitrator(s) and azbitration. Should a dispute, including but not limited to any litigation or arbitration be commenced (including any proceedings in a bankruptcy court) between the parties hereto or their representatives concerning any provision of this Agreement, or the rights and duties of any person or entity hereunder, the party or parties prevailing shall be entitled to attorneys' fees, expenses of counsel and tour[ costs incurred by reason of such action. With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that he, she or it (a) has read each of the terms set forth herein, (b) has the authority to execute this Agreement for such person or entity, and (c) expressly consents and agrees that the person or entity upon behalf of which the undersigned is acting shall be bound by all terms and conditions contained herein The parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions descn-bed herein. In the event a party chooses not to seek independent legal counsel, that party does so freely and knowingly and waives any such rights to counsel. As a result, the parties do not believe that the presumptions of California Civil Code section 1654 relating to the interpretation of contracts against the drafter of any particular clause should be applied in this case and therefore the parties knowingly and freely waive its effects. Force Majeure: Any delay in the performance by either party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause ox event of any nature whatsoever beyond the reasonable control of such parry, including, without limitation, any act of God; any fire, IIood, computer virus, or weather condition; any earthquake; any act of a public enemy, waz, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such parry to the other party within ten (10) days aRer occurrence of such cause or event. It is understood and agreed that if any interpretation is to be made of this Agreement, the same shall not be construed for or against any of the Parties. If any provision of this Agreement is determined to be invalid, all other provisions shalt remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement. This Agreement becomes effective upon Vision Internet's receipt of an executed copy of this agreement and receipt of aay sums of money that are provided for herein. Client's Initials Agenda Item No. 12 Page 29 of 36 Mar 04 2008 5:14PM VISION INTERNET 13106563103 p. 28 All notices under this Agreement shall be in writing and effective on the date of delivery ifdelivered by personal service, Federal Express, or facsimile; or effective three (3) days after deposit in first class U.S. mail, postage prepaid, to each party as follows: (a) Client: Name: City of Lake Elsinore Address: Attn: (b) Vision Internet: 2530 Wilshire Boulevard, 2nd Floor Santa Monica, California 90403 Attn: Steven Chapin Fax: (310)656-3103 CITY OF LAKE ELSINORE DATE: By: Print Print Title VISION INTERNET PROVIDERS, INC. DATE: ~ 0~! By: ~ ~ STEVEN CHAPIN itle: Press ntde 5 Client's Initials Agenda Item No. 12 Page 30 of 36 Mar 04 2008 5:14PM VISION INTERNET 13106563103 p. 29 Annual Maintenance Services Agreement City of Lake Elsinore and Vision Internet Providers Inc. This Terms and Conditions, and any addendum signed by the parties and artached hereto, represents the complete ageement and understanding ("Agreement") between Vision Internet Providers Inc. ("Contractor"), a California corporation, and CITY OF LAKE ELSINOItE, the "Client", and supersedes any other written or oral agreement with regazd to the Maintenance Services (as defined herein). Any modification of this Agreement is valid only if the modification is in writing and signed by both parties. 1. Scope of Services: a. Contractor shall do all work and carry out all activities necessary for completion of Maintenance Services which can include the following: HTML Programming, Content Migration, Graphic Production, Quality Assurance, Testing, Debugging, Technical Support, Webmaster Services, Consulting, Project Management, Database Design, Dynamic Prograu~ming, Graphic Design, and Training.. b. Contractor enters into tlris Agreement as an independent contractor and not as an employee of the Client. The Contractor shall have no power or authority by this Agreement to bind the Client in any respect. Nothing in this Ageement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hued or retained by the Contractor are employees, agents, contractor; or subcontractors of the Contractor and not of the Client. The Client shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Agreement. 2. Contractor grill provide the Maintenance Services to Client in exchange for payment of fees and compliance with this Agreement. This Agreement, Client activities and all discussions regarding Client website development shall be treated as confidential and shall not be disclosed to parties other than representatives of Contractor and the authorized representatives of Client. 3. Contractor agrees to perform website maintenance up to ten (10) hours per month at a price of $1,000 per month. Maintenance beyond ten (10) hours per month is optional and considered Extra Work as described in Paragraph 4. Any unused hours in a given month will be applied to the following month ("Surplus Hours"). In the event there are Surplus Hours at the end of twelve months, Contractor will allow Client to apply these hours to website component development, provided that: a. Contractor has been paid in full, and on time each month, 1 City's Initials- Contractor's Initials Agenda Item No. 12 Page 31 of 36 Mar 04 2008 S:S5PM VISION INTERNET 13106563103 p. 30 b. Any work to utilize Surplus Hours is requested by Client prior to the end of the thirteenth month, and o. Work requested by Client can be reasonably completed by Contractor by the end of the fourteenth month. in the event that the conditions of 3 a, b, and c above aze not fulfilled then all Surplus Hours are forfeited. 4. Additional services not covered in this Agreement (e.g., work beyond the ten hours per month) may be requested by Client from time to time under this Agreement ("Extra Work"). Extra Work will be billed at prevailing hourly rates which are currently as follows: HTML Programming, Data Input, $85lhr; Graphic Production $95/1u; Quality Assurance, Testing, Debugging, Webnlaster Services, $105/hr; Consulting, Project Management, Database Design, Dynamic Progrurnning, $135/hr; Graphic Design, Trainh~g, $125/hr; Straight flatbed scanning will be billed at $10 per scan Touch up work to images will be billed at the graphic design hourly rate. Client shall be responsible for any or all additional fees including, without limitation: photography, stock images, illustration, scanning, software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendors if applicable. S. Contractor will invoice via U.S. Mail. Payments of amounts invoiced are due upon receipt. Payments by check not received by Contractor within 30 days of the billing date will be considered delinquent. A finance charge of 1.5% per month wi1L apply if full payment is not received by due date. Returned checks are subject to a charge of $25.00. Client agrees to be liable for all costs of collection of any delinquent invoices including, but not limited to, collection agency fees, reasonable attorney's fees, and court costs. 6. Client understands that Contractor will perform maintenance to be compatible with existing Client website utilizing the Vision Internet Content Management Tool. 7. CONTRACTOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FPfNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE OTHER THAN HOSTING SERVICES AS PROVIDED HEREIN. In no event, at any time, shall the aggregate liability of Contractor exceed the amount of fees paid by Client to Contractor and Contractor shall not be responsible for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused. 8. Contractor does not warrant any results from the use of any web pages created under this Agreement, including but not limited to, the number of page or site visitations, download speed, database performance, or the number ofhits or impressions. 9. Although Contractor may offer an opinion about possible results regarding the City's Inirials_ Contractor's Imtials~ Agenda Item No. 12 Page 32 of 36 Mar 04 2008 5:15PM VISION INTERNET 13106563103 p. 31 subject matter of this Agreement, Contractor cannot guarantee any particular result. Client acknowledges that Contractor has made no pronvses about the outcome and that any opinion offered by Contractor in the future will not constitute a guaranty, 10. Each Party warrants that it holds all rights necessary to display all the images, data, information or other items being displayed at the Client's web pages during the effective period of this Agreement. Client expressly authorizes Contractor to display and/or modify any Client supplied images, data., information and other items in connection with the services provided herein. l 1. Client agrees to use the website in strict accordance with, but not limited to, all local, state, and federal laws. Client hereby agrees that any text, data, graphics, or any other material published by Client ott its website is free from violation of or infringement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary ar intellectual property rights of others, and is free from obscenity or libel. 12. Contractor will defend, hold harmless and indemnify Client from and against all liability, loss, cost, damage, or erpense, including reasonable attorney's fees, resulting from any claim of injury to person, damages to property, or monetary damages arising solely out of Contractor's negligence or intentional misconduct or failure to perform obligations under this Agreement. 13. Client will defend, hold harmless, and indemnify Contractor, its officers, directors, shareholders, employees, and agents from and against all liability, loss, cost, expense, including reasonable attorney's fees, resulting from any claim of injury to person, damages to property, or monetary damages azising out of Client's negligence or intentional misconduct or failure to perform obligations under this Agreement. 14. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, and the State of California. 15. The waiver by one Party of any term or condition of this Agreement, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach. 16. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein. 17. With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that he, she or it (a) has read each of the teens set forth herein, (b) has the authority to execute this Agreement for such person or entity, and (c) expressly consents and agrees that the person or entity upon behalf of which the undersigned is acting shall be bound by all terms and conditions contained herein. 3 City's Initials- Contractor's ]nidals~ Agenda Item No. 12 Page 33 of 36 Mar 04 2008 5:16PM VISION INTERNET 13106563103 p. 32 18. It is understood and agreed that if any interpretation is to be made of this Agreement, the same shall not be construed for or against any of the Parties. 19. The Parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions described herein. In the event a Party chooses not to seek independent legal counsel, that Party does so freely and knowingly and waives any such rights to counsel. Since the Parties or their agents have participated fully in the prepazation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 20. Should a dispute, including but not limited to any litigation or azbitration be commenced (including any proceedings in a bankruptcy court) between the Partiea hereto or their representatives concerning any provision of this Agreement, or the rights and duties of any person or entity hereunder, the Party or Parties prevailing shall be entitled to reasonable attorney's fees and court costs incurred by reason of such action. 21. Except for any injunctive relief or similar remedy, which maybe sought in any court of competent jurisdiction subject to Paragraph 14 above, any controversy, dispute, claim or counterclaim, whether it involves a disagreement about this Agreement or its meaning, interpretation, or application; the performance of the Agreement; questions of azbitrabiliry as to subject matter of the dispute; whether an agreement to azbitrate exists and, if so, whether it covers the dispute[s] in question; or any other questien of azbitrability or forth of disagreement or conflict among the Parties to the Agreement, shall be submitted to final and binding arbitration at the request of either Party, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrators shall prepare in writing and provide to the Parties an award including factual findings and the reasons on which the decision is based. The azbitrators shall not have the power to commit errors of law or legal reasoning. In the event the Parties are unable to agree as to the arbitrator, each shall select an arbitrator who shall, in rum, select the third and sole arbitrator. Each Party shall be responsible for one-half of the costs for the azbitrator(s}and arbitration. 22. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement. This Agreement becomes effective. upon Contractor's receipt of an executed copy of this Agreement. 23. Force Maieure: Any delay in the perfomaance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, waz, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Parry within ten (10) days after occurrence of such cause or event. City's Initials- Contractor's Initials Agenda Item No. 12 Page 34 of 36 Mar 04 2008 5:16PM VISION INTERNET 13106563103 p. 33 24. This Agreement will remain in effect for a period of one yeaz (the "Initial Terxn'~. This Agreement will automatically renew on a month-to-month basis thereafter until one Party gives written notice to the other of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of any renewal term. 24. Al] notices under this Agreement shall be in writing and effective on the date of delivery. if delivered by personal service, Federal Express, or facsimile; or effecfive three (3) days after deposit in first class U.S. mail, postage prepaid, to each Party as follows: 25. The titles and headings of the paragraphs of this Agreement have been inserted for convenience of reference only and are not intended to summarize or otherwise describe the subject matter of such paragraphs and shall not be given any consideration in the construction of this Agreement. 26. If any portion of this Agreement is declared invalid, illegal, or otherwise unenfarceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. (a) Client: Name: Address: Attn: Fax: (b) Contractor: 2530 Wilshire Boulevard, 2nd Floor Santa Monica, California 90403 Attn: Steven Chapin Fax: {310) 656-3103 City's Initials Contractor's Initials Agenda Item No. 12 Page 35 of 36 Mar 04 2008 5:16PM VISION INTERNET 13106563103 p. 34 CITY OF LAKE ELSINORE DATE: By: Print Print Title VISION INTERNET PROVIDERS, INC. DATE: 3 ~`~ ! °S' By: ~~~'~ STEVEN CHAPIN Title: President 6 City's Initials- Contractor's Initials Agenda Item No. 12 Page 36 of 36 CITY OF i~~ LADE ('~LSIIYOIZE DREAM EfCTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BARBARA ZEID LEIBOLD CITY ATTORNEYL DATE: MARCH 11, 2008 RE: AMENDMENT TO CITY MANAGER'S EMPLOYMENT AGREEMENT Background The City Manager/Executive Director's employment agreement provides that the City Council annually review Mr. Brady's performance. Such performance evaluation was conducted in closed session at the City Council's meeting on February 26, 2008. Discussion An amendment to the existing employment contract is necessary to reflect changes to the terms of the City Manager/Executive Director's employment. A Third Amendment to Employment Agreement has been prepared by the City Attorney and is attached for your consideration. The amendment provides for an increase in salary to $185,000 annually. Fiscallmpact The proposed amendment will establish compensation for the City Manager/Executive Director at $185,000 per year. Recommendation City Council approve the Second Amendment to Employment Agreement and authorize the Mayor to execute the same. Agenda Item No. 13 Page 1 of 4 Amendment to City Manager's Employment Contract March 11, 2008 Page 2 Prepared by: Barbara Leibold City Attorney ~ ~/f/ Approved by: Robert A. Brady(//,,{'~ City Manager V~J'/ Agenda Item No. 13 Page 2 of 4 THIRD AMENDMENT TO EMPLOYMENT AGREEMENT This Third Amendment to the Employment Agreement (the "Amendment"),dated as of March 11, 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 Robert Brady, ("Employee"), on the other hand. RECITALS A. Employee serves as City Manager of the City and Executive Director of the Agency byway of an Employment Agreement dated as of June 28, 2005 by and between Employer and Employee, the First Amendment thereto dated as of April 25, 2006, and the Second Amendment dated as of March 27, 2007 (collectively, the "Agreement"). B. On February 26, 2008, the City Council evaluated the performance of Employee and authorized the City Attorney to prepare this Third Amendment to the Agreement. AGREEMENT The first paragraph of Section 6 "Salary" is hereby amended as follows: "Commencing March 1, 2008, Employer agrees to pay Employee for his services in the capacity of City Manager of the City and Executive Director of the Agency an annual base salary equal to $185,000, payable in installments at the same time as other employees of Employer." 2. Except as provided herein, the terms and conditions set forth in the Agreement shall remain in full force and effect. IN W ITNESS W HEREOF the parties have caused this Third Amendment executed on March 11, 2008. CITY OF LAKE ELSINORE: LAKE ELSINORE REDEVELOPMENT AGENCY: Daryl Hickman Mayor Thomas Buckley Chairman Agenda Item No. 13 Page 3 of 4 ATTEST: Vivian M. Munson City Clerk/Agency Secretary APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney/Agency General Counsel EMPLOYEE: Robert A. Brady City Manager/Executive. Director Agenda Item No. 13 Page 4 of 4 CITY OF LSTIYORE DREAM EjCTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: PUBLIC HEARING -RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION FOR CAPITAL IMPROVEMENTS PROJECT N0.4237; CITY OF LAKE ELSINORE BOAT LAUNCH FACILITY IMPROVEMENTS PROJECT Background The Lake Elsinore Boat Launch Facility (BLF) is located at the City's Campground at 32040 Riverside Drive (APN'S: 379-120-008 & 379-100-015). This facility was constructed by the Concessionaire for the California Departments of Parks and Recreation in the mid 1960's. For many years, this facility served as the primary public access point for various forms of recreational boating activities; including pleasure boating, waterskiing, sailing, wake boarding, and rowing. In 1993, ownership of the Lake, Campground and Boat Launch Facility were transferred from the State to the City of Lake Elsinore. This thirty-five. year old Boat Launch Facility has deteriorated with time and requires rehabilitation to serve the needs of the boating public and increase safety for shoreline users. The existing boat launch facility becomes submerged at a lake elevation higher than 1,240' MSL (feet above mean sea level). The current Lake elevation is 1,244' MSL; therefore, the existing boat ramp is unusable. The renovation of the boat launch will cause the facility to be fully operational under lake elevations ranging from 1,235' MSL to 1,255' MSL. The existing boat launch facilities around Lake Elsinore are inadequate to serve the current and future demands of the boating public. Approximately 32,500 Daily Lake Use Passes were sold by the City in 2007. Lake Elsinore's annual use projections based on a similar regional lake, Lake Perris, show an increase of 100% over the next fifteen years assuming adequate boating facilities, a stabilized lake level and good water quality are provided. The rehabilitated Boat Launch Facility can efficiently service 300 boats per day. Agenda Item No. 14 Page 1 of 12 City Boat Launch Facility Improvements March 11, 2008 Page 2 Discussion Rehabilitation of the Boat Launch Facility is a City of Lake Elsinore Capital Improvement Project (CIP No. 4237). Site The boat launch facility is accessed via a two (2) lane drive aisle off of Riverside Drive. The two (2) lane drive aisle traverses through the existing Campground Facility as it finally terminates at the Boat Launch. The proposed site is a relatively flat and paved site. Demolition and Improvements Demolition and rehabilitation of the Boat Launch Facility includes removal of the existing ten lane boat ramp, concrete armoring on slopes, anchor piles, numerous trees (primarily Mexican fan palms), planters, fencing and remnant asphalt parking areas. The proposed renovation improvements will include the following: 1) A six (6) lane boat launching ramp. The new launching ramp will include a ramp apron and a staging area. 2) Two (2) 400-foot long floating breakwater/dock system; which will also include anchor guide piles. 3) An automobile and boat-trailer parking lot, with 260 parking stalls. 4) A 625 square-foot restroom facility, with separate men's and women's facilities. 5) A 60 square-foot entry kiosk toll booth. 6) A landscaped picnic area with on-site lighting capabilities. 7) A fish cleaning station. Key design elements for public safety with the objective of deterring any wayward wader from inadvertently entering the boat launch area include: • Extraordinarily long (400-feet) boarding floats positioned on the outer edge of the boat launch area, which are permanently anchored by pilings. The boarding floats will automatically rise and fall with changes in the Lake's surface elevation, thereby always providing a visual delineation of the boat launch area. • Installation of ten foot wide rip-rapped rock safety groins along the outer edge of the boat launch area to act as a warning strip to wayward waders. • Uniformly contoured slopes adjacent to the boat launch area. • Installation of anchor piles that extend 500 feet beyond the boarding floats to be utilized for mounting water depth markers and "deep water" warning signs to waders. In addition, the piles will function as boating channel markers. Agenda Item No. 14 Page 2 of 12 City Boat Launch Facility Improvements March 11, 2008 Page 3 The Boat Launch Facility will be constructed to function at a wide range of lake elevations, from 1,235' MSL to 1,255' MSL. Lake Elsinore's overflow elevation is 1,255' MSL and the 100 Year Flood Elevation is 1,263.3' MSL. These key elevations were used as the design elevations for the improvements. For example, the parking lot and entrance roadway will all be raised greater than or equal to an elevation of 1,256' MSL; whereas the restroom building will be elevated higher than 1,263.3' MSL. Elevating the project site will require the excavation of approximately 170,000 cubic yards of fill material from within the 100 Year Floodplain. The fill material will be sourced from a combination of dredging the shoreline at the project site and/or importation of excavated material from the Back-basin borrow site. The ratio of excavated material from within the 100 Year Floodplain to the final fill volume for the project will equal 1.1, thus providing a margin of safety in preserving the flood storage capacity of Lake Elsinore. Staff has filed applications for the required environmental permits with the U.S. Army Corp of Engineers (CWA 404 Permit), Santa Ana Regional Water Quality Control Board (CWA 401 Permit) and the California Department of Fish & Game (Streambed Alteration 1600s Permits). Environmental Determination The City conducted an Initial Study to determine if the Project would have a significant effect on the environment. Based upon the results of that Initial Study, there was substantial evidence that any potential impacts to the environment associated with the Project could be mitigated to less than significant levels. As such, a Mitigated Negative Declaration No. 2007-13 was prepared to assess potential environmental impacts and to propose mitigation for those impacts. All agencies who commented on the Mitigated Negative Declaration during the public review period were provided responses, and there are no outstanding issues of concern. Staff has determined that the Mitigated Negative Declaration No. 2007-13 for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. Fiscal Impact Approval of the resolutions will result in an expenditure of approximately $2,000 to pay a filing fee to the- County Clerk for a Notice of Determination. Recommendations 1. Waive further reading and adopt a resolution adopting Mitigated Negative Declaration No. 2007-13. 2. Waive further reading and adopt resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). Agenda Item No. 14 Page 3 of 12 City Boat Launch Facility Improvements March 11, 2008 ~ Page 4 Prepared by: Pat Kilroy Director of Lake and Aquatic Services Approved by: Robert A. Brady~~ Attachments: City Manager 1. Vicinity Map. 2. City Council Resolution adopting Mitigated Negative Declaration No.2007-13. 3. City Council Resolution adopting Finding of Consistency with Multiple Species Habitat Conservation Plan (MSHCP). Agenda Item No. 14 Page 4 of 12 PROJECT AREA C1"fY OF „µti LAKE ~LSII`iOIZE ~'~ one City Of Lake Elsinore 130 S. Main St. Lake Elsinore, CA 92530 (951) 674-3124 www.la ke-elsinore.org BOAT LAUNCH IMPROVEMENTS PROJECT ID NUMBER: LKE-0002 PROJECT NUMBER: 4237 14 PROJECT AREA ~.~ . Prepared By: Lake Elsinore GIS April, 2007 Data Sources: Riverside County GIS City of Lake Elsinore GIS Agenda Ff~i'~'~1'~d8fi4 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO.2007-13 WHEREAS, the City of Lake Elsinore wishes to commence proceedings to consider Capital Improvements Project No. 4237 and Mitigated Negative Declaration No. 2007-13, also known as City of Lake Elsinore Boat Launch Facility Improvements (the "Project"); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code, Sections 21000, et seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations, Sections 15000, et seq.: "CEQA Guidelines") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code, Section 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. Based upon the results of that Initial Study, there was substantial evidence that all potential impacts to the environment associated with the Project could be mitigated to less than significant levels; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines, Section 15070, it was determined appropriate to prepare and circulate Mitigated Negative Declaration No. 2007-13 for the Project; and WHEREAS, pursuant to CEQA Guidelines, Section 15072, on August 2, 2007, the City duly issued a notice of intent to adopt the Mitigated Negative Declaration; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and adopting mitigated negative declarations; and WHEREAS, public notice of the Project and the Mitigated Negative Declaration have been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 11, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1 Agenda Item No. 14 Page 6 of 12 SECTION 1. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Mitigated Negative Declaration No. 2007-13. SECTION 2. The City Council does hereby find and determine that the Mitigated Negative Declaration No. 2007-13 for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 3. The City Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Mitigated Negative Declaration No. 2007-13 are present and that it would be appropriate to adopt the Mitigated Negative Declaration as proposed. SECTION 4. The City Council hereby makes, adopts, and incorporates the following. findings regarding the lack of potential environmental impacts of the Project and the analysis and conclusions set forth in the Mitigated Negative Declaration No. 2007-13: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to the less than significant levels. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. Pursuant fo the evidence received, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 11th day of March 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE 2 Agenda Item No. 14 Page 7 of 12 ATTEST: VIVIAN M. MUNSON CITY CLERK 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 Resolution No. was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 11~' day of March 2008, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 14 Page 8 of 12 RESOLUTION NO.2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, the City of Lake Elsinore is requesting approval of Capital Improvements Project No. 4237 and Mitigated Negative Declaration No. 2007-13 for the rehabilitation of the existing dilapidated boat launch facility off of Riverside Drive (the "Project"), APNs: 379-120-008 and 379-100-015 (the "Property"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and a Joint Project Review ("JPR") between the City and the Regional Conservation Authority ("RCA") prior to public review of the Project; and WHEREAS, Section 6.0 further requires that all development within or outside of criteria cells must be analyzed pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, the Project is discretionary in nature and require review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project was reviewed for consistency with MSHCP Criteria and pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, the MSHCP requires that the City adopt consistency findings prior to approval of the Project; and WHEREAS, the City Council has been delegated with the responsibility of determining consistency of the Project with the MSHCP; and WHEREAS, public notice of the Project has been given Council has considered evidence presented by the Community Department and other interested parties at a public hearing held with item on March 11, 2008. and the City Development respect to this NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and its consistency with the MSHCP in that it is consistent with the MSHCP. Agenda Item No. 14 Page 9 of 12 SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Project includes two major components: the Boat Launch Facility (BLF) and `the borrow site" The BLF is not located within an MSHCP Criteria Cell. However, `Yhe borrow site" is located within a MSHCP Criteria Cell. The borrow site was reviewed for consistency with MSHCP Criteria while both the borrow site and BLF were reviewed for consistency with the MSHCP "Plan Wide Requirements." 2. The Project is subject to the City's LEAP and the County's Joint Project Review process. As stated above, the borrow site is within a Criteria Cell. As such, the Project was reviewed through the LEAP (No. 2007-06) and the JPR (No. 07-11-19-01) process. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project would impact water features that meet the MSHCP definition of a riparian/riverine resource. As a result a Determination of Biological or Equivalent Preservation (DBESP) was prepared to propose mitigation to these resources. No vernal pools or fairy shrimp exist on the Property. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Property is subject fo the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. Focused surveys were conducted but none of the species covered under this MSHCP section were found on the Property. No further action regarding this section of the MSHCP is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the Property is subject to the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. Focused surveys .were conducted but none of the species covered under this MSHCP section were found on the Property. No further action regarding this section of the MSHCP is required. 2 Agenda Item No. 14 Page 10 of 12 6. The Project is consistent with the UrbanlWildlands Interface Guidelines. The Property is adjacent to a MSHCP Conservation Area. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are applicable. The Project as proposed includes measures to control adverse effects on adjacent conservation areas. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Vegetation Mapping requirements. The Property does encompass any vegetation resources requiring mapping set forth in Section 6.3.1 of the MSHCP. The mapping requirements were completed pursuant to the MSHCP. No further action regarding this section of the MSHCP is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Property is located adjacent to a MSHCP Conservation Area. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are applicable to the Project. The Project as proposed includes measures pursuant to the Fuels Management Guidelines. No further action regarding this section of the MSHCP is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10.The Project is consistent with the MSHCP. The LEAP and JPR process were completed February 7, 2008 finding the Project as proposed consistent with all provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council of the City of Lake Elsinore does hereby adopt findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. 3 Agenda Item No. 14 Page 11 of 12 PASSED, APPROVED, AND ADOPTED on this 11th day of March 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK 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 Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 11~h day of March 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 14 Page 12 of 12 CITY OF ~~~~ .LADE ~LSI1`IOIZE -~ DREAM E)CTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: PUBLIC HEARING - AN ORDINANCE AMENDING AND RESTATING SECTION 19.16.090 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE AUTOMATIC ANNUAL FEE INCREASE FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN FEE After considering a status report on the MSHCP on February 26, 2008, the City Council directed staff to prepare an ordinance amending and restating Section 19.16.090 of the Lake Elsinore Municipal Code. Section 19.16.090 of the Lake Elsinore Municipal Code allows for automatic annual fee adjustments to be made to the MSHCP fee schedule. The automatic adjustment is made at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Construction Price Index for the Los Angeles metropolitan area. This provision was based on the sample ordinance that RCA provided to all Permittees at the time of the MSHCP adoption. The City received a letter from the RCA requesting that the City modify Section 19.16.090 to require the automatic fee adjustment be based on the Consumer Price Index instead of the Construction Price Index. RCA noted that the model ordinance attached to the MSHCP Implementation Agreement provided for annual adjustments based on the Construction Price Index. The reason that the change is requested is because the MSHCP requires that the annual adjustments be based on the Consumer Price Index. In order to ensure that all Permittees are annually adjusting their mitigation fees according to the same index, the RCA has requested that we modify our ordinance to annually adjust pursuant to the Consumer Price Index. Tying our fee to the Consumer Price Index will result in a higher fee. Fiscal Imaact None. Agenda Item No. 15 Page 1 of 5 MSHCP Fee Ordinance March 11, 2008 Page 2 Recommendation Waive further reading and introduce an Ordinance amending and restating Section 19.16.090 of the Lake Elsinore Municipal Code regarding the Automatic Annual Fee Adjustment associated with the MSHCP Fee Schedule. Prepared by: Barbara Zeid Liebold City Attorney Approved by: Robert A. Brady ,R~'j City Manager i`~!~ Agenda Item No. 15 Page 2 of 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTION 19.16.090 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE AUTOMATIC ANNUAL FEE ADJUSTMENT ASSOCIATED WITH THE MSHCP FEE SCHEDULE WHEREAS, on July 27, 2004, upon second reading, the City Council of the City of Lake Elsinore ("City") formally adopted Ordinance No. 1124, establishing a citywide development mitigation fee for funding the preservation of natural ecosystems in accordance with the Western Riverside County Multiple Species Habitat Conservation Plan; and WHEREAS, Ordinance No. 1124 was codified as Chapter 19.16 of the Lake Elsinore Municipal Code; and WHEREAS, Section 19.16.090, "Automatic Annual Fee Adjustment," states that the MSHCP fee "shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Construction Price Index for the Los Angeles metropolitan area'; and WHEREAS, the Western Riverside County Regional Conservation Authority ("RCA") requests that the City modify Section 19.16.090 to require the automatic fee .adjustment be based on the Consumer Price Index because the MSHCP in Volume 1, Section 8.5, Pages 8-15, requires that the annual automatic fee adjustment be tied to the Consumer Price Index; and WHEREAS, in order to comply with the MSHCP and to maintain uniformity with other permittees, the City Council desires to modify Section 19.16.090 so that the automatic fee adjustment is tied to the Consumer Price Index. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 19.16.090, "Automatic Annual Fee Adjustment," is amended and restated as follows: 19.16.090. Automatic Annual Fee Adiustment. The fee established by this chapter shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth ih the Consumer Price Index for "all urban consumers" in the Los Angeles- Anaheim-Riverside area, measured as of the month of December in the calendar year which ends in the previous fiscal year. The first fee adjustment shall not be made prior to a minimum of ten (10) months subsequent to the effective date of the ordinance codified in this Ordinance. The fee, as adjusted annually, shall be compiled by the 1 Agenda Item No. 15 Page 3 of 5 County Executive Office and shall be included in an annual report to the Board of Supervisors pertaining to the accounting for the Western Riverside County Multiple Species Habitat Conservation Plan fee as required by Government Code Section 66006. 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 day of 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE 2 Agenda Item No. 15 Page 4 of 5 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. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 15 Page 5 of 5 CITY OE ,j~~ LADE ~ LSIlYOIZE --, ` DREAM EjCTREME~ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: CONTINUANCE OF RESIDENTIAL DESIGN REVIEW NO. 2005-24, AMENDMENT NO. 1 FOR "TRIESTE" BY MBK HOMES (TTM 34231) Discussion Staff recommends the City Council honor a Request for Continuance received from Brian Phelps, Senior Project Manager at MBK Homes. The continuance has been requested for the March 25, 2008, City Council meeting, in order that MBK have adequate time to prepare. Recommendation Continue this item to the March 25, 2008, City Council meeting. Prepared by: Carole K. Donahoe, AICP Project Planner Approved by: Robert A. Brady~~ City Manager Attachments: 1: Exhibit `A' -Vicinity Map 2. Exhibit `B' -Request for Continuance from MBK Homes Agenda Item No. 16 Page 1 of 3 VICINITY MAP RESIDENTIAL DESIGN REVIEW 2005-24 AMENDMENT 1 TRIESTE (TTM 34231) CITY COUNCIL MARCH 11, 2008 (' u ~ ~ ~ .~-' ;. ~ „ter t ~ ~~ ~ _ _ .. ~..-~~,-~^- AGEf~~Fl9'F~t~ Ct~e-n-d~-a Item Ngo-. 16 PAGE ~ Gr ~- - of 3 n-v~ March 3. 2005 Ms. Carole llonahoe Ci[y of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Re: Trieste, Tract 34231' -Design Review- "R2005-24 Amendment 1 Dear Carole, MBK Homes would like to request that our Design Review as scheduled to come before the City Council on March 1 I'~' be continued until the March 25°i City Council Mee[ing. MBK Homes is making this request in ardor to more adequately prepare for the Cih~ Council meeting Please contact me ifyou have any questions or require tidditiatal information. 1`hank you for your assistance. Sincerely, ~MB~K HOivIES Brian Phelps Senior Project Manager Enclosures Cc: Dave kfumlicek Rose Gonzalez Af~~Dp~ IT~~~ d`dO. Pt ut t ttn~ s Gt cnCet tntnrn' r ,, r n.,- i ~ c~ r.--o„ ~~ ~A~2T7dc~"Ff2f1T.r7O--}~.• .. a ~,n. ~ ~ ;~~,~., ,_-,, ;oo t ,..,_.,. ~ _,;,> Page 3 of 3 CITY OF i~~ LADE ~ LSI1`IOI~E ~ DREAM Ex'CREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1246, APPROVING ZONE CHANGE NO. 2005-07 AND ADOPTION OF ORDINANCE NO. 1247, APPROVING SPECIFIC PLAN NO. 2008-02 RELATED TO SPYGLASS RANCH Discussion Ordinance Nos.. 1246 and 1247 were introduced at a regular City Council meeting on February 26, 2008, and are now being presented for second reading and adoption. Recommendations Waive further reading and adopt Ordinance No. 1246, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-07 Waive further reading and adopt Ordinance No. 1247, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2008-02 Prepared by: Approved by: Vivian M. Muns n~ City Clerk Robert A. Brady J~ City Manager 1~1~' Agenda Item No. 17 Page 1 of 25 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-07 WHEREAS, Spyglass Ranch LLC has submitted an application with the City of Lake Elsinore to change the City's official zoning map (the "Zone Change") from Single-Family Residential and General Commercial to Specific Plan for Assessors Parcel Numbers 377-250-011, 377-350-004, 007, 008, 010, 0'14, 015, 016, 017, 377- 260-004 thru 006 (the "Property"); and WHEREAS, the proposed Zone Change conforms to and is consistent with the proposed General Plan Amendment No. 2005-06 that covers the property; and WHEREAS, on January 15, 2008, the Planning Commission of the City of Lake Elsinore considered the proposed Zone Change and recommended that the City. Council of the City of Lake Elsinore approve the Zone Change; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving changes to the official zoning map; and WHEREAS, public notice of said application has been given, and the City Council of the City of Lake Elsinore has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council has considered the proposed Zone Change prior #o approving Zone Change No. 2005-07. Section 2. That in accordance with the State Planning and Zoning Law, and the Lake Elsinore Municipal Code, the City Council of the City of Lake Elsinore makes the following findings for the approval of Zone Change No. 2005-07: 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed Zone Change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potential to have detriments! effects. It has been determined fhat the health, safety and welfare of surrounding residents may be improved as a result of future improvements fo infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement of any future development. The proposed "Spyglass Ranch Agenda Item No. 17 Page 2 of 25 SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. 2. The proposed Zone Change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed zoning of Spyglass Ranch SP will allow for the continuation of the residential neighborhoods that already exist or are planned in the vicinity of the project site. 3. The proposed Zone Change would establish a land use density and usage more in character with the subject property's location, access, and constraints. The Zone Change proposes a boundary adjustment fo allow for an integration of the Property with the adjacent existing or planned residential developments. Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore does hereby approve Zone Change No. 2005-07. Section 4. This ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this ordinance and cause this ordinance to be published-and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this day of 2007. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY 2 Agenda Item No. 17 Page 3 of 25 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. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of ,and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 17 Page 4 of 25 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2005-02 WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of Specific Plan No. 2005-02 for the project identified as the Spyglass Ranch Specific Plan (the "Project"); and WHEREAS, on January 15, 2008, the Planning Commission of the City of Lake Elsinore considered the proposed Specific Plan and recommended that the City Council of the City of Lake Elsinore approve the Specific Plan; and WHEREAS, the 259.6 acre project site is located on the east side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site"); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Specific Plans; and WHEREAS, public notice of the Project has been given, and the City Council of the City of Lake Elsinore has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Prior to approving the project, the City Council of the City of Lake Elsinore has reviewed and analyzed Specific Plan No. 2005-02 pursuant to the Planning and Zoning Laws (Cal. Gov. Code 65000 et. seq.) and Chapter 17.99 of the Lake Elsinore Municipal Code ("LEMC"). Section 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Specific Plan No. 2005-02: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The Spyglass Ranch Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et. seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. -Agenda-4tern-No: 1a--- Page 5 of 25 2. The proposed location shall allow the development to be well integrated with or adequately buffered from its surroundings, whichever may be the case. The proposed project is appropriate to the site and surrounding developments in that the project will construct both single-family detached and multiple-family residential units in accordance with appropriate development and design standards contained in the Spyglass Ranch Specific Plan. The project creates interest and varying vistas as a person moves along any project street. The project also compliments the quality of existing neighborhood development and will continue to provide visually-pleasing design and architecture within the immediate area. 3. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The proposed Spyglass Ranch Specific Plan has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantify of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit and bicycle. 4. The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by Lake Elsinore Municipal Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The Final Specific Plan properly identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. The Final Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the Specific Plan identifies two park sites for common use of the residents, and approximately 86 acres of open space for dedication and preservation. 5. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Spyglass Ranch Specific Plan has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. The project, as proposed, will compliment the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing project, in that the proposed use has been reviewed to ensure adequate provision of screening from the public 2 Agenda Item No. 17 Page 6 of 25 rights-or--way or adjacent properties. The Spyglass Ranch Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, or will it be injurious. to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a through review of the Specific Plan and have incorporated all applicable commehts and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress. and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of less than significant, or in the case where impacts remain significant; a statement of overriding considerations must be adopted to justify the merits of project implementation. Environmental Impact Report No. 2007-01 was adequately prepared and analyzed the environmental effects of the Specific Plan in accordance with the CEQA. Section 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore approve Specific Plan No. 2005-02. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. Section 4. This ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this ordinance and cause this ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this day of 2007. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK 3 Agenda Item No. 17 Page 7 of 25 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. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the -day of ,and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 4 Agenda Item No. 17 Page 8 of 25 PLANNING DEPARTMENT General Conditions The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the MSHCP Consistency Findings, General Plan Amendment No. 2005-06, Zone Change No. 2005-07, and Specific Plan No. 2005-02 for the Spyglass Ranch Specific Plan project attached hereto. 2. The applicant shall deliver to the Planning Department two (2) cashier's check or money orders to the City within 48 hours of project approval for the filing of the Notice of Determination. The first check shall be in the amount of $2,606.75 and made payable to California department of Fish and Game. The second check shall be in the amount of $64.00 and made payable to the Riverside County Clerk. 3. The Applicant shall comply with all applicable mitigation measures listed in the Mitigation Monitoring Program associated with the Environmental Impact Report for the Spyglass Ranch Specific Plan. 4. The applicant shall comply with any/all requirements of the Lake Elsinore Unified School District. 5. The applicant shall comply with any/all requirements of the Riverside County Flood Control and Water Conservation District. 6. The applicant shall comply with any/all requirements of the Department of the Army Los Angeles District Corps of Engineers. 7. Any modification (i.e. changes to residential density, development standards, housing product location, etc.) to the Spyglass Ranch Specific Plan will require a Specific Plan Amendment approved by the City of Lake Elsinore City Council. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 Agenda Item No. 17 Page 9 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE N0.2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 2 OF 17 $. Thc. nnr.linnn# nhnll hn in fill ~~mnli.~nne ..i ir~~unl#mnc rcrrr ~irem # # ..,.,....,.... .... ...... .... .... ,N,~ iv., rennrrh#inn of the Frn# #mn#/r.-,rn'nl m ui#hin 4hn Cnvnl.. n Dnnnh C 'f' ............... ... ... ,,, .... ..,...,.,,,, ,,,wY ..,.,,,,, .,, ..rr9~ -. The applicant shall comply with any/all requirements of the California Department of Transportation (CALTRANS). (Condition was modified by the Planning Commission on 1-15-08) Zone Change No. 2005-07 9. Future .development shall comply with those standards and guidelines contained within the Spyglass Ranch Specific Plan. Specific Plan No. 2005-02 10. All future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan. 11. Those issues, standards, guidelines, etc, not addressed in the Spyglass Ranch Specific Plan will revert to the Lake Elsinore Municipal Code and/or Zoning Code in effect at the time future development within the Spyglass Ranch Specific Plan are proposed. 12. The applicant shall provide all project-related on-site and off-site improvements as described in the Spyglass Ranch Specific Plan document. 13. The Draft Spyglass Ranch Specific Plan document shall be revised to incorporate the following modifications and corrections and all changes required by the Planning Commission and/or City Council: a ~~R. Any raised medians along Camino Del Norte and Elsinore Hills Drive (Road) shall be fully landscaped and irrigated subject to the review and approval of the City's Landscape Architect consultant and the Engineering Division. (Condition was modified by the Planning Commission on 1-15-08) Figure IV-39 shall be revised to more clearly denote the specific location of all masonry walls both within and on the perimeter of the specific plan boundary.. Planning Commission. Approval City Council A~pl~~a Item No. 17 January 15, 2008 February 26, 2dB page 10 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT N0.2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 3 OF 17 `.• Tho +ov+ rlinn„nnlnn ~n ~nnn A 70 f~r nrnion+ ~~iNllc nilnn+nr ihvmv ::'~li.°. ... ................ ...~.+ ~ ,....~.,... .., Y.,.... w. w mnrJifinrl +n inrlina+n #ha+ nll n+rnnbnnnn ...n lln nlnnn mainr rnarl...avn shall ho n nn+n .n+nr+ n rner....alln n"nn n n hlnnL . rl n rnnin in .inn _ _ nfinn Q+~n~ fw~nrJ ihn+n rn ...ith rn nnt... r +n shall hn n ..i.J nrl n nnfir fivn fnn+ nn nnn+nr In aAAi+inn nlai ,. rn................. ..~ ,.... ,.... ...... nav,. u, wwv,uvrr,-rnrcnr-err nnio inn hlnnL unelln shall hn . iilbnrJ nlnnn nnv n#rnn+n . nihln f n #h ~~~cn ._.. ~.__.. .. ~.._ _..~.. __ _....___. -.._..J -...~ _..__._ .._._ ... ....... .. .., ,,..hrn ,.,i+hin +hn rln.,nlnmm~n+ The text discussion on Page 4-68 for project walls, pilaster theme walls and interior privacy walls shall be revised to match the design details shown on Figure IV-35. Pilasters with decorative caps shall be provided at property line/wall terminus and every seventy-five-feet (75') on center. In addition, no plain precision block walls shall be utilized along any streets visible from the public within the development. (Condition was modified by the Planning Commission on 1-15-08) d. 7"hn te~± ~+?~~::~~?0^ ~, ., n n 71 w.,ra r• ni ~G h..u h rl + ^, r'wg- ~~ ~~~.at.;~ .°,. ...°, h::r id rr..•~I4 `n~+ n nn+~,r ..I + L.1 L- .", ~ j . The text discussion on page 4-71 and Figure IV-35 shall be revised to denote the use of pilasters with a decorative cap to be located every one-hundred-fifty feet (150') on center and at property line/wall terminus along interior block privacy walls which abut private roads within the development. (Condition was modified by the Planning Commission on 1-15-08) e. The text shall. be revised to include a detailed discussion regarding maintenance responsibilities for streetscapes, roads, maintained slopes, and parks throughout the development. In addition, a maintenance plan shall be added as a figure showing specific maintenance responsibility areas within the development. Planning Commission Approval City Council A~pro~val January 15, 2008 February 26, 24tStFnda Item NO. 17 Page 11 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO.2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 4 OF 17 f. T~hl~ \/ 7 ~h.,ll .h..°. r.°.:~.°•°..'#. ~'. nr°v ^ m~nim wpm of a /4\ 4 nar_Ir_inas r.~n^ ..^r #h ree /2\ v ai#c In ..dr#i#ian n # L' h II r r ~• ~ ^ J C y h^ n iirl^rl far the cr.rl na~~ri. •.. r•# haw. r..rl # Th 'F' n~ ...h^r ~f n.. rLir.a n .,.. ..hwll b~ r •^d .+ d .J h Fh .I.,,.......~y ..r...,~.. ., ~...~...... ~, ~pp,~..,,~.-ay--R,~ Sires*^ + r '#y n^••^IaYn,~^± ~r w~,,;y,,,,,,. Table V-2 shall be nor a. oa~m~~m~on~i~. ~..,.., revised to require a minimum of one (1) guest parking space per three (3) units. In addition, some guest parking shall be provided for the proposed courtyard home products. The specific number of parking spaces shall be reviewed and approved by the Director of Community Development or designee. (Conditiorrwas modified by the Planning Commission on 1-15-OS) 14. A Final Spyglass Ranch Specific Plan document shall be submitted for review and approval by the Community Development Director or designee prior to the submittal of any design review, tentative parcel or tract map application. No permit shall be issued until the Spyglass Ranch Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. 15. Future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan document. 16. Those issues, standards, guidelines, etc. not addressed in the Spyglass Ranch ,Specific Plan will revert to the City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. 17. The applicant shall participate and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 18. A detailed noise mitigation analysis shall be performed, at the final map stage (for individual planning areas) for all future sensitive noise uses potentially exposed to noise levels in excess of 50dB CNEL to verify that planned noise protection will meet City of Lake Elsinore standards. 19. The applicant shall provide all project-related on-site and off-site improvements as described in these Conditions of Approval or the Spyglass Ranch Specific Plan document. 20. Prior to approval of a design review or tentative map for individual planning areas, the developer and City staff will review plans for multi-family housing areas, commercial uses, and parks for the provision of appropriate, necessary Planning Commission Approval City Council ,~p~~y January 15, zoos February 2s, ~0a"~~ Item No. 17 Page 12 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO.2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 5 OF 17 and adequate pedestrian and bicycle facilities. 21. The developer or the developer's successor in-interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. 22. full.. nnnc+n ~n#nrl nlnnn +ho en#irc Icnn#h of then erl n en+ nlr.nr~ (~.+min ... .............. .......y ....... .... ...., .y....,. ...... r.rnrn. .. r.r vj., vr.~J.--vc.r rr.r.v nel AlnrFe .~nr! Clc innrn ~l-lilln drive n r+n in nF+hn f'~ro+~M .ilrJinn m'+ ~th~n Dr~h~a~ ~ of en+ .Je..elnnmen+ i.Jcn+ii'~cr! +he .e.l lapdssape-pla~r~ The applicant shall submit a revised Spyglass Ranch Specific Plan, which labels in the table of contents and incorporates the City Council approved Conditions of Approval for the Spyglass Ranch Specific Plan within the document. (Condition was modified by the Planning Commission on 1-15-08). 22(a). The applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that Planning Areas 5 & 6 of the Spyglass Ranch Specific Plan have a density not to exceed twenty (20) dwelling units to the acre. (Condition of Approval was added by the City Council of the Citv of Lake Elsinore on 2-26-08). 22(b). The applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that plexi-glass view fencing is an available design criteria option for fencing within the Spyglass Ranch Specific Plan. ENGINEERING DIVISION GENERAL REQUIREMENTS 23. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Planning Commission Approval City Council ApBp~~~ta Item No. 17 January 15, 2005 February 26, 2 page 13 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 6 OF 17 24. Prior to commencement of grading operations, the applicant is to provide to the City a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to the issuance of a grading permit. (Condition was modified by the Pianning Commission on 1-15-OS). 25. An Encroachment Permit shall be obtained prior to any work on City and/or State right-of-way. 26. Any grading that affects "waters of the United States", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 27. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be under grounded. 28. All underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 29. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 30. The applicant shall coordinate with Riverside County Transit Authority for location and installation of bus transit facilities. 31. The applicant shall pay all development fees, including but not all inclusive: TUMF, MSHCP, TIF, and Area Drainage Fees. 32. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be provided. 33. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/z' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be Planning Commission Approval City Council ts}y~l~ Item No. 17 January 15, 2008 February 26, 8~ ~ page 14 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE70F17 scheduled and approved. 35. All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. (Condition was modified by the City Council on 1-26-081. 36. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by property owner or property owner's association. 37. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 38. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 39. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. (Condition was modified by the Planning Commission on 1-15-08). 40. All roof drains shall not be allowed to outlet directly through coring in the street curb. All roofs should drain to a landscaped area. 41. The applicant shall comply with all NPDES requirements in effect; including Planning Commission Approval City Council ApRg~~la Item No. 17 January 15, 2008 February 26,17tA§ Page 15 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 8 OF 17 the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 42. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 43. The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required forlot of one acre or more) 44. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. 45 ..+ ~I,.,u ,..,~+ ~,.,.+ F u + + • + a ,+ ,+• + ,I ~•+• I . NN ,. ,y, nd:.. .. nL... nfro o+ lin F.M ~ I+' + '1 4. II M N The applicant shall construct full street improvements and dedicate additional right-of-way on Camino Del Norte, along the project frontage, such that the ultimate right-of-way width conforms to the General Plan Planning Commission. Approval City Council A`f~la Item No. 17 January 15, 2008 February 26, 2 Page 16 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT N0.2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 9 OF 17 street right-of-way cross-sections. The cross section of roadway improvements with ^ '°^-' -^^-"°^ a raised median (if applicable), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the approved Traffic Study dated ^^~^~^- "', '°O~ April 29, 2007 and the. General Plan Circulation Plan. (Condition was modified by the Planning Commission on 2-26-08) 46. The applicant shall construct full street improvements and dedicate the right- of-way on Elsinore Hills Road per General Plan street right-of-way requirements. The cross section of roadway improvements with a raised +r~ediaw, parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as required by the General Plan. 47. The applicant shall be responsible for acquiring right-of-ways in which the applicant or the City has no legal title or interest. If the applicant is unsuccessful in acquiring such right-of-ways, the City could assist the applicant in the Eminent Domain process at the applicant's cost. 48. All streets shall be constructed per Riverside County Standards. Any deviation from Riverside County standards shall be approved by the City Engineer. 49. The applicant shall implement mitigation measures identified in the approved Traffic Study dated April 29, 2007. (Condition of Approval was modified on 1-75-08). 50. The applicant shall construct the traffic signals at Main/I15 SB and NB on/off ramps, Camino del Norte/Main Street, Camino del Norte/Elsinore Hills Road, Camino del-Norte/La Strada. 51. The applicant shall participate in "fair share" payment of off-site improvements as described in Table 10 of the approved Traffic Study dated October 11, 2006. 52. The applicant shall submit street improvement plans prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. Planning Commission Approval City Council App, ~~a Item No. 17 January 15, 2008 February 26, 2b~ Page 17 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 10 OF 17 53. The applicant shall provide signing and striping plans for the required improvements of this project. 54. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Any request for reimbursement or credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 55. This project shall provide trail and roadway connections to adjacent developments unless otherwise deemed unfeasible as concurred by the city. 56. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115/Main Street Interchange Upgrade, additional right of way could be required along Camino Del Norte. 57. The applicant shall submit a WQMP of the project for City's review and approval. PRIOR TO ISSUANCE OF A GRAD/NG PERMIT 58. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or• erosion downstream caused by development of the site and/or diversion of drainage. 59. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could. reduce sight distance. 60. nn conztr~°t.°.. o..,j,.,.+ ~°sess and hauling reu'e shall be hid-a„d wpprc"°c' "7 :"° City E^g;,,~. (Condition was deleted by the Planning Commission on 1-15-OS). 61. The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall provide a final soils report showing compliance with recommendations. 62. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously submitted. Planning Commission Approval City Council 9'~tity@fd Item No. 17 January 15, 2008 February 26, 2 8 Page 18 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 11 OF 17 63. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading, improvements, and/or drainage acceptance from the adjacent property owners, prior to grading permit issuance. 64. The applicant shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 65. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2-to-1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 66. The applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 67. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 68. All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC), prior to building permit issuance. 69. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the approved Traffic Study dated April 29, 2007). (Condition was modified by the Planning Commission on 1-15-081. Planning Commission Approval City Council Apvrnv~lda Item No. 17 January 15, 2008 February 26, 2 Page 19 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-05, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 12 OF 17 70. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. The applicant shall submit this letter, prior to applying for a building permit. 71. Thy .+ I'n..nt ohFl~ nhn.~i #hn# n n#rnn#nrnc L~nllc.n..ninn ....L .. ..pp...... , tnrl n r #hn rn'nn# on#mn n thwt min'm h# .!' M 4.. rl.+ .# IeEa__,, ...,w, ... ;...,;.,.,..,.. .,..vv ....,~.,.. ~,g., (Condition was deleted by the Planning Commission on 1-15-08). 72. The applicant -shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). PRIOR TO THE ISSUANCE OFA CERTIFICATE OF OCCUPANCY 73. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction. of onsite and/or off- site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before issuance of a Certificate of Occupancy. 74. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. Planning Commission Approval City Council ,q~~r I January 15, 2008 February 26, ~i'fd~~~a Item No. 17 Page 20 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 13 OF 17 The traffic signals shall be installed per the approved Traffic Study dated April 29 2007. ^a ati., a..u.....:.,.. 1......{:..r.~ _h~ll Mn ,.,...,..~..~..,~ ., , _ _ ._.._.. _.~ .__~_. ~.. .. ...-~ ~~... r.-...... r..... Ct.~,..4 .,F nn.,:., C4.i.i.+/I.IC 41Q .. _..iF ........c ..+ M.,' C+ 4/IAe CQ ..u f , ..,.....~ ~.,., .,. r~.,,:.,,. _n,.: ~i...-.,n c c_....,~... The developer may request the completion of some signals __~ as determined by a specific technical study and approved by the City Engineer. (Condition was modified by the City Council on (2-26-081. 76. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 77. _ Cnn All streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and .Elsinore Hills Drive prior to issuance of the first building permit within Phase 1 of project development as identified on the approved landscape plans. (Condition was modified by the City Council on 2-26-081. 78. The fair share cost of future improvements as a condition of this development shall be paid. 79. All water and sewer improvements shall be completed in accordance with the applicable Water District requirements. 80. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. Planning Commission Approval City Co ~ncil App~p~~l~a Item No. 17 January 15, 2008 Februa 26, 2 Page 21 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 14 OF 17 81 o.,~i....,,~ oe.,e+~+ rn~+.~,.+ r„~+ ~..,+ TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. (Condition of annroval was modified by the Plannina 82. As-built plans shall be completed and signed by the City Engineer. 83. All improvement plans shall be digitized. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing the plans. ADMINISTRATIVE SERVICES DEPARMENT 85. On Table VI-3 (Public Financing Summary) of the Spyglass Ranch Specific Plan; the applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that the check mark under Community Facilities District or Assessment District next to Dry Utilities is removed from the document. Dry utilities are not fundable through a CFD or AD in the City of Lake Elsinore because they are not publicly owned. The revised Spyglass Ranch Specific Plan shall be resubmitted to the Community Development Department prior to the issuance of a building permit. Annex into CFD 2003-1 86. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Communities Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City of Lake Elsinore. Annex into LLMD No.1 87. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Fire Station Impact Fee and Other Impact Fees 88. Upon completion of the Fire Station Impact Study and other impact fee studies; the Developer shall pay the impact fee. Planning Commission Approval City Council A~pS~ January 15, 2008 February 26, ~ Y~Ja Item No. 17 Page 22 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 15 OF 17 89. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello- Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space, and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. RECREATION AND PARKS DEPARTMENT 90. The City is to maintain all landscape improvements in the public right-of-way for Camino Del Norte and Elsinore Hills Drive including all primary (pages 4- 28) and neighborhood entry (pages 4-29) monumentation signage and areas. 91. The Home Owner's Association is to maintain all internal street landscaping including all natural and manufactured slopes. 92. ' The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all open space areas. (Condition was modified by the Planning Commission on 2-26-08). 93. ' ...,. t,., •w., r:-., ?~ !~ .....°..^a~;n oll ~x ~r~or ~. ~!!~ .;,..:..,a: *h s.. a#erials~i a Gamine Bel Nerle €Isinere-Hills Brive, ,~+ 1 ;'' ^~,~„-..us The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all exterior walls including those facing main arterials (i.e. Camino Del Norte, Elsinore Hills Drive, Etc.) (Condition was modified by the City Council on (2-26-08). 94. Planning Commission. Approval City Council AR~~~1~a Item NO. 17 January 15, 2008 February 26, ~o Page 23 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO.2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 16 OF 17 The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all flow control/drainage facilities and structures. lCondition was modified by the Cify Council on (2-26-08). 95. Th° u~„:e n::',^,~r'~ ,^,~~~~iuti~^ ~.....,,+~~hy.. ..+,..,.. +•s. .~ by th° r-:+. ~ +., .,+., ., °u ... ..+° L /Dn 'z Dn ~~~ ., ,a i r N~ 1/"°...Ji+i°...u-. ~. m°.JiFi°.J h~i +Me Dl.~r~r~in.v !`~~.r.ic.i-i°n °n ~/_./G /IAI ~~ The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all private parks (PA 3, PA 13) and common areas. (Condition was modified by the Planning Commission on 1-15-08). 96`. Th° lin n+ oh..ll nnnc#rnn+ 7 G ..+.. .1. +.. 6... err ~°"°'..~n. (Condition was deleted by the Planning Commission on 1- 15-08). 97. The applicant shall convey the 3.4 acre park site identified in Planning Area 7 to the City, and utilize park fees generated by the development for the construction of the park site to include the remodel/rehabilitation of the historical residence as part of the park. 98. The applicant shall utilize the City's Landscape Architect for the design and implementation plan for the community park in PA 7. 99. The applicant shall provide a trails diagram outlining proposed trail locations and utility easement locations as part of the development of the trail system. 100. The applicant shall comply with all NPDES storm water requirements. 101. The applicant shall provide the City with an inventory of all street signs, street markings, street trees, fire hydrants, etc. and total square-footage of all streets in a digital format acceptable to the City. 102. The applicant shall meet all City curb, gutter, and sidewalk requirements. 103. The applicant shall comply with all City ordinances and requirements regarding construction debris and removal and recycling, as per Section 8.32 of the Lake Elsinore Municipal Code. Planning Commission Approval City Council A~ ~~a Item No. 17 January 15, 2008 February 26, 2 Page 24 of 25 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO.2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 17 OF 17 104. The City shall review and approve all park development and implementation plans. 105. The City's Landscape Architect is to review all landscape and/or irrigation plans. 106. The applicant shall pay park fees based on the Quimby Act requirement. City will provide Park Capital Improvement Fund Fees for future calculation. 107. The applicant shall be required to participate in the City-wide LLMD. 108. The applicant shall be required to participate/annex into the LLMD District 1 for all exterior landscaping to be maintained by the City. 109. The applicant shall be required to participate in the "Public Facility" program. 110. The applicant shall utilize CFD funds for the construction of all parks in the development. 111. The applicant shall construct the community park prior to the issuance of the 100th Certificate of Occupancy. RIVERSIDE COUNTY FIRE DEPARTMENT 112. The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards. RIVERSIDE COUNTY SHERIFFS DEPARTMENT 113. The Applicant shall comply with any/all requirements of the Riverside County Sheriff Department. Planning Commission Approval City Council Ani ~l~ Item No. 17 January 15, 2008 February 26, z`~s' ` Page 25 of 25 CITY OF ~~~ LADE ~ LSIIYOI~E ~ ` DREAM EICTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 11, 2008 SUBJECT: SECOND READING -ADOPTION OF ORDINANCE NO. 1248, ADDING CHAPTER 17.37 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Discussion Ordinance No. 1248 was introduced at a regular City Council meeting on February 26, 2008, and is now being presented for second reading and adoption. Recommendation Waive further reading and adopt Ordinance No. 1248, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.37 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Prepared by: Approved by: Vivian M. Munso~~~ City Clerk Robert A. Brady City Manager Agenda Item No. 18 Page 1 of 8 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.37 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING A PLANNED UNIT DEVELOPMENT OVERLAY. DISTRICT WHEREAS, the Planning and Zoning Law authorizes the legislative body of a city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and open space; and WHEREAS, the City of Lake Elsinore wishes to provide a uniform and comprehensive set of standards for the establishment and implementation of a Planned Unit Development (PUD) Overlay District which can be applied throughout the City of Lake Elsinore; and WHEREAS, based on evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing on February 19, 2008, regarding the proposed PUD Overlay District, the Planning Commission recommended that the City Council approve the ordinance adopting the PUD Overlay District; and WHEREAS, at a duly noticed public hearing, held on February 26, 2008, the City Council considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties regarding the proposed PUD Overlay District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. That Chapter 17.37 of the Lake Elsinore Municipal Code be added as follows: Chapter 17.37 PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Sections: 17.37.010 Purpose 17.37.020 Short Title 17.37.030 Applicability 17.37.040 Permitted Uses 17.37.050 Application Process 17.37.060 Findings 17.37.070 Term, Extensions, Amendments, Repeal of Approved PUD Plans. 1 Minor Modifications and Agenda Item No. 18 Page 2 of 8 17.37.080 Approved Planned Development Overlays. 17.37.010 Purpose. The Planned Unit Development (PUD) Overlay District establishes a process to permit creative mix of uses within a physically integrated and contiguous area that is smaller than generally appropriate for a specific plan. The PUD Overlay District is intended to provide a mechanism to allow for flexibility in the development regulations and design standards of the underlying base district and to allow the mixing and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the general plan can best be achieved. The underlying assumption is that in certain areas any use could be permitted in conjunction with another use; provided, that through proper planning, buffering and design of the project, potential incompatibilities are mitigated or eliminated. It is the intent of the PUD Overlay District to provide an opportunity for combining residential, retail, commercial and office uses within a single structure or by clustering such uses in close proximity to each other. This mix of land uses promotes multiple activities, such as residential and business activities, and an increased degree of pedestrian orientation on suitable sites consistent with general plan objectives beneficial to the community. Residential units located near retail, office or industrial uses can provide housing close to potential employment opportunities, and therefore, reduce vehicular commuting trips. 17.37.020 Short Title. This chapter shall be known and may be cited as the Lake Elsinore PUD Overlay Zoning Ordinance. 17.37.030 Applicability. The PUD Overlay District may be applied to any property of a minimum area of one net acre within any zoning district throughout the City of Lake Elsinore. 17.37.040 .Permitted Uses. Permitted, accessory and conditional uses within a PUD are generally the same as those allowed within the underlying base zoning districts. However, the PUD may include combinations of other uses that may complement the uses of the underlying base zoning districts. The permitted uses shall be those approved in the PUD Plan. 17.37.050 Application Process. Applications for PUD designations shall be accompanied by a zoning amendment request and a PUD Plan. A. The procedures for applying the planned unit development overlay zoning district to any properties shall be the same as described in Section 17.84 for zoning amendments. B. When a PUD Overlay District application is filed, the applicant shall also concurrently file a PUD Plan containing, but not limited to, the following information prepared and endorsed by a professional team: 2 Agenda Item No. 18 Page 3 of 8 1. A site plan, showing building(s), various functional use areas, parking and circulation. 2. The development standards for PUDs are generally the same as for the underlying base zoning district. However, modifications to those standards may be approved as part of the PUD Plan in order to allow for greater flexibility and compatibility with the general plan. Variations to the base standards shall be described in the PUD Plan. Examples of development standards, include, but are not limited to, building heights, setbacks and parking requirements. elevations. 3. Preliminary building plans, including floor plans and exterior 4. Landscaping plans, including a plant palette. 5. Lighting and signage plans. 6. Civil engineering plans, including site grading, public rights-of-way and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines. 7. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines. 8. Other information or applicable materials as may be deemed necessary by the Director. C. Notices and Public Hearings. Notices and public hearings regarding an application for a PUD and PUD Plan, or a modification to an approved PUD Plan, shall be provided in compliance with Chapter 17.92 (Hearings). D. Review Authority. A PUD Plan shall be approved by the adoption of an ordinance or disapproved by a resolution of the City Council, after consideration of the Planning Commission's recommendation. 17.37.060 Findings. The Planning Commission, in conjunction with a public hearing, shall review and make recommendations to the City Council regarding the PUD Plan. The City Council, after a public hearing, may approve, conditionally approve,. or disapprove a PUD Plan. A PUD Plan may be approved, provided the facts submitted and evaluated during the review process support the following findings: A. The proposed PUD Plan can be substantially completed within four (4) years. 3 Agenda Item No. 18 Page 4 of 8 B. The proposed development is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided such objective will be attained. C. The proposed uses will not be substantially detrimental to present and potential surrounding uses, but will have a beneficial effect. D. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic, and the development will not generate traffic that will overload the adjacent street network. E. The proposed development is compatible with the surrounding area. F. The types and locations of any proposed commercial development can be economically justified. G. The PUD Plan is in conformance with the General Plan, or a concurrent General Plan amendment in process. H. The mix of uses provides an increase in housing opportunities for the community and implements the objectives of the Housing Element of the General Plan. I. Any exception from the standards and requirements of this Title is warranted by the design and amenities incorporated into the PUD Plan. The exceptions are also desired by the City Council. J. Existing and proposed utility services are adequate for the proposed uses. K. The PUD Plan has complied with all applicable City requirements. 17.37.070 Term, Extensions, Amendments, Minor Modifications and Repeal of Approved PUD Plans. A. Term. An approved PUD Plan shall expire four (4) years from the date it was approved by the City Council. B. Extensions. The four (4) year term fora PUD Plan may be extended in one (1) year increments, not to exceed three (3) extensions, provided that the applicant submits a written extension request to the Community Development Department at least thirty (30) days before the expiration of the PUD Plan, or any extension thereof. Extension requests shall explain the reasons why the extension is necessary. Upon receipt of the extension request, the Community Development Director or designee shall refer the extension request to the Planning Commission and 4 Agenda Item No. 18 Page 5 of 8 City Council for public hearing. It shall be in the City Council's discretion whether or not to grant extension requests. C. Amendment. Amendments to approved PUD Plans shall follow the same procedure that was followed when the plan was adopted. D. Minor Modifications.The Director of Community Development may administratively approve minor changes or alterations to an approved PUD Plan, subject to appeal which shall be filed within fifteen (15) days of the Director's decision, provided the Director makes the following findings: 1. The proposed changes are consistent with the intent of the approved PUD Plan. 2. The proposed changes will not adversely impact the environment. 3. The proposed changes will not be detrimental to the surrounding uses. 4. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development. 5. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved PUD Plan. If the Director determines that the above findings cannot be made, then the request shall be considered a major change, and referred to the Planning Commission for review at a public hearing, and to City Council for review at a public hearing. E. Repeal. Any adopted PUD Plan may be repealed by the same procedure as the PUD plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a PUD, the City Council, with a recommendation from the Planning Commission, shall find that the -PUD is no longer necessary for the orderly and systematic implementation of the general plan. The repeating ordinance shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan. 17.37.080 Approved Planned Unit Development Overlays. The following PUD overlays cannot be effectively incorporated into the municipal code, have been approved by the City and are designated on the official zoning map of the City: Reserved 5 Agenda Item No. 18 Page 6 of 8 Future PUD overlays shall be numbered consecutively, whether incorporated into the municipal code or adopted as uncodified ordinances, and shown on the official zoning map of the city with the prefix "PUD". 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. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this day of 2007. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY 6 Agenda Item No. 18 Page 7 of 8 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. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of ,and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK ~ Agenda Item No. 18 Page 8 of 8 CITY OF .LADE LSII`~ORE DREAM EjC'I'REME~ REPORT TO CITY COUNCIL TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER MARCH 11, 2008 SUBJECT: SECOND READING -ADOPTION OF URGENCY ORDINANCE NO. 1249, ELIMINATING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II, AND III Discussion Urgency Ordinance No. 1249 .was adopted at a regular City Council meeting on February 26, 2008.and is now being presented for second reading as an additional validation measure. Recommendation Waive further reading and adopt Urgency Ordinance No. 1249, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ELIMINATING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE LAKE ELSINORE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II, AND III Prepared by: Vivian M. Muns~ City Clerk Approved by: Robert A. Brady City Manager ~~~111"' Agenda Item No. 19 Page 1 of 6 - ORDINANCE NO. 1249 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ELIMINATING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LACUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II AND N0. 111 WHEREAS, the Lake Elsinore Redevelopment Agency ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California) ("CRL"); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plans ("Redevelopment Plans") for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III ("Project Areas") which were adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ("City Council"), by Ordinance No. 607 on September 23, 1980 and thereafter amended by Ordinance No. 624 on July 20, 1981 -- (Project Area No. I), by Ordinance 671 on July 18, 1983 (Project Area No. II), and by Ordinance No. 815 on September 8, 1987 (Project Area No. III); and WHEREAS, by Ordinance No. 987 adopted on November 8, 1994; the City Council, among other actions, added certain provisions and limitations to the Redevelopment Plans as required by amendments to CRL Section 33333.6 enacted by AB 1290, including (i) the time limit as to the effectiveness of each Redevelopment Plan, (ii) the time limit to receive property taxes to repay indebtedness in each Project Area, and (iii) the establishment of the time limit after which the Agency may not incur debt in conjunction with implementation of each Redevelopment Plan; and WHEREAS, in calculating the time limits for the effectiveness of the Redevelopment Plans and receipt of property tax increment to repay indebtedness, the City Council intended by its adoption of Ordinance No. 987 to incorporate the time limits authorized by CRL Section 33333.6 as amended by AB 1290 which permits the Redevelopment Plans to expire 40 years after the date of adoption and permits the Redevelopment Agency to receive property tax increment to repay indebtedness for 10 years after the termination of the applicable Redevelopment Plan, but due to technical errors in such calculations, Ordinance No. 987 included certain incorrect dates; and WHEREAS, in extending the effectiveness of the Redevelopment Plans and time limit to receive property tax increment, Ordinance No. 987 states that the applicable deadlines shall apply "except to the extent that a longer period of time may be allowed pursuant to Section 33333.6 or other provisions of the Community 1 Agenda Item No. 19 Page 2 of 6 Redevelopment Law" and the City Council desires by this Ordinance to correct nunc pro tunc the time limits specified in Ordinance No. 987 consistent with the provisions of Section 33333.6 and the intent of the City Council; and WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature by Senate Bill 211, effective January 1, 2002, to provide that as to redevelopment plans originally adopted pre-January 1, 1994 the City Council may enact an ordinance eliminating the deadline on incurring indebtedness formerly required by CRL Section 33333.6, and to further provide that such ordinance may be adopted without compliance with CRL Section 33354.6 or Article 12 of the CRL, except that the redevelopment agency must begin making certain payments- of portions of the Agency's tax increment to affected taxing entities required by CRL Section 33607.7 commencing from the date the applicable redevelopment plan reaches the previously existing deadline to incur debt; and WHEREAS, pursuant to Section 33333.6(e)(2) of the CRL, the Agency desires to eliminate the time limit to incur debt in Project Area No. I immediately in order to implement the purposes, goals and objectives of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I, including the urgency to fund the acquisition of real property declared by the Agency to be necessary and beneficial for the implementation of the Redevelopment Plan and in furtherance of the health, safety and welfare of the community; and WHEREAS, CRL Section 33333.6(e)(4) was also amended by Senate Bill 211, effective January 1, 2002, to similarly provide that City Council may enact an ordinance eliminating the deadline on incurring loans, advances and indebtedness paid solely from the Agency's Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's affordable housing obligations formerly required by CRL Section 33333.6 without compliance with CRL Section 33354.6 or Article 12 of the CRL and without triggering the obligations to make payments to affected taxing entities under CRL Section 33607.7; and WHEREAS, pursuant to Section 33333.6(e)(4) of the CRL, the Agency desires to eliminate the time limit to incur debt in Project Areas No. II and No. III paid from .the Agency's Low and Moderate Income Housing Fund in order to fulfill the Agency's affordable housing purposes; and WHEREAS, Section 33681.9 of the CRL was added by Senate Biil 1045 effective September 1, 2003, requiring the Agency to make a payment during fiscal year 2003-04 for deposit into Riverside County's Educational Revenue Augmentation Fund (an "ERAF Payment"); and WHEREAS, Senate Bill 1045 also added Section 33333.6(e)(2)(C) to the CRL to provide that when an agency is required to make the ERAF Payment pursuant to Section 33681.9, the City Council may amend the applicable Redevelopment Plans by Ordinance without compliance with CRL Section 33354.6 or Article 12 of the CRL to Agenda Item No. 19 Page 3 of 6 extend by one year the time limit of the effectiveness of the Plans and the time limit to repay indebtedness; and . WHEREAS, the Agency was required to make ERAF Payments in fiscal year 2003-04 from each of the Project Areas and desires to amend the Redevelopment Plans as permitted by Section 33333.6(e)(2)(C); and WHEREAS, the enactment of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(4) (California Code of Regulations Section 15378(b)(4)) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The time limits specified in Ordinance No. 987 for the effectiveness of the Redevelopment Plans and the receipt of property tax increment to repay debt are restated Hunt pro tunc and further amended and extended by one year in accordance with Section 3333.6(e)(2)(C) of the CRL as follows: A. The Effective Date of the Redevelopment Plan for the Original Lake Elsinore Rancho Laguna Redevelopment Project Area No. I is extended from September 23, 2020 to September 23, 2021, and the Agency's ability to repay indebtedness from tax increment from the original Project Area is extended from September 23, 2030 to September 23, 2031. B. The Effective Date of Amendment No. 1 to the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I is extended from July 20, 2021 to July 20, 2022, and the Agency's ability to repay indebtedness from tax increment from the area added by Amendment No. 1 is extended to from July 20, 2031 to July 20, 2032. C. The Effective Date of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. II is extended from July 18, 2023 to July 18, 2024, and the Agency's ability to repay debt from tax increment from the Project Area is extended from July 18, 2033 to July 18, 2034. D. The Effective Date of the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. III is extended from September 8, 2027 to September 8, 2028 and the Agency's ability to repay debt from tax increment form the Project Area is extended from September 8, 2037 to September S, 2038. Agenda Item No. 19 Page 4 of 6 __ SECTION 2. The time limit of January 1, 2004, established by Ordinance No. 987 to incur debt set forth in the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. I and -the implementation for all redevelopment purposes pursuant thereto is hereby eliminated and the Agency is hereby authorized to incur indebtedness and any other obligations with respect to the Redevelopment Plan in accordance with all remaining provisions of such Redevelopment Plan at any time during which the Redevelopment Plan is effective. SECTION 3. The time limit of January 1, 2004, established by Ordinance No. 987 to incur debt set forth in the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. II is hereby eliminated for purposes of incurring loans, advances and indebtedness paid solely from the Agency's Low and Moderate Income Housing Fund and the Agency is hereby authorized to incur or establish more debt in order to fulfill the Agency's affordable housing obligations any time during which the Redevelopment Plan is effective or as otherwise permitted by the CRL. SECTION 5. The City Clerk is hereby authorized and directed to file a Notice of Exemption with the County of Riverside pursuant to CEQA Guidelines Section 15094. SECTION 6. If any provision, clause, sentence or paragraph of this _ Ordinance or the application thereof to any person ar circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 8. This Ordinance shall take immediately upon passage by a four-fifths vote of the City Council. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 26th day of February 2008. .L~ ICKMAN, MAYOR CITY OF LAKE ELSINORE A EST: IVIAN M. MUNSON CITY CLERK Agenda Item No. 19 Page 5 of 6 CITY 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 Urgency Ordinance No. 1249 was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 26th day of February 2008, by the following roll call vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Council Members Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSENT: None ABSTAIN: None / Yl.~..,e.,~__,_, VIVIAN M. MUNSON CITY CLERK Agenda Item No. 19 Page 6 of 6 APPROVED AS TO FORM: